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)