That the findings contained in the preamble to Ordinance No. 326 are determined to be true and correct and are hereby adopted as part of this chapter.
(Ordinance 326, sec. 1, adopted 11/5/00)
Editor's note—Section 12 of Ordinance 326, adopted Nov. 5, 2000, amended Ch. 14 in its entirety by repealing Ord. Nos. 168, 168A, 238 and 324 from which Ch. 14 secs. 14-1-14-12 and 14-26-14-34 derived. Sections 1-11 of Ordinance 326 enacted similar provisions which have been designated as secs. 14-1-14-11.
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
means a sign that no longer advertises the business occupying the premises for which the sign was permitted, or a sign that formerly advertised a business and either the business or the building in which the business was located no longer exists.
mean a replacement of all or any part of the supporting structure of a sign for any reason whatsoever, but do not include changing any of the ornamental features, electrical wiring or devices, and the advertising display of a sign.
means an outdoor advertising sign on a freestanding framework and independent of a building which directs attention to a business, commodity, industry, or other activity which is sold, offered, or conducted elsewhere than on the premises upon which such sign is located or to which it is affixed, or which is sold, offered, or conducted of whatever material the same may be constructed, which is erected, maintained, and established for the public display of posters, printed signs, pictures, or other pictorial or reading matter.
means a freestanding structure which contains two (2) or more separate business signs within an integrated business development. Each individual business sign contained therein shall not exceed thirty-two (32) square feet in area on each side of the sign. The total allowable area of a business directory sign is one hundred forty-four (144) square feet on each side of the sign. Subject to these and the other restrictions described in this chapter, the construction, erection and/or display of business directory signs is permitted in the city.
means a sign, an outdoor advertising sign or an electronic sign which uses the name of the business or information concerning the business to direct attention to the business, commodity, service, entertainment, industry, or other activity which is sold, offered or conducted, other than incidentally, upon the premises upon which such sign is located or to which it is affixed. Subject to the restrictions described in this chapter, the construction, erection and/or display of business signs is permitted in the city.
means such devices as are used to display and vend newspapers or similar products. Subject to the restrictions described in this chapter, coin-operated devices are permitted in the city.
means a sign constructed, erected and displayed in connection with a construction project undertaken in the city pursuant to a permit obtained from the building official stating the name of the construction company and a brief description of the project under construction. Construction signs include signs advertising painting companies, remodeling companies, engineers, and architects signs, and other similar signs. Subject to the restrictions described in this chapter, the construction, erection and/or display of construction signs is permitted on private property in the city.
means the surface of a sign made available by the structure for the direct mounting of the letters of the business name. Painted objects, logos, decorations, and other similar displays are not included in the display surface.
means a gradual transition from one (1) image to another.
means any sign that is capable of changing its message, copy, graphics, lumens or appearance by electronic or mechanical means. Subject to the restrictions described in this chapter, the construction, erection and/or display of electronic signs is permitted in the city.
means the general outer surface, not including cornices, bay windows, or architectural projects of any main exterior wall of a building.
means the United States flag, Texas State flag, city flag, nautical flags, and other similar flags but does not denote flag-like banners used to direct attention to the business, commodity, service, entertainment, industry, or other activity which is sold, offered, or conducted. Subject to the restrictions described in this chapter, the display of flags is permitted in the city.
means that portion of any tract of land which abuts a public street right-of-way.
means the vertical distance from the uppermost point of an outdoor advertising sign to the surface from where the sign is viewed. If the sign is being viewed from a bridge, the height of the sign is measured from the surface of a roadway. No sign shall be erected, constructed, or maintained that shall exceed twenty-five (25) feet in height above adjacent grade. The base of every such sign unless affixed to a building shall be at least six (6) feet from the lower edge to the ground, which space shall not be closed or obstructed in any manner, excluding necessary structural supports.
means a freestanding business not located within a shopping center or integrated business development.
means an arrangement of letters, figures, symbols, or other devices used for advertising, announcements, directions, or declarations intended to attract or inform the public, affixed freestanding, or attached to, or projecting from the interior walls or glass of the building or other interior structure which can be viewed from the public right-of-way. Subject to the restrictions described in this chapter, the construction, erection, and/or display of indoor advertising signs is permitted in the city.
means a project built and intended to be used for two (2) or more independent retail shops, department stores, restaurants, cinemas, and other allied businesses. Subject to the restrictions described in this chapter, the construction, erection and/or display of signs is permitted in integrated business developments.
means a lot, premises, building, wall, or any place or surface whatsoever on which a sign is erected, constructed, and maintained.
means a sign supported by one or more columns, poles, uprights, or braces anchored in or on the ground and not attached to any building. Except where stated to the contrary herein, the lowest point of a monument sign is permitted no higher than eighteen (18) inches above the adjacent grade. The highest point of a monument sign is permitted no higher than eight (8) feet from the natural or average finished grade. Subject to the restrictions described in this chapter, the construction, erection and/or display of monument signs is permitted in the city.
means an arrangement of figures, symbols, or other devices used for advertising or displaying goods, products or services primarily sold or offered for sale where the mural exists. Subject to the restrictions described in this chapter, the construction, erection and/or display of murals is permitted in the city.
means a sign identifying or advertising the business, person, activity, goods, products or services primarily sold or offered for sale off the premises where the sign is installed and maintained when such premises is used for business purposes. Subject to the restrictions described in this chapter, the construction, erection and/or display of off-premises signs is permitted in the city.
means a sign identifying or advertising the business, person, activity, goods, products or services primarily sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes. Subject to the restrictions described in this chapter, the construction, erection and/or display of on-premises signs is permitted in the city.
means an arrangement of letters used for advertising, announcements, directions, or declaration intending to attract or inform the public, affixed freestanding, or attached to, or projecting from the exterior walls of the building or other structure or upon constructed surfaces supported by one or more uprights or braces in or on the ground or otherwise erected, attached, or supported outdoors and including the structure of such sign. Subject to the restrictions described in this chapter, the construction, erection and/or display of outdoor advertising signs is permitted in the city.
means the front wall of a building designed for a business sign or an outdoor advertising sign to be mounted. Subject to the restrictions described in this chapter, business signs mounted to parapets are permitted in the city.
means a streamer or streamers of triangular flags intended to attract or inform the public, affixed freestanding, or attached to, or projecting from the exterior walls of the building or other structure. Subject to the restrictions described in this chapter, the display of pennants is permitted in the city.
means a sign announcing or promoting the candidacy of one or more persons for elective office, or concerning any political issue appearing or which is to appear on the ballot of any public election. Subject to the restrictions described in this chapter, the construction, erection and/or display of political signs is permitted on private property in the city.
means a display sign, banner, sandwich sign, walking sign, vehicle sign, snipe/bandit sign, or other advertising device constructed of cloth, canvas, fabric, or light temporary material, with or without a structural frame, including a trailer mounted sign, intended for a limited period of display. Portable signs are intended to be easily removable or are intended to be erected at successive locations, having regard to unusual and customary practice; provided that the foregoing definitions shall not be deemed to extend to or include coin-operated devices. Subject to the restrictions described in this chapter, the construction, erection and/or display of portable signs is permitted in the city.
means the act or function of updating the changing display on a sign.
means an outdoor advertising sign erected over or on the roof of a building.
means a sign that is wind certified by a registered professional engineer to withstand winds up to and including one hundred ten (110) mph without sustaining structural damage.
means NASA Road One within the boundaries of the city.
means a sign visible from and located on premises with frontage on a scenic right-of-way. Subject to the restrictions described in this chapter, the construction, erection and/or display of scenic right-of-way signs is permitted in the city.
means the support, uprights, bracing, and framework of any outdoor advertising sign.
means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to power poles, trees, stakes, fences, or other like posts. Subject to the restrictions described in this chapter, the construction, erection and/or display of snipe/bandit signs is permitted in the city.
means a sign or promotional device that has lights that revolve, blink, flash, or create a perception of movement, excepting time and temperature blinking signs.
means any sign that is determined to be unsafe by the El Lago Building Official, whether previously wind certified by a registered professional engineer or not.
(Ordinance 326, sec. 2, adopted 11/5/00; Ordinance 409, sec. 2, adopted 8/28/13)
The provisions of this chapter shall supplement the provisions of the building code currently in use by the city relating to signs and the electrical code currently in use by the city with respect to wiring restrictions contained therein. These provisions shall govern signs and display structures as defined herein with respect to location, safety, size, design, construction, erection, attachment, alteration, repair, support, anchorage and maintenance. The building official of the city shall have and is given jurisdiction over the erection, construction, location, relocation, and maintenance of all signs regulated by the provisions of this chapter located within the boundaries of the city.
(Ordinance 326, sec. 3, adopted 11/5/00)
Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frames, and fastenings free from deterioration, termite infestation, rot, rust, or loosenings. All signs constructed, erected and /or displayed within the boundaries of the city which are certified as safe signs shall be approved by the building official subject to the provisions of this chapter and of the city’s building code and all other applicable codes and regulations.
(Ordinance 326, sec. 4, adopted 11/5/00)
(1)
Permit required.
(a)
Except as described within this section, any person desiring to erect any sign or display permitted within the boundaries of the city by the provisions of this chapter shall make application for a permit to the building official of the city.
(b)
Special permits for short time durations may be requested for signs advertising special events by making application to the building official.
(c)
Any sign or display existing within the city without an exemption or a valid permit is in direct violation of the contents of this section.
(2)
Exemptions.
Permit exemptions shall apply to the requirement for a sign permit only and shall not be construed as relieving the owner of a sign from the responsibility for its erection and maintenance in a safe condition and in conformity with applicable provisions of this chapter or of the building code governing material, construction and erection.
(a)
No sign permit shall be required for the erection or display of the following signs in any area of the city zoned Zone A or Zone C by the Zoning Ordinance:
1.
Legal notices on house numbers;
2.
Municipal, street, traffic, emergency or public service signs;
3.
Temporary signs on buildings under construction or display providing that such sign does not exceed seven (7) square feet and does not exceed five (5) feet in height;
4.
A sign advertising either the sale or rental of the premises on which it is maintained, when such sign does not exceed five (5) feet in height;
5.
A sign advertising the sale of household goods, the duration of such sign display not to exceed three (3) days in any thirty-day period and not to recur more than twice a year, when such sign does not exceed two and one-half (21/2) square feet or exceed five (5) feet in height;
6.
Political signs placed on the private property of any landowner by or with the permission of the landowner; and
7.
A sign for an organization classified by federal or state law as charitable or civic.
(b)
No sign permit shall be required for the erection or display of the following signs in areas of the city other than the areas described in subsection (a) above:
1.
Those signs exempted in Zones A and C described in subsection (a) above;
2.
Coin-operated devices;
3.
Signs painted on glass surfaces of windows or doors pertaining to the business conducted therein, not to exceed seven (7) days’ duration in any thirty-day period;
4.
Signs forming an integral part of the canopy or marquee on the premises and stating only the street number, name of the proprietor, emergency contact numbers and other information relating to the premises;
5.
Incombustible tablets built into the wall of any building or other structure and used for inscriptions or as memorial tables or for similar purposes; and
6.
The posting or painting of bills, signs, or posters on outdoor advertising signs erected and maintained for such purposes.
(3)
Application.
(a)
The application for the permit required by this section shall be in writing and shall be accompanied by a sketch of the sign to be created and all existing signs maintained on the premises and visible from the public right-of-way. In addition, a description of the property upon which the sign is to be located, together with a statement describing the location of the sign upon the property, and accompanied by the written consent of the property owner, shall be submitted to the building official.
(b)
The application for a sign permit shall be submitted in such form as the building official may prescribe and shall be accompanied by such drawings and descriptive data as are required to verify compliance with the provisions of this chapter. Whenever the conditions of installation are such as to require unusual structural provisions, the building official, if he deems it necessary in the interest of the public safety, may require that the structural drawings be prepared by and bear the seal of a registered professional engineer competent to design such structure.
(c)
Sufficient data shall be submitted to show that supporting surfaces in other members of an existing building to which a sign is to be attached are in good condition, are adequately strong to support the load, and the sign will comply with the provisions of this chapter and with the building code adopted by the city. Should any conflict arise between the building code and this chapter, the terms and conditions of this chapter shall control.
(4)
Standards for issuance.
(a)
No signs shall be constructed within the city and no permit shall be issued for the construction, erection or display of any sign within the boundaries of the city, unless the building official shall ascertain that the sign meets all standard minimum requirements.
(b)
No permit shall be issued until the building official has satisfied himself that the sign to be constructed meets the requirements and specifications of the building code and this chapter, and is not in violation of any provision of either.
(c)
No permit for a sign on or over private property shall be issued until the application for the permit has been approved by the building official.
(5)
Revocation.
(a)
The building official of the city may revoke any permit granted pursuant to this section, and subject to the provisions of this chapter may order the owner of any sign which is maintained in violation of any provision of this chapter or other ordinance of the city to alter, repair, change, reconstruct, demolish, or remove such sign as may be necessary to conform to this chapter. Such work or act shall be completed within thirty (30) days of the receipt of notice by registered mail to the owner, agent, or person in control of such sign.
(b)
Any sign permit secured from the building official for the erection of any sign which, in the opinion of the building official, has been secured through subterfuge or as a result of error on the basis of incorrect information and not in full compliance with the provisions of this chapter or any other ordinance of the city shall be revoked by the building official.
(c)
Any permit issued for an outdoor advertising sign shall be valid only while such sign is maintained in a safe condition, and is in good repair. The building official shall revoke any permit when unsafe conditions exist, the sign has been abandoned for a period exceeding thirty (30) days, or the sign becomes unsightly because of damage or no maintenance, and these conditions are not corrected as stated in paragraph (a) of this subsection by the owner of the sign.
(6)
Fees for outdoor advertising signs.
Sign permit fees for the erection of all outdoor advertising signs shall be set forth by the city in the City of El Lago Building Permit Fee Schedule, as amended from time to time.
(Ordinance 326, sec. 5, adopted 11/5/00)
(a)
Business signs.
No business sign shall exceed eighty (80) square feet in size on each side of the sign. The maximum height of freestanding business signs is twenty-five (25) feet when measured from adjacent grade. A minimum clearance of six (6) feet is required under the display area of a business sign. The maximum number of business signs for which a permit may be issued to a business is no more than three (3) business signs, five (5) outdoor advertising signs or one (1) electronic sign but in no event shall more than five (5) total sign permits be issued to any business.
(b)
Outdoor advertising signs.
The maximum number of outdoor advertising signs for which a permit may be issued is five (5) per business. No outdoor advertising sign shall exceed twenty (20) square feet in size.
(c)
Integrated business development signs and business directory signs.
Each individual business sign within an integrated business development shall not exceed thirty-two (32) square feet in area on each side of the sign. The total allowable area of a business directory sign is one hundred forty-four (144) square feet on each side of the sign. The maximum height of a freestanding integrated business development sign is twenty-five (25) feet when measured from adjacent grade. The maximum number of integrated business development signs is one. A minimum clearance of six (6) feet is required under the display area of an integrated business development sign.
(d)
[Display signs.]
Signs displaying “Now Open”, “Grand Opening”, “Under New Management”, special sale banners, pennants, and all similar type signs shall be:
(1)
Limited to one fourteen-day continuous period per quarter, except thirty-day continuous period for “Grand Opening” and “Now Open” banners;
(2)
Banner size not to exceed thirty-two (32) square feet; and
(3)
Be attached to a building and may not project above the roof line of the building, except for buildings with parapet walls in which case the sign shall not project outside of the building’s silhouette and shall not project above the parapet.
(e)
On-premises real estate signs.
On-premises real estate signs shall have a maximum area of seven (7) square feet on each side of the sign and must be removed within two (2) days after the closing of the property.
(f)
Construction signs.
Construction signs shall have a maximum area of seven (7) square feet on each side of the sign and must be removed within two (2) days after completion of the construction project.
(g)
Charitable and civic signs.
Charitable and civic signs shall have a maximum area of seven (7) square feet on each side of the sign and must be removed within two (2) days after the completion of the event advertised.
(h)
Political signs.
(1)
The exemptions for political signs contained in section 14-5(2)(a)6. and (b)1. do not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. Such a sign is subject to all regulations of this section including the prohibition on billboards contained herein.
(i)
Electronic signs.
The maximum number of electronic signs for which a permit may be issued is one (1) per business. No electronic sign shall exceed forty-eight (48) square feet in size. Electronic signs are further restricted as follows:
(Ordinance 326, sec. 6, adopted 11/5/00; Ordinance 326A, sec. 2, adopted 3/3/08; Ordinance 409, sec. 3, adopted 8/28/13)
A permit shall not be issued for the construction, erection or display of the following unless the applicant has first received a variance from the terms of this chapter by the favorable vote of four-fifths of the city council being present:
(Ordinance 326, sec. 7, adopted 11/5/00)
(a)
Billboards.
(b)
Coin-operated devices assembled, conjoined, or placed within the right-of-way bounds of a public street, public sidewalk, or alley within the city so that vehicular or pedestrian traffic thereon is impeded.
(c)
Spectacular signs.
(d)
Outdoor advertising signs displayed on or attached to any movable or stationary vehicle that requires a state inspection sticker, other than for the immediate transfer from or to a permitted location.
(e)
Outdoor advertising signs erected in such a manner that any portion of the surface or supports will interfere in any way with the use of any fire escape, exit, or standpipe, or obstruct any required ventilator, door, or stairway or the free use of light, ventilation, or egress of any window above the first story.
(f)
Outdoor advertising signs on which electrical wiring or the installation of electrical lighting is required without first obtaining from the building official a permit and the payment of the fee prescribed in the building permit.
(g)
Signs in residential zones except as described herein.
(h)
Roof signs.
(i)
Signs on public rights-of-way or property including any public building or structure or any utility pole, tree, fence, fire hydrant, street light standard, stop sign, directional sign or other traffic sign located on any public property or right-of-way. Garage sale signs, yard signs, and similar such signs are permitted from Thursday through Sunday in designated areas of the city only.
(j)
Unsafe signs.
(Ordinance 326, sec. 8, adopted 11/5/00; Ordinance 428, sec. 2, adopted 7/27/15)
(a)
All signs constructed, erected or displayed in violation of this chapter or without a permit as described in this chapter are declared to be nuisances and must be relocated, reconstructed or removed as contained in this chapter.
(b)
All abandoned signs and unsafe signs must be removed within thirty (30) days of notice to the owner of the sign by the building official. Should the owner of an abandoned or unsafe sign fail or refuse to remove said sign within the notice period, the building official shall take all actions necessary to remove the sign and seek a penalty from the owner of the sign as described in this chapter.
(c)
All signs erected in violation of the ordinances of this city at the time of erection must be removed within thirty (30) days of notice to the owner of the sign by the building official. Should the owner of a violative sign fail or refuse to remove said sign within the notice period, the building official shall take all actions necessary to remove the sign and seek a penalty from the owner of the sign as described in this chapter.
(d)
There is hereby created the City of El Lago Municipal Board on Sign Control (the “board”) composed of the following persons to be appointed by the mayor of the city:
(1)
Two (2) real estate appraisers, each members in good standing of a nationally recognized professional appraiser’s society or trade organization that has an established code of ethics, educational program, and professional certification program;
(2)
One person engaged in the sign business in the city;
(3)
One employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and
(4)
One architect or landscape architect licensed by the State of Texas.
The term of each of the above members of the board is two (2) years from the date of appointment. |
The board shall have the powers to perform all acts described by Chapter 216, Subchapter A, Vernon’s Texas Civil Statutes Annotated, Local Government Code. In particular, on notice to the board by the building official that a sign located within the boundaries of the city has been constructed, erected or is being displayed in violation of the provisions of this chapter, the board shall determine the amount of the compensation to which the owner of the sign is entitled after a hearing and pursuant to the requirements of Chapter 216, Subchapter A, Vernon’s Texas Civil Statutes Annotated, Local Government Code. |
Upon said determination and the determination by the city council of the method of compensation to be made to the owner of the sign, and once all other requirements of state law have been met, the sign shall be reconstructed, relocated or removed as required within thirty (30) days of notice to the owner of the sign by the building official. Should the owner of the sign fail or refuse to remove said sign within the notice period, the building official shall take all actions necessary to remove the sign and seek a penalty from the owner of the sign as described in this chapter. |
(Ordinance 326, sec. 9, adopted 11/5/00)
Any person violating any provision of this chapter shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation, and each day shall constitute a separate offense.
(Ordinance 326, sec. 10, adopted 11/5/00)
A variance from the terms of this chapter can be granted with a favorable vote of four-fifths of the city council being present with the exception that a variance cannot be granted to permit the construction, erection and/or display of a prohibited sign or a nonconforming sign.
(Ordinance 326, sec. 11, adopted 11/5/00)