This chapter is adopted under the authority of the constitution
and laws of the state.
(Ordinance 2018-12-17-03 adopted –/–/18)
The purpose of this chapter is to protect the public health,
safety, and welfare by limiting hazards to motorists and pedestrians
brought about by distracting sign displays and by removing obstructions
from the view of motorists, and to protect and preserve property values
by assuring the continued attractiveness of the community, and to
maintain the natural beauty and atmosphere of the Texas Hill Country
setting of the city and the general community by restricting in number
and appearance all commercial, private, or public signs in the city
and within its extraterritorial jurisdiction. The city does not intend
to place or enforce content-based restrictions on noncommercial speech.
(Ordinance 2018-12-17-03 adopted –/–/18)
For the purposes of this chapter, the definitions of terms,
phrases, words, and their derivations shall have the meaning and effect
ascribed to them in this section, except where the context clearly
indicates a different meaning. Words used in this chapter and not
defined in this section shall have their ordinarily accepted meaning.
Banner.
A temporary sign made of fabric or any non-rigid material.
Billboard.
Any commercial sign that is designated for changeable copy,
within a fixed sign face, that will be used to display any good, service,
brand, slogan, message, product, or company not located on the same
site or property as the sign.
Brochure box.
An enclosed box that has space to contain multiple pieces
of paper or brochures.
Building.
Any structure, either temporary or permanent, having a roof
or other covering, and designed or used for the shelter or enclosure
of any person, animal or property of any kind, including but not limited
to tents, awnings or vehicles situated on private property and used
for purposes of a building.
City.
The City of Lakeway, Travis County, Texas, and its area of
extraterritorial jurisdiction as defined by the Texas Local Government
Code section 42.021(2).
Code enforcement officer.
An employee of the city certified by the Texas Department
of Licensing and Regulation as a code enforcement officer.
Commercial district.
An area zoned C-1, C-2, C-3, HM, M, GUI, AV, R-8, REC, or
any commercial component of a planned unit development.
Commercial sign.
A sign which directs the attention of the general public
to a business, good, service, brand, slogan, commercial message, product,
company, sale of real estate, or other commercial or business activity.
Commission.
The zoning and planning commission of the city.
Erect.
To build, construct, alter, reconstruct, pour, lay, move
upon, attach, hang, place, suspend or affix, and also includes the
painting of wall signs, murals or supergraphics, or any physical operation
on the premises which are required for the construction of a sign
including excavation, site clearance, landfill, and the like.
ETJ.
The extraterritorial jurisdiction of the city is that land
not within the corporate limits of the city, but land over which the
city has jurisdiction by virtue of the Texas Local Government Code.
Feather sign.
Fabric or other material which does or does not contain writing
or pictures attached to a harpoon-style pole or staff driven into
the ground for support.
Freestanding sign.
Any sign which is not attached to or on the walls, face,
or exterior of a building.
Irrigated.
Watered through an automatic sprinkler or irrigation system.
Legal nonconforming sign.
Any sign or flag pole which would be unlawful or nonconforming,
but for the fact that such sign was lawfully in existence on the date
of the passage of this chapter.
Logo.
A unique symbol or design that is used to identify a company
or organization. A logo may or may not be trademarked.
Lot.
An undivided tract or parcel of land having access to a public
street and which is, or in the future may be, offered for sale, conveyance,
transfer or improvement, and designated as a distinct and separate
tract or lot.
Monument sign.
A sign permanently affixed to the ground at its base, supported
entirely by a base structure, and not mounted to a pole or part of
a building. Pole(s) may be used to construct a monument sign so long
as the poles are not visible below the sign.
Multitenant center.
Two or more office establishments, retail stores and/or service
establishments, or a combination of one office establishment and/or
one retail store and/or one service establishment, sharing customer
parking area, regardless of whether said offices, stores and/or establishments
occupy separate structures or are under separate ownership or on separate
lots or tracts of land.
Neon or neon lighting.
A sign, trim, or decoration with the illumination provided
by a gas filled electrical discharge lamp in which the gas is made
up of a large proportion of neon, argon, krypton or other inert gases.
On-premises sign.
A freestanding commercial sign maintained on the same premises
as the location of the commercial activity that is the subject of
the sign.
Owner.
A person recorded as the owner on official records. The owner
of property on which a sign is located is presumed to be the owner
of the sign unless facts to the contrary are established.
Permanent sign.
A fixed sign, including but not limited to monument signs,
building signs, open/closed signs, projecting signs, directory signs,
and marquee signs.
Person.
Includes corporation, partnership, association, trust, firm,
executor, receiver, trustee, lessee as well as an individual.
Portable sign.
Any sign not permanently affixed to a building, structure
or the ground and designed or constructed in such a manner that it
can be moved or relocated without involving significant structural
or support changes. This definition includes, but is not limited to,
A-frame signs, sandwich signs, curb signs and signs on trailers with
or without wheels or on other vehicles which are primarily used as
signs.
Premises.
A platted lot or tract of land within the city or its extraterritorial
jurisdiction.
Projecting sign.
A sign, other than a wall sign, which physically projects
from and is supported by a wall of a building or structure.
Projection.
The process of projecting a sign (usually filmed) onto a
screen or surface.
Reflective surface.
Any material or device which has the effect of intensifying
reflected light, including but not limited to reflective tape, day
glow, glass beads and luminous paint.
Residential district.
Areas zoned for residential use including R-1, R-2, R-3,
R-4, R-5, R-6, R-7, or any residential component of a planned unit
development.
Restoration.
The routine maintenance and painting of existing approved
signs that does not change the approved design and color in any way.
Right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
city has an interest.
Running signs.
Signs whose visual message moves in a left to right or right
to left motion.
Scrolling signs.
Signs whose visual message moves in a top to bottom or a
bottom to top motion.
Sign.
A name, identification, image, light device or accent, figure,
painting, drawing, message, plaque, poster, billboard, banner, description,
display or illustration which is affixed to, painted or represented
directly or indirectly upon a building, picture, structure, window,
or piece of land, and which directs attention to an object, project,
place, activity, facility, service, event, attraction, person, institution,
organization, or business which is visible from any street (both public
and private), right-of-way, sidewalk, alley, park, or other public
property, lake, or golf course. Customary displays of merchandise
or objects and material without lettering which are placed behind
a store window are not signs or parts of signs.
Surface area of a sign.
The total surface including frame and mounting, but shall
include only one-half of a freestanding back-to-back sign, provided
the freestanding sign’s sides are back to back or angled with
no greater separation between sides at its widest point than four
(4) feet and provided that both sides have the identical sign.
Temporary sign.
A sign that is only allowed for a limited period of time,
including but not limited to construction signs and banners.
(Ordinance 2018-12-17-03 adopted –/–/18)
It shall be unlawful for any person to erect, place, maintain,
alter or relocate a sign within the corporate limits of the city except
in accordance with the provisions of this chapter. It shall be unlawful
for any owner of real property in the city to have any sign located
on such property except in accordance with the provisions of this
chapter. The regulations pertaining to permanent signage contained
in this chapter shall apply to the city’s extraterritorial jurisdiction.
Regulations pertaining to temporary signage shall not apply to the
city’s extraterritorial jurisdiction. No temporary sign in the
city’s extraterritorial jurisdiction shall exceed thirty-six
(36) square feet.
(Ordinance 2018-12-17-03 adopted –/–/18)
The commission may adopt, from time to time, such rules and
regulations as it may deem necessary to perform its prescribed duties.
(Ordinance 2018-12-17-03 adopted –/–/18)