The districts in which the various types of signs are permitted
are indicated by the schedule of uses, 14-2-2.8.
(1)
General
provisions.
(A)
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:
(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:
a.
Two real estate appraisers registered with the Society of Real Estate
Appraisers or the American Institute of Real Estate Appraisers;
b.
One person engaged in the sign business in the municipality;
c.
One employee of the state department of highways and public transportation
who is familiar with real estate valuations in eminent domain proceedings;
and,
d.
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.
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.
(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)
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)
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)
(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:
(2)
On residential lots, the following height requirements shall apply
to noncommercial signs:
(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)
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.
(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.
(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)
(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)
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)
