(a) 
The purpose of this article is to promote the health, safety and welfare of the public. It is the city’s intent to achieve this goal by enacting a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory standards and requirements for signs within the city and its extraterritorial jurisdiction.
(b) 
With these concepts in mind, this article is adopted to preserve and protect the public health, safety and welfare of the citizens of the city and to balance public and private objectives by allowing adequate signage for business identification, to maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic development and growth. In addition this article is intended to improve pedestrian and traffic safety; to protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape which affects the image of the city; and to enable the fair and consistent enforcement of these sign regulations.
(Ordinance O-041012, ex. A (3.09.001), adopted 4/10/12)
The following terms shall have the following meanings:
Attached sign.
A sign that is attached to, applied on, or supported by any part of a building, other than an awning or canopy.
Awning sign.
A sign that is applied to, attached, or painted on an awning or other roof-like cover, projecting from the wall of a building typically over a window or door.
Banner sign.
A sign applied to a non-ridged plastic, cloth, canvas, or other lightweight fabric and attached to the wall or facade of a building or between two posts.
Brick.
Hard fired or kiln fired clay or shale material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick, Severe Weather Grade.
Civic sign.
A temporary stake sign, banner or coroplast sign to advertise an event for a government, religious institution or non-profit organization for a period not to exceed 14 days. This definition excludes directional signs for regularly scheduled religious events. A civic sign may also publicize times or locations of special events for schools and athletic team registrations.
Coroplast signs.
Tough, waterproof, corrugated plastic sign which resembles the appearance of plastic cardboard.
Electronic message (L.E.D.) sign.
An on-site, non-temporary sign that uses light bulbs or light emitting diodes to display messages of advertisement as announcements.
Gasoline canopy sign.
A sign that is applied to, attached, or painted on a canopy or other roof like cover intended for the protection of gasoline pumps from the weather or as a decorative embellishment.
Home occupation.
The use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes.
Monument sign.
A freestanding, self-supporting sign, supported by columns and a base, which is placed on or at ground level, and not attached to any building wall, fence or other structure. The sign will have a greater percentage of base than clear space under the sign face.
Nonconforming sign.
A sign that was legally installed in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.
Off-premises sign.
A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located (216.002 Local Government Code).
Pole or pylon sign.
A freestanding sign principally supported by one or more columns, poles or braces placed in or upon the ground with some degree of clear space
Political sign.
A temporary sign supporting, encouraging, or identifying any candidate, proposed amendment, or bond proposal in an upcoming election, at a national, state, county or local level.
Portable sign.
A sign that has a principal supporting structure intended by design, use or construction to rest upon the ground and to be easily moved or relocated or reused. A portable sign includes a sign mounted on a trailer or other mobile structure. If a portable sign is made to be non-mobile it is still considered a portable sign.
Sandwich board sign.
A sign that is constructed in such a manner as to form an “A” or tent like shape, whether hinged or not at the top, with each angular face held at an appropriate distance by a supporting member. This can also include a sign that forms an upside down “T.”
Sculpted aluminum panel.
An aluminum sign panel with text or graphic depictions cut out from the panel, typically with a translucent material covering the cutout from the interior side of the panel.
Sight triangle.
The area within a right triangle formed by extending the curblines of intersecting streets from the point of intersection for a distance of 45 feet to the hypotenuse, or for streets intersecting a driveway or alley for a distance of 20 feet to the hypotenuse.
Sign.
An outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise or inform (216.002 Texas Local Government Code).
Sign face.
The surface of one side of a sign, excluding the base or supporting structure.
Stake sign.
A temporary sign with a maximum sign area of six square feet and a maximum height of three feet on a wooden stake or a wire frame.
Stone material.
Hard and durable naturally occurring all weather stone, cut stone, dimensioned stone and manufactured stone products, but does not include concrete masonry units.
Street.
A public highway, boulevard, parkway, street, avenue, road, or lane, which affords a primary means of access to a lot, but does not include an alley or private driveway or easement.
Temporary sign.
Temporary signs include but are not limited to banners, stake signs, emblems, portable signs, inflatables, wind signs including balloons, pennants and streamers or any other sign that moves in the wind (excluding national or state flags), or any other temporary advertising media intended to identify or direct attention to a product, service, place, activity, or business.
(Ordinance O-041012, ex. A (3.09.003), adopted 4/10/12)
For purposes of this article, all territory within the city’s jurisdiction is classified into a land use (L.U.) category. Those properties within the city limits are classified based upon their zoning district classification. Those properties located within the extraterritorial jurisdiction (ETJ) shall be classified based upon the future land use map of the comprehensive plan. Identification by a L.U. category is for the purposes of determining allowable signage only and in no manner shall be interpreted as the city zoning property within the extraterritorial jurisdiction or establishing vested rights regarding applicable zoning should the property be annexed into the city limits.
(1) 
Low-density residential L.U. category includes any residential site in an AG, R-1, R-2, MHS, zoning district or equivalent use in the city’s extraterritorial jurisdiction (“ETJ”). Nonresidential uses permitted in this low-density residential L.U. category shall be included in the commercial L.U. category below.
(2) 
Multifamily residential L.U. category includes any site in an MF-1 or MHP zoning district or equivalent use in the ETJ. Nonresidential uses permitting in this multifamily residential L.U. category shall be included in the commercial L.U. category below.
(3) 
Commercial L.U. category includes any site that is located within the boundaries of a B-1, B-2, I-1, or I-2 zoning district or equivalent use in the ETJ.
(Ordinance O-041012, ex. A (3.09.004), adopted 4/10/12)
X
Not allowed
P
Allowed with permit
C
Allowed in compliance with this article; no permit required
S
Only with special exception
SIGN TYPE
LAND USE CATEGORY
Temporary signs
Single-family
Multifamily
Commercial
Sandwich board
X
X
C
Banner – coroplast
C
C
C
Commercial construction
X
C
C
Development sign
C
C
C
Government
C
C
C
Human
X
C
C
Real estate, commercial
X
C
C
Real estate, residential
C
C
X
Stake signs
C
C
C
Civic signs
C
C
C
Political
C
C
C
Permanent signs
 
 
 
Awning/canopy
X
P
P
Building directory
X
C
C
Directional
X
P
P
Information
P
P
P
Menu
X
X
C
Single tenant monument
X
X
P
Multifamily monument
X
P
X
Multi-tenant monument
X
X
P
Subdivision entrance monument
P
X
X
Vending
X
C
C
Roof mounted
X
X
P
Attached (wall)
X
P
P
Gas canopy sign
X
X
P
Window
X
X
C
Pole or Pylon Sign
X
X
S
(Ordinance O-041012, ex. A (Table 1), adopted 4/10/12)
(a) 
The regulations governing the size, height, number, location, and placement of signs herein are calculated to ensure that all private, public, institutional, commercial, and industrial facilities located in the city have the right to display adequate signs consistent with the need to identify the facility, advertise the location, and indicate services and products available on the premises.
(b) 
Except where noted in this section, all signs erected within the city will be subject to the following general requirements:
(1) 
Signs are permitted within land use categories in a manner specifically authorized by section 3.09.004 of this article.
(2) 
In order to erect signs or display advertising permanently outdoors legally, a permit must be first obtained from the city, except where stated otherwise.
(3) 
No sign base, support structure or any portion of any sign type is allowed in the public right-of-way or to overhang into the street right-of-way.
(4) 
Signs shall not constitute a traffic hazard. No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner, or intensity of illumination it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic. All signs shall be located outside of the sight triangle as defined within this article.
(5) 
Facade signs and other signs affixed to a building or structure shall not protrude above the principal roofline of a pitched roof or the top of a mansard roof or flat roof for any building or structure. Facade signs shall be allowed for each tenant that has a direct, outside entrance or storefront. Sign placement is limited to the extent of the bay or storefront.
(6) 
All signs shall be located on developed property or property to which a building permit has been issued for construction of the use or building to which the sign is for, unless otherwise specified herein.
(7) 
Sign on fence, wall, etc.
No person shall paint a sign or attach a sign, other than a nameplate and address (showing a street number), to the outside of a fence, railing or a wall which is not a structural part of a building. The two exceptions are as follows:
(A) 
Name of the company, which constructed the fence, is also permitted but not exceeding one square foot in size.
(B) 
Political signs which comply with the other provisions of this article.
(Ordinance O-041012, ex. A (3.09.005), adopted 4/10/12)
(a) 
Illumination of all outdoor signs and advertising of permanent or temporary duration must not be chasing, or flashing.
(b) 
When any sign is illuminated, the light(s) must be properly installed, shaded, or concealed, so that the light emitted will illuminate the sign face and will not interfere with the vision of motorists nor shine directly onto residentially zoned property or abutting residential uses.
(c) 
Any spotlights allowed to illuminate signs or sign illumination must be shielded such that their light source cannot be seen from abutting roads or properties.
(d) 
Electronic message (L.E.D.) signs:
(1) 
Shall be incorporated into a permitted sign on each tract or parcel of land, as provided herein.
(2) 
May be up to 100 percent of the area of the sign face.
(3) 
Any change of pictures or information on the sign shall not change more often than once each three seconds for all displays on the sign.
(Ordinance O-041012, ex. A (3.09.006), adopted 4/10/12)
All signs must be designed, constructed, and maintained in accordance with the following standards:
(1) 
All signs must comply with applicable provisions of the city code at all times.
(2) 
Electrical permit required. Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. No sign shall be erected that is in violation of the adopted electrical code. However, the sign contractor may tie the sign to an existing power source or to power provided by an electrician that has permitted the job.
(3) 
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs must be constructed of durable materials and must be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(4) 
All signs must be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this article, at all times.
(5) 
All signs must maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically, or as may otherwise be required by the utility provider. Any relocation of power lines to provide this clearance will be at the expense of the sign owner or as otherwise required by the electrical utility.
(Ordinance O-041012, ex. A (3.09.007), adopted 4/10/12)
The following signs are exempt from the requirements of this article:
(1) 
Government sign.
A sign erected or maintained pursuant to a government function, required by law, ordinance or government regulation or located on property owned, leased or under the control of the United States, the State of Texas, Henderson County, the City of Chandler, Brownsboro Independent School District, or an agency thereof.
(2) 
Private traffic control.
A sign on private property containing no advertising that directs the movement of traffic, warns of obstacles or overhead clearances, or controls parking, including an entrance and exit sign.
(3) 
Sign not visible from a street or public property.
A sign not visible from a street or public property.
(4) 
Utility or hazard sign.
A sign marking utility or underground communication or transmission lines or hazards.
(5) 
Plaque.
A historical or commemorative plaque of a recognized historical society or organization.
(6) 
Mailbox.
Names and addresses located on mailboxes.
(7) 
Vehicle sign.
Signs displayed or used on registered vehicles and trailers while either used on a daily basis in the commission of the resident business or parked in a legally marked parking space at an existing place of business which is open for patronage for eight (8) hours or less. This exemption does not apply to signs displayed or used on vehicles or trailers permanently stationed or regularly used at a fixed location to serve the same or a similar purpose of a permanent or portable sign. A vehicle or trailer shall be considered to be permanently stationed and therefore not exempt from the requirements of this article if: it is not parked at an existing place of business which is open for patronage, not parked in a legally marked parking space, not used on a daily basis in the commission of the resident business, or parked at the same business for a period greater than eight (8) hours.
(8) 
Sign on outdoor machines, devices or equipment.
A sign located on an outdoor machine, device or equipment which displays the trademark, trade name, manufacturer, cost, or operating or service instructions or similar information but does not advertise the business where located. This exemption includes a sign on a coin-operated vending machine, fuel dispensing pump, telephone facility, automatic teller machine, automotive vacuum cleaner, amusement ride or similar machine, device or equipment.
(9) 
National or state flag.
A national or state flag.
(10) 
Athletic field.
Signs located on the field side of a scoreboard or fence of an athletic field or facing internal to the complex.
(11) 
Holiday sign or lights.
A temporary sign including Christmas lights containing only holiday messages and no commercial advertising.
(12) 
Sign on a person or animal.
A handheld sign on a person or animal.
(13) 
Unused sign.
A sign being manufactured or transported and not used for advertising.
(14) 
Window and door sign.
A sign painted on or placed on and supported by the glass surface of a window or door, if not illuminated with the intent of being viewed from a street.
(Ordinance O-041012, ex. A (3.09.008), adopted 4/10/12; Ordinance O-2017-1212-A adopted 12/12/17)
(a) 
Policy.
It is the policy of the city to encourage, and to the maximum extent practicable, require that all signs within the city be brought into compliance with the terms of this article.
(b) 
Existing sign and/or sign structures rendered nonconforming.
Permanent signs which existed prior to the effective date of this article and which were constructed in compliance with the previous regulations but became nonconforming as a result of this legislation will be regulated as follows:
(1) 
A nonconforming permanent sign may be altered, converted or changed as long as such alteration, conversion or change does not increase the extent of nonconformity or exceed the 50-percent provision of subsection (b)(4) of this section. No such sign shall be moved in whole or in part to any other locations where it would remain nonconforming.
(2) 
Any temporary signs which were in existence on the effective date of this article, or on a later date when the property is annexed to the city and which by reason of its size, height, location, or construction is not in conformance with the requirements of this article, shall be removed within 30 days of the effective date of this article. However, this timeframe may be extended by the city administrator to a maximum of 90 days if no other signage will exist and a new sign will be required to be built.
(3) 
Any nonconforming sign, the use of which has been discontinued for a period of 365 days, regardless of any intent to resume or not to abandon such, shall not thereafter be reestablished except in full compliance with this article.
(4) 
If any nonconforming sign requires change, repair, or maintenance which would constitute an expense of more than 50 percent of the replacement cost of the sign, such sign must either be removed or brought within the requirements of this section. Any nonconforming sign that is damaged due to circumstances beyond the owner’s control shall be allowed to be rebuilt, provided that the nonconformity is not increased in any way.
(5) 
Any permanent sign that must be removed shall be done so within 90 days, weather permitting, of the date of the receipt of notice from the code enforcement officer. Any sign requiring change, repair, or maintenance to become conforming must be restored within 90 days, weather permitting from the date of notice.
(c) 
Condemnation.
(1) 
Legal nonconforming sign and sign structures located on a property that is severed from a larger lot of property and acquired by a public entity for public use by condemnation, purchase, dedication or any other means may, at the discretion of the city, be relocated on the remaining lot without extinguishing the legal nonconforming status of the sign provided that the nonconforming sign:
(A) 
Is not increased in size or height;
(B) 
Remains structurally unchanged except for reasonable repairs or alterations;
(C) 
Is placed in the same relative position on the remaining property that is occupied prior to the relocation; and
(D) 
Is relocated in such a manner so as to comply with all applicable safety requirements.
(2) 
After relocation pursuant to this section, the legal nonconforming sign shall be subject to all provisions of this article in its new location.
(Ordinance O-041012, ex. A (3.09.009), adopted 4/10/12)
Any sign not specifically authorized by this article is prohibited unless required by law. The following signs and conditions are prohibited:
(1) 
A portable sign, other than a sandwich board sign.
(2) 
Balloons, streamers, pennants, bunting, banners, or flags. (These types of temporary signs are permitted as part of a sale, promotion or community event for no more than twenty (20) cumulative days in any calendar year.)
(3) 
Stake signs, pole signs or signs that contain moving parts unless specifically authorized by this article.
(4) 
A sign located on a tree, shrub or attached to a streetlight, utility pole, hydrant, bridge, traffic-control device, street sign [sic].
(5) 
A sign that is deteriorated, dilapidated, or unsafe.
(6) 
A sign located in a visibility triangle.
(7) 
A sign located in the right-of-way of a street.
(8) 
A sign located or illuminated so that it interferes with an official traffic sign, signal or device, or obstructs or interferes with the view of approaching, emerging, or intersecting traffic, or prevents a driver of a vehicle from having a clear view of approaching vehicles.
(9) 
A sign illuminated with such intensity or without proper shielding so as to constitute a hazard to the operation of a vehicle on a street or interfere with the reasonable enjoyment of a residential lot;
(10) 
A billboard.
(11) 
Any off-premises changeable electronic variable message sign (billboard) (CEVMS) or light emitting diode (LED) billboards located, relocated, or upgraded along a regulated highway within the corporate limits or ETJ of the city, unless otherwise authorized in an approved agreement by city council.
(12) 
An off-premises sign unless specifically authorized by this article.
(13) 
A sign that is not authorized by this article or that does not conform to the requirements of this article.
(Ordinance O-041012, ex. A (3.09.010), adopted 4/10/12)
(a) 
A variance to the provisions of this code shall be considered an exception to the regulations, rather than a right. Whenever a sign to be erected is of such unusual size, shape or nature that the strict application of the requirements contained in this article would result in substantial hardship or inequity, the city council, acting as the sign control board, may vary or modify, except as otherwise indicated, such requirements in accordance with the provisions listed below, so that the developer may erect a sign in a reasonable manner, but so that, at the same time, the public welfare and interests of the city are protected and the general intent and spirit of this code is preserved. In no event, however, may a variance be granted to the administrative process, to the permit requirements, or allowing a prohibited sign as contained in this article.
(1) 
Jurisdiction.
When a written request for a variance from the design requirements of this article is filed:
(A) 
After conducting a public hearing concerning such requested variance(s), the city council may approve or deny a request for a variance to the design standards and such variance(s), if granted, shall also be considered to be a modification of the sign regulations, applicable to the specified property within such development within the city limits or ETJ.
(2) 
Approval.
In granting approval of a request for variance, the city council shall conclude that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the variance observes the spirit of this article and concludes that substantial justice is done. The city council shall meet these requirements by making findings that:
(A) 
The public convenience and welfare will be substantially served;
(B) 
The appropriate use of surrounding property will not be substantially or permanently impaired or diminished;
(C) 
The applicant has not created the hardship from which relief is sought;
(D) 
The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property;
(E) 
The hardship from which relief is sought is not solely of an economic nature;
(F) 
The variance is not contrary to the public interest;
(G) 
Due to special conditions, the literal enforcement of this article would result in an unnecessary hardship; and
(H) 
In granting the variance, the spirit of this article is observed and substantial justice is done.
(Ordinance O-041012, ex. A (3.09.033), adopted 4/10/12)
A regulation under any other section of this article governs over any conflicting provision contained in this code.
(Ordinance O-041012, ex. A (3.09.034), adopted 4/10/12)
Any person, firm, or corporation found guilty of violating any of the provisions of this article shall be subject to a fine of not more than the maximum fine as provided for in section 1.01.009 of this code together with the costs of such prosecution. Each day during which a violation continues shall be a separate offence.
(Ordinance O-041012, ex. A (3.09.035), adopted 4/10/12)