The city, at the request of its citizens to promote the health
and safety of its citizens and to preserve the natural landscape of
the city, in keeping with the principles set forth in the city comprehensive
plan and in accordance with the Texas Local Government Code, chapters
51, 54, 211, 216 and 217, sets the following rules and regulations
regarding signs in the city and its extraterritorial jurisdiction.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
The
purpose of this article is to provide uniform sign standards and regulations
in order to insure public safety and to promote a positive city image
reflecting order, harmony and pride, and thereby strengthening the
economic stability of city business, cultural, historical and residential
areas. Objectives to be pursued in applying specific standards are
as follows:
(1)
Safety.
To promote the safety of persons and property
by providing that signs:
(A)
Do not create a hazard due to collapse, fire, 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 so as to identify individual
businesses and residential and public uses without creating confusion
or unsightliness.
(3)
Landscape quality and preservation.
To protect the appearance
and economic value of the landscape by providing that:
(A)
All signs in terms of size, scale, height, and location are properly
related to the overall adjacent land use, character and development
lot size;
(B)
All signs, sign supports and sign bases shall be so constructed and
designed to provide for design compatibility with surrounding land
use. The materials used, form, color, lighting and style should be
similar to the materials used in the surrounding land uses;
(C)
Signs do not interfere with scenic views;
(D)
Signs do not create a nuisance to persons using the public rights-of-way;
(E)
Signs do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, or height;
(F)
Signs are not detrimental to land or property values;
(G)
Signs contribute to the special character of the particular areas
or districts within the city, helping the observer to understand the
city and orient himself within it;
(H)
To assure that all signs in terms of size, height, and location are
properly related to the overall adjacent land use; and
(I)
To assure that off-premises advertising is compatible with adjacent
land uses.
(b)
No
person may construct, reconstruct, place, install, repair, maintain,
relocate, alter or use a sign after the effective date of this article
unless such installation, construction, reconstruction, placement,
repairs, maintenance, relocation, alteration or use meets all the
provisions of this and all other applicable ordinances adopted by
the city council of the city.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The provisions of this article shall apply within the city limits
and extraterritorial jurisdiction (ETJ) of the city as defined by
state law. For the purposes of these sign regulations, all signs erected
within the ETJ of the city shall be erected in accordance with the
standards imposed for property inside the city limits.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only and shall not be used in the interpretation of this
article.
A temporary sign used to identify a business name, telephone
number, hours of operation, and/or the business' website address.
An A-frame sign is made of two (2) pieces of wood, metal or other
similar material approved by the director of development services
connected at the top by hinges or similar device(s) and may collapse
when the connecting device(s) are overextended or the two (2) pieces
of wood, metal or other similar material are against one another.
Also, commonly referred as a sandwich board sign.
A sign that had a permit, but the permit has been expired for
thirty (30) or more consecutive days and/or does not identify or advertise
a bona fide business, lessor, service, owner, product, event, or activity,
or pertains to a time, event or purpose which no longer applies. Abandoned
signs are prohibited in the city and its extraterritorial jurisdiction.
A sign for which any of the following conditions apply:
Does not contain a message on the first anniversary of the date
the business, person, or activity that the sign or sign structure
identifies or advertises ceases to operate on the premises on which
the sign or sign structure is located.
If the premises containing the sign or sign structure is leased,
then if the sign does not contain a message on the second anniversary
after the date the most recent tenant ceases to operate on the premises.
The city may agree with the owner of the sign or sign structure
to remove only a portion of the sign or sign structure.
In terms relevant to signage and urban planning, it conveys
the “grace period” beginning on the date a sign owner
is notified that removal of a previously conforming sign has been
ordered, and ending on the date removal is required. This process
makes a sign structure, which was legally erected or placed pursuant
to permit, legally nonconforming for a period of time - the amortization
period. After the amortization period expires, the sign becomes illegally
nonconforming and must be removed.
A temporary stake sign made of wood, metal or other similar
material approved by the director of development services used to
convey information that relates to the operations of an apartment
community or complex.
The entire sign surface within a single contiguous perimeter,
excluding support structures. A sign structure with two (2) faces
back-to-back, oriented in opposite directions and separated by not
more than three (3) feet, with the same copy on both sides, shall
be counted as a single sign.
In cases where a sign is composed only of letters, figures,
or other characters the dimensions used to compute the area are the
smallest simple imaginary figure (circle, triangle, rectangle, or
other) which fully contains the sign content.
A temporary stake sign used to convey sport-related, city
based team registrations (i.e., softball, football, rugby, soccer,
swimming, golf, tennis, etc.) that publicizes dates, times or locations
of registrations. Athletic registration signs exclude information
pertaining to dates, times and/or locations of scheduled games or
award ceremonies.
Any sign that emits music, talking, words, or other sound
or amplification. Audible signs are prohibited in the city and its
extraterritorial jurisdiction.
A retractable or nonretractable projection, shelter or structure
of rigid or nonrigid canvas, metal, wood, or other similar material
approved by the director of development services that extends above
a window, door, patio, or deck as protection from the weather, used
as a decorative embellishment or used for identity, which may be illuminated.
An awning requires the issuance of a building permit prior to installation,
unless approved with the initial building permit.
A permanent sign that is directly applied, attached or painted
onto an awning that covers a pedestrian walkway, intended for protection
from the weather or as a decorative embellishment, projecting from
a wall or roof of a structure over a window, walk, door, or the like.
An awning sign is used to advertise the name of the business, logo,
hours of operation, business telephone number, business address, and/or
website address.
Awning sign attachments that covers a pedestrian walkway
are accessory, supplemental extensions that are attached above or
below an awning commonly used in conjunction with a wall sign. Awning
sign attachments provide the name of the business.
A visible airtight or air-flow through apparatus commonly
made of latex, mylar or other similar material that extends by a cord,
rope, string, wire or other similar material. No person shall erect,
maintain, or allow the installation of any floating device(s) anchored
to the ground, any vehicle, structure or any other fixed object for
the purpose of advertising or attracting attention to a business,
commodity, service, sale, or product, except as otherwise permitted
in this article. Balloons and all other floating device(s) are prohibited
in the city and its extraterritorial jurisdiction.
A temporary sign having characters, letters, or illustrations
applied to plastic, cloth, canvas, or other light fabric or similar
material, with the only purpose of such nonrigid material being for
background. A banner advertises the business' name, opening dates,
telephone number, hours of operation, and/or type of products offered
or sold. A banner does not include a municipal banner. Fabric or other
suitable material which is attached or suspended at 2 ends or continuously
across the long edge. Attachment or suspension may be from structures
and/or poles. A street banner is a banner suspended above a right-of-way.
A sign erected in the outdoor environment for the purpose
of the display of commercial or noncommercial messages not pertinent
to the use of products sold on, or the sale or lease of, the property
on which it is displayed. Billboards include any of its support, frame
or other appurtenances. Billboards are prohibited in the city and
its extraterritorial jurisdiction.
A covering on a bollard that includes advertising. Bollard
signs are prohibited in the city and its extraterritorial jurisdiction.
The building official or his/her designee or other city-authorized
agent appointed by the city manager.
A sign that is applied, attached, painted or affixed on a
canopy or other roof-like cover over gasoline fuel pumps, vacuum area
at car detail facilities, or other areas where services are provided
to a patron in a vehicle intended for protection from the weather
or as a decorative embellishment. A canopy sign may contain only the
business' name and/or logo on the canopy band.
A sign whose alphabetic, pictographic, or symbolic informational
content can be changed or altered on a fixed surface composed of electrically
illuminated or mechanically driven changeable segments. These electronic
activated changes are allowed in intervals and shall not have the
illusion of movement.
The city manager or his/her designee or other city-authorized
agent appointed by the city manager.
Any visible airtight or air-flow through, inflatable apparatus
that exceeds one (1) square foot in total area made of latex, mylar,
or other similar material that extends higher than ten (10) feet into
the sky by a cord, rope, string, wire, or other similar material.
A cloud buster balloon or air device is commonly used to attract passerby's/patrons
to a location having a promotion, sale, or other function. Cloud buster
balloons, blimps, and other air devices are prohibited in the city
and its extraterritorial jurisdiction.
An on-site, temporary sign made of wood, metal or similar
material approved by the director of development services that pertains
to the sale or lease of the property where the sign is located. A
CRES shall not be a V-shaped sign. A CRES advertises the name of a
building or property for sale or lease, property owner name, realtor
information, telephone number, zoning information, and other information,
so long as such information relates to the sale or lease of nonresidential
property.
A sign or part of a sign on which content can be changed
or rearranged without altering the face or surface of the sign, including
but not limited to a theater marquee or a gasoline price sign.
Any property such as a shopping center, office park or industrial
park, which consists of 2 or more establishments on a single platted
lot, or which is designed, developed and managed as a unit.
A sign which solicits support for or participation in a nonprofit,
non- political, community, public or social event or activity.
A developed property is a nonresidential property for which
a certificate of occupancy has been issued by the city to occupy a
building on the property or a residential property for which a certificate
of final acceptance has been issued by the city.
Any surface element, background, or support of any sign that
has finished materials that are missing, broken, bent, cracked, decayed,
dented, harmful, hazardous, illegible, leaning, splintered, ripped,
torn, twisted, or unsightly.
The city director of development services and/or his/her
designated representative.
Any sign with a fixed or changing display/message composed
of a series of lights that may be changed through electronic means.
Signs that contain alphabetic, pictographic or symbolic informational
content can be changed or altered on a fixed display screen composed
of electrically illuminated segments.
To build, construct, attach, hang, place, suspend, affix,
paint, display, apply, assemble or place in any manner, including
but not limited to, on the exterior of a building or structure.
A sign permit is not a requirement; however, compliance with
all other city ordinances and the comprehensive zoning ordinance,
as it currently exists or may be amended, is required.
A wind device that contains a harpoon-style pole or staff
driven into the ground for support. Feather flags are prohibited in
the city and its extraterritorial jurisdiction unless the feather
flag is located on a property with single-family or two-family zoning
for which a certificate of occupancy has been issued for the sole
purpose of expressing patriotism or for a celebration or seasonal
decoration. See also wind device.
A fabric sheet, which is attached at one end to a pole, cable
or rope.
Any sign not attached to or part of any building. Included
are monument signs and self-supported signs.
An off-site or on-site temporary sign that advertises or
conveys information relating to the date, time, location, directions,
operation, and/or name of a garage sale, neighborhood sale, estate
sale, yard sale or similar event.
A temporary stake sign used to advertise a garage sale, yard
sale, or estate sale at an occupied residential property that has
obtained a certificate of occupancy.
A temporary stake sign, banner or other apparatus, including
flags, used to convey health, safety and welfare information to the
public regarding city, county, state, or federal government requirements
and regulations such as water restrictions, burn bans, or other similar
information. Government awareness signs may include city hall meeting
information.
A temporary stake sign, banner, or other apparatus used to
convey information to the public regarding city-related activities
and events (i.e., National Night Out, July 4th Celebration, and the
like).
Pictures, words or slogans, images, or other artwork painted,
drawn, scratched or applied in any manner to exterior walls, fences,
structures, vehicles, stone, statues, buildings, or other items in
public view. Graffiti includes the illegal or unauthorized defacing
of a building, wall, or other edifice or object by painting, or otherwise,
marking it with words, pictures, or symbols, advertising, logos, relations
with a group, indecent/vulgar images or offensive language(s). Graffiti
is prohibited in the city and its extraterritorial jurisdiction.
A commemoration that promotes the opening of a new business
is a grand opening. A grand opening shall be within one hundred eighty
(180) days of the issuance of a certificate of occupancy from the
director of development services. Grand openings after one hundred
eighty (180) days after the issuance of a certificate of occupancy
requires approval from the director of development services. A grand
opening may only be located at the business that received a certificate
of occupancy from the director of development services. A grand opening
shall not exceed fourteen (14) consecutive days in length.
A grand opening balloon is a visible airtight, inflatable
apparatus with a maximum of one (1) square foot in total area in various
shapes and/or designs made of latex, mylar, or other similar material
approved by the director of development services. A grand opening
balloon is customarily a handheld device with a maximum ten (10) foot
in length cord, rope, string, wire or other similar material. Balloon
arrangements are grand opening balloons tied, twisted, or connected
in such a manner to design creative figures, shapes, crescents, and/or
other displays.
The distance from ground level to the top of the sign structure.
The ground level is the lower of: (1) the existing grade prior to
construction of the sign; or (2) the newly established grade after
construction, unless the curb elevation at the street in front of
the sign is higher than the established ground level, in which case
the height shall be measured from curb level.
A temporary stake sign used to convey residential subdivision
board meetings, announcements, or other subdivision-related events
to residents within the subdivision.
An on-site temporary stake sign that advertises the name,
phone number, website address, and/or type of construction being performed
on the property, such as a roof, fence, pool, paint, landscape, or
other home improvement contractor.
A sign held by or attached to a human being who stands or
walks on the ground, on site at a business location. A human sign
includes a person dressed in costume, both, for the purposes of advertising
or otherwise drawing attention to an individual, business, commodity,
service, activity, or product. Human signs are prohibited within the
city and its extraterritorial jurisdiction.
Any sign illuminated in any manner by an artificial light
source of any kind, either detached from the sign or a part thereof.
Signs that are only incidentally and indirectly illuminated as a result
of a lighting plan primarily designed as security lighting or landscape
lighting are not illuminated signs.
A temporary stake sign used to convey residential subdivision
board meetings, announcements, or other subdivision-related events
to residents within the subdivision.
An on-site temporary stake sign that advertises the name,
phone number, website address, and/or type of construction being performed
on the property, such as a roof, fence, pool, paint, landscape, or
other home improvement contractor.
A sign that is legally removed by a city-authorized official,
inspector, officer, other city employee(s) or city-authorized person(s)
in accordance with the provisions of this article.
A sign manufactured of plastic, cloth, canvas or other flexible
or light fabric, inflated with air, secured to the ground, does not
float, and does not exceed thirty (30) feet in height. An IDS only
advertises the opening dates, sale of items offered or sold, date
of sale, name of business, telephone number, and/or website information
of a business.
A sign that provides instruction, information, or direction
to the general public. The sole purpose of an instructional/informational
sign is to provide instruction, information, or direction to the general
public that is essential to the health, safety, and public welfare
of the community. An instructional/informational sign shall contain
no other message, corporate logo, copy, announcement, or decoration
other than the essential instruction, information or direction and
shall not advertise or otherwise draw attention to an individual,
business, commodity, service, activity, or product. Such signs shall
include, but are not limited to, a sign identifying a property address,
street address, restrooms, public telephones, handicap parking spaces,
reserved parking spaces, freeze warning, no trespassing, no dumping,
no loitering, no soliciting, beware of warning, water resource information,
neighborhood watch informational, lock/take and hide information,
construction entrance and/or exit signage. Instructional/informational
signs erected by the city, local, federal or state governments for
the purpose of public instruction, warnings or other similar hazards,
street or highway designation, traffic control and similar purposes
incidental to public interests shall be considered an instructional/informational
sign. An instructional/informational sign will include a sign of a
warning, directive or instruction erected by a public utility company
that operates under a franchise agreement with the city and/or signs
required by federal, state or other local authorities.
A sign placed in the public right-of-way, pursuant to a written
agreement with the city, that contains individual panels and, is generally
used to provide direction to residential single-family or two-family
subdivisions from major thoroughfares (“KPS-1”). A KPS1
sign may also provide direction to municipal facilities.
A sign placed in the public right-of-way, pursuant to a written
agreement with the city, which contains individual panels and which
is generally used to provide direction to schools, amenities, information
centers, community facilities, and neighborhoods within a residential
subdivision (“KPS-2”).
Any design, insignia or other marking of a company or product,
which is used in advertising to identify the company, business or
product.
A sign erected in conjunction with a use that incorporates
a drive-through or drive-in and generally used to provide service
and/or product options and pricing for patrons who remain in a vehicle.
Any goods, wares, and/or merchandise or other advertising
object or structure suspended displayed, suspended, applied, erected,
and/or installed from or on any building, or pole, structure, sidewalk,
parkway, driveway, parking area, fuel pump island or its supports,
bridge or overpass for the purpose of advertising such items or attracting
patrons. Merchandise signs and/or displays are prohibited in the city
and its extraterritorial jurisdiction, except as specifically allowed
by any city ordinance or required by federal or state law.
An operable or inoperable vehicle with illuminated or nonilluminated
panels, other devices, or appendages used to advertise, promote or
draw attention to products, services, events, or other similar purpose.
The primary purpose of a mobile advertisement sign is advertising.
A sign used to identify a builder or contractor model house
that is open to the public for inspection by customers and located
within a residential district. A model home sign provides a builder's
name, corporate logo, hours of operation, website information, and/or
telephone number.
A sign supported from the grade to the bottom of the sign
having or appearing to have a solid and opaque base and used to identify
tenants or name of a business located on the same lot. If the MIS-1
is in a planned development district, it can also identify tenants
or the name of a business within a planned development or on a separately
platted lot within a planned development, if so permitted by the ordinance
creating the planned development district.
A sign that is supported from the grade to the bottom of
the sign having, or appearing to have, a solid base and generally
used to provide direction to drive-through lanes, buildings, and tenants
within large multi-tenant retail, multifamily, or office developments.
A UDMS is a sign that is supported from the grade to the bottom of the sign having, or appearing to have, a solid base and is used to identify multiple tenants within a unified development. A UDMS is permissible on a nonresidential zoned property subject to the conditions set forth in section 3.06.017(15).
Any sign, sign appendages or apparatus designed or made to
move freely in the wind or designed or made to move by an electrical
or mechanical device. Moving signs, and/or any sign appendage that
moves, are prohibited in the city and its extraterritorial jurisdiction.
A temporary sign having characters, letters, or illustrations
applied to plastic, cloth, canvas, or other light fabric or similar
material, with the only purpose of such nonrigid material being for
background used by the city, either acting alone or in cooperation
with another person or entity, to promote the city, aide in economic
development or economic activity in the city, promote citizenry and
good will, promote awareness of happenings in the city, promote municipal-related
places, activities, events, or promote municipal-related information
or an event or similar happening determined by the city to directly
relate to the city's objectives in speaking on its own property. A
municipal banner includes ornamentations and seasonal decorations.
Pictures or artwork painted, drawn or applied on the exterior
walls that does not depict or contain advertising, logos, or images
of a product or service available on site or off location. Murals
are not used to advertise products or services offered or sold off
location or on site.
A sign that has any missing panels, burned out lights, missing
letters or characters, has rust, has loose parts, has damage, faded
from its original color, supports or framework with missing sign or
parts, or is not maintained. Neglected signs are prohibited in the
city and its extraterritorial jurisdiction.
A discharge tube containing neon that ionizes and glows with
various colors when electric current is sent through it.
Any structure, activity, or use not included in the definition
of residential use contained in this article. A homebuilder model
home, a temporary sales trailer, and an apartment leasing office are
included in this definition.
Notice required by this article shall be sufficient if it
is affected by personal delivery, registered or certified mail, return
receipt requested, and/or depositing the notice with the United States
mail.
A sign displaying advertising copy that pertains to a business,
person, organization, activity, event, place, service, or product
not principally located or primarily manufactured or sold on the premises
on which the sign is located.
A sign identifying or advertising a business, person, or
activity, and installed and maintained on the same premises as the
business, person, or activity.
A temporary stake sign used to advertise the name of the
realtor or homeowner, phone number, open house address, date, and/or
time of an open house.
Any lightweight plastic, fabric or other material, whether
or not it contains a message of any kind, suspended from a rope, wire,
cord, string or other similar material designed to move in the wind
whether existing in a series or individually. Pennants are prohibited
in the city and its extraterritorial jurisdiction.
Any person, firm, partnership, corporation, company, limited
liability company, organization, business or entity of any kind.
A banner that is mounted on city-owned streetlight poles
that do not have a traffic signal affixed to them or are not used
for distribution of electrical power.
A sign erected on a vertical framework consisting of one
(1) or more uprights supported by the ground. With the exception of
the pole signs specifically authorized by this article, such as zoning
signs and kiosk (panel) sign, pole signs are prohibited in the city
and its extraterritorial jurisdiction.
A sign that relates to the election of a person to a public
office, relates to a political party, relates to a matter to be voted
upon at an election called by a public body, or contains primarily
a political message.
Any sign designed or intended to be relocated from time-to-time,
whether or not it is permanently attached to a building or structure
or is located on the ground. Portable signs include signs on wheels
or on portable or mobile structures, such as, among other things,
trailers, skids, banners, tents or other portable structures, A-frame
signs, T-shaped signs, airborne devices, or other devices used for
temporary display or advertising. Portable signs are prohibited in
the city and its extraterritorial jurisdiction, except as specifically
allowed by other sections of this article.
A lot or tract within the city, and contiguous lands in the
same ownership, which is not divided by any public highway, street
or alley, or right-of-way.
Lights are any form of light source(s) or lumens, whether
by electromagnetic radiation, flame, reflection, or any other form
of lumens that acts upon the retina of the eye and optic nerve that
makes sight possible. Prohibited light(s) are lights that blink, strobe,
flash, fade, scroll, or anything other than stationary or static that
attracts the attention of the general public, or causes light pollution
or light trespass. Prohibited light(s) placed in any manner where
the light is visible from the exterior of a business or other nonresidential
use facility are prohibited in the city and its extraterritorial jurisdiction.
Exception: federal, state and municipal authorized emergency devices
or apparatuses, emergency vehicles, utility repair vehicles, fire
and building code light devices for emergency and/or security purposes,
or other required lighting for public safety purposes are not prohibited
and must comply with all applicable ordinances or regulations.
Any sign not referenced in or governed by this article;
Any sign erected or installed without the issuance of a permit,
either prior to or after the adoption of this article (if a permit
was required);
Any sign that emits odor or visible matter;
Any sign erected or installed in or over a public right-of-way
or access easement, unless permitted within this article;
Any sign that does not comply with this or other applicable
municipal ordinances, or those which do not comply with federal or
state laws;
Any changeable electronic variable message sign (CEVMS) or light
emitting diode (LED) billboards located, relocated, or upgraded along
a regulated highway within the corporate limits or extraterritorial
jurisdiction of the city; or
Any sign not allowed or defined by this article.
A temporary sign used to advertise or display contact information
of property owner(s), opening date(s), architect(s), contractor(s),
engineer(s), landscape architect(s), and/or financier(s), who are
engaged with the design, construction, improvement or financing of
a residential subdivision with homes under construction within the
subdivision to which it pertains or within a commercial project to
which it pertains. PDS is generally constructed of wood, metal or
other similar materials approved by the city manager. A PDS may include
zoning information and advertise residential builders selling homes
within a subdivision. In no case shall a PDS contain information that
pertains to off-premises uses.
Any sign the outside edge of which extends from the face
of a wall to which it is attached.
An area of real estate designated as a parcel or lot on a
final plat approved by the city and filed with the county clerk's
office, or an unplatted tract of land as shown on an abstract.
Any sign or similar device that causes annoyance either to
a limited number of persons or to the general public or because of
its attraction causes a hazard or dangerous condition.
Visible from any public right-of-way, city right-of-way,
or access easement.
Any property within the city limits which is zoned for residential
use. Any un-zoned property within the city limits or any property
within the city's extraterritorial jurisdiction which is vacant, in
any form of agricultural use, on which a residence is the principal
use, and any portion within 200 feet of any such residence.
An on-site, temporary stake sign used to advertise a home
or residential property for sale or lease. A RRES is used to advertise
the name of the owner or realtor, telephone number, property information,
and/or website address.
The owner of the property upon which the sign is located,
the lessor of the property, and/or the owner of the sign.
Any sign that turns, spins, or partially revolves or completely
revolves 360 degrees on an axis. Revolving signs are prohibited in
the city and its extraterritorial jurisdiction.
A roof (secondary) sign is a sign that is mounted to or projects
from a canopy or secondary roof over the entry to a building but does
not project above the highest point of the building.
A sign mounted on and supported by the roof portion of a
building or above the uppermost edge of a parapet wall of a building
and which is wholly or partially supported by such a building or a
sign that is painted directly to or applied on the roof or top of
a building or structure. A sign that is mounted on mansard facades,
pent eaves or architectural projections, such as canopies or the fascia
(wall) of a building or structure shall not be considered to be a
roof sign. Roof signs are prohibited in the city and its extraterritorial
jurisdiction.
An on-site temporary stake sign used to convey school registrations,
enrollments, open houses, award ceremonies, PTA meetings, or other
school-related events or functions for a city based public or private
educational facility to where the information pertains. A school sign
excludes information pertaining to dates, times, and/or locations
of scheduled athletic games.
A structurally engineered sign erected at an athletic field
or stadium and which is generally used to maintain the score or time
expired in an event at the field or stadium. This definition includes
signs mounted or applied to the outfield wall within a baseball field.
Any apparatus capable of projecting a beam or beams of light.
Searchlights (skylights) are prohibited in the city and its extraterritorial
jurisdiction.
A sign which was lawfully erected and maintained prior to
the enactment of this article and any amendments thereto, and which
does not conform to current applicable regulations and restrictions
of this article.
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued, or otherwise attached to trees, poles, stakes,
fences, or other objects, and the advertising matter appearing thereon
is not applicable to the use of the premises upon which such sign
is located.
Any form of publicity or advertising which directs attention
to an individual, business, commodity, service, activity, or product,
by means of words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, trade names or trademarks, or
other pictorial matter designed to convey such information and displayed
by means of print, bills, posters, panels, or other devices erected
on an open framework, or attached or otherwise applied to stakes,
posts, poles, trees, buildings, or other structures or supports. This
definition shall also include any device, fixture, placard, or structure
that uses any color, form, graphic, illumination, symbol, or writing
to advertise, announce the purpose of a person or entity, or communicate
information of any kind to the public.
See freestanding sign.
A structure containing a single commercial establishment,
office, business, school, church, non-profit organization, charity
or government agency.
An off-site or on-site sign of a temporary nature supported
by a metal or wood stake placed in the ground. Such signs may advertise
the sale of a product, good or service or other similar venture with
an economic purpose to include but not limited to directional signs,
real estate signs, moving services, housekeeping services, lawn care
services or any other type of service or sales. Signs may also be
utilized for supporting, encouraging, expressing or identifying a
philosophy, theory, belief, view, principle, concept, insight or opinion,
political posture, position or event, public services or civic announcement
or advisory event and/or personal or individual use without a commercial
intent. Such signs may include but are not limited to political signs,
ideological signs, no trespassing, special event or public services
announcements, alarm signs and beware of dog signs, but do not include,
among other things, garage sale signs.
A sign mounted to a screening wall or engraved into a masonry
block which identifies a residential development or a planned development,
whether residential or noncommercial, and generally refers to the
platted name of the subdivision or planned development.
A physical improvement such as signs, walls, entry features
or other similar improvements constructed to draw attention to or
enhance a subdivision or its surrounding area.
Any temporary sign placed in the public right-of-way and/or
on public property that is not otherwise expressly allowed to be located
within the public right-of-way and/or public property pursuant to
this article.
A temporary stake sign used to provide the name of and direction
to a location occupied by a religious organization or religious group
that temporarily operates in a school or other facility. A temporary
religious sign identifies the meeting location/address, website information,
hours of service, and/or telephone number of a religious organization
or group.
Any sign used to display information that relates to a land
use, or a sign with a limited duration which is not rigidly and permanently
installed into or on the ground, attached to a building, or as identified
in this article.
Any traffic-related sign, light, apparatus, or device installed
that provides information to vehicular drivers and/or pedestrian traffic.
Traffic-related signs, lights, apparatuses, or devices requires approval
from the engineering department, which includes the review and approval
of design, size, placement, and any other specifications or requirements
prior to installation from the traffic engineer. Exemption: signs,
lighting, apparatuses, and/or devices installed or required by federal
or state laws.
An undeveloped residential or nonresidential property for
which a certificate of occupancy has not been issued by the director
of development services to occupy a building on the property or for
which final acceptance has not been issued by the city.
A unified development zone shall consist of multiple lots
which were depicted on the same general development plan, or site
plan, and be united through common building architecture, building
color, and building materials, landscaping, access and parking on
contiguous parcels.
A sign that fronts two (2) street frontages with more than
(>) five (5) degrees of parallel.
No sign shall be permitted to remain on any vacant building,
except a sign pertaining to the lease or sale of the building to which
it pertains, or a sign which is under lease from an owner or his/her
authorized agent when such sign is maintained by a person operating
under his/her own bond. Vacant building signage is prohibited in the
city and its extraterritorial jurisdiction.
An official written request to the planning and zoning commission
to allow exceptions to regulations or requirements of this article.
Any operable or inoperable motorized machine on wheels, treads,
or runners by which any person, materials, commodity, or property
is or may be transported.
A sign painted upon or applied directly (to include magnetic,
but not signs taped to) to any vehicle, truck, car, bus, trailer,
boat, recreational vehicle, motorcycle or any other vehicle; however,
any vehicle, whether operable or not, shall not be parked and/or decorated
where the intent is to use the vehicle as advertising. Vehicle signs
shall exclude bumper stickers and state required registration or inspection
stickers/identifications.
A sign attached to or incorporated as part of a vending machine
or gasoline pump and generally advertises products dispensed, offered
or sold from the vending machine or gasoline pump.
A wall sign is a sign erected parallel to and extending not
more than twelve (12) inches from the facade of any building to which
it is attached, supported throughout its entire length by the building
face. A wall sign identifies the name of a business and/or logo of
a business or products and services offered by the business. With
approval from the historic preservation commission, a building located
within the HD-historic district that contains a maximum wall height
of nine (9) feet and is adjacent to a non-pedestrian traveled way
may contain a wall sign at the non-pedestrian traveled way of a building
wall. An approved wall sign installed on a building wall that does
not exceed nine (9) feet in height shall not project greater than
one (1) inch from the wall surface. Neon shall not be installed on
any wall sign installed below nine (9) feet from grade. A wall sign
may include neon tubing attached directly to a wall surface when forming
a border for the subject matter or when forming letters, logos, or
pictorial designs. This definition shall not include painted on murals.
(Please see 'murals,' above.) Murals are not subject to the wall sign
regulations contained herein. Wall signs are permissible subject to
the following conditions and upon issuance of a sign permit. No building
shall have both a wall sign and an awning sign on the same building
face.
Any sign on a building with three or more stories for office
use in which the tenant has no direct outside entrance from the tenant
space.
Any sign, poster, window slick, or other similar displayed
item, excluding banners (see 'banners'), located on the internal or
external surface of a window for the purpose of advertising a business'
name, telephone number, website information, services, commodities,
and/or products offered or sold that are available within the building
that is visible from a public street or sidewalk. A sign applied on
or over a window and/or visible through a window from the exterior
of a building is a wall sign.
Any pennant, streamer, spinner, balloon, cloud buster balloon,
inflatable objects or similar devices made of cloth, canvas, plastic
or any flexible material designed to float or designed to move, or
moves freely in the wind, with or without a frame or other supporting
structure, used for the purpose of advertising or drawing attention
to a business, commodity, service, sale or product. Exception: flags
and grand opening balloons and/or balloon arrangements. Wind device(s)
are prohibited in the city and its extraterritorial jurisdiction.
A temporary stake sign used to publicize the arrival of a
newborn, participation of a family member in a school activity or
sport, the presence of a security system, animals, and seasonal decorations.
A temporary sign erected to publicize a request to zone or
rezone a property.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
Where the rules and regulations of any other ordinance conflicts
with this sign ordinance, the regulations contained herein shall prevail
and take precedence over any other regulation, including provisions
as recorded in any zoning overlay district; however, with the exception
of any planned development district or other pertinent development
agreement(s) with the city.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Any
lawful existing sign as of the date of this ordinance that does not
conform to the regulations stated herein shall be deemed a nonconforming
sign. It is the declared purpose of this section that nonconforming
signs and signs directing attention to nonconforming uses eventually
discontinue and the signage comply with the regulations stated herein,
having due regard for the investment in such signs. Therefore, nonconforming
signs shall be removed or modified so as to conform with the requirements
of this article within 15 years of the date the sign became nonconforming.
(b)
Notwithstanding
the right to repair nonconforming signs under the terms of this article,
a sign which has been permitted to remain in place as a nonconforming
sign shall be removed when a substantial part of it is blown down
or otherwise destroyed or dismantled for any purpose other than maintenance
operations or for changing the letters, symbols or other message on
the sign. For purposes of this article, a substantial part of it is
considered to have been destroyed only if the cost of repairing the
sign is more than 51% of the cost of erecting a new sign of the same
type at the same location.
(c)
The
designated official, after ten days' written notice to the owner of
the premises on which the nonconforming sign is located, shall have
the authority to order the removal of such sign which either:
(1)
Was not permanently affixed to the ground on the effective date of
this article;
(2)
Was erected in violation of a city ordinance in effect at the time
of its erection; or
(3)
Has been or is proposed to be altered to increase/decrease height,
width or message area, illumination is added, removed or changed and/or
the general structure is altered in material or function.
(d)
The
city council may order nonconforming signs to be removed at any time
upon and subject to compliance with Tex. Loc. Gov't Code, chapter
216.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Sign permit required.
No sign, other than those signs
allowed without a permit, shall be erected, placed, attached, secured,
altered or displayed to/on the ground, any building, or any structure,
until a permit for such sign has been issued by the director of development
services. An application for a sign permit may be obtained from the
city secretary. The building inspector shall approve or deny an application
for a sign permit within thirty (30) days of the receipt of the application.
A sign permit will be issued if a proposed sign conforms to all city
ordinances. Upon request by the city, a site plan shall be provided
by the applicant, showing the location of all signs on the property
and/or adjacent properties. Incorrect or false information on an application
shall be grounds for denial or revocation of a sign permit.
(b)
Permit expiration.
If the work authorized by a permit
issued under this article has not been commenced within one hundred
eighty (180) days after the date of issuance, the permit shall become
null and void.
(c)
To whom issued.
No permit for the erection of any sign,
with the exception of banner and sandwich board signs, shall be issued
to any person other than those licensed and bonded in accordance with
this article.
(d)
Not to issue for prohibited locations.
No sign permit
shall be issued under this article for any sign in a district where
signs are prohibited by the city's zoning ordinance, as it currently
exists or may be amended. A sexually oriented business seeking a sign
permit must also comply with all city ordinances regulating such businesses
to include the current sexually oriented business ordinance as currently
written or amended in the future, zoning ordinance as currently written
or amended in the future, and this article as currently written or
as amended in the future.
(e)
Interpretation and administration.
The city manager
and the building inspector shall be responsible for interpreting and
administering this article. They may revoke any permit for a sign
issued in error. The building inspector may revoke a registration
issued in error or for those reasons stated herein. Any person aggrieved
by an interpretation shall have the right to make an appeal according
to this article.
(f)
Temporary exemptions.
The building inspector shall have
the authority to approve temporary exceptions to the sign ordinance
as set forth in this article in emergency circumstances and/or in
relation to public works projects. Public works projects would include,
but are not limited to, periods where road construction interferes
with the normal course of business or other similar circumstance.
(g)
Fees.
Every application for a permit shall be submitted
along with a nonrefundable fee in an amount determined by the city's
current master fee schedule as approved by the city council. An application
will not be accepted unless the permit fee is paid in full. The permit
fee for a sign permit shall be doubled when the installation or alteration
of a sign is commenced or completed before the necessary permit is
obtained.
(1)
The permit fee for a garage sale sign shall be the same as prescribed
in the city's garage sale ordinance.
(2)
The fee for a variance request to the sign ordinance shall be in
an amount determined by the city's current fee schedule as approved
by the city council.
(3)
The fee for a special purpose sign district request shall be five
hundred dollars ($500.00), plus the cost incurred by the city for
the postage and newspaper publishing for the required public hearing
notices, to be paid at the time of the variance request is filed with
the city secretary.
(h)
Investigation.
Whenever any work for which a permit
is required by this article has been commenced or completed without
first obtaining a permit, a special investigation shall be made before
a permit may be issued for such work. An investigation fee, in addition
to the permit fee, shall be collected whether or not a permit is then
subsequently issued. The investigation fee shall be double the amount
of the permit fee required by this article.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
It shall be unlawful for any person to violate the provisions
of this article.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
A
contractor who is registered with the city is the only person who
can install or erect a sign, except banners, A-frame signs, window
signs, grand opening balloon arrangements, and all signs for which
a permit is not required. To register with the city, a contractor
must apply with city hall for a registration to install or erect signs
within the city. The building inspector or his/her designee shall
approve or deny an application for a registration within thirty (30)
days of the city's receipt of the application. A registration number
will be issued if all requirements of city ordinances are met and
the insurance requirements are met below. The fees for such a registration
shall be in accordance with the fee schedule as determined by the
city council. Registration is valid twelve (12) months from the date
of issuance.
(b)
No
registration number for the installation, erection and/or maintenance
of signs shall be issued to any person nor shall any person install,
erect or maintain any sign, except banners, A-frame signs, window
signs, and/or grand opening balloon arrangements, and all signs for
which a permit is not required, or medium of display or advertising,
electric or otherwise, until such person has provided proof of general
liability insurance in the amount of one hundred thousand ($100,000.00)
dollars to the city secretary a surety bond in the sum of five thousand
($5,000.00) dollars. Such bond shall be approved by the city manager
and shall be conditioned for the installation and erection of signs
in accordance with the ordinances of the city and laws of the state,
and shall provide for the indemnification of the city for any and
all damages or liability, which may accrue against it by reason of
faulty installation, erections, demolition, repair, removal, or defects
in, or collapse of, any sign for a period of one (1) year after erection
or for such period of time that such sign is maintained or serviced
by or under the direction of the maker of such bond, whichever is
longer. Such bond shall further provide for the indemnification of
any person who shall while upon public property or in any public place,
incur damage for which the principle name in the bond is legally liable.
(c)
The
registration of a contractor may be revoked by the building inspector
when such sign contractor repeatedly violates the requirements of
this article. Conviction in court, whether appealed or not, on two
(2) violations over a period of twelve (12) consecutive months, shall
constitute evidence of repeated violation.
(d)
A
registration, which has been revoked, may be reinstated only if the
contractor corrects all violations and furnishes to the director of
development services a compliance bond in the amount of five thousand
dollars ($5,000.00), which guarantees compliance with all applicable
laws, in the form approved by the city attorney.
(e)
Any
person whose registration has been reinstated under this section shall
renew his or her compliance bond for at least two (2) years following
the date the registration was reinstated.
(f)
Any
person aggrieved by this section shall have the right to make an appeal
according to the city ordinances.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The building inspector is authorized to perform an inspection
of all signs. The purpose of the inspection is to ensure that the
sign has been constructed in accordance with this article, other applicable
ordinances, and the applicable permits. The building inspector shall
solely determine the method and time of such inspections.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Meritorious exceptions.
(1)
It is not the intention of these criteria to discourage innovation.
It is entirely conceivable that signage proposals could be made that,
while clearly nonconforming to this article and thus not allowable
under these criteria, have obvious merit in not only being appropriate
to the particular site or location, but also in making a positive
contribution to the visual environment.
(2)
Upon request of an interested party, the city council, upon recommendation
by the planning and zoning commission, shall hear and shall seriously
and fairly consider a request for a meritorious exception under this
section.
(b)
Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to provide for reasonable
interpretation of the provisions of this article, the city council
shall hear appeals with respect to any actions of the designated official
in the interpretation and enforcement of this article. Any such appeal
shall be brought, by written application filed by an interested party,
to the planning and zoning administrator, within ten days after the
action of the designated official which is the subject of the appeal.
Enforcement of this article shall be stayed pending such appeal. In
hearing such appeals, the planning and zoning commission shall review
the determination of the designated official and, in doing so, may
consider whether or not the regulations and standards of this article
will, by reason of exceptional circumstances or surroundings, constitute
a practical difficulty or unnecessary hardship. The planning and zoning
commission shall forward a recommendation to the city council, who
shall act on the subject of the appeal. A decision of the council
shall be final.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Removal /impoundment of prohibited signs.
(1)
All prohibited signs or noncompliant signs shall be considered a
public nuisance and are prohibited by this article in the city and
its extraterritorial jurisdiction. Upon identification of any prohibited
sign, the director of development services or his/her designee shall
provide written notification of the violation to the owner of the
property on which the prohibited sign is located and/or the installer
of the sign. The notification shall state that the offending sign
shall be removed by the owner, agent or person having beneficial use
of the land, building or structure upon which such sign is located
within the time period prescribed after written notification to do
so by the building inspector. The notification shall further state
that if the prohibited sign is not removed within a specific timeframe
(not to exceed ten (10) calendar days) a citation may be issued and
the city may resort to any civil remedy available up to and including
impoundment. If any sign is determined to present an immediate danger
to public health, safety, or welfare, the city shall remove it immediately
upon receiving a written court order for such removal. Within ten
(10) calendar days of the removal of the sign, the building inspector
shall notify the owner of the property on which the sign was located
of the reason(s) for the removal of the sign. Signs authorized by
a sign permit number with an expiration date shall be removed promptly
upon the date of expiration. Signs remaining after the date of expiration
shall be deemed prohibited. The sign permit that provides the expiration
date shall be considered adequate notice of violation.
(2)
It shall be unlawful for any person, firm, entity or corporation
receiving such written notification or having an expired sign permit
to fail to comply with the direction of the notification. In the event
failure to comply with such notice provided, the building inspector
is hereby authorized to cause the removal and impoundment of such
sign. Any expenses incident thereto shall be the responsibility of
the owner, agent or person having beneficial use of the land, building
or structure upon which such sign was located.
(b)
Impounded signs and recovery.
(1)
Impounded signs may be recovered by the owner within seven (7) calendar
days from the date of the written notification of impoundment by paying
a fee determined by the city council.
(2)
Impounded signs not recovered within seven (7) calendar days from
the date written notification of impoundment is sent, may be disposed
of by the city in any manner the city so elects.
(c)
Temporary nuisance sign.
(1)
Violation and removal.
Temporary nuisance signs are
prohibited. A temporary nuisance sign may be immediately removed and
impounded by any city employee, or any person or organization authorized
by the city to remove such temporary nuisance signs.
(2)
Disposal of temporary nuisance signs.
Temporary nuisance
signs may be disposed of as follows:
(A)
Signs made of paper, cardboard, plastic, or other similar materials
and their supports may be place in the trash or destroyed immediately.
(B)
Signs made of materials other than paper, cardboard, plastic, or
other similar materials shall be stored for seven (7) calendar days
from the day the city sent notice to a responsible party, as that
term is defined within this subsection. The responsible party may
reclaim the signs upon payment of fees as established by the city
council. If the sign and/or supports have not been claimed by the
expiration of the seven (7) calendar day storage period, the city
may discard them or dispose of them at the sole discretion of the
director.
(C)
Responsible person.
The person(s) physically placing
the temporary nuisance sign and/or the owner of the temporary nuisance
sign are both individually and severably responsible for the posting
and removal of said sign. It is also prima facie evidence that the
person and/or entity whose address or telephone number is on a temporary
nuisance sign, or is otherwise named, described, or identified on
the sign is the person and/or entity who owns the temporary nuisance
sign.
(D)
Obligation to remove.
The city, at the building inspector's
sole discretion, may remove the temporary nuisance sign on its own
or may require the person and/or entity whose address or telephone
number is on a temporary nuisance sign, or is otherwise named, described,
or identified on the sign to remove the temporary nuisance sign. A
person and/or entity whose address or telephone number is on a temporary
nuisance sign, or is otherwise named, described, or identified on
the sign has an absolute duty to remove the temporary nuisance sign
at their own cost, within twenty-four hours of the city sending notice
to remove such sign. The city may notify an individual and/or entity
under this section in person, by email, by mail, or by telephone.
An individual and/or entity's failure to remove a temporary nuisance
sign after receiving such notice from the city shall constitute an
offense separate from that of the violation of posting the temporary
nuisance sign.
(3)
It shall be unlawful for any person, firm, entity or corporation
receiving such written notification to fail to comply with the direction
of the notice. In the event failure to comply with such notice provided
under this section, the building inspector is hereby authorized to
cause the removal and impoundment of such sign upon the issuance of
a written court order authorizing the removal and impoundment of such
sign. Any expenses incident thereto shall be the responsibility of
the owner, agent, or person having beneficial use of the land, building
or structure upon which such sign was located. The city shall invoice
the owner, agent, or person having beneficial use of the land for
such expenses incurred by the city associated with the removal and
impoundment of such sign.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The following are exempt from regulation under this article:
(1)
Any
sign inside a building, not attached to a window or door and not oriented
so as to be read from outside the building;
(2)
Commemorative
plaques and historical markers mounted on the face of a building or
erected on a site as a freestanding monument sign, when placed or
approved by a governmental entity, historical society, religious organization
or other nonprofit entity to commemorate a person, event or other
matter of historical interest;
(3)
Any
sign installed or required to be installed by any governmental entity
or public utility to give information, directions or warnings to the
general public, regardless of the sign's location on public or private
property; and
(4)
Temporary
signs with the intended use of identifying seasonal, occasional or
special community, educational, charitable and civic events, facilities,
activities or social events, and of identifying newly opened businesses.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Special
events are generally defined as a festival, fair, tournament, or other
similar happening. Should city staff question a proposed activity
or celebration as a valid special event, a description of the proposed
activity or celebration will be prepared by the applicant and forwarded
to the city's special event coordinator. Once the application is accepted
the city's special events coordinator will make the determination
whether an event qualifies as a special event. Business promotions,
such as grand openings and sales events, shall not be classified as
a special event.
(b)
Banners,
stake signs, inflatable device signs, or other apparatuses may not
be erected to advertise a special event until a special event sign
coordination plan has been approved by the city. The special event
sign coordination plan will be required to illustrate the location
of banners, stake signs, inflatable device signs, or other apparatuses
to be used for a special event. The director of development services
or designated representative shall have final approval for special
event sign coordination plan.
(c)
Temporary
signs advertising special events, which signs are approved through
this process, shall be exempt from other sign regulations of the city
code.
(d)
Signage
associated with a special event shall be erected no earlier than seven
(7) calendar days prior to the event and removed no later than twenty-four
(24) hours after the conclusion of the event.
(e)
City-sponsored
special events; special events conducted on city property with city
promotion; major regional sporting events; major regional entertainment
events; or special events held on city-owned property that promotes
the city, aides in economic development, promotes citizenry and good
will, promotes municipal-related places, activities, events, or promotes
awareness of happenings in the city.
(1)
Time.
Written permission from the city manager or his/her
designee is required. No time restriction.
(2)
Place.
May be erected on any city-owned property including
but not limited to pavilions, parking structures, fences, walls, vehicles,
poles and light poles, and/or any other structure or apparatus approved
by the city manager or his/her designee.
(3)
Manner.
(A)
Any sign having characters, letters or illustrations applied to plastic,
cloth, canvas, or other light fabric or similar material, with the
only purpose of such nonrigid material being used for a background.
(B)
All special event signage shall be maintained and shall not be faded,
tattered, or torn.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
The
provisions contained in this section shall apply to all signs, with
the exception of those referenced in this article for certain types
of signs, located within the city limits or ETJ.
(b)
No
sign or part of a sign shall:
(1)
Be placed on or attached to any utility pole or pedestal, except
by a utility company owning the pole or pedestal or operating facilities
mounted on the pole or pedestal.
(2)
Be placed upon real property without the consent of the property
owner.
(3)
Be located in, on, or over any right-of-way, except for directional
or informational signs erected by government agencies. Any such sign
shall constitute a nuisance.
(4)
Be located so that it blocks vehicle or pedestrian views and/or safe
sight distances at any intersection, curve or corner. This includes
signs located on private property. Any such sign shall constitute
a nuisance.
(5)
Be hung with less than seven and a half (7-1/2) feet of vertical
clearance above the sidewalk or less than fifteen (15) feet of vertical
clearance above the street, drive or parking area (this applies to
any part of a sign, including mounting fixtures and supporting structures,
which is mounted above or projects over any sidewalk, street, drive
or parking area, whether on public or private land).
(6)
Imitate or resemble an official traffic-control device or railroad
sign or signal; attempt to direct the movement of traffic; or hide
from view or hinder the effectiveness of an official traffic-control
device or railroad sign or signal. Any such sign shall constitute
a nuisance.
(7)
Be placed closer than six (6) feet to the edge of a road surface.
(8)
Be allowed which moves or has moving components or has bright flashing
lights or other distracting features. This does not include signs
with slowly changing messages such as time or temperature.
(9)
Be located so that it is on or in any way obstructs any sidewalk,
walkway or pathway used by the public for normal pedestrian access.
(10)
Be painted or installed on any roof surface.
(11)
Extend above or beyond the building roof line, facade or eaves when
installed on a wall. A facade is a low wall built along one or more
sides around the perimeter of a roof.
(12)
Be located closer than ten (10) feet to any power line. Any such
sign shall constitute a nuisance.
(13)
Be installed so that it faces contiguous residential property.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Apartment sign.
(1)
Time.
No sign permit required. Apartment signs may be
placed in the front yard of a property developed as an apartment complex
no earlier than Friday at 12:00 p.m. (noon) and shall be removed from
the property no later than Sunday at 6:00 p.m.
(2)
Place.
Apartment signs may not be installed on any public
property or right-of-way area. Apartment signs shall only be placed
on the property for the apartment community to which it pertains.
Apartment signs installed within the front of a property shall not
be placed closer than sixty (60) feet from another apartment sign.
Apartment signs shall not be installed within thirty (30) feet from
a side property line.
(3)
Manner.
An apartment sign shall not exceed six (6) square
feet in total area. The maximum height of an apartment sign shall
not exceed four (4) feet.
(b)
Athletic registration sign.
(1)
Time.
No sign permit required, but prior permission
of the property owners is required.
(A)
With prior written permission of the director of parks and recreation,
or their designee, athletic registration signs may be erected up to
seven (7) calendar days prior to the registration and removed no more
than forty-eight (48) hours after the registration.
(B)
With prior permission of a homeowners association (HOA), athletic
registration signs may be erected on a subdivision-maintained community
park up to seven (7) calendar days prior to the registration and removed
no more than forty-eight (48) hours after the registration.
(C)
With prior permission from a public or private school, athletic registration
signs may be erected up to seven (7) calendar days prior to the registration
and removed no more than forty-eight (48) hours after the registration.
(2)
Place.
Athletic registration signs shall not be located
within any median, any right-of-way or easement, or on any other public
property, except as allowed herein at public parks and public schools.
(A)
At city-owned parks, athletic registration signs may be located at
the city park exits or other city park area approved by the director
of parks and recreation or his/her designee.
(B)
At HOA-maintained parks or open space areas, athletic registration
signs shall be located on private HOA-maintained park property with
written approval by the HOA board or their designee.
(C)
At public or private school property, athletic registration signs
shall be located at a school exit or other area on school property
approved by the school authority.
(3)
Manner.
The maximum area of an athletic registration
sign shall not exceed six (6) square feet. The maximum height of an
athletic registration sign shall not exceed four (4) feet. Athletic
registration signs that represent an entity that has practice or playing
facilities that have a certificate of occupancy are not allowed.
(c)
Flag/flagpole.
(1)
Time.
No sign permit required, except for a flag attached
to a pole within the HD or along Preston Road. A flag shall not be
placed on a property until a site plan and/or a final plat is for
development of the property.
(2)
Place.
A flag and its ground-supported staff shall be
located on private property behind the property line. Flags may be
placed at parks during social and athletic events.
(3)
Manner.
At a property that contains a building with
less than (<) four (4), the maximum height of a ground-supported
flagpole shall be forty (40) feet measured from the ground with the
maximum area of the flag not to exceed sixty (60) square feet in area.
At a nonresidential property that contains a building with four (4)
floors or more above-ground, the maximum height of a flagpole shall
be sixty (60) feet measured from the ground with the maximum area
of a flag not to exceed ninety-six (96) square feet in area. A maximum
of four (4) flags or flagpoles may be located on a property. A flag
not displayed on a ground-supported staff shall meet the permit and
display requirements of a banner (see 'banner').
(d)
Garage sale sign.
(1)
Time.
No sign permit required. No sign shall be displayed
more than 24 hours in advance of the garage sale and all signs must
be immediately removed at the end of the garage sale.
(2)
Place.
Garage sale signs shall be located only on a
private residential property with the consent of the property owner.
Garage sale signs shall not be placed on a vehicle, fence, pole, tree,
median, or railing. Garage sale signs shall not contain any balloons,
wind devices or other type of sign, except stake signs, unless meeting
the definition and requirements for that type of sign. Garage sale
signs shall not be placed on public property, right-of-way, easement,
utility pole, sidewalk or other public way.
(3)
Manner.
A garage sale sign shall not exceed six (6)
square feet in area (typically 2 feet x 3 feet). The maximum height
of a garage sale sign shall not exceed four (4) feet.
(f)
Government community event sign.
(1)
Time.
No sign permit required. A government community
event sign may be erected up to fourteen (14) business days prior
to the event or activity and shall be removed within two (2) business
days after the event or activity.
(2)
Place.
Government community event signs shall only be
placed at a city public park and/or other city government property
that contains a public building, within a residential subdivision
with written permission from the homeowner's association or its representative,
on private property with the owners notarized permission, at a private
or public educational facility with permission, and at the event location.
(3)
Manner.
A government community event sign shall not
be placed in medians, easements, or within the right-of-way of any
thoroughfare. Government pole banners shall have no restrictions.
(g)
HOA neighborhood sign (HOA-NS).
(1)
Time.
No sign permit required.
(2)
Place.
A HOA-NS shall be located on private property
within the subdivision or in HOA-maintained areas. A HOA-NS shall
not be located along any major thoroughfare or street artery outside
of the subdivision screening wall or perimeter barrier.
(3)
Manner.
The maximum area of a HOA-NS shall not exceed
six (6) square feet. The maximum height of a HOA-NS shall not exceed
four (4) feet. Signs that emphasize safety or provide advisory information
are allowed.
(h)
Home improvement sign.
(1)
Time.
No sign permit required. A home improvement sign
shall be removed within fifteen (15) calendar days of being initially
installed or when the home improvement work is completed, whichever
occurs first.
(2)
Place.
A home improvement sign shall be located only
on the lot at which the home improvement is occurring. A home improvement
sign shall not be erected on private property closer than ten (10)
feet from the edge of any street pavement or designated roadway.
(3)
Manner.
A home improvement sign shall not exceed six
(6) square feet in area. A home improvement sign shall not exceed
four (4) feet in height. A maximum of one (1) home improvement sign
shall be erected on a lot.
(j)
Mobile advertisement sign.
(1)
Time.
A sign permit is not required. No restrictions.
(2)
Place.
A mobile advertisement sign is prohibited from
being parked, driven, stationed, or moving in any manner on private
property within the city or its extraterritorial jurisdiction for
longer than 20 minutes per 24-hour day.
(3)
Manner.
A mobile advertisement sign shall only be driven
on public streets in the city and its extraterritorial jurisdiction.
(k)
Open house residential sign (OHRS).
(2)
Place.
(A)
OHRS shall be located only on private residential property with the
consent of the property owner and/or the subject property having the
open house.
(B)
Location of sign is restricted to the street side of the property.
(C)
Signs are not allowed on the golf course frontage or to be visible
from the golf course.
(D)
Signs are not allowed on the waterfront, or view side of properties.
(3)
Manner.
(A)
The maximum area of an OHRS sign shall not exceed six (6) square
feet.
(B)
The maximum height of an OHRS shall not exceed four (4) feet.
(C)
Such sign shall not be illuminated.
(D)
Such sign shall not be placed so as to create a traffic hazard.
(E)
Such sign shall not be placed in any right-of-way.
(F)
Such sign shall not contain balloons, streamers, flags, pennants,
or other wind devices.
(G)
Such sign shall not be placed on a vehicle, fence, pole, tree, or
railing.
(l)
Open house community entrance sign (OHCES).
(1)
Time.
(A)
No sign permit required.
(B)
Signs shall be in place only during hours the house is open, plus
one hour before and two hours after the event. Such sign shall be
used only when a sales person or homeowner or homeowner's agent is
present during the time of the open house.
(C)
Such sign shall not be erected earlier than 8:00 a.m. or later than
6:00 p.m.
(2)
Place.
OHCES shall be located only on private property
with the consent of the property owner. If the property is owned by
an HOA, permission from the HOA is required.
(3)
Manner.
(A)
The maximum area of an OHCES sign face shall not exceed eighteen
(18) inches tall by twenty-four (24) inches wide.
(B)
The maximum height of an OHCES in its frame or stand shall not exceed
twenty-four (24) inches.
(C)
There shall be no more than one (1) OHCES sign per community entrance
at any time.
(D)
A phone number of the current listing agent or homeowner shall be
affixed to the sign. The numbers shall be no larger than one (1) inch
in size shall be affixed to the bottom of the sign. The phone number
gives other realtors or homeowners the ability to identify how long
the sign will be in place.
(E)
Such signs may be placed in HOA-maintained right-of-way.
(F)
Such sign shall not be illuminated.
(G)
Such sign shall not be placed so as to create a traffic hazard.
(H)
Such sign shall not be placed in any right-of-way.
(I)
Such sign shall not contain balloons, streamers, flags, pennants,
or other wind devices.
(J)
Such sign shall not be placed on a vehicle, fence, pole, tree, or
railing.
(m)
Political signs.
(1)
Time.
No sign permit required. Political signs shall
be removed within ten (10) calendar days after the election is decided.
(2)
Place.
Political signs can only be located on private
property with the consent of the property owner. A political sign
shall not be placed or posted:
(A)
Closer than ten (10) feet from the edge of the street pavement.
(B)
Within a designated public easement.
(C)
On any public property unless, a public building is being used as a polling place and in such case: shall abide by the following time, place and manner regulations in regard to “electioneering” which includes the posting, use, or distribution of political signs or literature outside of the area described in section 61.003, subsection (a) of the Texas Election Code:
(i)
Time.
In accordance with Texas Election Code,
section 61.003, signs shall be allowed at polling sites during early
voting periods or on election day. Signs so posted should not be present
outside of the time for voting except for a limited period to erect
and remove the signs. Signs must be removed within twenty-four (24)
hours after the close of the early voting period or the close of the
polls on election day, whichever is applicable.
(ii)
Place.
a.
Political signs shall be located only on private property with
the consent of the property owner. A political sign shall not be erected
within a designated easement or right-of-way.
b.
No signs or campaign literature are permitted on city property,
except as required by Texas Election Code section 61.003 or 85.036.
This prohibition includes all locations, so long as there is no polling
site at that location.
c.
For so long as required by Texas Election Code section 61.003
and 85.036, all public property upon which there is located a polling
place, outside the area described in section 61.003, and within the
area which is allowed to have signs posted shall meet the following
requirements. An area:
1.
That is not within ten (10) feet of the public right-of-way;
2.
That is not on impervious surfaces;
3.
That is not a traffic or safety hazard;
4.
That is attached to a stake not to exceed a nine (9) gauge diameter
[American Wire Gauge standard (AXG)] driven into the ground well clear
of tree roots, irrigation lines and any other underground vegetation
or structures;
5.
Not to be attached to any building or structure;
6.
Not in a landscape bed to include flower beds; and
7.
An area which meets all the requirements of this article.
(iii)
Manner.
Political signs permitted at voting locations
pursuant to Texas Election Code sections 61.003 and 85.036 shall not
exceed six (6) square feet (2x3).
(3)
Manner.
Political signs shall not exceed (8) eight feet
in height measured from the ground to the highest point of the sign.
Political signs shall not exceed thirty-six (36) square feet in area.
Political signs shall not be illuminated. Political signs shall not
contain any moving elements or parts. Political signs shall not be
dilapidated or cause a hazard (LGC section 216.903).
(n)
Residential real estate sign (RRES).
(1)
Time.
No sign permit required. A RRES may be erected
twenty-four (24) hours each and every day.
(2)
Place.
A RRES shall be erected only on the lot on which
the home or property is for sale or lease. A RRES shall be erected
no closer than ten (10) feet from the street pavement.
(3)
Manner.
A RRES shall not exceed six (6) square feet
in area. The maximum height of a RRES shall not exceed four (4) feet.
A maximum of one (1) RRES shall be erected on a lot.
(o)
School sign.
(1)
Time.
No sign permit required. A school sign may be
erected up to seven (7) calendar days prior to the event and shall
be removed no more than forty-eight (48) hours after the conclusion
of the meeting or event.
(2)
Place.
With permission of the owner, a school sign shall
be placed at a private or public school, and/or at an improved property
that has received a certificate of occupancy. A school sign shall
be erected on private property not closer than ten (10) feet from
the edge of any street pavement.
(3)
Manner.
The maximum area of a school sign shall not
exceed six (6) square feet. The maximum height of a school sign shall
not exceed four (4) feet. A school sign shall not contain any balloons,
streamers, pennants, flags, or wind devices.
(q)
Temporary religious sign.
(1)
Time.
No sign permit required. A temporary religious
sign may be erected during times of worship provided that the sign
is placed no earlier than twenty-four (24) hours prior to worship
and removed no later than two (2) hours after worship.
(2)
Place.
A temporary religious sign shall be placed on
private property with consent of the property owner. Temporary religious
signs shall be erected on private property not closer than ten (10)
feet from the edge of any street pavement or designated roadway or
right-of-way.
(3)
Manner.
The maximum area of a temporary religious sign
shall not exceed six (6) square feet. The maximum height of a temporary
religious sign shall not exceed four (4) feet. A temporary religious
sign shall not contain balloons, streamers, flags, pennants, or wind
devices.
(r)
Vehicle sign.
(1)
Time.
No sign permit required. Vehicle signs are allowed
twenty-four (24) hours each and every continuing day.
(2)
Place.
(A)
Vehicle signs are permitted provided that during periods of inactivity
such vehicle is not parked in the right-of-way or placed in a manner
that the vehicle sign is readily visible from an adjacent right-of-way
unless the vehicle is actively being used for loading, unloading,
or delivering goods merchandise or services.
(B)
For sale' signs placed in or on vehicles when the vehicle is parked
or placed in a manner that the vehicle sign is readily visible from
an adjacent public right-of-way are prohibited, with the exception
that one (1) vehicle may contain a 'for sale' sign parked or placed
at an occupied single-family, two-family, townhome, or multifamily
dwelling unit is permitted.
(3)
Manner.
Vehicle signs are permitted provided that:
(A)
The primary purpose of the vehicle is not for display of the sign;
(B)
The sign(s) are painted upon or applied directly (to include magnetic)
to an integral part of the vehicle and designed to be placed on a
vehicle;
(C)
The vehicle is operable, currently registered and licensed to operate
on public streets and actively used in the daily function of the business
to which such signs relates;
(D)
The vehicle is not used as a static display, advertising a product
or service, not utilized as storage, shelter, or distribution points
for commercial products or services for the public; and the vehicle
does not meet the definition of a mobile advertisement sign;
(E)
In districts other than residential, the vehicle shall be parked
behind the front plane of the building if parking allows;
(F)
In districts other than residential, the vehicle shall not be parked
in parking spaces fronting a sixty (60) foot right-of-way or greater.
(s)
Vending machine sign.
(1)
Time.
No sign permit required. Vending machine signs
may be displayed twenty-four (24) hours each and every day.
(2)
Place.
Vending machines displaying vending machine sign(s)
shall not obstruct pedestrian or vehicular traffic.
(3)
Manner.
Vending machine signs shall be directly attached
to a vending machine or gasoline pump. Vending machine signs shall
be flat and shall not project from the vending machine or gasoline
pump. Unless, otherwise, required by federal, state or local laws,
signs that promote products or other items shall not be attached to
light poles, canopy supports, rails, trees, parking signs, vehicles,
or other objects.
(t)
Window sign.
(1)
Time.
No sign permit required, except illuminated window
signs, such as open/closed or hours of operations signs. Illuminated
window signs that exceed twenty-five (25) percent of a window requires
the issuance of a sign permit and shall not be closer than three (3)
feet from a public door. A window sign may be displayed twenty-four
(24) hours each and every continuing day. Illuminated window borders
are prohibited. Unless in conjunction with a federally recognized
holiday such as Christmas in which case such lights may be in place
for thirty (30) days before the holiday and must be removed fourteen
(14) days after said holiday.
(2)
Place.
Window signs shall only be displayed on the inside
or exterior of a window.
(3)
Manner.
Window sign(s) shall be installed on the inside
or outside of a window. The maximum area of a window sign shall not
exceed twenty-five (25) percent of the window where the sign is displayed.
Window signs are limited to one (1) sign per window. Illuminated and
nonilluminated window signs or its appendages shall not blink, strobe,
fade, flash, scroll, or move in any manner. Illuminated window signs
shall remain static and stationary.
(u)
Yard sign.
(1)
Time.
No sign permit required. Yard signs may be erected
twenty-four (24) hours each and every day.
(2)
Place.
Yard signs shall be located only on lots containing
an occupied single-family, two-family, or multifamily dwelling. Yard
signs shall be erected no closer than ten (10) feet from the street
pavement.
(3)
Manner.
Signs advertising the presence of a home security
system shall not exceed one (1) square foot in area. Signs advertising
the arrival of a newborn, the participation of a family member in
a school activity or sport, or the presence of animals shall not exceed
four (4) square feet in area. Seasonal decorations are excluded from
place and manner requirements.
(v)
Zoning sign.
(1)
Time.
No sign permit required.
(A)
The property owner or his/her representative shall erect the sign
on the property fourteen (14) calendar days prior to the first public
hearing scheduled to discuss the applicable zoning case. The property
owner shall be responsible for maintaining the zoning sign on the
property throughout the zoning case;
(B)
The property owner or his/her representative must provide verification
with a photograph that the zoning sign is erected at the property
one (1) week prior to the scheduled planning and zoning commission
meeting date;
(C)
The property owner or his/her representative must remove the zoning
sign;
(i)
Within three (3) calendar days after the city council's approval
of the ordinance that rezones the property;
(ii)
After the planning and zoning commission denies the request,
unless an appeal to the city council is made; or
(iii)
Within three (3) calendar days after the city council denies
the zoning request.
(2)
Place.
(3)
Manner.
(A)
One (1) zoning sign shall be erected adjacent to each street frontage
of the property.
(B)
The area of a zoning sign shall be sixteen (16) square feet.
(C)
The width of a zoning sign shall be four (4) feet.
(D)
The zoning sign shall be constructed in accordance with the city's
design standards for zoning signs (which is included in the application
packet).
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
For the purpose of this article, the words below shall have
definitions as defined in this article, whether or not capitalized
unless the context clearly requires another meaning, ascribed to them
and the requirements and regulations set forth for each shall apply
in the city and its extraterritorial jurisdiction:
(1)
A-frame sign.
(A)
Time.
A sign permit is required.
(i)
The sign permit number, in numerals not less than one (1) inch in
height shall be permanently affixed on the sign for the purpose of
inspection. A sign permit shall not be issued to install or display
an A-frame sign until a certificate of occupancy has been issued for
the place of business that elects to display the sign.
(ii)
After the issuance of a sign permit, an A-frame sign may be
displayed only during the business hours of the permit holder and
must be stored within a structure after business hours.
(B)
Place.
(i)
A-frame signs are permitted in commercial zones.
(ii)
A-frame signs must be located a minimum of three (3) feet from
any curb of any adjacent street. A-frame signs must be placed on a
sidewalk or adjacent to a sidewalk.
(iii)
A-frame signs must provide an unobstructed pedestrian clearance
of at least five (5) feet in width.
(iv)
An A-frame sign shall not be placed m any manner to interfere
with vehicular traffic or cause a hazard.
(v)
An A-frame sign shall not be placed in any median.
(vi)
An A-frame sign shall not be placed within a utility or right-of-way
easement.
(C)
Manner.
(i)
The maximum area of an A-frame sign is six (6) square feet per side.
(ii)
An A-frame sign shall not be closer than twenty (20) feet to
another A-frame sign.
(iii)
A maximum of one (1) A-frame sign may be placed per business
or tenant on the property and located on the ground floor and facing
a public street.
(iv)
Within the specified maximum dimensions, creative shapes that
reflect the theme of the business is encouraged (i.e. ice cream shops
may display a sign in the shape of an ice cream cone).
(v)
The sign must be constructed of materials that present a finished
appearance (rough-cut plywood is not acceptable. The sign lettering
should be professionally painted or applied; a “yard sales”
or “graffiti” look with hand painted or paint stenciled
letters is not acceptable). The written message of the sign should
be kept to the minimum necessary to communicate the name of the business
or a special message of the business.
(vi)
Any person erecting an A-frame sign shall indemnify and hold
harmless the city and its officer, agents, and employees from any
claim arising out of the present of the sign on city property or rights-of-way.
(vii)
A-frame signs shall only be displayed during the displaying
establishment's hours of operation and shall be stored within the
business when the business is closed.
(viii)
A-frame signs shall not be permanently anchored to the ground.
(ix)
A-frame signs shall not be illuminated.
(x)
A-frame signs shall not be placed so as to block private driveways,
alleys, or walkways.
(2)
Awning sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect or place an awning sign onto an awning at a
property until a site plan is approved by the planning and zoning
commission for development of the property and after the issuance
of building permit or certificate of occupancy.
(B)
Place.
In no case shall the supporting structure of
an awning sign extend into or over the right-of-way. An awning sign
may be allowed in a planned development. No building shall have both
a wall sign and an awning sign on the same building face.
(C)
Manner.
The maximum height of an awning sign shall not
exceed four (4) feet. The width of an awning sign shall not exceed
seventy-five (75) percent in length of any side of an awning. An awning
sign shall only be permitted in conjunction with a nonresidential
use or in a nonresidential zoning district. An awning sign shall be
secure and may not swing, sway, or move in any manner. An awning sign
shall not contain any moving devices.
(3)
Awning sign attachments.
(A)
Time.
A sign permit is required. Structural drawing(s),
as required by the director of development services, sealed by a licensed
engineered must be submitted with the permit application.
(B)
Place.
Awning sign attachments shall only suspend from
or extend above the edge of a pedestrian awning. Awning sign attachments
installed for pedestrian display located and attached on the underside
of a pedestrian awning shall be centered.
(C)
Manner.
Awning sign attachments shall have a maximum
height of twelve (12) inches. Suspended or extended awning sign attachments
shall not alternate up-and-down at a business' storefront. Suspended
awning sign attachments suspended over a pedestrian awning shall maintain
a nine (9) foot clearance from pedestrian grade measured from the
lowest hanging portion of the attachment. Awning sign attachments
shall not swing, sway, or move in any manner. The structural-engineering
of awning sign attachment must be approved by the city before a sign
permit can be granted. Awning sign attachments shall not be used in
conjunction with an awning sign. Only one type of awning sign attachment
shall be used per storefront.
(4)
Banner.
(A)
Time.
(i)
A sign permit is required for each fourteen (14) calendar day display
period as described below. The sign permit placard must be displayed
in a conspicuous place visible from the street for the purpose of
walk-up inspection. A sign permit shall not be issued to display a
banner at a property until a site plan is approved by the planning
and zoning commission for development of the property and a building
permit is issued.
(ii)
One (1) banner sign may be placed on a building for four (4)
fourteen (14) calendar day periods per calendar year. The periods
may be combined.
(iii)
Each suite within a retail development shall be considered a
building and, therefore, shall be allowed to erect a banner accordingly.
(iv)
New businesses shall be permitted to place a banner on their
building prior to the issuance of a certificate of occupancy with
the issuance of a sign permit from the director of development services.
A new business shall be permitted to place one (1) banner on their
building storefront up to six (6) weeks after the date of a certificate
of occupancy with the issuance of a sign permit. Banner(s) displayed
before and immediately following the date of the certificate of occupancy
shall not count against the allowances for the four (4) fourteen (14)
calendar day periods within a calendar year.
(v)
Exemption: Religious organizations that temporarily operate in a
school or other nonreligious facility may erect a banner no earlier
than twenty-four (24) hours before worship and must be removed no
later than two (2) hours after worship without the issuance of a sign
permit.
(B)
Place.
A banner shall be securely attached to the front,
side or rear face of a building (securely attached is defined as a
minimum of four comers attached to the structure). A banner shall
not face a residential neighborhood, unless separated by a major thoroughfare.
However, banners are permitted only in conjunction with a nonresidential
use or in a nonresidential zoning district. With permission from the
director of parks and recreation, special event coordinator or their
designee, banners may be erected during social or athletic events
at a public park or other city-owned property attached to pavilions,
fences, vehicles, stakes, rails, or poles up to two (2) hours prior
to the start of the event and shall be removed no later than one (1)
hour after the conclusion of the event.
(C)
Manner.
A banner shall not exceed forty-eight (48) square
feet in area, except that at an individual business with a floor area
of fifty thousand (50,000) square feet or greater, a banner shall
not exceed one hundred (100) square feet in area. A banner shall be
placed where it blocks or impedes use of any pedestrian traveled way.
(5)
Canopy sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, install or place a canopy sign on a property
until a site plan has been approved by the planning and zoning commission
for development of the property and after the issuance of a building
permit for a building on the property.
(B)
Place.
Canopy signs may only be erected on the two (2)
sides of the canopy band that face a public street.
(C)
Manner.
Canopy signs may not exceed fifteen (15) square
feet in size. Canopy signs must be attached directly to or painted
on the exterior face of the canopy band and shall not project more
than eighteen (18) inches from the canopy band. Only the canopy band
may be illuminated, not the entire canopy. Canopy signs attached or
applied to a canopy shall not extend above or below the canopy band.
Canopy signs shall only contain the name and/or logo of the company.
Canopy signs cannot display pricing or sales specials.
(6)
Commercial real estate sign (CRES).
(A)
Time.
A sign permit is required. The sign permit number,
date installed, and sign contractors name shall be placed on the CRES
in characters no less than one (1) inch in height in a conspicuous
place for the purpose of walk-up inspection. A CRES requires removal
within ten (10) calendar days after the sale or lease of a property
or business.
(B)
Place.
A CRES shall be located no closer than fifteen
(15) feet to any property line. A maximum of one (1) CRES per property
shall be placed on a lot. For a property with more than five hundred
(500) feet of single street frontage, more than one CRES is allowed,
provided, that each CRES is spaced a minimum of two hundred (200)
feet from other signs. For a property with frontage on more than one
street, a CRES is allowed on each frontage. A CRES shall not face
a residential neighborhood, unless separated by a major thoroughfare.
(C)
Manner.
A CRES shall not exceed thirty-two (32) square
feet in area. A ground mounted CRES shall not exceed eight (8) feet
in height. Wall-mounted CRES can be of any material. All CRES signs
shall be painted with earth tones or neutral color backgrounds. A
CRES shall not be used to advertise the lease of multifamily dwelling
units.
(7)
Grand opening balloon(s) and/or balloon arrangement.
(A)
Time.
A sign permit is required. Grand opening balloon
arrangements shall only be displayed during a grand opening at a business.
Grand opening balloon(s) and/or balloon arrangements require removal
within two (2) hours after the conclusion of the grand opening.
(B)
Place.
Grand opening balloon arrangements shall only
be displayed within twenty (20) feet of the business' public entrance
that has obtained a permit for a grand opening. Grand opening balloon
arrangements shall not be placed or displayed in front of (or at)
other businesses. Grand opening balloons and/or balloon arrangements
shall not be attached to parking signs, bicycle stands, benches, trees,
fences, poles, railings, vehicles, existing signage, display items,
other structures, or placed in required parking spaces. Grand opening
balloons and/or balloon arrangements shall not block pedestrian or
vehicular visibility or cause a safety hazard.
(C)
Manner.
Grand opening balloon arrangements may not exceed
twenty (20) feet in height. Grand opening balloons arrangements must
be secured to the ground.
(8)
Inflatable device signs (IDS).
(A)
Time.
A sign permit is required, the sign permit must
be displayed in a conspicuous place visible from the street for the
purpose of walk-up inspection. A sign permit shall not be issued until
the city has issued a certificate of occupancy for the business that
elects to display an IDS. One (1) IDS may be erected on a lot for
no more than two (2) seven (7) calendar day periods per calendar year.
A business can only display one (1) IDS at a time. In the case of
multiple businesses or tenants located on a single lot, each business
is allowed to erect an IDS on the lot for two (2), seven (7) calendar
day periods, provided that not more than one (1) IDS is installed
along any street frontage at the same time. One (1) IDS per street
frontage may be installed each time.
(B)
Place.
An IDS shall not be located in required parking
places, or driveways that provide access to parking spaces or fire
lanes, nor shall any IDS or its securing devices encroach into a right-of-way.
IDS are only permitted within a nonresidential zoning district.
(C)
Manner.
An IDS shall be secured directly to, and not
suspended or floating from, the ground. An IDS shall not be placed
on a roof, canopy, parking garage, or awning, or suspended or floating
from any building or garage. The maximum height of an IDS shall not
exceed thirty (30) feet. One (1) banner may be applied to an IDS.
A banner applied to an IDS shall count toward the allotted number
of banners during a calendar year. The maximum area of a banner applied
to an IDS shall not exceed forty-eight (48) square feet. An IDS shall
not be installed within two hundred (200) feet from another IDS measured
in a straight line in any direction. Cloud buster balloons, blimps,
wind devices or any similar type of apparatuses are not an IDS. Location
of power source must be identified in the sign permit application.
(9)
Kiosk (panel) sign 1 (KPS1).
(A)
Time for KPS-1.
On properties generally located at the
intersection of two (2) major thoroughfares, kiosk (panel) signs are
permissible subject to the following conditions and upon the issuance
of a sign permit.
(B)
Place for KPS-1.
Kiosk (panel) signs shall be placed
on a property located at the intersection of two (2) major thoroughfares
as defined and illustrated on the city's thoroughfare plan as it currently
exists or may be amended. Kiosk (panel) signs shall be placed a minimum
of two hundred (200) feet and a maximum of four hundred fifty (450)
feet from the intersecting right-of-way line, or in other locations
approved by the city manager or his or her designee. Kiosk (panel)
signs may be placed in the right-of-way.
(C)
Manner for KPS-1.
Kiosk (panel) signs shall be designed
in accordance with the following design standards:
(i)
A maximum of eight (8) kiosk (panel) signs are permitted at an intersection.
Two (2) kiosk (panel) signs are permitted on each street comer (facing
two directions of traffic).
(ii)
The kiosk (panel) sign and its panels shall be of steel construction
or wood construction painted with exterior oil-based paint.
(iii)
The cost of production, installation, maintenance, and relocation
or removal of the kiosk (panel) sign shall be the responsibility of
the permittee, or, if located on private property, the permittee and
the property owner shall have joint and severable liability.
(iv)
The maximum height shall not exceed twelve (12) feet.
(v)
The maximum width shall not exceed eight (8) feet.
(vi)
The maximum number of placards per sign shall be eight (8) per
sign facade.
(vii)
The color of the panels and the letters shall be uniform throughout
the entire city.
(10)
Kiosk (panel) sign 2 (KPS2).
(A)
Time for KPS-2.
A kiosk (panel) sign may be erected
on a property within a platted single-family or two-family subdivision
after approval of the final plat of the property.
(B)
Place for KPS-2.
(i)
Kiosk (panel) signs may be placed within the platted limits of a
single-family or two-family residential subdivision. Kiosk (panel)
signs approved as part of a sign coordination plan may be placed outside
the platted limits of a single-family or two-family residential subdivision
on a property of the same ownership as the developing subdivision.
(ii)
Kiosk (panel) signs may be placed in the right-of-way.
(C)
Manner for KPS-2.
(i)
A sign coordination plan must be approved by director of development
services for the placement of kiosk (panel) signs within a single-family
or two-family residential subdivision prior to issuance of a sign
permit.
(ii)
The maximum height shall not exceed ten (10) feet.
(iii)
The maximum width shall not exceed six (6) feet. A kiosk (panel)
sign and its panels shall be of steel construction or wood construction
painted with exterior oil-based paint.
(iv)
The color of the panels and the letters shall be uniform throughout
the entire residential subdivision.
(v)
The cost of production, installation, and maintenance of the kiosk
(panel) signs shall be the responsibility of the developer or homeowners'
association.
(11)
Menu board sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect or place a menu board sign on a property until
a site plan is approved for development of the property and after
issuance of a building permit for a building on the property.
(B)
Place.
A menu board sign is permitted only in conjunction
with a nonresidential use or in a nonresidential zoning district.
The minimum front building setback is twenty-five (25) feet from the
property line.
(C)
Manner.
(i)
Drive-thru menu board sign.
A menu board sign
shall be supported from the grade to the bottom of the sign having
or appearing to have a solid base. The design, materials, and finish
of a menu board sign shall match those of the building(s) on the same
lot. One (1) menu board sign is permitted per drive-thru use. The
maximum area of a menu board sign is sixty (60) square feet. The maximum
height of a menu board sign is six (6) feet.
(ii)
Drive-thru pre-order sign.
A drive -thru pre-order
sign shall be supported from the grade to the bottom of the sign having
or appearing to have a solid base. The design, materials, and finish
of a drive-thru per-order sign shall match those of the building(s)
on the same lot. One (1) drive-thru pre-order sign is permitted at
the entrance of the drive-thru lane on a lot. The maximum area of
a drive-thru pre-order sign is twenty-four (24) square feet in area.
The maximum height of a drive-thru pre-order sign is six (6) feet.
(iii)
Drive-in menu board sign.
A drive-in menu board
sign shall be supported from the grade to the bottom of the sign having
or appearing to have a solid base. If the drive-in stalls are covered
by a canopy, the drive-in menu board signage may be attached directly
to the canopy support columns. The design, materials, and finish of
a drive-in menu board sign shall match those of the building(s) on
the same lot. One (1) drive-in menu board sign is permitted per ordering
station. The maximum area of a drive-in menu board sign is nine (9)
square feet in area. The maximum height of a drive-in menu board sign
is six (6) feet.
(12)
Model home sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued until and after final acceptance of the subdivision
by the city, a final plat has been recorded at the county and after
a building permit is issued for construction of a dwelling model home
or temporary sales trailer.
(B)
Place.
A model home sign is permitted on a lot that
has been issued a building permit for construction of a residential
dwelling or temporary sales trailer. One (1) model home sign is allowed
per residential lot. The minimum front setback of a model home sign
shall be five (5) feet from the property line. The minimum side or
rear setback of a model home sign shall be ten (10) feet from the
property line.
(C)
Manner.
The maximum area of a model home sign shall
not exceed thirty-two (32) square feet. A model home sign shall be
supported from the grade to the bottom having a solid masonry base.
All decorative embellishment borders and/or masonry borders will not
be included in the calculation of the total area of a model home sign,
but shall not exceed 12 inches in width. The maximum height of a model
home sign shall not exceed four (4) feet. The average finished grade
of the lot shall not be altered to increase the height of a model
home sign. Model home signs shall not contain neon or prohibited lights.
(13)
Monument (individual) sign (MIS-1).
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, install or place a MIS-1 on a property until
a site plan has been approved for development of the property and
after the issuance of a building permit for a building on the property.
(B)
Place.
MIS-1 are permitted in nonresidential zoning
districts and in residential zoning districts so long as it is located
on a lot within that residential district containing an apartment
complex, daycare facility, school, community center, amenity center,
marketing center, or religious facility. A MIS-1 is permitted on the
same lot as a unified development monument sign (UDMS), but the total
number of UDMSs and MIS-1s located within a unified development zone
shall not exceed the number of lots located within the unified development
zone. The total number of signs shall not be permitted to exceed the
total number of lots in the unified development zone when additional
MIS-1s or UDMSs are permitted on a property. The minimum front yard
setback for a MIS-1 is fifteen (15) feet from the property line. The
minimum side and rear setback from the property line shall be equal
to the height of the MIS-1.
(C)
Manner.
(i)
The design, materials and finish of an MIS-1 shall match those of
the buildings on the same lot. A MIS-1 shall contain minimum one (1)
foot masonry with mortar border around all sides. An MIS-1 constructed
entirely of masonry materials, as defined in the city's zoning ordinance
as it currently exists or may be amended, shall satisfy the one (1)
foot masonry border requirement. Backlit MIS-1s shall be inset into
the pedestal rather than attached or applied to the pedestal.
(ii)
MIS-1s constructed in conjunction with UDMSs and monument (individual)
sign-2 (MIS-2) shall be consistent with the building elements and
materials of UDMSs within the unified development, and MIS-2s on the
same lot and within the unified development. Architectural embellishments
are also encouraged and may be considered through the review of a
sign coordination plan.
(iii)
A lot is allowed a maximum of one (1) MIS-1 per street frontage.
(iv)
The maximum area of an MIS-1, including the 1-foot masonry border,
is sixty (60) square feet.
(v)
The maximum height of a MIS-1 is eight (8) feet. The average finished
grade of the property shall not be altered to increase the height
of a MIS-1 sign.
(vi)
MIS-1s are permitted to contain electronic variable message
display subject to the following conditions:
a.
Variable message monument displays shall only be permitted on
lots adjacent to a major thoroughfare or greater as designated in
the city's thoroughfare plan, as it currently exists or may be amended.
b.
Variable message monument displays shall only be permitted m
nonresidential zoning districts.
c.
Variable message displays integrated into wall signs are also
permitted, but only one (1) variable message display, either monument
or wall, is permitted per lot.
(14)
Monument (internal) signs (MIS-2).
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, install or place a MIS-2 on a property until
a site plan has been approved by the planning and zoning commission
for development of the property and after the issuance of a building
permit for a building on the property.
(B)
Place.
A MIS-2 is permitted only in conjunction with
a nonresidential use or in a nonresidential zoning district. Minimum
front setback - MIS-2 must be set behind the front building line.
The minimum rear and side yard setback shall be equal to the height
of the sign.
(C)
Manner.
(i)
The design, materials, and finish of MIS-2s shall match those of
the building's facade on the same lot. MIS-2s constructed in conjunction
with UDMSs and/or MIS-1s shall be consistent with the building elements
and materials of the UDMSs within the UDMSs and MIS-1s on the same
lot and within the unified development.
(ii)
If a property averages more than two (2) MIS-2s per acre, a
sign coordination plan must be approved prior to placement of the
MIS-2s.
(iii)
The maximum area of a MIS-2 is six (6) square feet.
(iv)
The maximum height of a MIS-2 is thirty (30) inches.
(15)
Monument (unified development) sign (UDMS).
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, install or place a UDMS on a property until
a sign coordination plan has been approved and a subdivision plat,
general development plan, or a site plan for the property has been
approved, and after issuance of a building permit for a building within
the unified development zone.
(B)
Place.
(i)
UDMS shall be located within a unified development zone.
(ii)
A UDMS is permitted on the same lot as an MIS-1, but the total
number of UDMSs and MIS-1 located within a unified development zone
shall not exceed the number of lots located within the unified development
zone.
(iii)
The minimum front setback for a UDMS is fifteen (15) feet from
the property line.
(iv)
No minimum side yard and rear yard setbacks are required for
a UDMS, but a UDMS shall not be located closer than seventy-five (75)
feet to another UDMS or an MIS-1.
(C)
Manner.
(i)
A UDMS shall be constructed of materials and a design consistent
with the buildings located on the property. A UDMS shall contain a
minimum one (1) foot masonry border around the sign. A UDMS constructed
entirely of masonry materials shall satisfy the border requirement.
(ii)
The maximum area of a UDMS shall be based on the size of the
unified development zone. The maximum area of a UDMS for a development
zone of ten (10) acres or less is eighty (80) square feet. For every
whole acre over ten (10) acres, the area of the UDMS may be increased
by ten (10) square feet with the maximum area of a UDMS being one
hundred twenty (120) square feet.
(iii)
For tracts 30 acres or larger designated as a unified development
zone adjacent to the Dallas North Tollway (DNT) the maximum area of
a unified development sign shall be two hundred forty (240) square
feet. No more than fifty-five (55) percent of the area of the unified
development sign may be used for the cabinet or text area displaying
the development's tenants; and the name of the subdivision or development
may be displayed on the unified development sign, but shall not exceed
twenty (20) percent of the area of the unified development sign.
(iv)
The maximum height of a UDMS is sixteen (16) feet; if adjacent
to DNT the maximum height is twenty (20) feet.
(v)
Architectural embellishments for UDMSs are encouraged. Exceptions
in maximum height and area to allow for architectural embellishments
may be considered through the review of a sign coordination plan.
(vi)
One (1) UDMS is permitted per street frontage of the unified
development zone. One (1) additional UDMS is permitted along a street
for each additional seven hundred fifty (750) linear feet, or portion
thereof, of street frontage that exceeds seven hundred fifty (750)
linear feet of street frontage.
(vii)
Prior to city consideration of a unified development zone, all
property owners located within a proposed unified development zone
must submit notarized letters to the city authorizing the creation
of the unified development zone. A lot shall only be included in one
unified development zone.
(viii)
Variable messages displays are permitted, but only one (1) variable
message display, either monument sign or wall sign is permitted per
lot.
(16)
Municipal banner.
(A)
Time.
Written permission from the city manager or his/her
designee is required. No time restriction.
(B)
Place.
A municipal banner may be erected on any city-owned
property, including but not limited to pavilions, fences, walls, vehicles,
poles and light poles, and/or any other structure or apparatus approved
by the city manager or his/her designee.
(C)
Manner.
Municipal banners shall not be faded, tattered
or torn.
(17)
Mural.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to paint, draw, apply or place a mural on a property
until a site plan is approved for development of the property and
after issuance of a building permit for a building on the property.
A sign coordination plan shall be approved by development services
prior to placement of a mural.
(B)
Place.
A mural shall be located above grade and below
a roof and only be located within a nonresidential zoned district.
Murals shall not be applied to a roof or other similar cover of a
building or structure.
(C)
Manner.
The maximum area of a mural shall not exceed
the length or height of the exterior wall on which it is painted,
drawn or applied. A mural shall not face a residential neighborhood,
unless separated by a major thoroughfare. Murals are permitted only
in conjunction with a nonresidential use or in a nonresidential zoning
district. Applicants are required to submit proof of ownership and/or
notarized authorization of a mural from the property owner with the
sign application. Murals within the HD, historic downtown district
must receive a certificate of appropriateness from the historic preservation
commission prior to permit issuance.
(18)
Project/development sign (PDS).
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, install or place a PDS on a property until
a general development plan, plat, or site plan has been approved for
development of the property. The sign permit number, date installed,
and sign contractor's name must be placed on the sign in no less than
one (1) inch in height in a conspicuous place on the sign. PDS signs
must be removed when seventy-five (75) percent of the homes in the
subdivision have been issued a building permit A PDS installed on
a nonresidential lot where a contractor requests a final inspection
must be removed prior to the final inspection and issuance of a certificate
of occupancy.
(B)
Place.
The PDS shall be installed no closer than fifteen
(15) feet to any property line. The minimum distance between a PDS
and another PDS is two hundred (200) feet.
(C)
Manner.
The maximum area of a PDS is ninety-six (96)
square feet. The maximum height of a PDS is sixteen (16) feet. A maximum
of one (1) PDS is allowed along a major street frontage per subdivision.
When a subdivision has more than one (1) major thoroughfare, one (1)
PDS may be placed on each major thoroughfare.
(19)
Projecting sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect or install a projecting sign at a property
until a building permit is issued for the building where a projecting
sign is to be attached.
(B)
Place.
A projecting sign is permitted only in conjunction
with a nonresidential use or in a nonresidential district. A projecting
sign may project into the right-of-way, but shall be located a minimum
of three (3) feet back from a curb of any adjacent street or drive.
A projecting sign may extend a maximum of three (3) feet from the
facade of a building. When a projecting sign is constructed over a
pedestrian walkway or drive, a minimum of nine (9) feet clearance
shall be provided between the grade of the sidewalk or drive and the
lowest portion of a projecting sign. A projecting sign shall not extend
above a building wall.
(C)
Manner.
The maximum area of a projecting sign is twelve
(12) square feet.
(20)
Roof (secondary) sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect or place a roof (secondary) sign on a property
until a site plan is approved for development of the property, and
after the issuance of a building permit at the property.
(B)
Place.
A roof (secondary) sign may be erected on a secondary
canopy or a secondary roof over an entry to a building.
(C)
Manner.
The structural or mechanical elements of a roof
(secondary) sign shall not be visible from six (6) feet above the
grade of adjacent streets.
(21)
Subdivision identity sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect or place a subdivision identity sign on a property
until a construction plat is approved for development of the property.
(B)
Place.
All subdivision identity signs shall be located
within the platted limits of a residential subdivision to which it
pertains.
(C)
Manner.
Subdivision identity signs may be in the form
of a sign mounted to a screening wall that does not project from the
facia of the wall more than one (1) inch. Alternative types of a subdivision
identity sign may be approved as part of a sign coordination plan.
The sign coordination plan shall be submitted for review with the
final plat, landscaping, and screening wall plans for review by the
development services department.
(22)
Subdivision monumentation sign.
(A)
Time.
A sign permit and building permit is required.
A building permit and/or sign permit shall not be issued to erect
or place subdivision monumentation on a property until a construction
plat or site plan is approved and issued by the planning and zoning
commission for development of non-residentially zoned property, a
site plan is approved for the development of multifamily or townhome
zoned properties, or a construction plat is approved for development
of single-family or 2-family zoned properties. The requirement to
prepare the fore mentioned plans may be waived should the owner of
the property submit a general development plan for the property that
identifies the proposed signage.
(B)
Place.
Subdivision monumentation placed on private property
shall observe all building line and setback requirements of the governing
zoning district. A nonhabitable monument may encroach into a required
setback provided all visibility clips and easements are observed and
the monument is deemed by city staff not to negatively impact fire
protection of existing or future development. Subdivision monumentation
may be placed in the right-of-way subject to city council approval
and so long as all other requirements of this article and any other
applicable ordinances can be met, excluding TxDOT or other entities
right-of-way unless consent is granted. Subdivision monumentation
may not be erected within an area designated as future right-of-way
on the city's thoroughfare plan, as it currently exists or may be
amended.
(C)
Manner.
The developer of the subdivision monumentation
must provide a plan for future maintenance of subdivision monumentation
to the city for review. The maximum height of subdivision monumentation
shall not exceed the maximum height of the governing zoning district.
(23)
Wall sign.
(A)
Time.
A sign permit is required. A sign permit shall
not be issued to erect, place or install a wall sign on a property
until a building permit has been approved for a building on the property.
(B)
Place.
Wall signs are permitted only in conjunction
with a nonresidential use or in a nonresidential zoning district or
a multi-family use in a multifamily or mixed-use zoning district.
When a wall sign of any character is placed directly on the face of
a wall and constructed over a pedestrian walkway or vehicular drive,
a minimum of nine (9) feet clearance shall be provided between the
grade of the sidewalk or drive and the lowest portion of a projecting
sign. A wall sign may not be erected or placed on a parapet wall,
unless the parapet wall extends around the entire perimeter of the
building at the same elevation. When projections on the wall face
prevent the erection of the sign flat against the wall face, the space
between the back of the sign and the wall shall be closed at the top,
bottom and ends with incombustible materials. For buildings with a
height of five (5) stories or greater (>), a wall sign may extend
above the roofline of the building on which it is attached up to twenty-five
(25) percent of the sign's height. The wall sign must be located on
that portion of the building that is five (5) stories or greater.
Wall signs shall not extend vertically above the highest point of
the roofline above the facade.
(C)
Manner.
(i)
Wall signs are permitted to contain electronic variable message display
subject to the following conditions:
a.
Variable message monument displays shall only be located on lots
adjacent to a major thoroughfare or greater as designated in the city's
thoroughfare plan, as it currently exists or may be amended.
b.
Variable message monument displays shall only be permitted in nonresidential
areas.
c.
Variable message displays integrated into wall signs are also permitted,
but only one (1) variable message display, either monument or wall,
is permitted per lot.
(ii)
The size of wall signs shall be as follows:
a.
Multifamily residential uses, residential condominiums and group
quarters (lodging houses and boarding houses, dormitories, fraternity
and sorority houses) may have identification signs having a total
aggregate area of up to five percent of the area of the facade on
which they are located (CEVM signs prohibited);
b.
Nonresidential uses may have signs with a total aggregate area
of up to ten percent of the area of the facade on which they are located;
c.
Premises containing two or more uses having different standards
under this section shall have the allowable area determined by the
use allowing the greater area;
d.
The allowances may be increased by fifty (50) percent when the
premises will have no freestanding signs.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The construction, placement, existence, use of or advertisement
on signs of the following nature is prohibited:
(1)
Abandoned
sign.
(2)
Audible
sign.
(3)
Balloons
and other floating devices.
(4)
Billboard.
(5)
Cloud
buster balloon and air devices.
(6)
Feather
flag.
(7)
Merchandise
display.
(8)
Moving
sign.
(9)
Neglected
sign.
(10)
Off-location or off-premises sign.
(11)
Pennant.
(12)
Pole sign.
(13)
Portable signs.
(14)
Prohibited signs.
(A)
Any sign not referenced in and/or governed by this article;
(B)
Any sign erected or installed without the issuance of a permit, either
prior to or after the adoption of this article (if a permit was required);
(C)
Any sign that emits odor or visible matter;
(D)
Any changeable electronic variable message sign (CEVMS) or light
emitting diode (LED) billboards located, relocated, or upgraded along
a regulated highway within the corporate limits or extraterritorial
jurisdiction of the city;
(E)
Any sign erected or installed in or over a public right-of-way, access,
maintenance, or utility easement unless permitted within this article;
(F)
Any sign that does not comply with this or other applicable municipal
ordinances, or those which do not comply with federal or state laws;
(G)
Any sign supported by a bench, tree, rock, bridge, public utility
pole;
(H)
Any sign supported by a fence; or
(I)
Any sign not allowed or defined by this article.
(15)
Revolving sign.
(16)
Roof sign.
(17)
Searchlight or skylight.
(18)
Temporary nuisance signs.
(19)
Vacant building sign.
(20)
Wind device.
(21)
Human sign.
(22)
Snipe/bandit signs.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The provisions of this article shall not override a provision
contained in the restrictions of a homeowners' association (HOA) or
property owners' association if that provision is more restrictive
than this article. The restrictions of such an association shall not
override this article if the association restrictions are less restrictive.
The HOA or property managers association is responsible for enforcing
its deed restrictions.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
Nothing in this article is meant to prevent any public safety
organization or agency from setting up and utilizing any type of sign
needed on a temporary basis to protect and enhance public safety solely
at the discretion of the public agency in the performance of its official
duties.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
All
signs must be maintained in a structurally safe condition and in good
repair. A sign shall constitute a nuisance if it injures or threatens
to injure the public health, peace or comfort and is a nuisance per
se or at common law or is otherwise declared to be a nuisance pursuant
to this article. The city shall notify, by certified mail, the responsible
party for any sign that constitutes a nuisance. The responsible party
shall repair or remove the sign or seek an appeal of the nuisance
determination within thirty (30) days of receipt of the notice. If
the responsible party chooses not to take the instructed action or
institute an appeal, the city may repair or remove the sign to the
extent necessary to abate the nuisance. The city may charge to the
responsible party all costs associated with the sign's repair or removal.
An appeal of a nuisance determination shall be to the city council.
(b)
Any
sign which in the judgment of the city manager has become an imminent
hazard to public safety shall be repaired or removed by the responsible
party without delay. Notice of the existence of the hazard shall specify
the maximum time which may be allowed for repairs or removal, and
the notice may be served upon the responsible party by any means available.
A sign which constitutes an imminent hazard and is not repaired or
removed within the time specified in the notice shall be removed by
the city and the cost of such removal shall be charged to the responsible
party. If a sign has been removed by the city as a hazardous sign
and the sign remains unclaimed for a period of more than thirty (30)
days, the city may destroy, sell, or otherwise dispose of the sign.
A sign presents an imminent hazard when it constitutes a nuisance
and necessitates immediate action to avoid harm to the public health
or safety.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Application and fee required.
A variance is written
approval to depart from the strict application of the provisions of
this article. Any person, business or other organization desiring
to continue to construct, reconstruct, place, install, repair, maintain,
relocate, alter or use any sign which does not conform to the provisions
of this article may make application to the planning and zoning commission
and the city council for a variance to the provisions of this article.
The application shall be filed with the city secretary, accompanied
by the appropriate fee established by the city council.
(b)
Standards for variances.
The city council may approve
a variance only if it makes affirmative findings, reflected in the
minutes of the city council's proceedings, as to all of the following:
(1)
The variance will not authorize a type of sign which is specifically
prohibited this article.
(2)
The variance is not contrary to the goals and objectives outlined
by the city comprehensive plan.
(3)
The variance is not contrary to the public interest;
(4)
Due to special conditions, a literal enforcement of the article would
result in unnecessary hardship. Ordinarily, hardship that is self-induced
or that is common to other similarly classified properties will not
satisfy this requirement. Financial or economic hardship alone will
not ordinarily satisfy this requirement;
(5)
The spirit and purpose of the article will be observed, and substantial
justice will be done.
(c)
Conditions of variances.
The city council may impose
such conditions or requirements in a variance as are necessary in
the city council's judgment to achieve the fundamental purposes of
this article. A violation of such conditions or requirements shall
constitute a violation of this article. A variance, if granted, shall
be for a specific event, use or other application of a business and
shall not continue with the property. If a variance is granted and
the activity authorized is not substantially underway within six (6)
months of the date of approval of the variance, the variance shall
lapse and become of no force or effect.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
This article shall not be construed to require or allow any
act which is prohibited by any other ordinance. This article is specifically
subordinate to any ordinance or regulations of the city pertaining
to building and construction safety or to pedestrian and traffic safety.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
No person shall acquire any vested interest in this article
or any specific regulations contained herein. This article and any
regulation enacted hereby may be amended or repealed by the city council
in the manner provided by law.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
five hundred ($500.00) dollars, except that the fine for a violation
that relates to fire safety or public health and sanitation may not
exceed two thousand ($2,000.00) dollars. Each day that a provision
of this article is violated shall constitute a separate offense. An
offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city's right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates the article
or to require specific conduct that is necessary for compliance with
the article;
(2)
A civil penalty up to two hundred fifty ($250.00) dollars a day,
except that a fine for a violation that relates to fire safety or
public health and sanitation may not exceed one thousand ($1,000.00)
dollars, when it is shown that the defendant was actually notified
of the provisions of the article and after receiving notice committed
acts in violation of the article or failed to take action necessary
for compliance with the article; and
(3)
Other available relief.
(d)
Removal.
In addition to remedies otherwise provided
in this article, whenever the city has evidence of a sign which after
the effective date of this article was constructed, reconstructed,
placed, installed, repaired, maintained, relocated, altered or used
in violation hereof, or is otherwise in violation hereof, the city
manager shall require the party responsible for such sign to remove
it. If the responsible party fails to remove the sign within seventy-two
(72) hours after being notified to do so, or if it appears to the
city manager that the sign poses an immediate danger to the public,
then such sign may be removed by the city and the city's actual cost
of removal shall be charged to the responsible party. Any sign so
removed shall be impounded and shall not be returned to the party
responsible until all applicable charges are paid. If any sign remains
unclaimed for a period of more than thirty (30) days, the city may
destroy, sell, or otherwise dispose of the sign.
(e)
Authority.
The city shall have the authority to immediately
remove and dispose of signs deemed in violation of this article if
such signs are placed on or attached to trees, utility poles or pedestals,
or located on any public land or public right-of-way. The city may
enforce this section without notice and without returning the removed
signs to the responsible party.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
(a)
Compliance with zoning ordinance, International Building Code, National
Electrical Code, and other ordinances.
All sign structures
shall comply with the city's comprehensive zoning ordinance, as it
currently exists or may be amended, the International Building Code,
the National Electrical Code, and other city ordinances, as they currently
exist or may be amended. If the standards as described herein are
more restrictive than another ordinance or code, then the provisions
of this article shall apply.
(b)
Visibility.
All signs shall observe all visibility requirements.
Signs shall not be placed within visibility triangles, corner clips,
and V.A.M. (visibility, access, and maintenance) easements as defined
in the city's thoroughfare and circulation design requirements, as
it currently exists or may be amended. Signs shall not create a hazard.
(c)
Signs posted in specified areas.
Unless otherwise permitted
within this article, no person shall post or cause to be posted, attach
or maintain any sign upon:
(1)
Any city-owned property or right-of-way without written permission
of the city manager or his/her designated representative;
(2)
Any utility easement. Should a property owner be able to demonstrate
to the city engineer and/or franchise utility company that there is
no other viable location for a sign other than a utility easement,
a sign may be located within the utility easement subject to written
approval from the city engineer and/or franchise utility company and
subject to the completion of a hold harmless agreement to the city
releasing the city of any liability for repair or replacement of a
sign damaged by work occurring within the utility easement;
(3)
Any tree, utility pole or structure, street sign, rail, or any fence;
(4)
Any fence, railing or wall, except in accordance with the section
regarding wall signs; or
(5)
Any sidewalk within the right-of-way or sidewalk easement, curb,
gutter, or street, except for house numbers or fire lane designation.
(d)
Signs attached to fire escapes.
No sign shall be attached
in any manner to any fire escape or to the supporting members of any
fire escape, nor shall it be guyed to or supported by any part of
a fire escape.
(e)
Accumulation of rainwater.
All signs shall be constructed
to prevent the accumulation of rainwater in the sign.
(f)
Location near telephone cable, power line, or streetlight.
No sign shall be erected nearer than two (2) feet from any telephone
cable, power line or any streetlight standard.
(g)
Signs not to block or interfere with exits or windows, or pedestrian
and vehicular traffic.
No sign shall be erected to block,
partially block, or interfere in any way with a required means of
exit from any building nor with any window. No sign shall block, interfere,
or otherwise hinder pedestrian or vehicular traffic on a public sidewalk,
a public thoroughfare, a fire lane easement, or a driveway required
to access parking.
(h)
Glass signs over public property or pedestrian area.
Signs constructed of glass or other materials which may shatter upon
impact are prohibited over a public right-of-way or pedestrian area.
(i)
Identification marking required.
All signs that require
the issuance of a permit after adoption of this article shall have
attached, written, or painted in a weatherproof manner and in a conspicuous
place thereon, in letters not less than one (1) inch in height, the
date of erection and the sign permit number on the sign.
(j)
Assumed wind load for design purposes.
For the purposes
of design of structural members in signs, an assumed wind load of
twenty (20) pounds per square foot shall be used.
(k)
Multiple signs on a property or building.
The permitting
of a sign on a property or building shall not preclude the permitting
of other types of signs on a property or building, unless the signs
are expressly prohibited herein.
(l)
Exemptions.
Signs located within a building, with the
exception of window signs, shall not be regulated by this article.
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
The area of an individual sign shall be calculated as follows.
(1)
Single-faced signs.
Sign area shall include the entire
area within a single continuous perimeter composed of squares or rectangles
with no more than eight (8) lines that enclose the extreme limits
of all sign elements, including, but not limited to, sign structures
or borders, written copy, logos, symbols, illustrations, and color.
Supporting structures such as sign bases and columns are not included
in sign area provided that they contain no lettering or graphics except
for addresses or required tags. The calculation of sign area for various
types of single-faced signs is illustrated in figure 1.
|
Figure 1
 |
(2)
Double-faced signs.
Where two faces of a double-faced
sign are located two feet or less from one another at all points or
located at an interior angle of forty-five (45) degrees or less from
one another, the sign area shall be computed as the area of one face.
Where the two faces are not equal in size, the larger sign face shall
be used. Where two faces of a double-faced sign are located more than
two (2) feet or forty-five (45) degrees from one another, both sign
faces shall be counted toward the sign area. See figure 2.
|
Figure 2
 |
(3)
Multi-faced signs.
On a three-faced sign, where at least
one interior angle is forty-five (45) degrees or less, the area of
two (2) faces (the largest and smallest face) shall be summed to determine
sign area. In all other situations involving a sign with three or
more sides, sign area shall be calculated as the sum of all faces.
(4)
Three-dimensional signs.
Signs that consist of, or have
attached to them, one or more three-dimensional objects (i.e., balls,
cubes, clusters of objects, sculpture, or statue-like trademarks),
shall have a sign area of the sum of all areas using the four vertical
sides of the smallest cube that will encompass the sign. See figure
3.
|
Figure 3
 |
(5)
Sign area measurement.
The measurement of sign area
to determine compliance with the sign area limitations of this article
shall be calculated by enclosing the extreme limits of all framing,
emblem, logo, representation, writing, or other display within a single
continuous perimeter composed of squares or rectangles with no more
than eight lines. See figure 4.
|
Figure 4
 |
|
Figure 5
 |
|
Figure 6
 |
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18)
Changeable copy/electronically activated signs shall be permitted
subject to the applicable provisions within the zoning districts in
which they are located as well as the following:
(1)
Such
signs shall display static images for a period of:
(A)
Eight (8) seconds on any sign located within four hundred (400) feet
of a freeway or tollway travel lane, on any sign the illuminated face
of which is visible from a freeway travel lane, or along travel lanes
where the speed limit is greater than forty (40) miles per hour; or
(B)
Five (5) seconds on any other sign.
(2)
Variable
message signs shall not be animated, flash, travel, blink, fade, or
scroll. Variable message signs shall transition instantaneously to
another static image. Each sign message shall be complete in itself
and shall not continue on a subsequent sign message.
(3)
In
all zoning districts such signs shall come equipped with automatic
dimming technology, which automatically adjusts the sign's brightness
based on ambient light. Signs existing prior to June 1, 2018 shall
only be required to include automatic dimming technology upon any
upgrade or retrofit of the existing sign.
(4)
Variable
message monument signs are permitted to contain time and temperature
displays. The time and temperature shall remain static for not less
than five (5) seconds.
(5)
Changeable
copy/electronically activated signs may only encompass up to 50 percent
of the permitted sign copy area for all sign types except for MIS-1,
monument (individual) signs which may encompass 100% of their permitted
sign copy area.
(6)
Such
signs shall not exceed a brightness level of 0.3 footcandles above
ambient light as measured by the guidelines below:
(A)
At least thirty (30) minutes past sunset, use a footcandle meter
to record the ambient light reading for the area. This is done while
the digital sign is off or displaying all black copy.
(B)
Take a reading using footcandle meter at five (5) feet above grade
and one hundred (100) feet from the sign.
(C)
The meter shall be aimed directly at the digital sign.
(D)
Turn the sign on and illuminated entirely in white or red.
(E)
Take a reading using a meter at five (5) feet above grade and one
hundred (100) feet from the sign.
(F)
The meter shall be aimed directly at the digital sign.
(G)
Take the reading from (5) of this section and subtract the reading
from (2) of this section. If the result is 0.3 footcandles or lower,
than the sign is in compliance. If the result is greater than 0.3
footcandles, the sign is out of compliance and must be adjusted to
meet standards or turned off until compliance can be met.
(H)
All measurements shall be taken in footcandles.
(7)
Exception.
Temporary signs required by government agencies
for road and street repairs, public notifications, traffic control,
and similar activities.
|
Figure 7
 |
|
Figure 8
 |
|
Figure 9 Definition Sign Examples
 |
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 |
 |
 |
(Ordinance 2018-05-14-05, sec. 2,
adopted 5/14/18; Ordinance 2022-04-21-01 adopted 4/21/2022)
