This article shall be referred to as the City of Cameron Sign
Ordinance, or, simply, sign article.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Signs use private land and the sight lines that public rights-of-way
create to publish a message to inform and persuade the general public.
This sign article provides standards for the erection and maintenance
of private signs. All signs not exempted as provided in this sign
article must be erected and maintained in accordance with these standards.
The general objectives of these standards are to promote health, safety,
welfare, convenience and enjoyment of the public, and in part to achieve
the following:
(1)
Safety.
To promote the safety of persons and property
by requiring signs that:
(A)
Do not create a hazard due to collapse, fire, decay or abandonment;
(B)
Maintain a minimum clearance from utility lines of 10 feet horizontally
and 15 feet vertically;
(C)
Do not obstruct firefighting or police surveillance; and
(D)
Do not create traffic hazards by confusing or distracting pedestrians,
obstacles or other vehicles or to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages so that:
(A)
Businesses and services may identify themselves;
(B)
Customers and other persons may locate a business or services;
(C)
A person or group is not arbitrarily denied the use of the sight
lines from the public street right-of-way for communication purposes;
(D)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore such messages, according to the observer’s purpose;
(E)
The right of free speech exercised through the use of signs containing
noncommercial messages is preserved; and
(F)
Community events may be identified to the public at-large, at strategic
locations throughout the city, as approved by the city manager.
(3)
Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the landscape,
by requiring signs that:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using the public rights-of-way;
(C)
Do not create a nuisance to occupants of adjacent and contiguous
property by their brightness, size, height or movement;
(D)
Are not detrimental to land or property values;
(E)
Do not contribute to visual blight or clutter; and
(F)
Are architecturally compatible and harmonious with the structure
to which they pertain and to neighboring structures.
(Ordinance 2018-11-19-011 adopted 11/19/18)
As used in this sign article, unless the context otherwise indicated,
the following words are defined as follows:
A sign typically hinged at the top and widening at the bottom
to form a shape similar to the letter “A,” also known
as a sandwich board. An A-frame sign or a sandwich board sign is not
a portable sign.
A sign that has not been used for advertising for one year.
A device, sign, flag, light, figure, statue, picture, letter,
word, message, symbol, plaque or poster visible from outside the premises
on which it is located and designed to inform or attract the attention
of persons not on the premises. The word “sign” includes
the word “advertising device.”
A sign identifying the farm or ranch on which it is placed
and advertising the produce, crops, animals or poultry raised or quartered
thereon.
A sign that uses mechanical movement or change of lighting
to depict action or create a special effect or scene.
A sign for the identification of an apartment building or
complex of apartment buildings.
An architectural projection that provides weather protection,
identity or decoration and is wholly supported by the building to
which it is attached. An awning is comprised of a lightweight, rigid
skeleton structure over which a rigid covering is attached.
A flexible roll-up sign made of vinyl, cloth or any other
lightweight material, containing words, symbols or logos intended
for advertising or attracting attention to a business or event. A
banner is not a wall sign, fence sign or a flag.
A device made of any lightweight material, usually nylon,
whether or not containing a message of any kind, suspended from a
temporary pole secured with ground stakes or cross stands. Common
names for feather flags are: advertising flags, swooper flags, flutter
flags, blade flags, sail flags, bow flags, teardrop flags, tall flags,
or quill flags.
A device made of any lightweight material, whether or not
containing a message of any kind, suspended from a permanent pole
secured with braces. A pole banner is not a banner or a flag.
A sign mounted, affixed or painted on a bench.
The face or wall of a building that serves as the primary
entrance for customers of a business within the building. This building
face shall not include service areas, trash collection, loading dock,
or other similar functions. The primary face of a building shall receive
the highest level of architectural treatment on the building. Pursuant
to this definition, a building may have no more than two primary facades.
An architectural projection that provides weather protection,
identity or decoration. A canopy is comprised of a rigid structure
over which a rigid covering is attached.
A sign made of cardboard or heavy paper-like materials, including
card stock, corrugated fiberboard, or paperboard.
An on-premises sign advertising commodities or services offered
on the premises consisting of individual message elements such as
letters, numbers or symbols, that are designed and intended for message
changes by manual replacement or alteration after the sign is erected.
The city manager of the city, his designee, or the department
the city manager tasks to fulfill the requirements of this article.
A sign that solicits support for or advertises a nonprofit
community use, city event, public use or social institution. Such
signs may include, but are not be limited to, seasonal holidays such
as Halloween, school activities, spirit signs, charitable programs,
community festivals, religious activities or events of community interest,
but not including any business sign or real estate sign.
A sign identifying the property owner, architect, contractor,
engineer, landscape architect, decorator or mortgagee engaged in the
design, construction or improvement of the premises on which the sign
is located.
The official flag of a company, including a logo flag that
the parent company supplies. A corporate flag does not include advertising
of any kind.
An imaginary line drawn along the outermost part or back
of the curb and gutter on either side of a public street, or, if there
is no curb and gutter, along the outermost portion of the paved roadway,
or if there is no paved roadway, along the edge of the traveled portion
of the roadway.
A sign related to the promotion of new developments and located
on the premises involved in the development.
A sign face, display or device that displays images composed
of electronically illuminated segments and/or a series of grid lights,
including cathode ray, light emitting diode (LED) display, plasma
screen, liquid crystal display (LCD), fiber optic or other electronic
media or technology.
A sign regulated under this article that is fitted with a
digital display.
A sign that has any of the following characteristics:
Where elements of the surface or background can be seen, as
viewed from the normal viewing distance, to have portions of the finished
material or paint rusted, flaked, sun-bleached, faded, broken off
or missing or otherwise not in harmony with the rest of the surface;
Where the structural support or frame members are visibly bent,
broken, dented or torn;
Where the panel is visibly cracked, or in the case of wood and
similar products, splintered in such a way as to constitute an unsightly
or harmful condition;
Where the sign or its elements are twisted or leaning or at
angles other than those at which it was originally erected (such as
may result from being blown or the failure of a structural support);
or
Where a person with normal eyesight under normal viewing conditions
may no longer read the message or wording.
A permanent sign that directs the flow of traffic or pedestrians
and that contains no commercial message.
A sign, or group of signs designed as a single display, which
gives information about the location of businesses, buildings or addresses
within a residential or nonresidential complex and with no commercial
message.
An advertising device with two closely located signs with
faces in opposing directions, with less than a 60 degree angle between
the sign faces.
To build, construct, attach, hang, place, suspend, affix
or paint a sign.
Any separate face of a building, including parapet walls
and vertical offsets, or any part of a building that encloses or covers
usable space. Where separate faces are oriented in the same direction,
or in the directions within 45 degrees of one another, they are to
be considered as part of a single facade.
The surface of the sign, excluding structural supports, upon,
against or through which the message is displayed or illustrated on
the sign. The face includes trim and architectural design elements.
A sign attached to or painted on the side of a fence.
A sign that is not affixed to a building or structure, but
that is permanently affixed to the ground independent of any other
structure.
A sign that advertises the date, time or location of a garage
or yard sale.
A sign a governmental entity erects for a governmental purpose,
including but not limited to traffic-control devices, street signs,
barricades, survey monuments and markers, signs of public utility
companies indicating location of utilities or aiding service or safety,
signs identifying city infrastructure projects, pedestrian signs and
signs identifying governmental facilities.
A freestanding portable sign typically with two horizontal
struts between two vertical supports that form a shape similar to
the letter H.
A sign personally held or worn so that neither the sign nor
any object that supports the sign touches the ground.
A sign personally held, mounted, or worn made by hand and
not affixed to the ground.
Along state or federal highways, an on-premises sign, including
its supporting structure, that is mounted on one or more freestanding
poles or other supports independent of a building, with a height over
six feet.
A sign that is an integral part of the historic character
of a landmark building.
A sign or any other advertising devise, advertising a business,
profession, occupation or trade conducted in the residence.
A projecting sign that is greater in width than height.
A sign that has characters, letters, figures, designs or
outlines illuminated externally or internally.
A device filled with air or other gasses either sealed or
fed with a constant air supply (fan or pressure fed) designed to attract
attention to a business or event. An inflatable device includes but
is not limited to a balloon that is lighter than air and tethered,
a balloon that is filled with air and anchored, or another inflatable
device that is set in motion by a constant air supply (air-powered
device).
A sign for the identity of a school, church, hospital or
similar public or quasi-public institution.
Linear foot or a straight line measurement between two points
measured in feet.
A graphic mark, emblem, symbol or registered trademark of
an organization, individual, company or product that is commonly used
in advertising to identify that organization, individual company or
product.
A sign on accessory structures, freestanding service facilities
or fences not exceeding six feet in height.
The brightness of a sign or a portion thereof expressed in
terms of footcandles. Luminance is determined by the use of an exposure
meter calibrated to standards established by the National Institute
of Standards and Technology, or successor agency.
Any sign affixed to a permanent canopy projecting over an
entrance or on the face of a building and supported from the building.
A paved or planted strip dividing a street or highway into
lanes according to direction of travel.
A memorial or commemorative plaque or tablet denoting a building
name and/or date of erection of a location of historic significance.
A permanent changeable copy sign whose informational content
can be changed or altered by any means, including manual, electric,
electromechanical or electronic means.
A freestanding sign having a low profile and made of stone,
concrete, metal, routed wood planks or beams, brick or similar materials,
including individual lettering, that repeat or harmonize with the
architecture of the establishment it serves.
A sign that moves or has moving parts other than parts which
indicate time or temperature.
A decorative hand-painted work of art applied to an exterior
wall within public view that does not include graphics or text advertising
a specific business, product or brand, unless it is incidental to
the overall character of the mural. Embellishments to or decoration
of architectural elements are not deemed a mural. A mural is not a
wall sign.
A sign that is located on the premises, giving the name or
address or both, of the owner or occupant of a building or premises.
A measure of luminance, or the intensity of visible light,
where one NIT is equal to one candela per square meter.
A sign that does not comply with the standards of this article and lawfully existing and located on the effective date or applicability of this article or any amendments thereto. A nonconforming sign regulated by section 3.15.023 of this article.
A sign of which the contents does not relate to the premises
on which it is located, and that does not refer exclusively to the
name, location, products, persons, accommodations, services, sale,
lease, construction or activities of or on the premises where it is
erected. The premises of a shopping center include the shopping center
pad site.
A sign, the content of which relates to the premises on which
it is located, referring exclusively to the name, location, product,
persons, accommodations, services or activities of or on those premises,
or the sale, lease or construction of those premises. The premises
of a shopping center include the outparcels.
A sign or other advertising structure that continues to advertise
a business, project, or event that has been out of business or is
no longer active in excess of 90 days.
A person receiving a permit pursuant to the provisions of
this article.
A sign that supports or opposes a political candidate, issue,
election or party.
A sign that is easily moved from one location to another,
including a sign that is mounted on skids, trailers, wheels, legs
or stakes, and that is not fixed permanently to the ground, and that
is not an attached sign, political sign or a real estate sign.
A sign that is attached to a building or other structure
and extends beyond the line of the building or structure or beyond
the surface of that portion of the building or structure to which
is attached. A marquee is a projecting sign.
A sign that is commonly associated with safeguarding the
permitted uses of the occupancy, for example, “beware of dog,” “no
trespassing,” and “no solicitors.”
A sign that is used to advertise the sale, lease or rental
of property.
A sign erected, constructed and maintained wholly upon or
above the roof of a building with the principal support attached to
the roof structure.
Measurement of surface area in square feet.
Any writing, pictorial representation, illustration, emblem,
symbol, design or other figure of similar character that communicates
information or attracts attention by way of a device, structure or
a part of a structure, or is attached to or in any manner represented
on a building or other structure, and that is placed out of doors
or in view of the general public and is used for purposes of advertisement,
identification or expression. “Sign” is synonymous with “advertising
device.”
The entire advertising face of a sign excluding any framing,
trim or molding and the supporting structure.
The vertical distance between the base of the sign at the
nearest natural grade to the highest part of the sign or any attached
component.
The sign setback is measured as the distance between the
property line 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, utility
poles, fences, public structures or other objects, and the advertising
matter appearing thereon is not applicable to the use of the premises
upon which such sign is located. This may include but is not limited
to signs advertising property for sale or rent, garage sale signs,
flyers, wanted signs, lost signs, et cetera.
A special sign for highway-oriented automotive uses such
as hotels, motels, service stations, shopping centers, office centers
and other similar uses where because of location or setback special
sign identification is desirable.
A flag or sign that promotes spirit a school, nonprofit corporation,
or governmental entity and may contain crests or pictures but no advertising.
An attention-attraction device consisting of two or more
pennants, banners, balloons, ribbons, reflectors, fringes or similar
objects strung together on a common line, string, wire, pole or attached
to one or more products offered for sale or attracting attention to
a community event. Streamers used for a community event shall be erected
for no longer than 90 days.
A sign identifying a subdivision entrance on which only the
name of the subdivision is specified.
A sign or other advertising device erected or maintained in violation of the requirements of this sign article or of the sign permit requirements in section 3.15.015. An unlawful sign is not a nonconforming sign and must be removed or brought into conformance.
A sign painted upon or applied directly (to include magnetic,
but not signs taped to) to any vehicle, truck, car, bus, trailer,
boat, recreational vehicle, motorcycle or any other vehicle; however,
any vehicle, whether operable or not, shall not be parked and/or decorated
where the intent is to use the vehicle as advertising. Vehicle signs
shall exclude bumper stickers and required registration or inspection
stickers/identifications.
A projecting sign that is greater in height than in width.
A sign permanently affixed to, or painted on, the facade
of a building such that the wall is the supporting structure for,
or forms the background surface of the sign and that does not project
more than 18 inches perpendicular to the wall.
A sign attached to, placed upon or painted on the exterior
or interior of a window or door that is intended for viewing from
the exterior of such building. A window sign is not deemed a handmade
sign or a hand-painted sign.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Display of permit.
Every permitted sign or other advertising
device must display in a conspicuous place the date of erection, the
permit number and the voltage of any electrical apparatus used.
(b)
Bond requirement.
Subject to the need determined by
the city manager based on the location, size, and construction materials
for the sign type proposed, an applicant for a sign permit must, before
the permit is approved, present to the city manager a bond in the
minimum amount established by current rates, conditioned for the faithful
observance of all laws and ordinances relating to signs, and which
indemnifies and holds harmless the city from any and all damages,
judgments, costs or expenses which the city may incur or suffer by
reason of the granting of the permit.
(c)
Building code.
A sign may not be erected in violation
of the city’s building codes.
(d)
Variances.
A sign owner may request a variance in accordance with section 3.15.018 from the provisions of this sign article relating to sign spacing, area, height and setback.
(e)
Signs exempt from regulations.
The following signs are
exempt from regulation under this sign article and do not require
a sign permit:
(1)
Address and postbox numerals;
(2)
Governmental signs that the city, county, state or federal government
erects in furtherance of their governmental responsibility;
(3)
Public notice or warning that a valid and applicable federal, state
or local law, regulation or ordinance requires; and
(4)
Sign inside a building, not attached to a window or door, and not
legible from a distance of more than five feet beyond the lot line
of the property on which such sign is located.
(f)
Maintenance.
The owner of a sign, whether on- or off-premises,
must:
(1)
Maintain all signs and keep them in good repair;
(2)
Keep all signs with painted or plastic faces free of fading, rusting,
cracking, peeling, gaps and holes;
(3)
Repair or remove any sign that has more than 25 percent of its face
damaged;
(4)
Repair or remove a sign in its entirety with broken or damaged sign
faces;
(5)
Install blank sign faces on signs with faces removed due to vacancy
of the building;
(6)
Remove sign poles with open metal frames;
(7)
Keep signs with paper or fabric faces free of tears, rips, fading
and voids where part of the text or face is missing;
(8)
Keep ties or ropes that hold in place signs with fabric faces secure
and taut with no loose or missing ties;
(9)
Maintained sign poles in a uniform and sound condition;
(10)
Repair or remove poles that are dented to the point where they are
leaning out of plumb or have damage to the support or hangers;
(11)
Maintained sign poles free of rust, peeling or fading so that they
are uniform in color;
(12)
Maintain flags, banners and pole banners free of tears, fading and
rips; and
(13)
Remove flags, banners and pole banners when they become torn, faded
or ripped.
(Ordinance 2018-11-19-011 adopted 11/19/18)
The following signs are prohibited in the city.
(1)
Abandoned signs.
The owner of a sign must remove any
sign that is abandoned such that it has not been used for advertising
for one year. A covering on an abandoned sign for more than 30 days
is prohibited.
(2)
Animated or moving signs.
Animated or moving signs are
prohibited.
(3)
Bench signs.
Signs fastened to a bench are prohibited.
(4)
Cardboard or paper signs.
Signs made of cardboard or
paper are prohibited, unless allowed as a handmade sign.
(5)
Glaringly illuminated signs.
A sign must not have lights
that glare into or upon the surrounding area or any residential premises
or distract operators of vehicles or pedestrians on the public street
right-of-way.
(6)
Handmade signs.
A sign made by hand that is not produced
by a commercial sign-making establishment is prohibited, except when
used on residentially zoned properties to advertise garage sales or
provide congratulatory messages. However, in no event may any handmade
sign be used for longer than 48 hours.
(7)
Obscene signs.
Signs must not display gestures, graphics
or words that are obscene, profane or pornographic in nature.
(8)
Obstructing signs.
A person may not erect, relocate
or maintain a sign so as to prevent free ingress to or egress from
any door, window or fire escape. A person may not attach a sign to
a standpipe or fire escape.
(9)
Off-premises signs.
Off-premises signs are prohibited
and not allowed to be moved or relocated.
(10)
Outdated sign.
A sign may not continue to advertise
a business or project that has been out of business in excess of 90
days. A covering on an outdated sign for more than 30 days is prohibited.
(11)
Portable signs.
Portable signs are prohibited except
for temporary use as advertising for a new business limited to 120
consecutive days or a community event sign limited to thirty (30)
consecutive days use prior to the event. In addition, a person may
not convert a portable sign into a permanent sign.
(12)
Roof signs.
Roof signs are prohibited.
(13)
Satellite dish signs.
Satellite dish signs are prohibited.
(14)
Sign creating a traffic hazard.
A sign or other advertising
structure must not:
(A)
Obstruct free and clear vision at any street intersection;
(B)
Interfere with, obstruct the view of or be confused with any authorized
traffic sign, signal or device because of its position, shape or color;
(C)
Make use of the words “stop,” “look,” “danger”
or any other word, phrase, symbol or character in a manner that interferes
with, misleads or confuses traffic; or
(D)
Present a traffic hazard by using illumination resembling an emergency
signal.
(15)
Snipe signs.
Snipe signs are prohibited.
(16)
Unlisted sign.
Any sign not listed, classified, or defined
in this sign article is prohibited.
(17)
Unsafe signs.
A sign must not constitute a hazard to
safety or health by reason of inadequate design, construction, repair
or maintenance.
(18)
Signs on or over public property or right-of-way.
(A)
A sign must not be erected so as to project into the public street
right-of-way of any street or alley, except as allowed in the commercial
zoning district. Any projecting sign must not extend outward from
any building face to the public street right-of-way for a distance
of more than ten feet or to within one foot of the street curb, whichever
is more restrictive.
(B)
It is unlawful for any person to place a sign, except a governmental
sign or subdivision entry sign, on or over the premises of any public
property, including but not limited to parkland, median strips and
public rights-of-way, unless approved by the city council. No advertising
shall be allowed on the city’s property, including park benches
and tables, trash receptacles, equipment or vehicles. Any such advertising
signs may be removed by the city.
(C)
A person may not attach any sign, paper, material, paint, stencil,
or write any name, number (except house or street address numbers)
or otherwise mark on or obstruct any sidewalk, curb, gutter or street.
(D)
A person may not erect a sign over or in the public street right-of-way
except for traffic-control devices, street signs, or directional signs
without approval by the city council. Additional state and federal
restrictions or requirements may be applicable.
(E)
A person may not cut trees or similar clearing of vegetation on public
right-of-way to provide better view of off-premises signs.
(19)
Neon signs.
Only “open” and “closed”
neon signs that are smaller than 2.25 SF in area are allowed. One
sign of each is allowed per premises.
(20)
Unlawful signs.
Unlawful signs are prohibited.
(21)
Digital display signs configured to resemble a warning or danger
signal or are otherwise easily confusable with a warning or danger
signal.
(22)
Digital display signs resembling or simulating any lights or simulating
any lights or official signage used to control traffic in accordance
with the 2009 Manual on Uniform Traffic-Control Devices, with Revision
Nos. 1 and 2 published by the Federal Highway Administration (FHWA).
(Ordinance 2018-11-19-011 adopted 11/19/18)
The following principles control the measurement of sign area,
sign height and sign setback.
(1)
Sign area.
(A)
The area of a sign includes all lettering, wording, designs and symbols,
together with the background, whether open or enclosed, on which they
are displayed. The area of uprights, bracings and other structures
supporting a sign may be omitted in measuring the area of the sign
unless such upright or bracing consists of a corporate logo, is made
part of the message, face or border of the sign or is otherwise designed
or used to attract the attention of the public.
 |
COMMENTARY: The “golden arches
at McDonald’s, if used as support for a sign, are clearly integral
to the sign message and would be included in the measurement of the
area of the sign face.
(B)
Where a sign consists of individual letters, words or symbols attached
to a surface, the sign area is deemed to be the area of the smallest
rectangle that completely encompasses all such letters, words or symbols
and any accompanying background of a color different than the color
of the wall.
 |
COMMENTARY: Channel letter signs,
mounted logos, and similar devices are treated differently than signs
in cabinets - the wall area between multiple elements does not count
as sign area.
(C)
The area for a sign with more than one face is measured by adding
together the area of all sign faces, except where the angle at which
the two sign faces are placed does not exceed 60 degrees or where
the sign faces are parallel and not more than 36 inches apart.
 |
COMMENTARY: It is presumed that
where sign faces are placed less than 60 degrees apart, both faces
are not readable from any one point.
(2)
Sign height.
The height of a sign is measured as the
distance from the base of the sign at finished grade to the top of
the highest attached component of the sign. Finished grade is the
newly established grade after construction, exclusive of any filling,
berming, mounding or excavating solely for the purpose of locating
the sign.
(3)
Sign setback.
The setback of a sign is measured as the
shortest distance from each property line to the leading edge of the
sign.
 |
COMMENTARY: The setback should
be measured from the property to the edge of the sign, not to the
pole, in the case of a pole sign.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
For
properties within a nonresidential zone with less than 100 feet of
street frontage, only 2 types of signs and a maximum number of 2 signs
is permitted on the property.
(b)
A
maximum of three types of signs and a maximum of 10 individual signs
may be used per property within a nonresidential zone at a time with
a property street frontage of more than 100 feet but less than 200
feet.
COMMENTARY: A business with 150 feet of
property frontage, for example, is allowed a pole sign, a wall sign,
and a banner.
(c)
A
maximum of four types of signs and a maximum of 15 individual signs
may be used per property within a nonresidential zone at a time with
a property street frontage of 200 feet or more.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Only special height signs may exceed the maximum building height
permitted in the specific zoning district. Such a sign exceeding the
maximum height permitted in the specific zoning district may only
be permitted by obtaining a specific use permit from the city.
(Ordinance 2018-11-19-011 adopted 11/19/18)
The standards applicable to each permitted sign type are set
forth in the table below. Signs listed in the table must be on-premises
signs unless off-premises placement is specifically allowed. In the
table below, each header shall indicate the following:
(1)
Type.
Indicates the type of sign being regulated.
(2)
District permitted.
Indicates the zoning district the
sign is permitted. zoning districts refer to the zoning district enumerated
in the city’s zoning ordinance. If a zoning district is not
explicitly stated as a permissible zone, then it is not permitted.
(3)
Maximum area.
Indicates the maximum square footage of
that type of sign per sign.
(4)
Permit required.
Indicates whether a sign permit pursuant
to this article is required for that type of sign.
(5)
Time limit.
Indicates the number of days that type of
sign may be displayed.
(6)
Standards.
Indicate standards for displaying that sign.
(7)
Illustration.
Portray a representative sign for the
type of sign discussed.
|
Type of Sign
|
District Permitted
|
Maximum Area
|
Permit Required?
|
Time Limit
|
Standards
|
Illustration
|
|---|---|---|---|---|---|---|
|
A-frame sign or sandwich board sign
|
B and C
|
6 SF
|
No
|
None
|
One per building or tenant.
|
 |
|
Agricultural signs
|
AG
|
100 SF
|
Yes
|
None
|
One per every 200 LF.
|
 |
|
Apartment name signs
|
R-2
|
64 SF
|
Yes
|
None
|
One per street frontage.
|
 |
|
Awning signs
|
All except res. and AG
|
20% of surface area of awning
|
Yes
|
None
|
Not less than 9 feet above the level of the sidewalk or public
thoroughfare over which it is erected.
Not extending beyond 1 foot inside the curbline.
The name of the owner and the business, industry or pursuit
conducted on the premises may be painted or otherwise permanently
placed in a space on the front and side of the awning.
Awnings must be constructed of a rigid framework.
|
 |
|
Banner
|
All except res. and AG
|
10% of facade mounted on. On multitenant buildings, not to exceed
10% of leased frontage facade it is mounted on. For signs not affixed
to a building, no more than 40 SF.
|
No
|
No longer than 90 days in any calendar year.
|
One per building or tenant.
|
 |
|
Banner, feather flag
|
All except res. and AG
|
35 SF
|
No
|
No longer than 48 hours before the communit y event being advertised
to no later than 48 hours after the communit y event.
|
One per 40 LF, separated by a minimum of 5 feet, not to exceed
10 per property.
Height may not exceed 20 feet.
Combinations of corporate, spirit, and banner, feather flags
may be used, but may nor exceed a combined total of 10 per property.
|
 |
|
Banner, pole
|
All except res., AG, and properties occupied by a governmental
entity
|
12 SF
|
No
|
None
|
One per every 40 LF, separated by a minimum of 5 feet, not to
exceed 10 pole banners per property. Height of pole must not exceed
35 feet.
Must be secured to permanent pole and mounted with brackets
manufactured for that purpose. No T-posts allowed.
Combinations of corporate, spirit and pole banners may be used,
but may not exceed a combined total of 10.
|
 |
|
Canopy sign
|
All except res. and AG
|
25% of surface
|
Yes
|
None
|
Must not be less than 9 feet above the level of the sidewalk
or public thoroughfare over which it is erected.
Must not extend beyond 1 foot inside the curbline.
|
 |
|
The name of the business, industry or pursuit conducted on the
premises may be painted or otherwise permanently placed in a space
on the front and side or the awning.
| ||||||
|
Canopy signs associated with gasoline service stations are limited
to gas prices, name and company identification.
| ||||||
|
Community event sign
|
All
|
40 SF
|
No
|
From 30 days before to 7 days after event
|
Banners or other signs placed, hung or attached to the inside
walls of an event, that advertise businesses that sponsored the event,
are allowed only during the event.
A community event sign may not be placed in public street right-of-way.
Community event signs may include spirit signs, event flyers,
posters, writings, or other decorations.
|
 |
|
Construction sign, commercial
|
All except res. and AG
|
64 SF
|
No
|
From issuance of building permit to 7 days after completion
of project
|
One per construction worksite.
|
 |
|
Construction sign, residential
|
Res.
|
6 SF
|
No
|
From issuance of building permit to 7 days after completio n
of project
|
1 per platted lot or tract. H-Frame allowed.
|
 |
|
Development sign, commercial
|
All
|
128 SF
|
Yes
|
Permit issuance to 7 days after completion of project
|
Two per project for every 100 acres in the project.
Signs may be double faced.
|
|
|
Development sign, residential
|
Res.
|
128 SF exterior 320 SF interior to the development
|
No
|
From building permit issuance to 7 days after completion of
project
|
Two per entrance at exterior/perim eter roads of development.
One interior residential sign per 40 LF, not to exceed a total
of 10, with a maximum combined area of 320 SF.
Signs may be double faced.
Must have uniform design elements and colors.
|
 |
|
Digital sign
|
All except res. or AG
|
See section 3.15.014.
|
 | |||
|
Directional sign
|
All except res., AG, or properties occupied by a governme ntal
entity
|
3 SF
|
No
|
None
|
Signs may be attached or detached.
A maximum of two signs may be visible from the roadway.
|
 |
|
Must be stationary. If a sign is an attached sign, the words
must not exceed 4 inches in height.
| ||||||
|
Each sign must convey a message that directs vehicular or pedestrian
movement within or onto the premises on which the sign is located.
Must contain no advertising, but may have company identification
or logo.
| ||||||
|
Directory sign
|
All except res., AG, or properties occupied by a governme ntal
entity
|
4 SF
|
Yes
|
None
|
One per street frontage
|
 |
|
Fence sign
|
All except res. and AG
|
Not to exceed 60 SF per fence sign
|
Yes
|
None
|
One per 40 LF, separated by a minimum of 5 feet, not to exceed
10 per property.
Fence signs must be affixed directly to and flush with the fence.
Extender poles are not allowed.
Fence signs are prohibited in shopping centers.
|
 |
|
Flag, corporate and spirit
|
All except res. and AG
|
48 SF
|
No
|
None
|
One per 40 feet of street frontage, separated by a minimum of
5 feet, not to exceed 10 flags per property.
Combinations of corporate flags, spirit flags and pole banners
may be used, but may not exceed a combined total of 10.
Height of pole must not exceed 35 feet.
When flags become torn, tattered or faded, they must be removed
or replaced.
|
 |
|
Freestandi ng (pole or ground) sign
|
All except res. and AG
|
See section 3.15.010.
|
 | |||
|
Garage or yard sale signs
|
Res. and places of worship in any zoning district
|
2 SF
|
No
|
From 3 days before to 1 day after sale
|
One per property.
|
 |
|
Handheld signs
|
All
|
10 SF
|
No
|
None
|
|
 |
|
Historical sign
|
All
|
Maximum area is the sized approved by the Texas Historical Commissi
on, National Parks Service of the U.S. Departmen t of the Interior,
as appropriat e, or any successor entity. In the event a historical
sign is not approved by either entity mentioned above, then the maximum
area of a historical sign is 12 SF.
|
Yes
|
None
|
None
|
 |
|
Inflatable device
|
Res. and AG
|
None
|
No
|
None
|
Inflatable device may not be placed closer than 10 feet from
any property line.
|
 |
|
Inflatable device
|
All except res. and AG
|
N/A
|
Yes
|
14 consecutiv e days per permit. 30 days after grand opening.
|
Maximum of 3 permits per year per business.
Maximum of 15 feet tall.
Must be ground mounted; must not be affixed to a roof.
|
 |
|
Institutional sign
|
All
|
32 SF
|
Yes
|
None
|
One per street frontage.
|
 |
|
Memorial sign
|
All
|
4 SF
|
No
|
None
|
N/A
|
 |
|
Message board
|
B and C district
|
150 SF
|
Yes
|
None
|
A message board must not have any distracting appearance of
animated motion of graphics, blinking, flashing or shimmering.
A message board with an electronic message may have a scrolling
message.
When the display of a message board with an electronic message
displays changes from message to message, it must change as rapidly
as technologicall y practicable with no phasing, rolling, flashing
or blending and must change no more frequently than once every 8 seconds.
|
 |
|
Mural
|
All except res. and AG
|
None
|
Yes
|
None
|
The design of a mural must be approved by the city council before
being placed. A mural may contain a commercial message or be used
as an advertising device, provided the advertisement is incidental
to the mural. A mural is not a wall sign.
|
 |
|
Name plate sign
|
All
|
2 SF in residential district; 6 SF in nonresidential district
|
No
|
None
|
One per building or tenant per street frontage
|
 |
|
Political campaign sign
|
All
|
36 SF
|
No
|
From 60 days before to 7 days after election or referendum called
by a governmental entity.
|
Must only be placed on private property, outside of the public
street right-of-way. An automobile, truck, trailer or other vehicle
with an affixed sign may not be parked on public property for any
period of time longer than it takes the operator of owner to transact
ordinary day- to-day business (for example, shopping, paying bills
and picking up laundry).
|
 |
|
An owner or operator of a vehicle in violation of the preceding
section will be contacted and given an opportunity to move the vehicle
immediately. If the registered owner or operator cannot be contacted,
or when contacted refuses to remove the vehicle, the vehicle will
be taken into police custody and towed away at the owner’s expense.
| ||||||
|
Must not be illuminated or have any moving elements.
May not be more than eight feet high.
| ||||||
|
Projecting sign
|
All except AG
|
50 SF for horizontal sign; 100 SF for vertical sign
|
Yes
|
None
|
The distance between the principal faces of a projecting sign
may not exceed 18 inches.
|
 |
|
Every projecting sign must be placed at least 9 feet above the
public sidewalk over which it is erected, a maximum of 2 feet from
the face of the wall to which it is attached, measuring from the point
of the sign nearest the wall and at least 1 foot from the curbline.
Every projecting sign must be placed at least 15 feet above the public
driveway, alley or thoroughfare over which it is erected.
| ||||||
|
A projecting sign over public property is allowed to be permitted
only in the B zoning district.
| ||||||
|
Protective sign
|
All
|
1 SF
|
No
|
None
|
A maximum of 2 per property.
|
 |
|
Real estate sign, commercial
|
All except res. and AG
|
32 SF
|
No
|
7 days after sale or rental of subject property
|
One per platted lot or tract. For acreage, one per 200 feet
of street frontage. The setback for a nonresidential sign is 8 feet
from the property line.
The maximum height of an on-premises real estate sign in a nonresidential
district is 15 feet.
|
 |
|
Real estate sign, residential
|
Res. and AG
|
6 SF
|
No
|
7 days after sale or rental of subject property
|
One builder sign and one real estate agent sign per platted
lot or tract.
On corner lots, one builder sign and one real estate agent sign
per street frontage per platted lot or tract.
For acreage, one builder sign per 200 feet of street frontage,
with combined maximum area of 32 SF.
H-Frame sign is allowed.
|
 |
|
Searchlight
|
All except res. and AG
|
N/A
|
Yes
|
3 consecutive days per permit
|
Must not have glaring or illumination that interferes with traffic
safety.
Must not be within 500 feet of a residential zoning district
or airport.
Must not be placed in public street right-of-way.
Limit of 2 permits per year per business.
|
 |
|
Streamers
|
All, except use is limited in AG and residential districts to
promoting new development subdivisions
|
N/A
|
No
|
No more than 90 consecutive days or more than 180 days in any
calendar year.
|
In new development subdivisions in residential and AG districts
streamers are allowed only at entrances of developments under construction.
Must not be tied to a utility pole or other public structure.
Must not be placed less than 110 feet from a public highway.
|
 |
|
Subdivision entry sign
|
All except LI and HI
|
80 SF
|
Yes
|
None
|
Must bear only the name of the subdivision.
A maximum of 2 signs located at each entrance to a subdivision.
Must be constructed of masonry and/or wood, and metal, or other
natural materials and include illumination of the sign, landscaping
elements adjacent to (not turf) and surrounding the sign.
|
 |
|
The placement of all signs must comply with the 15 foot visibility
triangle setback from property corners and intersections.
| ||||||
|
Sign placement within public street right-of-way will require
street use licenses and be subject to visibility and vehicle safety
review during the permit process.
Must not project more than 8 feet above the curbline.
| ||||||
|
Vehicular sign
|
All
|
N/A
|
No
|
None
|
A vehicular sign must not extend more than 24 inches from the
top of any vehicle.
It is unlawful to attach any sign to a trailer, skid, boat or
similar mobile structure or to a vehicle, where the primary use of
such structure or vehicle is to provide a base for such sign or constitute
a sign itself.
|
 |
|
Signs painted on or attached to an inoperable vehicle are prohibited.
This section does not prohibit identification of a business
or its products or services on a fleet vehicle parked in a manner
appropriate to the normal course of business.
| ||||||
|
This section does not prohibit transportation of a sign to a
site of permanent erection.
Signs on temporary construction trailers on construction sites
are allowed for the duration of the construction project.
| ||||||
|
Moving motor vehicles and/or trailers may not be employed primarily
for the purpose of displaying commercial advertising messages. Commercial
advertising messages are prohibited on any vehicle if the messages
are unrelated to the primary business or activity for which the vehicle
is utilized; this includes but is not limited to transit vehicles
and school buses.
| ||||||
|
Wall sign
|
All except res. and AG
|
See section 3.15.011.
|
 | |||
|
Window sign
|
All except res. and AG
|
25% of the window area
|
No
|
None
|
Must not obstruct visibility of the cashier or clerk from the
street or right-of-way.
Window signs shall be included in the count determining the
total number of signs on the premises.
|
 |
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Maximum height and area.
(1)
Freestanding signs must conform to the area-height-setback relationship indicated in the table below, except as allowed for special height signs as set forth in section 3.15.008.
|
Maximum Area
(sq ft)
|
Maximum Height
(ft)
|
Minimum Setback
(ft)
|
|---|---|---|
|
0 to 50
|
15
|
10
|
|
51 to 150
|
20
|
15
|
|
>151
|
30
|
20
|
(2)
Freestanding signs must not exceed a height of greater than 30 feet
above the level of the street upon which the sign faces, or above
the adjoining ground level, if such ground level is above the street
level.
(3)
Freestanding signs must not exceed 200 square feet in area.
(b)
Minimum setback.
A freestanding signs must have a setback
from the property line of the property on which the sign is erected
in relation to its area and height, as indicated in the table above.
The setback along a highway begins at the back of the curb and state
and federal requirements must be followed. Signs are not permitted
in city, state or utility rights-of-way.
(c)
Minimum separation.
A freestanding sign must not be
nearer than ten feet to any other sign, building or structure measured
from the sign building or structure to the leading edge of the sign.
(d)
Maximum number allowed.
One freestanding sign is allowed
per lot, tract or separate building. A lot or tract located at a street
intersection is allowed one freestanding sign per street frontage.
(e)
Multiple businesses, services, tenants.
(1)
Buildings housing multiple businesses are encouraged to group signage.
A 30 percent increase in sign area is allowed for a group sign, advertising
a center with multiple businesses, with no corresponding effect on
sign setback and height specified in this section above.
(2)
The number of freestanding signs allowed may be increased by one
of the following:
(A)
If more than one business, service or tenant occupies a single building
on a lot or tract, a maximum two freestanding signs are allowed. The
combination of sign area for the two signs must not exceed the maximum
allowed area in this section above in relation to sign height and
setback.
COMMENTARY: For example, two 25 square
foot signs (maximum 50 square feet) are allowed if two or more tenant
are present in one building. The signs may not exceed 15 feet height,
and may be placed at the property line (0' setback).
(B)
If the lot, tract or parcel exceeds 200' of frontage along the street
where the sign is proposed, additional freestanding signs are allowed,
in accordance with the following table.
|
Property Frontage
(ft)
|
|
|---|---|
|
0 to 200
|
1
|
|
201 to 400
|
2
|
|
401 to 600
|
3
|
|
601 or greater
|
4
|
(f)
Alternate sign plan.
If the provisions in subsections (e)(1) and (e)(2) above do not satisfactorily meet the applicant’s needs, the city council may review a variance request for an alternate signage plan that meets the unique advertising needs of the site, business, service or tenant and, at the same time, carries out the intent of this article to balance on site advertising needs with community appearance.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Wall
signs may only be used in C, LI, and HI zoning districts.
(b)
The
calculation of building wall signage shall be based upon a building’s
primary entrance and building facade.
(c)
Building
wall signs may be placed on any portion of the building wall, but
may not exceed the height of the wall.
(d)
Building
wall signs may be placed on any face of the building, except those
directly adjacent to, and within 100 feet of a residential property
line within a residential zoning district. If the residential zoned
property is developed as a nonresidential use then this restriction
shall not apply.
(e)
Posters,
signs, or announcements located in window areas not exceeding 50%
of an individual window area shall not be calculated as an element
of total allowable site signage. Any sign area in excess of the 50%
will cause the entire area of the poster, sign, or announcements to
be calculated as an element of total allowable building wall signage.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Purpose.
These standards describe distinctive on-premises
sign standards for the B-district. This district has a unique location
in the community and these standards are intended to preserve the
visual character of this important area of the city
(b)
No
sign shall be located or arranged so that it interferes with traffic
through glare or other means.
(c)
Flashing,
intermittent or changing color lights including, but not limited to
digital signs, strobe or highway flasher lights are prohibited in
district B.
(d)
Only
one sign per business may be placed on an exterior wall of the building
housing the business. No more than 2 signs per business is allowed.
(e)
Easement encroachment prohibition.
A sign may not conflict
with the operation of utilities located within an easement area and
must follow B district zoning requirements for signage allowed in
the public rights-of way. If any conflict exists, the stricter restrictions
shall apply.
(f)
Setback requirements.
In addition to the setback requirements
for permitted sign types, the sign must observe the intersection 15
foot visibility triangle setback from property corners and intersections,
each driveway opening and each street or alley intersection.
(Ordinance 2018-11-19-011 adopted 11/19/18)
The maximum area of a low- or high-profile sign may be increased
subject to the following conditions.
(1)
A
separate changeable copy message board may be a maximum of 15 square
feet if used.
(2)
The
maximum area of the sign may be increased two square feet per tenant
over one tenant in a single building.
(3)
The
maximum area of the sign may be increased one square foot for each
one foot setback in addition to 16 feet from the curb.
(4)
The
cumulative effect of the area increase above may result in a maximum
sign area increase not exceeding 75 square feet for a low-profile
sign and 100 square feet for a high-profile sign.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
All
digital displays must meet the following general requirements in addition
to any additional specific listed elsewhere in this article or other
city ordinances:
(1)
A digital display may not display light of such intensity or brilliance
to cause glare or otherwise impair the vision of the driver, or results
in a nuisance to the driver.
(2)
A digital display must not be configured to resemble a warning or
danger signal or to cause a driver to mistake the digital sign for
a warning or danger signal.
(3)
A digital display must not resemble or simulate any lights or official
signage used to control traffic in accordance with the 2009 Manual
on Uniform Traffic-Control Devices, with Revision Nos. 1 and 2, published
by the Federal Highway Administration (FHWA).
(4)
A digital display sign must be equipped with both a dimmer control
and a photocell which automatically adjusts the display’s intensity
according to natural ambient light conditions.
(5)
Digital display light intensity exceeding the following intensity
levels (NITS) constitutes “excessive intensity or brilliance”:
|
Intensity Levels in NITS
| ||
|---|---|---|
|
Color
|
Daytime
|
Nighttime
|
|
Red only
|
3150
|
1125
|
|
Green only
|
6300
|
2250
|
|
Amber only
|
4690
|
1675
|
|
Full color
|
7000
|
2500
|
(6)
In addition to the maximum intensity levels (NITS) listed above,
all digital displays shall be illuminated at a level no greater than
0.3 footcandles over ambient light levels for the location and time
and shall employ light cutoff devices such as, but not limited to,
louvers in order to minimize light escaping above the horizontal plane.
Footcandle readings shall be measured at ground level at the distances
shown in the table below:
|
Sign Size
(in sq. ft.)
|
Distance from Source
|
|---|---|
|
0 to 100
|
100 Feet
|
|
Over 100
|
150 Feet
|
(7)
As measured from the nearest residential property line, the maximum
light emanation from an adjacent digital sign shall be 0.2 footcandles.
(8)
Prior to the issuance of any digital sign permit, the application
shall include acknowledgement that the light intensity has been factory
pre-set not to exceed seven thousand (7,000) NITS and that the intensity
level is protected from end-user manipulation.
(9)
The digital display must contain a default mechanism that will freeze
the sign in one (1) position if a malfunction occurs. If the sign
continues to be a danger to the traveling public, the digital display
shall be turned off.
(10)
Luminance shall be measured using a calibrated, certified luminance
meter and/or photometer.
(11)
Luminance measurements shall be taken during the hours between the
end of evening civil twilight and the beginning of morning civil twilight
(12)
At least five (5) measurements shall be made for each sign or sign
areas, and the readings recorded.
(13)
The recorded measurements, including the date and time made and the
permit number for the sign(s) in question shall be documented in the
city’s permitting system.
(b)
Existing signs.
All digital displays, as defined, lawfully
in existence prior to the effective date of this article shall conform
to the provisions of this article within one (1) year of article passage;
provided however, that incandescent or monochrome LED signs using
a single display color and which are used exclusively to display text
is excluded from the requirements of this provision.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Sign permit required.
No sign, other than those signs
allowed without a permit, shall be erected, placed, attached, secured,
altered or displayed to/on the ground, any building, or any structure,
until a permit for such sign has been issued by the city manager.
An application for a sign permit may be obtained from the city. The
city manager shall approve or deny an application for a sign permit
within thirty (30) days of receipt of the application. A sign permit
will be issued if a proposed sign conforms to all city ordinances.
Upon request by the city, a diagram shall be provided by the applicant,
showing the location of all signs on the property and/or adjacent
properties. Incorrect or false information on an application shall
be grounds for denial or revocation of a sign permit.
(b)
To whom issued.
No sign permit for the installation
or erection of any sign shall be issued to any person other than an
owner of the property on which the sign is located or with written
permission provided to the city of the owner of the property consenting
to the sign.
(c)
Not to issue for prohibited locations.
No sign permit
shall be issued under this article for any sign in a district where
signs are prohibited by the city’s zoning ordinance, as it currently
exists or may be amended.
(d)
Interpretation and administration.
The city manager
shall be responsible for interpreting and administering this article.
The city manager may revoke any permit for a sign issued in error.
The city manager may revoke a registration issued in error or for
those reasons stated herein.
(e)
Temporary exemptions.
The city manager shall have the
authority to approve temporary exceptions to the sign ordinance as
set forth in this article in emergency circumstances and/or in relation
to public works projects. Public works projects would include, but
is not limited to, periods where road construction interferes with
the normal course of business or other similar circumstances.
(f)
Interpretations.
The city manager shall have the authority
to issue written sign ordinance interpretations. Any person aggrieved
by an interpretation shall have the right to make an appeal according
to this article.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
The
city manager is authorized to perform an inspection of all signs.
The purpose of the inspection is to ensure that the sign has been
constructed in accordance with this article, other applicable ordinances,
and the applicable permits. The city manager shall solely determine
the method and time of such inspections.
(b)
The
city manager is authorized to perform an inspection of all signs.
The purpose of the inspection is to ensure that the sign has been
constructed in accordance with this article, other applicable ordinances,
and the applicable permits. The city manager shall solely determine
the method and time of such inspections.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Every
application for a permit fee shall be submitted along with a nonrefundable
fee in an amount determined by the city’s current consolidated
fee schedule as approved by the city council. An application will
not be accepted unless the permit fee is paid in full.
(b)
The
permit fee for a sign permit shall be doubled when the installation
or alteration of a sign is commenced or completed before the necessary
permit is obtained.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Requests
for variances to sign regulations shall be made in writing. An application
requesting a variance to the sign regulations may be obtained from
the code compliance officer. The city council’s decision is
final.
(b)
An
application for a variance to the conditions of this sign article
shall be accompanied by a variance application fee set in accordance
with a resolution or ordinance of the city council enacted from time
to time for this purpose. Such application for a variance may cover
more than one sign, but shall apply to one applicant and one location.
The notification for a variance application must appear in the official
newspaper of the city at least seven days prior to the date on which
the request is heard by the city council. There shall be one public
hearing on a variance application as provided herein. The variation
application must contain the following information:
(1)
Name, address, and telephone number of the applicant;
(2)
Location of building, structure, or lot to which or upon the sign
is to be attached or erected;
(3)
Position of the sign in relation to nearby buildings or structures,
including other signs;
(4)
The specific variation requested and the reasons and justification
for such requests; and
(5)
An electronic copy of sign specifications and site plans or 11 paper
copies of the sign specifications and site plans shall be required.
(c)
A
variance request must be submitted to the code compliance officer
at least twenty-one (21) days prior to the desired city council meeting.
(d)
At
least seven days before the city council meeting, the code compliance
officer will post the agenda for the public hearing in the newspaper
and at city hall. Said posting shall be at the expense of the applicant.
(e)
At
the public hearing, city staff will review each variance request to
the city council. This review will include an analysis of the request.
(f)
Once
city staff has completed their review of the project, the applicant
is given the opportunity to address the city council about the variance.
(g)
After
the applicant has completed his/her presentation, the city council
may ask questions about the proposed variance request. When this question
period is completed, the city council will open the public hearing
in which the public may comment on the request or simply ask questions
about the proposal.
(h)
When
the public hearing is completed, the city council will discuss the
request once again, in an effort to reach a decision. The decision
reached by the city council must be reached by a positive affirmative
vote of at least three (3) members of the city council. If the request
does not receive at least three (3) votes it is denied.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Where the rules and regulations of any other ordinance conflicts
with this sign article, the regulations contained herein shall prevail
and take precedence over any other regulation.
(Ordinance 2018-11-19-011 adopted 11/19/18)
The city manager may suspend or revoke any sign permit whenever
it is determined that the permit has been issued in error or on the
basis of incorrect or false information supplied, or whenever such
permit was issued in violation of any provision of this article, any
other ordinance of the city, the laws of the state or the federal
government. Such revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the owner of the
sign, or the owner of the premises on which the sign is located. Any
sign that is the subject of a revoked permit shall be immediately
removed by the person in control of the sign or premises upon which
the sign is located, or within a reasonable time as determined by
the city manager, but not to exceed fifteen (15) calendar days of
written notice of revocation.
(1)
A person may appeal the revocation of the sign permit in accordance with section 3.15.018 of this article.
(2)
Notice
of revocation shall be deemed to have been received when deposited
in the mail, postage prepaid, addressed to the owner of the premises,
the owner of the sign, and the tenant for whose benefit the sign is
erected as listed in the permit application.
(Ordinance 2018-11-19-011 adopted 11/19/18)
After a sign permit has been issued by the city manager, it
shall be unlawful to change, modify, alter, or otherwise deviate from
the terms and conditions of said sign permit without prior approval
by the city manager.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Removal/impoundment of prohibited signs.
(1)
All prohibited signs or noncompliant signs shall be considered a
public nuisance and are prohibited by this article in the city. Upon
identification of any prohibited sign, the city manager shall provide
written notification of the violation to the owner of the property
on which the prohibited sign is located and/or the installer of the
sign. The notification shall state that the offending sign shall be
removed by the owner, agent or person having beneficial use of the
land, building or structure upon which such sign is located within
the time period prescribed after written notification to do so by
the city manager. The notification shall further state that if the
prohibited sign is not removed within a specific time frame (not to
exceed ten (10) calendar days) a citation may be issued and the city
may resort to any civil remedy available up to and including impoundment.
(2)
If any sign is determined to present an immediate danger to public
health, safety, or welfare, the city shall remove it immediately upon
receiving a written court order for such removal. Within ten (10)
calendar days of the removal of the sign, the city manager shall notify
the owner of the property on which the sign was located of the reason(s)
for the removal of the sign.
(3)
Signs authorized by a sign permit number with an expiration date
shall be removed promptly upon the date of expiration. Signs remaining
after the date of expiration shall be deemed prohibited. The sign
permit that provides the expiration date shall be considered adequate
notice of violation.
(4)
It shall be unlawful for any person, firm, entity or corporation
receiving such written notification or having an expired sign permit
to fail to comply with the direction of the notification. In the event
failure to comply with such notice provided, the city manager is hereby
authorized to cause the removal and impoundment of such sign. Any
expenses incident thereto shall be the responsibility of the owner,
agent or person having beneficial use of the land, building or structure
upon which such sign was located.
(5)
Notice under this section may be provided if mailed by first class
mail to the owner of the property on which the sign is located. The
owner shall be determined by using the county tax records.
(b)
Impounded signs and recovery.
(1)
Impounded signs may be recovered by the owner within seven (7) calendar
days from the date of the written notification of impoundment by paying
a fee determined by the city’s current consolidated fee schedule
as approved by the city council.
(2)
Impounded signs not recovered within seven (7) calendar days from
the date written notification of impoundment is sent, may be disposed
of by the city in any manner the city so elects.
(c)
Maintenance of signs and neglected and abandoned signs.
(1)
All signs, including but not limited to nonconforming signs shall
be maintained to consistently have a neat appearance. Sign panels
and/or sign graphics shall be secured and maintained so that they
do not separate from, hang from, or fall from a sign. Sign panels
and sign graphics shall not be faded, ripped, or have any other damage.
A sign panel or sign graphic that advertises a specific event and/or
business shall be removed from a sign within seventy-two (72) hours
after the event has taken place or within seventy-two (72) hours after
the business has closed and ceased operations (unless a temporary
permit is applied for and issued under this article).
(2)
Abandoned signs and neglected signs shall be considered a public
nuisance and are prohibited by this article. Upon written notification
by the city manager, such abandoned signs shall be removed from the
premises and neglected signs shall be repaired or removed from the
premises by the owner, agent or person having beneficial use of the
land, building or structure upon which such sign is located. The notification
shall state that the offending sign shall be repaired or removed by
the owner, agent or person having beneficial use of the land, building
or structure upon which such sign is located within ten (10) calendar
days after written notification to do so by the city manager. The
notification shall further state that if the sign is not removed or
repaired, a citation may be issued and the city may resort to any
civil remedy available to remove or repair the sign, up to and including
impoundment. If any sign is determined to present an immediate danger
to public health, safety or welfare, the city shall remove it immediately
upon obtaining a written court order for such removal. Within ten
(10) calendar days of the removal of the sign, the city manager shall
notify the owner of the property on which the sign was located of
the reason(s) for the removal of such sign.
(3)
It shall be unlawful for any person, firm, entity or corporation
receiving such written notification to fail to comply with the direction
of the notice. In the event failure to comply with such notice provided
under this section, the city manager is hereby authorized to cause
the removal and impoundment of such sign upon the issuance of a written
court order authorizing the removal and impoundment of such sign.
Any expenses incident thereto shall be the responsibility of the owner,
agent, or person having beneficial use of the land, building or structure
upon which such sign was located. The city shall invoice the owner,
agent, or person having beneficial use of the land for such expenses
incurred by the city associated with the removal and impoundment of
such sign.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
Nonconforming signs.
A nonconforming sign is one that
does not comply with the standards of this article. Those nonconforming
signs lawfully existing and located on the effective date or applicability
of this article or any amendments thereto shall be considered nonconforming
signs.
(b)
Notwithstanding
any timing to the contrary a nonconforming sign may not be:
(1)
Changed to another nonconforming sign;
(2)
Structurally altered so as to prolong the life of the sign;
(3)
Expanded to increase the size;
(4)
Re-established after its removal for a period of more than thirty
(30) calendar days;
(5)
Moved in whole or in part to any other location on the same or any
other premises unless every portion of such sign is made to conform
to all of the regulations of this sign article;
(6)
If the property where the nonconforming sign is sold with full ownership
being transferred, the nonconforming sign shall be brought into conformance
with this article at the time of transfer unless the buyer continues
to operate the business under the same name that was on the nonconforming
sign at the time of transfer;
(7)
Re-established after damage or destruction if the estimated expense
of reconstruction exceeds fifty (50) percent of its fair cash value
prior to the time of destruction;
(8)
A sign which has fallen to the ground; or
(9)
A sign which leans such that an angle between the sign and the ground
is 70 degrees or less.
(c)
A
nonconforming sign may be maintained as follows:
(1)
Maintenance operations may be performed on the sign. For purposes
of this section, “maintenance operations” means the process
of keeping a sign in good repair. Maintenance operations include:
(A)
Cleaning;
(B)
Painting;
(C)
Repair of parts with like materials in a manner that does not alter
the basic design or structure of the sign, provided that the cost
of all repairs performed during any consecutive three hundred sixty-five
(365) calendar day period is not more than sixty (60) percent of the
cost of erecting a new sign of the same type at the same location;
and
(D)
Replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive three hundred sixty-five (365) calendar day period is not more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. The three hundred sixty-five (365) calendar day period limitation shall not apply to a sign that has been blown down or otherwise destroyed as described in subsection (a) above. Examples of actions that are not maintenance operations and are therefore prohibited include, without limitation:
(i)
Converting a sign from a multiple pole structure to a monopole
structure;
(ii)
Replacing wooden components with metal components;
(iii)
Increasing the area or height of a sign;
(iv)
Adding illumination to a nonilluminated sign;
(v)
Adding additional display faces;
(vi)
Converting a sign to utilize animated display or moveable copy
technology, including but not limited to signs featuring Tri-Vision
technology; and
(vii)
Updating the technology in an already existing animated display
or moveable copy signs. If a sign is dismantled for any purpose other
than an alteration or maintenance operation permitted hereunder, the
sign may not be altered, reconstructed, repaired or replaced, and
the owner shall remove the sign or bring it into compliance with this
article and all other applicable ordinances.
(2)
Ordinary repairs and maintenance, including the removing and replacing
of the outer panels are permitted, provided, the panels are replaced
with identical panels and that no structural alterations or other
work which extends the normal life of the nonconforming sign shall
be permitted.
(3)
Single panels on multi-panel monument signs for multi-tenant shopping
centers may be changed to reflect tenant changes.
(4)
A nonconforming sign or sign structure may be removed temporarily
to perform sign maintenance or sign repair. In order to preserve the
nonconforming sign status, the person removing the sign must inform
the city manager, in writing, before the sign is removed. If the responsible
party fails to inform the city manager, any re-erected sign will be
considered a new sign.
(5)
Notwithstanding any other provision of this article, any sign that
is a legally existing nonconforming sign hereunder may be relocated
on the same lot or tract of land, if the sign is required to be removed
from its present location because the property upon which the sign
is located is acquired by any governmental agency or other entity
which has or could have acquired the property through the exercise
of its power of eminent domain. But such relocated sign shall be placed
to comply with all setbacks and other locational requirements as set
forth in this article.
(6)
Change to a conforming sign. A nonconforming sign may be altered
to become or be replaced with a conforming sign by right. Once a sign
is altered to conform or is replaced with a conforming sign, the nonconforming
rights for that sign are lost and a nonconforming sign may not be
re-established. Unless prohibited, proposed changes that are not in
conformance are subject to the variance process.
(7)
If there is no sign in place on a sign structure or building wall
for six (6) continuous months, the nonconforming rights are lost and
a nonconforming sign may not be re-established. If the sign structure
is unused for less than six (6) continuous months, a nonconforming
sign may be re-established.
(d)
Nonconforming sign registration and amortization.
(1)
Registration.
The operator and/or owner of any nonconforming
sign shall register such nonconforming sign and obtain from the city
manager a certificate of nonconforming rights, within twelve (12)
months after the sign becomes nonconforming or twelve (12) months
after the effective date of this sign article, whichever occurs later.
If a sign qualifies as a nonconforming sign and the operator and/or
owner registers the sign with the city, the city manager shall issue
a certificate of nonconforming rights. Failure to obtain this certificate
of nonconforming rights within the requisite time shall terminate
the sign’s status as a nonconforming sign and such sign shall
be considered an illegal sign, which must come into compliance with
all current ordinances.
(2)
Amortization.
Any nonconforming sign may be amortized
and removed by the city in accordance with the procedural and compensation
requirements specified in chapter 216 of the Tex. Loc. Gov’t
Code.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Nothing in this article is meant to prevent any public safety
organization or agency from setting up and utilizing any type of sign
needed on a temporary basis to protect and enhance public safety solely
at the discretion of the public agency in the performance of its official
duties.
(Ordinance 2018-11-19-011 adopted 11/19/18)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. Any
person violating any provision of this article is subject to suit
for injunctive relief as well as prosecution for criminal violations.
Any violation of this article is hereby declared to be a nuisance.
(Ordinance 2018-11-19-011 adopted 11/19/18)
(a)
A
violation of any provision of this article shall be deemed to be a
misdemeanor and, upon conviction, such violation shall be punishable
by a fine in an amount not to exceed $500.00. Each day of a violation
exists shall constitute a separate offense.
(b)
Neither
allegation nor evidence of culpable mental state is required for the
proof of an offense defined by this article.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Nothing in this article shall be construed as a waiver of the
city’s right to bring a civil action to enforce the provisions
of this article and to seek remedies as allowed by law, including,
but not limited to the following:
(1)
Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article, including removal of signs that violate this article at the
expense of the sign owner; and
(2)
A
civil penalty up to one thousand and no/100 dollars ($1,000.00) a
calendar day when it is shown that the defendant was actually notified
of the provisions of this article and after receiving notice committed
acts in violation of this article or failed to take action necessary
for compliance with this article; and
(3)
Other
available relief.
(Ordinance 2018-11-19-011 adopted 11/19/18)
Upon receiving a court order authorizing removal, the city may
remove any sign not in compliance with this chapter at the sign owner’s
expense.
(Ordinance 2018-11-19-011 adopted 11/19/18)
