This article shall be commonly cited as the sign ordinance.
(Ordinance C17-06, sec. I(A), adopted 6/15/17)
This article provides standards to control the erection of signs
and billboards within the city and its extraterritorial jurisdiction
(ETJ). All signs not exempted as provided in this article shall conform
to these standards. The general objectives of these standards are
to promote health, safety, welfare, convenience, and enjoyment of
the public, and to achieve the following:
(1)
Safety.
To promote the safety of persons and property
by providing that signs do not:
(A)
Create a hazard due to collapse, fire, decay or abandonment;
(B)
Obstruct firefighting effort, EMS response, or police surveillance;
(C)
Create traffic hazards or obstacles by confusing or distracting pedestrians
and vehicles; or
(D)
Become obstacles that hinder the ability of pedestrians or motorists
to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages provided that:
(A)
Those signs providing public safety messages are given priority;
(B)
Businesses and services may identify themselves;
(C)
Customers and other persons may locate businesses or services;
(D)
No person or group is arbitrarily denied the use of the sight lines
from the public rights-of-way for communication purposes;
(E)
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; and
(F)
Preserve the right of free speech exercised through the reasonable
and safe use of signs.
(3)
Landscape quality and preservation.
To protect the public
welfare and maintain the appearance and economic value of the landscape,
by providing that signs:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using the public rights-of-way
for transportation;
(C)
Do not create a nuisance to occupants of adjacent or nearby property
due to 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.
(4)
Balance.
The purpose of this article is to create the
legal framework for a comprehensive and balanced system of signs that
will preserve the right of free speech and expression, provide an
easy and pleasant communication between people and their environment,
and avoid the visual clutter that is potentially harmful to traffic
and pedestrian safety, property values, business opportunities, and
community appearance. With these purposes in mind, it is the intent
of this article to authorize the use of signs that are:
(Ordinance C17-06, sec. I(B), adopted 6/15/17)
All signs in the city and ETJ shall be properly maintained at
all times to the satisfaction of the building inspector. The building
inspector shall have the authority to order the painting, repair,
or removal of a sign which constitutes a hazard to the safety, health,
or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment. The building inspector’s decision
shall be subject to the review of the board of adjustment as listed
below regarding appeal of a decision of an administrative official.
If, within fifteen (15) days, the maintenance orders are not complied
with, the city manager may order the sign removed at the owner’s
expense under the provisions of this article.
(Ordinance C17-06, sec. I(C), adopted 6/15/17)
This article applies to all property within the incorporated
municipal boundaries (i.e., city limits) and the ETJ as they exist
at the time this article is adopted and as may be modified in the
future.
(Ordinance C17-06, sec. I(D), adopted 6/15/17)
(a)
Rules of interpretation.
Words and phrases used in this
article shall have the meanings set forth in this section. Terms that
are not defined below, but are defined elsewhere in the city’s
ordinances, shall be given the meanings set forth in such ordinances.
Words and phrases not defined in the city’s ordinances shall
be given their common, ordinary meaning unless the context clearly
requires otherwise. When not inconsistent with the context, words
used in the present tense shall include the future tense, words in
the plural number shall include the singular number (and vice versa),
and words in the masculine gender shall include the feminine gender
(and vice versa). The words “shall” and “must”
are always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only. Signs that
fit more than one definition under this article shall be regulated
under the definition with the more restrictive provisions.
(b)
Abandoned sign.
Animated or moving sign.
Back-to-back sign.
Banner sign.
Billboard.
Building official.
Business firm.
Canopy sign.
City council.
City inspector.
City limits.
City manager.
Commercial sign.
Development lot.
Development sign.
Electronic sign.
ETJ.
Flashing sign.
Freestanding sign.
Gasoline pump island.
Governmental sign.
Ground sign.
Hanging sign.
Inflated sign.
Intersection.
Monument sign.
Multi-unit complex.
Nonconforming sign.
Person.
Planning and zoning commission.
Pole sign.
Portable sign.
Projecting sign.
Property.
Responsible party.
Right-of-way.
Sandwich sign.
Sign.
Sign area.
Sign structure.
Sloping roof sign.
Temporary sign.
Wall sign.
Zoning board of adjustment.
Specific terminology.
For the purpose of this article,
the following words and terms shall have the meanings ascribed:
Any permanent or temporary on-site or off-site sign that
relates to business goods that are no longer sold or produced, and/or
where services are no longer provided.
Any sign, or part of a sign, which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
A structure containing two (2) parallel signs whose faces
are oriented in opposite directions and are spaced no more than ten
(10) feet apart.
A sign made of cloth, plastic or other flexible material,
without a frame or backing, designed to be attached to a building,
pole, or other structure.
A sign that is designed for a change in copy, so that the
characters, letters, or illustrations can be changed or rearranged
within a fixed sign face to be rented for compensation or no compensation
to businesses, groups, or individuals separately from any on-site
goods, services, or activities on the property on which the sign is
located.
The city official, also referred to as the building inspector,
appointed by the city manager with the duty of processing all building
permit applications, including inspections of construction, the duty
of sanitary inspections in accordance with city laws, and such other
duties as may be assigned.
A commercial or industrial enterprise.
A sign that is mounted or painted on, or attached to, an
awning, canopy or marquee that is otherwise permitted by ordinance.
The governing body (i.e., board of aldermen) of the city.
The designated official charged by the city with inspecting
to ensure compliance with the city’s building, construction,
plumbing and electrical standards.
The incorporated municipal boundary of the city.
The designated official charged by the city council with
administering sign regulations.
A sign with direct attention to a business, product, service,
or activity which is conducted upon the premises where such sign is
located.
A developed lot which is ground leased or which has structures
for business in place for use as an established business.
“Ground signs” announcing or describing a legally
approved subdivision or land development for the purpose of selling
properties within the subdivision.
Any sign on which letters, figures, designs, or messages
are formed or outlined by electric illumination, including any LED
screen or any other type of video display, or by a transparent or
translucent medium which is electronically illuminated, whether the
illuminating device is obtained within or on the sign, and shall also
include all outside building outlining, interim decorative displays,
and gas tube window outlining. Signs illuminated by electric lights
which are not attached to the sign and signs which are lighted by
floodlights or projectors are not classified as electronic signs within
the meaning of this article but must meeting the outdoor lighting
requirements of the zoning ordinance.
The extraterritorial jurisdiction of the city, which is the
unincorporated area contiguous to and surrounding the city that is
established by law, particularly chapter 42, Texas Local Government
Code, as being the area in which the city may exercise certain authority,
including sign regulation, in order to promote and protect the general
health, safety, and welfare of persons residing in and adjacent to
the city, the size of which is determined by the number of inhabitants
residing in the city.
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
Any sign not permanently attached to the ground or other
structure.
A pump or pumps at a service station that draws gasoline
from above-ground or underground storage tanks. This definition also
includes a fuel station canopy, which is a framed structure used to
shield fuel pumps from the rain and/or sun.
A sign erected and maintained pursuant to and in discharge
of any governmental functions, or required by law, ordinance or other
governmental regulation.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
Any sign suspended under an awning, canopy, or marquee.
An air-inflated advertisement for promotion or a grand opening.
The location where two (2) or more roadways cross.
A ground sign permanently affixed to the ground at its base,
supported entirely by a base structure, and not mounted on a pole
or part of a building.
A grouping of two (2) or more business establishments that
either share common parking on the lot where they are located, or
that occupy a single structure or separate structures that are physically
or functionally related or attached. This term also includes multi-unit
residential complexes, including apartment complexes, garden homes,
and retirement communities.
A sign which was lawful prior to the adoption or revision
or amendment of this article, but which fails, by reason of such adoption,
revision, or amendment, to conform to the present requirements of
this article.
An individual, corporation, association, society, firm, partnership,
joint stock company, state, or political subdivision or agency of
a state.
The planning and zoning commission for the city.
A sign which is permanently affixed in or upon the ground
on a base and/or supported by a pole on one or more piers, not attached
to any building, fence, vehicle, or other support.
Any sign designed or constructed to be easily moved from
one location to another, including signs mounted upon or designed
to be mounted on a trailer, wheeled carrier, or other non-motorized
mobile structure. A sign which has wheels shall still be considered
a portable sign.
A sign attached to and projecting from the wall of a building,
or fence, and not on the same plane as the wall or fence (i.e., the
sign has depth because it is not flush with the surface). This includes
but is not limited to channel letter signs, flex face signs secured
to a frame, plaques, shingles and adhesive signs/lettering.
A tract of land including its buildings or other appurtenances.
With respect to a tenant in a multi-unit complex, the term “property”
refers only to the leased space.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which a governmental
entity has an interest.
A portable sign attached upon an A-frame.
An outdoor lettered, numbered, symbolic, pictorial, or illuminated
visual display which is affixed to or represented directly or indirectly
upon a building, structure, or piece of land and which directs attention
to an object, product, place, activity, institution or business. The
term “sign” shall include all other devices or structures
as may reasonably be included under it, whether attached or unattached.
This definition also excludes all flags, non-electronic window displays,
graffiti, signs located on an athletic field, and the official announcements
or signs of government.
The entire face of the sign, including the communicative
surface and any framing, trim, or molding, but not including the supporting
structure.
The supports, mounts, poles, braces, or base with or without
a sign thereon, situated upon or attached to the property, upon which
any sign is or is intended to be installed. This definition does not
include a building, fence, wall, or earthen berm.
A sign that is displayed above the eaves and under the peak
of a building. This term includes a sign painted, erected, constructed,
or maintained on the roof of a building.
A banner, pennant, poster, or advertising display constructed
of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood,
or other like materials that appears to be intended or is determined
by the code official to be displayed for a limited period of time.
A sign painted on or otherwise made an integral part of a
wall. Typically, a wall sign is on the same plane as the wall (i.e.,
flush with the wall surface). The term does not include a sign that
can be removed from the wall and remain substantially intact (e.g.,
banner signs or projecting signs as they are defined in this article).
Unless stated otherwise in this article, no wall sign shall exceed
sixty-four (64) square feet in sign area.
The zoning board of adjustment for the city.
(Ordinance C17-06, sec. II, adopted 6/15/17; Ordinance adopting Code)
(a)
Permit required.
No person may erect or place a sign
in the city limits or ETJ without first obtaining a permit, except
as provided herein. Furthermore, no person or business firm, acting
either as principal or agent, shall alter the copy face or lettering
of any sign (except for signs with temporary messages made from interchangeable
characters attached to tracks or grooves on the sign board) either
by changing the message or by renovating an existing message or shall
erect any sign or sign structure until a sign permit for such work
has been issued by the building official, or the building official’s
designee, except as provided herein. A noncommercial message may be
displayed on any legal sign surface at any time without requiring
a permit.
(b)
Signs to pertain to primary use or service.
All commercial
signs shall pertain to the identification of the goods or services
provided or sold on the premises, except for existing billboards that
meet the requirements of this article.
(c)
Compliance with building and electrical codes.
Signs
and sign structures will be installed and maintained in compliance
with all applicable building and electrical codes adopted by the city.
(d)
Electronic signs.
All existing electronic signs as defined
and regulated in this article are required to have an approved, permanent
outdoor type connection, which shall be inspected and approved by
the city inspector prior to the operation of the sign. No electric
sign shall be placed further than ten (10) feet from its electrical
connection.
(e)
Dilapidated signs.
Responsible parties shall not allow
signs or sign structures to become dangerous, within the meaning of
the International Building Code, because of inadequate design, construction,
repair, or maintenance. It is a violation of this article if a sign
is in such a state of disrepair as to constitute an imminent threat
to public health, safety and welfare.
(f)
Vehicle signs.
Moving motor vehicles and/or trailers
may contain commercial advertising without affecting total allowed
signage for a specific lot if the vehicle:
(g)
Reflective surfaces.
Signs with reflective surfaces
are prohibited unless required by law.
(h)
Measurement of sign area.
Only one (1) side of a double-faced,
V-shape, back-to-back, or other similar type of sign shall be measured
to determine the sign area of a sign.
(i)
Projecting signs.
No sign, sign structure, or sign support
shall project over any property line or into a public right-of-way,
except that a sign placed flat against the wall of a building which
is on the property line may project eighteen (18) inches beyond the
property line over public property.
(j)
Street right-of-way protected.
A person shall not install
a sign on the right-of-way of a street or highway maintained by the
city unless explicitly authorized by this article.
(k)
Utility right-of-way protected.
A person shall not install
a sign on the right-of-way of a drainage or utility easement within
the city unless explicitly authorized by this article or required
by other law.
(l)
Setback from street right-of-way.
All signs and supporting
structures shall be required to be set back at a minimum of six (6)
feet from the street right-of-way unless stated otherwise in this
article.
(m)
Prohibited sign supports.
Trees, traffic poles, utility
poles or wires, rocks, bridges, fences, towers, bus shelters, benches,
and dilapidated buildings shall not be used as sign supports. Signs
are prohibited on trash receptacles except for signs that are required
by law. Signs are prohibited from being installed on utility poles
except for signs that are required by law, provide safety instructions,
or are otherwise customarily found on utility poles.
(n)
Clear sight triangle.
(1)
Parking lot driveway.
A clear sight triangle shall be
formed on both sides of a driveway into a parking lot. Size shall
be determined by measuring ten (10) feet along the property line and
ten (10) feet along the driveway. No sign more than two (2) feet in
height shall be erected or placed in this triangle.
(2)
Street corner.
A clear sight triangle shall be formed
by measuring twenty (20) feet along the property line in both directions
from the corner of the lot adjacent to the intersecting streets. No
sign more than two (2) feet in height shall be erected or placed in
this triangle. A single support with no sign structure or copy between
a point thirty (30) inches and eighty-four (84) inches above the street
grade is not considered a violation of the clear sight triangle.
(o)
Obstructions to passageways.
No sign shall be installed
to prevent free ingress to or egress from any door, window, or fire
escape. No sign of any kind shall be attached to a standpipe or fire
escape.
(p)
Traffic hazards.
No sign or sign structure shall:
(1)
Obstruct free and clear vision at any street intersection.
(2)
Interfere with, obstruct the view of, or be confused with any authorized
traffic sign signal or device because of its position, shape or color.
(3)
Use illumination resembling an emergency signal.
(4)
Be the cause of a recurring traffic slowdown, whether because of
its positioning, content, visual impact, or a combination of these
or other factors.
(q)
Exemptions.
The following signs are exempt from regulation
and permits under this article:
(1)
Any sign wholly within the confines of a building, and oriented to
be out of view from outside the building.
(2)
Commemorative plaques and historical markers, [or] flags mounted
on the face of a building or erected on a site as a freestanding monument,
when placed by a governmental entity or historical society.
(3)
Any sign erected or required to be erected by any governmental entity
or public utility to give information, directions, or warnings to
the public, regardless of the sign’s location on public or private
property.
(4)
Signs required by law.
(5)
A noncommercial sign that is carried or worn by a person or is a
bumper sticker on a vehicle.
(r)
Noncompliant signs prohibited.
The installation or erection
of a sign within the city limits or ETJ, except in accordance with
the provisions of this article, is a violation of this article. No
owner of real property in the city or its ETJ shall have any sign
located on such property, except in accordance with the provisions
of this article.
(s)
Violations declared nuisance.
Signs installed in violation
of this article are hereby declared a public nuisance.
(t)
Encouraging violation by other person.
It shall be an
offense under this article to encourage another person to violate
specific provisions of this article.
(Ordinance C17-06, sec. III, adopted 6/15/17)
With the exception of multi-unit complexes, the districts described
below are those defined and regulated in the city zoning ordinance.
The following districts described below are created with specific
requirements as specified:
(1)
Residential districts (R-1S, R-1, R-DT, R-2, A-1, R-TH and R-MH).
(A)
Types of signs allowed.
(i)
Each lot in a residential area may post one noncommercial sign, which
can include a banner, which must meet the requirements of this section.
(ii)
One additional noncommercial sign not to exceed six square feet
in size per lot may be located on the owner’s property for a
period of ninety (90) days prior and seventy-two (72) hours after
an election involving candidates for a federal, state, or local office
that represents the area in which the property is located or an election
that involves a measure on the ballot of an election within the area.
No permit is needed for this type of sign.
(iii)
One additional noncommercial sign may be placed on a lot where
the property is being offered for sale or lease while for sale or
lease and up to seventy-two (72) hours after the property is sold
or leased. The sign may not be larger than ten (10) square feet. No
permit is needed for this type of sign.
(iv)
A person having a legal home occupation may display one additional
sign on the face of the building or porch. The sign shall be attached
directly to, and parallel to, the face of the building or porch. It
shall not exceed four (4) square feet in sign area, shall not be illuminated
in any way, and shall project not more than six (6) inches beyond
the building or porch. No permit is required.
(v)
Development signs. Development signs may be temporarily erected until
all homes in a subdivision are sold. Such signs shall not exceed two
hundred (200) square feet in sign area and may be indirectly lighted.
Flashing or moving parts are not permitted. This sign requires a permit.
(B)
Address signs.
An address sign is required for each
residential property or unit within a multifamily complex. The letters,
numbers, and symbols that make up a residential address sign must
be a minimum of three inches (3") in height.
(C)
Consent of property owner required.
No sign may be placed
on a residential lot without the consent of the property owner.
(D)
Encroachment on street or right-of-way.
No sign shall
be installed in, on, or over any street or right-of-way.
(E)
Applicability in ETJ.
Properties in the ETJ that are
appraised as residential and contain single-family residences shall
abide by this subsection.
(2)
Multifamily Residential District (R-3).
(A)
Types of signs allowed.
(i)
On a development lot not located at the intersection of two major
thoroughfares or expressways, one (1) sign per complex may be erected.
(ii)
On corner lots, the major or primary street shall be construed
to be the development lot frontage, and no more than one (1) sign
shall be permitted.
(iii)
On a development lot located at the intersection of two (2)
major thoroughfares or two (2) expressways or a major thoroughfare
and an expressway, a sign shall be permitted for each such thoroughfare
or expressway.
(iv)
Identification sign. There may be one (1) sign no larger than
fifteen (15) square feet in sign area identifying the complex and
placed flush on the wall near the office entrance or, as an alternative,
one (1) hanging sign or one (1) ground sign containing no more than
six (6) square feet in sign area may be erected.
(v)
One additional sign may be placed if the entire property is for sale
or lease or if an individual unit or units are for lease.
a.
Entire property: One additional sign, not exceeding two hundred (200)
square feet in sign area, while the entire property or property is
for sale or lease. A sign posted under this subsection must be removed
within fourteen (14) days following the date of sale or rental of
the property. A sign that meets the requirements of this subsection
does not require a permit.
b.
Individual unit(s): One additional sign may be placed on the property
where an individual unit or units are being offered for sale or lease
while for sale or lease and up to seventy-two (72) hours after the
unit(s) are sold or leased. The sign may not be larger than ten (10)
square feet.
(vi)
Banner signs. Banner(s) may be displayed up to sixty (60) days each year per lot. Square footage of the banner, or banners when square footage of all banners is taken into account, may not exceed sixty (60) square feet. Banners must be securely attached to a permanently installed building or wall and they must be kept in good repair throughout the time of their display. Pipes, poles, posts or other materials may be used to erect banners if the banners and supporting materials are kept in good repair. The responsible party must affix the permit sticker to the back of the banner. A banner sign must obtain a permit and pay a banner fee as required by the fee schedule in appendix A of this code for the number of days for which a banner will be displayed.
(vii)
Individual lessees or owners of units within multifamily housing
may also display any sign allowed in a residential district, so long
as:
(B)
Sign area.
The sign area of a sign listed in subsections
(2)(A)(i) through (iii) of this section may not be larger than six
(6) feet by six (6) feet with a maximum height of twelve (12) feet.
(C)
Sign setbacks.
The setback shall be a minimum of twelve
(12) feet from property lines. Sign placement must comply with any
additional setback that may be prescribed by the building official
when there is a potential safety issue.
(D)
Applicability in ETJ.
Properties in the ETJ that are
appraised as residential and that contain multifamily units, including
a building or portion thereof which is designed, built, rented, leased
or let to be occupied as three (3) or more dwelling units or apartments
or which is occupied as a home or residence of three or more families,
must comply with this subsection.
(3)
Manufactured Home District (R-MH).
(A)
Types of signs allowed.
(i)
One ground sign, wall sign, or projecting sign not more than one
hundred (100) square feet in sign area may be erected on property
of the manufactured home park, and may be indirectly lighted. The
setback shall be a minimum of twelve (12) feet from property lines.
Sign placement must comply with any additional setback that may be
prescribed by the building official when there is a potential safety
issue. This sign requires a permit.
(ii)
One additional sign may be placed if the entire property is
for sale or lease or if an individual unit or units are for lease.
A permit is not required for this sign.
a.
Entire property: One additional sign, not exceeding two hundred (200)
square feet in sign area, while the entire property or property is
for sale or lease. A sign posted under this section must be removed
within fourteen (14) days following the date of sale or rental of
the property. A sign that meets the requirements of this section does
not require a permit.
b.
Individual unit(s): One additional sign may be placed on the property
where an individual unit or units are being offered for sale or lease
while for sale or lease and up to seventy-two (72) hours after the
unit(s) are sold or leased. The sign may not be larger than ten (10)
square feet.
(iii)
Banner signs. Banner(s) may be displayed for up to sixty (60)
days each year. Square footage of the banner, or banners when square
footage of all banners is taken into account, may not exceed sixty
(60) square feet. Banners must be securely attached to a permanently
installed building or wall and they must be kept in good repair throughout
the time of their display. Pipes, poles, posts or other materials
may be used solely to erect banners if the banners and supporting
materials are kept in good repair. The responsible party must affix
the permit sticker to the back of the banner. A banner sign must obtain
a permit and pay a banner fee as required by the city fee schedule
for each day a banner will be displayed.
(iv)
Individual lessees or owners of manufactured homes within a
manufactured home park may also display any sign allowed in a residential
district, so long as:
(B)
Applicability in ETJ.
Properties in the ETJ that are
appraised as residential and that contain a unified development of
manufactured home sites, plots, or stands as arranged on a large tract
under single ownership and designed to accommodate manufactured homes
for a long-term duration must comply with this subsection.
(4)
Professional business district (B-1) and neighborhood, and community
retail business district (B-2).
(A)
Types of signs allowed.
(i)
Wall, canopy, or projecting signs.
Wall, canopy, and
projecting signs may be erected. The total sign area for all signs
shall not exceed sixty-four (64) square feet. Sign area allotment
is computed by adding the sign area of all wall, canopy, and projecting
signs on the lot. Projecting signs shall project no more than two
(2) feet perpendicular from the wall and not more than three (3) feet
vertically above the wall of the building. Each sign under this subsection
requires a sign permit.
(ii)
Monument signs.
One (1) non-attached sign per
lot may be erected. No sign under this subsection shall exceed sixty-four
(64) square feet in sign area and shall not exceed thirty-five (35)
feet in height. The setback shall be a minimum of twelve (12) feet
from property lines. Sign placement must comply with any additional
setback that may be prescribed by the building official when there
is a potential safety issue. A permit is required for this sign.
(iii)
Banner signs.
Banner(s) may be displayed up to one hundred and twenty days (120) days per year on each lot. Square footage of the banner, or banners when square footage of all banners is taken into account, may not exceed sixty (60) square feet. Banners must be securely attached to a permanently installed building or wall and they must be kept in good repair throughout the time of their display. Pipes, poles, posts or other materials may be used solely to erect banners if the banners and supporting materials are kept in good repair. The responsible party must affix the permit sticker to the back of the banner. The banners may display a message that advertises the sale of goods, services, and activities at the location on which the banner is displayed or may display a noncommercial message. A responsible party must obtain a permit and pay a banner fee as required by the fee schedule in appendix A of this code for each day a banner will be displayed.
(iv)
Gasoline pump islands.
For a property that contains
a gasoline pump island, the owner may exhibit one (1) logo sign not
exceeding thirty-two (32) square feet in sign area and one (1) price
sign per gasoline pump island not exceeding forty (40) square feet
in sign area. A sign that meets the requirements of this subsection
does not require permit and does not count against a nonresidential
property’s total signage allotment.
(v)
Noncommercial signs.
b.
One additional noncommercial sign not to exceed six square feet in
size per lot may be located on the owner’s property for a period
of ninety (90) days prior and seventy-two (72) hours after an election
involving candidates for a federal, state, or local office that represents
the area in which the property is located or an election that involves
a measure on the ballot of an election within the area. The sign shall
not have an area greater than thirty-six (36) square feet.
c.
A lot may post one additional sign, not exceeding two hundred (200)
square feet in sign area, while the property, a building, or a portion
of a building is for sale or lease. A sign posted under this subsection
must be removed within fourteen (14) days following the date of sale
or rental of the property. A sign that meets the requirements of this
subsection does not require a permit.
d.
A noncommercial sign shall not be lighted or have any moving elements.
e.
Noncommercial signs may be installed on private property only with
the consent of a property owner and may not be installed in, on or
over any street or right-of-way.
f.
The responsible party is liable for compliance with these provisions.
g.
It is an offense to place a sign, including a noncommercial sign,
on any utility pole or wire, traffic sign, city easement, or city-owned
property unless placed by permission of the city.
h.
Noncommercial signs under this subsection may not advertise the sale
of goods or services available at the property.
(B)
Consent of property owner required; sign permit.
No
sign may be placed without the consent of the property owner or without
a sign permit, when required.
(C)
Sign setbacks.
The setback shall be a minimum of twelve
(12) feet from property lines. Sign placement must comply with any
additional setback that may be prescribed by the building official
when there is a potential safety issue.
(D)
Prohibited advertising.
Any sign under this subsection
shall not advertise the sale of goods, services, or activities that
are not available on the building or property on which the sign is
attached or placed.
(E)
Applicability in ETJ.
Properties in the ETJ that are
appraised as or used as commercial property and that contain a business
or commercial entity that reflects a use allowed in the above zoning
districts regulated by this subsection must comply with this subsection.
(5)
Secondary and highway business district (B-3), general business district
(B-4), light manufacturing district (M-1) and heavy manufacturing
district (M-2).
(A)
Types of signs allowed.
(i)
Wall, canopy, or projecting signs.
Wall, canopy, and
projecting signs may be erected. A maximum area of 50 percent of the
building’s face oriented to each street may be utilized for
a wall, canopy, or projecting sign. A single sign may not exceed 300
feet in area. Sign area allotment is computed by adding the sign area
of all wall, canopy, and projecting signs on the lot. Projecting signs
shall project no more than two (2) feet perpendicular from the wall
and not more than three (3) feet vertically above the wall of the
building. Each sign under this subsection requires a sign permit.
(ii)
Pole signs and monument signs.
One (1) non-attached
sign per lot may be erected. No sign shall exceed two hundred (200)
square feet in sign area and shall not exceed fifty (50) feet in height.
The setback shall be a minimum of fifteen (15) feet from property
lines. Sign placement must comply with any additional setback that
may be prescribed by the building official when there is a potential
safety issue. A permit is required for this sign. A monument sign
under this subsection shall not exceed one hundred (100) square feet
and a height of eight (8) feet.
(iii)
Banner signs.
a.
Banner(s) may be displayed for up to one hundred twenty (120)
days each year per lot. Square footage of the banner, or banners when
square footage of all banners is taken into account, may not exceed
sixty (60) square feet. Banners must be securely attached to a permanently
installed building or wall and they must be kept in good repair throughout
the time of their display. Pipes, poles, posts or other materials
may be used solely to erect banners if the banners and supporting
materials are kept in good repair. The responsible party must affix
the permit sticker to the back of the banner.
b.
The banners may display a message that advertises the sale of goods, services, and activities at the location on which the banner is displayed or may display a noncommercial message. A responsible party must obtain a permit and pay a banner fee as required by the fee schedule in appendix A of this code for each day a banner is displayed.
(iv)
Gasoline pump islands.
For a property that contains
a gasoline pump island, the owner may exhibit one (1) logo sign not
exceeding thirty-two (32) square feet in sign area and one (1) price
sign per gasoline pump island not exceeding forty (40) square feet
in sign area. A sign that meets the requirements of this subsection
does not require permit and does not count against a nonresidential
property’s total signage allotment.
(v)
Noncommercial signs.
b.
One additional noncommercial sign not to exceed six square feet in
size per lot may be located on the owner’s property for a period
of ninety (90) days prior and seventy-two (72) hours after an election
involving candidates for a federal, state, or local office that represents
the area in which the property is located or an election that involves
a measure on the ballot of an election within the area. The sign shall
not have an area greater than thirty-six (36) square feet.
c.
A lot may post one additional sign, not exceeding two hundred (200)
square feet in sign area, while the property, a building, or a portion
of a building is for sale or lease. A sign posted under this subsection
must be removed within fourteen (14) days following the date of sale
or rental of the property. A sign that meets the requirements of this
subsection does not require a permit.
d.
A noncommercial sign shall not be lighted or have any moving elements.
e.
Noncommercial signs may be installed on private property only with
the consent of a property owner and may not be installed in, on or
over any street or right-of-way.
f.
The responsible party is liable for compliance with these provisions.
g.
It is an offense to place a sign, including a noncommercial sign,
on any utility pole or wire, traffic sign, city easement, or placed
on city-owned property unless placed by permission of the city.
h.
Noncommercial signs under this subsection may not advertise the sale
of goods or services available at the property.
(B)
Consent of property owner required; sign permit.
No
sign may be placed without the consent of the property owner or without
a sign permit, when required.
(C)
Sign setbacks.
The setback shall be a minimum of twelve
(12) feet from property lines. Sign placement must comply with any
additional setback that may be prescribed by the building official
when there is a potential safety issue.
(D)
Prohibited advertising.
Any sign under this subsection
shall not advertise the sale of goods, services, or activities that
are not available on the building or property on which the sign is
attached or placed.
(E)
Applicability in ETJ.
Properties in the ETJ that are
appraised as or used as commercial property and that contain a business
or commercial entity that reflects a use allowed in the above zoning
districts regulated by this subsection must comply with this subsection.
(6)
Multi-unit complex in nonresidential district.
In addition
to the signs allowed according to the zoning district, one (1) pole
sign per complex may be erected advertising the total number of office
or commercial tenants. On corner lots, the major or primary street
shall be construed to be the development lot frontage, and no more
than one (1) sign shall be permitted. On a development lot located
at the intersection of two (2) major thoroughfares or two (2) expressways
or a major thoroughfare and an expressway, a sign shall be permitted
for each such thoroughfare or expressway. The sign area of the sign
may not be larger than ten (10) feet by thirty (30) feet, mounted
six (6) feet above the ground, with a maximum height of thirty-six
(36) feet. The name of the complex and the street address with letters
no less than six (6) inches in height will appear at the top of the
copy. There may be one (1) sign no larger than twenty (20) square
feet in sign area identifying the tenant and placed flush on the wall
near the office entrance. As an alternate, one (1) hanging sign or
one (1) ground sign containing no more than six (6) square feet in
sign area may be erected. Sign placement must comply with all setback
regulations and any additional setback that may be prescribed by the
building official when there is a potential safety issue. Properties
in the ETJ that are appraised as or used as commercial property and
that are a multi-unit complex are also required to meet the provisions
of this subsection.
(Ordinance C17-06, sec. V, adopted 6/15/17; Ordinance D20-11 #2 adopted 11/5/20)
(a)
The
following signs shall be prohibited in all districts within the city
and in the extraterritorial jurisdiction (ETJ):
(1)
Billboards. Installation of new billboards is prohibited.
(2)
Electronic signs. Installation of new electronic signs is prohibited.
(3)
Any signs and supports, other than those signs and supports required
by governmental authority, which are located on the public right-of-way,
including on public streets, alleys, and parkways, are prohibited.
This subsection shall not apply to signs on commercial vehicles or
commercial trailers lawfully operated or parked in such areas, except
that this exception shall not otherwise be used to give legitimacy
to the use of advertising vehicles, trailers, and portable signs prohibited
herein.
(4)
Signs with flashing, blinking, or traveling lights.
(5)
Pennants, searchlights, twirling signs, sandwich or A-frame signs,
sidewalk or curb signs, balloons or other gas-filled objects.
(6)
Display of commercial goods or services is classified as a sign,
and is not permitted in any residential district.
(7)
Signs which, by reason of their size, location, movement, content,
coloring, or manner of illumination, may be confused with or construed
as a traffic-control sign, signal or device, or the light of an emergency
or road equipment vehicle, or which hide from view any traffic or
street sign or signal or device.
(8)
Any sign which emits sound, odor or visible matter which serves as
a distraction to persons within the public right-of-way.
(9)
Signs shall not be constructed of scrap materials, paper, or other
such fragile materials which are not weather-resistant. A sign measuring
two (2) feet by two (2) feet or smaller on residential property displayed
less than seventy-two (72) hours is exempt from this requirement.
(10)
The use of fluorescent paint, metallic paint, or similar nonconventional
paint emitting luminosity upon exposure to external radiation or bombardment
by a stream of particles is expressly prohibited.
(11)
Any sign in apparent compliance with this article, but which city
staff deems is by design, construction, or erection hazardous to persons,
will require approval of the city council.
(12)
Sloping roof signs. Sloping roof signs are prohibited.
(13)
Portable signs. Portable signs over ten (10) square feet in size
are prohibited.
(14)
Vehicle signs. Vehicle signs shall be counted towards total allowed
signage for a lot if the vehicle is in public view and: (i) is larger
than thirty-two (32) square feet, (ii) the vehicle has not moved in
fourteen (14) days, (iii) is mechanically inoperable, or (iv) does
not display a current license plate or proof of current inspection.
Vehicle signs are exempt from the prohibition against off-premises
commercial signs when they are used as a means of transportation.
(b)
When
this article conflicts with other ordinances of the city, the later
adopted ordinance controls unless the ordinance is: (i) a master sign
plan, or (ii) an overlay zoning district.
(Ordinance C17-06, sec. VI, adopted 6/15/17)
(a)
Annexed areas.
Where existing signs are in newly annexed
areas, a permit shall be obtained.
(b)
Granting of exception for existing billboards.
Where
existing billboard signs in the city limits or ETJ do not comply with
this article with respect to location, height, size, area of display,
or minimum ground clearance and are not a hazard or nuisance and are
in good condition, an exception may be granted upon filing of an application
for a permit, payment of the annual billboard permit fees, when required,
and passage of an inspection by the building official, or the building
official’s designee.
(c)
Nonconforming billboards under previous ordinance.
Billboards
in existence prior to the enactment of the Ordinance No. 2012-06-07
#9015B shall be exempt from the provisions of that ordinance for a
period of six (6) years and six (6) months after its enactment in
June 2012, only if they are not hazardous to the health and safety
of the public and are not unsightly or offensive to the viewing public.
After six (6) years and six (6) months from the enactment of that
ordinance, all billboards in the city shall conform to the restrictions
and standards of this article.
(d)
Repair or rebuilding of nonconforming sign.
An existing
nonconforming sign in the city limits or ETJ may not be repaired or
rebuilt in the case of obsolescence or total destruction by fire or
other causes. In case of partial destruction by fire or other causes,
where the cost of repairing the sign is less than sixty (60) percent
of the cost of erecting a new sign of the same type at the same location,
the building official, or the building official’s designee,
may issue a “no fee” permit for the necessary repairs
to be made to the sign. If the necessary repairs are not completed
within sixty (60) days of the receipt of written notification to the
responsible party by the building official, or the building official’s
designee, then the sign shall be removed either by the responsible
party or by the city at the responsible party’s expense. Criminal
or civil penalties may also be initiated against the responsible party
as provided for in this article. Under unusual circumstances and/or
where the responsible party has shown “good faith” in
attempting to comply with the provisions of this article, an extension
period of thirty (30) days may be granted to the responsible party
to facilitate repairs. If the cost of rebuilding or repair of an existing
nonconforming sign exceeds sixty percent (60%) of the cost of erecting
a new sign of the same type at the same [location] the sign shall
be removed at the responsible party’s expense. If the sign is
not removed within thirty (30) days of written notification to the
responsible party, then it shall be removed by the city or its designated
agent(s) at the responsible party’s expense. A sign so removed
under the provisions of this section shall be kept in storage for
a period of sixty (60) days, and if it is not claimed within said
period it may be disposed of in a lawful manner by the city.
(e)
Abandoned signs.
All abandoned signs and their support
structures shall be removed within sixty (60) days from the date of
abandonment. All damaged signs shall be repaired or removed within
sixty (60) days. The building official, or the building official’s
designee, shall have the authority to grant a time extension not exceeding
an additional sixty (60) days for an abandoned, non-damaged sign.
(f)
Failure to correct violation; lien for city’s costs.
Should the responsible party or parties after due notice fail
to correct a violation of this section, the building official, or
the building official’s designee, shall cause such signs and
supports to be removed. This official, on behalf of the city, shall
also take necessary action to file against the property a lien in
the amount of the cost such work if such costs are not paid by the
property owner within fifteen (15) days after the property owner is
billed. The building official, or the building official’s designee,
may also pursue criminal and/or civil penalties as provided for under
this article.
(g)
Height limit for billboards; billboards creating traffic hazard.
No existing billboard shall exceed thirty-five feet (35) in
height from the ground level. No existing billboard shall interfere
with the visibility of pedestrians or drivers of motor vehicles at
street intersections, or otherwise obstruct traffic or create a traffic
hazard.
(h)
Sloping roof signs.
Any sloping roof sign that exists
at the time of the enactment of this article shall be nonconforming
and shall not project horizontally or vertically beyond the roof line.
Not more than ten percent (10%) of any sloping roof area shall be
devoted to these signs.
(Ordinance C17-06, sec. VII(A)–(H),
adopted 6/15/17)
The city has an area for use for banner signs on a first-come basis. Banners at this location: (i) shall fit within the borders of the sign structure, (ii) shall be displayed for a maximum of seven (7) days, (iii) may be used by any 501(c) organization, and (iv) shall not be used for the commercial sale of goods or services. Use of this area is subject to a fee as set out in the fee schedule in appendix A of this code. Approval of the use of the sign may be made by the city manager or the city manager’s designee.
(Ordinance C17-06, sec. VII(I),
adopted 6/15/17)
