All signs erected, placed, rebuilt, enlarged, extended, altered,
replaced, or relocated within the city or its extraterritorial jurisdiction
(ETJ) shall comply with the requirements of this article.
(Ordinance 819-17 adopted 9/25/17)
Signs are an important and necessary means of communication.
When properly regulated, signs can serve as a great economic and aesthetic
asset. They can be lively, colorful and exciting. In enacting this
article, it is the intent of the city to promote attractive signage
and streetscapes, facilitate way-finding and traffic safety, promote
commerce, and to comprehensively address community aesthetic concerns
about visual clutter and visual blight in the environment. The regulation
of signs in the city is intended to promote an aesthetically pleasing
environment with these concerns in mind. Sign regulation shall be
consistent with land use patterns, and signs shall add to rather than
detract from the architecture of the buildings where they are located.
Signs shall be well maintained and, in addition, shall not create
traffic safety hazards. The regulation of signs in the city also is
intended to be content neutral wherever required and to provide adequate
opportunity for the presentation of messages of many varieties.
(Ordinance 819-17 adopted 9/25/17)
It is the policy of the city to encourage signage which is appropriate
to the county setting and the rural character of the city, and to
discourage signs which are in conflict with the established character
of the community. To this end, all sign owners must conform to the
following guidelines for sign location, configuration, design and
materials:
(1) Signs
shall be located with sensitivity to preserving the natural landscape
and environment. Signs shall be incidental complements to the principal
use of a site, and shall never be allowed to visually dominate a site.
(2) The
height, width and area of a sign shall be in proportion to the dimensions
of a building to which the sign is attached, if any, and in architectural
harmony with surrounding structures. Sign dimensions shall respect
the size, scale and mass of a building facade, the height of the building,
and the rhythms and sizes of window and door openings.
(3) Illuminated
signs - light source:
(A) Every part of the light source of any illuminated sign allowed by
this title shall be concealed from view from vehicular traffic in
the public right-of-way, and the light shall not travel directly to
vehicular traffic in the public right-of-way but instead should be
visible only from a reflecting or diffusing surface.
(B) This provision shall not apply to neon tube lighting.
(Ordinance 819-17 adopted 9/25/17; Ordinance 916-20 adopted 3/9/20)
(a) It
shall be unlawful for any person to erect, place, alter, or relocate
a sign within the corporate limits or extraterritorial jurisdiction
of the city except in accordance with the provisions of this article.
It shall be unlawful for any owner of real property in the city or
the city’s extraterritorial jurisdiction to have any sign located
on such property except in accordance with the provisions of this
article. Any violation of this article is hereby declared to be a
public nuisance. A sign that is erected, constructed, relocated, expanded,
or structurally altered in violation of this article, and is not a
nonconforming sign, is hereby declared to be a public nuisance.
(b) If
the city manager or his designee determines that a sign is in violation
of the provisions of this article, the owner or person responsible
for the possession of the sign shall be sent written notice of such
violation. Notice may be delivered personally or by certified mail
and shall include the nature of the violation. The owner or person
responsible for the possession of the sign shall have fourteen (14)
days to comply with the provisions of this article before enforcement
efforts and/or prosecution is undertaken by the city.
(c) Any
person in violation of any of the provisions of this article shall,
upon conviction in municipal court, be fined not less than fifty dollars
($50.00) and not more than two thousand dollars ($2,000.00). Each
day such violation exists shall constitute a separate offense.
(Ordinance 819-17 adopted 9/25/17)
(a) Generally.
(1) Any new sign to be erected or placed within the city or its extraterritorial
jurisdiction requires a permit from the city manager or his designee.
(2) Certain temporary signs, as determined by the city manager or his
designee, do not require a permit. Contact the city for a list of
temporary signs not subject to permitting requirements.
(b) Application form.
(1) Sign permit application forms are available at the city’s municipal
building located at 200 E. McAlpine St., or online at:
(2) A sign permit application must include the following:
(A) A drawing indicating the size and height of the proposed sign.
(B) Lighting information, if any.
(C) Site plan indicating the location of the sign.
(D) Other pertinent information as required by the city manager or his
designee.
(c) Permit fee.
(1) A permit fee shall accompany the sign application. No permit authorizing
construction/installation shall be issued unless all applicable fees
have been paid. Signs installed prior to obtaining a permit may require
the applicant to submit a fee of two times the normal permit fee.
(2) Permit fees are based on valuation below:
Valuation
|
Fee
|
---|
$1.00 to $500.00
|
$23.50
|
$501.00 to $2,000.00
|
$23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
|
$2,001.00 to $25,000.00
|
$69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
|
$25,001.00 to $50,000.00
|
$391.25 for the first $25,000.00 plus $10.10 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
|
$50,001.00 to $100,000.00
|
$643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
|
$100,001.00 to $500,000.00
|
$993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
|
$500,001.00 to $1,000,000.00
|
$3,233.75 for the first $500,000.00 plus $4.75 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
|
$1,000,001.00 and up
|
$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional
$1,000.00, or fraction thereof
|
(d) Approval.
Applications shall be reviewed by the city
manager or his designee within 14 days from the date a complete application
is submitted for review. The city manager or his designee may approve,
recommend changes to, or reject the sign application based upon its
conformance with the provisions of this article. Sign installation
must be completed within 120 days of the date of issuance of a permit.
Signs not completed within 120 days must reapply for a permit.
(e) Inspection.
All signs regulated by this article are
subject to inspection by the city manager or his designee.
(Ordinance 819-17 adopted 9/25/17)
(a) Restrictions.
No sign shall be rebuilt, enlarged, extended,
altered, replaced, or relocated, except on the issuance of a permit
by the city manager or his designee.
(b) Alteration defined.
For the purpose of this section,
the changing of moveable parts of a sign which are designed for changing,
or the repainting of display matter, or the repairing in place shall
not be deemed to be an alteration and no permit shall be required.
(Ordinance 819-17 adopted 9/25/17)
(a) No
sign shall be attached in any manner to any fire escape or to the
support member of any fire escape.
(b) Applicant(s)
shall obtain site approval from each utility entity before installation.
(c) Signs
shall not block or interfere with any window or door.
(d) Signs
and their installation shall not obstruct visibility of traffic or
otherwise cause a traffic hazard.
(e) Subject
to the requirements of this article, public athletic facilities may
have signs attached to fences surrounding such facilities to provide
for public information or team sponsor advertising.
(Ordinance 819-17 adopted 9/25/17)
(a) Appeals
or variances from this article shall be heard by the city council.
(b) Appeals
to the city council may be taken by any person aggrieved, or by any
officer, department, or board of the city affected by any decision
of the city manager or his designee relative to the enforcement of
this article. Such appeal shall be taken within fifteen (15) days’
time after the decision has been rendered by the city manager or his
designee, by filing with the city manager or his designee a notice
of appeal specifying the grounds thereof, and upon payment of a fee
in an amount determined by the city council. The city manager or his
designee shall provide to the city council all papers constituting
the record upon which the action appealed from was taken.
(c) An
appeal shall stay all proceedings in furtherance of the action appealed
until the city council takes action, unless the city manager or his
designee certifies to the city council, after the notice of appeal
has been filed, that in the city manager’s opinion such stay
will cause imminent peril to life. In such case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by a court of competent jurisdiction. Any criminal action commenced
in the municipal court shall not be stayed.
(d) An
appeal shall be heard at a public meeting and any interested party
may appear before the city council in person, by agent, or by attorney.
The burden of proof shall be on the applicant to establish the necessary
facts to warrant favorable action of the city council on the matter.
Any action by the city council granting an appeal and authorizing
the issuance of a sign permit shall be valid for only ninety (90)
days. The city council shall have the authority to extend this period.
If said sign permit is not secured in the ninety (90) days, or such
period granted by the city council, the action of the city council
shall become void without prejudice to a subsequent appeal and such
appeal shall be subject to the same regulations and requirements for
hearing as herein specified for the original appeal.
(e) The
city council may reverse or affirm, wholly or in part, or may modify
the order, requirements, decision or determination appealed from and
make such order, requirement, decision or determination that in the
city council’s opinion should be made. The city council shall
have the power to impose reasonable conditions in order to assure
compliance with the provisions of this article and protect adjacent
property.
(f) The
affirmative vote of a majority of the city council present at an appeal
hearing shall be necessary to reverse any order, requirement, decision
or determination of the city manager or his designee, or to decide
in favor of the applicant on any matter upon which the city council
is required to act under this article.
(g) When
a variance from the requirements of this article is requested a public
hearing shall be held on the requested variance before any action
is taken by the city council. Notice of the public hearing shall be
published at least once in the city’s official newspaper before
the hearing date and shall include a description of the requested
variance and the time and place of the public hearing. Written notice
including a description of the requested variance and the time and
place of the public hearing shall be sent to the owners of real property
lying within two hundred (200) feet of the property for which the
variance is requested as determined from the most recently approved
city tax roll.
(h) City
staff will prepare an 18" X 24" public notice placard for the applicant
or their representative to post on the property. The placard shall
include the following: (1) that a variance from the city’s sign
regulations has been requested for the property; (2) the time and
place of the public hearing on the requested variance; and (3) a phone
number for community development should a citizen have questions.
The placard must be placed within fifteen (15) feet of the front property
line. The placard shall be placed on the property at least 10 days
before the hearing and removed within 24 hours after the hearing is
conducted. After removal the placard shall be returned to city staff
by the applicant or their representative.
(Ordinance 819-17 adopted 9/25/17; Ordinance 894-19 adopted 8/26/19)
Nonconforming signs that are abandoned, deteriorated, or damaged
beyond economical repair shall be removed. Owners or responsible parties
shall be given written notice to have the sign removed within thirty
(30) days. If the responsible party fails to remove or alter the structure
as required within the specified time frame, the city may undertake
the removal and confiscation of such sign at owner’s expense.
(Ordinance 819-17 adopted 9/25/17)
All signs conforming to the applicable requirements of this article and which are not expressly prohibited under section
3.06.012 are permissible. The following signs shall conform to the following required conditions:
(1) Architectural sign.
(A) Generally.
A sign indicating the name of a building
or indicating the date or other information of historical interest
about the building’s construction, when such sign is cut or
molded into a masonry surface which forms part of a wall of the building
or when it is constructed as a plaque or tablet of bronze or other
incombustible material and permanently mounted on the face of the
building. This shall apply to historical plaques and medallions from
the Texas Historical Commission and the National Trust for Historic
Preservation.
(B) Required conditions.
A permanent sign that is integral
to the design of a doorway, column, cornice, or parapet and the materials
of which are integral to the surface of the building facade.
(2) Awning sign.
A sign painted on or attached to the outside
of an awning, canopy or any similar structure such as is typically
extended over a window, door, patio, deck, or walkway.
(3) Banner/flag sign.
(A) Banner signs generally.
A sign intended to be hung either
with or without frames, made of paper, plastic, fabric of any kind,
or any nonrigid material.
(B) Banner sign required conditions.
(i) A temporary sign made of cloth or other flexible material.
(ii)
Duration: 30-day maximum.
(iii)
Limited to 3 installations per calendar year beginning on the
date of the first installation. A minimum 30-day waiting period is
required between each banner sign installation.
(iv)
Permit required, permits are valid for thirty (30) days. Permit fee to be charged in accordance with the fee schedule set forth in section
3.06.005.
(v) Maximum quantity of one (1) banner sign per business location.
(C) Flag signs generally.
A sign that is a used for marketing
purposes, is temporary in nature, is inserted into or affixed to the
ground, a base, a structure or other item to support the sign; and
is made of paper, plastic, fabric, or any nonrigid material.
(D) Flag sign required conditions.
(i) Permit required, permits are valid for one (1) year. Permit fee to be charged once per year in accordance with the fee schedule set forth in section
3.06.005.
(ii)
Flag signage may remain on display while the sign is in good
condition free from fading, fraying and any deterioration. Once deterioration,
fraying or fading starts the sign must be replaced or removed.
a. If the flag sign is not replaced or removed after notification by the city in accordance with section
3.06.004 the permit will be revoked.
b. Once a permit is revoked the city may remove the flag sign. The owner
may retrieve the sign from city hall. If the owner fails to retrieve
the sign from city hall within the ten (10) days, the city may dispose
of the sign.
c. Owners wishing to install another flag sign in place of one for which
the permit has been revoked, must obtain a new permit and a permit
fee will be required.
d. If multiple (two (2) or more) permits are revoked by the city within
one (1) calendar year the property will be disqualified from receiving
any sign permits for a period of one (1) year from the date of the
last permit revocation.
(iii)
Maximum quantity of one (1) per twenty feet of available landscaped
street frontage and must be placed at least twenty feet apart.
a.
In cases where there is no landscaped street frontage, planter
boxes will be permissible.
b.
Maximum quantity of one (1) flag per planter.
(iv)
Maximum dimensions: 8 ft. height, 2 ft. width.
(4) Canopy/hanging sign.
(A) Generally.
A sign which is suspended from the underside
of an awning or canopy structure or which projects into the space
enclosed within or beneath an awning or canopy structure.
(B) Require conditions.
(i) Suspended from ceiling or covered pedestrian walkway.
(ii)
Perpendicular to the building.
(iii)
Maximum area of 4 sq. ft.
(iv)
7.5 ft. minimum height from walking surface.
(5) Freeway sign.
(A) Generally.
Any sign that is mounted on visible poles
or structures.
(B) Required conditions.
(i) A sign oriented to and designed to be viewed from a freeway.
(ii)
Allowed within 400 feet of State Highway 6 and State Highway
105 E/249.
(iii)
Maximum height 42-1/2 ft.
(iv)
Sign area maximum 150 sq. ft.
(v) Only 1 sign per lot or parcel of land.
(6) Freestanding sign.
(A) Generally.
A sign not attached to a building, permanently
erected upon or standing in the ground and usually supported from
the ground by one or more poles, columns, uprights, braces.
(B) Required conditions.
(i) Zoning overlay district: Sign area 32 sq. ft. - maximum height 4
ft.
(ii)
Within 400 feet of Highway 6: Sign area 64 sq. ft. - maximum
height 10 ft.
(iii)
All other areas: Sign area - 32 sq. ft. - max height 6 ft.
(iv)
Less than 12" clearance between sign and ground.
(v) Only 1 sign per business location.
(7) Monument sign.
(A) Generally.
A sign permanently affixed to the ground,
not elevated by any pole or structure and not attached to or dependent
upon any building for support with no open space visible between the
bottom of the sign face and the solid support base.
(B) Required conditions.
(i) Sign area:
a. Within 400 feet of Highway 6: 50 sq. ft.
b. All other locations: 32 sq. ft.
(ii)
Maximum height:
a. Within 400 feet of Highway 6: 10 ft.
b. All other locations: 6 ft.
(iii)
One sign per business or subdivision location
(8) Programmable electronic sign.
(A) Generally.
A sign capable of displaying words, symbols,
figures, or images that can be electronically or mechanically changed
by remote or automatic means. The elements may be internally illuminated
or may be illuminated by electric light. Includes LED and any other
flat panel technology.
(B) Required conditions.
(i) Prohibited in the central business district and Washington Overlay
District.
(ii)
Sign area: Maximum 24 sq. ft.
(iii)
Sign height: Maximum 30 ft.
(iv)
Sign shall not display animated messages, including flashing,
blinking, fading, rolling, shading, dissolving, or any other effect
that gives the appearance of movement.
(v) Sign shall not include any audio message.
(vi)
Sign message shall not be displayed for a period of time less
than 20 seconds.
(vii)
Transitions from one message to another message shall appear
instantaneous as perceived by the human eye.
(viii)
Each sign message shall be complete in and of itself and shall
not continue on a subsequent sign message.
(ix)
Signs shall utilize automatic dimming technology to adjust the
brightness of the sign relative to ambient light so that at no time
shall a sign exceed a brightness level of three tenths (0.3) footcandle
(lux) above ambient light.
(x) Only 1 sign per lot or parcel of land.
(9) Projecting sign.
(A) Generally.
A sign which extends outward from a building
and has one end attached to such building or other permanent structure.
(B) Required conditions.
(i) A two-sided projecting sign intended to be viewed from the side.
(ii)
Prohibited in all areas except commercial districts.
(iii)
Size - 30 sq. ft. per face maximum.
(iv)
One projecting sign per business street frontage.
(10) Pylon sign.
(A) Generally.
A sign where the message surface contains
deliberate visual demarcations used to divide the message area of
the sign into separate message departments to show multiple tenants.
(B) Required conditions.
(i) Sign area: Maximum 64 sq. ft.
(ii)
Sign height:
a.
Highway 6 Frontage: 30 ft.
(iv)
Prohibited in Washington Overlay District.
(11) Sidewalk sign.
(A) Generally.
A temporary sign, regardless of its construction,
which is designed to be placed on the ground or sidewalk to advertise
or call attention to the goods or services offered at the establishment.
(B) Required conditions.
(ii)
Sign area: Maximum 9 sq. ft.
(iii)
Sign height: Maximum 3 ft.
(v) Allowed during business hours only.
(12) Wall-mounted sign.
(A) Generally.
A sign mounted directly onto a building surface
or onto a backboard mounted directly onto a building surface.
(B) Required conditions.
(i) The attached sign must be mounted flush against or parallel to the
surface of a building facade.
(ii)
Includes wall signs and 3-D signs.
(iii)
Area: Max 150 sq. ft. along the front of the building. Max 80
sq. ft. along the side of building.
(iv)
May not extend above roofline of building.
(v) Only 1 per roadway frontage.
(13) Real-estate/development sign.
(A) Generally.
A temporary sign advertising the sale or
lease of real property.
(B) Required conditions.
(iii)
Only 1 sign per property.
(iv)
Duration: To be removed within 3 days of event or completion
of transaction.
(14) Construction sign.
(A) Generally.
A temporary sign directly connected with
a construction project.
(B) Required conditions.
(iii)
Duration: While work in progress and 3 days after completion.
(15) Home occupation sign.
(A) Generally.
A permanent sign located in a residential
district on a single platted lot or tract of land containing a residential
structure where commercial activity is carried on by a member of the
immediate family, residing on the premises.
(B) Required conditions.
(i) Maximum area of 2 sq. ft.
(ii)
Maximum quantity 1 per platted lot or tract of land.
(iii)
Must be attached to the primary residential structure or the
accessory structure in which the home occupation is conducted.
(iv)
Color and design are encouraged to compliment building architecture.
(Ordinance 819-17 adopted 9/25/17; Ordinance 884-19 adopted 4/8/19; Ordinance
905-19 adopted 10/14/19; Ordinance 916-20 adopted 3/9/20; Ordinance 1015-23 adopted 2/13/2023)
The area of a sign shall be calculated as follows:
(1) Message
surface consists of an integral surface and has a rectangular shaped
perimeter.
(2) The
area of the sign shall be the area within such perimeter.
(3) The
formula for calculation (see example below): A = (w)(l). Example:
A = (11)(5) = 55 sq. ft.
Sign Type
|
Maximum Area
(sq. ft)
|
Maximum height
(ft.)
|
Number allowed
|
---|
Architectural
|
n/a
|
n/a
|
n/a
|
Awning
|
n/a
|
n/a
|
n/a
|
Banner
|
n/a
|
n/a
|
3 per year
|
Canopy/hanging
|
4
|
7.5 minimum height from walking surface
|
n/a
|
Flag
|
16
|
8 ft.
|
1 per 20 feet of landscaped frontage
|
Freeway/pole
|
150
|
42.5
|
1 per lot or parcel
|
Freestanding
|
32 or 64 when 400 feet from Highway 6
|
6
|
1 per business location
|
Monument
|
32 or 50 when 400 feet from Highway 6
|
6 or 10 when 400 feet from Highway 6
|
1 per business or subdivision location
|
Programmable electric
|
24
|
30
|
1 per lot or parcel
|
Projecting
|
30
|
N/a
|
1 per street frontage
|
Pylon
|
64
|
8 or 30 when on Highway 6 frontage
|
1 per street frontage
|
Sidewalk
|
9
|
4.5
|
1
|
Wall-mounted
|
150 front, 80 side
|
n/a
|
1 per street frontage
|
Real-estate/development
|
8
|
n/a
|
1
|
Construction
|
32
|
n/a
|
1
|
(Ordinance 819-17 adopted 9/25/17; Ordinance 916-20 adopted 3/9/20)
The following signs are prohibited:
(1) Billboards.
A sign in a fixed location which meets any
one or more of the following criteria:
(A) It is used, in whole or in part, for the display of off-site commercial
messages;
(B) It constitutes principal, separate or secondary use, as opposed to
an accessory, ancillary or appurtenant use, of the parcel on which
it is located;
(C) An outdoor sign used as advertising for hire or general advertising,
i.e., on which display space is made available to parties other than
the owner of the sign or the property on which it is placed; or
(D) An off-site outdoor advertising sign on which space is leased or
rented.
(2) Snipe signs.
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 there on is not applicable to the use of the premises
upon which such sign is located.
(3) Off-premises signs.
A sign displaying advertising that
pertains to a business, organization, activity, event, place, service
or product not principally located or primarily manufactured or sold
on the premises on which the sign is located.
(4) Inflatable signs.
A sign enlarged or inflated which
floats, is tethered in the air, is activated by air or moving gas,
or is located on the ground or on a building.
(Ordinance 819-17 adopted 9/25/17)
(a) Generally.
It is unlawful for any person to erect, maintain
or cause to be erected or maintained any sign of any type upon any
public property owned or controlled by the city, including, but not
limited to: public buildings, streets, bridges, sidewalks, easements,
or rights-of-way within the city without the prior written approval
of the city manager or his designee; provided, however, this section
shall not apply to a public employee in the regular course and scope
of the employee's employment.
(b) Public facility signs.
Signs located on public property
owned or controlled by a governmental entity (such as a city, school
district, county or other political subdivision) for property identification,
public information or notice, or community safety purposes shall be
permitted on such public property, notwithstanding any other provision
of this article or whether such sign is a principal, separate or secondary
use on such public property.
(1) Required conditions.
(A) Zoning overlay district: Sign area 32 sq. ft. - maximum height 4
ft.
(B) Within 400 feet of Highway 6: Sign area 64 sq. ft. - maximum height
10 ft.
(C) All other areas: Sign area - 32 sq. ft. - maximum height 6 ft.
(Ordinance 986-21 adopted 1/10/22)
(a) Any sign found in violation of any of the requirements of this article may be removed and impounded by the city at the owner’s expense. The building official or designee may cause a sign to be removed and impounded after providing notice in accordance with section
3.06.004. Impounded signs which are not claimed within ten (10) days of their removal will be deemed abandoned and disposed of by the city.
(b) Notwithstanding
the above or any other requirement of this article, the building official
or designee may immediately remove and impound a sign without notice
if the sign is:
(3) On public property in violation of section
3.06.013; or
(4) Deemed to be dangerous or defective and may cause imminent peril
to life or property.
(Ordinance 844-18 adopted 5/14/18)