City of Odessa, TX: Sign regulations.

The districts in which the various types of signs are permitted are indicated by the schedule of uses, 14-2-2.8.

General provisions.

A sign permit issued by the building official shall be required prior to the erection, repair, alteration or relocation of a sign as provided in subsections 14-10-1(2) and 14-10-1(3) except for routine maintenance or repair and/or replacement of sign faces. Acceptance of the permit shall require compliance by the applicant with all requirements of the city’s construction codes.

(B)

Any sign requiring a permit incorporating any electrical lighting or wiring shall be repaired or improved by someone who is licensed and bonded for electrical work in the City of Odessa.

(C)

No sign shall be located so as to obstruct the vision or sight distance of motor vehicle operators or pedestrians at any street intersections, drive entrances and exits or any other point of traffic concentrations.

(D)

No sign shall be maintained within the triangular visibility clearance area formed by the intersecting street lines and a straight line connecting such street lines at points twenty-five (25) feet from the point of intersection measured along such street lines. No signs shall be maintained within the triangular area formed by the intersecting of driveway lines and street lines at points fifteen(15) feet from the point of intersection measured along such driveway and street lines. (See figure 5)

(E)

Square footage for freestanding signs may be increased by providing additional setback distance from the street frontage at the rate of two (2) square feet (over the fifty-five (55) percent maximum allowed size) for every one (1) foot of setback distance provided, but in no case shall the total business signs area exceed the maximum allowed for the different uses as specified in section 14-10-1(4)(A)–(D).

(F)

Freestanding signs shall maintain a minimum of nine (9) feet ground clearance area that will not exceed in width fifty (50) percent of the total width (horizontal) of the sign (see figure 4). The nine (9) feet ground clearance area could be reduced by 10.8 inches for every one (1) feet of sign setback, and could be increased in width over the maximum allowed of fifty (50) percent, by five (5) percent for every one (1) foot of sign setback. The maximum height for ground signs measured from the average grade shall be four (4) feet. Any sign that does not meet the nine (9) feet ground clearance area shall meet the requirement for ground signs. A ground sign can be raised in height one (1) foot for every two (2) feet in sign setback.

(G)

Banners shall be allowed as additional attached signage if placed on private property advertising a temporary special sales event or grand opening. These banners shall not be used for a period that exceeds thirty (30) days.

(H)

Each business is entitled to four (4) advertising flagpoles, per street frontage, with height not to exceed the maximum allowed height in each zoning district (see section 14-8-1). All poles shall be located entirely on private property and are not allowed to encroach into the public right of way. Placement of the advertising poles authorized under this section is not to exceed sixty (60) consecutive days per use and thirty (30) days must elapse before the next use of the signs.

(I)

Billboard signs may be of the freestanding, wall or roof type. Freestanding billboard signs shall not exceed thirty-five (35) feet in height and roof or wall signs shall not exceed the height of the building on which such signs are attached or located and all billboard sign structures shall observe the same yards and setbacks required for buildings or other structures in the district on which they are located. No billboard sign shall be located nearer than one hundred twenty-five (125) feet to any residential district boundary line. Billboard signs shall not consist of more than two (2) panels and each such sign installation shall be separated from any other billboard sign installation by the following minimum distances: All billboards shall not be located closer than 500' to any other billboard sign. (For additional information see section 14-10-1(2)–(3).)

(i)

Electronic billboard signs may be of the freestanding type. Freestanding electronic billboard signs shall not exceed thirty-five (35) feet in height, except electronic billboards located on property fronting on Interstate Highway 20, which shall have a maximum height of 42-1/2 feet. All signs must be placed in compliance with state and federal regulations, even if more restrictive than the foregoing regulations.

(ii)

Electronic billboards shall observe the same yards and setbacks required for buildings or other structures in the district on which they are located.

(iii)

No electronic billboard sign shall be located nearer then three hundred (300') feet to any residential district boundary line.

(iv)

Electronic billboard signs shall not consist of more than one (1) panel per side and each sign installation shall be separated from any other billboard sign installation by the following minimum distances:

All electronic billboards shall not be located closer than 700' to any other electronic billboard and 500' to any traditional billboard. (For additional information see section 14-10-1(2), (4).)

(v)

A legal nonconforming billboard may be modified to an electronic billboard. However the following additional conditions must be met:

Removal of another existing legal nonconforming billboard.

Electronic billboard shall not be operated between the hours of 10:00 p.m. to 6:00 a.m. if it is within 300' of a residential district boundary line. Hours of operation to be continuous to accommodate emergency situations.

(vi)

An electronic billboard shall display static messages only that should maintain a hold time of at least eight (8) seconds and each message change must be accomplished within two (2) seconds or less and must occur simultaneously on the entire sign face.

(vii)

The sign shall not be configured to resemble or simulate a warning or danger signal or any official lights or signs used to control traffic. The sign shall not display light of such intensity to cause glare on adjacent property, impair vision, or otherwise result in a nuisance to the public. The sign shall come equipped with automatic dimming technology which automatically adjusts the sign’s brightness based on surrounding light conditions.

(viii)

The electronic billboard sign must contain a default mechanism that will freeze the sign in one position if a malfunction occurs.

(ix)

Upon notification from proper law enforcement agencies, public safety or emergency management authorities, the sign operators shall display emergency information, public service announcements and other safety alerts.

(J)

A temporary construction sign shall expire with the completion of the project and such sign shall be removed within thirty (30) days of the issuance of a certificate of occupancy.

(K)

A temporary project sign shall be removed at the completion of the project or within three (3) years of the date of erection of the sign, whichever occurs earlier.

(L)

One face of a V-type sign shall be measured for area signage, provided that only one face can be viewed from any one direction from a public street and the angle between the faces not to exceed sixty (60) degrees. (See figure 1b)

(M)

Municipal board.

(i)

The City of Odessa shall appoint a municipal board on sign control as required by chapter 216 of the Local Government Code. This board shall be responsible for determining the compensation required for the removal of any sign within the City of Odessa, if compensation is required by state law.

(ii)

The board shall be composed of:

Two real estate appraisers registered with the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers;

One person engaged in the sign business in the municipality;

One employee of the state department of highways and public transportation who is familiar with real estate valuations in eminent domain proceedings; and,

One architect or landscape architect licensed by this state. (A member of the board is appointed for a term of two (2) years.)

(N)

The decision to remove a sign that is illegal or nonconforming shall be made by the municipal board provided sufficient funds have been appropriated by the city council. The priority of signs to be removed shall be based on aesthetics, traffic safety, the conditions that exist on surrounding property, the condition of the sign, the illegal or nonconforming status of the sign, and the cost to remove or to relocate the sign.

(2)

Permanent type signs.

	Type Sign	Maximum Area	Zone Permitted	Specific Standards
1.	Apartment or housing project identification sign (including mobile home projects)	40 square feet if wall type 20 square feet if freestanding	Permitted in any district where special housing types or special housing arrangements or apartments are permitted	One per street frontage See 14-19-1(d)(1) Sign permit is required
2.	Apartment or housing project informational signs	Maximum of 2 square feet of sign per building unit within the complex	Permitted in any district where special housing types or special housing arrangements or apartments are permitted	See 14-19-1(d)(2) Sign permit is required
3.	Billboard sign	700 square feet	Permitted in HC, LI and HI districts	See 14-19-1(d)(6) Sign permit required
4.	Electronic billboard	700 square feet	Permitted in HC, LI, HI and PD districts	See 14-19-1(d)(7) sign permit required
5.	Directional sign	6 square feet	Permitted in all nonresidential districts	See 14-10-1(8) and 14-19-1(d)(13) Sign permit is required
6.	General business sign	See 14-10-1(3)	Permitted in P, NS, O, MC, R, R-1, LC, HC, CB-1, CB-2, LI and Hi districts and as specified in the PD ordinance	See 14-19-1(d)(16) and 14-10-1(4) Sign permit is required
7.	Institutional identification sign	32 square feet	Permitted in all districts where institutions are allowed	One per street frontage See 14-19-1(d)(20) Sign permit is required
8.	Institutional information sign	2 square feet of signage for each 15 lineal feet of street frontage	Permitted in all districts where institutions are allowed	See 14-19-1(d)(21) Sign permit is required
9.	Name plate (residential)	2 square feet	Permitted in all districts	One per residential dwelling unit
10.	Neighborhood crime watch informational sign	6 square feet in all residential districts	Permitted in all districts	Allowed only at street intersections and street/alley intersections. No more than two crime watch signs per intersection, and not in the public right-of-way
11.	Office identification sign	See section 14-10-1(4)(B), (D) and (G)	Permitted in all districts where office use is allowed	See 14-19-1(d)(24) and 14-10-1(4)(G) Sign permit is required
12.	Portable sign	35 square feet	Permitted in O, MC, P, NS, R, R-1, LC, HC, CB-1, CB-2, LI, and HI districts	See article 3-14 of the City of Odessa Code of Ordinances

(3)

Temporary type signs.

	Type sign	Maximum	Zone Permitted	Specific Standards
1.	Banners	N/A	GR, MF-1, MF-2, MHE, and all nonresidential districts	See 14-19-1(d)(5) and 14-10-1(1)(G)
2.	Construction Sign	100 Square Feet	Permitted in all districts	See 14-19-1(d)(11)
3.	Development Sign	200 Square Feet	Permitted in all districts	See 14-19-1(d)(12)
4.	Other Noncommercial Signs	See 14-10-4	Permitted in all districts	See 14-10-4(a)–(f)
5.	Political Sign	See 14-10-4	Permitted in all districts	See 14-10-4 and 14-19-1(d)(25)
6.	Real Estate Sign	10 Square Feet in all residential districts 40 Square Feet in all nonresidential districts	Permitted in all districts	See 14-19-1(d)(28)

(4)

Business (retail and office) signs may be of the freestanding, wall, sloping roof, or canopy type. Freestanding business signs may increase their height by one (1) additional foot (above the thirty (30) feet maximum allowed height) for each five (5) feet of setback from property line. Highway oriented signs, section 14-10-1(5), may increase their height by one (1) additional foot (above the fifty (50) feet maximum allowed height) up to a maximum height of seventy (70) feet. Freestanding business signs shall be limited to a maximum of fifty-five (55) percent of the total sign area specified in subsections (A)–(D) below, with the only exception stated in section 14-10-1(1)(E) above.

One (1) freestanding business/shopping center (office, retail) sign shall be allowed per street frontage, except for lots that have a linear street frontage of one hundred fifty (150) feet or more, shall be allowed two (2) freestanding business signs per street frontage, with a minimum separation of seventy-five (75) feet. On a corner lot, the longest linear street frontage shall be used in calculating the area of signs allowed on the lot. A minimum of seventy-five (75) square feet of signage shall be allowed for business (retail/office) signs, regardless of the linear street frontage of the lot where the business is located.

(A)

Individual businesses located on a separate lot or tract shall be entitled to a business identification sign, the maximum area in square feet of which is derived by one and seventy-five hundredths (1.75) times the linear feet of street frontage occupied by a separate business on its own lot or tract, but in no case shall total business sign area for the business or use exceed four hundred (400) square feet.

(B)

Individual offices located on a separate lot or tract shall be entitled to an identification sign, the maximum area of which is derived by one and one-half (1-1/2) times the linear feet of street frontage of its own lot, but in no case shall total sign area exceed four hundred (400) square feet.

(C)

Where two to three (2-3) individual businesses or commercial uses exist on a separate lot or tract, each owner, occupant or tenant of a business or use shall be entitled to a business identification sign of the freestanding, wall, sloping roof, or canopy type the maximum area in square feet of which is derived by one and seventy-five hundredths (1.75) times the linear feet of street frontage occupied by the businesses on the separate lot or tract, but in no case shall total business sign area for all the businesses or uses, collectively, exceed four hundred (400) square feet.

(D)

Where two to three (2–3) individual offices exist on a separate lot or tract each owner or tenant shall be entitled to an identification sign, freestanding, wall or canopy type, the maximum area of which is derived by one and one-half (1-1/2) times the linear feet of street frontage of the separate lot, but in no case shall the total sign area for all the offices or uses collectively exceed four hundred (400) square feet.

(E)

A shopping center or combined commercial strip development is permitted to have a wall/canopy (for identification of the shopping center) or freestanding (pole mounted or ground) signs, derived by one and seventy-five hundredths (1.75) times the linear feet of street frontage to a maximum sign area of five hundred (500) square feet for all freestanding signs and five hundred (500) square feet for all wall/canopy signs.

Individual stores/offices that have separate access to a street or parking lot shall be entitled to a wall mounted identification sign the maximum area of which shall be three (3) times the linear building frontage of the business to which the sign applies, but in no case shall the sign exceed four hundred (400) square feet. A shopping center shall be limited to one additional freestanding cinema business sign with a maximum sign area of one hundred fifty (150) square feet. An exterior wall mounted cinema identification sign shall be limited to one hundred fifty (150) square feet.

(F)

A shopping mall is permitted to have a wall/ canopy (for identification of the shopping mall) or freestanding, (pole mounted or ground) signs, derived by one and seventy five hundredths (1.75) times the linear feet of street frontage to a maximum of five hundred (500) square feet for all freestanding signs and five hundred (500) square feet for all wall/canopy signs.

Exterior wall signage shall be limited to anchor stores (those stores exceeding 20,000 square feet in floor area) and cinemas. The maximum allowable sign area (in square feet) for an anchor store shall be derived by three (3) times the linear building frontage to which the sign applies up to a maximum of four hundred (400) square feet for all signs. A shopping mall shall be limited to one additional freestanding cinema business sign with a maximum sign area of one hundred fifty (150) square feet. An exterior wall mounted cinema identification sign shall be limited to one hundred fifty (150) square feet.

Individual offices/businesses that have separate access to a street or parking lot shall be entitled to a wall mounted identification sign the maximum area of which shall be three (3) times the linear building frontage of the office to which the sign applies, but in no case shall the sign exceed two hundred (200) square feet.

(G)

An office center is permitted to have a wall/canopy (for identification of the office center) or freestanding (pole mounted or ground) signs, derived by one and seventy-five hundredths (1.75 times the linear feet of street frontage) to a maximum sign area of five hundred (500) square feet for all freestanding signs and five hundred (500) square feet for all wall/canopy signs.

(H)

All pole signs shall be erected in one of the following manners in order to enhance the commercial district where it is located.

(i)

The pole shall be masked by aesthetic coverings or architectural features.

(ii)

The base of the pole shall be constructed of masonry, concrete with aesthetic improvements or stucco and shall be at least half the size of the sign cabinet width.

(iii)

The pole shall be painted with exterior grade dark hue paint either, black, dark brown, navy blue or dark red.

(5)

No freestanding business (commercial) sign shall be constructed to exceed the maximum height permitted of thirty (30) feet above grade level, except for the following highway oriented uses:

(A)

Gasoline service stations

(B)

Service stations for motor fuels of all types

(C)

Motor vehicle parts, sales and repair service businesses

(D)

Motor vehicle sales, rental and or storage

(E)

Restaurants of all types

(F)

Hotels and motels

(G)

Recreational vehicle parks

(H)

Combinations of the above noted uses commonly referred to as truck stops

(I)

Urgent care/medical facility

(J)

Any other businesses not noted above that can be reasonably interpreted as highway oriented.

The above mentioned highway oriented uses shall be allowed signs up to fifty (50) feet in height and shall comply with the City of Odessa building code as to design and construction.

This section shall apply only to the following highways:
*	Interstate 20 Business, east of the intersection of 8th and 2nd Streets
*	State Highway 191 east of its intersection with East Loop 338
*	Loop 338 west of U.S. Highway 385
*	Interstate Highway 20 and
*	U.S. Highway 385 north of Yukon Rd. and south of I-20

(6)

Apartment or housing project identification signs may be of the wall or freestanding type. Wall signs shall not project more than fifteen (15) inches from the face of the wall and freestanding type signs shall not be located nearer than twenty (20) feet to any property line except informational signs not exceeding two (2) square feet in area may be located within two (2) feet of the property line.

(7)

Institutional identification signs may be of the wall or freestanding type, however no freestanding sign on the premises of any institution in a residential district shall be located nearer than ten (10) feet to any property line.

(8)

Directional signs are allowed in addition to the total allowable signage which is derived by the lot and/or building frontage. The maximum area allowed for each directional sign shall be six (6) square feet. The maximum height allowed shall be forty-two (42) inches above adjacent grade. One sign per street access shall be allowed.

(9)

In residential districts, only institutional identification and information sign for government facilities, schools, churches, and community centers, may be illuminated. Illuminated shall mean lit by direct, indirect, digital, electronic or internal lighting by any source or means. Illumination of institutional identification and information signs legally permitted within a residential district will be allowed only between the hours of 7:30 a.m. to 10:00 p.m.

(10)

No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal.

(11)

Freestanding/ground signs on individual lots shall not be placed closer to a side lot line than a distance of five (5) feet. The freestanding sign separation shall not apply to the side lot line abutting the street or alley and for lots that have fifty (50) feet or less in street frontage.

(12)

No sign shall be erected so as to project into the public right-of-way of any street or alley, except in the CB-1, central business district-1. In the CB-1, central business district-1, any projecting sign shall not extend outward from any building face to the public right-of-way for a distance of more than ten (10) feet or to within twenty-four (24) inches of the street curb, whichever is more restrictive. Minimum clearance of nine (9) feet is required (see figure 4)

(13)

No provision of this ordinance shall supersede or replace any other ordinance of the City of Odessa, having to do with sign standards, materials or construction except the provisions of this ordinance pertaining to the use of the various types of signs in the various districts and the size, height and location of such signs shall take precedence over all other ordinances, regulations and standards.

(14)

In a PD, planned development district, the sign standards shall be specified in the amending ordinance.

(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)

§ 14-10-2 Master sign plan.

A shopping center, shopping mall or office center may apply for a master sign plan to allow the property owner or developer, subject to city approval, the option of designating an area that will allow flexibility in sign location, size and number due to peculiarities in the location or configuration of parcels of real property or the intended uses of the combined area, or to allow creative sign management in exchange for a cumulative approach to sign management.

(1)

Minimum requirements.

To qualify for a master sign plan, an area must:

(A)

Include one lot or parcel or two or more contiguous lots or parcels that are not included in any other master sign plan.

(B)

The owners, or the authorized representatives of the owners, of all lots within the proposed master sign plan area must sign the application for a master sign plan.

(C)

Required submittals. In order to obtain a master sign plan, the owner(s) of the property located within the proposed master sign plan area must sign and submit an application to the city’s departments of engineering, development services, and planning, on a form provided by the planning department, which must be accompanied by the following:

(i)

A site plan showing the proposed boundaries of the master sign plan area.

(ii)

A site plan showing the location of all proposed freestanding signs.

(iii)

A table showing the type, square footage, and heights of each sign indicated on the site plan.

(iv)

The application fee established by the city for processing such applications.

Upon completion of the application, the planning staff shall forward the master sign plan to the planning and zoning commission for final approval.

(2)

When effective.

A master sign plan shall not become effective until all owners of the property within the master sign plan area have signed an agreement which indicates the property owners’ agreement that:

(A)

The master sign plan can be amended only by the written consent of all parties or their successors, and the city.

(B)

The agreement is binding on all successors in interest to the property within the master sign plan area.

(C)

Each party waives any right to apply for or install any sign inconsistent with the provisions of the master sign plan, even though such sign might otherwise be allowed under this section.

(D)

Once approved, the area described in the master sign plan will be deemed to be a single premise for the purpose of determining whether a sign is an on premise sign. A sign which advertises a use on a lot within the master sign plan area which is not a use on an MSP sign shall be defined as an MSP use.

(E)

All freestanding signs included within a master sign plan area shall be individually subject to review and approval of placement, size and height, as approved and permitted by the City of Odessa.

Figure 1a. Sign Face Area Management

Figure 1b. Sign Face Area Measurement (cont.)

Figure 1c. Sign Face Area Measurement (cont.)

Figure 2. Sign Height

Figure 3. Sign Setback

Figure 4. Sign Clearance

Figure 5. Vision Clearance Area

Figure 6. Canopy/Awning Signs

Figure 7. Banners

(Ordinance 2019-13 adopted 4/9/19)

§ 14-10-3 Supplemental regulations.

Additional sign area: The following signs which shall be allowed only in nonresidential zoning districts, require a permit but shall not be used in computing allowed sign area.

(1)

Time and temperature signs without advertising matter.

(2)

Freestanding ground menu boards for drive-through restaurants, provided that all setbacks are met and that the sign does not exceed thirty-two (32) square feet in size and six (6) feet in height.

(3)

Official flags of government jurisdictions, including flags indicating weather conditions, religious, charitable, public and nonprofit organizations.

(Ordinance 2019-13 adopted 4/9/19)

§ 14-10-4 Noncommercial sign regulations.

(a)

General regulations.

The following general regulations shall apply to this section:

(1)

A noncommercial sign may be used any place that a commercial sign or other noncommercial sign referenced in the zoning ordinance may be used subject to the same terms, conditions and restrictions placed on the commercial sign or other noncommercial sign.

(2)

A noncommercial sign may also be used under circumstances and conditions when a commercial sign or other noncommercial sign referenced in the zoning ordinance would not be permitted when the noncommercial sign is in compliance with all of the provisions of this section or other ordinances that do not pertain to the content of the message displayed.

(3)

If any part of such sign is commercial, it shall be subject to the applicable sign conditions and restrictions contained elsewhere in the zoning ordinance and not section 14-10-4.

(b)

Special residential lot regulations.

(1)

On residential lots the following areas and location regulations shall apply to noncommercial signs:

(A)

The total sign square footage per lot within twenty (20) feet of back of the curb shall not exceed ten square feet.

(B)

The total sign square footage with a setback of at least twenty (20) feet from back of the curb shall not exceed thirty-two (32) square feet.

(2)

On residential lots, the following height requirements shall apply to noncommercial signs:

(A)

The height of the sign shall not exceed three (3) feet within twenty feet from behind the curb.

(B)

The height of the sign shall not exceed eight (8) feet with a setback of at least twenty (20) feet from behind the curb.

(3)

The period of display shall be as follows:

(A)

Temporary.

Unless the noncommercial sign satisfies all of the requirements in subsection (B) below, it shall be displayed on a temporary basis only. The period of display shall not exceed ninety-five (95) days. A thirty (30) day extension for removal of any noncommercial sign may be obtained from the director of planning by submitting a prior written request if there is a need based on changed circumstances. If the ninety-five (95) days expires and there is no approved extension, the sign with the same message must be removed for a period of at least ninety-five (95) days.

(B)

Permanent.

All noncommercial signs that are permanent shall satisfy the following additional requirements which shall supersede all other requirements in conflict:

(i)

Maximum area.

Six (6) square feet.

(ii)

Number.

If such sign can be observed from a street or alley, there shall be a limit of two per street intersection or alley intersection.

(iii)

Construction.

Permanent and not portable.

(iv)

Registration.

If a permanent sign can be observed from street or alley, the owner of the property must obtain a permit from the planning department. “Neighborhood crime watch signs” shall be registered with the police department.

(c)

(Reserved)

(d)

Special drill reservation regulations.

(1)

On all drill reservations, the following sign area and location regulations shall apply to noncommercial signs:

(A)

No sign may be placed within twenty (20) feet of back of the curb.

(B)

There shall be a one hundred (100) foot separation between each sign placed on the drill site.

(C)

The total sign square footage per each sign with a setback of at least twenty (20) feet shall not exceed thirty-two (32) square feet.

(2)

The height of a sign shall not exceed eight (8) feet.

(3)

A permit shall be required for all noncommercial signs as provided in section 14-19-1(e)(3). The consent of the owner shall specifically be required.

(4)

A noncommercial sign shall be displayed on a temporary basis only. The period of display shall not exceed ninety-five (95) days. A thirty (30) day extension for removal of any noncommercial sign can be obtained from the director of planning by submitting a prior written request if there is a need based on changed circumstances. If the ninety-five (95) days expires and there is no approved extension, the sign with the same message must be removed for a period of at least ninety-five (95) days.

(e)

Nonresidential lots.

(1)

On all nonresidential zoning districts, the following sign area and location regulations shall apply to noncommercial signs:

(A)

No sign may be placed within fifteen (15) feet of back of the curb.

(B)

There shall be a maximum of one (1) sign per lot, except where a lot frontage exceeds one hundred (100) feet, additional signs can be located on such a lot, but shall maintain one hundred (100) foot separation between each sign.

(C)

The total sign square footage per each sign shall not exceed thirty-two (32) square feet.

(2)

The height of a sign shall not exceed eight (8) feet.

(3)

A permit shall be required for all noncommercial signs as provided in section 14-19-1(e)(3). The consent of the owner shall specifically be required.

(4)

(f)

Construction requirements.

The following construction requirements shall be applicable to all noncommercial signs:

(1)

On residential lots all noncommercial signs that are in excess of ten (10) square feet shall be single face and placed so as to be parallel to the street from which the sign would be observed.

(2)

In residential districts, only institutional identification and information signs for government facilities, schools, churches, and community centers, may be illuminated. Illuminated shall mean lit by direct, indirect, digital, electronic or internal lighting by any source or means. Illumination of institutional identification and information signs legally permitted with a residential district will be allowed only between the hours of 7:30 a.m. to 10:00 p.m..

(3)

No sign shall be erected so as to project into the public right-of-way of any street or alley or in the area of the intersection visibility clearance areas as defined in section 14-19-1(d)(33).

(4)

Noncommercial signs shall comply with all applicable building codes.

(g)

Inapplicability of regulations to political signs.

(1)

Except as provided in subsections (2) and (3) below, a sign that contains primarily a political message and that is located on private real property with the consent of the property owner, may not be:

(A)

Prohibited from being placed on the private real property;

(B)

Required to have a permit or approval of the municipality;

(C)

Charged a fee;

(D)

Restricted in size; nor

(E)

Charged for the removal of the political sign at an amount greater than the charge for removal of other signs regulated by ordinance.

(2)

Subsection (1) does not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political.

(3)

Subsection (1) does not apply to a sign that:

(A)

Has an effective area greater than 36 square feet,

(B)

Is more than eight feet high;

(C)

Is illuminated; or

(D)

Has any moving elements.

(4)

In this section “private real property” does not include real property subject to an easement or other encumbrance that allow a municipality to use the property for a public purpose.

(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)

§ 14-10-5 Nonconforming signs.

(a)

Nonconforming signs are those which do not conform to the zoning regulations but which were lawfully in existence prior to the adoption of the applicable zoning regulation or were subsequently annexed into the city. Whenever a nonconforming sign is abandoned, all nonconforming rights shall cease. Abandonment shall involve the intent of the user or owner to discontinue the use of the sign and the actual act of discontinuance. Any nonconforming sign which serves a business location and/or building that has been discontinued for a period of six (6) consecutive months shall be presumed to have been abandoned. A nonconforming sign may remain in place and continue to be used unless the nonconforming status is lost by reason of one or more of the following conditions:

(1)

The sign foundation or structure is replaced. However, the nonconforming status will not be lost if there is only a replacement of the face to accommodate a new business, express a different message and upgrade conditions and appearance of the sign.

(2)

The sign is relocated.

(3)

The sign is damaged or structurally altered to an extent greater than sixty (60) percent of the current estimated replacement value.

(4)

The sign is removed by the city following the procedures established by chapter 216 of the Local Government Code.

(b)

Any sign which constitutes a hazard to persons or property shall be removed within ten (10) days after written notice from the director of the department of planning or his/her appointed representative. The city council shall have the authority to grant a time extension not exceeding an additional thirty (30) days for removal. Should the responsible party or parties, after due notice (if such responsible party can be located after diligent search), fail to remove a dangerous or defective sign, or any sign that endangers the public safety, the city council shall cause such signs and their supports to be demolished and removed. The city shall recover the costs of all such work from the property owner or owner of the sign. Any sign so removed shall be stored or impounded and shall not be returned to the owner until all applicable charges are paid. If any sign remains unclaimed for a period of thirty (30) days after its removal, the city may destroy, sell or otherwise dispose of the sign.

If a sign presents an eminent danger to persons or property, the city can take such action as necessary to eliminate such danger without regard to period listed herein.

(Ordinance 2019-13 adopted 4/9/19)

§ 14-10-6 Sexually oriented business signs.

The following requirements regarding signage and the exterior portions of a sexually oriented business shall apply and it shall be an offense not to comply with these requirements:

(1)

Premise advertisements, displays or other promotional materials for a sexually oriented business, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” shall not be shown or exhibited so as to be visible to the public from public spaces located outside the business premises.

(2)

Notwithstanding the city zoning ordinance, building code or any other city ordinance, code, ore regulation to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business to maintain or have maintained by another person, more than one freestanding sign and more than one wall sign which must be located on the premises of a sexually oriented business.

(3)

The freestanding sign shall not exceed one structure or device. Such freestanding sign shall:

(A)

Be a flat plane and rectangular in shape;

(B)

Not exceed seventy-five (75) square feet in area composed of existing lines including the outer extremities of all letters, symbols, figures, character and delineations or the framework as background whichever lines include the larger area. Double faced lines shall count as one face provided that the faces are back-to-back, parallel and not more than twenty-four (24) inches apart;

(C)

Not to exceed twenty-two (22) feet in height and have a minimum of nine (9) feet clearance; and

(D)

Not contain any moving parts, lasers, search lights, flashing lights, reflectors, photographs, silhouettes, drawings or pictorial representations of any manner.

(4)

Wall signs shall have only one (1) display surface. The surface display shall:

(A)

Be a flat plane and rectangular in shape not to exceed 18 inches in thickness;

(B)

Not exceed twenty-five (25) square feet;

(C)

Be affixed flat against any wall or door of the business; and

(D)

Not contain any moving parts, lasers, search lights, flashing lights, reflectors, photographs, silhouettes, drawings or pictorial representation of any manner.

(5)

Freestanding and wall signs may contain only:

(A)

The name of the enterprise; and/or

(B)

One (1) or more of the following phrases; adult bookstore, adult movie theater, adult encounter parlor, adult cabaret, adult lounge, adult novelties, adult entertainment, adult modeling studio, or gentlemen’s club.

(C)

Freestanding sign for adult theaters may contain the additional phrase of a movie title.

(6)

The sign of any sexually oriented business lawfully operating on the effective date of this ordinance, that is registered with the director of planning as a nonconforming use, by filing an application with the chief of police for a license prior to November 1, 1996, and that is in violation of the sign regulations in this section, shall be deemed a nonconforming use and it shall not be an offense under this section while such nonconforming status for such sign is in effect. The nonconforming use will be permitted to continue unless terminated or abandoned for any reason or voluntarily discontinued for a period of six (6) months or more. Any nonconforming use which is discontinued or which remains vacant for a period of six (6) months shall be considered to have been abandoned. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(7)

It shall be unlawful for an owner, licensee, or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(Ordinance 2019-13 adopted 4/9/19)