For the purpose of this article, the following words, terms,
and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
Average grade.
The grade of the finished ground level at the midpoint of
each exterior surface of a sign, or a structure if the sign is attached
to the structure. Average grade will be defined by the commission
if it differs by more than three feet from the highest or lowest point
on the lot or if it is three or more feet different from frontage
road grade.
Banner.
A sign made of fabric or any nonrigid material, including
but not limited to flags and pennants.
Billboard.
Any sign that is freestanding or attached to or part of a
building and is an off-premises sign.
Building official.
The building official of the city or the building official’s
designated representative.
City.
The City of Krum, Denton County, Texas, and its area of extraterritorial
jurisdiction as defined by the Texas Local Government Code, chapter
42.
Commercial sign.
A sign other than a real estate “for sale” or
“for lease” sign, political sign, residential nameplate
sign, public information sign, traffic-control sign or exempted sign
which directs the attention of the general public to a business, product,
service, or other commercial or business activity.
Compensable cost.
Those costs for which the owner of a nonconforming sign required
to be relocated, reconstructed or removed by this article is entitled
to be compensated pursuant to V.T.C.A., Local Government Code, chapter
216. Costs required to be paid shall be calculated in accordance with
the formula set forth in the statute.
Direct lighting.
Lighting in which the greater part of the light illuminating
the sign originates within the sign, such as light behind translucent
letters.
Electronic message center (EMC).
A variable message sign that utilizes a computer or other
electronic controlled means to change and control the message displayed.
Erect.
To build, construct, alter, reconstruct, pour, lay, move
upon, attach, hang, place, suspend or affix. It also includes the
painting of wall signs, murals or supergraphics, or any physical operation
on the premises which is required for the construction of a sign,
including excavation, site clearance, landfill and the like.
Fine art.
A sculpture, fountain or similar object.
Freestanding sign.
Any sign which is not attached to or on the walls, face,
or exterior of a building.
Indirect lighting.
An evenly distributed light source separated from the surface
and illuminating the sign surface by means of spotlights or similar
non-visible fixtures.
Landscaping.
To change the natural features by adding trees, bushes, flowers,
etc.
Lot.
An undivided tract or parcel of land having access to a public
street and which is, or in the future may be, offered for sale, conveyance,
transfer or improvement and designated as a distinct and separate
tract or lot.
Memorial sign.
A sign or tablet which denotes the name of a building and
the date of erection when cut into any masonry surface or when constructed
of bronze or other metal.
Monument sign.
A sign which is mounted on a base at least as wide as the
sign and is of limited height. The opening between the base and the
sign must be no greater than two inches.
Neon or neon lighting.
A sign, trim, or decoration with the illumination provided
by a gas-filled electrical discharge lamp in which the gas is made
up of a large proportion of neon, argon or krypton.
Nonconforming sign.
Any sign which would be unlawful or nonconforming hereunder
but for the fact that such sign was lawfully in existence on the date
of the passage of Ordinance 05-02, adopted January 20, 2005.
Notice.
Actual notice or written notice sent by registered or certified
mail.
Office complex.
Two or more offices and/or office establishments sharing
customer parking area, regardless of whether said offices or office
establishments occupy separate structures or are under separate ownership,
or on separate tracts or lots of land.
Official sign.
Any sign erected by or at the direction of any government
body.
On-premises sign.
A sign which advertises only goods, services, facilities,
events or attractions available on the premises where located, or
identifies the owner or occupant or directs traffic on the premises.
Owner.
A person recorded as the owner on official records; the owner
of property on which a sign is located is presumed to be the owner
of the sign unless facts to the contrary are established. Holders
of long-term leases are considered owners.
Person.
Includes a corporation, partnership, association, trust,
firm, executor, receiver, trustee, or lessee as well as an individual.
Pole sign.
Any sign mounted on a pole. Real estate signs are not considered
pole signs.
Political sign.
Any sign which is designed to influence the action of voters
for the passage or defeat of a measure appearing on the ballot at
any national, state or local election or which is designed to influence
the voters for the election or defeat of a candidate for nomination
or election to any public office at any national, state or local election.
Political signs shall not include the name of the sponsor, the business
promoting the activity or advertise the business.
Portable sign.
Any sign not permanently affixed to a building, structure
or the ground and designed or constructed in such a manner that it
can be moved or relocated without involving any structural or support
changes. This definition includes, but is not limited to, A-frame
signs, sandwich signs, curb signs and signs on trailers with or without
wheels or on other vehicles which are primarily used as signs.
Premises.
A lot or tract within the city, and contiguous lands in the
same ownership, which is not divided by any public highway, street
or alley, or right-of-way therefor.
Project development sign.
A temporary sign for a commercial or multifamily tract which
may identify a project under construction and includes the project’s
name and address, general contractor, architect, financing, and contact
agent with appropriate phone numbers.
Projecting or hanging sign.
Any sign attached to a building and extending in whole or
in part more than nine inches beyond the building line. Allowable
size does not include the supporting structure.
Public information sign.
Any sign or banner which is intended to identify community,
civic and social events, and is not a commercial sign, official sign,
political sign, or real estate sign.
Reflective surface.
Any material or device which has the effect of intensifying
reflected light, such as scotch-light, day-glow, glass beads and/or
luminous paint.
Residential nameplate sign.
A sign permitted for the sole purpose of identifying the
inhabitant residing therein or the house name or identifying the address
of the house. The sign may not contain advertising of any kind.
Residential plat.
A drawing of parcels of land containing one or more lots
intended for residential development.
Restoration.
The routine maintenance and painting of existing approved
signs that does not change the approved design and color in any way.
Road grade.
The level of the road considered in relation to the average
grade in determining an allowable sign height.
Shopping center.
Two or more retail stores and/or service establishments,
or one retail store and one service establishment, sharing customer
parking area, regardless of whether such stores and/or establishments
occupy separate structures or are under separate ownership or on separate
lots or tracts of land.
Sign.
A name, identification, image, light device, figure, painting,
drawing, message, plaque, poster, billboard, description, display
or illustration which is affixed to, painted or represented directly
or indirectly upon a building, picture window (attached inside or
outside), or piece of land, and which directs attention to an object,
product, place, activity, facility, service, event, attraction, person,
institution, organization or business.
Surface area of a sign.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face excluding structural supports, architectural features of a building
or sign structure, nonstructural thematic or decorative trim, or any
areas that are separated from the background surface upon which the
sign copy is displayed by a distinct delineation, such as a reveal
or a border as follows:
(1)
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
(2)
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
(3)
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
Temporary new business opening sign.
Any sign, balloon, banner, or any other device which is used
to advertise the opening of a new business or the occurrence of an
annual special event that may be displayed for a limited duration
only.
Temporary single-family residence construction sign.
A sign permitted to identify a residence under construction
including the residence address, general contractor, architect or
designer. Such sign is also used for a residence being remodeled,
landscaped, or adding a pool, etc.
Temporary site development sign.
A sign permitted to identify a project under construction
including the project name, project address, general contractor, and
architect. No specific advertisements are allowed on the signs.
Traffic-control sign.
A permitted sign for the purpose of identifying parking areas
and directing the flow of traffic on private property.
Translucent sign.
Signs which are made of material which will allow for internal
light sources. Translucent signs are prohibited.
Wall sign.
A sign attached to, painted on, or erected against the wall
of a building or structure with the exposed face of the sign in a
place parallel to the face of the wall and not projecting more than
nine inches from the face of the wall at any point.
Zone.
A zoning district as shown on the official zoning map of
the city.
(1998 Code, sec. 9.301; Ordinance 2017-10-03, sec. 3.01, adopted 10/2/17; Ordinance 2017-10-03, sec. 3.02,
adopted 10/2/17; Ordinance 2023-771 adopted 6/5/2023)
Any person convicted of a violation of any provision of this article shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code.
(1998 Code, sec. 9.309)
It shall be unlawful for any person to erect, re-erect, place,
maintain, alter or relocate a sign within the corporate limits of
the city or its extraterritorial jurisdiction except in accordance
with the provisions of this article. Except [as provided] hereafter
a permit shall be required for each sign and an electrical permit
shall be obtained for all lighted or illuminated signs.
(1998 Code, sec. 9.302)
Any sign not expressly authorized by this article, or specifically
exempted from the provisions hereof, is prohibited within the corporate
limits of the city and its extraterritorial jurisdiction. Prohibited
signs include, but are not limited to:
(2) Portable
signs, except those used for temporary purposes as authorized by this
article;
(3) Exposed neon light tubing which serves to direct attention to a place, building, etc., as defined in section
3.05.001, except for signs in business windows with the words “open” or “closed,” which may have a maximum combined size of two square feet;
(4) Signs
located in such a manner as to obstruct or otherwise interfere with
an official traffic sign, signal or device, or obstruct or interfere
with a driver’s view of approaching, merging, or intersecting
traffic;
(5) Except
as provided for elsewhere in this article, signs encroaching upon
or overhanging a public right-of-way. No sign shall be attached to
any utility pole, light standard, street, tree, or any other public
facility located in the public right-of-way;
(6) Cloth,
canvas, paper, soft plastic, balloons, flags, or similar advertising
signs or devices other than in rigid frames as provided herein, except
those intended as temporary signs;
(7) Signs
that have the appearance of traffic safety signs and lights, or municipal
vehicle warnings, from a distance;
(8) Any
sign attached to or placed on a vehicle or trailer parked on public
or private property, or cruising on public or private roads in the
city or its extraterritorial jurisdiction. Through traffic is exempted
from this provision. The prohibitions in this subsection do not apply
to the identification of a firm or its principal products on a vehicle
operating during the normal course of business or being taken home;
(9) Boxes
stored in view of the street, etc., which have product identification
that serves as a sign;
(10) Pole signs (except temporary and real estate) and translucent signs.
(11) Window or door signs where the area of the window or door sign covers
or renders said window or door such that it is opaque by more than
50% of the area of said window or door.
(1998 Code, sec. 9.303; Ordinance 2023-771 adopted 6/5/2023)
The provisions of this article shall not apply to the following
signs:
(1) Memorial
signs or tablets, names of buildings and date of erection when cut
into any masonry surface or when constructed of bronze or other metal;
(2) Official
governmental notices and notices posted by governmental officers in
the performance of their duties, and governmental signs to control
traffic or for other regulatory purposes, or to identify streets,
or to warn of danger;
(3) Works
of fine art, as defined in this article, which in no way identify
or advertise a product or business;
(4) Temporary
decorations or displays, when they are clearly incidental to and are
customarily and commonly associated with any national, local or religious
holiday or celebration; provided that such decorations are maintained
in an attractive condition, do not constitute a fire or traffic or
pedestrian hazard, and are removed within a reasonable time after
the event or celebration has occurred;
(5) Temporary
or permanent signs erected by public utility companies or construction
companies to warn of danger or hazardous conditions, including signs
indicating the presence of underground cables, gas lines and similar
devices;
(6) Signs
displayed on trucks, buses, trailers or other vehicles which are being
operated in the normal course of a business, indicating the name of
the owner, business and location (e.g., moving vans, delivery trucks,
rental trucks and trailers and the like), provided that the primary
purpose of the vehicles is not for display of signs, and provided
that they are parked in areas appropriate to their use as vehicles,
are normally used in the course of business and are in operable condition
and carry a current and valid license plate and state inspection tag;
(7) International,
national and/or state flags as long as the flag is of nominal size,
i.e., approximately 5' x 10'.
(1998 Code, sec. 9.304)
The provisions of this article shall not be construed as relieving
or limiting in any way the responsibility of any person, firm or corporation
erecting or owning any sign from personal injury or property damage
resulting from the placing of the sign or resulting from the negligence
or willful acts of such person, firm or corporation, its agents, employees
or workmen in the design, construction, maintenance, repair or removal
of any sign erected in accordance with a permit issued under the provisions
of this article. Nor shall it be construed as imposing upon the city
council or the building official any responsibility or liability by
reason of the approval of any sign, materials, or devices under the
provisions of this article.
(1998 Code, sec. 9.307)
It shall be unlawful for any person to do any of the following
acts:
(1) To
post, paint, or otherwise exhibit any advertisement, poster, bill,
or other notice or sign on any property not owned or controlled by
him without the permission of the person owning or in control of said
property.
(2) To
tear down, remove or otherwise interfere with any notice, sign, advertisement,
bill or poster erected by another, unless the same was placed or maintained
on the property of the person removing the same, without permission
previously given.
(3) To
paint, mark, or write on or post or otherwise affix any handbill or
sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp
post, hydrant, tree, shrub, tree stake or guard, railroad trestle,
or electric light or power or telephone or telegraph wire pole, or
wire appurtenance thereof, or upon any fixture of the fire alarm or
police system, or upon any lighting system, public bridge, drinking
fountain, lifebuoy, life preserver, lifeboat, or any other life-saving
equipment, street sign or traffic sign. Any handbill or sign found
posted or otherwise affixed upon any public property contrary to the
provisions of this section may be removed by the police department
or other department or individual so designated by the city. The person
responsible for any such illegal posting shall be liable for the cost
incurred in the removal thereof and the building official is authorized
to effect the collection of said costs.
(4) To
place or cause to be placed anywhere within the city or its area of
extraterritorial jurisdiction any poster, placard, handbill, or advertising
material on any vehicle, or in any location, in such a manner that
the same may reasonably be expected to be blown about by the wind.
It shall be presumed that the person’s name that appears on
said poster, placard, handbill, or advertising material has knowledge
of the location and manner that said item was placed. It shall be
further presumed that if a large number of said items are found scattered
about and being blown about by the wind that the items were placed
in such a manner that they might reasonably be expected to be blown
about by the wind.
(5) To
erect, maintain, or paint any sign or other message or outdoor advertising
upon a tree, rock, or other natural feature.
(6) To
erect within the corporate limits of the city or its extraterritorial
jurisdiction any sign or other outdoor advertising without having
prior thereto obtained from the building official a permit therefor,
except as specifically exempted by the provisions of this article.
(7) To
erect within the corporate limits of the city or its extraterritorial
jurisdiction any sign not expressly authorized by this article or
expressly exempted from the provisions hereof.
(8) To
maintain any sign required to be registered under the provisions of
division 3 of this article without having registered said sign or
without having kept current the registration of said sign in accordance
with the provisions thereof.
(9) To
remove, alter, change, or obscure, without authorization of the commission,
any official tag or identification which was placed on any outdoor
advertising material.
(10) To erect or maintain any sign within the corporate limits of the
city or its extraterritorial jurisdiction in violation of or except
as authorized by the provisions of this article.
(11) To own legal title to an interest in real property on which property
a sign is located in violation of this article.
(12) For a permittee to fail to maintain a permitted sign in good repair
and appearance and in conformance with all specifications, conditions,
and terms included in a permit for the affected sign.
(1998 Code, sec. 9.308; Ordinance
adopting Code)
(a) Businesses
located on FM 1173 also known as Mccart Street from the eastern side
of Masch Branch Road west to FM 156 shall be allowed to have one (1)
temporary sign from this date (March 4, 2024) until the widening of
FM 1173 is complete.
(b) Said
temporary sign may not be larger than 32 square feet in size and business
owner/operator shall obtain a no cost permit for said sign from the
permit department.
(Ordinance 2024-804 adopted 3/4/2024)