(a) 
Applicability.
(1) 
Permit and fee required.
It is unlawful for any person to erect, construct, modify, relocate, repair, or convert any sign within the City or its extraterritorial jurisdiction (ETJ) without first obtaining a sign permit from, and paying a permit fee to, the Sign Administrator unless specifically noted otherwise in this chapter.
(2) 
Required conformance.
No person may install a sign or structurally alter an existing sign except in conformity with this chapter and all other applicable City ordinances.
(b) 
Sign Administrator.
(1) 
The Sign Administrator shall administer and enforce the provisions of this chapter, including without limitation:
(A) 
Issuing permits and collecting the fees required by this chapter;
(B) 
Conducting appropriate inspections to ensure compliance with this chapter;
(C) 
Instituting legal proceedings, including suits for injunctive relief when necessary, to ensure compliance with this chapter; and
(D) 
Investigating complaints of alleged violations of this chapter.
(2) 
The Sign Administrator is hereby authorized to delegate their authority, responsibilities, and obligations under this chapter as may be appropriate for the proper administration and enforcement of its provisions. All references herein this chapter to the Sign Administrator shall be deemed to include their appointed designees.
(c) 
Review and decision.
After a complete application is filed, the Sign Administrator shall approve, approve with conditions as needed to ensure compliance with this chapter, or deny the sign permit.
(d) 
Final inspection.
After any sign requiring a permit is constructed or erected, the sign contractor performing the work or service shall request that the Sign Administrator conduct a final inspection of the sign.
(e) 
Fees.
Fees for sign permits shall be as specified in Appendix A to the Code of Ordinances, section 3.500, sign permit fees, and shall be paid prior to issuance of the sign permit.
(f) 
Expiration of sign permits.
A sign permit shall expire two (2) years from the date such permit was approved if no progress has been made towards completion of the project, pursuant to section 245.005, Dormant Projects, of the Texas Local Government Code, as amended.
(g) 
No sign permit required.
The following signs do not require a sign permit:
(1) 
Integral signs.
Integral signs are those that are etched into stone, concrete, or another building material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached, if the sign does not exceed a cumulative area of six (6) square feet.
(2) 
Interior signs.
Interior signs are those that are located within the interior of a building. Signs that are within five (5) feet of a window count towards the window sign allowance stated in section 13.03.002, attached signs.
(3) 
Official signs or legal notices.
Official signs and legal notices that are issued by any court, public body, official, or officer in performance of a public duty, or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to City ordinances. The dimensions and designs of these signs shall comply with the most recent version of the Texas Manual on Uniform Traffic-Control Devices published by the Texas Department of Transportation, which document is incorporated by reference and made a part of this Section.
(4) 
Signs de Minimus.
Signs that are securely affixed to a building or structure (even if wall signs are not permitted in the district or for the use), which do not exceed one (1) square foot in sign area, provided that only one (1) such sign is present on each building elevation that is visible from public street rights-of-way or abutting property. Signs de minimus shall not be grouped to create a larger sign.
(5) 
Human signs.
Human signs, except as prohibited in section 13.05.002(8), prohibited signs.
(6) 
Flags.
Flags, as permitted in section 13.03.003, freestanding signs.
(7) 
Change of copy.
No sign permit is required for a change of copy on any sign, or for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified.
(8) 
Subject to other permits.
The above sign types may require a building permit or other related permits subject to applicable Building or Electrical Codes.
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)
The following signs are not permitted anywhere within the City or ETJ:
(1) 
Signs not allowed in the applicable zoning district, or that exceed the height, area, or other dimensional regulations in this chapter.
(2) 
Billboards.
(3) 
Articles, objects, or materials other than a sign as defined by this chapter.
(4) 
The following elements of a sign or sign structure, whether temporary or permanent, including:
(A) 
Sound, smoke, or odor emitters;
(B) 
Stacked products along roadway frontage; or
(C) 
Unfinished wood support structures, except that temporary signs may use unfinished stakes.
(5) 
Feather signs.
(6) 
Festoons.
(7) 
Graffiti.
(8) 
Human signs that:
(A) 
Are located in or within 10 feet of the public right-of-way;
(B) 
Carry or operate flashing or illuminated objects; or
(C) 
Operate between the hours of 8:00 p.m. and 7:00 a.m.
(9) 
Inflatable signs.
(10) 
Off-premises signs, except as otherwise allowed by this chapter.
(11) 
Pole signs.
(12) 
Portable signs, except for sandwich boards, in accordance with section 13.03.003, freestanding signs.
(13) 
Pylon signs.
(14) 
Roof signs.
(15) 
Signs with flashing lights, revolving beacon lights, fluttering, undulating, swinging, or otherwise moving parts. For purposes of this Article, an electronically controlled changeable-copy sign is not considered a flashing sign unless it directly falls under the definition of “flashing” as defined in this chapter.
(16) 
Signs installed, used, or maintained on any utility pole, traffic-signal pole, traffic-signal controller box, tree, public bench, streetlight, or any other structure located on or over any public property or public right-of-way, except for subdivision entry signs, in accordance with section 13.03.005, subdivision entry signs.
(17) 
Signs that substantially obstruct the lighting of public right-of-way or other public property, or interferes with a public utility or traffic-control device.
(18) 
Signs that are illuminated so as to create a safety hazard by obstructing the view of pedestrians, bicycles, or vehicular traffic.
(19) 
Signs that are a traffic hazard because they simulate or imitate (in size, color, lettering, or design) any traffic sign, signal, or device, or in any manner interfere with, mislead, or confuse traffic.
(20) 
Signs that obstruct any fire escape or required exitway.
(21) 
Signs placed on a vehicle or trailer that is parked or located for the primary purpose of displaying a sign. Signs on vehicles or trailers are prohibited unless:
(A) 
The vehicles are functional, used as motor vehicles, and have current registration and tags;
(B) 
The display of signs is incidental to the motor vehicle use (see figure 13.05.02.01, vehicle signs);
(C) 
The signs are used only as on-premises signs; and
(D) 
The vehicle is legally parked within a parking space.
Figure 13.05.02.01
Vehicle Signs
(22) 
Signs placed on semi-trailers, pull-behind trailers, shipping containers, or portable storage units, unless:
(A) 
The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags;
(B) 
The signs are subordinate to the use for temporary storage, pick-up, or delivery; and
(C) 
The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
(23) 
Signs placed on mannequins, costumed characters, or similar objects, except in the interior of a building or a window display.
(24) 
Signs that interfere with a ventilation opening, except that a sign may cover a transom window if otherwise in compliance with the applicable Building and Fire Codes.
(25) 
Signs located within the visibility triangle at an intersection that results in impaired sight distance of users of the intersection.
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)
(a) 
Nonconforming signs.
Any sign that is constructed, installed, used, operated, or maintained in violation of this chapter is “nonconforming”; provided, a nonconforming sign is “legal nonconforming” if: (1) the nonconforming sign was approved by a sign permit before the effective date of the ordinance adopting this chapter, if a permit was required under applicable law; (2) if no sign permit was required under applicable law, the nonconforming sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date of the ordinance adopting this chapter; (3) the sign had legal nonconforming status on the effective date of the ordinance adopting this chapter; or (4) the nonconforming sign existed on the date the property on which the sign is located was annexed into the City.
(1) 
Continuation of legal nonconforming sign.
A legal nonconforming sign shall be allowed to remain and be maintained subject to the limitations of this section, but no alteration shall be made that would increase the degree of nonconformity.
(2) 
Replacement, relocation, or alteration of nonconforming sign.
A nonconforming sign shall not be replaced, relocated, or altered, except in compliance with this chapter.
(3) 
Replacement of nonconforming element.
If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element.
(4) 
Removal of nonconforming sign structure.
If a nonconforming sign structure is removed, it shall not be replaced or altered, except in compliance with this chapter.
(b) 
Nuisance signs.
(1) 
Pursuant to Texas Local Government Code sec. 217.042, the Sign Administrator may declare a sign to be obsolete or substandard under any applicable ordinances of the City to the extent that the sign becomes a hazard to the health and safety of the public. For the purposes of this subsection, a sign is considered obsolete or substandard under any of the following conditions:
(A) 
When structural components of the sign are visibly bent, broken, missing, or visibly damaged in a manner that would render the structure unsafe under the terms of the applicable Building Code;
(B) 
When a sign or any of its structural components are twisted, leaning, or at angles other than those at which it was originally installed, to the extent that the sign becomes a hazard to the health and safety of the public;
(C) 
Electrical conditions exist which are in violation of the City’s adopted Electrical Code and which the Sign Administrator deems it to be a hazard to the health and safety of the public;
(D) 
A nonconforming sign, or a substantial part of it, is blown down or otherwise damaged to 60 percent or less of the cost of installing a new sign of the same type at the same location for any purpose other than maintenance operations or for changing the letters, symbols, or other matters on the sign;
(E) 
The business, person, or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located; or
(F) 
A nonconforming sign does not display any message for 90 consecutive days.
(2) 
Except as limited by subsection (a) above, repairs of a nuisance sign are permissible if it has been determined that the sign has been damaged to 60 percent or less of the cost of installing a new sign of the same type at the same location, or if 60 percent or less of the sign surfaces have been damaged. Repairs shall be completed no later than 90 days from the date of the damage.
(3) 
Abatement of hazardous condition.
If the Sign Administrator determines that a nuisance sign presents an imminent and substantial risk to public health, safety, and welfare, the Sign Administrator may enter the premises and abate the hazardous condition. The reasonable cost of abating the hazardous sign, together with interest on the unpaid balance at the prevailing judgment interest rate, shall be recorded as a lien against the record owner of the property on which the sign is located. A sign removed under this provision shall be held for a period of no less than 60 days after its removal before disposal of the removed sign, and the Sign Administrator shall return the sign to its owner upon payment of the incurred removal expenses and storage fees.
(4) 
Pursuant to Texas Local Government Code sec. 216.003(e), as amended, an on-premises sign or sign structure shall be removed on the first anniversary of the date the business, person, or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located; and if the premises are leased, an on-premises sign or sign structure shall be removed on the second anniversary of the date the most recent tenant ceases to operate on the premises on which the sign or sign structure is located
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)
(a) 
Beneficiary presumed.
The primary beneficiary of any sign installed, used, or maintained in violation of this chapter is presumed to have authorized or caused, either directly or indirectly, the installation, use, or maintenance of the sign in violation of this chapter.
(b) 
Notice of violation.
If the Sign Administrator determines that any sign is installed, used, or maintained in violation of the provisions of this chapter, the Sign Administrator shall provide written notice to the owner or primary beneficiary of such sign stating the basis of their determination and a reasonable period of time to remove the nonconforming or nuisance sign, or, to the extent authorized by this Article, to remedy all nonconforming or nuisance elements of the sign. This notice shall be provided to the owner or primary beneficiary of the sign by certified and first class mail, by personal delivery, or, if the Sign Administrator is unable to deliver by mail or personal delivery, by publication in the City’s official newspaper.
(c) 
Appeal.
The Sign Administrator’s determination may be appealed to the Planning and Zoning Commission. An appeal shall be delivered to the Sign Administrator within 10 days of receipt or publication of the notice of violation. The Sign Administrator’s receipt of a timely appeal shall stay further enforcement until the Commission’s determination. Upon consideration of the appeal, the Planning and Zoning Commission shall uphold the Sign Administrator’s determination and order remedy of the alleged violation(s), or overturn the Sign Administrator’s determination and dismiss the notice of violation. The Commission’s order shall be in writing and forwarded to the Sign Administrator and noticed primary beneficiary. If the Commission’s order is not complied with, the Sign Administrator may order the sign removed at the noticed primary beneficiary’s expense.
(d) 
Failure to comply.
(1) 
Penalties.
Failure to comply with any of the provisions of this chapter shall be deemed a class C misdemeanor and upon conviction, shall be subject to a fine in accordance with the general penalty provision set forth in section 1.01.009, general penalty for violations of Code, of the Cedar Park Code of Ordinances, as amended.
(2) 
Civil remedies.
In addition and without prejudice to the penalties and remedies stated herein, the City may also enforce these provisions and pursue any and all available legal remedies, including but not limited to injunctive relief and recovery of damages and/or civil penalties under chapter 54 of the Texas Local Government Code, as amended.
(3) 
Removal by Sign Administrator.
If the person fails to alter or remove the sign to comply with this chapter within a the period prescribed by the notice of violation or, if appealed, the Commission’s order, the Sign Administrator may enter the property and cause the sign to be altered or removed to effect compliance with this Chapter at the expense of the primary beneficiary, and shall, upon the determination of the expenses, certify them to the City. A sign removed under this provision shall be held for a period of no less than 60 days after its removal before disposal of the removed sign, and the Sign Administrator shall return the sign to its owner upon payment of the incurred removal expenses and storage fees.
(4) 
Notice of expenses incurred.
The Sign Administrator shall notify the owner or person entitled to possession of the sign or property of the total actual expenses incurred for the alteration or removal of the sign. If that person fails within 30 days after the date of notification to pay the entire expenses of the repair, alteration, or removal, then the expenses may be recorded as a lien against the property. These expenses shall include:
(A) 
The actual cost of repair or removal of the sign plus administrative costs;
(B) 
An amount representing penalty and interest at the prevailing judgment rate for the cost of collection; and
(C) 
Reasonable attorney’s fees.
(5) 
Permits to be withheld.
If expenses are incurred for the alteration or removal of a sign pursuant to this subsection, no permit shall be renewed or issued for the property upon which any such sign exists or existed unless and until such expenses authorized by this subsection are paid in full.
(e) 
Amortization.
The City may authorize amortization and removal of a nonconforming sign in accordance with the procedural and compensation requirements specified in chapter 216, regulation of signs by municipalities, of the Local Government Code.
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)
(a) 
Generally.
A sign permit applicant may request a variance from the Planning and Zoning Commission regarding the provisions of this chapter pursuant to this section when the requested relief is necessary to approve the application.
(b) 
Applicability.
(1) 
Matters subject to variance.
The Commission may consider and grant variances concerning the:
(A) 
Height and setback of signs;
(B) 
Maximum sign area;
(C) 
Maximum number of signs; and
(D) 
Variances specifically provided for in this Section, provided only if the following determinations have been made that:
(i) 
Appeal falls within the jurisdiction of the Commission;
(ii) 
All parties directly in interest have been notified of the proceedings;
(iii) 
The granting of the variance would not have the effect of applying sign standards from a less restrictive district;
(iv) 
The property cannot be reasonably used in conformity with the provisions of this chapter;
(v) 
The difficulty complained of is unique to the property in question and is not common to all properties similarly situated; and
(vi) 
Balancing the interest of the City in preserving the purpose of this Section or the interest of nearby properties against the interest of the applicant in using this property as proposed to be used, and the granting of the variance is required by considerations of justice and equity.
(2) 
Procedures.
(A) 
Application.
Applications for a sign variance shall be submitted to the Sign Administrator. A nonrefundable application fee, as established by the City Council and stated in the Cedar Park Code of Ordinances, Appendix A, Fee Schedule, shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed by the Sign Administrator.
(B) 
Action by the Sign Administrator.
Upon receipt of a completed application, the Sign Administrator shall refer it to the Commission for hearing and decision.
(C) 
Public hearing.
(i) 
A public hearing on the application shall be set and conducted by the Commission.
(ii) 
Before the tenth (10th) calendar day prior to the date of the public hearing conducted by the Commission, written notice of the public hearing shall be sent by first class mail to each owner, as indicated by the most recently certified municipal tax roll, of property within 300 feet of the property on which the variance is proposed. The notice shall include a description of the time and place of such hearing, a description of the location of the subject property and a description of the requested variance. In addition, the notice shall be published in the official newspaper of the City stating the time and place of such hearing, a minimum of ten (10) calendar days prior to the date of the public hearing.
(3) 
Approval criteria.
The Commission may grant a variance only when it is demonstrated that at least four (4) of the following five (5) criteria are met:
(A) 
The literal enforcement of the sign regulations creates an unnecessary hardship on the applicant;
(B) 
The proposed sign shall not have a substantial adverse impact the adjacent property (visibility, size and the like);
(C) 
The proposed sign shall be of a unique design or configuration;
(D) 
The variance is needed due to restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be erected; or
(E) 
The variance will substantially improve the public convenience and welfare and does not violate the intent of this Chapter.
(4) 
Decision.
The Commission shall render its decision granting or denying the sign variance after closing the public hearing.
(A) 
The Commission shall decide the merits of the variance based on the approval criteria and their findings of fact and deliberations, and the Commission’s decision shall be preserved by written order signed by the Chairperson.
(B) 
The Commission may impose specific conditions and safeguards relating to construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly stated in the written order granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this chapter.
(C) 
A variance less or different than that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
(D) 
The Commission’s decision is final.
(5) 
Effect of variance.
(A) 
The issuance of a variance shall not authorize the establishment or extension of any sign nor the development, construction, reconstruction, alteration, or moving of any sign or sign structure, but shall merely authorize the preparation, filing, and processing of an application for any permits or approvals which may be required by the City, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval.
(B) 
No variance of the provisions of this chapter shall be valid for a period longer than 2 years unless a sign permit has been issued and construction has actually begun within that period, and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within such period.
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)
Through an Economic or Community Development Agreement executed pursuant to Texas Local Government Code (TLGC), chapters 501–505, the City may establish unique sign standards if the proposed standards:
(1) 
Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property;
(2) 
Promote economic or community development by allowing flexibility in sign design, size, and characteristics to meet the needs of master planned development, uses that create jobs or meet the policies of the Comprehensive Plan, or that require special consideration;
(3) 
Enhance the compatibility of signs with the architectural and site design features within a development; and
(4) 
Encourage signs that are in character with planned and existing uses thus creating a unique sense of place.
(Ordinance CO27-17-03-09-H5 adopted 3/9/17)