Signs use private land near public rights-of-way to inform and
persuade the general public by publishing a message. This article
provides standards for the erection and maintenance of private signs.
All private signs not exempt as provided herein shall be erected and
maintained in accordance with these standards. These standards are
intended to be the minimum necessary and least burdensome to accomplish
the purposes stated in this section. The general objectives of these
standards are to promote health, safety, welfare, convenience and
enjoyment of the public and, in part, to achieve the following:
(1)
Safety.
To promote the safety of persons and property
by providing that signs:
(A)
Do not create a hazard due to collapse, fire, collision, decay or
abandonment.
(B)
Do not obstruct firefighting or police surveillance.
(C)
Do not create traffic hazards by confusing or distracting motorists
or by impairing the driver’s ability to see pedestrians, obstacles,
or other vehicles, or to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages by providing that:
(A)
Businesses and services may identify themselves.
(B)
Customers and other persons may locate a business or service.
(C)
No person or group is arbitrarily denied the use of the sight lines
from the public rights-of-way.
(D)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore said messages, according to the observer’s purpose.
(3)
Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the cityscape,
by providing that signs:
(2001 Code, sec. 3.601)
The requirements of this article shall be administered and enforced
by the building official of the city or his/her designated representative.
(2001 Code, sec. 3.602)
The Uniform Sign Code, 1997 edition, is adopted. A copy of the
Uniform Sign Code is attached to the ordinance codified in this article
and is incorporated herein by reference. All signs permitted under
this article shall be constructed in accordance with the provisions
of this article, the building code as adopted by the city, and the
Uniform Sign Code. In the event of a conflict between this article
and the Uniform Sign Code, the provisions set forth in this article
shall prevail.
(2001 Code, sec. 3.603)
As used in this article:
A sign:
Copy or other images that flash or move or otherwise change.
A structure made of cloth, metal or other material possessing
characters, letters, illustrations or ornamentations affixed to a
building in such a manner that the structure may be raised or retracted
to a position against the building.
A temporary sign to be hung with or without a frame, possessing
characters, letters, illustrations, or ornamentations applied to paper,
plastics or fabric of any kind, excluding flags, emblems and insignia
of political, professional, religious, educational or corporate organizations.
Balloons and other inflatable devices utilized to direct attention
to a business shall be considered banners.
An off-premises sign which is owned by a person, corporation
or other entity that engages in the business of selling the advertising
space on the sign.
The building official of the city or his designee.
A sign which directs attention to a business, profession,
activity, commodity, service or event conducted, sold or offered upon
the premises where such sign is located, or within the building to
which such sign is affixed.
A structure, other than an awning, made of cloth, metal or
other material possessing characters, letters, illustrations or ornamentations,
with frames affixed to a building and carried by a frame which is
supported by the ground.
A sign that is characterized by changeable copy, letters,
symbols, fiber optics, light bulbs or numerals that are not permanently
affixed to the structure, framing or background, allowing the letters,
characters, or graphics to be modified from time to time manually
or by electronic or mechanical devices, such as, but not limited to,
a bulletin board, electronic message board, digital electronic sign
or LED (light emitting diode) sign.
A message which refers to the offer for sale or existence
for sale of products, property, accommodations, services or attractions
or attracts attention to a business or to products, property, accommodations,
services, or activities that are offered or exist for hire.
A sign identifying individuals or companies involved in the
design or construction, wrecking, financing or development of premises
where such sign is placed.
Letters, characters, illustrations, logos, graphics, symbols,
writing or a combination thereof, designed to communicate information
of any kind or to advertise, announce the purpose of, or identify
the purpose of a person or entity, to identify or advertise a business
or business product, or to advertise the sale or lease of premises.
A sign:
Where any portion of the finished material, surface, or message
portion of the sign is visibly faded, flaked, broken off, missing,
cracked, splintered, or defective or is otherwise visibly deteriorated
or in a state of disrepair so as not to substantially appear as it
was intended or designed to appear when originally constructed;
Whose elements or the structural support or frame members are
visibly bent, broken, dented or torn, twisted, or leaning at angles
other than those at which it was originally erected, such as may result
from being blown or by the failure of a structural support.
A sign, providing no advertisement of any kind, which provides
direction or instruction to guide persons to facilities intended to
serve the public (restrooms, parking, etc.).
A sign which indicates the names and/or addresses of the
occupant(s), the address of the premises, and/or identification of
any lawful businesses or the occupations which may exist at the premises.
An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and/or color
at any time when such sign is illuminated.
The area enclosed by the smallest imaginary regular shapes
that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming
an integral part of the display or used to differentiate the sign
from the backdrop or structure against which it is placed. “Gross
surface area” includes such features as decorative or ornamental
elements or features, borders, or trims, but not including any supporting
structure which is used solely for support of the sign, such as poles,
columns and cable, or a decorative fence, screening device or wall.
Sign copy mounted or painted on a background panel or area distinctively
painted, textured or constructed as a background for the sign copy
shall be measured as the area contained within the outside dimensions
of the background panel or surface.
Sign copy mounted as individual letters and/or graphics against
a wall, fence, screening device, awning or fascia of a building or
other structure that has not been painted, textured or otherwise altered
to provide a distinctive background of the sign copy shall be measured
as the area enclosed by each individual word or graphic.
Three-dimensional signs such as spherical, free-form, sculptural,
or other non-planar signs: The area enclosed by the smallest imaginary
regular shape or combination of shapes which would fully contain all
portions of the sign when rotated horizontally around the sign shall
be measured to determine size.
The front and, if applicable, side walls which enclose a
building or a portion thereof, and which abut a public street.
Any individual letter or group of letters attached to a building
shall constitute a sign. The area of such sign shall be the smallest
area encompassing the word in the form of a square, rectangle, triangle,
circle or combination thereof.
A lot of record, parcel, tract, or area of land established
by plat or subdivision or otherwise permitted by law to be used, developed
or built upon a single unit under single ownership or control.
A permanent structure extending from part of the roof or
wall of a building but not supported by the ground, and constructed
of durable material such as metal, plastic or glass.
A sign permanently affixed to the ground, not elevated to
any pole or structure and not attached to or dependant upon any building
for support.
Any message that is not a commercial message.
A sign lawfully existing or under construction on the effective
date of the ordinance codified in this article which does not conform
to one or more of the provisions of this article.
Any district identified in the official zoning map of the
city for uses other than residential uses.
A material or performance defined in section 43 of the Texas
Penal Code, as amended.
A sign which directs attention to a business, profession,
activity, commodity, service, or other event other than one conducted,
sold or offered upon the premises where such sign is located, or within
the building to which the sign is affixed. Signs meeting the definition
of a temporary sign shall not be considered an off-premises sign.
A sign supported by one or more structures or supports placed
upon the ground, and not attached to or dependent for support from
any building.
A temporary sign which supports an announced political ballot
issue.
A temporary sign not permanently affixed to the ground, a
building, or other structure, which is designed to be moved from place
to place.
A single tract or platted lot. In addition, multiple adjoining
tracts or platted lots under common ownership will be deemed to be
a single premises if they meet the following requirements: (i) lots
or tracts are not separated by intervening streets, alleys, utility
or railroad rights-of-way or other interruption; (ii) the property
contains a single primary use; and (iii) the property is not used
for one- or two-family residential purposes. Tracts or platted lots
that are at cross corners or that are connected by narrow strips of
land too small to serve as emergency access easements shall not be
considered to be “adjoining.”
The main or principal building located upon a single zoning
lot; the building in which the principal use of the business is conducted.
A sign which is used to offer for sale, lease or rent, the
premises or portions of the premises upon which the sign is placed.
Any district identified in the official zoning map of the
city for residential uses.
Any identification, description, illustration or device,
illuminated or nonilluminated, which is visible to the general public
and directs attention to a product, service, place, activity, person,
institution, business or solicitation, or any emblem, painting, flag,
banner, pennant or placard designed to advertise, identify or convey
information.
A sign used to identify a particular subdivision.
A temporary off-premises sign used to direct traffic to a
residential section or subdivision or location in the city.
A nonpermanent sign erected, affixed or maintained on premises
for a short, fixed period of time. Temporary signs shall include banners
and portable signs.
An imaginary triangle which has two sides which start at
the center point of the intersection of two streets, along the curbline
and measuring ten feet in length down each respective street along
the nearest edge of the driving surface. The line connecting the end
points of these two lines forms the third side of the triangle. Any
signage placed in the visibility triangle will be allowed as long
as it allows an unobstructed view from zero to ten feet in height
from the nearest level of ground. See exhibit A at the end of this
article.
A sign attached directly to an exterior wall of a building
or dependant upon a building for support with the exposed face of
the sign located in a place substantially parallel to such exterior
building wall to which the sign is attached or supported by. It includes
letters, words, and characters painted or attached directly to the
roof. Awning, canopy, marquee and letter signs shall be considered
wall signs for purposes of calculating the minimum effective area.
A sign containing no advertising material and warning the
public of the existence of danger.
A sign which is attached to the window and includes window
displays, but does not include signs attached to windows which have
been altered to prevent all light penetration.
(2001 Code, sec. 3.604; Ordinance 2012-17, sec. 1, adopted 11/6/12)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who shall resist the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each day that a violation is permitted to exist shall constitute a separate offense.
(2001 Code, sec. 3.630)
The sign permit fees set forth in the fee schedule in appendix A of this code are adopted.
(Ordinance 2012-15, sec. 1, adopted 10/9/12)
(a)
Permit required.
No sign shall be erected, constructed
or relocated within the city until a permit for such sign has been
issued and the fee is paid, except as otherwise provided in this article.
(b)
Application.
A person shall file an application with
the building official on forms provided by the city. An application
for a sign permit shall include a drawing, to scale, of the proposed
sign and all existing signs maintained on the premises and visible
from the right-of-way, a drawing of the lot plan or building facade
indicating the proposed location of the sign(s), and sign specifications.
(c)
Fee.
Fees for a permit to erect, construct, or relocate a sign shall be established by the city council. See the fee schedule in appendix A to this code.
(d)
Issuance or denial.
The building official shall, within
ten working days of the date of the application, either approve or
deny the application or refer the application back to the applicant
in any instance where insufficient information has been furnished.
The building official shall deny an application if it does not comply
with the requirements of this article. A denial and the reasons for
the denial shall be noted on the application, and the applicant shall
be notified of the denial by notice mailed to the applicant at the
address shown on the application or the last known address.
(2001 Code, sec. 3.605(a)–(d))
All signs shall be maintained in good structural condition,
in compliance with all building and electrical codes, and in conformance
with this article, at all times. No permit shall be required to perform
routine maintenance or changing of parts or copy of a sign, provided
that the maintenance or change of parts does not alter the gross surface
area or height or otherwise render the sign nonconforming with the
requirements of this article.
(2001 Code, sec. 3.605(e))
In order to assure visibility at all street intersections, no sign shall be lower than ten feet from the ground surface. This applies only to the actual sign itself and does not include the pole to which the sign is mounted. With respect to signs affixed directly to the ground and not elevated by a pole or other method, the sign shall not extend into the visibility triangle as identified in the definitions section of this article [section 3.08.004].
(2001 Code, sec. 3.605(f))
(a)
No
sign shall be illuminated to an intensity to cause glare or brightness
to a degree that could constitute a hazard or nuisance. Animated,
moving, scrolling, flashing, intermittently lighted, changing color,
strobe lights, rotating beacons, moving video, revolving or similarly
constructed signs are determined to be a hazard and/or a nuisance
and are prohibited. Under no circumstances shall a sign constitute
a traffic hazard.
(b)
Signs
shall not display gestures or words which are obscene as defined in
this article.
(c)
No
person shall paint a sign, other than a nameplate and address showing
the street number, to a fence, railing or wall which is not a structural
part of the building in or facing a residential zoning district, whether
or not on the property line.
(d)
No
person shall attach any sign, paper or material, or paint, stencil
or write any name or number (except house or street address numbers)
or otherwise mark, on any public sidewalk, curb, gutter or street.
An exception to this subsection may be granted by the city council
for special events. The city department of public works or public
safety are exemptions from this subsection.
(e)
No
person shall attach, erect or maintain any sign upon any public utility
pole, or structure, nor on any tree that is located on public land
or in a public right-of-way.
(f)
No
person shall attach, erect or maintain a sign over or in public rights-of-way.
No sign shall be erected in the right-of-way except movement control,
traffic-control devices, street signs or directional signs placed
by the city or state.
(g)
No
sign shall be erected, relocated or maintained so as to prevent free
regress to or egress from any door, window or fire escape. No sign
of any kind shall be attached to a standpipe or fire escape.
(h)
No
sign shall be erected or maintained in such a manner as to obstruct
free and clear vision, or at any location whereby reason of position,
shape, color, degree, manner or intensity of illumination it may interfere
with vehicular or pedestrian traffic.
(i)
No
sign shall be erected or maintained in such a manner as to interfere
with, obstruct the view of, or be confused with any authorized traffic-control
device.
(j)
No
sign shall make use of words, phrases, symbols or characters or employ
any lamp or light in such a manner as to interfere with, mislead or
confuse traffic.
(k)
Off-premises
signs are prohibited.
(2001 Code, sec. 3.606; Ordinance 2012-17, sec. 2, adopted 11/6/12)
Vehicular signs shall conform to the following restrictions:
(1)
It
is unlawful to attach any sign advertising anything other than the
name of a special event or company and the service it provides to
a trailer, skid, or similar mobile structure or vehicle, where the
primary use of said attachment is to provide a base for such sign
or constitute the sign itself. This provision does not restrict the
identification signs on vehicles used for any bona fide business activity.
(2)
Signs
attached to or upon any vehicle shall be prohibited where any such
vehicle is allowed to remain parked in the same location, or in the
same vicinity, at frequent or extended periods of time, where the
intent is apparent to be one of using the vehicle and signs for purposes
of advertising an establishment, service or product.
(3)
It
shall be prima facie evidence that a sign is used to advertise a product
or direct people to a business or activity if the vehicle or trailer
is parked in the same location for a continuous period exceeding seventy-two
hours.
(2001 Code, sec. 3.607)
(a)
Political
signs not exceeding 36 square feet may be erected no earlier than
thirty (30) days before the date of the election for which the sign
is designated on private real property only with the permission of
the property owner. Private real property does not include real property
subject to an easement or other encumbrance that allows a municipality
to use the property for a public purpose.
(b)
Political
signs shall be removed within two (2) days after completion of the
election in question.
(c)
In
the case of a runoff election, signs advertising those candidates
who are in the runoff election may continue to be displayed during
the interim period, but must be removed within two (2) days after
the runoff election.
(d)
A
political sign shall not require a sign permit and shall comply with
the following requirements:
(1)
The total signage area for political signs shall not exceed thirty-six
(36) square feet in area, shall not exceed eight (8) feet in height,
shall not be illuminated, nor have any moving elements.
(2)
Political signs shall not be located in the city rights-of-way or
in roadway medians, nor be placed on city-owned property such as city
parks, the library, the fire station, city hall and other city-owned
buildings. However, such signs may be placed on public property designated
as an official polling place on designated election days. Signs placed
on public property designated as an official polling place shall conform
to the following:
(A)
Signs must be located outside the specified distance from the polling
place entrance as required by state election laws;
(B)
Signs shall be located only in those areas designated in exhibit
A to Ordinance 2020-03 or within other locations designated by the
city manager, or his designee;
(C)
No more than three identical signs may be placed outside each polling
place;
(D)
Signs must have wire stands only; wooden or angle iron stakes are
prohibited;
(E)
Signs may be erected no earlier than one (1) day before early voting
and must be removed within two (2) days following the election. In
the case of a runoff election, signs advertising those candidates
who are in the runoff election may continue to be displayed during
the interim period, but must be removed within two (2) days after
the runoff election.
(3)
Political signs may not be placed in the state rights-of-way situated
within the city.
(4)
Political signs shall not be installed in any manner that may result
in a potential safety hazard of any type.
(5)
Political signs shall be kept in repair and proper state of preservation.
(e)
Notwithstanding
any provision in this article to the contrary, if a political sign
is authorized to be placed or erected under this section, a temporary
sign with any other noncommercial message is allowed to be erected
in its place provided it otherwise complies with the provisions of
this section.
(Ordinance 2020-03 adopted 3/3/20)
Pole signs are allowed in both residential and nonresidential
zoning classifications subject to the following regulations:
(1)
Pole signs in nonresidential zoning districts.
Pole
signs in nonresidential zoning districts are subject to the following
restrictions:
(A)
Each premises or lot shall have no more than one pole or monument
sign per street frontage.
(B)
No pole sign shall have more than two sides or fronts with print
or graphics.
(C)
No pole sign shall exceed thirty-five feet (35') in height except
pole signs on properties fronting onto S.H. 199, which shall not exceed
fifty feet (50') in height.
(D)
No pole sign shall exceed forty (40) square feet in area per side
except pole signs on properties fronting onto S.H. 199, which shall
not exceed one hundred twenty (120) square feet in area per side.
(E)
Premises containing two or more businesses, as permitted by individual
certificate of occupancy permits, may have one pole sign which advertises
multiple occupants.
(F)
Pole signs may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, the sign shall not be placed in the visibility
triangle.
(2)
Pole signs in residential zoning districts.
Pole signs
shall be allowed in multifamily zoning districts and are subject to
the following restrictions:
(A)
Each premises shall have no more than one pole sign.
(B)
No pole sign shall exceed thirty-two square feet of gross surface
area for each side.
(C)
No pole sign shall exceed eight feet in height.
(D)
Pole signs may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, the sign shall not be placed in the visibility
triangle.
(2001 Code, sec. 3.609)
Monument signs are allowed in both residential and nonresidential
zoning classifications, and are subject to the following regulations:
(1)
Monument signs in nonresidential zoning districts.
Monument
signs in nonresidential zoning districts are subject to the following
restrictions:
(A)
Each premises or lot shall have no more than one monument sign or
pole sign per street frontage.
(B)
Maximum area of sign area and maximum height:
(i)
Lots less than 1 acre: Fifty (50) square feet of sign area per side
and a maximum height of fifteen feet (15').
(ii)
Lots over 1 acre but less than 5 acres: Eighty (80) square feet
of sign area per side and a maximum fifteen feet (15') in height.
(iii)
Lots over 5 acres: One hundred (100) square feet of sign area
and a maximum twenty feet (20') in height.
(iv)
Lots over 3 acres and abutting S.H. 199: Two hundred fifty (250)
square feet of sign area per side and a maximum twenty feet (20')
in height.
Exception: Multiple tenant projects are permitted a ten percent
(10%) increase over the maximum sign area for each tenant in excess
of three (3) tenants (i.e., beginning with the fourth tenant), up
to a maximum increase of sixty (60) percent. Only one sign per premises
may qualify for the multiple tenant increase.
(C)
Monument signs may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians.
If placed on a corner, the sign shall not be placed in the visibility
triangle.
(D)
Structures containing two or more businesses, as permitted by individual
certificate of occupancy permits, may have one monument sign which
advertises multiple occupants.
(2)
Monument signs in residential zoning districts.
Monument
signs shall be allowed in residential zoning areas classified as multifamily
and are subject to the following restrictions:
(A)
Each premises shall have no more than one monument sign.
(B)
No monument sign shall exceed thirty-two square feet of gross surface
area per side.
(C)
No monument sign shall exceed six feet in height.
(D)
Monument signs may be located next to, but not into, the public right-of-way,
provided that the sign does not create a hazard to traffic or pedestrians,
or if placed on a corner such sign shall not be placed in the visibility
triangle.
(2001 Code, sec. 3.610)
Wall signs are allowed in both residential and nonresidential
zoning classifications, and are subject to the following regulations:
(1)
Wall signs in nonresidential zoning districts.
Wall
signs are allowed in all nonresidential zoning districts and are subject
to the following regulations:
(A)
The front and all sides of a building or leasable space abutting
a public street shall be measured to determine the amount of wall
signage permitted by using the following formula:
|
Width x Height x Fifteen Percent
|
(For buildings or leasable space with a wall height
of less than twenty feet, measured from ground level to the bottom
of the roof line, the following method of measurement shall be used:
Width x Twenty Feet x Fifteen Percent).
(B)
For multi-occupant structures, only the area of leasable space shall
be used to determine maximum allowable signage.
(C)
All wall signs and sign copy shall be mounted parallel to the building
surface to which they are attached, and shall project no more than
eighteen inches from the building surface.
(D)
Signs attached to fences shall be calculated as part of the maximum
amount of wall signage and shall be in conformance with the requirements
of this article.
(2)
Wall signs in residential zoning districts.
Wall signs
shall be allowed in residential zoning districts classified as multifamily
and are subject to the following restrictions:
(A)
All signs shall be for building identification only, i.e., address
or building numbers.
(B)
A maximum of two signs per building are permitted.
(C)
All signs and sign copy shall be mounted parallel to the building
surface to which they are attached. Signs shall not be mounted on
roofs and shall not project above the roof.
(D)
No sign or sign copy shall exceed twenty-four inches in height.
(2001 Code, sec. 3.611)
Awning, canopy, marquee and letter signs are allowed in nonresidential
zoning districts and are subject to the following regulations:
(1)
Awning,
canopy, marquee and letter signs are calculated as part of the allowed
wall signage.
(2)
Nothing
in this article shall be construed to allow additional wall signage
other than that allowed in this article.
(2001 Code, sec. 3.612)
Temporary signs are allowed in the MF-1, MF-2, O, HC, C, CBD,
I, INS, and PD zoning districts and are subject to the following restrictions:
(1)
Temporary
signs in zoning districts classified as multifamily shall be erected
for a period not to exceed thirty calendar days per calendar year.
(2)
Temporary
signs in nonresidential zoning districts shall be erected for a period
not to exceed 30 days per permit. A maximum of four (4) permits may
be issued in a calendar year.
(3)
Temporary
signs shall be removed within three (3) days of the permit expiration
or within three (3) days of the activity, service, product or sales
event advertised on the sign, whichever is less.
(Ordinance 2012-17, sec. 3, adopted 11/6/12)
Construction signs are allowed in all zoning districts and are
subject to the following restrictions:
(1)
One
temporary on-site construction sign per contractor, financier, architect,
engineer or to advertise the coming of a new residential development
on the premises to which the sign pertains is allowed.
(2)
Such
signs shall not be erected prior to the issuance of a building or
development permit of the project to which the sign pertains and must
be removed at the time of final approval of the construction or development
by the building official.
(3)
Such
signage shall not exceed twelve square feet per side or exceed six
feet in height.
(4)
Two
temporary off-site construction signs are allowed for residential
subdivisions. Developers may erect one temporary off-site construction
sign until eighty percent of the lots in the advertised subdivision
are built. The second off-site construction sign may remain up to
one year after the subdivision has been accepted by the city or until
eighty percent of the lots in the advertised subdivision are built,
whichever comes first. Off-premises signs shall not exceed thirty-five
feet in height. The gross surface area shall not exceed thirty-two
square feet for each side.
(2001 Code, sec. 3.614)
Signs identifying a residentially zoned subdivision are allowed
and are subject to the following restrictions:
(2001 Code, sec. 3.615)
Real estate signs are allowed in all zoning districts and are
regulated under the following restrictions:
(1)
Developed property.
(A)
Only one real estate sign is allowed on each street frontage.
(B)
No off-premises real estate signs are allowed in residentially zoned
developed subdivisions.
(C)
The total gross surface area of each sign shall not exceed sixteen
square feet per side.
(D)
Each sign shall not exceed ten feet in height.
(E)
No permit is required for a real estate sign.
(2)
Undeveloped property.
Real estate signs may be erected
on undeveloped property as follows:
(2001 Code, sec. 3.616)
(a)
Maximum height.
Two and one-half feet.
(b)
Maximum area.
Six square feet.
(c)
Setback.
Temporary real estate directional signs: Signs
may not be closer than 100 feet or more than 150 feet back from major
intersections and must have a minimum three-foot setback from back
of curb. Individual builder’s signs are to be spaced at least
1,000 feet apart where located on the same side of the street. The
signs are prohibited on State Highway 199.
(d)
Maximum number.
Temporary real estate directional signs:
50 signs per builder.
(f)
Registration.
(1)
All individuals, builders, or contractors responsible for the placement
of temporary real estate directional signs must complete a registration
form provided by the city and pay the applicable registration fees.
(2)
As a portion of the registration, the individual responsible for
the installation of the signs shall supply a list of all builders
for which they have contracted with for the placement of such signs
and provide a map designating the location of such signs.
(2001 Code, sec. 3.617; 2001 Code,
sec. 3.617; Ordinance adopting Code)
Off-premises signs are prohibited.
(Ordinance 2012-17, sec. 4, adopted 11/6/12)
The provisions in this section shall apply to changeable copy
signs in the city. Changeable copy signs shall comply with the following
restrictions:
(1)
Changeable
copy signs are prohibited in residential zoning districts.
(2)
A
changeable copy sign shall not contain or display animation, moving
video, scrolling, flashing, blinking, flying or chase a message into
view or create a sense of motion. Such signs shall contain only static
displays.
(3)
Each
message on a changeable copy sign shall display no more than six (6)
total messages per minute.
(4)
If
complete messages are displayed, messages may fade out/fade in from
one static image/message to another static image. If, however, incomplete
messages are displayed, the screen must be completely blank for at
least two (2) seconds between completed messages.
(5)
Changeable
copy signs may not exceed forty (40) percent of the allowable sign
area for pole, monument, wall, awning, canopy, marquee and letter
signs.
(6)
Changeable
copy signs are required to be automatically dimmed after dark and
must contain a mechanism that automatically adjusts the intensity
of its display according to natural ambient light conditions, reducing
voltage and light in dark conditions and increasing voltage and brightness
in bright conditions.
(7)
The
luminance intensity of any changeable copy sign shall not exceed a
value greater than three hundred (300) footcandles determined from
any other property or from any public right-of-way, nor shall any
portion of a changeable copy sign exceed a luminance greater than
two hundred (200) footcandles within a four (4) square feet area.
(8)
Changeable
copy signs must contain a default mechanism that freezes the sign
in one position if a malfunction occurs.
(9)
A
changeable copy sign may not be used to display messages relating
to products or services that are not offered on the premises; except,
however, changeable copy signs may display time and temperature and
public service announcements such as Amber Alerts, other public safety
announcements, and announcements regarding community events.
(2001 Code, sec. 3.619)
The following signs shall be allowed in all zoning districts
and do not require a permit and must meet all other requirements of
this article:
(1)
Protective
signs that have as their purpose the protection of life and property.
(2)
Signs
or markers giving information about the location of underground electric
transmission lines, telegraph or telephone properties and facilities,
pipelines, public sewers or water lines or other public utilities.
(3)
Signs
erected by an agency of the state or a political subdivision of the
state.
(4)
The
display of a national flag or state flag, emblem, insignia, legal
notices or informational, directional or traffic signs which are legally
required or necessary to the essential functions of government agencies
(state, federal, city). Flags are permitted in all zoning districts,
except that each flag in a residentially zoned district shall not
exceed twenty-five feet in height.
(5)
Signs
with street names and/or street numbers.
(6)
Memorial
signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other noncombustible
material.
(7)
Temporary
or portable decorative displays for holidays, public demonstrations,
civic, school or religious events, or community service announcements
which do not contain advertising.
(8)
Signs
which state the name of the company which constructed a fence, not
to exceed one square foot in size.
(2001 Code, sec. 3.620)
(a)
Notwithstanding
any other provision of this article, any sign that may display a commercial
message may also display a noncommercial message, either in place
of or in addition to the commercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(b)
Notwithstanding
any other provisions of this article or other ordinance, any sign
that may display one type of noncommercial message may also display
any other type of noncommercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(2001 Code, sec. 3.621)
Air navigation facilities such as directional beacons are allowed
and a permit is required.
(2001 Code, sec. 3.622(a))
Window signs are allowed in all nonresidential zoning districts.
(2001 Code, sec. 3.622(b))
Any sign lawfully existing or under construction on the effective
date of the ordinance codified in this article which does not conform
to one or more of the provisions of this article may be continued
in operation and maintained as a legal nonconforming sign. A nonconforming
sign shall be allowed to remain until such time as:
(1)
The
sign is abandoned;
(2)
The
property owner or tenant changes or alters the sign in any manner
other than by normal maintenance to the configuration existing at
the time of enactment of this article; or
(3)
It
is determined by the building official or his designee that the sign
is a threat to health, safety, or welfare of the citizens.
(2001 Code, sec. 3.623)
Signs erected without a permit, either prior to or after the
adoption of the ordinance codified in this article, are illegal signs
if a permit was required for its erection at the time the sign was
erected. It is unlawful to maintain any illegal sign.
(2001 Code, sec. 3.624)
(a)
Deteriorated signs.
Pursuant to Texas Health and Safety
Code, chapter 342, as amended, a sign that is visible from a public
place that is dilapidated, deteriorated, unsafe, insecure, or is a
hazard to the health or safety of the public is declared a public
nuisance. The nuisance shall be abated by repair, rehabilitation,
demolition or removal in accordance with these procedures and as provided
by law.
(b)
Abandoned signs.
Pursuant to Texas Health and Safety
Code, chapter 342, as amended, a sign that is abandoned and is visible
from a public place is declared a public nuisance. The nuisance shall
be abated by repair, rehabilitation, demolition or removal in accordance
with these procedures and as provided by law.
(2001 Code, sec. 3.625)
(a)
If
the building official shall determine that any sign is dilapidated,
deteriorated, unsafe, insecure, or is a hazard to the public, he shall
give written notice to the property owner, lessee, or sign erector
to repair, replace or remove such sign. If the property owner, lessee,
or sign erector fails to remove or repair the sign within ten days
after such notice, the building official shall remove the sign at
the expense of the owner of the property upon which the sign is located.
The building official shall cause any sign which is an immediate hazard
to persons to be removed without notice and the cost of same shall
be paid by the property owner.
(b)
Any
sign which is removed by the building official pursuant to this section
shall be impounded and stored by the building official. Records of
where such signs are located and when removed shall be kept. The building
official shall send a letter to the owner of such sign, if known,
or, if not known, to the owner or person in control of the premises
where such sign was located, giving notice of such impoundment.
(c)
The
building official shall hold the sign in storage for at least thirty
days after notice of impoundment has been mailed. Any sign may be
redeemed by the owner upon payment of the costs of removal of and
hauling the sign to storage, as determined by the building official,
plus a per-day storage fee. Such fees shall be established by the
city council.
(d)
Any
sign not reclaimed by the owner thereof within thirty days of the
mailing of the notice of impoundment shall be disposed of in accordance
with applicable law.
(2001 Code, sec. 3.626)
(a)
The city assesses the expenses incurred pursuant to section 3.08.031 of this article against the real estate on which the nuisance is abated, and charges the owner of the property for the same. The city shall send the owner of the property upon which the work was done a notice. The notice shall include:
(1)
An identification of the property;
(2)
A description of the violation;
(3)
A statement that the city abated the condition;
(4)
A statement of the city’s charges and expenses in abating the
condition;
(5)
An explanation of the property owner’s right to request a hearing
within ten days; and
(6)
A statement that, in the event the owner fails or refuses to pay
the expense within thirty days after the first day of the month following
the one in which the work was done, the mayor or his/her designee
shall obtain a lien against the property by filing with the county
clerk of the appropriate county a statement of the expenses so incurred.
(b)
The
lien is security for the expenditures made and interest accruing at
the rate of ten percent per year from the date of payment by the city.
(c)
When
the statement is filed, the city shall have a privileged lien on that
property, second only to tax liens and liens for street improvements.
(d)
For
any such expenditures and interest, suit may be instituted and recovery
and foreclosure had by the city. The statement of expenses, or a certified
copy thereof, is prima facie proof of the expenses incurred by the
city in doing the work or making the improvements, all as more particularly
specified in Texas Health and Safety Code annotated section 342.007,
as amended, which is adopted and incorporated in this article by reference.
(2001 Code, sec. 3.627)
(a)
Any
appeal from a decision of the building official under the terms of
this article shall be made to the building board of adjustment in
accordance with the procedures set forth in the building codes of
the city.
(b)
The
board of adjustment will conduct a hearing if the property owner submits
a written request within ten days of the notice. The board may find,
if a preponderance of the evidence presented so shows, that the charges
are erroneous and may adjust the charges.
|
Exhibit A. Sign Visibility Triangle Illustration
 |
(2001 Code, sec. 3.628; 2001 Code,
art. 3.600, exhibit A)
