Signs use private land and the sight lines created by the public rights-of-way to inform and persuade the general public by publishing a message. This article provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public, and, in part, to achieve the following:
(1) 
Safety.
To promote the safety of persons and property by providing that signs:
(A) 
Do not create a hazard due to collapse, fire, collision, decay or abandonment;
(B) 
Do not obstruct firefighting or police surveillance; and
(C) 
Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles or other vehicles, or to read traffic signs.
(2) 
Communications efficiency.
To promote the efficient transfer of information in sign messages by providing that:
(A) 
Businesses and services may identify themselves;
(B) 
Customers and other persons may locate a business or service;
(C) 
No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes; and
(D) 
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
(3) 
Landscape quality and preservation.
To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
(A) 
Do not interfere with scenic views;
(B) 
Do not create a nuisance to persons using the public rights-of-way;
(C) 
Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement;
(D) 
Are not detrimental to land or property values; and
(E) 
Contribute to the special character of particular areas or districts within the city, helping the observer to understand the city and orient oneself within it.
(2006 Code, sec. 28-1; Ordinance 09-05-797, sec. 2 (art. I, sec. 1), adopted 5/18/09)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Terms not defined herein shall have the meaning assigned to them in the building code. Terms not defined herein or in the building code shall have the meaning customarily assigned to them by the dictionary.
Activity.
Any person, business, organization or other entity.
Awning.
A roof-like structure, temporary in nature, which is not an integral structural part of and is accessory to the building which it serves and is retractable, collapsible or capable of being folded.
Building.
A structure which has a roof supported by walls for the shelter, support or enclosure of persons, animals or chattel.
Canopy.
A projecting roof-like covering which is a permanent and integral part of the building’s structure.
Changeable electronic variable message sign (CEVMS).
A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within a right-of-way that functions as a traffic-control device and/or that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the General Highway Administrator as the national standard.
Character.
Any letter of the alphabet or any numeral.
Commission.
The plan commission of the city.
Expressway.
Any public right-of-way designated as an expressway or freeway by the ordinances or resolutions of the city, as amended.
Facade.
Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which 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 part of a single facade.
Flagpole.
A permanent freestanding monopole or other structure erected for the sole purpose of displaying a flag or flags.
Height.
As applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average grade within five feet of any part of the sign.
Intersection.
The junctions of the centerlines of any two public rights-of-way, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement.
Luminance.
The brightness of a sign or a portion thereof expressed in terms of footcandles. For the purpose of this article, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a footcandles scale.
Obsolete sign.
Any sign which the city determines no longer serves a bona fide use or purpose on a lot with or without a structure.
Occupancy.
The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
Parapet.
A low wall or railing which protects the edge of a roof, porch or terrace.
Roofline.
The ridge line or the highest portion which is the highest part of a roof.
Setback.
The required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way.
Sign.
Any device, flag, light, figure, mural, painting, picture, letter, word, message, symbol, plaque or poster visible from outside the site on which it is located and designed to inform or attract the attention of persons not on that premises, excluding those lights and landscape features which display no words or symbols, and temporary holiday decorations.
Sign area.
The area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of any supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are movable or flexible, such as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. This definition shall also apply to signs which are composed solely of words which identify the premises and which are attached to freestanding walls not over six feet in height.
Sign, attached.
Any sign attached to, applied on, or supported by any part of a building (including canopy fascia, walls and awnings) which encloses or covers usable space.
Sign band.
An architectural element expressly designed to accommodate attached signs on a building.
Sign copy.
See definition of “sign.”
Sign, directional.
An off-premises sign the content of which is limited exclusively to the identification of a specific site, activity or occupancy located elsewhere, and which tells the location of or route to that site, activity or occupancy.
Sign, freestanding.
Any detached sign connected to the ground which is not an attached, portable or vehicular sign.
Sign, illegal.
Any sign that was erected in violation of any sign regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of this article, or which is not deemed as a nonconforming sign by the building official, shall be considered an illegal sign.
Sign, illuminated.
Any sign which is directly lighted by any electrical light source, internal or external. This definition shall not include signs which are illuminated by streetlights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.
Sign, kiosk.
A freestanding sign located within any public right-of-way that features a city identification panel at the top of each structure and displays directional information to subdivisions, homebuilders, new homes and municipal facilities and parks.
Sign, marquee.
Any sign which has interchangeable letters (plastic, metal, magnetic, etc.) and these individual letters are changed manually. This definition also includes signs that flash, change illumination or copy, rotate, move or create an illusion of movement.
Sign, monument.
Any permanent low-profile sign built on a monument base, solid from the ground up, which has no clear space for the full width of the sign between the bottom of the sign and the ground and is not an attached, portable or vehicular sign. Pole(s) or support(s) must be concealed.
Sign, movement control.
A sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located.
Sign, nonconforming.
Any sign erected legally and in compliance with all sign regulations applicable at the time of erection, but which does not comply with the provisions of this article. It shall be the burden of the owner of a nonconforming sign to prove that the sign was erected legally and in compliance with all sign regulations applicable at the time of its erection.
Sign, off-premises.
Any sign which is not an on-premises sign.
Sign, on-premises.
Any sign, the content of which relates to the site on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those sites, or the sale, lease or construction of those sites.
Sign, one-time event.
Any sign that advertises an event which will occur on a certain day or period of consecutive days (not to exceed three days) at a certain time or times. Examples of one-time event signs are realtor open house signs, signs advertising sales, and signs advertising one-time entertainment events.
Sign, pole.
A permanent freestanding pole sign, utilizing either a monopole or dual pole design.
Sign, political.
Any type of non-premise [on-premises] sign which refers only to the issues or candidates involved in a political election.
Sign, portable.
A sign which is easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes and which are not fixed permanently to the ground, and which is not an attached sign, political sign, vehicular sign or a sign which refers solely to the sale or lease of the premises.
Sign, projecting.
Any attached sign, other than an awning or canopy, which projects perpendicular from a building and which has one end attached to the building.
Sign, protective.
Any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, “Bad Dog,” “No Trespassing,” and “No Solicitors.”
Sign, special-purpose.
A sign temporarily supplementing the permanent signs on a site.
Sign, temporary.
Any sign that is used only temporarily and is not permanently mounted or affixed to any structure or to the ground.
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 which are being transported to a site of permanent erection, bumper stickers, magnetic signs not to exceed four square feet, any signs attached to or painted onto a personal vehicle which exceed four square feet, taxicab signs, or delivery vehicle signs so long as the vehicle is shielded from public view when stored or stopped and otherwise does not park at any one location longer than reasonably necessary to make a delivery or if the vehicle is primary transportation for a resident and the vehicle is parked in the driveway of the resident.
Sign, window.
A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.
Site.
A building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way.
Street.
A public right-of-way utilized by the public, and shall include such terms as avenue, drive, circle, road, boulevard, and highway, but shall not include alleys.
Thoroughfare.
Any public right-of-way which is 80 feet in width or greater designated as a thoroughfare by the city by ordinance or resolution.
Wind device.
Any flag, banner, pennant, streamer or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached by the same rules as other signs. Heavier-than-air inflatables must be firmly tethered to the ground and shall not exceed a maximum of 35 feet in height from the ground. Feather signs are considered wind device signs and shall not exceed 15 feet in height.
Word.
For the purpose of this article, one word shall be deemed to be any of the following:
(1) 
Any word in any language found in any standard unabridged dictionary or dictionary of slang.
(2) 
Any proper noun or any initial.
(3) 
Any separate symbol or abbreviation, such as “&,” “$,” “%,” and “Inc.”
(4) 
Any telephone number, street number or commonly used combination of numerals and/or symbols such as “$5.00” or “50%.”
(5) 
Any symbol or logo which is a registered trademark, but which itself contains no word or character.
(6) 
Otherwise, each separate character is considered to be a word.
Zoning district, business.
Any zoning district designated other than residential zoning by the comprehensive zoning ordinance of the city, as amended.
Zoning district, residential.
Any zoning district designated as a residential district in the comprehensive zoning ordinance as amended.
(2006 Code, sec. 28-2; Ordinance 09-05-797, sec. 2 (art. I, sec. 2), adopted 5/18/09; Ordinance 09-07-805, sec. 2, adopted 7/6/09; Ordinance 13-02-947, sec. 2, adopted 2/19/13; Ordinance 13-05-950, sec. 2, adopted 5/7/13; Ordinance 19-06-1131, sec. 3, adopted 6/18/19; Ordinance 21-07-1220 adopted 7/20/21; Ordinance 22-02-1247 adopted 2/1/22; Ordinance 22-05-1263 adopted 5/17/22)
(a) 
All signs erected or maintained pursuant to the provisions of this article shall be erected and maintained in compliance with all applicable state laws and with the building code, electrical code and other applicable ordinances of the city. In the event of conflict between this article and other laws, the most restrictive standard applies.
(b) 
No sign shall be erected, maintained, placed or otherwise situated in such a manner so as to obstruct or interfere with the minimum sight line standards.
(c) 
In business zoning districts, no illuminated sign which has a sign area of 50 square feet or less shall have a luminance greater than 300 footcandles, nor shall any such sign have a luminance greater than 300 footcandles for any portion of the sign within a circle two feet in diameter. The restrictions of luminance in this section shall be determined from any other premises or from any public right-of-way.
(d) 
Time and temperature informational signs and electronic reader boards oriented to be read from public ways are prohibited except as provided in section 26.02.009(c) below.
(e) 
Pole signs are prohibited.
(2006 Code, sec. 28-3; Ordinance 09-05-797, sec. 2 (art. I, sec. 3), adopted 5/18/09; Ordinance 21-07-1220 adopted 7/20/21)
(a) 
No flagpole may be located within any public or utility easement.
(b) 
No lot in a commercial or residential district shall have more than three flagpoles.
(c) 
Flagpole setback requirements:
(1) 
Residential districts: Height of pole.
(2) 
All other districts: Height of pole in front setback, 15 feet on side and rear setbacks.
(d) 
The maximum height of flagpoles shall be the following:
(1) 
Public/semi public district, public park/open space district: Fifty (50) feet.
(2) 
Commercial districts: Height may equal maximum building height permitted in respective zoning district.
(3) 
Single-family-estate district, single-family-20 district, private park district: Thirty (30) feet.
(4) 
Any residential district, excluding SF-E and SF-20: Twenty-five (25) feet.
(e) 
The maximum area of a flag or combination of flags on each pole shall be the following:
(1) 
Sixty (60) square feet in commercial, public/semi-public, or public park districts.
(2) 
Forty (40) square feet in all other zoning districts.
(Ordinance 21-07-1220 adopted 7/20/21)
No person shall cause to be erected or maintained any sign using any combination of forms, words, colors or lights which imitate standard public traffic regulatory or emergency signs or signals.
(2006 Code, sec. 28-4; Ordinance 09-05-797, sec. 2 (art. I. sec. 4), adopted 5/18/09)
(a) 
No sign shall project above the roofline or be attached to a roof of a building.
(b) 
Exceptions:
(1) 
Signs may be placed on the first 30 inches above the roof on a parapet or similar projection which is continuous on two or more sides of the structure.
(2) 
Signs may be placed a maximum of ten feet above the roof on a parapet or similar projection which is continuous on three or more sides.
(3) 
Signs shall not project above any portion of a parapet or similar projection.
(2006 Code, sec. 28-5; Ordinance 09-05-797, sec. 2 (art. I, sec. 5), adopted 5/18/09)
Except as specifically authorized in this article, no person shall attach any sign, paper, or other material or paint, stencil, or write any name or number or otherwise mark any sidewalk, curb, gutter, street, tree, utility pole, traffic sign, traffic light standard, public building, public fence, or public structure. This section shall not prohibit the posting of governmental signs or the painting or attaching of street address numbers to curbs. Both the person who erected or affixed the sign and the person and business who benefits from the placement of the sign shall be responsible for the illegally placed sign.
(2006 Code, sec. 28-7; Ordinance 09-05-797, sec. 2 (art. I, sec. 7), adopted 5/18/09; Ordinance 13-02-947, sec. 4, adopted 2/19/13)
Except as specifically authorized in this article, no sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit the carrying or displaying of signs by any person so long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances. Homeowners’ associations and crime watch meetings and alerts may have signs projecting over the public right-of-way. Both the person who erected or affixed the sign and the person and business who benefits from the placement of the sign shall be responsible for the illegally placed sign.
(2006 Code, sec. 28-6(a); Ordinance 09-05-797, sec. 2 (art. I, sec. 6), adopted 5/18/09; Ordinance 13-02-947, sec. 3, adopted 2/19/13)
(a) 
Prohibited.
Changeable electronic variable message sign(s) (CEVMS), as defined in this article, are expressly prohibited within the city limits and the extraterritorial jurisdiction of the city as defined by V.T.C.A. Local Government Code, section 42.021.
(b) 
General exceptions.
The following signs are allowed and exempt even if they meet the definition of a CEVMS:
(1) 
Traffic-control signs;
(2) 
Traffic flow informational signs;
(3) 
Directional signs;
(4) 
Temporary signs operated by or on behalf of a governmental entity; and
(5) 
Safety control signs.
(c) 
Exceptions in certain zoning districts.
Changeable electronic variable message signs are permitted under the following conditions on property located on a type A major arterial as shown on the city’s thoroughfare plan and that is on property zoned public/semi-public:
(1) 
Signs permitted under this subsection (c) shall be exempt from the provisions of section 26.02.003(c) above.
(2) 
The sign must be located not less than 150 feet from a single-family residential structure located in the city.
(3) 
The sign must meet the size, design and location requirements for monument signs set forth in section 26.02.023.
(4) 
Intensity of display brightness must automatically adjust to natural light conditions. Brightness cannot interfere with the vision of traffic on an adjacent road or constitute a nuisance or hazard to traffic.
(5) 
A CEVMS located along a type B, C, D or E roadway as shown on the city’s thoroughfare plan, shall not cause a total luminance to exceed 0.5 footcandles total after sunset. The light level should be measured at the perimeter of the property line of the parcel housing the sign. Signs under these parameters shall only be active between the hours of 7:00 a.m. and 7:00 p.m.
(6) 
A CEVMS shall not display animated messages. Messages such as images or wording shall not flash, blink, roll, dissolve or give any other effect that causes the appearance of motion or movement.
(7) 
Transitions between messages may fade. The transition shall take no longer than one second.
(8) 
Messages may not change more than once every five seconds.
(9) 
The city does not endorse the content of electronic reader board messages.
(2006 Code, sec. 28-6(b); Ordinance 09-07-805, sec. 3, adopted 7/6/09; Ordinance 14-01-967, sec. (d), adopted 1/7/14; Ordinance adopting 2015 Code; Ordinance 19-04-1119 adopted 4/2/19; Ordinance 21-07-1220 adopted 7/20/21)
Political signs regarding an issue or candidate in an election may be erected on private property without limit as to number, provided that such signs comply with other applicable requirements of this article, and provided further that the owner or occupant of the property on which sign is displayed shall comply with the following regulations:
(1) 
Signs shall comply with state law and are prohibited from:
(A) 
Having a surface area greater than thirty-six (36) square feet.
(B) 
Being more than eight (8) feet in height.
(C) 
Being illuminated.
(D) 
Having moving elements.
(E) 
Being located in center medians or within fifteen (15) feet of any stop sign/traffic light.
(F) 
Being placed on private property without the permission of the property owner.
(G) 
All signs shall be removed within two (2) days after the conclusion of the election to which they are related.
(H) 
Being placed on city-owned property except when placed in compliance with the following restrictions:
(i) 
Along the north entrance of the Murphy Community Center. Signs may be placed on the north side of the driveway at that location beginning ten (10) days prior to the first day of early voting. The sign placement area shall be between the drive area and the right-of-way at Murphy Road on the north side of the driveway.
(ii) 
The total of five signs per candidate is the limit regardless of whether the signs are from the candidate’s campaign, a political action committee, or other interest group.
(iii) 
A sign that endorses multiple candidates is counted as one of the five signs for each candidate.
(iv) 
Issues-based campaign signs are limited to five signs per political action committee per issue, either supporting or opposing the issue.
(v) 
Signs are limited to sizes not to exceed 2' x 2' and must either be hand-held or staked into the ground. T-posts are not allowed.
(vi) 
On election day, candidates and/or supporters may place campaign signs in the parking area west of the Murphy Community Center, as long as the signs are placed outside the mandated election boundary lines; see exhibit A to Ordinance 19-06-1130 (for non-presidential years) and exhibit B to Ordinance 19-06-1130 (for presidential years). Any sign placed in accordance with this provision may not be placed before 6:00 a.m. on the election day and must be removed by 8:00 p.m. on the same day.
(2) 
City staff may remove the political signs in violation. Candidates will be contacted and may retrieve the picked-up signs within ten days. City staff will dispose of signs not retrieved.
(3) 
Political signs shall comply with all laws and regulations regulating the placement, location, and sight visibility triangle which relate to all other types of signage under the ordinances of the City.
(2006 Code, sec. 28-10; Ordinance 09-05-797, sec. 2 (art. I, sec. 10), adopted 5/18/09; Ordinance 12-06-915, sec. 2, adopted 6/5/12; Ordinance 17-04-1036 adopted 4/18/17; Ordinance 19-06-1130 adopted 6/18/19; Ordinance 22-06-1268 adopted 6/21/22)
(a) 
Flags, emblems and insignia of a governmental entity are allowed.
(b) 
Special-purpose temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution are allowed one such construction sign and one such future location sign per street adjacent to the construction site or future location site. No such sign shall exceed 32 square feet in area nor extend higher than 15 feet as measured from ground level; provided that such signs are located on the premises where the construction or location being advertised is or will be occurring. Such signs shall be removed upon issuance of a certificate of occupancy.
(c) 
Special-purpose freestanding signs for the purpose of identifying the location of or direction to subdivisions or major homebuilder sites are allowed. Such signs shall be on-premises and shall not exceed 32 square feet in area, nor extend more than ten feet in height, or when located adjacent to a screening wall shall not extend more than 15 feet in height. A homebuilder with 25 lots or more qualifies as a major homebuilder. One such sign may be allowed for subdivisions, major homebuilders, sites or developments of 30 acres or less. One additional sign shall be allowed for each additional 30 acres. Permits for such signs may be granted for a maximum period of 12-month intervals, with such signs being removed upon 90 percent completion of the project. No such sign shall be located closer than 100 feet to a residential dwelling not within the subdivision.
(d) 
Off-premises special-purpose freestanding directional signs for the purpose of identifying the location of or direction to a subdivision within a residential zoning district are allowed under the following conditions:
(1) 
Such signs shall not advertise any site located outside the city limits;
(2) 
Such signs shall be located within a one-mile radius of the subdivision to which it pertains and shall not be located closer than 100 feet to a residential dwelling;
(3) 
Such signs shall not exceed 100 square feet in area, nor extend more than 15 feet in height;
(4) 
The maximum number of such signs shall not exceed one sign per 50 lots, or fraction thereof, nor a maximum of two signs per subdivision;
(5) 
No such off-premises special-purpose freestanding directional sign shall be erected closer than 100 feet from any other off-premises sign on the same side of the thoroughfare;
(6) 
Permits for such signs may be granted for maximum intervals of 12 months each with such signs being removed when 90 percent of the lots within the subdivision have been developed.
(e) 
Wind devices, heavier-than-air inflatables, and similar special-purpose signs promoting a single-family subdivision or multifamily complex shall be allowed a maximum single use period not to exceed 15 days, with a minimum period between permits of 30 days and a maximum number of three permits per year for a given subdivision or complex.
(f) 
Wind devices, heavier-than-air inflatables, and similar special-purpose signs promoting a retail or commercial establishment or center shall be allowed a maximum single use period not to exceed seven days with a minimum period between permits of 15 days and a maximum number of three permits per year for a given establishment or center.
(g) 
Signs that advertise sales, specials, grand openings, or other goods or services available within an establishment may be placed in windows using water soluble paint, appliques or other temporary and removable means provided that no such window sign may:
(1) 
Be located on the window surface in any manner that obscures more than 25 percent of the visible window area available in the absence of any signs; and
(2) 
Remain in place more than 30 days in any six-month period.
(h) 
One-time event signs in public right-of-way:
(1) 
A permit is required for display of all one-time event signs within any public right-of-way within the city. Permits for one-time event signs must comply with the following:
(A) 
Permits are good for a six-month period, beginning on January 1st each calendar year and ending on June 30th the same year or beginning on July 1st and ending on December 31st of the same year.
(B) 
Temporary one-time event sign permits are valid for three (3) days from the date of issuance. Five (5) temporary one-time event sign permits shall be provided at no cost to recipients of garage sale permits, valid for the same time period as the garage sale permit is valid. Temporary one-time event sign permits are only provided in conjunction with other permits issued by the city as provided by the Murphy Code of Ordinances.
(C) 
No person shall be issued more than five (5) permits during one six-month period.
(D) 
Each sign displayed under this section must have an individually-issued permit affixed to it the entire time for which the sign is displayed.
(E) 
A sign for which a permit is issued under this subsection may be displayed more than once, in accordance with this subsection, for each one-time event that the sign advertises during the six-month period for which the permit is valid. A new permit is not needed to reuse a sign that has a valid and current permit affixed to it.
(F) 
Permits are non-transferable.
(2) 
One-time event signs may be displayed within any public right-of-way between 5:00 p.m. Friday and 8:00 a.m. Monday. Such are prohibited in any public right-of-way at all other times.
(3) 
Signs shall not exceed four (4) square feet in area or three (3) feet in height.
(4) 
One-time event signs may not be displayed prior to forty-eight hours (48) of the start of the one-time event and must be removed within twenty-four (24) hours of the conclusion of the event.
(5) 
Signs shall not block a sidewalk, and cannot be mounted on utility poles, fences or any other permanent object found in a right-of-way.
(6) 
Signs mounted on skids, trailers or wheels, and signs with moving parts are prohibited.
(7) 
Signs may not be located in a center median and may not obstruct visibility at intersections or along the roadway.
(8) 
Any person who erects a sign in violation of this article; any person who is in care or control of private property for which a sign is placed in violation of this article; or any company or person that receives a benefit from a sign posted in violation of this article may be deemed guilty of a misdemeanor each day the sign remains in violation of this article.
(9) 
In addition to the issuance of citations, any sign posted in violation of this section may be impounded by the city. Signs may be claimed from city hall upon payment of a one-time administrative fee, in the amount prescribed by the fee schedule located in appendix A of this code. Any sign not claimed within seven days of impoundment will be discarded.
(2006 Code, sec. 28-11; Ordinance 09-05-797, sec. 2 (art. II, sec. 11), adopted 5/18/09; Ordinance 13-02-947, sec. 5, adopted 2/19/13; Ordinance 19-06-1131, sec. 4, adopted 6/18/19)
Movement control signs may be erected at any activity or on any site, other than a single-family or duplex premises, may be attached or freestanding, and may be erected without limit as to number; provided that such signs shall comply with other applicable requirements of this article, and:
(1) 
Freestanding movement control signs shall not exceed six square feet in effective area and shall not exceed three feet in height.
(2) 
If a movement control sign is an attached sign, the letters shall not exceed four inches in height and the sign area shall not exceed six square feet.
(3) 
The signs must contain no advertising or identification message.
(2006 Code, sec. 28-12; Ordinance 09-05-797, sec. 2 (art. I, sec. 12), adopted 5/18/09)
A site may not contain more than two protective signs and one additional protective sign per site for every 450 linear feet abutting a public street, in accordance with the following provisions:
(1) 
Each sign shall not exceed 100 square inches in area;
(2) 
Freestanding signs shall not exceed two feet in height;
(3) 
Letters shall not exceed four inches in height.
(2006 Code, sec. 28-13; Ordinance 09-05-797, sec. 2 (art. I, sec. 13), adopted 5/18/09)
A site may contain on-premises attached or freestanding signs for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions:
(1) 
Signs advertising the sale or lease of residential property shall not exceed eight square feet in area nor five feet in height. The number of such signs shall be limited to one per lot or complex where such lot or complex abuts one street; one additional sign shall be allowed for each additional street.
(2) 
Signs advertising the sale or lease of a business property shall not exceed 32 square feet in area or eight feet in height.
(3) 
Permits for such signs may be granted for a maximum period of 12-month intervals.
(2006 Code, sec. 28-14; Ordinance 09-05-797, sec. 2 (art. I, sec. 14), adopted 5/18/09; Ordinance 13-02-947, sec. 6, adopted 2/19/13; Ordinance 15-06-994, sec. 2, adopted 6/2/15)
Kiosk signs provide a uniform, coordinated method of providing homeowners, developers and municipalities a means of utilizing directional signs, while minimizing the negative impacts to the city and its residents. Kiosk signs shall be used for homebuilder, developer and subdivision directional signage. Kiosk signs shall also provide service to the public on directions to municipal facilities and parks. Kiosk signs must meet the following regulations:
(1) 
Procedures for installing kiosk sign.
(A) 
The city council may, pursuant to a duly executed services contract, grant to a person or company (a “contractor”) the right to design, erect, and maintain kiosk signs within the city and administer the kiosk program as set forth by that contract.
(B) 
Kiosk signs shall be constructed, installed and maintained by the city or a contractor authorized by the city under a contract and may be moved or removed at any time by a decision of the city council.
(C) 
Once a services contract is approved by the city council, the contractor shall submit a map, elevations, and any other documentation deemed necessary by city staff, showing the location and design of the proposed kiosk signs to the city manager or his designee. Upon review of the map, elevations, and any other applicable documentation, the city manager shall make a recommendation to the city council as to whether the location and design of the proposed kiosk signs should be approved, denied, or modified.
(D) 
The city council may approve, deny, or approve with modifications the location and design of the proposed kiosk signs as shown on the map, elevations, and other applicable documentation. Modifications include, but are not limited to, modifications of the color of, or materials used in, the sign panels. No party may erect a kiosk sign without city council approval of the location and design of the kiosks.
(E) 
The contractor must comply with all permitting requirements set forth in the city’s Code of Ordinances.
(2) 
Location.
Although the city council has the authority to determine where kiosk signs may be located, locations must at least meet the following criteria:
(A) 
The location of kiosk signs must not create traffic hazards. The obstruction of the visibility of motorists, pedestrians, or traffic-control signs will constitute a type of traffic hazard. The city manager or his designee shall review the location of each proposed kiosk sign. A kiosk sign shall not be installed if the city manager or his designee determines that the location of the proposed sign would create a traffic hazard.
(B) 
The location of kiosk signs must not interfere with the general use of, and handicap accessibility of, sidewalks, walkways, and bike and hiking trails.
(C) 
The location of kiosk signs must not interfere with any public utilities or be located in a utility easement.
(D) 
Kiosk signs must not be located within a sight visibility triangle.
(E) 
A kiosk sign must be located at least 100 feet from all other kiosk signs, including signs located across a street from each other.
(F) 
Kiosk signs must not be located within a median.
(G) 
Kiosk signs must be located at least five feet from the edge of a curb or pavement line, which includes improved surfaces and shoulders.
(3) 
Design.
Although the city council has the authority to determine which designs are appropriate, designs must at least meet the following criteria:
(A) 
Kiosk signs shall be ladder type with individual sign panels of uniform height.
(B) 
At least two sign panels on each kiosk sign must provide directions to a municipal facility or provide information about an upcoming city-sponsored event.
(C) 
Kiosk signs may not exceed 12 feet in height and four feet in width.
(D) 
Kiosk signs must include breakaway design features as required by the state department of transportation’s (TxDOT) sign mounting details for roadside signs. Break-away fittings must be installed below grade or concealed from public view in another manner approved by the city council through the building inspections department.
(E) 
The font and color of the kiosk sign must be uniform throughout the entire sign.
(F) 
Kiosk signs shall not be illuminated.
(G) 
There must be an identification panel at the top of each kiosk sign that displays only the name and official logo of the city.
(H) 
No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to kiosk signs.
(I) 
Phone numbers and addresses are not allowed to be displayed on the sign panels.
(4) 
Variances.
The city council may authorize a variance to the kiosk sign procedures or regulations set forth in this article.
(2006 Code, sec. 28-16; Ordinance 09-05-797, sec. 2 (art. I, sec. 16), adopted 5/18/09; Ordinance 13-02-947, sec. 7, adopted 2/19/13)
Nothing in this article shall be construed to prevent or affect the display of a national or state flag, or to limit flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Nothing in this article shall be construed as affecting or limiting the city from displaying signs upon city rights-of-way and city property.
(2006 Code, sec. 28-17; Ordinance 09-05-797, sec. 2 (art. I, sec. 17), adopted 5/18/09)
The building official shall not issue a permit for construction, erection, placement, or maintenance of a sign until a site is established for the sign.
(2006 Code, sec. 28-18; Ordinance 09-05-797, sec. 2 (art. I, sec. 18), adopted 5/18/09)
It shall be a rebuttable presumption that a sign was erected, placed, displayed or maintained by the person identified on the sign by name, address, telephone number, or other identifying characteristics, or to whose benefit the sign directly contributes.
(2006 Code, sec. 28-19; Ordinance 09-05-797, sec. 2 (art. I, sec. 19), adopted 5/18/09)
(a) 
The provisions of this section [sections 26.02.022 through 26.02.024] apply to all signs in business zoning districts unless the sign is within 25 feet of either a residential zoning district boundary or a public park of more than one acre.
(b) 
Signs within 25 feet of either a residential zoning district boundary or a public park of more than one acre shall be governed by the provisions applicable to signs in residential zoning districts.
(2006 Code, sec. 28-20; Ordinance 09-05-797, sec. 2 (art. I, sec. 20), adopted 5/18/09)
Monument signs are permitted in business zoning districts as follows:
(1) 
Number of signs.
(A) 
Only one monument sign of any type may be erected on any site’s thoroughfare frontage, not to exceed two signs per site.
(i) 
Signs not exceeding 16 square feet and not exceeding six feet in height are allowed for an activity providing engine fuel sales which advertise prices of fuel on the premises. No activity shall have more than one such sign per street front. In no case shall such sign be monument.
(2) 
Setback.
(A) 
Freestanding signs of a sign area of 50 square feet or less may be located as near as five feet to the public right-of-way.
(B) 
No part of a freestanding sign shall be closer than 25 feet measured radially to another freestanding sign on an adjacent sign site, nor shall any part of a freestanding sign on the same site be closer than 100 feet radially to another freestanding sign on that same sign site.
(3) 
Size, height and building materials.
(A) 
No freestanding sign shall exceed 50 square feet in sign area or seven feet in height except as herein provided.
(B) 
Freestanding signs may incorporate embellishments or cut-outs, provided that they shall not exceed 20 percent of the area of the sign face and that they shall not extend beyond the sign face a distance exceeding 18 inches as measured horizontally.
(C) 
Every monument sign shall be required to have a minimum one-half-foot masonry base, measured from grade level to the bottom of the sign area. Every monument sign shall be required to have a minimum six-inch masonry border on each side of the sign area. A minimum six-inch masonry cap is allowed above the sign area; however, it is not required. If the masonry cap option is not chosen, the maximum height of the sign structure shall be limited to seven feet. All monument signs will require engineer sealed drawings.
(D) 
Building materials and colors utilized for construction of monument bases, side borders, caps, and sign frames shall be constructed of the same materials found on the main building on the lot, unless otherwise approved by the city council.
(E) 
If the proposed sign is to be constructed on a lot with an existing building which does not contain a masonry facade, the materials used for the monument base, side borders and cap must be stone or brick.
(4) 
Off-premises signs.
Off-premises signs are prohibited.
(2006 Code, sec. 28-22; Ordinance 09-05-797, sec. 2 (art. I, sec. 22), adopted 5/18/09; Ordinance 13-02-947, sec. 8, adopted 2/19/13)
Attached signs are permitted in business districts in accordance with the following provisions:
(1) 
Sign area.
(A) 
The sign area of an attached sign shall have a maximum square footage of two (2) times the width of the occupant space as measured along main entrance or frontage.
(B) 
The sign area for attached signs on multi-story buildings shall be two (2) times the width of the main building frontage. The sign area for attached signs on tenant spaces within a multi-story building which has a public entrance shall be allowed per the requirements in subsection (A).
(2) 
Location, height and number.
(A) 
Where an activity is located on the first story of a multi-story building, an attached sign may not project above the floor level of the second story.
(B) 
Where an activity is located above the first story of a multi-story building, an attached sign may not project above the floor that is located immediately above the floor upon which the activity is located.
(C) 
No attached sign shall project a distance greater than eighteen (18) inches from the architectural element to which it is affixed.
(D) 
No more than two (2) attached signs shall be allowed per tenant space.
(E) 
No rear facing attached signs shall be within one hundred (100) feet of a residential zoning district.
(F) 
Attached signs may be illuminated as allowed by applicable ordinances; however, illuminated attached signs on side and rear building facades shall be prohibited unless facing a nonresidential zoning district.
(2006 Code, sec. 28-23; Ordinance 09-05-797, sec. 2 (art. I, sec. 23), adopted 5/18/09; Ordinance 17-04-1037 adopted 4/18/17)
Window signs in the use districts, where permitted, do not require a sign permit and do not require approval by any municipal agency prior to erection. In no event may signs be located on the window surface internally or externally in any manner to obscure more than 25 percent of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the 25 percent visibility shall be maintained for the total window area on such street or sidewalk. Specifically, window signs shall include:
(1) 
Signs painted on the external or internal surface of the window of an establishment in commercial or retail districts with water-durable paint on external surfaces.
(2) 
Signs (except posters), banners or displays located on the internal surface of the window of an establishment in commercial or retail districts only.
(3) 
Posters, providing such posters are not located on the external surface of the window.
(4) 
Decorations intended to direct attention to and stimulate citizens’ interest in public events, providing such signs are painted on the external surface of the window and a 25 percent visibility requirement is maintained.
(5) 
Signs attached to the external surface of a window of a retail or commercial establishment if of water-durable paint or noncombustible material and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of such retail or commercial establishment.
(2006 Code, sec. 28-24; Ordinance 09-05-797, sec. 2 (art. I, sec. 24), adopted 5/18/09)
(a) 
No portion of an illuminated sign shall have a luminance greater than 200 footcandles.
(b) 
No sign nor part of any sign in a residential zoning district shall move, flash, rotate or change its illumination or copy. A sign may have interchangeable letters as defined in “Sign, marquee” but must meet all the requirements of either the attached or freestanding sign provisions.
(c) 
An occupant in residential zoning districts may erect only special-purpose signs and special-purpose political signs, and premise signs, which include movement control signs and protective signs. Temporary holiday decorations are permitted. Nameplates less than one square foot, security signs and child recognition signs are allowed.
(d) 
(1) 
The planning and zoning commission may permit the erection of signs on any legally erected structure in any single-family and patio home residential subdivisions. The maximum sign area of such signs shall not exceed 40 square feet. The maximum number of signs permitted for each subdivision shall be two signs per street entrance into the platted subdivision area. The sign height, maximum sign area, location on the site, words, setbacks, a graphic presentation of the sign, and number of signs per subdivision shall be prominently indicated on the plans submitted to the planning and zoning commission.
(2) 
Exception: Building inspection may issue permits on subdivision signs according to the above-mentioned criteria and the following:
(A) 
The signs are attached to screening walls which are not in the right-of-way (ROW).
(B) 
The signs are not illuminated.
(e) 
Homeowners’ association and crime watch meeting and alert signs not exceeding two and one-half feet in height nor two square feet in area may be placed on public property at the entrances of the homeowners’ association and crime watch areas on the week of the meeting or alert and must be removed the following day by 12:00 p.m.
(2006 Code, sec. 28-26; Ordinance 09-05-797, sec. 2 (art. I, sec. 26), adopted 5/18/09; Ordinance 13-05-950, sec. 4, adopted 5/7/13)
Multifamily and nonresidential sites in residential zones may have monument signs subject to the following restrictions:
(1) 
Number of signs.
Each site may have a monument sign for each 500 feet of frontage along a street, other than an alley. In no case shall such site have more than two monument signs.
(2) 
Setback, sign area and height.
A minimum setback of five feet is required of all monument signs. A minimum setback of ten feet from the public right-of-way is required for signs exceeding ten square feet in sign area or 15 feet in height. A minimum setback of 20 feet is required for all signs exceeding 20 square feet in sign area or 20 feet in height. No monument sign shall exceed 50 square feet in sign area or 25 feet in height.
(3) 
Every monument sign shall be required to have a minimum one-half-foot masonry base, measured from grade level to the bottom of the sign area. Every monument sign shall be required to have a minimum six-inch masonry border on each side of the sign area. A minimum six-inch masonry cap is allowed above the sign area; however, it is not required. If, the masonry cap option is not chosen, the maximum height of the sign structure shall be limited to seven feet. All monument signs will require engineer sealed drawings.
(4) 
Building materials and colors utilized for construction of monument bases, side borders, caps, and sign frames shall be constructed of the same materials found on the main building on the lot, unless otherwise approved by the city council.
(5) 
If the proposed sign is to be constructed on a lot with an existing building which does not contain a masonry facade, the materials used for the monument base, side borders and cap must be stone or brick.
(2006 Code, sec. 28-27; Ordinance 09-05-797, sec. 2 (art. I, sec. 27), adopted 5/18/09; Ordinance 13-02-947, sec. 9, adopted 2/19/13)
Attached signs are permitted for multifamily premises and nonresidential uses in residential zoning districts and are subject to the provisions of the section governing attached signage in business districts.
(2006 Code, sec. 28-28; Ordinance 09-05-797, sec. 2 (art. I, sec. 28), adopted 5/18/09)
(a) 
Generally.
The building official is hereby authorized and directed to enforce all the provisions of this code.
(b) 
Right of entry.
(1) 
Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code; provided that, if such building or premises be occupied, he shall first present proper credentials and request entry, and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
(2) 
When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this article.
(c) 
Stop orders.
Whenever any work is being done contrary to the provisions of this article, the building official may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work.
(2006 Code, sec. 28-29; Ordinance 09-05-797, sec. 2 (art. I, sec. 29), adopted 5/18/09)
(a) 
Permit required.
No person, firm or corporation shall erect, construct, alter, rebuild, enlarge, extend, convert, maintain, replace, relocate, remove or demolish a sign or alter or change words or rearrange neon tubing on a sign or cause the same to be done without first obtaining a separate sign permit for each sign.
(b) 
Signs exempt from permitting.
The following type of signs are exempted from permitting:
(1) 
The changing of words on a sign that is designed with interchangeable words.
(2) 
Normal maintenance to replace worn parts and repainting deteriorated paint without word change.
(3) 
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(4) 
Government signs such as flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies.
(5) 
Special-purpose political signs.
(6) 
Non-illuminated temporary construction signs.
(7) 
Signs painted directly on internal or external window surfaces.
(8) 
Non-illuminated movement control signs not exceeding six square feet in effective area, or three feet in height.
(9) 
Non-illuminated freestanding protective signs not exceeding 100 square inches in effective area, or two feet in height.
(10) 
Non-illuminated on-premises signs advertising the sale or lease of a non-business property not exceeding eight square feet in effective area or five feet in height.
(11) 
Non-illuminated on-premises freestanding signs advertising the sale or lease of a business property.
(12) 
Homeowners’ association and crime watch meeting and alert signs.
(c) 
Other required permits.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.
(d) 
Application for permit.
To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. Every such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made.
(2) 
Describe the land on which the proposed work is to be done by zoning, lot, block, tract, subdivision, and street address, or similar description that will readily identify and definitely locate the proposed work.
(3) 
Be accompanied by a notarized authorization from the owner of the property when required by the building official.
(4) 
Be accompanied by plans and specifications as required in this code and all applicable laws and ordinances.
(5) 
State the valuation of the proposed work.
(6) 
Be signed by the applicant, or an authorized agent, who may be required to submit evidence to indicate such authority.
(7) 
Give such other information as reasonably may be required.
(e) 
Plans and specifications.
With each application for a permit, not less than two sets of plans and specifications shall be submitted, and all drawings, specifications and accompanying data shall bear the name and address of the designer. The structural design of monument signs in excess of seven feet in height shall be prepared and designed by an engineer licensed by the state.
(f) 
Permit fees.
The fee for such permit shall be as prescribed by the fee schedule located in appendix A of the Code of Ordinances.
(g) 
Expiration of permit.
Every permit issued under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of more than 120 days. Before such work can be recommenced, a new permit shall be first obtained.
(h) 
Special-purpose/builder sign renewal.
If previously permitted sign has not been moved or altered in any way, a sign permit renewal request, photo or artwork of sign and appropriate fee payment are required.
(i) 
Suspension or revocation of permit.
The city manager or his designee may, in writing, suspend or revoke a permit issued under provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law or ordinance.
(j) 
Refund of fees.
There shall be no refunds of sign permit fees paid under the terms of this code, except for the following:
(1) 
When it is determined that a sign permit was issued due to an error, a full refund may be authorized by the city manager or his designee.
(k) 
Inspections.
All signs for which a permit is required shall be subject to inspection by the building official.
(1) 
Pre-inspection.
The building official, upon receipt of an application for permit for a sign, may make a pre-inspection. The application, plans and specifications, and other data, filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this article and other pertinent laws and ordinances, and that the fees specified in paragraph (f) herein have been paid, he shall issue a permit therefor to the applicant.
(2) 
Final inspection.
The building official, upon the call of the permit holder, shall make a final inspection after the work is completed. All requests for final inspection shall be made at least 24 hours before the inspection is desired.
(3) 
Responsibility of contractor.
It shall be the responsibility of the contractor to ensure that each necessary inspection is requested from the building official and to ensure that subsequent stages of construction are not started until said inspection has been conducted and approved. This also includes all subcontractor types of inspections such as electrical, mechanical, plumbing, etc. If it is found, upon inspection by the city, that a contractor has completed a sign without having obtained the necessary inspections and approvals, future permits shall be denied to that contractor pending completion and approval of said inspections.
(2006 Code, sec. 28-30; Ordinance 09-05-797, sec. 2 (art. I, sec. 30), adopted 5/18/09; Ordinance 13-02-947, sec. 10, adopted 2/19/13)
(a) 
Construction generally.
All signs and their supports shall be built, constructed and erected in conformance with the requirements of all laws and ordinances.
(b) 
Structural standards.
Signs shall comply with the design standards of the International Building Code as adopted by the city.
(c) 
Electrical wiring and connections.
Signs in which electrical wiring and connections are used shall comply with the requirements of the electrical code of the city.
(d) 
Plumbing or mechanical devices.
Signs in which plumbing or mechanical devices are used shall comply with the requirements of the plumbing and mechanical codes of the city.
(e) 
Materials.
The type of materials used in the construction, wiring, plumbing or mechanical portion of the sign shall conform to the structural codes of the city (building, electrical, mechanical and plumbing codes).
(f) 
Protection of electrical devices; clearance from conductors.
Electrical devices within reach of persons on public property shall be protected by wire glass, safety glass, locked box of metal or wood, or other approved methods. No sign shall be erected nearer than two feet from any telephone cable, electrical streetlight standard, electrical power poles, or electrical power distribution lines when voltage between conductors is less than 300 volts. If the voltage between conductors is 300 volts or greater, clearances shall be maintained as follows:
Voltage of Conductors
Horizontal Clearance
(Feet)
Vertical Clearance
(Feet)
300 to 8,700
3
8
8,700 to 15,000
8
8
15,000 to 50,000
10
10
50,000 +
10 plus 9.5 inch per kv in excess
10 plus 0.5 inch per kv in excess
Note: For spans greater than 150 feet, refer to the National Electrical Safety Code.
(g) 
Clearance from fire escapes, exits or standpipes.
No sign or its supports shall be erected in such a manner which will interfere in any way with the use of any fire escape, exit or standpipe. No sign or its supports shall be attached to a standpipe or fire escape.
(h) 
Obstruction of openings in buildings.
No sign or its supports shall obstruct any required openings to such an extent that light or ventilation is reduced below that required.
(i) 
Weatherproofing.
All signs shall be constructed so as to prevent the accumulation of water.
(j) 
Conflicting regulations.
In the event of a conflict between any applicable ordinance of the city, then the most restrictive code requirements shall apply.
(k) 
Materials.
All freestanding signs shall be constructed of materials that are noncombustible or slow burning (as in the case of plastic insert of facings) and shall be supported by noncombustible material only and finished in a presentable manner. Untreated wood or unpainted or non-galvanized steel supports are specifically prohibited.
(2006 Code, sec. 28-31; Ordinance 09-05-797, sec. 2 (art. I, sec. 31), adopted 5/18/09)
(a) 
Maintenance of signs.
Except as provided in subsections (d) and (e) of this section, any sign or portion of a sign or sign support determined by the city to be unsafe or unsecured, a menace to the public, becomes dangerous to life, limb or property, or an obstruction to the use of any sidewalk or roadway, or interferes with the operation of the fire department, or in such condition as to be considered dilapidated, deteriorated or otherwise unsightly, and therefore prejudicial to the public welfare, shall be repaired, maintained, or removed.
(b) 
Removal of signs.
If the building official determines that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, written notice shall be given to the person responsible for the sign. The permit holder, owner, agent, or person having the beneficial use of the premises shall remove or repair the sign within thirty (30) days after the notice. The city may remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property.
(c) 
If the sign or structure is not secured, repaired, removed, or demolished within the allotted time of thirty (30) days of written notice of violation, the city may:
(1) 
Do the work or make the improvements required; and
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(3) 
Work may be done or improvements made provided that notice has been given:
(A) 
Personally to the owner in writing;
(B) 
By certified mail with five-day return requested addressed to the owner at the owner’s post office address; or
(C) 
If personal service cannot be obtained or the post office address is unknown:
(i) 
By publication at least twice in a period of ten consecutive days;
(ii) 
By posting the notice on or near the front door of a building on the property to which the violation relates; or
(iii) 
By posting notice on a placard attached to a stake driven into the ground of the property to which the violation relates, if the property contains no buildings.
(4) 
The city hereby assess the expenses incurred pursuant to this subsection (c) against the real estate on which the work is done or improvements are made, and charge the owner for the same.
(5) 
In the event the owner fails or refuses to pay the expenses within thirty (30) days after the first day of the month following the one in which the work was done, the city shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of expenses so incurred.
(6) 
The lien is security for the expenditures made and interest accruing at the rate of ten percent per annum beginning 180 days after payment by the city.
(7) 
When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(d) 
Nonconforming signs.
Except as provided in this subsection, any sign which is designated by the building official a nonconforming sign, as defined, shall be permitted to be continued as a nonconforming sign unless such sign is made a conforming sign. Any nonconforming sign which is destroyed, deteriorated, or dilapidated to such extent that the cost of repairing the sign to a condition acceptable by the building official is more than 60 percent of the cost of erecting a new sign of the same type at the same location shall be removed.
(e) 
Illegal signs.
Illegal signs shall be immediately removed upon written notice by the city.
(f) 
Time limit.
Except as provided in subsection (e) above, any sign which is required by this section to be removed, relocated, or repaired shall be removed, relocated or repaired at the expense of the owner within thirty (30) days of a notice given by the building official. Any such sign not removed, relocated, or repaired within this time limit may be removed by the building official at the expense of the owner of such sign. Notice, work, assessment of expenses, and establishment of a lien as outlined in subsection (c) above shall apply.
(2006 Code, sec. 28-32; Ordinance 09-05-797, sec. 2 (art. I, sec. 32), adopted 5/18/09; Ordinance 13-02-947, sec. 11, adopted 2/19/13; Ordinance 22-05-1263 adopted 5/17/22)
(a) 
Recommendation of variances.
The planning and zoning commission may, for a particular site, recommend variances and exceptions with respect to the provisions of this article.
(b) 
Approval of variance request; hearing by city council.
When the commission is ready to act upon the variance or exception request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or denial of the request. If the commission’s recommendation is to approve the request, either as submitted or with additional conditions, then the request will be automatically forwarded to the city council for a second public hearing thereon.
(c) 
Denial of variance request.
When the planning and zoning commission denies a request for a variation or exception to the standards set forth in this article, a hearing before the city council shall be set only if a written appeal is filed by the applicant with the city manager or his/her designee within 15 days of the date of the denial.
(d) 
Recommendations for amendments.
The planning and zoning commission shall recommend to the city council legislation for amendments to this code in keeping with technological progress with respect to public health, safety and welfare.
(e) 
Appeal of actions of building official.
The planning and zoning commission may hear and decide appeals which allege error in any order, requirement, decision or determination made by the building official in the enforcement of this article.
(f) 
Abandoned or hazardous nonconforming signs.
The planning and zoning commission may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the city or to be removed when, from the evidence presented, the commission finds the sign to be hazardous to the public or to have been abandoned by its owners.
(g) 
Considerations in granting variance.
The planning and zoning commission, in considering an application for a variance, shall consider to what extent, if any, the site for which the applicant seeks a variance differs from adjoining sites, the extent that the hardship or inequity claimed by the applicant is self-created or based upon financial need of the applicant, and the adverse effects that the granting of a variance may or would create.
(h) 
Variance request after denial or withdrawal.
To promote the stability and well-being of the community and offer certainty to the city’s citizens regarding variance decisions, the filing of an application for a variance for a particular parcel of property shall not be allowed if a similar variance request on the same parcel was denied by the city council or the variance request was withdrawn after the giving of public notice. An applicant may file an application for a variance after denial or withdrawal if the city manager or his designee determines that circumstances related to the prior denial or withdrawal have substantially changed such that a new variance request is materially different from the prior request.
(2006 Code, sec. 28-33; Ordinance 09-05-797, sec. 2 (art. I, sec. 33), adopted 5/18/09; Ordinance 15-06-994, sec. 3, adopted 6/2/15)
The planning and zoning commission shall hold a public hearing on any proposed amendment or supplement to this article. After the public hearing is closed, the planning and zoning commission shall immediately make its recommendation and report to the city council. At least 15 days’ notice of the time and place of such hearing shall be published in a newspaper having a general circulation in the city.
(2006 Code, sec. 28-34; Ordinance 09-05-797, sec. 2 (art. I, sec. 34), adopted 5/18/09)
(a) 
Any sign which the building official determines no longer serves a bona fide use or purpose on a lot with or without a structure, shall be removed by the owner, agent or person having the beneficial use of the land, buildings, or structure upon which such sign is located within thirty (30) days after written notification to do so from the building official. Upon failure to comply with such notice, the building official is hereby authorized to cause the removal of such obsolete sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.
(b) 
If the sign or structure is not removed or demolished within the allotted time, the city may vacate, secure, remove or demolish the sign or structure at its own expense, and may thereafter assess expenses, and establish a lien, against the property, as set forth in section 26.02.033(c).
(Ordinance 22-05-1263 adopted 5/17/22)