Signs use private land near public rights-of-way to inform and
persuade the general public by publishing a message. This article
provides standards for the erection and maintenance of private signs.
All private signs not exempt as provided herein shall be erected and
maintained in accordance with these standards. These standards are
intended to be the minimum necessary and least burdensome to accomplish
the purposes stated in this section. The general objectives of these
standards are to promote health, safety, welfare, convenience and
enjoyment of the public and, in part, to achieve the following:
(1)
Safety.
To promote the safety of persons and property
by providing that signs:
(A)
Do not create a hazard due to collapse, fire, collision, decay or
abandonment;
(B)
Do not obstruct firefighting or police surveillance; and
(C)
Do not create traffic hazards by confusing or distracting motorists
or by impairing the driver’s ability to see pedestrians, obstacles,
or other vehicles, or to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages by providing that:
(A)
Businesses and services may identify themselves;
(B)
Customers and other persons may locate a business or service;
(C)
No person or group is arbitrarily denied the use of the sight lines
from the public rights-of-way; and
(D)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore said messages, according to the observer’s purpose.
(3)
Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the cityscape,
by providing that signs:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using the public rights-of-way;
(C)
Do not create a nuisance to occupy [occupants of] adjacent and contiguous
property by their illumination, size, height or movement; and
(D)
Are not detrimental to land or property values.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.601)
The requirements of this article shall be administered and enforced
by the building inspector of the city or his/her designated representative.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.602)
All signs permitted under this article shall be constructed
in accordance with the provisions of this article and the currently
adopted official building code of the city. In the event of a conflict
between this article and the building code, the provisions set forth
in this article shall prevail.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.603; Ordinance 2016-21, sec. 1, adopted 6/13/16)
As used in this article:
A sign which:
For at least 12 continuous months, does not identify or advertise
a bona fide business, lessor, service, owner, product or activity
on the premises on which the sign is located; or
If the premises are leased to a tenant and at least two years
have elapsed since the date the most recent tenant advertised on said
sign ceased to operate on the premises.
A structure made of cloth, metal or other material possessing
characters, letters, illustrations or ornamentations affixed to a
building in such a manner that the structure may be raised or retracted
to a position against the building.
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind, excluding flags, emblems
and insignia of political, professional, religious, educational or
corporate organizations.
An off-premises sign containing at least one hundred twenty-eight
square feet face area per face and which is owned by a person, corporation
or other entity that engages in the business of selling the advertising
space on the sign.
The building inspector of the city or his designated representative.
A structure other than an awning made of cloth, metal or
other material possessing characters, letters, illustrations or ornamentations,
with frames affixed to a building and carried by a frame, which is
supported by the ground.
A message which refers to the offer for sale or existence
for sale of products, property, accommodations, services or attractions
or attracts attention to a business or to products, property, accommodations,
services, or activities that are offered or exist for hire.
A sign identifying individuals or companies involved in the
design, construction, wrecking, financing or development of premises
where such sign is placed.
A tract of land upon which a structure is located.
A sign:
Where the panel is visibly cracked, or the paint is cracked
and peeling, or in the case of wood or similar products, splintered,
in such a way as to constitute an unsightly or harmful condition or
renders the sign unsafe; or
Where the sign or its elements are twisted or leaning or at
angles other than those at which it was originally erected (such as
may result from being blown or the failure of a structural support).
A sign providing no advertisement of any kind, which provides
direction or instruction to guide persons to facilities, intended
to serve the public (restrooms, parking, etc.).
A sign which indicates the names and/or addresses of the
occupant(s), the address of the premises, and/or identification of
any lawful businesses or the occupations which may exist at the premises.
A sign or portion of a sign that utilizes changeable copy
messages through internal illumination through light emitting diodes
(LEDs) or other light source to form a message in text form only,
wherein the sequence of messages and the rate of change is electronically
programmed and can be modified. This definition excludes television
screens, plasma screens, digital screens, holographic displays and
other similar media capable of providing moving pictures, video or
images.
That unincorporated area that is contiguous to the corporate
boundaries of the city and that is located within the boundaries identified
in section 42.021 of the Texas Local Government Code.
The area enclosed by the smallest imaginary regular shapes
that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming
an integral part of the display or used to differentiate the sign
from the backdrop or structure against which it is placed. Gross surface
area includes such features as decorative or ornamental elements or
features, borders, and trims, but not including any supporting structure
which is used solely for support of the sign, such as poles, columns
and cables, or a decorative fence, screening device or wall.
Any air- or gas-filled device located, attached, or tethered
to the ground, site, merchandise, or building and used for the purposes
of signage, advertising, or attracting attention to the site where
they are being displayed.
The front and, if applicable, side walls which enclose a
building or a portion thereof, and which abut a public street.
Any individual letter or group of letters attached to a building
shall constitute a sign. The area of such sign shall be the smallest
area encompassing the word in the form of a square, rectangle, triangle,
circle or combination thereof.
A permanent structure extending from part of the roof or
wall of a building but not supported by the ground, and constructed
of durable material such as metal, plastic or glass.
A sign permanently affixed to the ground, not elevated by
any pole or structure and not attached to or dependant upon any building
for support.
Any message that is not a commercial message.
A sign lawfully existing or under construction on the effective
date of the ordinance codified in this article which does not conform
to one or more of the provisions of this article.
Any of the following zoning districts identified in the official
zoning map of the city: C Business District, I Industrial District,
or PD Planned Development District. It shall include any other nonresidential
zoning district.
The process of keeping a sign in good repair.
Maintenance operations include:
Cleaning;
Painting;
Repair of parts with like materials in a manner that does not
alter the basic design or structure of the sign, provided that the
cost of all repairs performed during any consecutive 365-day period
is not more than 60 percent of the cost of erecting a new sign of
the same type at the same location; and
Replacement of parts with like materials in a manner that does
not alter the basic design or structure of the sign, provided that
the cost of all replacement of parts performed during any consecutive
365-day period is not more than 60 percent of the cost of erecting
a new sign of the same type at the same location.
Examples of actions that are not maintenance operations include,
without limitation:
Converting a sign from a multiple-pole structure to a monopole
structure;
Replacing wooden components with metal components;
Increasing the area or height of a sign, except for increases
in area permitted under subsection (1) above;
Adding illumination to a nonilluminated sign;
Adding additional display faces; and
Converting a sign to utilize animated display or movable copy
technology.
Material or performance defined in section 43 of the Texas
Penal Code, as amended.
A sign that directs attention to a business, profession,
activity, commodity, service, or other event other than one conducted,
sold, or offered upon the premises where such sign is located, or
within the building to which the sign is affixed.
A sign supported by one or more structures or supports placed
upon the ground and not attached to or dependent for support from
any building.
A temporary sign which addresses a political issue.
A sign which is mounted on portable or movable frames or
structures, including signs posted on, but not affixed or attached
to, the ground, including sign walkers.
A single tract or platted lot. In addition, multiple adjoining
tracts or platted lots under common ownership will be deemed to be
a single premises if they meet the following requirements: (i) lots
or tracts are not separated by intervening streets, alleys, utility
or railroad rights-of-way or other interruption; (ii) the property
contains a single primary use; and (iii) the property is not used
for one- or two-family dwelling purposes. Tracts or platted lots that
are at cross corners or that are connected by narrow strips of land
too small to serve as emergency access easements shall not be considered
to be adjoining.
An imaginary triangle which has two sides beginning at the
edge of pavement and the meeting point of two intersecting streets,
and extending along the edge of existing roadway surfaces a set distance,
as set forth in table A (below). The line connecting the end points
of these two lines forms the third side of the triangle. (When such
an easement has not been granted via plat or other recorded document,
a public visibility easement is also known as a visibility triangle.)
|
Table A. Public Visibility Easement Dimensions
| |||
|---|---|---|---|
|
Collector A and B, historical district
|
Collector C - Local streets (residential and nonresidential),
country lanes, and commercial and multifamily residential driveways
|
Alley 1, 2, and 3
| |
|
Collector A and B, historical district
|
30' x 30'
|
30' x 20'
|
30' x 15'
|
|
Collector C - Local streets (residential and nonresidential),
country lanes, and commercial and multifamily residential driveways
|
20' x 30'
|
20' x 20'
|
20' x 15'
|
|
Alley 1, 2, and 3
|
15' x 30'
|
15' x 20'
|
15' x 15'
|
A sign which is used to offer for sale, lease or rent, the
premises or portions of the premises upon which the sign is placed.
Any R-1, R-2 or R-3, or MHP zoning district or any other
residential zoning district identified in the official zoning map
of the city.
A sign or device that is usually made of flexible material
attached to a freestanding rigid pole or frame.
A type of temporary sign consisting normally of two (2) opposing
pieces of wood or plastic or similar material, and normally displayed
in front of a business during business hours.
Every sign, name, number, identification, description, announcement,
declaration, demonstration, device, display, banner, rigid banner,
pennant, illustration, logo, balloon, inflatable advertisement, streamer,
valance, advertising display, poster, beacon, light or insignia, and
structure supporting any of the same, affixed directly or indirectly
to or upon any building, window, or outdoor structure or approved
sign poles, or erected or maintained upon a piece of land, which directs
attention to any object, project, service, place, activity, person,
institution, organization, or business.
A person, visible from the public right-of-way, that is holding,
twirling, or wearing a sign, lights or a costume to draw attention
to a business, project, place or event.
Small flags or strips of various types of materials, usually
reflective or brightly colored and displayed on strings or ropes in
various lengths, and used to attract attention to the site where they
are being displayed.
A sign used to identify a particular subdivision.
A temporary off-premises sign used to direct traffic to a
residential section or subdivision or location in the city.
A sign constructed of cloth, canvas, light fabric, cardboard,
wallboard, wood, metal, or other like materials, with or without frames,
and any type of sign not permanently attached to the ground, wall,
pole, or building, intended to be displayed for a short period of
time only.
A tract of land upon which no structure is located.
A sign attached directly to an exterior wall of a building
or dependant upon a building for support with the exposed face of
the sign located in a place substantially parallel to such exterior
building wall to which the sign is attached or supported by. It includes
letters, words, and characters painted or attached directly to the
roof. Awning, canopy, marquee and letter signs shall be considered
wall signs for purposes of calculating the minimum effective area.
A sign containing no advertising material and warning the
public of the existence of danger.
A sign which is attached to the window, and includes window
displays if within two feet of the window, but does not include signs
attached to windows which have been altered to prevent all light penetration.
(Ordinance 10-10 adopted 3/2/10; Ordinance 2014-16, sec. 1, adopted 8/12/14; 2001
Code, sec. 3.604; Ordinance 2016-21, sec. 2, adopted 6/13/16)
Any person, firm, governmental entity, partnership, corporation or other legal entity who violates, disobeys, omits, neglects or refuses to comply with or who shall resist the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.630)
(a)
Appeals.
A person aggrieved by any decision rendered
by the building inspector under this article may appeal to the city
council. The appeal must be received within 10 days after the placement
of a letter of notification from the building inspector in the U.S.
mail addressed to the owner of the sign. The appeal shall be filed
in writing with the city (manager/secretary) and must specify the
grounds on which the appeal is based. The city council shall review
the appeal at a city council meeting as soon as practical, but not
later than 30 days from receipt of the appeal. The decision by the
city council is final.
(b)
Variances.
(1)
The city council may authorize a variance to any regulation established
in this article, including but not limited to the number, type, area,
height, material, construction, or any other aspect involved in the
sign permitting process. In granting a variance, the city council
shall consider the following:
(A)
Special conditions exist which are peculiar to the land, structure
or building involved and are not applicable to other lands, building,
or structures in the same vicinity. The city may attach such conditions
to granting all or a portion of any variance necessary to achieve
the purpose of this article;
(B)
The strict interpretation of the provisions of this article would
deprive the applicant of rights commonly enjoyed by other properties
in the vicinity under the terms of this article;
(C)
The special conditions and circumstances do not result from the actions
of the applicant and such conditions and circumstances do not merely
constitute monetary hardship or inconvenience;
(D)
Granting the variance will meet the objectives of this article and
not injure the adjoining property owners or be detrimental to the
public welfare;
(E)
The request will be the minimum variance necessary to alleviate the
special hardship or practical difficulties faced by the applicant
in meeting the requirements of this article; and
(F)
Granting the variance will be in harmony with the spirit and purpose
of this article.
(2)
A person may request a variance from this article by filing a request
with the building inspector. A person wishing to request a variance
shall submit a completed application form that includes:
(A)
A description of the requested variance, and an explanation of why
it should be granted;
(B)
A description of how the variance is consistent with the goals and
purposes of this article;
(C)
If a location variance, a site plan of the property visually depicting
the requested variance, or if a design or size variance, a graphic
depiction of the proposed sign; and
(D)
A nonrefundable filing fee in accordance with the city fee schedule.
(3)
Notice of the variance hearing shall be by posting on the agenda
for the city council in compliance with applicable law.
(4)
In granting a variance, the city council may impose such conditions
as will reasonably accomplish the purposes of this article.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.628; Ordinance 2016-22 adopted 6/13/16; Ordinance adopting 2017 Code)
The fees to be charged under this article are as set forth in the fee schedule in appendix A of this code.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.629)
(a)
Applicability.
Except as otherwise provided herein,
the provisions of this article apply to all signs within the city
limits and in the city’s extraterritorial jurisdiction.
(b)
Permit required.
A person commits an offense if the
person erects, constructs or relocates within the city a sign upon
any property within the city without first obtaining a permit from
the city, except as otherwise provided in this article. A person who
erects, constructs or relocates a sign in the city’s extraterritorial
jurisdiction shall not be required to obtain a permit from the city.
(c)
Permit application.
A person shall file an application
with the building inspector on forms provided by the city. An application
for a sign permit shall include a drawing, to scale, of the proposed
sign and all existing signs maintained on the premises and visible
from the right-of-way, a drawing of the lot plan or building facade
indicating the proposed location of the sign(s), and sign specifications.
(d)
Permit fees.
Fees for a permit to erect, construct, or relocate a sign shall be as established by the fee schedule found in appendix A of this code.
(e)
Permit issuance or denial.
The building inspector shall,
within ten working days of the date of receipt of the application,
either approve or deny the application or refer the application back
to the applicant in any instance where insufficient information has
been furnished. The building inspector shall deny an application if
it does not comply with the requirements of this article. A denial
and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant at the address shown on the application or the last
known address.
(f)
Maintenance and repairs.
All signs shall be maintained
in good structural condition, in compliance with all building and
electrical codes, and in conformance with this article, at all times.
No permit shall be required to perform normal maintenance operations
or changing of parts or copy of a sign, provided that the maintenance
or change of parts does not alter the gross surface area, height or
otherwise render the sign nonconforming with the requirements of this
article.
(g)
Public visibility easement.
To assure visibility at
all street intersections, no structure, object, plant or sign of any
type may obstruct vision from a height of twenty-four (24) inches
to a height of eleven (11) feet above the crown of the road, including,
but not limited to, buildings, fences, walks, signs, trees, shrubs,
cars, trucks, etc., in the public visibility easement as shown on
the plat, with the exception of one utility pole, one street sign,
or one fire hydrant. The easement will remain in effect until vacated
by an order issued by the city’s development services department
and the property is replatted.
(h)
Measurement of sign area.
(1)
Sign copy mounted or painted on a background panel or area distinctively
painted, textured or constructed as a background for the sign copy
shall be measured as the area contained within the outside dimensions
of the background panel or surface.
(2)
Sign copy mounted as individual letters and/or graphics against a
wall, fence, screening device, awning or fascia of a building or other
structure that has not been painted, textured or otherwise altered
to provide a distinctive background of the sign copy shall be measured
as the area enclosed by each individual word or graphic.
(3)
For three-dimensional signs such as spherical, free-form, sculptural,
or other non-planar signs, the area enclosed by the smallest imaginary
regular shape or combination of shapes which would fully contain all
portions of the sign when rotated horizontally around the sign shall
be measured to determine size.
(i)
Sign illumination.
A sign may be lighted by internal
lighting from a light source entirely within the sign or by a lighting
source located a distance away from the sign and projecting light
onto the sign, subject to the following:
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.605)
(a)
A
person commits an offense if the person:
(1)
Illuminates a sign to an intensity that causes glare or brightness
to a degree that could constitute a hazard or nuisance. Moving, flashing,
intermittently lighted, changing color, scrolling, strobe lights,
rotating beacons, revolving, static or moving digital/video display,
or similarly constructed signs are prohibited without approval by
the city council;
(2)
Displays on a sign gestures or words which are obscene as defined
in this article;
(3)
Paints a sign, other than a nameplate and address showing the street
number, to a fence, railing or wall which is not a structural part
of the building in or facing a residential zoning district, whether
or not on the property line;
(4)
Displays or erects a billboard;
(5)
Attaches a sign, paper or material, or paints, stencils or writes
any name or number (except house or street address numbers) or otherwise
marks on any public sidewalk, curb, gutter or street. The city council
may grant an exception for special events. The city’s infrastructure
services department and police department are exempt from this subsection;
or
(6)
Displays a sign advertising or depicting alcohol in any window or
in any other manner which is visible from the public right-of-way;
provided, however, the generic words “beer,” “ale,”
“wine,” “liquor” and “spirits”
may be included in otherwise allowed signage.
(b)
A
person commits an offense if the person attaches, erects or maintains
any sign:
(1)
Upon any public utility pole, or structure, or on any tree that is
located on public land or in a public right-of-way;
(2)
Over or in public rights-of-way. No sign shall be erected in the
right-of-way except movement control, traffic-control devices, street
signs or directional signs placed by the city or state; or
(3)
In a public visibility easement or visibility triangle.
(c)
A
person commits an offense if the person erects or displays a sign
in such a manner as to:
(1)
Prevent free ingress to or egress from any door, window or fire escape.
No sign of any kind shall be attached to a standpipe or fire escape;
(2)
Obstruct free and clear vision, or at any location where by reason
of position, shape, color, degree, manner or intensity of illumination
may interfere with vehicular or pedestrian traffic;
(3)
Interfere with, obstruct the view of, or be confused with any authorized
traffic-control device; or
(4)
Encroach upon the visibility triangle of any street intersection, except as permitted by section 3.06.008(g).
(d)
A
person commits an offense if the person makes use of words, phrases,
symbols or characters, or employs any lamp or light, in such a manner
as to interfere with, mislead or confuse traffic.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.606; Ordinance 2016-21, sec. 3, adopted 6/13/16)
Vehicular signs shall conform to the following regulations:
(1)
It
is unlawful to attach any sign advertising anything other than the
name of a special event or company and the service it provides to
a trailer, skid, or similar mobile structure or vehicle, where the
primary use of said attachment is to provide a base for such sign
or constitute the sign itself. This provision does not restrict the
identification signs on vehicles used for any bona fide business activity.
(2)
Signs
attached to or upon any vehicle shall be prohibited where any such
vehicle is allowed to remain parked in the same location, or in the
same vicinity, at frequent or extended periods of time, where the
intent is apparent to be one of using the vehicle and signs for purposes
of advertising an establishment, service or product.
(3)
It
shall be prima facie evidence that a sign is used to advertise a product
or direct people to a business or activity if the vehicle or trailer
is parked in the same location for a continuous period exceeding seventy-two
hours.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.607)
(a)
Political sign.
Public polling place.
Definitions.
As used in this section, the following
terms shall have the respective meanings ascribed to them:
Any temporary sign identifying or promoting a candidate,
ballot proposition or political party in a local, state or national
election.
A building owned or controlled by the city or another public
entity, including the land on which such building is located, that
is in use as a public polling place pursuant to chapter 43 of the
Texas Election Code.
(b)
Generally.
Political signs shall be subject to
all other provisions of this chapter, unless specified otherwise within
this section.
(c)
Private property.
Political signs are allowed
on private property provided such signs comply with the following:
(1)
The sign is on private property with the consent of the property
owner, and not placed in a public right-of-way, utility easement,
or other encumbrance that allows a municipality to use the property
for a public purpose.
(2)
The gross surface area of the sign is not more than thirty-six
(36) square feet.
(3)
The sign does not exceed eight (8) feet in height.
(4)
The sign is not illuminated.
(5)
The sign does not have any moving elements.
(6)
The sign is not generally available for rent or purchase to
carry commercial advertising or other messages that are not primarily
political.
(7)
Political signs shall be removed within ten (10) days after
completion of the election in question. In the case of a run-off election,
signs advertising those candidates in the run-off election may be
continued to be displayed during the interim period, but must be removed
within ten (10) days after the run-off election.
(8)
Political signs shall not be installed in any manner that may
result in a potential safety hazard of any type.
(9)
Political signs shall not be placed in visibility triangles
or medians located within sight triangles.
(10)
Political signs may be erected no earlier than sixty-two (62)
days before the date of the election for which the sign is designated.
(d)
Public property.
Except as permitted by subsection (e) below, political signs shall not be located on city-owned property such as parks, fire stations, police stations, city hall and other city-owned buildings. Political signs may not be placed in city road right-of-way or in state highway right-of-way situated within the city.
(e)
Polling places.
Political signs may be placed
on the premises of a public building designated as an official polling
place on a designated election day or during designated early voting
periods, with such signs being located outside the specific distance
from the polling place entrance established by state election laws
(currently 100 feet of an outside door through which a voter may enter
the building in which a polling place is located). Additionally, reasonable
time, place and manner restrictions are imposed on political signs
at public polling place as follows:
(1)
Time of placement.
Political signs shall be allowed
at public polling places during early voting periods and on election
days and run-off election days. Signs so posted shall be removed within
48 hours after the close of early voting or the close of voting on
election days and run-off election days, as applicable.
(2)
Location.
Political signs may not be placed:
(A)
Within public rights-of-way;
(B)
In designated parking spots;
(C)
In sidewalks, driveways, emergency vehicle parking zones or
in front of fire hydrants; or
(D)
In sight triangles or medians located within sight triangles.
(E)
Prohibitions ((A)–(D)) shall not apply to a person holding
a political sign unless deemed to pose a safety threat or to impede
visibility or ingress and egress at a public polling place.
(3)
Quantity.
No more than three (3) identical signs
shall be placed at a public polling place.
(4)
Characteristics.
Political signs:
(A)
Shall have an effective area no greater than 36 square feet
and a height of no more than eight feet;
(B)
Shall be displayed only by attachment to the ground by wire
stands (no wood or angle iron stakes) and shall not be located on
any utility, light, traffic signal or sign pole;
(C)
Shall be placed so as to avoid damage to tree roots, irrigation
lines or other underground vegetation or structures;
(D)
Shall not be illuminated or projected; and
(E)
Shall not contain moving elements.
(f)
No permit required.
No permit or fee shall be
required for any political sign, as defined in this section.
(g)
Message substitution.
Notwithstanding any provision
in this chapter to the contrary, if a political sign is authorized
to be placed or erected under this section, a temporary sign with
any other noncommercial message is allowed to be erected in its place
provided it otherwise complies with the provisions of this section.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.608; Ordinance 2023-04 adopted 6/12/2023)
Pole signs are permitted in both residential and nonresidential
zoning districts, and the city’s extraterritorial jurisdiction,
subject to the following regulations:
(1)
Pole
signs in nonresidential zoning districts. Pole signs in nonresidential
zoning districts are subject to the following restrictions:
(A)
Each premises shall have no more than one pole sign.
(B)
A pole sign shall not exceed thirty-five feet in height, except pole
signs on properties fronting onto U.S. Highway 380, State Highway
114, or State Highway 101, which shall not exceed fifty feet in height.
(C)
A pole sign shall not exceed 100 square feet of gross surface area
per side.
(D)
A pole sign may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, the sign shall not be placed in the visibility
triangle.
(E)
Premises containing two or more businesses, as permitted by individual
certificates of occupancy, may have one pole sign which advertises
multiple occupants.
(2)
Pole
signs in residential zoning districts. Pole signs shall be allowed
in multifamily zoning districts and are subject to the following restrictions:
(A)
Each premises shall have no more than one pole sign.
(B)
A pole sign shall not exceed thirty-two square feet of gross surface
area for each side.
(C)
A pole sign shall not exceed eight feet in height.
(D)
A pole sign may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, the sign shall not be placed in the visibility
triangle.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.609)
Monument signs are allowed in both residential and nonresidential
zoning districts, and the city’s extraterritorial jurisdiction,
subject to the following regulations:
(1)
Monument signs in nonresidential zoning districts.
Monument
signs in nonresidential zoning districts are subject to the following
restrictions:
(A)
Each premises shall have no more than one monument sign.
(B)
A monument sign shall not exceed thirty-five square feet of gross
surface area for each side.
(C)
A monument sign shall not exceed eight feet in height, including
the base.
(D)
Monument signs may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, such sign shall not be placed in the visibility
triangle.
(E)
Structures containing two or more businesses, as permitted by individual
certificates of occupancy, may have one monument sign which advertises
multiple occupants.
(2)
Monument signs in residential zoning districts.
Monument
signs shall be allowed in residential zoning districts classified
as multifamily and are subject to the following restrictions:
(A)
Each premises shall have no more than one monument sign.
(B)
A monument sign shall not exceed thirty-two square feet of gross
surface area per side.
(C)
A monument sign shall not exceed six feet in height, including the
base.
(D)
A monument sign may be located next to, but not into, the public
right-of-way, provided that the sign does not create a hazard to traffic
or pedestrians. If placed on a corner, such sign shall not be placed
in the visibility triangle.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.610)
Wall signs are permitted in both residential and nonresidential
zoning districts, and the city’s extraterritorial jurisdiction,
subject to the following regulations:
(1)
Wall signs in nonresidential zoning districts.
Wall
signs are allowed in all nonresidential zoning districts, subject
to the following regulations:
(A)
The front and all sides of a building or leasable space abutting
a public street shall be measured to determine the amount of wall
signage permitted by using the following formula:
|
Width x Height x Fifteen Percent
|
(For buildings or leasable space with a wall height
of less than twenty feet, measured from ground level to the bottom
of the roof line, the following method of measurement shall be used:
Width multiplied by Twenty Feet x Fifteen Percent.)
(B)
For multi-occupant structures, only the area of leasable space shall
be used to determine maximum allowable signage.
(C)
All wall signs and sign copy shall be mounted parallel to the building
surface to which they are attached, and shall project no more than
eighteen (18) inches from the building surface.
(D)
Signs attached to fences shall be calculated as part of the maximum
amount of wall signage and shall be in conformance with the requirements
of this article.
(E)
An enclosed frame may be mounted on a building for the purpose of
displaying alternating banners or other temporary signage. Such frame
shall be permitted as a permanent wall sign, shall be calculated as
part of the maximum allowable amount of wall signage, and shall be
in conformance with the requirements of this article; however, a temporary
sign permit will not be required for any temporary signage displayed
within the frame.
(2)
Wall signs in residential zoning districts.
Wall signs
shall be allowed in residential zoning districts classified as multifamily,
subject to the following restrictions:
(A)
A wall sign is permitted for building identification only, i.e.,
address or building numbers.
(B)
A maximum of two signs per building are permitted.
(C)
All signs and sign copy shall be mounted parallel to the building
surface to which they are attached. Signs shall not be mounted on
roofs and shall not project above the roof.
(D)
No sign or sign copy shall exceed twenty-four inches in height.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.611)
(a)
Awning,
canopy, marquee and letter signs are permitted in nonresidential zoning
districts, and the city’s extraterritorial jurisdiction, provided
that awning, canopy, marquee and letter signs are calculated as part
of the maximum permitted wall signage, and that such signs do not
encroach into the public right-of-way.
(b)
Nothing
in this article shall be construed to allow additional wall signage
other than that allowed in this article.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.612)
Electronic message signs shall be static, and are subject to
the same size, height and location requirements as other signs regulated
by this article, and are additionally subject to the following restrictions:
(1)
Electronic
message signs shall be text-only displays in one color at a time,
and shall not contain animation, flashing lights, moving or still
pictures, or other video display as part of the sign. Text-only displays
shall have a uniform and non-conspicuous background color.
(2)
Electronic
message signs are permitted only in nonresidential zoning districts.
(3)
The
electronic message portion of the sign shall not exceed forty percent
(40%) of the total sign face permitted, and shall not be the only
sign face.
(4)
An
electronic message sign shall not emit audible sounds.
(5)
Electronic
message signs may not be used to display messages relating to products
or services that are not offered on the premises; except such signs
may display time and temperature, public service announcements and
announcements regarding community events.
(6)
Changeable
copy or text shall not change more frequently than every twenty (20)
seconds.
(7)
Electronic
message signs must be equipped to automatically dim after dark and
must be equipped to adjust the intensity of the display according
to natural ambient light conditions, reducing brightness in dark conditions
and increasing brightness in light conditions.
(8)
The
light produced from an electronic sign shall not exceed 0.3 footcandles
(fc) over ambient light levels. Measurements shall be taken perpendicular
to the face of the sign at a distance of 150 feet.
(9)
No
electronic message sign shall be located within one hundred and fifty
(150) feet of property zoned for a single-family residence, measured
in a line from the front facade of the residence to the adjoining
property line, along the property line to the right-of-way line, and
along the right-of-way line to the sign.
(Ordinance 2016-21, sec. 4, adopted 6/13/16)
(a)
Temporary
signs include, but are not limited to: banners, pennants, inflatable
advertisements, streamers, posters, sandwich boards, and any display
or device that is not otherwise defined as a wall, monument or pole
sign, or as a portable sign. If a proposed sign is not clearly defined
within this article, it shall be the discretion of the building inspector
to classify such sign.
(b)
Temporary
signs are permitted in all zoning districts, and the city’s
extraterritorial jurisdiction, subject to the following conditions:
(1)
Temporary signs in residential zoning districts shall be erected
for a period not to exceed a total of thirty (30) days per calendar
year.
(2)
Temporary signs in nonresidential zoning districts shall be erected
for a period of three hundred sixty-five (365) days, subject to the
issuance of an annual temporary sign permit. Once an annual temporary
sign permit is obtained, temporary signs may be rotated by a business
without obtaining an additional annual permit.
(3)
Temporary signs shall not exceed 36 square feet per sign face.
(4)
The maximum permitted height of a temporary sign is six feet.
(7)
No more than one temporary sign shall be permitted or erected for
the same business at one time, except for a period of sixty (60) days
following the grand opening of a new business. For that period of
sixty (60) days, up to three (3) different types of temporary signage
may be erected, subject to the issuance of an annual temporary sign
permit.
(c)
Inflatable
advertisements, including balloons over eighteen (18) inches in diameter,
are permitted in nonresidential zoning districts, and the city’s
extraterritorial jurisdiction, subject to the following conditions:
(1)
Inflatable advertisements shall not exceed twenty (20) feet in height
or ten (10) feet in width.
(2)
Inflatable advertisements shall be securely fastened in place.
(3)
No inflatable advertisement shall be attached to the roof of a building
or structure.
(4)
Balloons on a tether line shall have the length of the tether limited
to less than the distance to the nearest electrical power line or
public street.
(5)
Inflatable advertisements shall be displayed for no more than fourteen
(14) consecutive calendar days.
(6)
No inflatable advertisement shall be located within twenty (20) feet
of a roadway or a driveway or other ingress or egress from a property.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.613)
(a)
Portable
signs are permitted in nonresidential zoning districts, and the city’s
extraterritorial jurisdiction, and are subject to the following regulations:
(1)
A person may display a portable sign for a business for a continuous
period of six months, beginning the date that the new business receives
a certificate of occupancy from the city, or the date that the new
business opens in the extraterritorial jurisdiction of the city.
(2)
Thereafter, a person may erect and display a portable sign for a
period of up to sixty (60) consecutive days. The portable sign shall
be removed for not less than sixty (60) consecutive days prior to
the issuance of another permit.
(3)
Portable signs must be removed within five calendar days of the earlier
of the termination of the activity, service, product or sale which
is advertised on the sign, or the expiration of the permit.
(b)
A
portable sign shall not be permitted on property located within a
residential zoning district.
(c)
A
person commits an offense if the person erects or maintains a portable
sign within the visibility triangle or public rights-of-way.
(d)
No
more than a total of three (3) portable signs on-site and no more
than a total of three (3) portable signs off-premises shall be permitted
for the same business at one time.
(e)
Off-premises portable signs may only be used in conjunction with a permitted special event and shall conform to all conditions of the special event temporary sign permit as set forth in section 3.06.019 of this article and with the following:
(1)
Written permission must be obtained from any private property owner
where an off-premises portable sign is erected or displayed by a sign
walker. Such written permission must be displayed or otherwise readily
available for inspection by law enforcement personnel.
(2)
Off-premises portable signs shall not be erected or displayed by
a sign walker in such a manner as to be considered a nuisance to other
individuals, businesses or commercial interests and shall not interfere
with the normal operation of any other business or commercial interest.
(Ordinance 2014-16 adopted 8/12/14; 2001 Code, sec. 3.614)
A person owning or operating a commercial business within the
city limits or the extraterritorial limits of the city offering goods
or services for sale to the public may obtain a special event temporary
sign permit from the city to temporarily allow additional signage
relating to the special event, subject to the following terms and
conditions:
(1)
A
special event temporary sign permit shall be valid for a period of
up to sixty (60) consecutive days. Such temporary signage must be
fully removed within five (5) calendar days following the earlier
of the termination of the activity, service, product or sale which
is advertised on the sign, or the expiration of the special event
permit.
(2)
Special
event temporary sign permits shall be limited to two (2) per year
per business location, with a mandatory sixty (60) consecutive day
interval between special events.
(3)
Special
event temporary signs, excluding banners and wall signs attached directly
to an exterior wall of the primary building in such a manner as would
be defined in this article as a wall sign, may not exceed thirty-six
(36) square feet per face.
(4)
Special
event temporary signs in the form of banner and wall signs attached
directly to an exterior wall of the primary building at the business
location in such a manner as would be defined in this article as a
wall sign shall not exceed the total area of the wall to which the
sign is attached.
(5)
No
more than three (3) special event temporary signs not attached to
the primary building at the building location in such a manner as
would be defined in this article as a wall sign shall be erected at
the business location at any one time.
(6)
No
special event temporary sign may be erected at a height exceeding
the highest exterior wall height of the primary building at the business
location.
(7)
No
special event temporary sign shall be placed or displayed in any public
right-of-way or visibility triangle.
(8)
Inflatable advertisements used as special event temporary signs shall conform to all conditions set forth in section 3.06.017(c) of this article, with the exception that such inflatable advertising may be displayed for up to sixty (60) consecutive days as allowed in the special event temporary sign permit.
(Ordinance 2014-16 adopted 8/12/14; 2001 Code, sec. 3.614.5)
Construction signs are permitted in all zoning districts, and
in the city’s extraterritorial jurisdiction, subject to the
following restrictions:
(1)
One
temporary on-premises construction sign for each contractor, lender,
architect, engineer, or to advertise the arrival of a new residential
development on the premises to which the sign pertains is allowed.
(2)
Such
signs shall not be erected prior to the issuance of a building or
development permit of the project to which the sign pertains and must
be removed at the time of final approval of the construction or development
by the building inspector.
(3)
Such
signage shall not exceed twelve square feet per side or exceed six
(6) feet in height.
(4)
Two
temporary off-premises construction signs are permitted for residential
subdivisions. Developers may erect one temporary off-premises construction
sign until eighty percent of the lots in the advertised subdivision
are built. The second off-premises construction sign may remain up
to one year after the subdivision has been accepted by the city or
until eighty percent of the lots in the advertised subdivision are
built, whichever comes first. Off-premises signs shall not exceed
thirty-five (35) feet in height. The gross surface area shall not
exceed thirty-two (32) square feet for each side.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.615)
(a)
Signs
identifying a residentially zoned subdivision are permitted in the
city and in the city’s extraterritorial jurisdiction, subject
to the following restrictions:
(b)
One
subdivision sign shall be permitted for each entrance to the subdivision.
(c)
A
subdivision sign shall not be erected or maintained within the visibility
triangle or public rights-of-way.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.616)
Real estate signs, other than signs prohibited by section 3.06.009, are permitted in all zoning districts, and in the city’s extraterritorial jurisdiction, subject to the following restrictions:
(1)
Developed property.
(A)
One real estate sign is permitted on each street frontage.
(B)
No off-premises real estate signs are permitted in residentially
zoned developed subdivisions.
(C)
The total gross surface area of each sign shall not exceed sixteen
square feet per side.
(D)
Each sign shall not exceed ten feet in height.
(E)
A real estate sign shall not be erected or maintained within the
visibility triangle or public rights-of-way.
(2)
Undeveloped property.
Real estate signs may be erected
on undeveloped property as follows:
(A)
Signs may be placed no closer than one per three hundred linear feet
of street frontage.
(B)
The total gross surface area for each sign shall not exceed sixteen
square feet for each side.
(C)
Each sign shall not exceed ten feet in height.
(D)
A real estate sign shall not be erected or maintained within the
visibility triangle or public rights-of-way.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.617)
Off-premises temporary real estate directional signs are permitted
in all zoning districts, and in the city’s extraterritorial
jurisdiction, subject to the following regulations:
(1)
A
permit is required prior to the placement of temporary real estate
directional signs within the city limits.
(2)
The
applicant shall place no more than ten temporary real estate signs
at a time.
(3)
Signs
shall not constitute a traffic hazard or impair visibility. A temporary
real estate directional sign shall not be erected or maintained within
the visibility triangle.
(4)
Temporary
real estate directional signs shall not be placed in the public rights-of-way.
(5)
A
temporary real estate directional sign shall not exceed 320 square
feet in size.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.618)
(b)
Off-premises
signs are permitted in all zoning districts, and in the city’s
extraterritorial jurisdiction, subject to the following regulations:
(1)
Off-premises signs are permitted in nonresidential zoning districts;
however, nothing in this section shall be construed to allow additional
signage other than the maximum amount allowed in this article.
(2)
No directional or off-premises signs shall be allowed in residential
zoning districts except temporary real estate directional signs and
signs containing noncommercial messages.
(3)
No directional or off-premises sign is permitted to be erected or
maintained within the visibility triangle or public rights-of-way.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.619)
The following signs are permitted in all zoning districts, and
in the city’s extraterritorial jurisdiction, and do not require
a permit, provided they meet all other requirements of this article:
(1)
Protective
signs that have as their purpose the protection of life and property.
(2)
Signs
or markers giving information about the location of underground electric
transmission lines, telegraph or telephone properties and facilities,
pipelines, public sewers or water lines or other public utilities.
(3)
Signs
erected by an agency of the state or a political subdivision of the
state.
(4)
The
display of legal notices or informational, directional or traffic
signs which are legally required or necessary to the essential functions
of government agencies (state, federal, and city).
(5)
The
display of a national, state, local, religious, institutional, educational,
or corporate logo flag or emblem, subject to the following conditions:
(A)
No premises in the city shall have more than three (3) permanent
flag poles.
(B)
No flag pole shall exceed twenty-five (25) feet in residential zoning
districts or thirty-five (35) feet in nonresidential zoning districts,
except that flag poles on U.S. 380 and SH 114/101 shall not exceed
fifty (50) feet in height.
(C)
No more than one (1) flag per premises shall display any commercial
message. Said commercial message shall be limited to the corporate
logo of the business located on the premises.
(6)
Signs
with street names and/or street numbers.
(7)
Memorial
signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other noncombustible
material.
(8)
Temporary
or portable decorative displays for holidays, public demonstrations,
civic, school or religious events, or community service announcements
which do not contain advertising. All such signs shall not be erected
more than thirty (30) calendar days prior to the date of the event
being advertised. All such signs must be removed within three (3)
business days following the termination of the event being advertised.
(9)
Signs
which state the name of the company which constructed a fence, not
to exceed one square foot in size.
(10)
Real estate signs.
(11)
Window signs.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.620)
(a)
Notwithstanding
any other provision of this article, any sign that may display a commercial
message may also display a noncommercial message, either in place
of or in addition to the commercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(b)
Notwithstanding
any other provisions of this article or other ordinance, any sign
that may display one type of noncommercial message may also display
any other type of noncommercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.621)
Air navigation facilities such as directional beacons are allowed
and a permit is required.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.622)
(a)
A
sign lawfully existing or under construction on the effective date
of the ordinance adopted in this article which does not conform to
one or more of the provisions of this article may be continued in
operation and maintained as a legal nonconforming sign. A nonconforming
sign shall be allowed to remain until such time as:
(1)
The sign is abandoned;
(2)
The property owner or tenant changes or alters the sign in any manner
other than by normal maintenance to the configuration existing at
the time of enactment of this article; or
(3)
It is determined by the building inspector or his designee that the
sign is a threat to health, safety, or welfare of the citizens and/or
a public nuisance.
(b)
A
nonconforming sign which has been blown down or otherwise destroyed
by wind, fire or damages from any other source may be repaired, if
the sign is not abandoned, provided that the cost of repairing the
sign is sixty (60) percent of the cost of erecting a new sign of the
same type at the same location, or less. If the cost of repairing
the sign is more than 60 percent of the cost of erecting a new sign
of the same type at the same location, the sign may not be altered,
reconstructed, repaired or replaced, and the owner shall remove the
sign or bring it into compliance with this article.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.623)
A sign erected without a permit, either prior to or after the
adoption of the ordinance codified in this article, is an illegal
sign if a permit was required for its erection at the time the sign
was erected. A person commits an offense if the person maintains an
illegal sign.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.624)
(a)
Deteriorated signs declared nuisance.
Pursuant to Texas
Health and Safety Code, chapter 342, as amended, a sign that is visible
from a public place and that is dilapidated, deteriorated, unsafe,
abandoned, or is a hazard to the health or safety of the public is
declared a public nuisance.
(b)
Maintaining abandoned or deteriorated sign.
A person
commits an offense if the person maintains an abandoned sign or a
sign in dilapidated or deteriorated condition on property he owns
or controls.
(c)
Abandoned signs declared nuisance.
Pursuant to Texas
Health and Safety Code, chapter 342, as amended, a sign that is abandoned
and is visible from a public place is declared a public nuisance.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.625)
(a)
If
the building inspector determines that any sign is dilapidated, deteriorated,
unsafe, insecure, or is a hazard to the public, he shall give written
notice to the property owner, lessee, or sign erector to repair, replace
or remove such sign. If the property owner, lessee, or sign erector
fails to remove or repair the sign within ten days after such notice,
the building inspector shall remove the sign at the expense of the
owner of the property upon which the sign is located. The building
inspector shall cause any sign which is an immediate hazard to persons
to be removed without notice, and the cost of same shall be paid by
the property owner.
(b)
Any
sign which is removed by the building inspector pursuant to this section
shall be impounded and stored. Records of where such signs are located
and when removed shall be kept. The building inspector shall send
a letter to the owner of such sign, if known, or, if not known, to
the owner or person in control of the premises where such sign was
located, giving notice of such impoundment.
(c)
The
building inspector shall hold the sign in storage for at least thirty
days after notice of impoundment has been mailed. Any sign may be
redeemed by the owner upon payment of the costs of removal of and
hauling the sign to storage, as determined by the building inspector,
plus a per-day storage fee. Such fees shall be established by the
city council.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.626)
(a)
The city assesses the expenses incurred pursuant to section 3.06.031 of this article against the real estate on which the nuisance is abated, and charges the owner of the property for the same.
(b)
The
city shall send the owner of the property upon which the work was
done a notice. The notice shall include:
(1)
An identification of the property;
(2)
A description of the violation;
(3)
A statement that the city abated the condition;
(4)
A statement of the city’s charges and expenses in abating the
condition;
(5)
An explanation of the property owner’s right to request a hearing
within ten days; and
(6)
A statement that, in the event the owner fails or refuses to pay
the expense within thirty days after the first day of the month following
the one in which the work was done, the mayor or his/her designee
shall obtain a lien against the property by filing with the county
clerk of the appropriate county a statement of the expenses so incurred.
(c)
The
lien is security for the expenditures made and interest accruing at
the rate of ten percent per year from the date of payment by the city.
(d)
The
city council will conduct a hearing if the property owner submits
a written request within 10 days of the date of the notice. The council
may find, if a preponderance of the evidence presented so shows, that
the charges are erroneous and may adjust the charges.
(e)
When
the statement is filed, the city shall have a privileged lien on that
property, second only to tax liens and liens for street improvements.
(f)
For
any such expenditures and interest, suit may be instituted and recovery
and foreclosure had by the city. The statement of expenses, or a certified
copy thereof, is prima facie proof of the expenses incurred by the
city in doing the work or making the improvements, all as more particularly
specified in Texas Health and Safety Code annotated, section 342.007,
as amended, which is adopted and incorporated in this article by reference.
(Ordinance 10-10 adopted 3/2/10; 2001 Code, sec. 3.627)
