This article provides uniform standards for the erection and
maintenance of signs. All signs not exempted as provided in this article
shall be erected and maintained in accordance with these standards.
The general objectives of these standards are to promote health, safety,
welfare, convenience and enjoyment of the public, and in part to achieve
the following:
(1)
Safety.
To promote the safety of persons and property
by providing that signs do not:
(A)
Create a hazard due to collapse, fire, decay or abandonment;
(B)
Obstruct firefighting or police observation ability;
(C)
Create traffic hazards by confusing or distracting pedestrians or
motorists; or
(D)
Become obstacles that hinder the ability of pedestrians or motorists
to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages provided that:
(A)
Those signs which provide public safety messages and information
are given priorities;
(B)
Businesses and services can identify themselves;
(C)
Customers and other persons can locate a business or service;
(D)
No person or group is arbitrarily denied the use of the sight lines
from the public rights-of-way for communication purposes;
(E)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore such messages, according to the observer’s purpose; and
(F)
The right of free speech is preserved and exercised through the use
of signs.
(3)
Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the landscape,
by providing that signs:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using the public rights-of-way;
(C)
Do not create a nuisance to occupants of adjacent and contiguous
property by their brightness, size, height, or movement;
(D)
Are not detrimental to land or property values;
(E)
Do not contribute to visual blight or clutter; and
(F)
Are architecturally compatible and harmonious with the structure
or tract of land to which they pertain and to neighboring structures,
as well as the city at large.
(Ordinance 07-09-18A, sec. II(a),
adopted, 9/18/07)
The provisions of this section shall apply within the city limits, and within the extraterritorial jurisdiction (ETJ) of the city as defined by the Texas Local Government Code, chapters 6, 22, and 42, and pursuant to the express authority and limitations provided in chapter 216. 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 07-09-18A, sec. II(b),
adopted, 9/18/07)
It shall be unlawful for any person to violate the provisions
of this article.
(Ordinance 07-09-18A, sec. II(c),
adopted, 9/18/07)
(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. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
five hundred dollars ($500.00). 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 this
article or to require specific conduct that is necessary for compliance
with this article, including removal of signs that violate this article
at the expense of the sign owner;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(d)
Other enforcement.
(1)
The city may remove any sign not in compliance with this article
at the sign owner’s expense.
(2)
The appropriate subdivision’s architectural committee, a subdivision’s
property owners’ association (POA) or the owner of any lot or
land in the city may take actions to enforce the conditions of this
article.
(Ordinance 07-09-18A, sec. III,
adopted, 9/18/07)
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases that 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.
The act of calling something to the attention and notice
of the public or selected members of the public, for commercial, entertainment,
or any other communication purpose except the giving of directions
or similar guidance.
Banners or streamers affixed to poles, wires, or ropes, wind
operated devices, flashing lights, and other similar contrivances.
A sign that is backlit and has darker colors to reflect the
illuminating light back against the wall instead of through the letters.
Lighting may be of any type, including LED lighting. This type of
sign is found in the 9600 through 9800 blocks of FM 2147.
A sign, intended to be hung without frames, made of paper,
plastic, or fabric of any kind, which may possess colors, characters,
letters, illustrations, or ornamentations. Flags of governmental jurisdictions,
flags carrying the emblem of a business or institution, and noncommercial
flags on private property are not to be considered a banner for the
purpose of this article.
A sign that is designed for changeable copy, so the characters,
letters or illustrations can be changed or rearranged within a fixed
sign face which advertises a business, organization, event, person,
place or thing whether located or not on the same site (or property)
as the billboard.
The building official of the city or his agent, usually the
development services department of the city.
Any amenities provided by a nonprofit community use, social
institution or public use.
An imaginary line drawn along the outermost part or back
of the curb and gutter on either side of a public street, or, if there
is no curb and gutter, along the outermost portion of the paved roadway,
or if there is no paved roadway, along the outermost edge of the traveled
portion of the roadway.
A point or place intended for entry by vehicles or pedestrians
into a subdivision, distinct portion of a subdivision park, golf course,
amenity, parking lot, shopping area, or similar discreet area within
the city.
To build, construct, attach, hang, place, suspend, or affix,
and shall also include the painting of signs.
Any separate face of a building which encloses or covers
usable space.
The surface of the sign, excluding structural trim or supports,
upon, against, or through which the message is displayed or illustrated
on the sign.
The vertical distance between the highest part of the sign
or its supporting structure or any attached component, whichever is
higher, and the established ground level beneath the sign at the nearest
natural or finished grade, unless curb elevation is higher than the
ground level, in which case the height shall be measured from curb
level.
Any material which will not ignite at or below a temperature
of 1,200 degrees Fahrenheit and will not continue to burn or glow
at that temperature.
A commercial business in which more than one business owner
operates and which meets one or more of the following criteria:
Each business owner owns shares of stock or partnership interest
in a corporation that owns the grounds and building(s);
Each business owner owns his own space under an undivided interest
arrangement or a condominium arrangement;
Each business owner rents/leases his own space within the same
building; or
Each business owner is a member of a merchants association which
contributes to the joint promotional efforts of the center.
A plastic sign face molded into a three-dimensional shape
with internal lighting aimed at the sign face. Internal illumination
is primarily by fluorescent lights. Replacement of lighting is allowed
as maintenance for these signs. This type of sign is found in the
6900 through 7500 blocks of FM2147.
A dwelling built first by a developer or builder to allow
potential purchasers to see what one or more of the finished houses
will look like before all of the homes in the development are completed.
For a house to qualify as a model house, the house must be furnished
with all utilities connected.
A sign that does not conform to the regulations of this or
other city ordinances, but which was placed or constructed in accordance
with city ordinances existing at the time of its placement or construction
or prior to any city ordinances being adopted.
Any marquee, canopy or awning, as further defined in this
article.
The person whose name or business is being advertised on
the sign and the owner of the property, as well as any person responsible
for management of the property upon which the sign is located.
A person receiving a permit pursuant to the provisions of
this article.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any real property which is not subject to an easement or
other encumbrance that allows the city or other political subdivision
to use the property for a public purpose.
A sign denoting only the name, occupation and address of
an occupant in a commercial, public, or institutional building.
That area enclosed by drawing an imaginary line connecting
two points located within fifteen (15) feet of the curbline of any
corner of a street intersection, street/driveway intersection, or
street/alley intersection.
An outdoor structure, display, light device, painting, drawing,
message, plaque, poster, billboard, writing, pictorial representation,
illustration, emblem, symbol, design or other item that is designed,
intended or used to advertise or inform. As used in this article,
the term specifically includes any letters, figures, symbols, trademarks,
or devices designed to inform people or attract the attention of persons
to an individual, firm, profession, business, commodity or service,
and which is recognizable from any public right-of-way, including
any structure or a part thereof, or which is attached to or in any
manner represented on a building or other structure, and is placed
outside in view of the general public and is used for purposes of
advertisement, identification, or expression.
See definition of “unattached sign.”
A sign identifying the farm or ranch on which it is placed
and advertising the produce, crops, animals or poultry raised or kept
thereon.
The largest area of the sign visible at any one time from
any one point enclosed by a single continuous perimeter including
any framing or trim enclosing a message, but not including any structural
parts lying outside the limits of such sign which does not form an
integral part of the message display. The sign area shall be measured
on only one side of a double-faced sign provided that the two faces
are parallel to each other and provided that the faces are the same
size and share a common structural support. In cases where the sign,
or portion thereof, is composed only of letters, figures, or other
characters independently secured to a monolith or not standing against
a sign face background, then the sign face area shall be the sum of
the area of an imaginary figure (circle, triangle, rectangle, or other)
which fully contains all words, figures, devices, designs, or trademarks
which constitute the sign.
An on-premise sign that is mounted or painted on or attached
to an awning, canopy or marquee such that the sign does not project
above, below or beyond the physical dimensions of the awning, canopy,
or marquee.
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 sign attached to, painted on, or otherwise located upon
or made a part of community service amenities including, but not limited
to, benches, trash containers, shuttle stops, shelters and fences.
An on-premises sign that is mounted or painted on or attached
to an awning, canopy or marquee that extends over a public right-of-way
that is attached to or is an extension of a building such that the
sign does not project above, below or beyond the physical dimensions
of the awning, canopy, or marquee. Canopy sign definition shall include
signage associated with gasoline service stations and shall be limited
to gas price, name and company identification.
A permanent on-premises sign, attached or detached, indicating
information such as logo, name of building, name or type of business(es)
and address of the project.
A sign which solicits support for or advertises a nonprofit
community use, social institution, or public use. Such signs may include,
but shall not be limited to, school activities, charitable programs,
religious activities, or location of places or events of community
interest.
Temporary signs placed on a new construction site providing
notice of construction activities as may be necessary for the safety
of workers and visitors to the site and as may otherwise be required
by insurance carriers, OSHA or other governmental authorities.
A temporary sign placed on a new construction site identifying
the project, and/or identifying the property owner, architect, contractor,
developer, engineer, landscape architect, decorator or mortgagee engaged
in the design, construction or improvement of the premises on which
the sign is located and may include other information regarding the
project.
A sign which solicits support for or advertises a nonprofit
community use, social institution, or public use. Such signs may include,
but shall not be limited to, school activities, charitable programs,
religious activities, or location of places or events of community
or tourist interest and may include business advertising provided
that the same shall constitute not more than 25% of the sign.
A sign, which is unsafe, unsecured, disfigured, or broken.
A sign that is freestanding, the primary purpose of which
is to direct a person to any specific location in the city or within
its subdivisions. For example, the directional sign at the entrance
to HSB West could include the following (among others): Cap Rock Club
House, Applerock Golf Course and Pecan Creek. Advertising is not allowed
on any directional sign.
An advertising structure with two closely located signs with
faces in opposing directions, with less than a 15 degree angle between
the sign faces. Any structure with more than a 15 degree angle between
sign faces will constitute two signs.
An electronic sign that uses light emitting diodes to display
an image, which can look much like a television screen.
A sign that is affixed to or painted on any fence and which
uses a component of the fence as its means of support or background.
See also the definition of a wall fence. A fence sign may be considered
a wall sign even if it has more than one surface for display/advertising.
A sign, the direct or indirect illumination of which is not
constant in intensity when in use, but not including illuminated signs
that indicate the date, time or temperature, or other public service
information, shall be considered a flashing sign.
Signs that advertise freestanding service facilities.
A sign indicating a public works project, or other program
or activity conducted or required by any governmental subdivision.
This is also considered a community service sign.
A sign which is secured to the ground, and which is not affixed
to a building. Secured is defined in the definition of “unattached
signs.”
Any sign which has characters, letters, figures, designs
or outlines 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 memorial sign or tablet, name of a building, or date of
erection when cut into any masonry surface or when constructed of
bronze or other incombustible material mounted on the face of a building.
A sign hung from or affixed to a marquee. it shall be synonymous
with a canopy sign.
A permanent ground sign independent of the principal building
or structure on the property generally cast out of stone, brick or
cast concrete material supported on a concrete foundation across the
entire base of the structure.
Any sign which moves or has moving parts.
A sign, including a billboard, displaying advertising copy
that pertains to a business, person, organization, activity, event,
place, service, or product not principally located or primarily produced,
manufactured or sold on the premises on which the sign is located.
The term also includes a sign that does not refer exclusively to the
name, location, persons, accommodations, sale, lease, construction,
or activities of or on the premises where it is erected. The premises
of a shopping center include the outparcels.
A freestanding 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 portable sign on a property offered for sale,
lease or rent identifying that the home is available for public viewing,
and may contain a directional arrow.
A transportable sign of durable construction on wheels, skids,
legs, or framing including trailers and searchlights, the principal
intent of which is for advertising or promotional purposes, and which
is not designed nor intended to be permanently affixed to a building,
other structure or the ground. A portable sign that has its wheels
removed shall still be considered a portable sign. Also see definition
of “unattached sign.”
A permanent detached on-premise sign for single and multifamily
housing projects or residential subdivisions indicating information
such as the name and address of the project.
A sign, other than a wall sign, which is affixed to any building
or wall, and whose leading edge extends more than two (2) feet beyond
such building or wall. A canopy or marquee sign is not defined as
a projecting sign.
A sign that displays the address of the residence, building,
business, lot, or other property on which it is located and which
serves no other purpose than to inform the public of the identity,
location, or address of that property.
A sign which is used to offer real property for sale, lease,
or rent.
A sign that is mounted on, and is wholly supported by the
roof of a building and does not extend beyond the wall line.
See definition of “unattached sign.”
Any sign that is used temporarily and is not permanently
mounted, constructed of cardboard, cloth, canvas, paper, plastic,
fabric of any kind, plywood, wood, or similar lightweight material,
or metal, which may possess colors, characters, letters, illustrations,
or ornamentations. A portable sign is not a temporary sign.
A temporary sign in a tenant space on a monument sign stating
that the space is available and providing a contact phone number.
A sign which is carried, wheeled, or moved about without
having to detach the sign from a secure anchoring device which is
set in the ground or to a building which is set on an approved foundation,
or a sign which is not secured in a manner approved by the building
official and designed to withstand wind pressures as specified in
the 2003 International Residential Code, or the 2003 edition of the
international code regulating and governing all buildings or structures
not governed by the residential code, as applicable. Such signs are
considered to be unattached if they can reasonably be expected to
be blown out or about in high winds or may cause injuries to pedestrians
and traffic hazards. Said signs include portable signs, “a-frame”
signs, and sandwich signs. The following signs are not included in
this definition: individual contractor signs, political signs which
are six (6) square feet in area or less, signs intended for temporary
use for safety reasons due to construction, dangers, or traffic control,
and governmental or community service signs which are to inform the
public.
A sign that is affixed to, or painted on, the facade of a
building and erected parallel or approximately parallel to the face
of, or erected and confined within the limits of, the outside wall
of any building and supported by such wall or building and which displays
only one surface for display/advertising such that the wall forms
the background surface of the sign and which does not project more
than eighteen (18) inches perpendicular to the wall. A fence sign
shall be considered a wall sign.
The molding, battens, capping, nailing strips, lattice, and
platforms which are attached to the sign structure.
(Ordinance 07-09-18A, sec. II(d),
adopted 9/18/07; Ordinance
08-05-27A, sec. II, adopted 5/27/08; Ordinance 12-10-16B, sec. II(a), adopted 10/16/12; Ordinance 16-03-15B, sec. II, adopted 3/15/16; Ordinance 2019-26, sec. II, adopted 6/18/19; Ordinance 2021-08, sec. II, adopted 2/23/21; Ordinance 2021-22, sec. II, adopted 6/15/21)
(a)
No person shall erect, construct, alter, repair, or relocate a sign without first obtaining a permit from the development services department of the city. The signs described in section 3.06.017 shall be an exception to the requirement.
(b)
Each
application for a sign permit shall be accompanied by a “sign
package” identifying all anticipated signage on the property,
including the overall sign design philosophy, the interrelationship
of styles, as well as all shapes, sizes, illuminations and materials
intended to be used in the signage displays. All sign package elements
shall be developed in the spirit of the appropriate subdivision’s
architectural committee’s guidelines and policies. Applications
for a sign permit must be made on a form provided by the city and
shall contain and have attached at least the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Name and firm of person erecting sign.
(3)
If applicant is not the owner of real property where sign is proposed
to be erected, written consent of the property owner.
(4)
Location of building, structure, address or legal lot and block to
which or upon which the sign is to be attached or erected.
(5)
A site plan indicating position of the proposed sign and other existing
advertising structures in relation to nearby buildings or structures,
north arrow, and scale of drawing, property lines, curblines, adjacent
streets, alleys, curb cuts, and setbacks.
(6)
Copy of stress diagrams or plans, when needed, containing information
as to safety and structural integrity of the signs. Note that the
city assumes no liability for safety and structural integrity.
(7)
Indicate whether the sign will require electricity.
(8)
Copy of permit approved by state department of transportation, state
transportation commission, or successor agencies if state law requires
a state permit.
(9)
All signs should be designed to be compatible and in context with
the natural and built environment.
(10)
Such other information as the city requests to show full compliance
with this article and all other standards of the city.
(Ordinance 07-09-18A, sec. II (e),
adopted, 9/18/07; Ordinance
2021-08, sec. III, adopted 2/23/21; Ordinance 2023-18 adopted 4/4/2023)
Consideration, evaluation, and approval or denial of applications
for sign permits will be performed by the development services manager.
Upon the filing of an administratively complete application for a
permit, the development services manager shall:
(1)
Examine
the plans and specifications and the premises upon which the proposed
sign shall be erected as needed;
(2)
Issue
a permit if the proposed sign and sign structure complies with the
requirements of this article and all other standards of the city;
(3)
Declare
the sign permit to be null and void if the work authorized under a
sign permit is not completed within six (6) months after the date
of issuance; and
(4)
Not
issue a permit if the proposed sign or sign structure does not comply
with the requirements of this article and all other standards of the
city. Such decision will be made within thirty (30) days of receipt
of a complete application. Such decision can be appealed to the city
council.
(Ordinance 07-09-18A, sec. II (f),
adopted, 9/18/07; Ordinance
2021-08, sec. IV, adopted 2/23/21)
Every applicant, prior to issuance of a permit, shall pay the
city a nonrefundable fee in an amount determined by current sign permit
rates.
(Ordinance 07-09-18A, sec. II (g),
adopted, 9/18/07)
(a)
Within
thirty (30) days after denial of a sign permit by the development
services manager, a written request for a variance may be filed with
the city to appear before the city council. The city council may grant
a variance upon affirmative written findings as to the following elements:
(1)
The unusual shape or topography of the property in question or some
other significant factor prevents signage allowable under the provisions
of this article from adequately identifying the business or other
activity located on the subject property;
(2)
The variance is not contrary to the public interest;
(3)
Due to special conditions, a literal enforcement of this 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; and
(4)
The spirit and purpose of this article will be observed and the design
guidelines set forth in this article are substantially met and substantial
justice will be done.
(b)
The
city may impose such conditions or requirements in a variance as are
necessary in the city’s judgment to protect the overall character
of the community and to achieve the fundamental purposes of this article.
(Ordinance 07-09-18A, sec. II (h),
adopted, 9/18/07)
The city may revoke any permit where there has been a violation
of the provisions of this article or a misrepresentation of facts
on the permit application.
(Ordinance 07-09-18A, sec. II (i),
adopted, 9/18/07)
Every permitted sign or other advertising structure must display
in a conspicuous place the date of erection, the permit number and
the voltage of any electrical apparatus used.
(Ordinance 07-09-18A, sec. II (j),
adopted, 9/18/07)
After a sign permit has been issued by the development services
manager, it shall be unlawful to change, modify, alter, or otherwise
deviate from the terms and conditions of said sign permit without
prior approval by the development services manager.
(Ordinance 07-09-18A, sec. II (k),
adopted, 9/18/07)
Whenever the development services manager, code enforcement
officer, building inspector or any police officer finds a sign that
was erected after the effective date of this article and which was
erected, constructed, altered, repaired, or relocated in violation
hereof, the official or officer shall require the party responsible
for such sign to remove same. If the party responsible fails to remove
said sign within five (5) days after being notified to do so, or if
it appears to the official or officer that the illegal sign placement
poses an immediate danger to the public, then such sign may be removed
by the city at the expense of the party responsible. Any sign so removed
shall be stored or 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 thirty (30) days after its removal, or if
the removal and storage costs are not paid within the thirty-day period,
the city may destroy, sell, or otherwise dispose of the sign.
(Ordinance 07-09-18A, sec. II(l),
adopted, 9/18/07)
(a)
Backlighted
(silhouette/halo) illuminated channel letter signs are allowed on
commercial buildings in the 9600–9800 blocks of FM 2147, and
also are allowed in other commercial areas of the city, except where
illuminated canopy pan (can) face signs are allowed.
(b)
Illuminated canopy pan (can) face signs are allowed in the 6900–7500 blocks of FM 2147 and also are allowed in other commercial areas of the city, except where backlighted (silhouette/halo) illuminated channel letter signs are allowed. Section 3.06.017(7) applies to these signs.
(c)
No
sign shall have exposed electrical wires. All electrical service to
a sign shall be in compliance with the latest adopted edition of the
National Electrical Code and any other city code sections related
to the regulation of electricity. An electrical permit shall be required
for first-time electrical connections to signs. Illumination and illuminated
signs shall not interfere with the normal enjoyment of residential
uses in adjacent residential districts.
(d)
Externally
lit signs are permitted to be illuminated only with steady, stationary,
down-directed light and with a full cut-off, dark sky compliant shield
over the light source, directed only onto the sign. The area, brilliance,
character, color, degree, density, intensity, location and type of
illumination shall be the minimum necessary for the intended purpose
of such illumination, consistent with the applicable requirements
of the outdoor lighting ordinance.
(e)
Internally
illuminated signs, including backlit signs are permitted to be illuminated
only with a steady and stationary light source. Signs shall be illuminated
internally with white light. Signs that are illuminated from the inside
shall have opaque backgrounds so only the lettering and logos are
illuminated.
(f)
Monument
signs may have ground-mounted lighting, which must meet the requirements
of the outdoor lighting ordinance.
(Ordinance 2019-26, sec. V, adopted 6/18/19)
(a)
Ordinary
maintenance of all signs is permitted without the necessity of obtaining
a permit as required by this section. Ordinary maintenance shall mean
the refurbishment of signs as they exist with no substantial alteration.
Replacement or reconstruction of any part of a sign shall not be considered
ordinary maintenance.
(b)
In
the event a change in use, occupancy, or ownership occurs and necessitates
the alteration of a sign in any manner, the entire sign must then
comply with any provisions of this article.
(c)
Nonconforming
signs which have been damaged, blown down or otherwise destroyed or
dismantled for any purpose other than maintenance operations, require
a permit to reconstruct in accordance with these regulations.
(d)
All existing uncovered sign faces when a sign face is removed, shall be maintained so that visible wires, bulbs and other structural elements are covered completely by a plastic cover that matches the background colors of signs required by the appropriate architectural control committee, until the sign face is replaced with another descriptive business establishment sign face that meets the requirements of section 3.06.016. In addition, while this plastic cover is in place all functioning light bulbs are required to be removed or power discontinued to sign face until the sign face is replaced with another descriptive business establishment sign face that meets the requirements of section 3.06.016.
(Ordinance 07-09-18A, sec. II(m),
adopted, 9/18/07; Ordinance
12-02-21F adopted 2/21/12)
(a)
Permanent signs for single- and multiple-family projects.
Single- and multiple-family signs, upon approval, may be placed on
the property during construction and/or after completion of construction.
Permanent single- and multiple-family project signs must meet the
following criteria:
(1)
General guidelines.
Single-family residential subdivisions
are allowed one permanent identification sign at each main entrance
to the subdivision. Projects that consist of more than four (4) units
may erect one (1) detached project identification sign. If such sign
is to be externally illuminated, it must be by ground spot light only.
To the extent practical, appropriate address information for 911 purposes
shall be included.
(3)
Number of signs permitted.
One per multiple-family building.
This sign may be a detached project identification sign.
(b)
Permanent commercial project, governmental, church, library, social
clubs and similar signs.
Permanent commercial project
signs, governmental signs, and signs or bulletin boards customarily
incidental to places of worship, libraries, museums, social clubs,
societies, hotels, amenities or charitable organizations and located
on the premises of such institution, must meet the following criteria:
(1)
General guidelines.
(A)
Sign location should be designated on the original building plans
and conform to the architectural style of the building.
(B)
Building mounted signs must lay flat and horizontal with the wall
of the building and not protrude perpendicularly therefrom, and not
extend above the parapet of the building.
(C)
Only one detached sign will be permitted for each commercial building
displaying the name of the building and the occupants. Each occupant
sign shall match in size, color, and design.
(D)
Detached sign size and height: maximum sign face to be six (6) feet
high by five and one-half (5-1/2) feet wide. The bottom of detached
signs shall be no more than three (3) feet above grade.
(E)
Detached sign lighting is limited to ambient light and to external
illumination by ground spot lighting only. Neon, light emitting diode
(LED) and fluorescent lighting are not permitted on detached signs.
No sign or other advertising structure shall be illuminated with lights
that glare into or upon the surrounding area or any residential premises
or distract operators of vehicles or pedestrians on the public right-of-way.
(c)
Construction identification signs.
Construction identification
signs are allowed for new home construction and must meet the following
criteria:
(1)
No permit will be issued for construction identification signs and
no fee will be charged, but the building contractor must submit the
written approval by the architectural control committee (ACC) for
the subdivision in which the sign is to be located to the development
services department prior to placement of the construction identification
sign on a property. No construction identification sign will be allowed
to be posted on a property which has not first been signed off as
approved by the ACC.
(2)
A construction identification sign shall only be allowed to be placed
on a building site during the construction period plus ten (10) days,
beginning with the date the building permit is approved and ending
ten (10) days after the final inspection.
(3)
Illumination of a construction identification sign is prohibited.
(4)
Construction identification signs are restricted to the street side
of the project. This sign is not allowed on the golf course frontage
or to be visible from the golf course, and is not allowed on the waterfront
side or the view side of properties.
(5)
The bottom of such sign shall not exceed more than two (2) feet above
grade.
(d)
(e)
Open house signs.
(1)
These signs will only be approved for individual property owners
or for real estate agencies.
(2)
A permit to erect an open house sign is not required; however, a
permit for the real estate agency to erect open house signs must be
on file.
(3)
The permit will remain valid as long as:
(A)
Open house signs are only displayed for three (3) of any seven (7)
consecutive days;
(B)
Open house signs are only displayed during the actual times specified
on the sign as open for viewing;
(C)
Open house signs are only displayed while such house is manned with
a homeowner or a licensed sales agent; and
(D)
Open house signs are removed at the end of each day.
(4)
Open house signs must meet the following criteria:
(A)
Size.
Maximum height of eighteen (18) inches, width
of twelve (12) inches, and overall height including frame not to exceed
forty (40) inches.
(B)
Sign location and placement.
(i)
Location and number of signs are restricted to two (2) off-site
directional signs and one (1) sign on the house, townhouse or condominium
project.
(ii)
Signs are not allowed on the golf course frontage or to be visible
from the golf course.
(iii)
Signs are not allowed on the waterfront, or view side of properties.
(iv)
Sign may be placed in the yard or drive at least five (5) feet
from street pavement.
(5)
Failure to remove open house signs when not manned by a homeowner
or a licensed sales agent, when the house is locked, and/or during
the overnight period will lead to cancellation of the permit for the
display of open house signs issued to the homeowner or the real estate
company conducting the open house and the open house sign will be
removed.
(6)
No sign other than one (1) specified yard sign is allowed.
(7)
No sign that directs traffic to the open house is allowed.
(8)
Open house signs for property for lease or rent are not allowed.
(f)
Directional.
Directional signs must meet the following
criteria:
(1)
Cannot be larger than three (3) feet by five (5) feet and the bottom
of the sign cannot extend more than three (3) feet above grade, except
for directional signs at entrances.
(2)
Must have a masonry base.
(3)
Directional signs at entrances are allowed and cannot be larger than
six (6) feet by five and one-half (5-1/2) feet and the bottom of the
sign cannot extend more than three (3) feet above grade.
(4)
Advertising is not allowed on any directional sign.
(g)
Monument.
Monument signs are only allowed for the following:
city, property owners’ association, amenity owner, church, hotel,
multifamily projects, office buildings and retail centers and cannot
be larger than six (6) feet by five and one-half (5-1/2) feet and
the bottom of the sign cannot extend more than three (3) feet above
grade.
(h)
Construction control.
Construction control signs of
a size, color and material as may be required by federal or state
government regulations, insurance providers, or the developer/contractor
to minimize the risks and hazards associated with the work environment.
Such signs may be mounted on wood posts or metal frames and cannot
be larger than three (3) feet by five (5) feet and the bottom of the
sign cannot extend more than two (2) feet above grade.
(i)
Wall signs.
Wall signs are permitted provided they meet
the maximum size calculated based on the following formula: a total
of 50 square feet of sign area is permitted with at least a 2:1 ratio
of length to height.
(j)
Temporary monument tenant space available sign.
Temporary
monument tenant space available signs are permitted but must be designed
like the other signs in the monument sign.
(k)
Property identification sign.
One property identification
sign indicating name and/or address and not exceeding two (2) square
feet in area.
(Ordinance 07-09-18A, sec. III,
adopted, 9/18/07; Ordinance
08-01-22E, sec. II, adopted 1/22/08; Ordinance 10-02-16A adopted 2/16/10; Ordinance 12-10-16B, sec. II(b),
adopted 10/16/12; Ordinance
16-03-15B, sec. III(a), adopted 3/15/16; Ordinance 16-03-15B, sec. III(b),
adopted 3/15/16; Ordinance
16-03-15B, sec. III(c), adopted 3/15/16; Ordinance 2019-26, sec. III,
adopted 6/18/19; Ordinance
2021-08, sec. V, adopted 2/23/21; Ordinance 2021-08, sec. VI, adopted 2/23/21)
The signs described in this section are exempt from the regulations provided for in this article, except for the types of signs that are otherwise prohibited in section 3.06.018. However, the signs in this section may still require approval of the architectural committee, declarant or amenity owner of the particular subdivision in which they will be located. However, said signs, except as otherwise indicated in this article, shall remain subject to the permit requirements of section 3.06.006 and to construction and electrical standards of city codes.
(1)
Signs
specifically approved in a planned development agreement or planned
development ordinance.
(2)
“Door
type” signs denoting the name and address of professional occupants
of a professional office on the premises, provided that such signs
do not exceed two (2) square feet in area.
(3)
Community service signs.
Such signs may be placed on
public property with permission of the public entity. All signs in
this category for special events shall not be erected more than two
(2) weeks prior to the event and shall be removed no later than two
(2) days after the event. The owner or organization putting up the
sign shall be responsible for all costs involved in the erection and
removal of such signs.
(4)
Official
flags of governmental jurisdictions that do not exceed five (5) feet
by eight (8) feet; one (1) flag carrying the emblem of a business
firm or other organization located on commercial property; or other
organization; and official flags of governmental jurisdictions and
one (1) noncommercial flags that do not exceed three (3) feet by five
(5) per residence. Governmental and commercial flagpoles shall not
exceed 25 feet in height. Residential flagpoles shall not exceed 20
feet in height.
(5)
Commemorative
plaques and integral signs placed by governmental or civic organizations,
with a maximum size of four (4) square feet.
(6)
All
other signs, provided that such signs are located on private real
property with the consent of the property owner and provided that
each such sign:
(7)
Replacement
of sign faces on existing sign structures and new occupant sign faces
on detached permanent commercial project signs.
(8)
Open/closed
signs. Only double-sided, non-illuminated signs made of paper, cardboard
or plastic, not exceeding one square foot in size.
(9)
Temporary directional signs:
A copy of the temporary
directional signs must be submitted to the development services department
at least seventy-two (72) hours prior to the event. Only four (4)
off-site directional signs are allowed per event. The development
services director can approve a higher number of signs on a case-by-case
basis. Maximum height of eighteen (18) inches and a maximum width
of twelve (12) inches for all signs. Larger signs can be approved
at the discretion of the development services director. The signs
must be removed no later than the day after the even is finished.
(Ordinance 07-09-18A, sec. IV, adopted 9/18/07; Ordinance 10-03-16C adopted 3/16/10; Ordinance
16-03-15B, secs. IV–VII, adopted 3/15/16; Ordinance 2018-20 adopted 8/28/18; Ordinance 2021-08, sec. VII, adopted 2/23/21; Ordinance 2021-22, secs. III–V, adopted 6/15/21)
The construction, placement, existence, use of or advertisement
on signs of the following nature is prohibited:
(1)
Neon,
flashing and light emitting diode (LED) signs are prohibited. Illuminated
signs inside a building are not allowed if visible from outside the
building.
(2)
Out
of business signs: Signs which advertise an activity, business, project
or service which has been out of business for more than forty-five
(45) days. A sign which is abandoned such that it has not been used
for advertising or promoting a going concern for three (3) months
shall be removed by the current owner, leasing agent or tenant.
(3)
Moving
signs: Signs which move or contain visible moving parts or signs with
moving images on fixed signs.
(4)
Commercial
advertising devices: Banners, posters, pennants, ribbons, streamers,
strings of light bulbs, spinners, or other similar attention-getting
advertising devices.
(5)
Signs
which contain statements, words or pictures of an obscene, indecent
or immoral character which offend public morals or decency. No sign
or other advertising structure shall display any matter in which the
dominant theme of the material taken as a whole appeals to a prurient
interest in sex, or is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual matters, and is utterly without redeeming social value.
(6)
Signs (other than canopy signs or projecting signs) on buildings located adjacent to the public right-of-way or portions thereof if permitted in section 3.06.016 which are located on or extend over any public sidewalk, street, alley or other publicly owned property. Signs required or authorized by governmental authorities are exempted from these provisions.
(7)
Hazardous
signs: Any signs which constitute a hazard to pedestrians or vehicular
traffic, and signs which may be confused with, interfere with or which
obstruct the view of a traffic sign, signal or device. No sign shall:
(A)
Obstruct free and clear vision at any street intersection.
(B)
Interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device because of its position, shape or color.
(C)
Make use of the words “STOP,” “LOOK,” “DANGER”
or any other word, phrase, symbol, or character in a manner that interferes
with, misleads or confuses traffic.
(D)
Present a traffic hazard by using illumination resembling an emergency
signal.
(8)
Signs
which make use of any word, phrase, symbol or character in such manner
as to interfere with, mislead, or confuse vehicular or pedestrian
traffic.
(9)
Portable
or wheeled signs.
(10)
Signs with flashing, blinking, or traveling lights.
(11)
Signs attached to or located upon structures such as street furniture,
benches, trash containers or fences.
(12)
Signs placed on the side or rear of any building or property when
such sign faces upon a contiguous residential district, waterway or
golf course.
(13)
Nothing contained herein shall be construed to prohibit the display of the flag of the United States, the state or any political subdivision permitted in section 3.06.017(4).
(14)
Roof signs mounted on, wholly supported by, or painted on the roof
of a building.
(15)
Damaged signs: All signs displayed in the city shall be professionally made, and maintained in “like new” condition at all times. No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including rotting supports, peeling, rust, dirt, fading, discoloration or holes. Damaged signs which are not repaired within thirty (30) days following the date of the damage or following the date of notice to repair same given by the development services manager, or any police officer, to the party responsible for such sign, whichever is sooner may be removed by the development services manager or a police officer. Such thirty-day period shall be extended provided that a bona fide work order bearing a delivery date for repairs is submitted to the development services manager within the initial thirty-day period. The thirty-day period shall be extended until seven (7) days after the delivery date shown on the work order. The provisions of this section are subject to the provisions of sections 3.06.001 through 3.06.015.
(16)
Bandit signs.
(17)
Obstructions to doors, windows or fire escapes: No sign or other
advertising structure shall be erected, relocated or maintained so
as to prevent free ingress to or egress from any door, window or fire
escape. No sign of any type shall be attached to a stand pipe or fire
escape.
(18)
Unsafe signs: No sign or other advertising structure shall constitute
a hazard to safety or health by reason of inadequate design, construction,
repair or maintenance and if so, may be declared a public nuisance
and be forwarded to the development services department for action.
(19)
Vehicular signs: No vehicle with a sign or other advertising structure
in excess of fifty (50) square feet on each side that is painted on
or adhered to or attached in any way to such vehicle shall be parked
in public view for a period in excess of 4 hours during any one day.
Such vehicles include but are not limited to trucks, trailers, vans
and billboard trucks. This shall not be applicable to vendors or other
businesses which are performing legitimate, temporary work, construction
or repair to the property at or upon which the vehicle is parked.
Commercial advertising messages are prohibited on any vehicle regularly
or permanently parked at a commercial or raw land site for a period
in excess of 4 hours during any one day if the message is unrelated
to the business at which the vehicle is parked. This includes but
is not limited to transit vehicles and school busses. This shall not
apply to vehicles parked at residential homesites as long as all other
allowable vehicle city ordinances are met for that type of vehicle.
(20)
Temporary signs: Temporary signs other than those specifically permitted
in this article are prohibited on property, structures, including
inside windows, and on or in vehicles or recreational equipment.
(21)
Nonconforming signs: A sign not in conformance with these regulations,
which was lawfully permitted and erected prior to the enactment of
said regulations, shall be considered a nonconforming sign. Nonconforming
signs shall be exempted from the provisions of this article, unless
damaged by natural causes or otherwise destroyed, taken down, or removed
for any purpose other than maintenance operations which is allowed.
It may not be reerected, reconstructed or rebuilt, except in full
compliance and conformance with this article. Any nonconforming sign
which is damaged or is deteriorated to a point where its restoration
cost exceeds thirty percent (30%) of its replacement value, shall
be removed, unless otherwise authorized to remain. Any nonconforming
sign whose copy is changed requires approval of a permit as a new
sign.
(22)
Unlawful signs: An unlawful sign is not a nonconforming sign and
must be removed within thirty (30) days. Any sign erected or maintained
which is not in conformance with this article or prior ordinances
of the city, is hereby declared to be a public nuisance and shall
be removed or brought into compliance within the thirty-day period
indicated. If the city finds that any sign or other advertising structure
installed since the adoption of this article is prohibited by the
provisions of this article, the city shall give written notice to
the permittee or the owner of the property upon which the structure
is located. If the permittee or owner fails to remove or alter the
structure so as to comply with the standards set forth in this article
within thirty (30) days after such notice, the city may undertake
such removal or alteration as is necessary to bring the structure
into compliance and assess the costs to the permittee or owner. The
city may cause any sign or other advertising structure which represents
an immediate peril to persons or property to be removed or altered
immediately and without notice, and without compensation to the sign
owner.
(23)
Signs in the setback clearance zone. Except for street signs and
directional signs.
(24)
Agricultural signs.
(25)
No commercial sign, advertisement, billboard, or other advertising structure of any kind shall be erected or allowed to remain on any lot or land improved or unimproved, except as expressly provided in section 3.06.016. In addition, and without limitation, no sign, advertisement, billboard, or other advertising structure of any kind shall be erected or allowed to remain on any right-of-way- or easement, whether dedicated for public use or not.
(26)
For sale signs: No type of “for sale” sign or other advertisement
that a vehicle is available for purchase may be placed on or displayed
in any automobile, pickup, truck, tractor, trailer, recreational vehicle,
boat, motorcycle or similar vehicle.
(27)
Billboards.
(28)
Commercial off-premises signs: Except for directional signs.
(29)
Construction identification signs for purposes of identifying the
work of remodeling, renovation, repair and home improvement are prohibited.
(Ordinance 07-09-18A, sec. V, adopted 9/18/07; Ordinance 08-05-27A, sec. III, adopted 5/27/08; Ordinance 16-03-15B, sec. VIII, adopted 3/15/16; Ordinance 2017-07 adopted 2/21/17; Ordinance
2018-02 adopted 11/21/17; Ordinance 2019-26, sec. IV, adopted 6/18/19; Ordinance 2021-08, sec. VIII,
adopted 2/23/21; Ordinance 2023-18 adopted 4/4/2023)
Many of the single- and multiple-family projects in the city
have established their separate restrictions through their property
owners’ association.
(Ordinance 2021-08, sec. IX, adopted 2/23/21)
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 07-09-18A, sec. VII,
adopted 9/18/07)
