Signs use private land near 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 exempt as provided herein shall be erected and
maintained in accordance with those standards. These standards are
intended to be the minimum necessary and least burdensome to accomplish
the purposes stated in this section. 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:
To promote the safety of persons and property by providing that
signs:
(1)
Do
not create a hazard due to collapse, fire collision, decay or abandonment.
(2)
Do
not obstruct firefighting or police surveillance.
(3)
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.
To promote the efficient transfer of information in sign messages
by providing that:
(1)
Businesses
and services may identify themselves.
(2)
Customers
and other persons may locate a business or service.
(3)
No
person or group is arbitrarily denied the use of the sight lines from
the public rights-of-way.
(4)
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.
To protect the public welfare and to enhance the appearance
and economic value of the cityscape, by providing that signs:
This article shall govern all signs within the city limits and
the extraterritorial jurisdiction of the city, to the maximum extent
permitted by applicable law, and any references in this article to
the geographic area of city shall include the city’s extraterritorial
jurisdiction, to the maximum extent permitted by applicable law.
The requirements of this article shall be administered and enforced
by the building official or the building official’s designated
representative (collectively referred to herein as “building
official”).
Editor’s note–Former section 3.14.007
pertaining to the 2003 sign code and deriving from Ordinance 2010-19
adopted 11/22/10, was repealed and deleted in its entirety by Ordinance
2020-06 adopted 5/28/20.
A sign:
A structure made of fabric, cloth, metal or other material
affixed to a building either permanently or in such a manner that
the structure may be raised or retracted to a position against the
building.
An awning upon which sign copy exists.
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind, excluding flags, emblems
and insignia of political, professional, religious, educational or
corporate organizations.
A freestanding off-premises sign containing at least one
hundred twenty-eight square feet face area and which is owned by a
person, corporation or other entity that engages in the business of
selling the advertising space on that sign.
A sign attached to a building; which sign is oriented perpendicular
to the face of the building and which projects beyond the surface
of the building to which it is affixed or supported.
The building official of the city or the building official’s
designee.
A structure other than an awning, made of fabric, cloth,
metal or other material upon which sign copy is placed or painted,
which is supported by a frame attached to the ground.
A sign containing sign copy comprised of nonpermanent letters,
numerals or symbols, the design and construction of which allows a
quick change of sign copy by the adding, removing or rearranging said
letters, symbols or numerals.
A message which refers to the offer for sale or existence
for sale of products, property, accommodations, services or attractions
or activities or attracts attention to a business or to products,
property, accommodations, services, or activities that are offered
or exist for hire.
A sign identifying the architect, engineer, financial institution,
contractor, or other individuals or companies involved in the design
or construction, demolition, financing or development of premises
where such sign is placed, but only for the duration of construction
or demolition.
A fabric or cloth containing distinctive color, pattern,
or symbols, and containing no commercial message, but specifically
excluding governmental flags and insignia/business logo flags as defined
herein.
A sign:
Where any portion of the finished material, surface or message
portion of the sign is visibly faded, frayed, flaked, broken off,
missing, cracked, splintered, defective, partially or improperly secured,
unsafe, or is otherwise visibly deteriorated or in a state of despair;
or
Whose elements or the structural support or frame members are
visibly bent, broken, cracked, dented, torn, twisted, leaning or at
angles other than those at which it was originally erected, such as
may result from wind damage or by the failure of a structural support.
An on-premises sign containing no advertisement of any kind;
which provides direction or instructions to guide persons to specific
identified facilities.
A sign which indicates the names, addresses, and/or identification
of any lawful business or occupation of multiple occupants located
in a single premises.
A sign which displays, through lights, LEDs or other electronically-controlled
means, a changeable message, except electronic price signs as defined
herein.
A sign which displays, through lights, LEDs or other electronically-controlled
means, a changeable message limited to the price of no more than four
(4) specific items, usually grades of gasoline and/or diesel fuel,
and which does not move, flash, or change color or appearance more
than once each day.
A sign, the height of which is greater than the width, made
of fabric, cloth, or other flexible or pliable material designed or
intended to move in the wind, which sign is attached or secured to
a pole.
An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and color at
all times when such sign is illuminated.
A fabric or cloth bearing the official insignia of the United
States of America, the state, or the city, and containing no commercial
message or sign copy.
The combined total surface area of all sign faces of a sign.
The total surface area of each sign face shall be calculated by drawing
the smallest imaginary rectangle composed of horizontal and vertical
sides, the dimensions of which shall be determined by enclosing the
extreme outermost limits of the sign copy utilized. Structural supports
bearing no sign copy shall not be included in gross surface area,
provided such structural support is not constructed in an irregular
manner so as to draw attention to the sign copy contained in the sign.
The total surface area of three-dimensional signs such as spherical,
free-form, sculptural, other nonplanar signs shall be calculated by
the method described above, bending the rectangle and wrapping it
horizontally around the sign.
A sign supported by one or more structures or supports placed
upon the ground, and which is not attached or dependant for support
from any building, including but not limited to pole signs, and monuments
signs.
In reference to a sign, the distance between the uppermost
portion of the sign, including structural, nonstructural, and sign
copy elements, and the ground, measured at the edge of the nearest
edge of the public right-of-way, said distance to include the height
of any base, foundation, berm or other structure, artifice or device
used to raise the sign above the adjacent grade.
A sign held by a person or consisting of a costume worn by
a person.
Any sign, including balloons, larger than twenty-four inches
in diameter or height, which is structurally supported through the
use of air, helium or other gas to provide structural support, including
signs which contain air, helium or other gas in a sealed container
or structure and signs which utilize a fan or blower to push air into
or through the sign material.
A fabric or cloth bearing the insignia, logo or name of a
business, organization or other entity which is located on the site
where such flag is displayed, and containing no commercial message
or sign copy.
Any individual letter or group of letters attached to a building
which forms a specific name or message shall constitute a sign. The
area of such a sign shall be the smallest area encompassing the name
or message in the form of a square, rectangle, triangle, circle or
combination thereof.
Any sign composed in whole or in part of living material.
A lot of record, parcel, tract, or area of land established
by plat, subdivisions or otherwise permitted by law to be used, developed
or built upon as a single unit under single ownership or control.
A sign placed on a residential mailbox containing only the
address (the street name and/or number) of the residential lot or
property on which the sign is located.
A permanent roof-like structure extending from part of the
roof of a building but not supported by the ground, and constructed
of durable material such as metal, plastic or glass.
A freestanding sign attached or connected to the ground by
means other than a pole and which has no open space for the full width
of the sign between the bottom of the sign and the surface of the
ground.
A sign any part or portion of which moves, flashes, strobes,
rotates, revolves, scrolls, or otherwise changes color or appearance,
or which creates the illusion of movement, except electronic message
signs and electronic price signs as defined herein.
A sign located on a building displaying only the name of
the owner or occupant and/or the address (i.e. the street name and/or
number) of the property on which such sign is displayed.
Any message that is not a commercial message.
A sign lawfully existing or under construction on the effective
date of this article which does not conform to one or more of the
provisions of this article.
Property zoned “RC” - restricted commercial district,
“GC” - general commercial district, “I” -
industrial district, “FW” - freeway overlay district,
and planned development districts which are limited to commercial
and industrial land uses, and any other zoning district which permits
only commercial or industrial uses.
A sign which includes any sign copy which depicts or describes
nudity as defined in this code, which otherwise offends generally
accepted community standards of decency, modesty or morality, which
contains words which tend to incite violence, which violates any applicable
federal or state law restricting speech, or which has been legally
determined by a court of competent jurisdiction to exceed the permissible
limits of constitutionally protected free speech.
A sign which directs attention to a business, profession,
activity, commodity, service, or other event other than one conducted,
sold, or offered upon the premises where such sign is located, or
within the building to which the sign is affixed.
A sign made of cloth or other flexible or pliable material
secured to a rope, line, chord, pole, building or other structure
along one side, with the remainder hanging loosely.
A sign which is designed and intended to be displayed, and
which is permitted by this article to be displayed, on a permanent,
full-time basis.
A sign made of cloth or other flexible or pliable material,
the height of which is greater than the width, and which is attached
to a light pole, under the light, illuminated only by the light above
it at the top of the pole, secured by horizontal bars above and below
the banner.
A sign in which the sign copy is elevated off the ground
by a column, one or more poles, or other structure which is narrower
than the sign copy.
A sign that contains primarily a political message.
A sign not permanently affixed to the ground, a building
or other structure, which may be moved from place to place.
A single, separate platted lot or tract.
The main or principal building located upon a single zoning
lot; the building in which the principal use of the business is conducted.
A sign projected upon a building facade or other surface.
A temporary, off-premises sign used to direct traffic to
real estate which is being offered for sale, lease or rent.
A temporary sign which is used to offer for sale, lease or
rent the premises or portions of the premises upon which the sign
is placed.
Any property located in any zoning district which allows
only residential use, including but not limited to the following:
“SF-2A” - single-family district, “SF-32”
- single-family residential district, “SF-15” - single-family
residential district, “MF” - multifamily residential district,
“MH” - HUD-code manufactured housing residential district,
planned development districts which are limited to residential land
uses, and any other zoning district which permits only residential
land uses.
A sign which is either supported by and located immediately
over the roof of a building, attached to the fascia of a building,
painted or otherwise affixed on a roof; or displayed above the eave
line of a sloped roof or parapet of a flat roof.
A two-sided sign consisting of an “A” frame hinged
or connected at the top.
Any structure or device which contains sign copy.
That portion of a sign which contains any characters, letters,
illustrations, pictures, graphics, ornamentations or other means of
visual communication utilized to identify, advertise, describe, illustrate,
or otherwise convey a message, impression, idea or concept, or to
draw or direct attention to a particular place, product, service,
place, activity, person, institution, or business, together with any
material or color which either forms an integral part of the display
or which serves to differentiate a sign from the background on which
it is placed, and any part of the structural support of the sign which
is constructed in an irregular manner so as to draw attention to the
sign copy contained in the sign.
Any object or device that may be inserted into any device,
including but not limited to a fence composed of wire or chain link
fencing or similar material, which, when used in conjunction with
and in close proximity to other sign inserts, creates the effect of
creating text or images or which otherwise provides information or
attracts the attention of persons not on such premises. Sign inserts
shall constitute a “sign” as that term is defined in this
article.
A sign installed, erected or placed by the city, state, or
federal government or other authority charged by law with regulating
traffic safety, or a private developer with the written authorization
of the city, state, or federal government or other authority charged
by law with regulating traffic safety, which sign contains only the
name of a street or roadway and the adjacent block numbers.
A nonpermanent sign erected, affixed or maintained on a premises
for a short, usually fixed, period of time, as is permitted under
this article.
A sign painted, planted, or constructed so as to lie flat
on the ground, except for directional signs as defined herein.
A sign installed; erected or placed by the city, state, or
federal government or other authority charged by law with regulating
traffic safety, which sign is designed to control the movement, flow,
or speed of either vehicular or pedestrian traffic, or otherwise protect
the safety of the traveling public.
A sign painted on or attached to a vehicle, including any
motor vehicle, boat, or trailer.
A sign attached directly to an exterior wall of a building
or supported, in whole or in part by a building, with the exposed
face of the sign located in a place substantially parallel to such
exterior building wall which supports the sign or to which the sign
is attached. It includes letters, words and characters painted or
attached directly to the roof. Awning, canopy, marquee and letter
signs shall be considered wall signs for purposes of calculating the
gross surface area permitted in this section.
A sign containing no advertising material and warning the
public of the existence of danger.
A sign installed, erected or placed by the city, state, or
federal government or other authority charged by law with regulating
traffic safety, which sign is designed to direct either vehicular
or pedestrian traffic to specific public facilities or other locations
of interest.
A sign which is attached to the window or mounted or displayed
on the interior of the building and visible and legible from the exterior
of the building through a window, and includes window displays.
A temporary sign located in a nonresidential zoning district,
usually by the use of stakes or prongs which are pushed into the ground.
Any sign of a temporary nature other than a real estate,
construction and development, or residential subdivision or association
sign, located in a residential zoning district, usually by the use
of stakes or prongs which are pushed into the ground, which includes
the advertisement of a service or construction/repair that has been
performed on premises.
(a)
Requirements.
No sign shall be erected, constructed
or relocated within the city until a permit for such sign has been
issued and the fee paid, except as otherwise provided in this section.
(b)
Permit applications.
A person shall file an application
with the building official on forms provided by the city. An application
for a sign permit shall include a drawing to scale of the proposed
sign and all existing signs maintained on the premises and visible
from the right-of-way, a drawing of the lot plan or building facade
indicating the proposed location of the sign(s), and sign specifications.
(c)
Fee required.
Fees for a permit to erect, construct,
or relocate any sign shall be as established by the city council and
as provided in the city fee schedule. The city council may, at its
discretion, exempt bona fide nonprofit organizations operating for
charitable or community purposes from paying a required fee, if so
requested.
(d)
Permit period.
If the work authorized by a permit issued
under this section has not been commenced within 180 days after the
date of issuance, the permit shall become null and void. If the work
authorized by a permit issued under this article has been commenced,
but is not completed within thirty (30) days after the date of commencement
of the work, the permit shall become null and void, and any portion
of the sign erected must be removed and the site restored to the condition
existing prior to the commencement of the work, provided that the
building official may grant an extension of the permit period if the
applicant shows good cause outside of the applicant’s reasonable
control for the delay in completion of the work, and the applicant
pays a new permit fee.
(e)
Permit issuance or denial.
The building official shall,
within fifteen (15) working days of the date of the application, either
approve or deny the application or refer the application back to the
applicant in any instance where insufficient information has been
furnished. The failure of the building official to act within such
time period shall not be construed as approval of the application,
but will entitle the applicant to pursue a writ of mandamus in a court
of competent jurisdiction. The building official shall deny an application
if it does not comply with the requirements of this section. A denial
and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant at the address shown on the application or the last
known address.
(Ordinance 2010-19 adopted 11/22/10)
The following signs are exempt from regulation under this article:
(1)
Political
signs exempt from municipal regulation under Texas Local Government
Code section 216.903 or other applicable law.
(2)
Traffic-control
signs and devices.
(3)
Wayfinding
signs.
(4)
Street
signs.
(5)
Other
legal notices, instructional, regulatory or informational signs erected
or authorized by the federal, state, city, or other governmental unit
which are legally required and necessary to the essential functions
of government.
(6)
Athletic
signs. Signs designed and used solely as scoreboards in permitted
athletic stadiums and facilities.
(Ordinance 2016-01, sec. 1, adopted 1/15/16)
(a)
Prohibited signs.
Any person who constructs, displays,
or maintains or permits or requests any person to construct, display,
or maintain, a prohibited sign on property under their control commits
an offense under this article. The following signs shall be prohibited
under this article:
(1)
Obscene signs;
(2)
Searchlights;
(3)
Sign inserts;
(4)
Billboards;
(5)
Living signs;
(6)
Topographical signs;
(7)
Projection signs;
(8)
Flashing signs;
(9)
Off-premises signs;
(10)
Sandwich board signs;
(11)
Moving signs;
(12)
Electronic message signs;
(13)
Changeable message signs;
(14)
Roof signs;
(15)
Pennant signs;
(16)
Portable signs;
(17)
Any hazardous or nuisance sign as described in this article;
(18)
Any sign on a sidewalk or street as described in this article;
(19)
Any sign on a tree or utility pole as described in this article;
(20)
Any sign which is not expressly permitted by this article;
(21)
Any sign prohibited by this article; and
(22)
Any sign which requires a permit for which no permit has been obtained.
(b)
Hazardous or nuisance signs.
The following signs are
declared to be hazardous or nuisance signs under the circumstances
described:
(1)
Improperly illuminated signs.
Any sign which violates
the city’s lighting ordinance; or which is illuminated to an
intensity to cause glare or brightness to a degree that could constitute
a hazard or nuisance.
(2)
Artificial lighting.
Artificial lighting of any type
used to illuminate buildings, structures, outdoor sales areas or outdoor
storage areas unless shielded as provided in the provisions of the
city’s lighting ordinance, not including lights installed only
during the months of November and December for areas in which Christmas
trees are offered for sale, or for the purpose of outdoor lighting
in conjunction with displays for holiday lighting and lights installed
on a temporary basis in areas in which permitted carnivals, fairs
or other similar activities are being held.
(3)
Fence signs in or adjacent to and facing residential zoning districts.
Any sign attached or painted on a fence, railing or wall which
is not a structural part of the building on property located in or
adjacent to, and facing a residential zoning district, whether or
not on the property line, other than a nameplate sign conforming to
the provisions of this article.
(4)
Signs in or over right-of-way.
Any sign located, in
whole or in part, in or over any public right-of-way, except traffic-control
signs and devices, wayfinding signs, or street signs placed by the
city, state, or federal government or other authority charged by law
with regulating traffic safety.
(5)
Obstruction to doors, windows or fire escapes.
Any sign
erected, relocated or maintained so as to prevent free ingress to
or egress from any door, window fire escape or other area intended
for human travel, or attached to a standpipe or fire escape.
(6)
Signs constituting a traffic hazard.
(A)
Any sign erected or maintained in any visibility triangle, or in
such other location so as to obstruct free and clear vision of vehicular
traffic of adjacent streets, roadways, sidewalks, or other public
rights-of-way, any authorized traffic sign, signal or device, or which,
by, reason of position, shape, color, degree, manner or intensity
of illumination, interferes with vehicular or pedestrian traffic.
(B)
Any sign which, by reason of words, phrases, symbols or characters,
pictures, graphics, or lights, tends to interfere with, mislead or
confuse traffic.
(c)
Sign on sidewalk, street, etc.
Any sign, attached or
painted on any sidewalk, curb, gutter or street, except house or street
address numbers, and traffic-control signs and devices, wayfinding
signs, or street signs are prohibited; provided, however, that the
building official may grant an exception to this prohibition for permitted
special events on such terms and conditions as the city council may
provide for such special event, and for department of public works
or public safety projects.
(d)
Sign on tree, pole, etc.
Any sign attached to or painted
upon any tree or public utility pole or structure is prohibited; provided
that this does not prohibit the utility provider which maintains a
public utility pole or structure from attaching to the utility pole
or structure a cautionary or warning sign warning of dangers related
to the presence of the utility line.
(a)
Balloons.
Latex balloons no greater than twenty-four (24) inches in diameter measured at the widest point are allowed subject to the limitations contained in the table set forth in section 3.14.014(a) if properly secured. Mylar balloons and other shiny, metallic or reflective balloons are not permitted. All used balloons must be deflated, collected, and disposed of in proper waste receptacles. No balloons may be released into the air.
(b)
Inflatable signs.
Inflatable signs are allowed subject to the limitations contained in the table set forth in section 3.14.014(a), if properly secured.
(c)
Vehicle signs.
Vehicle signs shall conform to the following
restrictions:
(1)
No person shall display any sign attached to a trailer, skid, vehicle
or similar mobile structure, where the primary use of such structure
is to provide a base for such sign or constitute the sign itself,
provided, however, that this provision does not restrict signs on
vehicles routinely used for any bona fide business activity.
(2)
No person shall park any vehicles with a vehicle sign in the same
location, or in the same vicinity, at frequent or extended periods
of time, where the apparent intent as determined by the city is to
use the vehicle and attached vehicle signs for purposes of advertising
an establishment, service or product, whether on a permanent or temporary
basis. It shall be prima facie evidence that a sign is used to advertise
a product or direct people to a business or activity in violation
of this subsection if the vehicle or trailer is parked at the same
location in an area visible to a public right-of-way for a continuous
period exceeding seventy-two (72) hours, or is parked in an area visible
to a public right-of-way during normal and customary business hours
of the business in question for three (3) consecutive business days,
with the following exceptions:
(d)
Residential subdivision or association signs containing no product
or sale information.
(1)
One nonilluminated homeowners’ association informational sign
the gross surface area of the sign shall not exceed twenty-four (24)
square feet and which does not contain any commercial message is permitted
at each entrance of a residential subdivision in residentially zoned
districts.
(2)
The sign shall be subject to all requirements and regulations as
set forth in this subsection.
(3)
The sign is permitted on a temporary basis for a maximum period of
sixty (60) days in any calendar year.
(e)
Residential real estate signs.
One (1) nonilluminated real estate sign is allowed in the front yard of a dwelling or a single residential lot subject to the limitations contained in the table set forth in section 3.14.015(a).
(f)
Real estate directional signs.
Real estate directional
signs are allowed in any zoning district provided that each sign conforms
to the following standards:
(1)
Signs are placed after 5:00 p.m. Friday and recovered or picked up
by 8:00 a.m. Monday.
(2)
Signs do not constitute a traffic hazard or impair visibility.
(3)
Signs shall not be placed in the public right-of-way.
(4)
Signs are not illuminated.
(5)
Signs do not exceed nine (9) square feet per face.
(g)
Real estate signs - nonresidential or multi-lot or multifamily undeveloped
residential property.
Nonilluminated real estate signs are allowed subject to the limitations contained in the table set forth in sections 3.14.014(a) and 3.14.015(a), as applicable.
(h)
Construction and development signs.
One construction sign to advertise the identity of the architect, engineer, financial institution, contractor, or other individuals or companies involved in the design or construction, demolition, financing or development of premises, or to advertise the coming of new business on the premises on which the sign is located, is allowed subject to the limitations contained in the table set forth in section 3.14.014(a). Such signs shall not be erected prior to the issuance of the building permit of the project, and must be removed prior to the issuance of a certificate of occupancy permit.
(i)
Electronic price signs.
Electronic price signs are allowed
to the extent incorporated in an allowed ground sign only. Any electronic
price sign shall be included when determining whether signage is within
the maximum sign area allowed under this section. The changeable message
electronic display of electronic price signs is limited solely to
the price of no more than four (4) specific items, usually gasoline
and/or diesel fuel, and which does not move, flash, or change color
or appearance more than once each day.
(j)
Political signs.
(1)
Private property.
Political signs are allowed on private
property provided such signs comply with the following:
(A)
The sign is on private property with the consent of the property
owner, and not placed in a public right-of-way, utility easement,
or other encumbrance that allows a municipality to use the property
for a public purpose.
(B)
The gross surface area of the sign is not more than thirty-six (36)
square feet.
(C)
The sign does not exceed eight (8) feet in height.
(D)
The sign is not illuminated.
(E)
The sign does not have any moving elements.
(F)
The sign is not generally available for rent or purchase to carry
commercial advertising or other messages that are not primarily political.
(G)
Political signs shall be removed within ten (10) days after completion
of the election in question. In the case of a run-off election, signs
advertising those candidates in the run-off election may be continued
to be displayed during the interim period, but must be removed within
ten (10) days after the run-off election.
(H)
Political signs shall not be installed in any manner that may result
in a potential safety hazard of any type.
(I)
Political signs shall not be placed in visibility triangles as defined
in the subdivision ordinance of the city.
(J)
Political signs may be erected no earlier than sixty-two (62) days
before the date of the election for which the sign is designated.
(2)
Public property.
Except as permitted by subsection (3) below, political signs shall not be located on city-owned property such as parks, fire stations, police stations, city hall and other city-owned buildings. Political signs may not be placed in state highway right-of-way situated within the city.
(3)
Polling places.
Political signs may be placed on the
premises of a public building designated as an official polling place
on a designated election day or during designated early voting periods,
with such signs being located outside the specific distance from the
polling place entrance established by state election laws (currently
100 feet of an outside door through which a voter may enter the building
in which a polling place is located).
(4)
Notwithstanding any provision in this article to the contrary, if
a political sign is authorized to be placed or erected under this
section, a temporary sign with any other noncommercial message is
allowed to be erected in its place provided it otherwise complies
with the provisions of this section.
(k)
Ground signs.
Ground signs are allowed subject to the limitations contained in the table set forth in section 3.14.014(a). Additionally, the following minimum heights apply for ground signs:
(1)
For ground signs 40' tall or less, the sign copy must be at least
15' above street grade.
(2)
For ground signs greater than 40' tall, but less than 50' tall, the
sign copy must be at least 25' above street grade.
(3)
For ground signs 50' tall, the sign copy must be at least 30' above
street grade.
(l)
Flags and flagpoles.
Decorative flags and governmental
flags are permitted in all residential zoning districts, and decorative
flags, governmental flags and insignia/business logo flags are permitted
in any nonresidential zoning districts, without a permit, subject
to the following regulations and/or as restricted in the sign tables
incorporated into this article:
(1)
No premises shall have more than three (3) permanent flagpoles.
(2)
No more than one (1) flag per premises shall display any commercial
message. Such commercial message shall be limited to the corporate
logo/insignia of the business located on the premises.
(3)
No more than one (1) decorative flag shall be permitted per premises.
(4)
No flagpole shall exceed twenty (20) feet in height, measured from
the ground beneath the base of the pole at grade level to the top
of the finial. Flagpoles must be permitted by the city if required
by the city building codes (International Building Code, section 1609.1.1).
(5)
No flag shall exceed a maximum size of four feet by six feet (4'
x 6').
(6)
Limit of one (1) flag per flagpole.
(7)
No ribbons, streamers, balloons or other similar attention seeking
devices may be attached to any governmental flag, insignia/business
logo flag, or decorative flag.
(Ordinance 2010-19 adopted 11/22/10; Ordinance 2014-09 adopted 2/27/14; Ordinance
2016-01, sec. 2, adopted 1/15/16)
(a)
No
permit shall be required for the following signs.
(1)
Signs exempt from permit requirements as indicated in section 3.14.010 and/or in the sign tables incorporated into this article.
(2)
An informational, cautionary, or protective sign containing no commercial
advertising, the sole purpose of which is the protection of life and
property.
(3)
A sign or marker giving information about the location of underground
electric transmission lines, telegraph or telephone properties and
facilities, pipelines, public sewers or water lines or other public
utilities.
(4)
A traffic-control sign or device, wayfinding sign, street sign or
warning sign erected by the city, any agency of the state or federal
government, or a political subdivision of the state, providing information,
warnings, or other public service or public safety messages, or the
display of which is required by applicable law.
(5)
Insignia/business logo flags, subject to the regulations regarding flags indicated in section 3.14.012(l).
(6)
Political signs which comply with the limitations and provisions
contained in this article.
(7)
On-premises directional signs.
(8)
Cornerstones and memorial signs or tablets containing the names of
buildings, date of erection, and other information customarily placed
on such signs, when cut into any masonry surface or when constructed
of bronze or other noncombustible materials, and provided that such
sign does not contain any commercial messages.
(9)
Decorative displays for holidays or public demonstrations which do
not contain advertising.
(10)
Temporary signs advertising noncommercial community events.
(11)
Signs which state the name of the business which constructed a fence,
provided that such sign is unlighted and does not exceed one square
foot in size.
(12)
Air navigation facilities such as directional beacons.
(13)
Decorative flags, subject to the regulations regarding flags indicated in section 3.14.012(l).
(14)
Governmental flags, subject to the regulations regarding flags indicated in section 3.14.012(l).
(15)
Athletic signs.
(b)
Signs
for which no permit is required must still conform to all other applicable
requirements of this article.
(Ordinance 2016-01, sec. 3, adopted 1/15/16)
(a)
The
following schedule shall apply to signs in nonresidential zoning districts:
|
Permanent Sign Type
|
Permitted District
|
Permit Required
|
Maximum Area of Signs
|
Maximum Height of Signs
|
Minimum Height from Street Grade
|
Number of Signs
|
Setback
|
Spacing of Signs
|
|---|---|---|---|---|---|---|---|---|
|
Ground (Pole or monument)
|
GC, RC, FW
|
Yes
|
FW: 150 sq. ft. each face GC, RC: 100 sq. ft. each face
|
FW: 50' GC, RC: 30'
|
(See sec. 3.14.012(k))
|
1 per each street frontage of premises
|
Outside of right-of-way and easements
|
100' from adjacent ground signs
|
|
Wall, canopy, awning, marquee, projection/ blade (See subsecs.
(b) and (c))
|
GC, RC, FW
|
Yes
|
(See subsec. (c))
|
Not to exceed height of main structure
|
|
|
|
|
|
Window (See subsec. (d))
|
GC, RC, FW
|
No
|
(See subsec. (d))
|
|
|
|
|
|
|
Nameplate/ mailbox
|
All nonresidential districts
|
No
|
10 sq. ft.
|
|
|
1 sign per premises
|
|
|
|
Pole banner sign
|
GC, RC, FW
|
Yes
|
20 sq. ft. each face
|
30'
|
8'
|
2 per pole
|
Outside of easement and right-of-way
|
Poles must be used for lighting and meeting lighting regulations
|
|
Electronic price signs (See sec. 3.14.012(i))
|
GC, RC, FW
|
Yes
|
Included in ground sign limits
|
Included in allowed ground sign
|
Included in allowed ground sign
|
Included in allowed ground sign
|
Included in allowed ground sign
|
Included in allowed ground sign
|
|
Insignia/business logo flags
Governmental flags
Decorative flags
|
All nonresidential districts
|
No (flagpoles must be permitted if required by the city building
codes – International Building Code, sec. 1609.1.1)
|
4' x 6'
Maximum flag size
|
20'
Maximum flagpole height
|
|
3 flags per premises
1 flag per flagpole
|
10' setback from easements or right-of-way
|
|
|
Temporary Sign Type
|
Permitted District
|
Permit Required
|
Maximum Area of Signs
|
Maximum Height of Signs
|
Maximum Height from Street Grade
|
Number of Signs
|
Setback
|
Spacing of Signs
|
Time Limitation
|
|---|---|---|---|---|---|---|---|---|---|
|
Real estate, construction (See secs. 3.14.012(g) and 3.14.012(h))
|
All nonresidential districts
|
No
|
75 sq. ft. each face
|
15'
|
|
1 sign per premises or street frontage
|
10' from curb, 15' from driveway
|
|
7 days after sale or project completion
|
|
Balloons (See sec. 3.14.012(a))
|
All nonresidential districts
|
No
|
Maximum 24" balloons only
|
Not to exceed height of main structure
|
|
|
Outside of right-of-way
|
|
Fri–Sunday, and Federal Holidays
|
|
Inflatable (See sec. 3.14.012(b))
|
GC, RC, PW
|
Yes
|
|
25'
|
|
1 per premises
|
10' setback from easement or right-of-way
|
|
14 days per period, with 90 days between occurrences
|
|
Banners, nonresidential yard, feather flags or blades
|
GC, RC, PW
|
Yes
|
30 sq. ft. each face
|
Feather 13' from ground/street grade or pole base; all others
not to exceed height of main structure
|
|
Maximum one per 100' per individual street frontage
|
Outside of right-of-way
|
|
7:00 a.m.– 7:00 p.m. only, must be removed nightly
|
(b)
Wall signs.
Wall signs are permitted in nonresidential
zoning districts in accordance with the provisions of this subsection.
(1)
A commercial enterprise may have wall signage on each side of the
building or structure housing the enterprise which side is parallel
to and visible from a public street or roadway, as permitted herein.
(2)
Formulation.
The effective area of a wall sign shall
not exceed twenty-five percent of the square footage of the side of
the building facade upon which the signage will be placed, exclusive
of doors and windows. Each side of a building shall be subject to
a separate calculation, and only the portion of the building owned,
leased, or otherwise occupied by the enterprise may be included.
(3)
Projection from building surface.
All wall signs and
sign copy shall be mounted parallel to the building surface to which
they are attached, and shall project no more than eighteen (18) inches
from the surface.
(c)
Awning, canopy, marquee and letter signs.
All awning,
canopy, marquee and letter signs shall be considered wall signs.
(d)
Window signs.
Window signs are permitted in nonresidential
zoning districts in accordance with the provisions of this subsection.
(1)
A commercial enterprise may have window signage on each side of the
building or structure housing the enterprise which side is parallel
to and visible from a public street or roadway, as permitted herein.
(2)
Formulation.
The effective area of a window sign shall
not exceed twenty-five percent of the square footage of the glass
doors and windows upon which the signage will be placed. Each side
of a building shall be subject to a separate calculation, and only
the portion of the building owned, leased, or otherwise occupied by
the enterprise may be included.
(e)
Multitenant properties.
On-premises multitenant directory
signs shall be permitted on commercial shopping center sites that
have more than one business enterprise on the premises. These signs
shall be governed by the following regulations.
(1)
Premises.
A multi-center shopping center site shall
be considered as being one premises. For the purpose of this section
a premises shall consist of a single platted lot or tract, and which
are commonly recognized and identified as a single development.
(2)
Number of signs.
One on-premises multitenant directory
sign is permitted along each perimeter street for each three hundred
(300) linear feet of property parallel to such street, provided, however,
that such directory signs may not be located closer than 300 feet
from the nearest adjacent multitenant directory sign. The presence
of out-parcels adjacent to and between the premises and such public
street shall not affect the calculation of the number of directory
signs permitted, provided, however, that all directory signs must
be located on the premises or within a designated, recorded, and platted
permanent easement providing access to the premises.
(3)
Design approval.
All multitenant signs on a premises
shall conform as nearly as practicable in type, design, font, color
and lighting, to create a uniform appearance for all signage on the
premises, provided, however, that allowance may be made for established
corporate logos and design themes. The location and design of all
multitenant signs shall be approved by the city council upon recommendation
by the planning and zoning commission.
(f)
Master sign plans.
(1)
Purpose.
The purpose of a master sign plan is to allow
an applicant, subject to approval of the city council, the option
of designating an area that will contain common characteristics in
all sign elements in the area, unique to the area, including type,
design, and location based upon specific performance criteria. The
goal of a master sign plan is to:
(A)
Promote consistency among signs within a development thus creating
visual harmony between signs, buildings, and other components of the
property;
(B)
Enhance the compatibility of signs with the architectural and site
design features within a development;
(C)
Encourage signage that will be unique to a development, but consistent
within the development, that will function in harmony and character
with planned and existing uses to create a unique sense of place;
(D)
Encourage multitenant commercial and industrial uses to develop a
consistent set of sign regulations in conjunction with common development
standards; and
(E)
Facilitate the permitting of signage that may be at variance with
the strict application of the other regulations contained in this
section, but still consistent with the purposes of this section, thereby
allowing a developer sufficient flexibility to accomplish reasonable
commercial goals while maintaining the quality of life of the residents
of the city.
(2)
Eligibility.
Only the developer or owner(s) of a designated
area at least ten (10) acres in size which is developed or redeveloped
as a master-planned commercial or industrial site may apply for a
master sign plan permit.
(3)
Application process and requirements.
(A)
The applicant shall develop a master sign plan for all sign elements
in the development based on the sign design guidelines established
in this subsection.
(B)
A master sign plan application shall be a written and illustrated
document to depicting the proposed general location, number, size,
type, design (including type of illumination and palette), and other
elements and information that the developer believes will assist the
city council in its review. The city council may request any additional
information deemed by the council to be relevant.
(C)
Once the building official determines that a particular development
is eligible for consideration for a master sign plan, that all applicable
fees have been paid, and that the proposed master sign plan is complete
and in accordance with the provisions of this subsection, the building
official shall place the master sign plan on the agenda for city council
consideration and action. The city council shall make a determination
on the master sign plan, considering the purposes of this section.
The decision of the city council shall be final.
(D)
If the city council grants the application for a particular development,
all signs in that development shall conform to the standards approved
in that master sign plan, and the approved master sign plan shall
constitute a variance from the other provisions of this section.
(E)
If the council grants the application in part, the applicant may
elect to accept such approval, and if so accepted, the master sign
plan as approved by the council and accepted by the applicant shall
constitute a variance from the other provisions of this section.
(F)
If the council denies the application, or if the applicant elects
not to accept the master sign plan as approved by the council, the
other provisions of this section will govern all signs within the
development.
(Ordinance 2010-19 adopted 11/22/10; Ordinance 2016-01, sec. 4, adopted 1/15/16)
(a)
The
following schedule shall apply to signs in residential zoning districts:
|
Permanent Sign Type
|
Permitted District
|
Permit Required
|
Maximum Area
|
Maximum Height
|
Minimum Height
|
Number of Signs
|
Setback
|
Spacing of Signs
|
|---|---|---|---|---|---|---|---|---|
|
Monument (See subsec. (b)
|
MF, SF-32
|
Yes
|
50 sq. ft. each face
|
8'
|
3'
|
1 per each street frontage of premises
|
Must be outside right-of-way and easements
|
|
|
Wall (See subsec. (b)
|
MF
|
Yes
|
(See subsec. (b))
|
(See subsec. (b))
|
(See subsec. (b))
|
(See subsec. (b))
|
(See subsec. (b))
|
(See subsec. (b))
|
|
Nameplate/ mailbox
|
All residential districts
|
No
|
5 sq. ft.
|
|
|
1 sign per premises
|
|
|
|
Governmental flags
Decorative flags
|
All nonresidential districts
|
No (flagpoles must be permitted if required by the city building
codes – International Building Code, sec. 1609.1.1)
|
4' x 6'
Maximum flag size
|
20'
Maximum flagpole height
|
|
3 flags per premises
1 flag per flagpole
|
10' setback from easements or right-of-way
|
|
|
Temporary Sign Type
|
Permitted District
|
Permit Required
|
Maximum Area
|
Maximum Height of Signs
|
Minimum Height from Bottom
|
Number of Signs
|
Setback
|
Spacing of Signs
|
Time Limitation
|
|---|---|---|---|---|---|---|---|---|---|
|
Real estate, construction (See secs. 3.14.012(e) through 3.14.012(h))
|
All residential districts
|
No
|
Single lot 6 sq. ft. each face; multi-lot or multifamily 75
sq. ft.
|
5'
|
|
1 sign per premises or street frontage
|
10' from curb, 15' from driveway
|
|
7 days after sale or project completion
|
|
Residential subdivision or association sign (See sec. 3.14.012(d))
|
All residential districts
|
No
|
24 sq. ft.
|
5'
|
|
Maximum 1 per subdivision or development entrance
|
Outside of right-of-way
|
|
60 days per year
|
|
Residential yard sign
|
SF-2A, SF-32, MH
|
No
|
6 sq. ft. each face
|
3'
|
|
1 sign per premises or street frontage
|
Outside of right-of-way
|
|
For the duration of the activity, but removed 30 days following
completion
|
|
Garage sale
|
All residential districts
|
No
|
6 sq. ft. each face
|
|
|
1 sign per premises. 2 signs off premises with permission of
property owner
|
On premises 10 ft. from curb or improved surface & 15 ft.
from any driveway
|
No restriction
|
7 days
|
(b)
In
addition, the following regulations shall apply in all residential
zoning districts:
(1)
Political and temporary real estate signs.
An occupant
in residential zoning districts may erect only political signs, real
estate signs, and signs containing no product or sale information.
No sign in a residential zoning district shall exceed six (6) square
feet in gross surface area.
(2)
Monument signs - multifamily.
On-premises monument signs
are permitted on property zoned for multifamily uses subject to the
following restrictions:
(A)
Number of signs.
Each premises may have no more than
one (1) sign for each street frontage.
(B)
Setback, effective area and height.
No ground sign shall
exceed thirty-two (32) square feet of gross surface area per side.
No ground sign shall exceed the maximum height for the zoning district
in which the sign is located. The ground sign must set back behind
the street right-of-way or property line.
(C)
Wall signs - multifamily.
Wall signs are permitted on
property zoned for multifamily uses subject to the following restrictions:
(i)
All wall signs shall be for building identification only, i.e.
address or building numbers.
(ii)
A maximum of two signs per building is permitted.
(iii)
All signs and sign copy shall be mounted parallel to the building
surface to which they are attached. Signs shall not be mounted on
roofs and shall not project above the roof.
(iv)
No signs or sign copy shall exceed twenty-four (24) inches in
height.
(Ordinance 2016-01, sec. 5, adopted 1/15/16)
Sign regulations for planned development districts which contain
both commercial and/or industrial uses and residential uses shall
be established in the ordinance establishing the zoning for such district
or by separate ordinance.
(a)
Notwithstanding
any other provision of this article, any sign that may display a commercial
message may also display a noncommercial message, either in place
of or in addition to the commercial message, provided the sign complies
with the other requirements of this article and other city ordinances.
(b)
Notwithstanding
any other provision of this article, or other ordinance, any sign
that may display one type of noncommercial message may also display
any other type of noncommercial message, provided the sign complies
with the other requirements of this article and other city ordinances.
(a)
Maintenance and repairs.
All signs shall be maintained
in good structural condition, in compliance with all building and
electrical codes, and in conformance with this section at all times.
No permit shall be required to perform routine maintenance or changing
of the parts or copy of a sign, provided that the maintenance or change
of parts or copy does not alter the gross surface area, height or
otherwise render the sign nonconforming with the requirements of this
section.
(b)
Nuisance declared.
Pursuant to Texas Health and Safety
Code, chapter 342, as amended, a sign that is dilapidated, deteriorated,
unsafe, unsecured, is a hazard to the health or safety of the public,
or is abandoned, as defined herein, is hereby declared a nuisance.
The nuisance may be abated by repair, rehabilitation, demolition or
removal in accordance with these procedures and as provided by law.
(c)
Removal of dilapidated or deteriorated signs.
If the
building official determines that any sign is dilapidated or deteriorated,
the building official shall give written notice to the property owner,
lessee or sign erector to repair, replace or remove such sign. If
the property owner, lessee or sign erector fails to remove or repair
the sign within ten (10) days after such notice, the building official
may remove the sign at the expense of the owner of the property upon
which the sign is located. The building official may cause any sign
which is an immediate hazard to persons to be removed without notice
and the cost of same shall be paid by the property owner.
(d)
Removal of abandoned or illegal signs.
(1)
Except as provided in subsection (2) below, any sign which the building official determines is abandoned or in violation of this section, shall be removed by the sign erector, property owner or lessee of the land, buildings or structure upon which the sign is located within ten (10) 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 sign, and any expense incident thereto shall be paid by the sign erector, property owner or lessee of the land, building or structure to which sign is attached or upon which it is erected.
(2)
Illegal temporary signs, as defined herein, may be removed immediately
and shall be retained by the building official for a period not less
than 30 days before disposal.
(e)
Assessment of expenses; lien.
(1)
The city does hereby assess the expenses incurred in abating any
signs declared to be a nuisance under this section against the owner
of the real estate on which the nuisance is abated, and charge the
owner of the property for the same.
(2)
The city shall send the owner of the property upon which the work
was done a notice. The notice shall include:
(A)
An identification of the property;
(B)
A description of the violation;
(C)
A statement that the city abated the condition;
(D)
A statement of the city’s charges and expenses in abating the
condition;
(E)
An explanation of the property owner’s right to request a hearing
within ten (10) days; and
(F)
A statement that in the event the owner fails or refuses to pay the
expense within thirty (30) days after the first (1st) day of the month
following the one in which the work was done, the mayor or his designee
shall obtain a lien against the property by filing with the county
clerk of the appropriate county a statement of the expenses so incurred.
(3)
The city council will conduct a hearing if the property owner submits
a written request within ten (10) days of the property owner’s
receipt of said notice. The city council may find, if a preponderance
of the evidence presented so shows, that the charges are erroneous.
(4)
The notice shall state that in the event the owner fails or refuses
to pay the expense within thirty (30) days after the first (1st) day
of the month following the one in which the work was done, the mayor
or his designee shall obtain a lien against the property by filing
with the county clerk of the appropriate county as statement of the
expenses so incurred.
(5)
The lien is security for the expenditures made and interest accruing
at the rate of ten (10) percent per annum from the date of payment
by the city.
(6)
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.
(7)
For any such expenditures and interest, suit may be instituted and
recovery and foreclosure had by the city. The statement of expenses
or a certified copy therefor, is prima facia proof of the expenses
incurred by the city in doing the work or making the improvements,
all as more particularly specified in Texas Health and Safety Code
ann. section 342.007, as amended, which is adopted and incorporated
herein by reference.
(a)
A
property owner may apply for a variance from the requirements of this
section by submitting a written request for variance to the administrative
official. The request must include the following, where applicable:
(1)
A description of the requested variance and an explanation of why
it should be granted, including any benefits to the public or other
meritorious reasons for the variance;
(2)
A brief description of alternatives considered and why the requested
variance is the preferred alternative;
(3)
A description of the economic benefits, if any, of the variance,
and adverse economic consequences if the variance is not granted;
(4)
A description of how the variance is consistent with the goals and
purposes of this section; and
(5)
If a location variance, a site plan of the property visually depicting
the requested variance, or if a design or size variance, a graphic
depiction of the proposed sign on the property.
(b)
The
building official shall review the application for completeness, and
if the building official determines that the application is incomplete,
the building official shall return the application within fourteen
(14) calendar days of receipt to the applicant unfiled with a written
description of the deficiencies in the application.
(c)
If
the building official determines that the application is complete,
the building official shall place the variance request on the first
available planning and zoning commission and city council agendas
for consideration. The planning and zoning commission shall recommend
appropriate action to the city council. In considering the variance,
the planning and zoning commission and the city council may take into
account the factors enumerated above. The recommendation of the planning
and zoning commission and the decision of the city council shall be
by majority vote. The determination of the city council shall be final.
(a)
Regulation of nonconforming signs.
(1)
When there exist signs which were lawful when installed, but which
would currently be prohibited, regulated or restricted under the terms
of this section, it is the intent of these regulations to permit such
nonconforming signs to continue only until their normal expected useful
life is exhausted or amortized, or until they are abandoned or discontinued,
as defined herein, whichever is earlier. It is further the intent
of this article that such nonconforming signs shall not be renovated
or enlarged.
(2)
Signs erected without a permit, either prior to or after the adoption
of this section, are illegal if a permit was required for its erection
at the time the sign was erected. It shall be unlawful to maintain
any illegal sign. By the passage of this section, no presently illegal
sign shall be deemed to have been legalized unless and until a permit
is obtained and such sign complies with all standards under the terms
of this section and all other ordinances of the city.
(3)
For the purpose of this section, “abandonment” shall
be defined as intent by the owner to permanently cease using the sign,
coupled with any act or statement by the owner that manifests such
intent. The following conditions, events or conduct shall be presumed
to constitute intent to abandon a nonconforming use:
(4)
For the purpose of this section, “discontinuance” shall
be defined as follows:
(5)
Upon the request of the city or any other interested complainant,
including the owner of any real property located within one thousand
(1,000) feet of the real property upon which a legal nonconforming
sign is located, the building official shall make a written determination
as to whether such use has been abandoned or discontinued as provided
herein.
(6)
If the complainant or the owner of the nonconforming sign wishes
to appeal a determination as to whether the nonconforming sign has
been abandoned or discontinued, such person may perfect an appeal
by filing a written notice of appeal with the building official and
city secretary and paying the applicable fee within ten (10) business
days of the building official’s decision. Upon the filing of
such an appeal, the city council shall, as soon as practicable, hold
a public hearing on such appeal, and, following such public hearing,
may reverse the decision of the building official based on a majority
vote of the members present and voting. The complainant shall bear
the burden of proof and persuasion to establish either that the nonconforming
sign has been abandoned or discontinued, except that the owner of
the nonconforming use shall bear the burden of proof and production
to establish that the owner of the nonconforming use did not have
actual intent to abandon the use, if intent is in issue.
(b)
Refacing, destruction or damage to nonconforming sign.
(1)
If a legal nonconforming sign is totally refaced or totally destroyed,
or is partially refaced or partially damaged by the elements, fire,
other catastrophe, or other casualty, the sign may not be repaired
or reconstructed, except as specified below.
(2)
If a nonconforming sign is partially refaced or partially damaged
by the elements, fire, other catastrophe, or other casualty, and the
owner of the nonconforming sign wishes to reface, repair or reconstruct
the sign, the building official shall first determine in writing whether
the cost of refacing, repair or reconstruction is less than fifty
percent (50%) of the replacement cost. In making a determination regarding
the cost of refacing, repair or reconstruction and replacement cost,
the building official shall include all costs to make the sign structure
conform to all applicable health and safety regulations adopted by
the city.
(3)
If the building official determines that the cost of refacing, repair
or reconstruction is less than fifty percent (50%) of the sign’s
replacement cost, and the owner of the nonconforming sign complies
with all other requirements of this code, the owner of the nonconforming
sign shall be entitled to a permit permitting the owner to reface,
repair or reconstruct the sign, provided that the repaired or reconstructed
sign shall conform to all applicable health and safety regulations
adopted by the city. If the building official determines that the
cost of refacing, repair or reconstruction is equal to or greater
than fifty percent (50%) of the sign’s replacement cost, the
owner of the nonconforming sign shall be authorized to reface, repair
or reconstruct the sign only if the proposed refacing, repairs and
reconstruction completely eliminate the nonconformity; otherwise,
the owner shall be required to demolish the nonconforming sign and
bring the property into full conformity with the terms of this section.
(4)
With regard to any request to reface, repair or reconstruct under
this section, if the owner of a nonconforming sign fails to begin
refacing, repair or reconstruction of the sign (when permitted to
do so by the terms of this article) within sixty (60) days of the
date of issuance of a permit authorizing such refacing, repair or
reconstruction, the nonconforming sign shall be deemed to be discontinued
as provided above, and the owner shall be required to demolish the
nonconforming sign and bring the property into full conformity with
the terms of this section.
(c)
Amortization of nonconforming signs.
(1)
The city may from time to time, on its own motion or upon cause presented
by interested persons, inquire into the possible amortization of any
nonconforming sign within the city. The city council may take specific
action regarding amortization of a nonconforming sign under the guidelines
established in this section. The concurring vote of four (4) members
of the council shall be necessary to take any such action.
(2)
The city council may order the immediate termination of a nonconforming
sign if the council determines that the owner’s investment in
the nonconforming use or structure has been recouped through amortization
over time.
(3)
Alternatively, if the city council determines that the owner’s
investment in the nonconforming use or structure has not been recouped
through amortization at the time of the hearing, the council may order
the termination of a nonconforming sign on such future date on which
the council determines the owner’s investment in the nonconforming
use or structure will be recouped through amortization.
(4)
In making any determination under this section, the city council
shall first hold a public hearing. The building official shall provide
the owner of any nonconforming use or structure for which termination
or amortization is sought with at least fifteen (15) days prior written
notice of the action sought.
(5)
In making any determination under this section, the city council
shall consider the investment of the owner in the nonconforming sign,
the reasonable expected useful life of a sign of similar construction,
the past and/or anticipated future profitability of or income production
from the nonconforming sign, the desirability for all property to
conform to the city’s sign regulations, the character of the
area surrounding the nonconforming sign, the adverse impacts, if any,
of the nonconforming sign on the surrounding property and neighborhood,
the diminishment of value, if any, of the surrounding property and
neighborhood due to the continuance of the nonconforming sign, the
property rights both of the owner of the nonconforming sign and the
owners of adjacent and nearby properties, and the public welfare.
(6)
The city will bear the burden of proof and persuasion on the desirability
for all property to conform to the regulations of the city’s
sign regulations, the character of the area surrounding the nonconforming
sign, the adverse impacts, if any, of the nonconforming sign on the
surrounding property and neighborhood, the diminishment of value,
if any, of the surrounding property and neighborhood due to the continuance
of the nonconforming sign, the property rights of the owners of adjacent
and nearby properties, and the public welfare. The owner of the nonconforming
structure or use will bear the burden of proof and persuasion on the
owner’s property rights, the investment of the owner in the
nonconforming sign, and the past and/or anticipated future profitability
of or income production from the nonconforming sign. The decision
of the city council shall be final.
Prior to any hearing before the planning and zoning commission
and/or the city council under this article regarding nonconforming
signs or requested variances, the building official shall provide
the applicant or appellant with at least fifteen (15) days prior written
notice of the date for the hearing. At the public hearing on the issue,
the city will be represented by the city attorney or a designated
staff representative. The owner may appear in person and/or by counsel,
and the applicant or appellant, the city, and any other interested
persons may present any evidence, written or oral, to the commission
or the council, which each deems relevant. Neither the planning and
zoning commission nor the city council will be bound by formal rules
of evidence.
(Ordinance 2010-19 adopted 11/22/10)
