(a) 
The purpose of this article is to establish reasonable regulations for all exterior signs and sign structures within the incorporated limits of the city and billboard signs within the city’s extraterritorial jurisdiction (ETJ), in order to:
(1) 
Balance the right of individuals to identify businesses and convey messages with the right of the public to be protected against the unrestricted proliferation of signs;
(2) 
Protect the public, health, safety and welfare;
(3) 
Reduce traffic hazards; and
(4) 
Provide for an aesthetically pleasing community.
(b) 
Any sign which was not lawfully existing at the time of adoption of this article shall not become or be made legal solely by adoption of this article. By the passage of this article, no presently illegal sign shall be deemed to have been legalized.
(Ordinance 2002-020, sec. 1.00, adopted 12/10/02)
Except where the context clearly indicates to the contrary, the following words and phrases shall have the indicated meaning when used in this article:
Animated sign.
A sign that contains animated, scrolling or moving images or text.
Apartment or mobile home park identification sign.
A permanent on-premises sign for the identification of an apartment building, housing complex, or mobile home park.
Apartment or mobile home park information sign.
A sign providing direction for access or parking of vehicle(s) or direction to the office or the manager of the project, and may include public safety signs such as fire lane and parking regulations.
Banner.
A temporary sign composed of lightweight, flexible material on which letters, symbols or pictures are painted or printed.
Billboard.
An off-premises sign with a sign area exceeding 400 square feet.
Building frontage.
The length of a building wall which faces a street.
Canopy.
A permanent roof-like shelter extending from part or all of a building or independent of a building, including any rigid material, cloth or fabric supported by a structural frame.
Canopy sign.
A sign that is permanently affixed to a canopy by paint, glue, sewing, or any other type of nonstructural type of attachment.
Central business district.
An area within the city bordered by the following streets: Expressway 83, Wyoming Avenue, Eighth Street and San Antonio Avenue.
Construction sign.
An on-premises sign, which may be erected for a limited time as defined under section 3.05.009(2), identifying any or all of the property owners, engineers, architects, mortgagees or other participants in the construction or improvement of the premises.
Development sign.
An on-premises sign, which may be erected for a limited time as defined under section 3.05.011(6)(F), identifying and promoting one or more developments, projects or buildings proposed or currently under construction.
Dilapidated or deteriorated condition.
Any sign where:
(1) 
The message or wording can no longer be clearly read;
(2) 
The structural support or frame members are visibly bent, broken, dented, or torn;
(3) 
The sign face 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;
(4) 
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
(5) 
The sign or its elements are not in compliance with the requirements of the current electrical code and/or the building code of the city.
Directional sign.
A sign which contains only information designed to direct pedestrian or vehicular traffic to the location of a facility on the property on which the sign is located. Such signs may include, but are not limited to, arrows, words or logos. No goods or services for sale may be listed on a directional sign.
Double-faced sign.
Any two adjacent signs on a single structure or separate structures with both faces oriented in the same direction and not more than 10 feet apart at the nearest point between the two faces. May be referred to as a side-by-side or stacked sign.
Electronic variable message sign.
A sign, display or device that changes its message, copy or image by electronic or mechanical processes, including any sign which permits light to be intermittently turned on and off or changed in color or intensity. Electronic variable message signs shall not include signs erected by the city, county, state or federal government, functioning as a traffic-control device, and included in the Manual on Uniform Traffic-control Devices or signs that display only time and temperature.
Flag.
A sign made of cloth, bunting or similar material, often attached to a pole, with specific colors, patterns, or symbolic devices, used as a national, state or local symbol, or to indicate membership in an organization. The term “flag” shall also include any such display placed for decorative purposes only, with no commercial logo or advertising message.
Freestanding sign.
A sign which is attached to or a part of a completely self-supporting structure such as a frame or one or more poles which is not attached to any building or any other structure and which is permanently affixed to the ground.
Gasoline price sign.
An on-premises sign with changeable copy letters and numbers or an electronic display without movement affixed to a gasoline pump canopy or its supports or a freestanding sign with the intent to display the current price of motor fuels.
General business sign.
An on-premises sign which identifies a business or which advertises or promotes a commodity or service offered on the premises where such sign is located.
Government sign.
A sign indicating public works projects, public services or other programs or activities conducted by any governmental agency.
Ground sign.
Any permanent sign which is affixed to the ground with a maximum height not to exceed 48 inches above adjacent grade.
Incidental sign.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” an address, and other such directives.
Institutional identification sign.
A permanent on-premises sign for the identification of a public or private school, university, church, or hospital or other similar use.
Institutional information sign.
A sign erected on the premises of the institution to provide information as to the programs and services of the institution or to provide direction for access, parking of vehicles or guidance to various elements or units or to provide public safety information.
Logo.
An identifying symbol used for advertising purposes, which may or may not be a registered trademark or service mark of the entity identified.
Menu board.
A sign displaying the menu for drive-up window service.
Monument sign.
A permanent sign with a display surface that is an integral part of the support structure. Any ground sign exceeding four feet in height or any pole sign with less than nine feet of ground clearance shall be considered a monument sign.
Nameplate sign.
An on-premises sign showing only the name and/or address of the occupant.
Noncommercial message sign.
A sign conveying a civic, political, religious, seasonal or personal message, or a regulatory message or warning.
Office identification sign.
An on-premises sign which identifies an office building or any or all of the owners, occupants or tenants of an office building and the services related thereto.
Off-premises sign.
A sign which advertises or directs attention to a business, product, service, or activity which is not usually available on the premises where the sign is located.
On-premises sign.
A sign which advertises or directs attention to a business, product, service or activity which is usually available on the premises where the sign is located.
Pennant.
A temporary sign made of lightweight material which tapers to a point, hung individually or in a series, with or without a logo or an advertising message printed or painted on it.
Pole sign.
A permanent sign with a display surface that is attached to a completely self-supporting structure which has at least nine feet of ground clearance.
Political sign.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
Portable sign.
A temporary sign which is designed to permit removal and reuse, and which includes but is not limited to signs converted to A- or T-frames and signs mounted on a trailer, wheeled carrier, motorized and nonmotorized vehicle, or other portable structure. The term “portable sign” shall specifically include an outdoor advertising display, such as a banner, located in or on a vehicle, except where:
(1) 
Such a sign merely identifies the vehicle as belonging to such business by displaying the name, address and/or telephone number of such business and/or identifies the type of product or service offered by such business;
(2) 
The primary use of such vehicle is for the daily transportation of products or the delivery of services in connection with such business; and
(3) 
Such vehicle is currently licensed and inspected in the state and is in operable condition.
However, if such vehicle remains parked for longer than 48 consecutive hours on the same lot, it shall be deemed a portable sign.
Projecting sign.
A sign which is attached or affixed to a building, wall or structure other than a pole and which extends more than 15 inches from such wall or structure. Such signs must provide a minimum vertical clearance of nine feet.
Reader board.
An on-premises sign announcing events or identifying products and services offered, including cinema signs, which is oriented to a street, the message of which is periodically or continuously changed through manual or electronic means. “Reader board sign” does not include time-temperature devices.
Real estate sign.
A temporary sign pertaining to the sale, rental or lease of the premises, or a portion of the premises, on which the sign is located.
Roof sign.
A sign erected or painted upon or above the roof of a building.
Setback.
The distance measured from a property line to the closest point of the sign or its supporting structure.
Shopping and/or office center.
A group of four or more retail and office establishments which is planned and developed as a business center with common access and parking.
Sign.
Any structure, object, device, display or advertising artwork, situated outdoors or in a window, visible from a public or private street or alley, which is used entirely or in part to advertise, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, logos, fixtures, colors, illumination or projected images.
Sign area.
The entire area within a single continuous perimeter enclosing the actual message or display area of a sign, and shall include the border and trim, but excluding supports.
Sign face.
That portion of the sign that is or can be used to identify, display, advertise, or communicate information, or for a visual representation which attracts or intends to attract the attention of the public for any purpose.
Sign height.
The vertical distance between the highest point of the sign or its supporting structure and the natural grade directly below the sign.
Sign structure.
Any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.
Snipe or bandit sign.
A sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, stakes, fences, or other like objects, the advertising matter of which is not applicable to the present use of the premises on which the sign is located.
Spectacular sign.
Any sign that rotates, oscillates, is animated, contains any moving parts, or contains flashing lights, including lights flashing in sequence to simulate movement. A reader board shall not be considered a spectacular sign.
Sponsor panel.
A portion of a sign displaying the name of a product, service or company offering goods or services on-site or having a promotional relationship for events occurring on the premises.
Streamers.
A temporary display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them.
Street frontage.
The length of the property line of a lot or tract immediately adjacent to a public or private street, measured in feet.
Subdivision identification sign.
An identification sign at the main entrance or entrances to a residential subdivision or planned development project.
Temporary sign.
A sign not permanently affixed to the ground or to a building or other structure.
Time-temperature sign.
An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising.
Visibility clearance areas.
Triangular-shaped areas which are located at the intersection of streets, or streets and alley rights-of-way, and the intersection of streets and driveways.
V-type sign.
A sign structure composed of two signs with the faces oriented in opposite directions and in the general shape of the letter “V,” provided, however, that only one face can be viewed from any one direction from any public street, and with a maximum angle between the faces of 60 degrees.
Wall sign.
A permanent sign which is attached directly to a building surface, including window areas (translucent areas which are visible from a street or alley), that extends not more than 15 inches from the face of the fence or wall.
Window sign.
A temporary sign placed on, affixed to, painted on or located within the frame of a transparent opening in the wall of a building.
(Ordinance 2002-020, sec. 2.00, adopted 12/10/02; Ordinance 08-04-A adopted 5/31/08)
Any person found in violation of this article shall be subject to the penalties and procedures found in chapter 1, article II, section 4.00, in the city development code.
(Ordinance 2002-020, sec. 14.00, adopted 12/10/02)
(a) 
Any person who receives notification of a sign found in violation of this article may appeal the action or decision by requesting in writing, within a ten-day period after the service of notice is given, a hearing to determine whether he or she is in violation of this article may be held if requested by the person [sic]. If a person does request the hearing, it will be held before the planning director within five (5) business days of the date the request for appeal is received, at a time to be determined by the planning director.
(b) 
If the planning director, after considering the evidence, decides that the sign in question is in fact in violation of this article, then the sign shall be removed or brought into compliance within 72 hours from the time the planning director’s decision is rendered. Any further appeal of the planning director’s decision may be made to the board of adjustments. This process shall in no way negate the right of the city to immediately remove any sign creating real and immediate danger to life or property.
(c) 
Any person aggrieved by the action of the planning director in the denial of an application for a sign permit, or a master sign plan, shall have the right to appeal to the board of adjustments. Such appeal shall be taken by filing with the board of adjustments, not later than 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The board of adjustments shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the appellant. The decision and order of the board of adjustments on such appeal shall be final and conclusive.
(d) 
An appeal of a decision by the city’s planning and zoning commission regarding an animated or electronic sign may be taken to the city commission. The request for the city commission to review the decision of the planning and zoning commission shall be filed no later than 30 days after the date of the written notice of the planning and zoning commission of its decision.
(Ordinance 2002-020, sec. 15.00, adopted 12/10/02; Ordinance 08-04-A adopted 5/31/08)
(a) 
The community development department is hereby authorized and directed to administer and enforce all terms and conditions of this article. The community development department is further authorized to render interpretations of this article which are consistent with its spirit and purpose.
(b) 
The provisions of chapter 1 of the International Building Code, 2003 edition, shall apply to this article regarding the administration of this code, including but not limited to right of entry, stop work orders, revocation of permits, issuance of permits, inspections, submittal of drawings and specifications, and appeals.
(Ordinance 2002-020, sec. 16.00, adopted 12/10/02; Ordinance adopting Code)
(a) 
The owner or occupant of any property upon which there is located a sign in violation of this article shall be given written notice by the planning director or duly authorized representative stating the nature of the violation and ordering that the violation be corrected or removed from said property within ten (10) days. Such notice shall be mailed or delivered to the licensee or applicant at his or her last known address at least five (5) days prior to the date set for the hearing.
(b) 
If the owner, lessor, lessee, or the representative of the lessor of the sign fails to correct or remove such sign within ten (10) days of written notification from the planning director or duly authorized representative, the sign may be removed by the planning director or duly authorized representative. Such sign shall be transported to a location to be designated by the community development department for storage at the expense of the sign owner or the person installing, leasing, using, or maintaining it.
(c) 
The custodian of the storage area shall maintain records of where such signs were located when they were so impounded and the date on which they were so impounded and shall hold the same in the storage area for a period of not more than thirty (30) days.
(d) 
Any sign so held may be redeemed by the owner thereof upon the payment of a fee to the city consisting of a total of $50.00 for hauling the same to storage plus $10.00 per day storage fee for each day the sign is stored. Such fee shall be in addition to and not in lieu of any fine imposed upon such owner for violation of this article.
(e) 
Any sign not redeemed within 30 days shall be considered abandoned property and shall become the property of the city. Any such signs shall either be destroyed or transferred to surplus and sold or disposed of in the same manner as surplus property of the city. In calculating the length of the storage period and the storage fee, the first working day after the date of the impoundment shall be considered day number one; thereafter, all days including weekends and holidays shall be counted.
(Ordinance 2002-020, sec. 13.00, adopted 12/10/02)
All signs not expressly permitted under this article or exempt from regulation are prohibited in the city. Such signs include, but are not limited to:
(1) 
Portable signs, banners, streamers, pennants, and other such temporary signs, except as allowed under sections 3.05.015 and 3.05.016.
(2) 
Signs which contain or have attached thereto banners, posters, pennants, ribbons, streamers, balloons, strings of lights, spinners or other similar devices, except as allowed [under] sections 3.05.015 and 3.05.016.
(3) 
Snipe or bandit signs.
(4) 
Signs violating the visibility clearance area restrictions.
(5) 
Off-premises signs in the city limits, except billboards, which shall be regulated in conformance with section 3.05.012.
(6) 
Billboards in the city’s extraterritorial jurisdiction (ETJ).
(7) 
Signs which advertise an activity, business, or service no longer conducted on the premises upon which the sign is located. After a period of three months following cessation of the business, activity, or service on the premises, the sign face shall be obscured.
(8) 
Signs or portions thereof which are located on, or project or extend over, any public right-of-way, any public sidewalk, street, or alley, or other public property, except as outlined below:
(A) 
The sign is located in the central business district;
(B) 
The sign does not extend outward from any building face to the public right-of-way for a distance of more than ten feet or less than 18 inches from the back of the street curb, whichever is more restrictive; and
(C) 
The sign has a minimum clearance of nine feet above the sidewalk grade or ground level.
(9) 
Signs which are placed on a berm or other structure so as to artificially increase the height above the maximum allowed.
(10) 
Signs which make use of any word, phrase, symbol, character, or illumination in such manner as to interfere with, mislead, or otherwise constitute a hazard to pedestrian or vehicular traffic.
(11) 
Signs which resemble official traffic-control signs, signals, or devices, which bear the words “stop,” “go slow,” “caution,” “danger,” “warning,” or similar words.
(12) 
Signs which contain reflectors or glaring, strobe, or rotating lights, beacons, beams or flashing illumination resembling an emergency signal.
(13) 
Signs placed on the side or rear of any building or property when such sign is adjacent to a residential area from which such sign is visible.
(14) 
Any sign or advertising device attached to any motor vehicle or any trailer parked on a public right-of-way, on public property, or on private property so as to be visible from a public right-of-way, the basic purpose of which sign or advertising device is to provide advertisement of a product or to direct people to a business or activity located on the same property or other property or premises. The subsection shall not be construed so as to prohibit typical vehicular signs lettered on a commercial vehicle, or to prohibit a “for sale” sign advertising the vehicle on which the sign is placed.
(15) 
Any stereopticon or motion picture machine used in conjunction with or attached to any sign in such manner as to permit the images projected therefrom to be visible from any public street or sidewalk.
(16) 
Spectacular signs and signs which emit audible sound, odor, or visible matter.
(17) 
Off-premises electronic variable message signs and off-premises animated signs.
(18) 
On-premises electronic variable message signs and on-premises animated signs in any residential district, including R-1 (single-family residential district), R-MF (multi-family residential district), R-MH (manufactured home district), and any newly created residential district.
(Ordinance 2002-020, sec. 3.00, adopted 12/10/02; Ordinance 08-04-A adopted 5/31/08)
(a) 
Permit.
A sign permit issued by the city community development department shall be required prior to the erection, installation, repair, alteration or relocation of a sign except for routine maintenance and according to section 3.05.009(1). Acceptance of the permit shall require compliance by the applicant with all applicable regulations of the International Building Code, as well as the regulations set forth in this article.
(b) 
Sign contractor’s bond.
In addition to the sign permit requirements, a surety bond in the sum of $1,000.00 shall be filed with the city community development department and made conditional for the erection and/or painting of signs in accordance with the ordinances of the city and the laws of the state. Such bond shall provide for the indemnification of the city and for any and all damages or liabilities that may occur to or against the city by reason of the erection/painting, maintenance, demolition, repair, removal, defects in or collapse of any sign erected by or under the direction of any such person. Such bond shall further provide for the indemnification of any person who shall, while upon public property of the city, incur damages for which the person erecting such signs is legally liable by reason of the erection/painting, maintenance, demolition, repair, removal, defects in or collapse of any such sign. On December 31 of each year all sign bonds, except continuous bonds, shall expire. A certificate of continuation for continuous bonds shall be provided on or before December 31 of each year.
(c) 
License requirements.
All sign contractors shall meet the licensing requirements as set out by the state department of licensing and regulation in chapter 73 of the Texas Administrative Code. A copy of the electrical sign company’s state license and all other applicable licenses shall be kept on file at the city community development department.
(Ordinance 2002-020, sec. 4.00, adopted 12/10/02; Ordinance 04-026, sec. 1, adopted 1/11/05)
The following signs are exempt from the permit requirement; however, such signs shall be located on private property and shall comply with all other requirements of this article:
(1) 
Copy change and sign face replacement, when no increase in sign area or height is made, for signs otherwise allowed under this article.
(2) 
Construction sign when placed upon the construction site following the issuance of a building permit. Only one such sign shall be allowed per street frontage and each sign shall not exceed 64 square feet in area. Such sign must be removed not later than 30 days after a certificate of occupancy is issued by the community development department.
(3) 
Contractor signs identifying the contractor or subcontractor performing work on the premises where the sign is displayed. Such signs may not exceed a total of 6 square feet in area and must be removed from the premises when the work is completed.
(4) 
Flags of the United States, the state, or any other political subdivision, any flag or banner of a bona fide religious, fraternal or charitable organization, and flags of corporations, subdivisions, or community associations or organizations.
(5) 
Gasoline price signs.
(6) 
Incidental signs, provided that such signs shall not exceed 4 square feet and shall comply with all other requirements of this article.
(7) 
Noncommercial message signs, provided that such signs shall not exceed a total of 64 square feet in area per lot and no single sign shall exceed 32 square feet in area per face and shall not exceed five feet in height to the top from the surrounding finished grade.
(8) 
On-site directional signs and street identification signs not exceeding 4 square feet which denote the entrance, exit, and direction of traffic flow, provided that such directional signs do not contain advertising and are not used as such.
(9) 
Political advertising signs, but only if such signs conform to section 3.05.014.
(10) 
Professional nameplates and occupational signs, when attached to the building face and which denote only the name and occupation of an occupant in a commercial building or public institutional building and not exceeding four square feet per sign area.
(11) 
Real estate signs which advertise the sale, rental or lease of the premises on which such signs are located, provided that the dimension does not exceed:
(A) 
Ten square feet in area if located in a residential district; or
(B) 
32 square feet if located in a nonresidential district.
(12) 
Signs on public fences or other locations in public parks and playfields as approved by the city.
(13) 
Signs prepared by or for the local, state or federal government marking sites or buildings of historical significance.
(14) 
Temporary signs advertising garage sales, provided that such signs shall be removed within one day following the sale and shall not be placed on public property, right-of-way or utility poles.
(15) 
Traffic or street signs, legal notices, public utilities, railroad crossing signs, danger, and such emergency, temporary or non-advertising signs as approved by the city may be located in the public right-of-way.
(16) 
Window signs of a temporary nature only.
(17) 
Works of art that do not include a commercial message.
(Ordinance 2002-020, sec. 5.00, adopted 12/10/02)
(a) 
Purpose.
The purpose of a master sign plan is to allow a property owner or developer, subject to approval of the city, the option of designating an area that will allow flexibility in sign location due to peculiarities in the location or configuration of parcels of real property, such as parcels with no street frontage, or multiple parcels organized into combined uses, or to allow creative sign management in exchange for a cumulative reduction in sign area, sign height or the total number of signs.
(b) 
Qualifications.
To qualify for a master sign plan, an area must:
(1) 
Include one lot or parcel or two or more contiguous lots or parcels that are not included in any other master sign plan.
(2) 
The owners, or the authorized representatives of the owners, of all lots within the proposed master sign plan area must sign the application for a master sign plan.
(c) 
Required submittals.
In order to obtain a master sign plan, the owner(s) of the property located within the proposed master sign plan area must sign and submit an application to the city’s planning department, on a form provided by the planning department, in which the application must be accompanied by the following:
(1) 
A site plan showing the proposed boundaries of the master sign plan area.
(2) 
A site plan showing the location of all existing or proposed freestanding signs.
(3) 
A table showing the type, square footage and heights of each sign indicated on the site plan.
(4) 
The application fee established by the city for the processing of such applications.
Upon completion of the application, the community development department shall approve or disapprove the application.
(d) 
When effective.
A master sign plan shall not become effective until all owners of the property within the master sign plan area have signed an agreement which indicates the property owners’ agreement that:
(1) 
The master sign plan can be amended only by the written consent of all parties or their successors, and the city.
(2) 
The agreement is binding on all successors in interest to the property within the master sign plan area.
(3) 
Each party waives any right to apply for or install any sign inconsistent with the provisions of the master sign plan, even though such sign might otherwise be allowed under this article.
(e) 
Signs deemed on-premises signs.
Once approved, the area described in the master sign plan will be deemed to be a single premises for the purpose of determining whether a sign is an on-premises sign. A sign which advertises a use on a lot within the master sign plan area which is not a use which occurs on that lot shall be termed a master sign plan (MSP) sign. The use advertised on an MSP sign shall be defined as an MSP use.
(f) 
City review of individual signs.
All freestanding signs included within a master sign plan area shall be individually subject to review and approval of placement, size and height, as approved by the city.
(Ordinance 2002-020, sec. 6.00, adopted 12/10/02)
In addition to all permit requirements and other regulations contained in this article, the following regulations shall be applicable to all permanent signs:
(1) 
Illumination.
Light from any source intended to illuminate a sign shall be shaded, shielded, or directed in such a way so that the light intensity or brightness shall not adversely affect the vision of pedestrians or vehicle operators on public or private streets, driveways, or parking areas, and shall not adversely affect any of the surrounding premises. Illumination from any sign shall not interfere with the effectiveness of any official traffic sign, signal or device.
(2) 
Maintenance; removal of unsafe signs.
(A) 
All signs must be maintained in a safe, readable condition. Signs which are determined by the building official to be in a dilapidated, deteriorated, or otherwise unsafe condition shall not be allowed to remain on any premises.
(B) 
For any sign so designated as dilapidated, deteriorated, or otherwise unsafe, written notice shall be given to remove the sign or bring the sign into compliance with this article, as follows: Any written notice to alter or to remove a sign shall be given by the community development department by certified mail, return receipt requested, or written notice served personally upon the owner, lessee, or person responsible for the sign, or the owner’s agent.
(C) 
If such order is not complied with within 10 days after the written notice is sent, the building official may initiate proceedings to revoke the permit and remove the sign at the expense of the owner, lessee, or person responsible for such sign.
(3) 
Foundation.
(A) 
All freestanding pole signs shall conform to the foundation requirements as required by the community development department.
(B) 
All monument signs which exceed ten feet in height shall have the foundation plan prepared by a professional engineer.
(4) 
Calculation of sign area.
(A) 
Back-to-back signs.
Only one side of a back-to-back sign is measured in calculating sign area.
(B) 
V-type signs.
Only the largest face of a V-type sign shall be measured in determining the total sign area of the sign. If a two-face sign is erected in a “V” shape, both faces of which can be seen from the same public street, or are at an angle of greater than 60 degrees to each other, then such sign is not a V-type sign, and shall be considered two separate signs for all purposes under this article.
(5) 
Setbacks.
(A) 
Ground and pole signs.
Except as regulated elsewhere in this article, there shall be no minimum setback from property lines for a ground or pole sign, provided that no portion of a sign face shall overhang into the public right-of-way.
(B) 
Monument signs.
All monument signs must be installed or constructed with a minimum ten-foot setback from the property line.
(6) 
Standards for specific types of signs.
(A) 
Institutional identification and institutional information signs.
(i) 
No more than one freestanding identification sign or institutional information sign may be installed on each street frontage.
(ii) 
The maximum sign area of all institutional identification or institutional information signs located on any premises shall collectively not exceed 240 square feet.
(B) 
Apartment and mobile home park identification signs.
(i) 
No more than one freestanding apartment identification sign or mobile home park identification sign shall be placed or installed on each street frontage of the premises.
(ii) 
The maximum sign area of each apartment identification sign or mobile home park identification sign shall be 64 square feet.
(C) 
Subdivision identification signs.
(i) 
No more than one freestanding identification sign may be installed at each main entrance to a residential subdivision.
(ii) 
The maximum sign area of each identification sign shall not exceed 200 square feet.
(iii) 
Such signs may be externally illuminated in accordance with subsection (1) of this section and shall make no reference to the sale or lease of the lots or houses located within said subdivision.
(D) 
General business/office signs.
(i) 
Maximum height.
Except as permitted in subsections (6)(D)(vii) and (viii) of this section, no portion of any freestanding general business or shopping center/office center sign shall exceed a height of 30 feet above adjacent grade.
(ii) 
Maximum sign area.
Except as regulated under subsection (6)(D)(vi) of this section, the sum of the area of all wall and freestanding signs shall not exceed the maximum area allowed on a single lot or tract, as set forth herein. Wall signs shall include canopy, projecting, or roof signs and, except as prohibited under section 3.05.007(14), shall not exceed the greater of 50 square feet or 15 percent of the area of the wall to which such signs are affixed.
(iii) 
One single-tenant business on lot.
When only one single-tenant business is located on a single lot or tract:
a. 
On property with a single street frontage of less than 150 feet in length, the cumulative area of all signs shall not exceed the number of square feet equal to 1-1/2 times the length of street frontage of said lot or tract;
b. 
On property with a single street frontage of 150 feet or more in length, the cumulative area of all signs shall not exceed 300 square feet;
c. 
On property with multiple street frontages, the length of each street frontage shall be used to calculate total sign area according to subsection a. or b. above, provided that the cumulative area of all signs shall not exceed 400 square feet.
(iv) 
Two or three single-tenant businesses on lot.
When more than one but not more than three single-tenant businesses are located on a single lot or tract, the cumulative area of all signs that each owner, renter, or lessee may install shall not exceed the number of square feet equal to 1-1/2 times the length of the building frontage in which the business is located.
(v) 
One multi-tenant building on lot.
When only one multiple-tenant office building is located on a single lot or tract:
a. 
On property with less than 150 feet of street frontage, the cumulative area of all signs shall not exceed the number of square feet equal to 1-1/2 times the length of the street frontage;
b. 
On property with 150 feet or more of street frontage, the cumulative area of all signs shall not exceed 400 square feet.
(vi) 
Shopping center/office center development.
In a shopping center and/or office center development (a group of four or more businesses with common access and parking), only freestanding signs shall be calculated against the total sign area allowed on the property. The property owner or user of the property may install no more than one freestanding sign on each street frontage of which the sign area may not exceed the number of square feet equal to 2 times the length of the street frontage of said property, but in no case shall the total sign area of all freestanding signs on said property exceed 400 square feet.
(vii) 
Expressway 83 frontage.
In addition to applicable standards listed above, any lot or tract which has frontage within 800 feet of Expressway 83 may have one on-premises freestanding sign which exceeds the 30-foot height specified in subsection (6)(D)(i) of this section, subject to the following regulations:
a. 
The height of such sign shall not exceed 60 feet.
b. 
No portion of the sign or support shall be closer than 75 feet from the boundary of a property zoned MF-2, multifamily dwelling district, or more restrictive.
c. 
All signs must be placed and comply with state and federal regulations, even if more restrictive than the foregoing regulations.
(viii) 
Motor vehicle and heavy equipment dealerships.
Car, truck, and motorcycle dealerships, boat dealerships, recreational vehicle dealerships, mobile home dealerships, or construction equipment dealerships located on an individual lot or combined lots or parcels may install one freestanding sign for each 100 linear feet of street frontage. The sign area for each sign installed pursuant to this subsection shall not exceed 300 square feet. In no case shall the sign area of all such freestanding signs installed by a single dealership collectively total more than 750 square feet.
(E) 
Planned districts.
Any property located within a planned district, or governed by a specific use permit, may be subject to additional regulations beyond those in this section. Said regulations may be either more or less restrictive than those set out herein.
(F) 
Development signs.
Development signs shall be allowed in all zoning districts provided that:
(i) 
Only one such sign shall be allowed per street frontage and each sign shall not exceed 130 square feet;
(ii) 
Such signs may be placed no earlier than 90 days prior to construction; and
(iii) 
All such signs must be removed within 30 days upon the receipt of a certificate of occupancy for the project or upon the completion of 90 percent of the project.
(G) 
Signs not counted against total sign area.
The following signs shall be allowed in nonresidential zoning districts only and shall require a permit but shall not be used in computing total allowable sign area:
(i) 
Time and temperature signs without advertising matter.
(ii) 
Freestanding menu boards for drive-through service, provided that the sign structures shall observe the same setbacks required for buildings or other structures in the district in which they are located, the sign area does not exceed 32 square feet, and the sign does not exceed six feet in height.
(H) 
Animated signs and electronic variable message signs.
(i) 
Animated signs and electronic variable message signs shall obtain the approval of the planning and zoning commission and, if applicable, the city’s historic preservation commission. The proposed location, size, and number of electronic variable message and animated signs that are proposed and any potential adverse impact on land uses in the vicinity of the proposed sign or signs, including especially residential neighborhoods, uses or districts, schools, parks, and churches, any potential adverse impact on traffic safety, and any other issues that in its reasonable judgment is related to public health, safety and general welfare of the residents, property owners, business owners and visitors to the city shall be examined by the planning and zoning commission.
(ii) 
Electronic variable message signs shall not present a new message or image more frequently than every eight seconds.
(Ordinance 2002-020, sec. 7.00, adopted 12/10/02; Ordinance 04-026, sec. 2, adopted 1/11/05; Ordinance 08-04-A adopted 5/31/08)
(a) 
Generally.
Billboards are hereafter prohibited from any area of the city except Expressway 83. All such signs must be placed in conformity with state and federal regulations, even if such are more restrictive than the following regulations. In addition, any land which is in the city’s ETJ as of the effective date of this article and henceforth is subsequently annexed by the city shall remain subject to the billboard prohibition under this article regardless of any zoning classification established for said land. Any billboard which was legally in existence on any property prior to annexation of said property into the city limits or prior to the expansion of the city’s ETJ shall become nonconforming and shall be subject to section 3.05.013.
(b) 
Minimum separation.
No proposed billboard location may be approved if said location is:
(1) 
Within 1,500 feet of an existing billboard sign on the same side of the expressway; or
(2) 
Within 1,500 feet of property zoned with a specific use permit with term for location of a billboard on the same side of the expressway.
(c) 
Maximum height.
Billboards located on property fronting on Expressway 83 may not exceed 42 feet in height.
(d) 
Setback and side yard requirements.
A billboard must be installed in such a manner as to comply with the same side yard and setbacks required for buildings or other structures in the zoning district in which it is located, provided that no portion of the billboard and its support shall be closer than 75 feet from the boundary of a property zoned R-MF, multifamily residential district, or more restrictive.
(e) 
Limit on sign faces.
A billboard may not consist of more than two sign faces (double-faced).
(f) 
Maximum sign area.
The total area of the sign faces of a billboard collectively shall not exceed 676 square feet.
(g) 
Nonconforming billboards.
Any legally existing billboard which does not comply with these restrictions shall become a nonconforming use and shall be regulated in conformance with section 3.05.013.
(Ordinance 2002-020, sec. 8.00, adopted 12/10/02; Ordinance 04-026, sec. 3, adopted 1/11/05)
(a) 
Definition.
A legal nonconforming sign is any sign which was lawfully placed or erected prior to the effective date of this article governing signs in the city or in the city’s extraterritorial jurisdiction, but which is no longer in compliance with such regulations due to either a change in such regulations or a change in the city’s boundaries.
(b) 
Loss of legal nonconforming status.
A legal nonconforming sign shall immediately lose its legal nonconforming designation and must be brought into compliance with these regulations, or be removed, if:
(1) 
The sign structure is replaced; this shall not prevent the replacement of the face(s) to accommodate a new business, express a different message, or upgrade conditions and appearance of the sign;
(2) 
The sign is relocated;
(3) 
The sign is part of an establishment that discontinues its operation for a period of 1 year or longer; or
(4) 
The sign is damaged or structurally altered to an extent greater than 50 percent of the current estimated replacement value.
(Ordinance 2002-020, sec. 9.00, adopted 12/10/02)
(a) 
Political signs may be placed, erected and maintained on private real property within the city with the consent of the property owner provided that:
(1) 
The sign does not have an effective area greater than 36 feet;
(2) 
The sign is not more than eight feet high;
(3) 
The sign is not illuminated; or
(4) 
The sign has no moving elements.
(b) 
Political signs that meet the requirements referenced under subsection (a) of this section shall not be placed, erected or maintained within a right-of-way, easement or other encumbrance dedicated to the city for use of the property for a public purpose.
(c) 
All political signs that do not meet the requirements referenced in this section under subsection (a) must be located in a C-2, commercial district or less restrictive zoning district and must conform to the city’s sign regulations under this article and applicable to signs in those districts.
(Ordinance 2021-07, sec. I, adopted 2/9/21)
(a) 
Applicability.
The following regulations shall be applicable to all temporary signs, as defined herein, except as follows:
(1) 
Political signs or displays erected in accordance with section 3.05.014.
(2) 
Non-illuminated real estate signs, as specified in section 3.05.009(11).
(b) 
Permit required.
It shall be unlawful for any person to place or locate any temporary sign on any property within the city, or allow the placement or location of any temporary sign on premises within the city owned or controlled by such person, unless a permit for such temporary sign and such location has first been obtained from the city community development department in accordance with all regulations, including the following:
(1) 
One temporary sign permit is required for the placement of a temporary sign on a lot or tract within the city for a promotional period not to exceed:
(A) 
One 60-day period;
(B) 
Two 30-day periods; or
(C) 
Four 15-day periods;
each calendar year per legal business; provided that under options (B) and (C) no permit shall be issued for the placement or location of any temporary sign for any tract of land within the city stated in a previously issued permit until a period of 30 days has elapsed since the term of duration of the previous permit has expired.
(2) 
In the case of a special promotion for a grand opening celebration, one additional seven-day period shall be allowed provided the promotion commences within the first two months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy.
(3) 
A temporary sign may be one of the following: a portable sign, a banner, an inflatable sign, pennants, streamers, balloons, or any legal on-premises sign allowed by this article.
(4) 
A legal business shall include apartment complexes and any commercial, industrial, or institutional use for which the building official has issued a certificate of occupancy.
(5) 
When more than one legal business exists on the same lot or tract, one such business may place one permitted temporary sign on said lot or tract, provided a period of 30 days has elapsed since a previously permitted temporary sign was removed.
(6) 
A temporary sign which exceeds 30 square feet in area shall not be permitted for any location within 150 feet of a legally existing temporary sign.
(7) 
A permit fee of $30.00 shall be charged to each business upon application for a temporary sign permit.
(8) 
A separate temporary sign permit is required for each promotional period used. A fee of $30.00 shall be required.
(9) 
If a temporary sign is installed prior to issuance of a permit, an investigation fee of $50.00 will be assessed in addition to the permit fee.
(10) 
A temporary sign remaining on display for a period of time in excess of that stated in the permit shall be considered in violation of this article and shall be subject to sections 3.05.003 and 3.05.006.
(c) 
Standards.
In addition to all other applicable regulations, temporary signs must conform to the following restrictions:
(1) 
A temporary sign may be used for on-premises advertising only.
(2) 
The sign area of a temporary sign shall not exceed 35 square feet.
(3) 
A temporary sign shall be contained on the property of the legal business and shall not extend into the city right-of-way or be located in any visibility clearance area. In no event shall such sign be erected or placed less than ten feet from the back of the curb.
(4) 
Banners must be attached to the face of the building used by the business or organization to which the banner relates.
(5) 
Portable signs shall be secured to the ground at a minimum of four separate points by metal pins. Such metal pins must penetrate the ground by a distance of not less than ten inches.
(6) 
Any temporary sign which exceeds 30 square feet in area shall have permanently affixed thereto the name and phone number of the owner of such sign.
(7) 
Temporary signs may be lighted with white light or lights only, and such light or lights shall not be of a flashing, intermittent, moving or similarly lighted type.
(8) 
Notwithstanding any provisions to the contrary contained within this code, all electrical connections to temporary signs shall be three-prong (grounded) type using grounded, all-weatherproof outlets. Electrical cords must be all-weatherproof type and may not exceed ten feet in length unless they are then run in conduit. In addition, such cords must be so positioned as to not impact vehicular traffic.
(Ordinance 2002-020, sec. 11.00, adopted 12/10/02)
(a) 
Upon request, and subject to approval, the planning director may authorize a permit for the display of any temporary sign, or any legal sign allowed by this article, to give notice of or direct the public to a special event of civic interest, including but not limited to parades, organized community holiday festivities, and special events organized by charitable and/or nonprofit organizations. In acting upon such request, the planning director shall consider, among other things, the limitations on size, proposed location(s), materials, and construction of such special event signs.
(b) 
If authorized, such signs shall be erected for a period of time no more than 30 days preceding the date of the event and shall be removed within three days after the event.
(c) 
Such signs may be located or placed on or over private property only with the permission of the owner of the property and may be located or placed on or over public property, including streets, only if authorized by the community development department.
APPENDIX 1. SIGN STANDARDS TABLE
Sign Type
Permitted District
Permit Req’d
Number of Signs
Max. Area
Max. Height
Setback
Other Req’s
Time Limitation
Off-premises
Billboard
Expressway 83
 
Min. 1000 ft. apart on same side street
676 sq. ft. combined faces
42 ft.
See section 3.05.012(c)
See section 3.05.012
Term renew every 2 yrs.
Temporary
*One temporary sign is allowed per business. See section 3.05.015.
Banner
R-MF, C-1, C-2, C-3, I-1, I-2
Yes
1 per lot or tract
35 sq. ft.
 
See section 3.05.015
 
*
Streamers, or pennants, or balloons
R-MF, C-1, C-2, C-3, I-1, I-2
Yes
1 type per lot
N/A
 
”
 
*
Inflatable
R-MF, C-1, C-2, C-3, I-1, I-2
Yes
1 per lot or tract
35 sq. ft.
 
”
 
*
Portable
R-MF, C-1, C-2, C-3, I-1, I-2
Yes
1 per lot or tract
35 sq. ft.
 
See section 3.05.015
 
*
Permanent
Apt. and mobile home park identification
Wherever such use is allowed
Yes
1 per street frontage
64 sq. ft.
 
See section 3.05.011(5)
See section 3.05.011 (1), (6)
 
Institutional identification
Wherever such use is allowed
Yes
1 per street frontage
See section 3.05.011(6)
 
”
”
 
Subdivision identification
Wherever such use is allowed
Yes
1 per main entrance to res. subdivision
200 sq. ft.
 
”
”
 
Wall (including canopy, roof, or projecting)
 
Yes
Calculate with sum total allowed per business sign
Greater of 50 sq. ft. or 15% of the wall area
 
 
See section 3.05.007(14)
 
General Business
Single-tenant
 
Yes
See section 3.05.011 (6)(D)
See section 3.05.011 (6)(D)
30 feet
See section 3.05.011(5)
See section 3.05.011 (1), (4)
 
Multi-tenant
 
Yes
 
 
30 feet
”
”
 
Shopping/office center
 
Yes
 
 
30 feet
”
”
 
Business with Expressway 83 frontage
 
Yes
Refer to applicable type of business, above
Refer to applicable type of business, above
40 feet
See section 3.05.011(6)(D)(vii)
”
 
Motor vehicle and heavy equipment dealerships
 
Yes
1 per 100 linear ft. of street frontage
300 sq. ft. each and 750 sq. ft. collectively
 
See section 3.05.011(6)(D)(viii)
”
 
Development
Permitted in all districts
Yes
1 per street frontage
130 sq. ft.
 
 
”
Erect within 90 days of construction; remove within 30 days of issue CO or 90% of project
Exempt
Construction
Permitted in all districts
No
1 per street frontage
64 sq. ft.
 
 
 
Remove within 30 days of issue cert. of occupancy
Contractor
Permitted in all districts
No
 
6 sq. ft.
 
 
 
Remove when work is completed
Flags (with no commercial msg.)
Permitted in all districts
 
 
 
 
 
 
 
Incidental
 
No
 
4 sq. ft.
 
 
 
 
Noncommercial
Permitted in all districts
No
 
32 sq. ft. each; 64 sq. ft. per lot
5 feet
 
 
 
On-site directional/street identification
 
No
 
4 sq. ft.
 
 
 
 
Political advertising
Permitted in all districts
No
See section 3.05.014
 
 
 
 
See section 3.05.014
Professional nameplates/ occupational
 
No
 
4 sq. ft.
 
 
 
 
Real estate
Residential
No
 
10 sq. ft.
 
 
 
Remove when sale is complete
 
Nonresidential
No
 
32 sq. ft.
 
 
 
Remove when sale is complete
(Ordinance 2002-020, sec. 12.00, adopted 12/10/02; Ordinance 2002-020, app. 1, adopted 12/10/02)
(a) 
It shall be unlawful for any person to place or cause to be placed on public property any sign not expressly authorized by the public entity controlling said property.
(b) 
No political candidate signs or political issue signs shall be placed on public property owned and/or controlled by the city except as follows:
(1) 
No more than twenty-five (25) stand alone or staked political candidate and/or political issue signs of not more than 3 square feet each and one (1) 4 feet (height) by 8 feet (width) stand alone or staked political candidate and/or political issue sign may be placed or erected in the areas designated for the placement of such signs on public property near the entrance to polling places designated for voting in the election for which the signs are placed; provided that such signs are not placed or erected on the driveways, parking areas, on medians within parking areas, or driveways on the premises of a polling place. This provision does not apply to signs that are lawfully attached to vehicles that are lawfully parked at the premises of a polling place.
(2) 
For the purposes of calculating the number of stand alone or stakes signs as provided in subsection (b)(1) of this section, each sign that is in favor of a political candidate or issue will count as one sign for that political candidate or issue. For example, if one (1) 4 feet (height) by 8 feet (width) stand alone sign is in favor of more than one (1) political candidate, such sign will count as one (1) 4 feet (height) by 8 feet (width) stand alone for each political candidate, thereby meeting the limit of the (1) 4 feet (height) by 8 feet (width) sign.
(3) 
The allowable signs under subsection (1) above shall not be placed or erected more than twenty-four (24) inches above the ground.
(4) 
Signs placed pursuant to this section shall not be placed or erected before the day before such voting is to occur and shall be removed not later than the second day after the voting on such election or referendum occurs.
(5) 
Signs placed pursuant to this subsection shall not be placed in rights-of-way or easements dedicated for public use and must otherwise comply with the applicable state and federal laws.
(Ordinance 2021-07, sec. II, adopted 2/9/21)