Editor’s note(s)–Ordinance
O-19-020, secs. 1 and 2, adopted June 20, 2019, repealed Ch. 21 and
enacted a new chapter as set out herein. The former Ch. 21, secs.
21-1–21-13, pertained to similar subject matter and derived
from secs. 1–12 of an ordinance adopted April 23, 1981, sec.
1 of an ordinance adopted July 23, 1984; sec. III of an ordinance
adopted Dec. 2, 1993; sec. 1 of an ordinance adopted Dec. 3, 1998;
sec. 1 of an ordinance adopted Aug. 21, 2003; Ordinance O-16-014,
adopted June 2, 2016; and Ordinance O-16-020, adopted Sept. 1, 2016.
This chapter shall be known as the “City of Brenham Sign
Ordinance.”
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
The purpose of this chapter is to provide minimum standards
to safeguard and promote life, health, property, safety and public
welfare by regulating the size, construction, illumination, movement,
materials, location, height, condition, installation, and maintenance
of all signs placed on public or private property for exterior observation,
thus promoting the protection of property values, the preservation
of the character of the various neighborhoods of the City of Brenham
(“city”), the creation of an attractive and harmonious
community, and protection against interference with the historic character
of designated areas. This chapter shall not be interpreted in a manner
inconsistent with the United States Constitution First Amendment guarantee
of free speech. If any provision of this chapter is found by a court
of competent jurisdiction to be invalid, such finding shall not affect
the validity of other provisions of this chapter that can be given
effect without the invalid provision. Unless exempted in this chapter,
all signs in the corporate limits of the City of Brenham and its extraterritorial
jurisdiction (“ETJ”) shall be erected, constructed, installed
and maintained in accordance with the standards and requirements of
this chapter.
These sign regulations are intended to:
(1)
Promote
the safety of persons and property;
(2)
Protect
the public welfare and to enhance the appearance and economic value
of the community;
(3)
Promote
compatibility of signs with the use of the property to which the signs
are appurtenant;
(4)
Promote
compatibility of signs with the landscape and architecture of surrounding
buildings;
(5)
Promote
signs that are appropriate to the activity to which the signs pertain;
(6)
Avoid
and minimize traffic accidents and problems caused by distracting
signs;
(7)
Ensure
that all signs are constructed and maintained in a structurally sound,
safe and attractive condition.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
Any sign authorized to be displayed by this chapter may contain
a noncommercial message.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
As used in this chapter, unless the context otherwise indicates,
the following words are defined as follows. Words and terms not expressly
defined in this section have their ordinary meanings based on the
latest edition of Merriam-Webster’s unabridged dictionary.
Devices erected, placed or maintained outdoors so as to attract
attention, including but not limited to the following devices: cut
out figures, discs, festoons, tinsel, ribbons, pinwheels, inflatable
objects such as balloons, pennants, propellers, steam or smoke producing
devices, streamers, whirligigs, wind devices, blinking, rotating,
moving, chasing, flashing, glaring, strobe, scintillating, search,
flood or spot lights, or similar devices. Attention-getting devices
shall not include any structure or device that is permitted under
the city’s applicable building code or other code(s).
A sign painted on, printed on, or attached flat against the
surface of an awning or canopy. An “awning or canopy sign”
shall be considered an attached wall sign.
A flexible roll-up sign made of vinyl, cloth or any other
lightweight non-rigid material, containing text, images, words, symbols
or logos attracting attention to a business, facility, organization
or event. A banner enclosed with a rigid frame shall be considered
a wall sign.
A sign that is freestanding and is an off-premises sign that
is designed to allow for a change in copy, so that the characters,
letters, display, or illustrations can be changed or rearranged within
a fixed sign face. Billboards are not permitted anywhere in the city
and its ETJ.
The distance or length of the primary building on the property
adjacent and generally parallel to the business frontage or lot frontage.
A sign which permits lights to be turned on or off intermittently
or which is operated in a way whereby light is turned on or off intermittently,
including any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use, including but not limited to a light emitting diode
(LED), liquid crystal display (LCD), or digital sign, and which varies
in color or intensity. The term “CEVMS signs” does not
include a sign located within the public right-of-way which functions
as a traffic control device and which is described and identified
in the Manual on Uniform Traffic Control Devices (MUTCD) approved
by the federal highway administrator as the national standard.
The condition of any sign such that elements of the sign
area or background have portions of the finished material missing,
broken, or illegible; where the structural support is visibly bent,
broken, dented, rusted, corroded, or loose; or where the sign or its
elements are not in compliance with the applicable electrical code,
building code or other code(s).
A systematic network of directional on-premises and off-premises
signage installed and maintained by a public or private entity to
guide vehicular or pedestrian movement to/through a residential subdivision,
nonresidential development or other areas of the city.
A sign which is supported by structures or supports in or
upon the ground and independent of support from any building. The
term “ground sign” includes pole and monument signs unless
otherwise specified in this chapter.
An inflatable device, with or without a message, text, images,
figure, or design attached to its surface, which is designed to attract
attention.
A ground sign that provides an effective area for multi-tenant
advertisement which identifies a major multi-tenant shopping center
and displays the name of a business, profession, service, product,
or activity conducted, sold, or offered within the major multi-tenant
shopping center.
A canopy or covering structure bearing a signboard or copy
projecting from and attached to a building. A “marquee sign”
shall be considered an attached wall sign.
A sign or portion of a sign attached to a sign structure
or wall which contains a sign face designed to be frequently changed,
or to allow the removal or replacement of individual letters, words,
or symbols on the sign face for the purpose of changing an advertising
message or other communication. See also “sidewalk signs.”
Any freestanding sign, the entire base of which is affixed
directly to the ground or is supported by a sign structure that has
a base whose width measures at least seventy-five (75) percent of
the width of the sign that is placed or anchored in the ground.
Any sign identifying or advertising a business, person, activity,
goods, products, or services not located on the property where the
sign is installed and maintained, or that directs persons to a location
other than the property where the sign is located.
Any sign identifying or advertising a business, person, activity,
goods, products, or services primarily sold, offered for sale, or
located on the property where the sign is installed and maintained.
Any freestanding sign, that is permanently supported in a
fixed location by a structure of poles, uprights, or braces from the
ground and not supported by a building or base stricture.
A sign designed or constructed to be readily moved from one
(1) location to another, including but not limited a to sign mounted
upon or designed to be mounted upon a trailer, bench, wheeled carrier
or other non-motorized mobile structure. A portable sign that has
wheels removed shall be considered a portable sign hereunder. For
the purposes of this chapter, trailer signs and signs on benches are
portable signs.
A sign, other than a wall sign, which is affixed to any building
wall or structure and extends beyond the building wall or structure.
A projecting sign shall extend no more than four (4) feet perpendicular
from the wall and no more than three (3) feet vertically above the
wall of the building or structure.
The owner/operator of the business, facility or other entity
identified on a sign; the owner of the property upon which a sign
or sign structure is located; the owner of a sign or sign structure;
the person or entity who installs a sign or sign structure, or contracts
with a third party to accomplish the installation; and/or the person
who retrieves or claims a sign that has been impounded by the city.
A sign erected, constructed and maintained wholly upon or
above the roof of a building with the principal support attached to
the roof structure. A roof sign shall not at any point exceed eight
(8) feet above the roof level. A “roof sign” shall be
considered an attached wall sign.
A moveable, portable, pedestrian-oriented, temporary sign
that is supported by its own frame, and that is not secured or attached
to the ground or surface upon which it is located. A-frame signs and
sandwich board signs shall be considered sidewalk signs.
A structure, sign, display, light device, figure, painting,
drawing, message, plaque, poster, billboard, or other object that
includes text and/or images which is designed, intended, or used to
communicate. Each display surface of a sign or sign face shall be
considered to be a separate sign.
The space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure or where attached directly to a building wall or surface, the space within the outline enclosing all the characters of the words, numbers, text, images or design. See section 21-17, Exhibits.
The visually communicative elements, including but not limited
to words, letters, numbers, designs, figures, text, images or other
symbolic presentation incorporated into a sign with the purpose of
attracting attention to the subject matter or message.
The entire display surface area of a sign upon, against, or through which sign copy is placed. See section 21-17, Exhibits.
The shortest distance between the edge of pavement and the
outer (leading) edge of any portion of a sign.
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, stakes,
utility poles, fences, public structures or other objects which are
not erected, owned or maintained by the owner of the sign, and the
advertising or other communication matter appearing thereon is not
applicable to the use of the premises upon which such sign is located.
A banner, poster, or advertising display constructed of paper,
cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other
like materials and that is intended to be displayed for a limited
period of time. Signs encased in a rigid frame affixed to a building
shall be considered a wall sign.
A sign suspended beneath a canopy, ceiling, roof, or marquee.
Shall be considered an attached wall sign.
Any sign, installed on or affixed to the exterior wall of
a building, supported by the wall, and having the sign face generally
parallel to the wall or painted directly onto the wall.
Any sign affixed to a window or exterior glass door or installed
in any manner such that is intended to be viewable from the exterior
of a building or structure.
(Ordinance O-19-020, sec. 2, adopted 6/20/19; Ordinance O-21-015, sec. 1, adopted 7/15/21)
All signage listed in this section shall be prohibited within the corporate limits of the City of Brenham and its ETJ. Additionally, any sign not specifically authorized in this chapter is prohibited within the corporate limits of the City of Brenham and its ETJ unless granted prior approval by city council. With the exception of billboards (refer to section 21-16), all existing prohibited signage shall be removed within one hundred twenty (120) calendar days from June 20, 2019, the effective date of the ordinance from which this chapter is derived.
(1)
Attention-getting
devices;
(2)
Billboards;
(3)
Portable
signs with the exception of sidewalk signs;
(4)
Signs
attached to or being held by a human or living creature for the purpose
of advertising a commercial message for a business use;
(5)
Signs
attached to any trees, utility pole or wire, traffic sign or signal;
(6)
Signs
located in any public right-of-way;
(7)
Signs
placed on parked vehicles or trailers for the primary purpose of displaying
said sign; and
(8)
Snipe
signs.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
Sign
administrator.
The city manager or his/her designee shall
appoint a sign administrator. The sign administrator is empowered
to delegate the duties and powers granted to and imposed upon him/her
by this chapter to other persons subject to the supervision and direction
of the sign administrator. The sign administrator is directed to enforce
and carry out all provisions of this chapter.
(b)
Enforcement
responsibility.
The duties of the sign administrator
shall include not only the review and approval of permit applications
as required by this chapter, but also the responsibility of ensuring
that all signs comply with this chapter and any other applicable law,
and that all signs for which a permit is required by this chapter
have been erected, constructed, installed and maintained pursuant
to a valid permit. The sign administrator shall make such inspections,
in accordance with applicable law, as may be necessary and shall initiate
appropriate action to bring about compliance with this chapter and
other applicable law. The sign administrator shall investigate any
complaints of alleged violations of this chapter.
(c)
Powers
of the sign administrator.
The sign administrator shall
have the power and authority to administer and enforce the provisions,
standards and requirements of this chapter and all other applicable
laws and ordinances relating to signs. Such powers include, but are
not limited to the following specific powers:
(1)
Every
sign for which a permit is required shall be subject to the inspection
and approval of the sign administrator.
(2)
Upon
presentation of proper identification to the responsible party in
control of such property, as authorized by and in accordance with
applicable law, the sign administrator may enter, for the purposes
of inspecting and investigating signs or sign structures, any building,
structure, or other premises or property between the hours of 8:00
a.m. and 5:00 p.m., Monday through Saturday; provided, however, that
in cases of emergency where dangerous hazards are known or reasonably
suspected to exist which may involve imminent injury to persons, loss
of life, or significant property damage, and where the responsible
party in control of the property is not available after the sign administrator
has made a good faith effort to locate same, the sign administrator
may enter the aforementioned structures and premises at any time upon
presentation of proper identification to any other person upon the
premises. If the sign administrator is denied admission to inspect
any premises, inspection shall be made only under authority of an
administrative search warrant or other appropriate warrant issued
by a magistrate authorizing the inspection of the property for violations
of this chapter or other applicable laws and ordinances.
(3)
The
sign administrator is hereby granted the power and authority to revoke
any and all permits authorized by this chapter for violation of the
provisions, standards or requirements of this chapter.
(4)
Upon
issuance of a stop work order from the sign administrator, work on
any sign that is being conducted in a manner contrary to the provisions
of this chapter or is being conducted in a dangerous or unsafe manner
shall be immediately stopped. Such stop work order shall be in writing
and shall be given to the owner of the property, to the owner’s
agent, or to the person doing the work, and shall state the conditions
under which work may be resumed. In the event of an emergency, the
sign administrator may verbally order that work be stopped without
prior written notice, and a written stop work order shall be issued
by the sign administrator no later than 5:00 p.m. of the next business
day. Following the issuance of a stop work order, the sign administrator
shall initiate proceedings to revoke any permit issued for the work
covered by such stop work order, consistent with this section, unless
the cause of the stop work order is corrected and resolved as determined
by the sign administrator.
(d)
Appeals.
Any affected person wishing to appeal a decision or interpretation
of the sign administrator may file a written appeal with the city
manager’s office. The appeal shall be filed with the city manager’s
office no less than ten (10) calendar days following the decision
or interpretation of the sign administrator, and the appellant must
provide a copy of the appeal to the sign administrator when the appellant
files the appeal with the city manager’s office. Upon considering
such appeal, the city manager may reverse, affirm or modify in any
regard the determination of the sign administrator. The city manager
shall render a decision within twenty (20) calendar days after the
date the appeal was timely filed, or as soon as practical thereafter.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
The following signs are authorized in all zoning districts and
within the ETJ and do not require a sign permit. Any sign listed below
shall be erected, constructed, installed and maintained in a safe
and structurally sound condition in conformance with all applicable
codes:
(1)
Garage,
estate, or yard sale sign. Such signs shall not be displayed for more
than three (3) consecutive days for each sale and shall not be placed
in public rights-of-way or on telephone/power/light poles. The date
of the initial posting shall be displayed on all garage, estate and
yard sale signs.
(2)
The modification
of a sign face, including changing a commercial message to a noncommercial
message, does not require a sign permit in accordance with this chapter,
provided that such modification does not increase the sign area or
height or change the sign type;
(3)
Governmental
signs or public notices authorized or required by law, including federal,
state, or local law and regulations;
(4)
Signs
located on or near the premises of public facilities such as baseball
fields, stadiums, community centers, and other public facilities which
are placed by a governmental entity or public institution of higher
education for directional purposes;
(5)
Vehicular
signs provided that the primary purpose of the vehicles is not for
display of signs, and further provided that the vehicles are parked
in areas appropriate to their use as vehicles, are in operable condition,
and display a current and valid license plate/registration insignia;
(6)
Construction
or real estate signs, provided that such signs are not illuminated
and pertain to the premises upon which they are erected and maintained
during construction or while the property is being actively marketed
for sale or lease. One (1) sign structure with two (2) sign faces
is permitted per property frontage and shall not exceed sixteen (16)
square feet per sign face in residential districts or thirty-two (32)
square feet per sign face in nonresidential districts, and shall not
exceed five (5) feet in height;
(7)
Sidewalk
signs located on-premises of the business operations, shall not encroach
within handicapped accessible access ways and routes, or public rights-of-way.
Sidewalk signs shall only be displayed or erected during the actual
hours of operation only, are limited to one (1) sign structure with
two (2) sign faces per business/entity or tenant, and shall not exceed
six (6) square feet in size per sign face;
(8)
Window
signs. Restaurant menus, displayed hours of operation, and “open”
signs affixed to a window or exterior glass door or installed in any
manner which do not attract the attention of persons not on the premises
shall be counted towards the window sign allotment established in
this chapter; and
(9)
Seasonal
decorations for local, state and federally recognized holidays that
contain holiday ornaments, lights, characters and messages and which
are intended to create or enhance holiday character for an area. The
displays shall not reference or display services available or rendered,
or goods produced, sold or available for sale.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
Except as otherwise provided herein, no sign shall be erected,
installed, maintained, relocated, constructed, altered, within the
corporate limits and ETJ of the City of Brenham without first obtaining
a permit.
(1)
Application
for permit.
An application for a sign permit and illustration/plans
including the location, appearance, and dimensions of the sign shall
be filed with the sign administrator.
(2)
Approval
of application.
The sign administrator shall promptly
process the sign permit application and approve the application, reject
the application, or notify the applicant of deficiencies in the application
within ten (10) calendar days after receipt. Any application that
complies with all provisions of this chapter, the zoning ordinance,
the applicable building code and/or other code(s), and other applicable
laws, regulations, and ordinances shall be approved after inspection
and approval of the plans and the site.
(3)
Rejection
of application.
If the application is rejected, the sign
administrator shall provide to the applicant in writing the reasons
for the rejection. An application shall be rejected for noncompliance
with the terms of this chapter, the zoning ordinance, applicable building
code and/or other code(s), or other applicable law, regulation, or
ordinance.
(4)
Permit
fee.
A nonrefundable fee as set forth in the fee schedule
adopted by resolution of the city council shall accompany all sign
permit applications.
(5)
Duration
and revocation of permit.
If a sign is not completely
constructed and installed within one hundred eighty (180) days following
the issuance of a sign permit, the permit shall automatically expire
and is void. The sign administrator may revoke a sign permit under
any of the following circumstances:
a.
The sign
administrator determines that any information in the application was
materially false or misleading at the time the sign permit application
was filed with the city;
b.
The sign
as installed does not conform to the sign permit application;
c.
The sign
violates this chapter, the zoning ordinance, applicable building code
and/or other code(s), or other applicable law, regulation, or ordinance;
or
(6)
Issuance.
A sign permit shall not be issued when:
a.
An existing
sign on the premises or a sign proposed for installation is not in
compliance with this chapter;
b.
A sign
is proposed for installation on the premises in an area not zoned
for such a sign; or
c.
Authorization
of the owner of the property on which the sign is to be installed
has not been obtained.
(7)
Design
and structural requirements.
a.
Design.
Any sign that requires a permit shall be designed and constructed
to withstand wind pressures and receive dead loads as required by
the applicable building code and other code(s).
b.
Construction.
The supports for all signs and sign structures shall be placed
in or upon private property and shall be securely built, constructed,
and erected in conformance with the requirements of the applicable
building code and other code(s).
c.
Electrical
requirements.
All electrical fixtures, equipment, and
appurtenances installed in conjunction with a sign shall be designed
and installed in accordance with the applicable building code and
other code(s).
d.
Clearances.
Signs shall be located at a minimum distance of six (6) feet
(measured horizontally) and twelve (12) feet (measured vertically)
from overhead electric conductors.
(8)
Method
of determining area of sign.
In determining the area
of any sign, the dimensions of the rectangle, square or other shape
enclosing the signboard, excluding the supporting structure, shall
be used. If the sign includes cutouts or facings extending beyond
the dimensions of the rectangular signboard, the measurement of the
sign area shall include the actual area of the cutout or extended
facings. For signs of a double-faced, back-to-back, or V-type nature,
each face shall be considered a separate sign in computing the face
area.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
No new permit shall be issued for the installation, erection or replacement of a CEVMS, including any conversion or modification of an existing sign to a CEVMS, within the corporate limits or the ETJ of the City of Brenham, except as provided herein. Existing CEVMS shall be brought into compliance with section 21-9(2) within one hundred twenty (120) calendar days from June 20, 2019, the effective date of the ordinance from which this chapter is derived.
(1)
CEVMS
locations.
CEVMS are only permitted on property adjacent
to the following thoroughfares:
a.
U.S.
Highway 290 East and West (shall not mean Business U.S. 290).
b.
U.S.
State Highway 36 North and South (shall not mean Business SH 36).
c.
Changeable
electronic variable message signs may be permitted on properties not
adjacent to the aforementioned thoroughfares upon application to and
approval by the city council. Approval by the city council may be
granted where the following criteria are met:
i.
Granting
the request would not be materially detrimental to property in the
general vicinity;
ii.
Granting
the request would not be contrary to the general objectives of this
chapter;
iii.
Granting the request would not increase the total signage allotment
allowed by this chapter on the subject property.
(2)
CEVMS
regulations.
a.
Images
or messages shall be static in nature and shall not blink, flash,
scroll or be animated;
b.
No image
or message may be displayed for less than eight (8) seconds;
c.
Message
transitions shall be limited to one (1) second;
d.
The brightness
of any CEVMS shall not exceed 0.3 foot-candle illumination from a
distance of two hundred fifty (250) feet between sunset and sunrise,
and each sign shall be fitted with a qualified light-sensing device
to automatically adjust the brightness in accordance with these standards;
e.
All CEVMSs
shall require an approved usage permit and payment of an annual fee.
The annual fee shall be established by resolution of the city council;
f.
If a
CEVMS is found to be operating incorrectly, it must not be operated
until it is repaired, inspected by the city, and approved for operation
by the sign administrator; and
g.
The images
displayed on the CEVMS must be directly related to the on-premises
business, with the exception of messages relating to time, temperature,
national news, local news, sporting events, or upcoming community
events.
(3)
CEVMS
size.
Property in accordance with subsection 21-(1) are permitted one (1) sign structure with two (2) sign faces not to exceed sixty-four (64) square feet per sign face. CEVMS sign area shall count toward cumulative sign area allotment as established in section 21-12(b)(1).
(4)
Fuel/gas
price electronic signs.
a.
Fuel/gas
price signs shall not exceed an area of thirty-six (36) total square
feet per electronic sign face and shall not exceed six (6) square
feet in size per individual price panels; and
b.
Fuel/gas
prices shall be displayed as a static message and subject to all CEVMS
regulation established in this section, excluding subsection (1),
CEVMS locations.
(5)
CEVMS
shall only be permitted as on-premises signs.
(6)
Temporary
signage shall not be installed and/or maintained on any property or
development on which a CEVMS is installed and/or maintained. Temporary
signage is meant only to provide an additional sign form to businesses
for advertising or communicating information to the public. With the
use of a CEVMS the property or development has the diverse messaging
capability to change messages to the public, and therefore negates
the necessity of temporary signs. The exception shall be for the erection
of construction or real estate signs.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(b)
Off-premises.
(1)
Limited use standards.
a.
Shall
not exceed two (2) sign faces with an area of eight (8) square feet
cumulatively for each business;
b.
Shall
not exceed a height of eight (8) feet;
c.
Shall
include only the name, symbol, or logo of a business or facility and
an arrow indicating the direction;
d.
Each
business or entity is permitted two (2) signs each to be located on
different sites (anchor sites);
e.
The
anchor site shall be the property hosting the off-premise sign and
is permitted a maximum of four (4) directional signs not to exceed
a total of sixteen (16) square feet of area;
f.
The
owner of the property on which a sign is to be located must give written
permission in the application for the usage of the property. The applicant
must present the written permission of the property owner with the
application for the sign permit; and
g.
The
light from any illuminated sign shall be so shielded, shaded, or directed
so that the light intensity shall not adversely affect surrounding
or facing premises or the safe vision of operators of vehicles on
public streets and highways.
(2)
Placement.
a.
The
sign face shall be located within one thousand (1,000) feet of the
applicant’s business or facility;
b.
The
sign face shall not be the principal or sole use of land on the parcel
where the directional off-premises sign is proposed to be displayed;
c.
When
detached, the off-premises directional sign shall be placed as a tenant
sign and shall not be a single freestanding sign;
d.
When
attached, the sign face shall be installed on a building as a wall
sign; and
e.
There
shall be no more than one (1) off-premises directional sign, attached
or detached, per anchor site, per business or entity.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
Federal, state, or local government flags, emblems and/or historical
markers and any flags or insignia of a religious, charitable, fraternal,
academic, or civic organization shall be allowed. A maximum of one
(1) corporate flag and flagpole shall be permitted if erected in conjunction
with at least one (1) of the aforementioned flags and flagpoles. No
permit is required for property containing three (3) or fewer freestanding
flagpoles in accordance with this section. More than three (3) freestanding
flagpoles may be permitted on property upon application to and approval
by the sign administrator.
(1)
Official
flags shall be flown in a manner that meets U.S. Congressional protocol
and rules. Failure to display flags in proper manner shall be a violation
of this section. All flags shall be kept in good repair.
(2)
Flags
shall be permitted in all zoning districts.
(3)
Design
and lighting of the U.S. flag shall be consistent with the Federal
Flag Code, 36 USC 173-178, as amended, and any successor law or code.
(4)
Flagpoles
shall be black, brown, dark green, white, silver, or bronze in color.
(5)
The
lighting of flags shall not direct glare onto any other property or
right-of-way.
(6)
Pole
heights, flag sizes, minimum distances, and setbacks.
a.
No side
of any flag displayed on a pole that is thirty-five (35) feet or less
in height shall be greater than six (6) feet in length.
b.
Flags
displayed on poles over thirty-five (35) feet in height may have a
flag with a side length of not more than twenty-five (25) percent
of the height of the pole.
c.
No flagpole
shall exceed fifty (50) feet in height.
d.
A minimum
distance of six (6) feet shall be maintained between flagpoles. All
flags shall maintain a minimum setback of eight (8) feet from all
overhead power lines or easements, and six (6) feet from a property
line.
(7)
Encroachments.
a.
No flagpole
may be erected within a public utility easement.
b.
Neither
the flag, flagpole, nor any other support structure may extend into,
on, across, above or over a public right-of-way or easement.
c.
Neither
the flag, flagpole, nor any other support structure may extend over
an adjoining property line.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
Residential
use sign regulations.
For the purpose of this chapter, “residential use” shall mean residential and multiple-family uses as defined in Appendix A, Zoning, of this Code. Unless stated otherwise in section 21-7 of this chapter, no sign shall be permitted or allowed for a residential use unless it meets the following standards:
(1)
Types of signs allowed with a permit.
a.
Entry monument sign.
Residential subdivisions, multiple-family
complexes (five (5) units or greater), and manufactured home parks
shall be permitted two (2) sign faces at each major entrance not to
exceed one hundred twenty (120) square feet in sign area cumulatively.
The sign face(s) shall not exceed eight (8) feet in height. The sign
setback shall be a minimum of eight (8) feet from the edge of pavement
and may be indirectly lighted. Entry sign face(s) affixed to a brick
fence may be permitted in lieu of a monument sign.
1.
Subdivision entry signs must provide a landscaped area equal to at
least twice the area of the sign face. Required landscaping shall
be submitted as part of the sign permit application and irrigation
must be provided. The owners and subsequent owners of the landscaped
property shall be responsible for the maintenance of the landscaped
area. All landscape materials shall be maintained so to ensure an
attractive appearance and a healthy, vigorous, growth environment.
b.
Wall and projecting signs.
Multiple-family complexes
(five (5) units or greater) shall be permitted one (1) attached sign
identifying the complex and placed near the office entrance. The total
sign area shall be no larger than one (1) square foot in sign area
for each linear foot of the complex’s building frontage and
in no case shall exceed sixty-four (64) square feet. Signs may be
indirectly or directly lighted.
(2)
Types of signs allowed without a permit.
a.
A
property owner may place no more than four (4) noncommercial signs
or flag signs on the property at any time. Noncommercial signs shall
not exceed two (2) sign faces and shall not exceed twenty-four (24)
square feet cumulatively. Noncommercial signs under this section shall
not advertise the sale of goods or services.
b.
Flags.
Flags are authorized to be placed on residential
property, including two (2) flags with noncommercial messages and
one (1) flag pole per premises shall be allowed on each lot. Each
flag shall be a maximum of fifteen (15) square feet in area. The flag
pole shall be a maximum of twenty-five (25) feet in height or no higher
than the highest point of the principal building’s roof, whichever
is lower. Flag poles must meet the minimum rear yard setback requirements
for a principal building.
c.
Individual
lessees or owners of units within multiple-family housing or manufactured
home parks may also display any sign allowed on individual residential
lots, so long as:
(3)
General sign regulations on individual lots.
a.
No
sign may be placed on a residential lot without the consent of the
property owner or a lessee who has been given authority to place a
sign on the property by written agreement of the property owner.
b.
Other
than those signs specifically authorized by this section, a sign subject
to this section shall not be illuminated, electronic, digital, or
contain moving elements.
c.
The
following maximum heights shall apply to signs on individual lots
in a residential district:
(4)
Properties
in the ETJ that are appraised by the Washington Central Appraisal
District as residential and that contain single-family units, multiple-family
complexes, or manufactured home parks shall comply with this section.
(b)
Nonresidential
sign regulations.
Unless stated otherwise in section 21-7 of this chapter, no sign shall be permitted or allowed on nonresidential use property unless it meets the following standards:
(1)
Types of signs allowed with a permit.
a.
Wall and projecting signs.
The total sign area for all
attached signs for each lot shall not exceed one (1) square foot in
sign area for each linear foot of the occupancy’s building frontage
and in no case shall exceed three hundred (300) square feet. Sign
area allotment is computed by adding the sign area of all sign faces
allowed by this subsection. Wall signs on building elevations that
face properties zoned for and/or developed with a residential use
shall be prohibited.
b.
Single-business ground signs.
1.
Number of signs.
One (1) non-attached sign with two (2) sign faces provided in section 21-12(b)(1)b.2. per lot may be erected. Where an occupancy has more than one (1) street frontage, one (1) additional ground sign is allowed on the additional frontage. Where an occupancy has more than three hundred (300) feet of street frontage an additional ground sign shall be permitted for each additional increment of three hundred (300) feet of street frontage. Provided, further, if more than one (1) on-premises ground sign is permitted hereby, there shall be separation between ground signs of a minimum distance of one hundred (100) feet, measured in a straight line from the point on the base of each sign structure that is nearest to the other sign base.
2.
Design specifications.
Each ground sign shall be a minimum
of eight (8) feet from the edge of pavement and are subject to the
requirements prescribed in the table below. “Posted speed limit”
shall mean the speed limit applicable to the public right-of-way adjacent
to the primary occupancy frontage, whether or not speed limit signage
is present.
|
Posted Speed Limit
(mph)
|
Maximum Sign Face
(sq ft)
|
Sign Height
(ft)
|
|---|---|---|
|
25–35
|
50
|
8
|
|
40–50
|
128
|
15
|
|
55–65
|
242
|
25
|
|
Property adjacent to the U.S. 290 East and West and the feeder
road for State Highway 36 North and South
|
300
|
35
|
3.
A business that displays a monument sign as its only ground sign
may increase its sign area size by up to twenty (20) percent.
4.
Public facility entry monument signs.
Signs located on property near or adjacent to public facilities such as educational and administration buildings, athletic and sports fields, stadiums, and community centers, which are placed by a governmental entity or public institution of higher education for identification purposes shall be permitted in accordance with section 21-12(b)(1)b.
c.
Multiple-business ground sign.
An integrated business
development shall be permitted one (1) on-premises ground sign structure
with two (2) sign faces for each increment of five (5) separate entities
operating in the development, with a maximum sign face of three hundred
(300) square feet plus fifty (50) square feet for each entity in the
development identified on such sign in excess of five (5). Provided,
further, if more than one (1) on-premises ground sign is permitted
hereby, there shall be separation between ground signs (on-premises
and off-premises) of a minimum distance of one hundred (100) feet,
measured in a straight line from the point on the base of each sign
structure that is nearest to the other sign base.
d.
Fuel station canopy.
For a property that contains a gasoline and/or diesel fuel pump island, the owner/operator may exhibit one (1) logo sign per canopy side adjacent to the right-of-way and one (1) electronic or non-electronic price sign per gasoline and/or diesel fuel pump island not exceeding forty (40) square feet in sign area. Electronic fuel price signs shall comply with section 21-9. The signage authorized by this subsection does not count towards a property’s total signage allotment.
e.
Temporary signs.
One (1) temporary sign may be displayed
during business or activity opening, or special promotions, and shall
not be displayed for greater than fourteen (14) days with a maximum
of four (4) permits per property annually. The area of the sign may
not exceed forty (40) square feet. Temporary signs shall adhere to
setback requirements applicable to on-premises freestanding signs
and shall not count towards maximum combined sign area. Temporary
signs shall not be permitted on property with changeable electronic
variable messaging signs or manual changeable copy signs.
(2)
Types of signs allowed without a permit.
a.
A
property owner may place no more than two (2) noncommercial signs
or flag signs on the property at any time. Noncommercial signs shall
not exceed two (2) sign faces and shall not exceed twelve (12) square
feet per sign face or twenty-four (24) square feet cumulatively. Noncommercial
signs shall not be more than five (5) feet in height, and shall not
be illuminated, electronic, digital, have any moving elements, or
be permanently affixed to the ground.
b.
Window
signs. Window signs shall not exceed more than fifty (50) percent
of the window surface area and may not contain words with characters
greater than twelve (12) inches in height.
(3)
No
sign may be installed on private property without the consent of the
property owner and may not be installed in, on, or over any public
street or public right-of-way.
(4)
Except as authorized by section 21-10, any sign allowed under this section shall not advertise the sale of goods, services, or activities that are not available on the property on which the sign is installed, attached or placed.
(5)
Properties
in the ETJ that are appraised by the Washington County Appraisal District
as or used as nonresidential property shall comply with this section.
(c)
Downtown
sign regulations.
For the purpose of this chapter, “downtown districts” shall mean property zoned B-3, Historical Central Business District and B-4, Neighborhood Business District as established in Appendix A, Zoning, of this Code. The provisions in this subsection (c) shall prevail over any other conflicting provisions of this chapter applicable to the B-3 and B-4 zoning districts.
(1)
Residential uses.
Single-family and multiple-family uses shall comply with the signage standards established in section 21-12(a).
(2)
Types of signs allowed with a permit.
a.
Wall and projecting signs.
The total sign area for all
attached signs for each lot shall not exceed one (1) square foot in
sign area for each linear foot of the occupancy’s building frontage
and in no case shall exceed forty (40) square feet. Sign area allotment
is computed by adding the sign area of all signs allowed by this subsection.
b.
Monument sign.
One (1) indirectly lighted monument sign
with two (2) sign faces shall be permitted per occupancy not to exceed
five (5) feet in height and the lowest point of the sign shall not
exceed twenty-four (24) inches above the adjacent grade. The total
sign area shall not exceed twenty-five (25) square feet and may be
located as near as eight (8) feet to the edge of pavement as measured
from the closest edge of the sign.
c.
Mural.
Any painting, design, or image, including incidental
copy, which is applied directly to the exterior of a building for
artistic, informational, historic, or aesthetic purposes, and shall
not contain a commercial message greater than thirty (30) percent
of the façade to which it is applied. Commercial messages shall
be related to a business, product, service or activity which is available
or conducted upon the premises where such sign is located. A mural
shall be compatible with the architectural and aesthetic components
of the building, not detract from the character of the district in
which it is located, and not be detrimental to the public health,
safety or welfare.
e.
Off-premises
directional signs.
1.
Off-premises directional signs in the downtown districts shall be
wall signs;
2.
The sign face shall be located within five hundred (500) feet of
the subject business;
3.
The sign face shall include the name, symbol or logo of a business
or facility and an arrow indicating direction;
4.
The sign face shall be a maximum of nine (9) square feet;
5.
Each establishment is allowed two (2) signs each to be located on
different anchor sites; and
6.
The anchor site shall be allowed a maximum of four (4) directional
signs.
(3)
Permitted nonresidential uses types of signs allowed without a permit.
a.
Window
signs. Window signs shall not exceed more than twenty-five (25) percent
of the window surface area and may not contain words with characters
greater than twelve (12) inches in height.
b.
A
property owner may place no more than two (2) noncommercial signs
with a total sign face not to exceed twelve (12) square feet on the
property at any time.
c.
Sidewalk
signs shall be located within five (5) feet of the building occupancy
frontage of the business or other entity and shall not encroach within
handicapped accessible access ways and routes. Sidewalk signs shall
only be displayed or erected during the actual hours of operation,
are limited to one (1) sign structure with two (2) sign faces per
business/entity or tenant, and shall not exceed twelve (12) square
feet in size cumulatively. Properties with multiple entrances on multiple
parallel streets shall be allowed one (1) additional sidewalk sign
on the parallel street on which the corresponding entrance is located.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
All
signs and structures supporting signs in the city and ETJ shall be
properly maintained. The sign administrator shall have the authority
to order the painting, repair, or removal of a sign, sign structure,
or accompanying landscaping which constitutes a hazard to safety,
health or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment. Notice of required maintenance shall
be sent by certified mail and if, within ten (10) calendar days, the
maintenance orders are not complied with, the sign administrator may
order the sign to be removed at the owner’s expense under the
provisions of this chapter.
(b)
It is
an offense for a responsible party to fail to maintain signs and sign
structures in a good and sound condition as determined by the sign
administrator and in accordance with the applicable building code
and other code(s). Responsible parties shall repair or replace signs
and sign structures, or portions thereof, that are rotting, peeling,
rusting, fading, becoming discolored, covered in dirt, contain an
incomplete sign face, or any other defective conditions. Responsible
parties shall not allow signs or sign structures to become a threat
to public health, safety or welfare, within the meaning of the applicable
building code and other code(s), as a result of inadequate design,
construction, repair, or maintenance. The sign administrator is authorized
to seek to compel immediate removal of signs that are in such a state
of disrepair or dilapidation as to constitute an imminent threat to
public health, safety or welfare.
(c)
A permit
is not required for routine maintenance, adjustments, replacement
of light globes, and similar maintenance activities.
(1)
Abandoned or discontinued signs.
An abandoned or discontinued
sign face is a sign face that advertises a business, facility, organization
or project that has ceased operations. All abandoned sign faces shall
be removed by the responsible party within sixty (60) days from their
date of abandonment. For the purposes of this section, a business,
facility, organization or project has ceased to operate when it is
no longer engaged in the sale of products or services or conducting
any other activity in the normal course of business. The sign administrator
shall have the authority to grant a time extension not exceeding an
additional sixty (60) days for an abandoned, non-damaged sign.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
Determination.
A non-temporary sign lawfully erected within the corporate limits
of the city or its ETJ prior to the date of adoption of the ordinance
from which this chapter is derived, which does not conform to the
regulations of this chapter, shall be deemed to be a nonconforming
sign which shall be allowed to continue, with normal maintenance and
repair only; provided, however, a nonconforming sign may not be enlarged
upon, expanded, or extended. It is not the intent of this section
to encourage the survival of nonconforming signs; to the contrary,
nonconforming signs are discouraged and contrary to the intent and
purpose of this chapter.
(b)
Removal.
Nonconforming signs shall be terminated and removed immediately
upon the occurrence of one (1) of more of the following:
(1)
A
sign that, having been permitted to remain in place as a nonconforming
use, is required to be removed in the event the sign, or a substantial
part of it, is blown down, damaged or otherwise destroyed or dismantled
for any purpose other than maintenance operations or for changing
the letters, symbols or other matter on the sign; for purpose of this
subsection, a sign or substantial part of it is considered to have
been destroyed if the cost of repairing the sign is more than sixty
(60) percent of the cost of erecting a new sign of the same type at
the same location;
(2)
A
nonconforming sign that has been abandoned;
(3)
A
nonconforming sign that the use of which has been discontinued for
a period of sixty (60) days or more consecutive days; or
(4)
A
nonconforming sign that has become obsolete or substandard under any
applicable ordinance of the city to the extent that the sign becomes
a hazard or danger to the public health, safety or welfare.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
In the
event of a violation of this chapter, the responsible party will be
notified by the sign administrator by certified mail and required
to correct the situation within ten (10) calendar days.
(b)
If the
violation is corrected within ten (10) calendar days, no charges will
be filed other than a charge of failure to obtain a building and/or
sign permit if such a charge is applicable. Otherwise, charges may
be filed each following day until such time as the violation is corrected.
(c)
Conviction
of violation of this chapter is punishable by a fine of not less than
twenty-five dollars ($25.00) and not more than five hundred dollars
($500.00). Each day that the violation is allowed to continue shall
be considered a separate offense. Any responsible party may be charged
with separate violations each day the violation is allowed to continue.
(d)
In addition
to the penalties set forth in this chapter, the city may pursue any
and all other remedies that are available at law or in equity for
violations of this chapter, including but not limited to civil penalties
and injunctive relief.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
Billboards
shall not be permitted within the corporate limits of the city or
its ETJ.
(b)
Existing
billboards maintained as nonconforming uses.
(1)
Sign
face replacement shall be allowed on nonconforming billboards without
a permit to the extent that no structural modifications of the sign
or its structure are required.
(2)
In
the event a nonconforming billboard or a substantial part of it is
damaged by any means or cause or dismantled for any purpose other
than maintenance of the sign or for changing the sign face, and the
repair or reconstruction cost, whichever is applicable, exceeds sixty
(60) percent of the cost of erecting a new sign of the same type at
the same location, such nonconforming billboard shall be removed immediately.
(c)
Any
billboard lawfully erected and maintained as a nonconforming use that
does not display any copy, transcript, reproduction, model, likeness,
image, advertisement or written material for a period of one hundred
twenty (120) consecutive days or more is hereby declared to be a violation
of this section and as such shall be restored to use or removed by
the owner or permittee within thirty (30) days after notice by the
sign administrator of such violation.
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
 |
(Ordinance O-19-020, sec. 2, adopted 6/20/19)
(a)
Purpose.
Major multi-tenant shopping center master sign plans are authorized under this section 21-18 to allow, within parcels to which this section is applicable, the following:
(1)
The
unified presentation of signage throughout major shopping centers
or mixed-use developments;
(2)
The
flexibility to provide for unique environments; and
(3)
Approval
of signs, locations, sizes, designs and design elements that will
make subsequent applications for sign permits under an approved master
sign plan more efficient.
(b)
Applicability.
A master sign plan for a major multi-tenant shopping center located within a Commercial Research and Technology District (B-2), or a Planned Development District (PDD), shall be approved in writing by the development services director or designee provided that the minimum requirements of this section 21-18 are met:
(1)
A
major multi-tenant shopping center, for the purposes of this chapter,
shall include a mixed-use development or retail shopping center that
contains more than five (5) retail tenants/businesses that collectively
occupy a minimum of 100,000 square feet of retail use gross floor
area.
(2)
Landmark sign.
The purpose of a landmark sign is to
provide an effective area for multi-tenant advertisement and such
signs shall only be permitted within a major multi-tenant shopping
center development. All landmark signs shall be included within the
master sign plan permit application and comply with the following
specifications:
a.
Landmark
signs shall not be a pole sign. The entire base of each landmark sign
shall be affixed directly to the ground or supported by a base whose
width measures at least forty-five percent (45%) of the width of the
sign that is placed or anchored in the ground.
b.
Maximum
height: Thirty-five feet (35').
c.
Maximum
effective area of signage: 450 square feet.
d.
Architectural
features: landmark signs shall be architecturally compatible to the
principal building(s) on the property or overall architectural theme
of a development.
e.
Minimum
separation of 100 feet between ground signs.
(c)
Master
sign plan permit application.
(1)
Major
multi-tenant shopping center master sign plan: A master sign plan
permit application shall be submitted to the director of development
services or designee for review and consideration no later then 9
months of the projected opening date of the development.
(2)
The
owner of a platted lot of real property on which a development is
currently located or is proposed may submit a master sign plan permit
application to the director of development services or designee.
(3)
The
master sign plan shall include one (1) digital copy and two (2) paper
copies of the site layout of the major multi-tenant shopping center
development and a narrative describing the development.
(4)
Master sign plan requirements.
The master sign plan
shall depict the proposed signage for the entire development. A master
sign plan shall include all tenants/businesses and out parcels within
the development. The master sign plan shall also include the following:
a.
Identification
of the development as a major multi-tenant shopping center with total
square footage of retail use gross floor area in the development;
b.
A
depiction of all proposed signs including landmark signs, out-parcel
monument signs, directional signs and all other signage;
c.
Size,
location, and number of all signs, including area, letter height,
and sign structure height;
d.
Materials,
styles (letter colors, background colors, text, fonts, etc.) and colors
for all signs subject to the master sign plan, including context of
where signs are to be placed on each façade;
e.
Proposed
illumination (external, internal, etc.), including illumination levels,
placement of illumination devices, and direction of lighting;
f.
A
design theme with illustrative examples of each sign type and the
proposed general locations of each sign type;
g.
Any
proposed landscaping at the base or complementing proposed signage;
and
h.
Written
narrative. The application shall include a narrative that articulates
the design and quality components that exceed the requirements of
the existing rules, including but not limited to the use of brick
or natural stone; uniformity of sign size, style, and color across
the development; use of landscaping around a sign base; use of channel
lettering; use of directional signs; greater spacing between signs
along street frontages; off-premises directional signage; or use of
entry signs. In addition, the narrative shall establish an integrated
architectural vocabulary and cohesive theme for the applicable development.
(Ordinance O-21-015, sec. 2, adopted 7/15/21)
