(a) 
The terms and conditions of this article shall apply to all signs located within the town, pursuant to chapter 216 of the Texas Local Government Code, as amended, and shall also include the extraterritorial jurisdiction (ETJ) of the town as provided for by the Municipal Annexation Act (chapter 42, Texas Local Government Code). The building official shall be responsible for interpreting and administering this Article. Allegations of errors in orders, decisions, and/or determinations by the building official in the administration of this article shall be handled in accordance with section 3.04.017 of this article.
(b) 
Signs located on property owned by the town, an independent school district or any other governmental agency are not required to meet the requirements of this Ordinance. However, signs located on property owned by the town shall be permitted only upon approval of the town administrator.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.401; Ordinance 677-19 adopted 11/19/19)
Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings.
Building.
A structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animals or chattel.
Building official.
The person defined as the building official in section 3.02.005 of the town code, as amended.
Effective area, attached sign.
The sum of the areas of the minimum imaginary rectangles of vertical and horizontal lines enclosing each word attached to any particular facade. Effective area shall also be referred to as size. If a design, outline, illustration, or interior illumination surrounds or attracts attention to a word, then it is included in the calculation of effective area.
Effective area, detached (monument) sign.
The area within an imaginary rectangle of horizontal and vertical lines that fully contains all extremities of the sign location above the ground, including the sign base. The measurement is to be calculated from a viewpoint which gives the largest rectangle of that kind. The effective area shall also be referred to as size. If elements of the sign are movable or flexible, such as a flag or string of lights, the measurement is taken when the elements are fully extended and parallel to the plane of view.
Facade.
Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building that encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as a part of a single facade.
Flag.
A piece of fabric attached to a staff or cord on one (1) end and generally used as a symbol of a nation, state, political subdivision, or organization.
Front facade.
One of the following:
(1) 
The facade (as defined herein) which faces the public street, where the lot on which the facade is located adjoins only one public street right-of-way;
(2) 
The combination of facades (as defined herein), each of which faces a public street, where the lot on which the facades are located adjoins more than one public street right-of-way; or
(3) 
The facades (as defined herein) that contain one or more doors open to the public during conduct of business, where no facade faces a public street.
Frontage.
The total width of the front facade, as defined herein.
Public right-of-way.
A dedicated road or street, including the easement for that road or street.
Religious institution.
Any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
Residential district.
A zoning district where the primary purpose is residential use.
Sign.
Any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, wind device or other thing visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises.
Sign, attached.
Any sign attached to, applied on, or supported by any part of a building (such as a wall, window, awning, arcade, or marquee) which encloses or covers usable space, with the exception of any window sign as defined herein.
Sign, banner.
Any pole-mounted flag, banner, or material of cloth, vinyl, plastic, canvas, leather or other similar material used for the express purpose of attracting attention to a place of business or location. National, state or municipal flags, or the official flag of any institution, shall not be considered banners.
Sign, can.
A sign constructed of a frame, usually steel, surrounded by sheet goods, usually sheet metal and/or plastic, within which light fixtures may be placed.
Sign, center identification monument.
A freestanding permanent sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base, independent of the principle building or structure, and generally used to identify the name of multiple nonresidential tenants.
Sign, changeable message.
A permanent sign or portion of a permanent sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically. A term “changeable electronic message/reader board sign” does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard.
Sign, detached.
Any sign connected to the ground that is not an attached, portable or vehicle sign.
Sign, development.
Any temporary sign intended for display for a limited period of time and is designated with a timeframe as referenced in this Ordinance.
Sign, government/regulatory.
Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public utility and service companies indicating danger or construction, which are erected by or upon the order of a public officer, employee or agent thereof, in the discharge of official duties.
Sign, incidental.
A sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance.
Sign, inflatable.
A temporary sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air.
Sign, interior.
An interior sign is a permanent sign located within the building and visible to the outside of the building through the windows.
Sign, monument.
Any detached sign which is of monolithic or semi-monolithic construction, being made from masonry, concrete materials, wood or plastic, provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade.
Sign, off-premises.
A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
Sign, off-premises, temporary.
A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located for a period of thirty (30) days or less.
Sign, on-premises.
A sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity.
Sign, pole.
Any detached sign which is not a monument sign.
Sign, political.
A temporary sign announcing or supporting political candidates or issues in connection with a national, state, or local election.
Sign, portable.
A sign that is not securely connected to the ground in such a way that it can easily be moved from one location to another, and that is not an attached sign, a vehicular sign, or a sign that refers solely to the sale or lease of the premises.
Sign, ranch entry.
A sign located on a residential lot of at least 2 acres containing a single-family property used to identify the ranch.
Sign, residential yard.
An on-site temporary residential sign used to publicize or announce information at the discretion of the homeowner or tenant of the property such as, but not limited to, home improvement signs, residential real estate signs, or school affiliation signs.
Sign, subdivision entry.
A sign mounted to a screening wall or engraved into a masonry facade used to identify a residential development.
Sign support.
Any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.
Sign, vehicular.
Any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs that are being transported to a site of permanent erection.
Sign, window.
Any sign not government mandated, which is attached to or painted, etched, or formed into the internal and/or external surface of a window or door, or suspended directly behind a window or other translucent opening of a facade.
Temporary light display.
A temporary display of no longer than 60 days, consisting of lights attached to the facade or any portions of the landscaping contained on the premises of a building in which a building permit or a certificate of occupancy has been issued.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.402; Ordinance 677-19 adopted 11/19/19)
An offense committed before the effective date of this article is governed by prior law and the provisions of the comprehensive zoning ordinance, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. Any person, firm or corporation who shall violate any provision of this article, or who shall fail to comply with any provision hereof, within the corporate limits of the town, or its extraterritorial jurisdiction, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each day any violation or noncompliance continues shall constitute a separate and distinct offense.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.410; Ordinance 677-19 adopted 11/19/19)
Provisions contained herein shall not conflict with other approved ordinances of the town except in the case where other ordinances requirements, regulations, and standards are interpreted by staff to be more restrictive, in which case the more restrictive requirements, regulations, and standards shall apply as determined by the planning and zoning commission, who will, in turn, make a recommendation to the town council.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.409; Ordinance 539-13, sec. 2, adopted 1/15/13; Ordinance 677-19 adopted 11/19/19)
(a) 
Permit required.
No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this article until a permit for such has been issued and the fee paid, except as otherwise provided in this article. All sign construction shall conform to the adopted building code. In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way.
(b) 
Application.
All applications for permits shall include a colored drawing to scale of the proposed sign (including size, colors and design) and all existing signs maintained on the premises and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and sign specifications. Applications shall be made to the building official on forms provided by the town.
(c) 
Fee.
Fees for a permit to erect, alter, replace or relocate a sign shall be as provided for in the fee schedule in appendix A of this code.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(a)–(c); Ordinance 677-19 adopted 11/19/19)
(a) 
Intent.
It is the declared purpose of this article that in time all privately owned signs shall either conform to the provisions of this article or shall be removed. By the passage of this article and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this article and all other ordinances of the town. Any sign that does not conform to all provisions of this article shall be either a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances, or an illegal sign if it did not exist as conforming or nonconforming sign, as the case may be. It is further the intent and declared purpose of this article that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the effective date of this article shall be discharged, or affected by such passage, but prosecution and suits for such offenses, liability, penalties or forfeitures may be instituted, and causes presently pending may proceed.
(b) 
Signs erected in or over right-of-way.
Any sign erected in or over a public right-of-way either prior to or after the adoption of this article is prohibited, and the town may, without notice, remove and impound any such sign.
(c) 
Removal of certain nonconforming signs.
Nonconforming signs which have been blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign shall be removed or brought into compliance with this article if the cost of repairing the sign is more than 50 percent of the cost of erecting a new sign of the same type at the same location. No person may repair a nonconforming sign where the effect of such repair shall be to enlarge or increase the structure of the nonconforming sign.
(d) 
Recovery and disposal of impounded signs.
Impounded signs may be recovered by the owner within ten days of the date of impoundment. Inquiries should be directed to town hall. Signs that are not recovered within ten days of impoundment will be destroyed.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(d); Ordinance 677-19 adopted 11/19/19)
When a sign is erected, placed or maintained, or work started thereon, before obtaining a sign permit, it shall be subject to a fine of one hundred percent of the sign permit fee. Any work on a new sign or an existing sign performed before the issuance of a sign permit must be in full compliance with the provisions of this article.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(e); Ordinance 677-19 adopted 11/19/19)
Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. The building official shall examine the plans and specifications submitted with the application to ensure compliance with the adopted electrical code of the town. No sign shall be erected that is in violation of the adopted electrical code. However, the sign contractor may tie the sign to an existing power source or to power provided by an electrician that has permitted the job.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(f); Ordinance 677-19 adopted 11/19/19)
All signs relating to a business which has closed or moved away shall be deemed obsolete and be removed in such a way that, after removal, the sign outline or message shall not be visible. The owner or agent of the property on which the sign is located shall be responsible for removal of the sign within 30 days of obsolescence.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(g); Ordinance 677-19 adopted 11/19/19)
The building official may determine if any sign exists in a dilapidated or deteriorated condition or is a nuisance to the public. The building official shall give written notice to the person(s) responsible for the sign. The sign shall be removed or repaired within ten days of such notice. The building official may cause any sign determined to be an immediate peril to persons or property to be removed immediately and without notice.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(h); Ordinance 677-19 adopted 11/19/19)
The owner or agent of the property on which any sign is located is responsible for ensuring such signs are maintained in a good condition, as determined by the building official. Upon written notice by the building official that any such sign is not being maintained in a good condition, the owner or agent of the property on which the sign is located shall bring the sign into compliance with the requirements of this article within ten (10) days of such notice.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(i); Ordinance 677-19 adopted 11/19/19)
No person shall display any sign containing obscene or patently offensive matter as defined by the state Penal Code, or any matter soliciting or promoting unlawful conduct.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.403(j); Ordinance 677-19 adopted 11/19/19)
(a) 
Compliance with building code.
No sign shall be erected in violation of the building code of the town.
(b) 
Changeable message signs.
Changeable message signs are prohibited. Exceptions include religious institutions, schools and other sites where, in the opinion of the town council, a changeable message sign is appropriate.
(c) 
Construction and development signs.
(1) 
Construction signs.
One construction sign per development or site is allowed in nonresidential districts. Graphics, symbols, text or images shall advertise or depict only what is permitted and planned to be conducted, sold or offered on the premises on which the temporary fence or barrier is located. Such signs shall not be erected prior to the notice to proceed and must be removed prior to the town’s final acceptance of the project. Such signs shall comply with the provisions of this article with the exception that no sign shall contain more than 32 square feet per side or exceed six feet in height. A permit is required for construction signs. Construction signs are not allowed in residential districts.
(2) 
Development signs.
Temporary development signs may be erected and shall be related only to the specific development or subdivision on which they are located, and may only be placed in residential districts. Such signs shall not be erected prior to the notice to proceed and must be removed at such time as building permits have been issued for a minimum of seventy-five (75) percent of the lots for the subdivision or development to which the sign pertains. Such signs shall comply with the provisions of this article with the exception that no sign shall contain more than 32 square feet per side or exceed six feet in height. A permit is required for construction and development signs for residential uses.
(d) 
Temporary off-premises signs.
Temporary off-premises signs may be erected between the hours of 12:00 p.m. Thursday and 8:00 a.m. on Monday. Signs shall not exceed four square feet in effective area and may be placed within the town right-of-way, provided that they do not project out over the street or sidewalk. No sign will be allowed within any street median or attached to any tree or to any public utility pole. No permit or fee is required.
(e) 
Flags.
Flags are permitted in all districts except that each flag shall not exceed 48 square feet in effective area or pole exceed 30 feet in height.
(f) 
Temporary light displays.
Temporary light displays may only be displayed for up to ninety (90) consecutive days within a year, but shall otherwise be exempt from the provisions of this section.
(g) 
Hazardous or nuisance signs.
No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are not allowed. Under no circumstances shall a sign constitute a traffic hazard.
(h) 
Luminance (or brightness).
(1) 
No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Illumination at the property line of a given establishment shall be limited and such limitation shall be based upon the zoning of the neighboring property or the frontage onto public or private streets. Maximum illumination at the property line shall not exceed:
Illumination Table
Adjacent Zoning/Street
Footcandles
Agricultural
0.2
Residential
0.2
Nonresidential
3.0
Streets
3.0
(2) 
No lighted sign shall be erected within 150 feet of a property used for residential purposes unless the lighting is shielded from view of the residential development.
(i) 
Incidental sign.
Incidental signs are permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Such signs shall comply with all other applicable requirements of this article. The occupant of premises who erects an incidental sign shall comply with the following requirements:
(1) 
Each sign must be stationary and not exceed six square feet in effective area.
(2) 
If a sign is an attached sign, the words must not exceed four inches in height.
(3) 
Each sign has a maximum height of thirty inches (30").
(4) 
Only two incidental signs are permitted per acre per lot, with a fifty-foot (50') minimum spacing between signs.
(5) 
The design, materials, and finish of the base shall match those of the front building facade of the primary structure on the same lot.
(6) 
All lighting shall comply with the currently adopted National Electrical Code.
(j) 
Moving or flashing signs.
Strobe lights and rotating beacons are prohibited.
(k) 
Political signs.
(1) 
Location and standards.
(A) 
State law provides certain restrictions on political signage at polling places as well as on private real property. The town hereby incorporates applicable provisions of such state law into this sign ordinance. Section 216.903 of the Texas Local Government Code, as amended, authorizes, among others, the placement of signs that contain primarily a political message on private real property with the consent of the property owner; subject to the following:
(i) 
Shall not have an area greater than thirty-six square feet (36 sq. ft.);
(ii) 
Shall not be more than eight feet (8') in height;
(iii) 
Shall not be illuminated; and
(iv) 
Shall not have any moving elements.
(B) 
Signs are not permitted on town property or within any right-of-way, except as required by sections 61.003 or 85.036 of the Texas Election Code, both as amended.
(C) 
Polling place.
The town recognizes that on occasion, town buildings may be utilized as polling places. Sections 61.003 and 85.036 of the Texas Election Code, both as amended, authorize, among others, the town to enact reasonable regulations concerning the time, place, and manner of electioneering, which includes the posting, use or distribution of political signs on election days and during the early voting period. No political signs at polling places shall:
(i) 
Be located, affixed, or placed on any utility pole or structure, light structure, traffic signal, or sign pole;
(ii) 
Be located in or on any public right-of-way;
(iii) 
Be placed in a location so as to impede pedestrian or vehicular access; or,
(iv) 
Otherwise create a traffic or safety hazard.
(D) 
A political sign at a polling place shall not exceed four feet (4') in height or have a total sign area in excess of six square feet (6 sq. ft.) and shall not be illuminated or have any moving elements.
(2) 
Timeframe.
(A) 
Polling place.
Sign shall be allowed to be placed any time during the first day of early voting or election day, whichever is applicable. The sign may remain during the entire period of early voting. Should the polling location also be the site of the election day voting, the sign may remain on the site between the dates of early voting and election day voting.
(3) 
Removal.
(A) 
Shall be removed within ten (10) days after the election day.
(B) 
Polling place: Shall be removed within twenty-four (24) hours of the closing of the early voting or election day polling location as provided above.
(4) 
No permit is required for political signs, but such signs shall otherwise comply with the above conditions.
(l) 
Portable signs.
Portable signs are not permitted in any zoning district.
(m) 
Restricted language or wording.
Signs shall not display gestures or words which are obscene, profane, or pornographic in nature as stated in section 3.04.012.
(n) 
Searchlights.
Searchlights are limited to a 72-hour operation period. Consecutive permits are not allowed for continuous use and shall be limited to the initial opening of a business located in a nonresidential zoning district.
(o) 
Ranch entry signs.
One ranch entry sign shall be allowed per lot/tract of ten (10) or more acres. The maximum height of any overhead ranch entry sign shall not exceed fifteen (15) feet and shall not exceed thirty-two (32) square feet in effective area or sixty-four (64) square feet if double sided. Monument ranch entry signs shall not exceed four (4) feet in height or exceed 32 square feet in effective area. Ranch entry signs may be built into an entrance feature or fence. Ranch entry signs must be on-premises and may not be erected within the public right-of-way.
(p) 
Signs on fences.
No person shall paint a sign or attach a sign, other than a street number, to the outside of a fence, railing or a wall which is not a structural part of a building in or facing a residential zoning district, whether or not on the property line.
(q) 
Signs on sidewalk, curb, gutter or street.
No person shall attach any sign, paper, or material, or paint, stencil, or write any name or number (except house or street address numbers) or otherwise mark, on any sidewalk, curb, gutter, or street.
(r) 
Signs on trees or on public utility poles or on public utility structures.
No person shall attach or maintain any sign upon any tree or public utility pole or public utility structure.
(s) 
Subdivision entry signs.
Subdivision entry signs shall be located within the platted limits of a residential subdivision. Subdivisions entry signs shall have a maximum effective sign area of sixty square feet (60 sq. ft.), a minimum base size of twelve inches (12"), and a maximum height of eight feet (8'). One monument or two signs attached to screening walls (not a combination of both) are permitted per street entrance.
(t) 
Temporary banners.
(1) 
Generally.
In nonresidential zoning districts, a banner sign is permitted on a temporary basis for a maximum of fifteen (15) consecutive days, one time per calendar quarter, per business or organization. Maximum size shall be 50 square feet. A banner must be attached to a building or be self-supported. Banners are prohibited from being attached to trees or utility poles. No more than three (3) temporary banners will be permitted on a single tract of land at a time. A permit containing the location and date to be moved shall be required. In the event a banner remains in place beyond the 15-day maximum number of permitted days, each day it remains in place shall be deducted from the next permit period. Unused days or time may not be carried over to the next banner permit. No permit fee will be required.
(2) 
Events.
Religious organizations that operate in a school or other temporary facility may place a banner during times of worship. The banner must be removed two (2) hours after worship. This banner shall not count against the businesses’ annual allowance.
(u) 
Vehicular signs.
Vehicular signs shall conform to the following restrictions:
(1) 
Allowable signs.
Vehicle signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four (4) hours or for a longer period where the primary purpose of such parking is not the display of any sign, i.e., when such vehicle is used in the normal day-to-day operations of the business. Vehicle signs parked in excess of four (4) hours shall be considered portable signs and shall be prohibited.
(2) 
Exempt signs.
Temporary construction trailers on construction sites and emergency vehicle signs are exempt from subsection (1) above.
(Ordinance 321-03 adopted 5/20/03; Ordinance 508-10, sec. 2, adopted 11/16/10; 2004 Code, sec. 3.404; Ordinance 677-19 adopted 11/19/19)
(a) 
Detached signs (on-premises).
(1) 
Allowable signs.
Detached signs are permitted in nonresidential zoning districts as provided in this section. Detached signs must be on-premises signs.
(2) 
Number of signs.
Only one detached sign may be erected on any premises or lot, except individual lots that have more than 600 feet of frontage along a public right-of-way, other than an alley, may have one additional detached sign per street frontage. Lots with frontage on F.M. 407, Jeter Road and McMakin Road that have double frontage may erect one monument sign on each street frontage not to exceed four feet in height and 32 square feet in surface area.
(3) 
Monument signs.
Monument signs are only permitted in nonresidential zoning districts. A monument sign, including base and surface area, is a freestanding sign having a low profile. The sign face must be encased in stone or brick complementary to the building. A monument sign may include the company or corporation name, logo, address and product or service of the establishment. No advertising or promotional information, with the exception of leasing information, is permitted thereon. Such sign may be single- or double-sided. Such signs and base shall not exceed four feet in overall height, measured from the natural grade, and the actual sign face shall not exceed 32 square feet per side.
(4) 
Center identification monument signs.
Center identification monument signs are allowed only on nonresidential lots with frontage on Farm-to-Market 407 where there exists more than one premises or tenant. The sign face shall be encased in brick or stone and shall be architecturally compatible and complementary with the development or building it is identifying. Signs constructed of baked-on metal, durable plastic, wood, or other materials shall be considered on an individual basis by the town council during the site plan review. All center identification monument signs must be on-premises signs. Such sign may be single- or double-sided. Such signs shall not exceed twelve feet (12') in height and shall be no greater than ninety-six (96) square feet in area (per side if a double-faced sign). Height is measured from the natural grade. All center identification monument sign permits shall be approved by the town council. Only one detached center identification monument sign may be erected for each center. No other freestanding signs are allowed in the same area as a center identification monument sign.
(5) 
Materials.
Signs shall be constructed primarily of brick or stone and shall be architecturally compatible and complementary with the development or building it is identifying. Signs constructed of baked-on metal, durable plastic, wood, or other materials may be considered on an individual basis and may be permitted by site plan approval.
(6) 
Pole signs.
Pole signs are not permitted in any zoning district, except where otherwise specifically allowed. (See illustration 11A on file in the office of the town secretary for example.)
(7) 
“For sale” signs on vehicles.
No person shall place, or allow to be placed, a sign on a parked vehicle or write on a parked vehicle, in any manner, to indicate the vehicle is for sale, which is parked in a location for more than twenty-four (24) hours, unless authorized to do so by a special use permit or zoning district classification.
(b) 
Wall signs (attached to or integrated into wall).
Signs on walls are permitted in nonresidential districts in accordance with the provisions of this article.
(1) 
General regulations.
All wall signs must be on-premises signs. All businesses are allowed one sign per tenant space per street frontage.
(2) 
Maximum effective area.
Total effective area of attached signs shall not exceed or cover more than 10 percent of the facade area of a building face or area of the front of the leasable building space. But, in each case, a wall sign shall not exceed 200 square feet in effective area.
(3) 
Projection from building surface; maximum height.
All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall not project above the top plate line of the building except as follows:
(A) 
All attached signs (whether on towers or habitable structures) shall be limited to 26 feet in height on a one- or two-story structure (habitable structure), but in no event shall the sign exceed the top plate line on a one-story structure.
(4) 
Signs on awnings and canopies.
Signage shall be prohibited on awnings (roof-like shelters that provide protection from sun or rain) and canopies (an awning stretching from a door to a curb or a roof-like projection or covering).
(c) 
Off-site signs (off-premises).
All off-site or off-premises signage is prohibited.
(d) 
Window signs.
Window signs shall be permitted in nonresidential districts in accordance with the following:
(1) 
Window signs shall be limited to a maximum of ten percent of the total window glass area per facade and have a maximum vertical dimension of 18 inches.
(2) 
No blinking, flashing, or moving signs shall be allowed as window signs, excluding open-for-business signs.
(e) 
Interior signs.
Interior signs shall be located a minimum of ten feet from the building storefront containing said windows, with the exception of “open” or “closed” signs.
(f) 
Inflatable signs.
Inflatable signs less than ten cubic feet are permitted for a period not to exceed seven days. One sign per year per business is allowed.
(Ordinance 321-03 adopted 5/20/03; Ordinance 350-04 adopted 4/20/04; Ordinance 508-10, sec. 3, adopted 11/16/10; 2004 Code, sec. 3.405; Ordinance 539-13, sec. 3, adopted 1/15/13; Ordinance adopting 2015 Code; Ordinance 677-19 adopted 11/19/19; Ordinance 723-22 adopted 4/19/22)
(a) 
Applicability.
The provisions of this section apply to all signs in any residential district, and also to signs which are within 25 feet of a residential district boundary.
(b) 
Illuminated signs.
No illuminated signs are permitted except entryway signs into a subdivision, or as approved by the town council as part of the site plan approval process. Governmental entities and other nonresidential uses permitted in residential zoning districts may have one externally lighted sign not to exceed six feet in height or 32 square feet per side. Illuminated signs in nonresidential uses which are allowed in residential districts shall be externally lit and conform to the criteria established in this article and shall be approved by the town council as part of the site plan approval process.
(c) 
Residential yard signs.
Two residential yard signs are permitted in conjunction with a lot containing a single-family, two-family dwelling or multi-family dwelling for which a building permit or certificate of occupancy has been issued. A residential yard sign shall be located only on private real property with the consent of the property owner. A residential yard sign is permitted on a residential zoned lot owned by a home or property owners associations. A residential yard sign shall not be placed closer than ten (10) feet from the edge of the street pavement, and may be no larger than six square feet and four feet in height.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.406; Ordinance 677-19 adopted 11/19/19)
The following signs may be erected and maintained under these exceptions and conditions:
(1) 
Obstruction of door, window, fire escape or fire hydrant.
No sign shall be erected, relocated or maintained so as 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, fire escape, or fire hydrant. No signs shall be placed in a manner which restricts visibility of a fire hydrant from a public right-of-way.
(2) 
Signs not to constitute traffic hazard.
No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner, or intensity of illumination it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic.
(3) 
Artwork.
Any painting, mural, sculpted figure, or other graphic which depicts a product, service or theme associated with the business or establishment and is on the exterior of a building or window glass shall be considered a sign.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.407; Ordinance 677-19 adopted 11/19/19)
(a) 
Variances.
The town council, with a recommendation from the planning and zoning commission, may consider a request for a variance to this article when submitted by the owner or owners of a particular, clearly defined, and identifiable commercial or retail area. Such request shall be made through the site plan process and by a plan that shall provide such details and specifications as the commission may reasonably require, including information with respect to ownership of the land and proposed lighting, type, location, and size of signs. Variances for signs associated with existing developments shall be considered as part of a site plan amendment application. If, in the opinion of the planning and zoning commission, such exception will result in the signage appearance of the area being beneficial to the public health, safety and general welfare and in the interest of the town, said commission shall recommend to the town council that a special exception be granted for such area permitting signs in accordance with the plan or program submitted to the commission. The decision of the town council shall be final.
(b) 
Appeals.
(1) 
The board of adjustment of the town (created pursuant to the town’s zoning ordinance) may hear and decide appeals which allege error in any order, requirement, decision, or determination made by the building official, town administrator or his/her representative in connection with the refusal to grant a permit required by this article or revocation of a permit granted under the provisions of this article;
(2) 
The board of adjustment shall act as a quasi-judicial body;
(3) 
Prior to the board of adjustment meeting, notice shall be provided in writing to all property owners within two hundred (200) feet of property on which a sign is proposed to be erected;
(4) 
The decision of the board of adjustment shall be final.
(5) 
Content based appeals shall be heard by the town council.
(Ordinance 592-15 adopted 12/15/15; Ordinance 677-19 adopted 11/19/19)
The following types of signs are specifically prohibited unless otherwise specifically provided for in this article:
(1) 
Portable signs.
(2) 
Balloons, streamers, bunting, banners, flags, flagpoles, pole signs or signs that contain moving parts.
(3) 
Signs erected in violation of the building or electrical code of the town.
(4) 
Signs attached to or maintained upon any tree or public utility pole or structure.
(5) 
Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building.
(6) 
Signs attached to or painted on any sidewalk, curb, gutter, or street (except house address numbers).
(7) 
Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance.
(8) 
Signs that move, flash light intermittently, change color or revolve, unless specifically allowed by this article.
(9) 
Off-premises signs.
(10) 
Signs erected in the public right-of-way.
(11) 
Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign attracts the attention of or informs persons using the public right-of-way, except as otherwise specifically provided for in this article.
(12) 
Luminous gaseous tubing, except that within an enclosed building, behind glass and visible from outside only through a window.
(13) 
A-frame signs, including but not limited to signs located in the back of a truck or other vehicle.
(14) 
Can signs made of plastic or similar translucent materials.
(15) 
Signs attached to roofs or canopies.
(16) 
Billboards.
(17) 
Off-premises temporary real estate signs.
(Ordinance 321-03 adopted 5/20/03; 2004 Code, sec. 3.408; Ordinance 677-19 adopted 11/19/19)