[1]
Editor's note–Article 14.1200 (article 12.00), deriving from Ordinance 2006-04-13, was repealed and replaced by Ordinance 2009-08-20, sec. 1, adopted 8/10/09.
(a) 
Purpose.
The intent of this section shall be to define the types of signs which will be permitted in the various zoning districts and those which will be prohibited, the manner in which sign areas and dimensions will be measured, and exempting certain types of signs from this Ordinance. It is further the intent of this section to encourage the erection of signs which are attractive and compatible with the adjacent property, which will preserve and enhance property values within the community, which will provide for the public convenience, health, and welfare, and which will protect the public safety.
(b) 
Applicability and Effect.
A sign may be erected, placed, established, painted, created or maintained in the jurisdiction only in conformance with the standards, procedures, exemptions and other requirements of this ordinance. These regulations apply to both commercial and noncommercial messages.
(c) 
Jurisdiction.
These regulations shall be applied to all areas within the corporate limits of the City of Lancaster and its Extraterritorial Jurisdiction (ETJ). However, in the ETJ, on-premise signs shall be exempt.
(d) 
Exempted Signs.
The following signs shall be exempt from the requirements of this article with the exception of setback from property lines.
1. 
Flags or emblems of government or of a political, philanthropic, or educational organization displayed on private property; for the purpose of this Section, emblems shall mean signage of not more than nine (9) square feet in area.
2. 
Signs of a duly constituted governmental body, including traffic or similar regulatory services, legal notices, warnings at railroad crossings, and other institutional or regulatory signs having to do with health, hazards, parking, swimming, dumping and of a similar nature.
3. 
Scoreboards, municipal golf course tee signs, sports field fencing, and park signs.
4. 
Independent school district or private school athletic facilities, temporary banners and special event signs.
5. 
Merchandise and pictures or models of products or services incorporated on the inside of the building/lease space on the window.
6. 
Holiday decorations, clearly incidental and customary, and commonly associated with any national, local, or religious holiday, provided that such signs not be displayed more than thirty (30) days prior to holiday; and removed within ten (10) days after said holiday. Number, height, location, illumination, or animation, and may not refer to any business, product or service. (Last sentence needs clarification. [sic])
7. 
Permanent signs designating historic tours, permanent Town Square directional signage showing Town Square location, and permanent signs showing Country View Golf Course, Chamber of Commerce, municipal parks, and municipal office locations.
8. 
All City and State directional and traffic-control signs.
9. 
One temporary sign not exceeding twelve (12) square feet in area which advertises the sale, rental or lease of the premises on which such sign is located.
10. 
The changing of messages or copy of signs designed and intended to be changed on a regular basis provided the sign is not altered. Examples of these type signs are theater marquees, menus, fuel prices, directories, and the like.
11. 
Signs which display date, time and temperature exempted must not exceed six (6) square feet in addition to the allowed business signage.
12. 
Signs which display help wanted, and do not exceed six (6) square feet. However, the number of signs, square foot and location to meet the regulations set forth in this ordinance.
13. 
Signs of 2.5 square feet or less on private property which include warnings and notices such as "do not enter," "beware of dog" and "alarm system."
14. 
On-site directional signs necessary for the movement and circulation of traffic which are three (3) square feet or less in size.
15. 
Window signs.
16. 
Garage sale signs erected on private property.
17. 
Political signs regulated under State Law.
18. 
Temporary construction signs designating the architect, engineer or contractor and other facts relating to the structure under construction and permitted only as accessory to an approved building permit project. Maximum permitted size shall be 100 square feet, maximum permitted height shall be 10 feet. Signs may be erected and maintained for a period not to exceed 60 days prior to the commencement of construction and removed before issuance of a Certificate of Occupancy.
19. 
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 materials.
(Ordinance 2009-08-20, sec. 1 (14.1201), adopted 8/10/09)
Off-Premises Billboards and off-premises pole signs are prohibited in the City of Lancaster and its Extraterritorial Jurisdiction (ETJ).
(1) 
Amenity Signs.
Signs which are temporary and utilized by multi-family complexes to advertise special features offered within the particular apartment complex.
(2) 
Temporary Portable Signs.
Trailer-mounted and portable read-a-board signs are strictly prohibited, and subject to the following:
A. 
Enforcement.
The owner or occupant of any property upon which there is located a temporary portable sign in violation of this Subsection or the owner or lessee of any temporary portable sign which is in violation of the Subsection as herein defined shall be given notice by the Building Official or his designee, stating the nature of the violation and ordering that the violation be corrected or removed from said property within forty-eight (48) hours.
B. 
Notice.
Notice shall be given by one of the following methods:
a. 
Written notice may be attached to the sign in violation of this subsection, or,
b. 
Verbal notification may be made by telephone or in person.
C. 
No Response.
1f the owner, lessor, lessee or person in control of the temporary portable sign fails to remove such sign within forty-eight (48) hours of the notification, the owner, lessor or lessee shall be issued a citation.
D. 
Entrance onto Property.
The Building Official or any duly authorized agent may enter upon private property which is accessible to the public for the purposes specified in this subsection.
(3) 
Obscene and Immoral Matter.
It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral behavior. As defined in the Black's Law Dictionary Ninth Edition.
(4) 
[Reserved]
(5) 
Painting or marking on streets, sidewalks or utility poles.
No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except address numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence or structure except as otherwise allowed by ordinance.
(6) 
Handbills and Placards.
No person, firm, corporation or association of persons, shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard or printed, pictured or written matter or thing for any purpose upon any fence, railing sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon.
(7) 
Flashing Signs.
Signs of any type with flashing, revolving or rotating lights shall not be permitted.
(Ordinance 2009-08-20, sec. 1 (14.1202), adopted 8/10/09)
(a) 
Illuminated Signs.
(1) 
Illuminated signs are permitted in nonresidential districts, provided that they shall not be erected within one hundred (100) feet of any residential district unless properly and adequately shielded so that light from such sign is not directed toward such residential district.
(2) 
In no case can a sign be placed closer than fifteen (15) feet from a residential property.
(3) 
No high-intensity lights shall be permitted as part of a sign display visible from an adjacent street.
(4) 
No sign shall be illuminated to intensity greater than two hundred (200) footcandles. The restrictions of luminance in this Subsection shall be determined from any other premise or from any public right-of-way other than an alley.
(5) 
An illuminated sign greater than 10 feet in height may not be located within one hundred (100) feet of a single-family lot. Illuminated signs shall be shielded so that light from such sign is not directed towards residential district.
(6) 
No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance.
(7) 
Illuminated signs are subject to the National Electric Code, and permit and fee requirements.
(8) 
No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance.
(b) 
Placement requirements:
(1) 
Obstruction of Sight.
No sign shall be located as to obstruct the vision or sight distance of vehicle operators or pedestrians at any intersection or street crossing. In order to maintain visual clearance and sight distance for vehicle operators and pedestrians:
(A) 
A Visibility Triangle shall be provided
(B) 
A sign in direct line of vision of any signal light, traffic-control sign, or any other such device from any point in a moving traffic lane must be at least fifty (50) feet from such device, unless the City Engineer or his designee approves the placement of such sign.
(2) 
Adjacency to Utilities.
(A) 
No sign shall be constructed nearer than three (3) feet from any public or private underground utilities. No pole sign shall be installed closer than ten (10) from any aerial power lines/cable or building service drops.
(B) 
No ground sign or accessories to such sign shall be located within ten (10) feet vertically and six (6) feet horizontally of electrical wires or conductors in free air carrying more than forty eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected.
(3) 
Signs Posted on Poles and Fences.
No sign shall be posted upon any tree, utility pole, fence post, or any style or type of fence. No detached sign shall be suspended over any building or structure.
(4) 
Signs on Public Property.
No pole signs shall be placed in the City Right-of-Way or public or private easements, nor may any portion of any sign be erected upon or over public property or public right-of-way, except as otherwise specifically permitted.
(5) 
It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location whereby, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination such sign may interfere with vehicular or pedestrian traffic. Further it shall be unlawful to erect or maintain any sign in such a manner as to interfere with or obstruct the view of any authorized traffic sign, signal or device. No sign shall make use of the words "Stop," "Go," "Look," "Slow," "Danger," or any other similar words, phrase, animation, symbol or character, that otherwise interfere with vehicular or pedestrian traffic. It shall be unlawful to have persons holding, carrying or advertising any business, function or event while in public right-of-way or on private property that is seen as a distraction to pedestrians or vehicular traffic.
(6) 
Signs obstructing doors, windows and fire escapes are prohibited. It shall be unlawful to erect, relocate or maintain a sign which prevents free ingress to or egress from any door, window or fire escape.
(7) 
Illuminated Signs.
No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance.
(c) 
Directional Signs.
Directional signs shall be allowed in all districts subject to the following:
(1) 
Directional signs shall be limited to four (4) square feet, with one (1) sign per street entrance allowed.
(2) 
Identification of services is permitted on such a sign, such as "emergency services entrance." Such signs are limited to two (2) square feet or less in area for non-institutional uses, with no limit on the number of signs permitted for such uses [and] may be erected on-site to direct flow of traffic within a parking lot or parcel i.e. entrance, exit. For non-institutional uses, identification of services is not permitted on such sign.
(d) 
Temporary Signs.
Temporary signs shall not be permitted except as otherwise provided in this article.
(e) 
Cloth, Paper, Banner, Pennant and Flag Signs.
(1) 
No cloth, paper, banner, pennant and flag device, or other similar advertising matter shall be permitted to be attached, suspended from or allowed to hang loose from any sign, building, or structure, except as allowed by other provisions of this Section. Such advertising matter shall be a violation of this Section and shall be removed immediately upon notice by the Building Official.
(2) 
No person shall place on, or suspend from any building, fence, pole, structure, sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise, or other advertising object or structure for the purpose of advertising such items, except as otherwise permitted.
(f) 
Vehicular Signs.
1. 
It shall be unlawful to attach any sign to a trailer, skid or similar mobile structure, where the primary use of such structure 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 bona fide transportation activity.
2. 
Signs attached to or upon vehicles shall be prohibited where any such vehicle is allowed to remain parked in the same location or in the same vicinity for frequent or extended periods of time, where it is apparent to be one of using the vehicle and signs for the purposes of advertising an establishment, service or product. Vehicles operating under a City franchise shall be excluded from this provision.
3. 
Signs placed on or affixed to vehicles and/or trailers which are parked on public right-of-way, public property or private property, so as to be visible from a public right-of-way, where the apparent purpose is to advertise a product or direct people to a business or activity on the nearby property, are prohibited.
(g) 
Window Signage:
A sign attached to, placed upon or painted on the interior of a window or door of a building, which is intended for viewing from the exterior of such building, and does cover more than 50% of the window area. The 50% visibility shall be maintained for the total window area on the facade of this premises and any side facing a street or sidewalk. Existing window signs currently in existence at time of passage of this sign ordinance must be brought into compliance from date of passage of this ordinance.
(h) 
Roof signs that extend beyond the edge of any structure or parapet wall.
(i) 
A-frame signs are not allowed.
(j) 
Off-Premise and other signs not expressly permitted in this ordinance or otherwise under law are prohibited.
(Ordinance 2009-08-20, sec. 1 (14.1203), adopted 8/10/09)
(a) 
Banner Signs.
1. 
Banner signs are to be used as supplemental signs only. Permanent signs are required prior to issuance of a banner permit, except that new occupants may place a banner sign for a maximum of 60 days while waiting on a permanent sign to be manufactured and installed.
2. 
Banner signs may only be displayed for a total of four, thirty (30) day periods per calendar year. There shall be a minimum of 30 days elapsed time period, between banner permit periods.
3. 
Banner signs shall have a certificate of flame spread resistance when placed over combustible materials.
4. 
Banner signs shall not impede doors, windows, exits or pedestrian traffic on public or private walkways.
5. 
Banners shall be maintained in good condition. Sagging, tattered, torn, dirty or faded banners are not permitted.
6. 
Banners shall only be supported by a building structure and not to trees, fence posts, fences or any other structure or device.
7. 
Maximum size banner shall be forty (40) square feet.
8. 
The total number of banner signs allowed is as follows:
a) 
One banner sign per business in multi-tenant buildings.
b) 
Two banner signs per freestanding building of one occupant
(b) 
Billboard Signs (interstate freeway).
1. 
Billboard off-premise signs are not allowed to be constructed within the City limits or Extraterritorial Jurisdiction.
2. 
All billboard signs require a sign permit whenever a copy change is made to any existing billboard sign.
(c) 
Development Signs.
1. 
A development on-site sign providing information about a future or current approved development on a site and the parties involved in the project.
2. 
Maximum size is 100 square feet per side.
3. 
Temporary off-site development sign promoting residential developments and housing are prohibited in public right-of-way except as otherwise allowed in this ordinance as a Kiosk sign.
4. 
Such on-site development signs may not exceed 100 square feet in sign area or more than 25 feet in height. Sign shall be placed 20 feet from adjacent property lines or right-of-way.
5. 
Development signs shall be removed upon completion of the sale of 90 percent of the homebuilder's lots or dwellings in the subdivision or the developer/builder shall post a $500.00 performance bond with the City insuring that their sign will be removed thirty (30) days after Building Inspection final inspection is conducted on the last dwelling unit.
(d) 
Changeable Electronic Variable Message Sign (CEVMS).
1. 
CEVMS signs are permitted in the same locations as signs, other than temporary signs, are permitted by this Ordinance, including the same height, size and setback requirements applicable thereto.
2. 
Message displayed shall not be changed more than once every five seconds while in use.
3. 
CEVMS signs shall not scroll, flash, blink or contain animation while sign is in use.
(e) 
Garage Sale Signs.
1. 
One sign announcing a garage sale may be displayed on the premises where the sale is permitted and being conducted.
2. 
Signs must be removed within four hours of completion of the sale.
3. 
Signs may be a maximum of five square feet and a maximum of 40 inches in height.
4. 
Signs shall not be placed in such a way as to create a traffic hazard. Signs may not be placed any closer than three (3) feet behind the curb or edge of street pavement.
5. 
Signs may not be mounted on or placed in vehicles.
(f) 
Inflatable Signs.
1. 
Inflatable signs must be set back a minimum of ten (10) feet from any property line.
2. 
Inflatable signs are allowed for three (3) ten (10) day periods per calendar year. Permit periods may not run consecutively.
3. 
Placement of inflatable signs in right-of-way is prohibited.
4. 
Signs and their anchors or attachments shall not be placed in such a way as to create a traffic hazard.
5. 
A minimum of thirty (30) days must elapse between expiration and issuance of a new permit.
6. 
The air- or gas-filled device must be anchored to a building, structure, device, object or the ground and used for advertising purposes on a temporary basis.
(g) 
Kiosk Signs.
1. 
Kiosk signs.
Kiosk signs will provide a uniform, coordinated method of providing homebuilders and developers a means of utilizing directional signs, while minimizing the negative impacts to the City of Lancaster and its residents. The following definitions apply:
(A) 
Kiosk Sign:
A sign that contains individual panels and that is generally used to provide direction to residential subdivisions form major thoroughfares or to provide direction to schools, amenities, information centers, community facilities and neighborhoods within a residential subdivision.
(B) 
Sign Panel:
An individual sign placard displaying directional information on a kiosk sign.
2. 
Approval.
All Kiosk signs and individual panels must have approval by the City of Lancaster. Fees for kiosk signs shall be set forth in the license agreement.
3. 
Placement.
Kiosk signs shall not distract traffic or create a traffic hazard. The Engineering Division must approve the placement of all kiosk signs prior to installation.
4. 
Size.
Kiosk sign structures shall not exceed twelve (12) feet in height and four (4) feet in width.
5. 
Design.
Kiosk sign structures shall be ladder type with individual sign panels of uniform design. The color of all kiosk sign structures and panel background color will be approved by the city.
6. 
Service Contract.
The City Council may, by a duly executed service contract, grant to a qualified person or company the right to design, erect and maintain directional kiosk signs within the city. All kiosk signs are to comply with the standards set forth in this section and City Code. The contractor shall provide, at no cost to the city, municipal directional kiosk sign panels, which will comprise up to twenty percent (20%) of all sign panels permitted, for uses of public purpose directional signage to municipal sites, as designated by the city.
7. 
Unauthorized Signs.
Illegally placed or non-permitted signs placed in city right-of-way may be removed by the City upon discovery.
(h) 
Monument Signs.
Monument signs are a freestanding sign and will be divided into three specific users groups according to a particular property use and location. The three specific user groups as follows:
1. 
Interstate Highway Use:
any business fronting any interstate shall have the option of one freestanding sign. If a monument sign is proposed to be constructed for the one allowed freestanding sign that sign would be allowed a maximum sign area of one (100) hundred square feet and a maximum sign structure height of fifteen (15) feet from grade level, and placed a minimum of five (5) feet from any adjacent property line.
2. 
Multi-tenant Use:
any business where there are multiple tenants in individual lease spaces contained in one building structure under one roof, said business is allowed one freestanding sign. If a monument sign is proposed to be constructed for the one allowed freestanding sign that sign would be allowed a maximum sign area of seventy (75) [sic] square feet and a maximum sign structure height of ten (10) feet from grade level, and placed a minimum of ten (10) feet from any adjacent property line.
3. 
One Tenant Building Use:
for a one tenant building occupancy, containing one business occupant, one freestanding sign may be installed. If a monument sign is proposed to be constructed for the one allowed freestanding sign that sign would be allowed a maximum sign area of fifty (50) square feet in sign area and a maximum sign structure height of ten (10) feet from grade level, and placed a minimum of ten (10) feet behind adjacent property lines.
(i) 
Pole Signs.
1. 
Pole signs which are illuminated internally must be constructed of materials that are noncombustible or slow burning in the case of plastic inserts and faces.
2. 
Pole signs must be supported by noncombustible materials only. Wood or non-painted steel supports, except Corten pipe or similar steel, are specifically prohibited.
3. 
Pole signs shall not have any attached guys or braces.
4. 
Freestanding pole signs require a Texas engineer's seal and footing design and must meet wind and structural load resistance minimum standards according to adopted building code for this area.
(j) 
Pole Sign Placement.
1. 
Pole signs are expressly prohibited on any property not adjacent to and fronting interstate highways. Said signs shall not be placed in City rights-of-way or in private easements.
2. 
Maximum Height, thirty (30) feet from ground level for a pole sign to top of sign structure.
3. 
Maximum Areas, two hundred twenty-five (225) square feet.
4. 
Allowed Location of pole signs are limited to those properties fronting an Interstate highway. Pole signs are limited to on-site advertisement only unless approved by a Specific Use Permit.
5. 
Maximum Number allowed is one per 600 feet of property frontage or a fraction thereof along the freeway corridor.
6. 
Pole signs must be a total of sixty (60) feet away from any other sign.
7. 
Maximum sign face of a pole sign shall not exceed fifteen (15) feet in any direction from outer edge to outer edge.
(k) 
Political Signs; Electioneering at Polling Locations.
(1) 
Political signs are strictly prohibited from any and all public property and rights-of-way within the city, except as provided in subsection (2). Political signs may not be illuminated or have moving elements.
(2) 
Electioneering at Polling Locations
1. 
Definitions.
The following words and phrases as used in this article shall have the meanings as set forth in this section:
Electioneering
shall mean the posting, use, or distribution of political signs or literature, including the use of tents, chairs, booths, tables or other furniture or devices to post, use or distribute political signs or literature.
Voting period
shall mean the period each day during the early voting period and Election Day for any federal, state, county, school district, or municipal authorized election held under law.
2. 
Regulations and Exceptions.
(a) 
The following regulations apply to electioneering on the premises of public property during the voting period.
(i) 
It is an offense for any person to leave any electioneering sign or literature on public property that is used as a polling place other than during the voting period as defined herein.
(ii) 
It is an offense for any person to engage in electioneering on driveways, parking areas, on medians within parking areas, or driveways on the premises of a polling location unless otherwise designed by the local election official. This restriction shall not apply to electioneering signs that are attached to vehicles that are lawfully parked at the premises of a polling location.
(iii) 
It is an offense for any person to attached [attach], place or otherwise affix any electioneering sign, literature or material to any building, tree, shrub, pole or other improvement on public property used as a polling location.
(iv) 
It is an offense for any person to place any electioneering sign or literature within twenty-five (25) feet of the public roadway adjacent to the public property where a polling location is located.
(v) 
It is an offense for any person to place an electioneering sign on the premises that exceeds thirty-six (36) square feet and is more than eight (8) feet in height, including any supporting poles.
(vi) 
It is an offense for any person to place an electioneering sign within the twenty-five (25) foot Visibility Triangle of any intersection.
(vii) 
In addition to imposing any criminal penalty, electioneering sign(s) locating in violation of this section may be removed and disposed of by the entity in control of the public property.
(viii) 
The authority to conduct electioneering on public property under this Article is limited to the property on the premises where the voting is conducted and only for the voting period.
(l) 
Projecting Signs.
1. 
One projecting sign is allowed per building provided it does not extend over public property and meets the following restrictions:
(A) 
No part of any projecting sign shall be less than nine (9) feet above the sidewalk immediately below or extend out where a sign is placed at the corner of a building so as to be seen from both streets meeting at the corner.
(B) 
The sign shall measure a maximum length of seven (7) feet from face of the building to the outer edge of the sign.
(C) 
The height of the sign shall not exceed the height of the building to which it is attached.
(m) 
Real Estate Signs.
1. 
Except for property described in the following paragraph, signs advertising the sale or rental of property shall be a maximum size of 32 square feet in area. One such sign is permitted on the site of the property being advertised for sale or rent and shall be removed by the agent or owner within three (3) days of the completion of the sale or rental of the premises.
2. 
Interstate frontage or five-acre sites. Temporary signs advertising the sale of property fronting on interstate highways or property consisting of five or more acres may be a maximum size of 200 square feet. One such sign shall be removed by the sale or rental of the property being advertised for sale and shall be removed by the agent or owner within three (3) days of the completion of the sale or rental of the premises. Signs allowed under this subsection shall be the owner's right rather than a sales agent. Authorization by the owner to an agent to erect a sign shall be in writing and be dated and signed by the owner[.]
(n) 
Wall Signs.
1. 
Wall signs shall be no larger than 40 square feet or the product of two times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater.
2. 
Signs shall not have a vertical height which exceeds one-third the height of the wall, with a maximum height of 10 feet, nor exceed 75 percent of the width of such building or store frontage.
3. 
Sign shall not extend above the wall to which it is attached, and placement is limited to the exterior wall of the tenant space served.
4. 
Wall signs shall be constructed of noncombustible materials.
(Ordinance 2009-08-20, sec. 1 (14.1204), adopted 8/10/09; Ordinance 2014-01-01 adopted 1/27/14; Ordinance 2014-02-02 adopted 2/10/14)
Religious, civic, and philanthropic institutions and organizations located within the city limits of Lancaster are permitted to place identification signs, welcome signs and promotional signs, subject to the following regulations:
A. 
Permit Required.
A sign permit shall be required. If the institution and property owner are different, then a signed agreement between property owner and institution shall be furnished to Building Official.
B. 
Size.
The maximum area of any such sign representing a single institution is thirty-two (32) square feet. The maximum height of any such sign is nine (9) feet.
C. 
Number of Signs.
The maximum number of signs promoting any one single institution or organization shall not exceed four (4).
D. 
Location.
1. 
Signs must be located totally on private property, not on city right-of-way.
2. 
No such sign shall be located within twenty-five (25) feet of a residential lot.
3. 
No such sign shall be located within one hundred (100) feet of a similar such sign.
4. 
No signs shall be placed within fifty (50) feet of street or alley intersections.
(Ordinance 2009-08-20, sec. 1 (14.1205), adopted 8/10/09)
Certain business establishments are recognized to have certain unique requirements that necessitate additional building signage. Such businesses are described as follows:
(a) 
Grand Opening Allowed Signage.
1. 
When a new freestanding building is constructed the tenant or occupant may be allowed to post temporary signage advertising the Grand Opening of the business for one (1) week after a certificate of occupancy is approved. The use of pennants, [or] temporary signage along right-of-way that does not interfere with traffic visibility and banners in excess of the number allowed would be allowed for a one-week period to promote the new business opening.
(b) 
Historic District.
(1) 
Historic Landmark District A.
Signs located within the Historic Landmark District A as defined in Chapter 10, Article 10.800, Section 10.803 [sic] of the Lancaster Code of Ordinances, shall be subject to the following special regulations in addition to the review as required in this Article:
A. 
Attached signage on buildings that fronts or faces the Historic Town Square, shall not be internally illuminated.
B. 
Attached signage on buildings shall not exceed twenty (20) square feet in gross surface area. Such signs shall be mounted parallel and flush to the surface of the building.
C. 
Signs shall be of earth tones. (Shown in Sherwin William's Historic Color Chart.)
(2) 
Town Square Regulations.
Any person, firm, corporation, or association erecting a sign on Town Square public or private canopy shall comply with the following regulations pertaining to sign style, size, materials, media and placement:
A. 
Sign Size.
The maximum height of the sign shall be fourteen (14) inches; the thickness of the sign shall not exceed two (2) inches; the width of the sign shall not exceed one-half (1/2) the width of span between support columns, less nine and one-half (9-1/2) inches. Where no support columns exist, the maximum width of a single sign shall not exceed seven (7) feet, nor shall the maximum width of two signs placed together on a canopy exceed the width of the canopy, less twelve (12) inches.
B. 
Sign Materials.
The prescribed material to be used in construction of canopy signage may be cedar, redwood, cypress or other wood materials that are naturally resistant to decay.
C. 
Sign Media.
The application of a message on a sign may be achieved by sand-blasting, by application of dimension (raised or recessed) characters, or by hand lettering (vinyl cutout letters are strictly prohibited). Color selections for sign letters, border, and background shall be made by owners/tenants. Day-Glow, neon and similar colors are strictly prohibited. Illuminated signs are not permitted in the Town Square.
D. 
Sign Placement, Public Canopy:
1. 
The top edge of the sign shall be six (6) inches below the top edge and flush with the front edge of the canopy front horizontal beam.
2. 
The side edge of the sign shall be eight (8) inches from the leading edge of the support column. The sign shall be located between the support columns to the side nearest building and business entrance.
3. 
The sign shall be affixed to the canopy mounting hardware in accordance with the detail set forth in the "Canopy Signs/Attachment Specification," adopted herein by reference.
4. 
In no event shall the affixing of a sign to the public canopy provide a vertical clearance between grade level and the bottom of the sign of less than seven (7) feet five (5) inches.
E. 
Sign Placement, Private Canopy:
1. 
The top edge of the sign shall be six (6) inches below the top and flush with the front edge of the canopy.
2. 
No more than two (2) signs may be placed on any single canopy. Each sign must be suspended directly from the canopy.
3. 
In no event shall the affixing of a sign to the canopy provide a vertical clearance between grade level and the bottom of the sign of less that [less than] seven (7) feet, five (5) inches.
(Ordinance 2009-08-20, sec. 1 (14.1206), adopted 8/10/09)
All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be maintained in a proper state of preservation. No sign will be allowed to be kept in a dilapidated or deteriorated condition. Signs with broken or missing faces shall be repaired or replaced within ten (10) days of notice by the Building Official.
Freestanding sign panels advertising a business that has vacated the premises must must be replaced with the new business or a blank panel within 30 days of vacancy.
(Ordinance 2009-08-20, sec. 1 (14.1207), adopted 8/10/09)
Any sign which no longer serves a bona fide use conforming to this code, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such signs are located. Removal shall occur within ten (10) days after written notification to do so from the Building Official. Upon failure to comply with such notice, the Building Official is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon where it is erected.
(Ordinance 2009-08-20, sec. 1 (14.1208), adopted 8/10/09)
Any sign that is unsafe or unsecure, or is a menace to the public, the Building Official shall give written notice to the person or persons responsible for such sign. If the permittee, owner, agent or person having the beneficial use of the premises fails to remove or repair the sign within ten (10) days after such notice, such sign may be removed by the Building Official at the expense of the permittee or owner of the property upon which it is located. The Building Official may cause any sign that is an immediate hazard to persons to be removed summarily and without notice.
(Ordinance 2009-08-20, sec. 1 (14.1209), adopted 8/10/09)
(a) 
Illegal Signs.
An illegal sign is a sign that meets any of the following criteria:
(1) 
A sign erected without first obtaining a permit and complying with all regulations in effect at the time of it construction or use;
(2) 
A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises for a period of at least thirty (30) days;
(3) 
A nonconforming sign for which the amortization period has expired;
(4) 
A sign that was legally erected but which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;
(5) 
A sign that is a danger to the public or is unsafe; or
(6) 
A sign that pertains to a specific event that has not been removed within five days after the occurrence of the event.
(b) 
Retention of Nonconforming Signs.
Nonconforming signs, except as otherwise provided by this ordinance, may be continued subject to the following limitations:
(1) 
The owner of a nonconforming sign, upon receipt of a notice of nonconformity, may register the sign with the City as an existing, nonconforming sign for continued use by the original business.
(2) 
Registered, nonconforming signs may be maintained and repaired with like materials, provided that there is no extension, enlargement, change in location, or structural modification to any nonconforming aspects of the sign.
(3) 
When a nonconforming sign is demolished or damaged to the extent that the cost of repairing the sign is more than 50 percent of the cost of erecting a new sign of the same type at the same location, such sign shall be eliminated or made to conform to the current sign regulations.
(c) 
Removal of Nonconforming Signs.
Nonconforming signs shall be eliminated or made to conform to the current sign regulations within fifteen (15) days of the receipt of a notice of nonconformity. Signs subject to this Section are those whose characteristics constitute a public safety hazard, and include, but are not limited to:
(1) 
Signs that violate the sight triangle provision.
(2) 
Signs using the words "stop," "slow," "caution," "danger" or any other word, phrase, symbol or character in such a manner as is reasonably likely to be confused with traffic, directional and regulatory signs.
(3) 
Signs erected so that by their location, color, nature or message are likely to be confused with or obstruct the view of traffic signals or signs, or are likely to be confused with the warning lights of an emergency or public safety vehicle.
(4) 
Strings of lights not permanently mounted to a rigid background, except those exempt under Section 12.01(d) Exempted Signs.
(5) 
Signs affixed to trees or utility poles.
(d) 
Removal of Illegal and Dangerous Signs.
Except as otherwise provide by this ordinance or by law, the Building Official shall cause the removal of:
(1) 
Any sign constructed, erected or placed in violation of the provisions of this or prior ordinances;
(2) 
Any sign expressly prohibited by Section 12.02, Prohibited Signs;
(3) 
Any sign that represents a clear and present danger to the health or safety of the public due to its structural condition.
(e) 
Other Signs Forfeited.
Any sign installed or placed on public property, except in conformance with the requirements of this Section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
(Ordinance 2009-08-20, sec. 1 (14.1210), adopted 8/10/09)
(a) 
Principles of Sign Computations.
The following principles shall control the computation of sign area and sign height.
(1) 
Computation of Area of Individual Signs.
A. 
The area of a sign shall be computed as the entire advertising area of the sign, including any framing or trim, contained within the respective sign cabinet. For the purposes of this computation the sign cabinet shall be defined as the structure or border used to differentiate a sign face from the structure against which a sign face is placed.
B. 
Where a sign consists of individual letters, words or symbols attached to a building, canopy, awning or wall and all such elements are located in the same plane, the sign area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the natural color of the wall.
C. 
The permitted area for all monument signs shall not include the sign base or sign structure. In no case shall the overall sign structure, including the base, exceed the maximum allowed height nor the maximum allowed sign area. In no case shall the sign face of a monument sign exceed 50% of the overall sign structure.
Sign Area
Land--Image-15.tif
(2) 
Computation of Area of Multi-faced Signs.
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are substantially similar, and when such sign faces are part of the same sign structure the sign area shall be computed by the measurement of one of the faces.
(3) 
Computation of Height.
The height of a sign shall be computed as the mean distance from the base(s) of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(4) 
Computation of Sign Setback.
The spacing between a sign and a lot line or two signs. The distance is measured horizontally from a vertical plane at the outer extremity of each sign.
(5) 
Computation of Maximum Number of Signs.
Pursuant to this Article, each lot is allocated the maximum number of signs allowed per District. Where indicated, additional signs beyond the identified allowance shall be determined by the lineal frontage of the lot.
(b) 
Sign Permits, Applications and Inspections.
(1) 
Sign Permit Required.
It shall be unlawful for any person to paint on any wall or surface, or construct, erect, alter, enlarge or repair any sign within the city limits of the City of Lancaster without first obtaining a permit from the Building Official and paying the fee as listed elsewhere in the City Code. The Building Official shall have the authority to double the permit cost if a sign is painted, constructed, erected, altered or repaired without first obtaining permit approval prior to installing the sign.
(2) 
Applications.
A. 
Application for permits shall be made upon forms provided by the Building Official, and shall contain or have attached thereto the following information:
1. 
Name, address and telephone number of the applicant
2. 
Location of building, structure, or lot to which or upon the sign or other advertising structure is to be attached or erected.
3. 
Two (2) sets of plans to scale shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences, and sidewalks, and two (2) sets of plans and specifications showing method of construction and attachment to the building or ground, size, type, height, construction materials, and such other information as the Building Official may require. The plans shall be 1/8" to 1' (foot). Signs over ten feet (10) in height shall be engineered design.
4. 
Name and address of person, firm, corporation, or association erecting structure.
5. 
Electrical permit shall be required for an illuminated sign.
6. 
Zoning classification carried by the property.
7. 
Such other information as the Building Official may require in order to show full compliance with this and all other laws and ordinances of the city and state.
8. 
The Building Official may require plans to be prepared by a registered professional engineer. Original signature of engineer required. Engineer shall be certified by the State of Texas.
B. 
Review and Inspection.
1. 
Review.
It shall be the duty of the Building Official upon the filing of an application for a sign permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this Section, the building code, and all other laws and ordinances of the City of Lancaster, he shall then issue the sign permit. In addition, applications for sign permits within the Historic Landmark Preservation District shall be reviewed by the Historic Landmark Preservation Committee and a Certificate of Appropriateness shall be issued by the Planning and Zoning Commission prior to issuance of permits. If the work authorized under a sign permit bas not been completed within ninety (90) days after issuance, the said permit shall become null and void.
2. 
Inspection.
The Building Official shall be notified by the permittee when erection of the sign is complete and be shall make an inspection to determine if the sign conforms to city ordinances and codes. The Building Official shall inspect annually, or at such other times as be deems necessary, each sign regulated by this Section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of repair or removal.
(3) 
Sign Control Board Approval.
Signs or signs with moving parts shall be approved by the Sign Control Board.
(c) 
Building and Fire Codes.
(1) 
Codes.
Signs shall meet all adopted building codes and fire codes.
(2) 
Structural Design.
All freestanding signs shall be designed by a structural engineer in the State of Texas and constructed to withstand the wind load per square foot and shall be constructed to receive a dead load as required in the adopted building code of the City of Lancaster.
(d) 
Sign Contractor's Registration Required.
A sign contractor's registration must be obtained prior to engaging in such business within the City of Lancaster.
(1) 
Requirement for Registration.
No person, firm or corporation shall install, erect or maintain any sign, or contract for such service, until such person, firm or corporation has applied to the Building Inspection Department for a registration to install, erect and maintain signs, and until such registration has been approved and issued.
(2) 
Registration Fees.
The fee for such registration shall be established by City Council.
(3) 
Registration Board.
No registration for the installation, erection and maintenance of signs shall be issued to any person, firm or corporation until such person, firm or corporation has filed with the Building Inspection Department a liability insurance certificate in an amount established by the Building Official. Such certificate shall meet the requirements of the City of Lancaster and the laws of the State of Texas, and shall provide for the indemnification of the City of Lancaster, for any and all damages or liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal or defects in, or collapse of, any sign for a period of one (1) year. Such liability insurance shall further provide for the indemnification of any persons, firm or corporation who shall, while upon public property or in any public place, incur damage for which principal named in the insurance policy is legally liable.
(4) 
Cancellation of Registration.
The registration of any sign contractor may be canceled by the City manager upon the recommendation of the Building Official, when such contractor persistently violates the requirements of this code. Conviction in Municipal Court, whether appealed or not, on three (3) violations over a period of two (2) calendar years shall constitute evidence of persistent violation. Any registration thus canceled shall not be renewed for such contractor or anyone operating his shop until such violations have been corrected. Upon correction of the violations, the contractor's registration may be renewed.
(Ordinance 2009-08-20, sec. 1 (14.1211), adopted 8/10/09)