(a)
A
monument sign shall be located a minimum of five (5) feet from any
lot line and shall not be placed in a public easement or right-of-way
or visibility triangle. No more than one monument sign shall be allowed
in the front yard of a lot. If the lot abuts more than one street
then no more than one monument sign shall be located in each front
yard. A monument sign shall not be located within one hundred twenty-five
(125) feet of another monument sign on the same lot unless the monument
sign displays a menu or pricing for food services in connection with
a drive-through lane or drive up facility at a fast food restaurant.
(b)
A
monument sign shall not be located within fifty (50) feet of another
monument sign on another lot.
(c)
The base and structure of a monument sign shall be architectural in nature and constructed of stucco, brick or stone material and shall be made of the same material as the principal building or buildings located on the lot. For purposes of this section, brick and stone material are defined in accordance with section 3.09.002 of this article. Sculpted aluminum sign panels may be used on a monument sign.
(d)
A
monument sign may be illuminated by a light source located on the
ground if the light source and supporting structure for the light
are not visible from a street. A monument sign may be illuminated
by internal lighting if sculpted aluminum sign panels are used.
(Ordinance O-041012, ex. A (3.09.021),
adopted 4/10/12)
A subdivision entrance sign on each side of the street shall
be permitted at each street entrance into a residential subdivision
subject to the following requirements:
(1)
The
maximum height of a sign under this section, shall be eight (8) feet,
including the base and supporting structure, when measured from ground
level at the center of the base or supporting structure to the highest
point of the sign, base or supporting structure.
(2)
The
maximum height of the sign face of a sign under this section shall
be four (4) feet, excluding the base and supporting structure. The
maximum width of the sign face of a sign under this section shall
be twelve (12) feet, excluding the base and supporting structure.
(3)
The
maximum area of a sign under this subsection shall be 96 square feet
per sign, with a maximum area per sign face of forty-eight (48) square
feet.
(Ordinance O-041012, ex. A (3.09.022),
adopted 4/10/12)
A monument sign shall be permitted on a lot used for multiple-family
dwelling subject to the following requirements:
(1)
The
maximum height of a monument sign under this section, including the
base and supporting structure shall be eight (8) feet, when measured
from ground level at the center of the base or supporting structure
to the highest point of the sign, base or supporting structure. The
maximum width of a monument sign under this section, including the
base and supporting structure shall be eight (8) feet.
(2)
The
maximum height of the sign face of a monument sign shall be six (6)
feet, excluding the base and supporting structure. The maximum width
of the sign face of a monument sign shall be six (6) feet, excluding
the base and supporting structure.
(3)
The
maximum area of a monument sign under this section shall be 72 square
feet per sign, with a maximum area per sign face of 36 square feet.
(Ordinance O-041012, ex. A (3.09.023),
adopted 4/10/12)
A monument sign shall be permitted on a lot in a commercial
land use area to identify a business located on the lot other than
a home occupation, subject to the following requirements:
(1)
The
maximum height of a monument sign under this section, including the
base and supporting structure shall be eight (8) feet, when measured
from ground level at the center of the base or supporting structure
to the highest point of the sign, base or supporting structure. The
maximum width of a monument sign under this section, including the
base and supporting structure shall be eight (8) feet.
(2)
The
maximum height of the sign face of a monument sign shall be six (6)
feet, excluding the base and supporting structure. The maximum width
of the sign face of a monument sign shall be six (6) feet, excluding
the base and supporting structure.
(3)
The
maximum area of a monument sign under this section shall be 72 square
feet per sign, with a maximum area per sign face of 36 square feet.
(Ordinance O-041012, ex. A (3.09.024),
adopted 4/10/12)
A monument sign shall be permitted on a lot in a commercial
land use area to identify more than one business located on the lot
other than a home occupation, subject to the following requirements:
(1)
The
maximum height of a monument sign under this section, including the
base and supporting structure shall be twelve (12) feet, when measured
from ground level at the center of the base or supporting structure
to the highest point of the sign, base or supporting structure. The
maximum width of a monument sign under this section, including the
base and supporting structure shall be ten (10) feet.
(2)
The
maximum height of the sign face of a monument sign shall be ten (10)
feet, excluding the base and supporting structure. The maximum width
of the sign face of a monument sign shall be eight (8) feet, excluding
the base and supporting structure.
(3)
The
maximum area of a monument sign under this section shall be 160 square
feet per sign, with a maximum area per sign face of 80 square feet.
(4)
The
maximum number of sign panels shall be eight per sign face.
(Ordinance O-041012, ex. A (3.09.025),
adopted 4/10/12)
(a)
An
attached sign shall be permitted as long as it complies with the following
requirements:
(1)
The sign face of an attached sign located on a principal building
devoted to a multifamily residential use may not exceed one percent
of the area of the wall or facade upon which it is located.
(2)
The sign face of an attached sign located on a principal building
devoted to a nonresidential use may not exceed fifteen (15) percent
of the area of the wall or facade upon which it is located, or four
hundred (400) square feet, whichever is less.
(3)
The sign face of an attached sign located on an accessory building
serving a nonresidential use may not exceed five (5) percent of the
area of the wall or facade upon which it is located, or one hundred
(100) square feet, whichever is less.
(4)
An attached sign shall not extend beyond the perimeter of any part
of the wall to which it is attached.
(5)
Except as otherwise provided in this section, an attached sign shall
not extend above the wall or facade to which it is attached. A sign
may be attached to a continuous plane fascia provided the sign does
not extend above or below the projection of the fascia.
(6)
If a building is leased to more than one tenant then not more than
one attached sign per lease space shall be attached to a wall or facade
that faces a street.
(b)
An
attached sign may only be illuminated by internal lighting. Exterior
letters with exposed neon lighting shall not be used.
(Ordinance O-041012, ex. A (3.09.026),
adopted 4/10/12)
(a)
An
awning sign shall be permitted as long as it complies with the following
requirements:
(1)
The sign face of an awning sign located on a principal building devoted
to a residential use may not exceed two (2) percent of the area of
the awning upon which it is located.
(2)
The sign face of an awning sign located on a principal building devoted
to a nonresidential use may not exceed thirty (30) percent of the
area of the awning upon which it is located, or four hundred (400)
square feet, whichever is less.
(3)
The sign face of an awning sign located on an accessory building
serving a nonresidential use may not exceed five (5) percent of the
area of the awning upon which it is located, or one hundred (100)
square feet, whichever is less.
(4)
An awning sign shall not extend above, below or beyond the perimeter
of the face of the awning to which it is attached.
(b)
A
building shall not have both an awning sign and an attached sign on
the same side of the building. No more than one sign shall be located
on an awning.
(Ordinance O-041012, ex. A (3.09.027),
adopted 4/10/12)
(a)
A
gasoline canopy sign shall be permitted on a lot used as an establishment
where flammable or combustible liquids or gases used as fuel are stored
and dispensed from fixed equipment into fuel tanks as long as it complies
with the following requirements:
(b)
A
gasoline canopy sign may only be illuminated by internal lighting.
Exterior letters with exposed neon lighting shall not be used.
(Ordinance O-041012, ex. A (3.09.028),
adopted 4/10/12)
A roof sign on a pitched roof may not extend above the roofline
and must be parallel to the building face and may not extend beyond
the building wall. The support structures must be designed so that
there is no visible support structure above the sign.
(Ordinance O-041012, ex. A (3.09.029),
adopted 4/10/12)
(a)
In
unique situations with a special exception granted from the city council
a freestanding pole sign may be permitted in a commercial land use
category to identify one or more businesses subject to the following
requirements:
(1)
The maximum height of a freestanding pole sign under this section,
shall be thirty-five (35) feet, including the pole, when measured
from ground level at the center of the pole to the highest point of
the sign. The maximum height of the sign face of a freestanding pole
sign under this section shall be ten (10) feet, excluding the pole.
The maximum width of the sign face of a freestanding pole sign under
this section shall be ten (10) feet, excluding the pole.
(2)
The maximum area of a freestanding pole sign under this section shall
be two hundred (200) square feet per sign, with a maximum area per
sign face of one hundred (100) square feet.
(3)
The maximum number of sign panels shall be eight per sign face.
(b)
A
freestanding pole sign shall not extend into a public easement or
right-of-way.
(c)
No
more than one freestanding pole sign or monument sign shall be allowed
in the front yard of a lot. If the lot abuts more than one street
then no more than one freestanding pole sign or monument sign shall
be located in each front yard. A freestanding pole sign shall not
be located within one hundred twenty-five (125) feet of another freestanding
pole sign or monument sign on the same lot unless the monument sign
displays a menu or pricing for food services in connection with a
drive through lane or drive-up facility at a fast food restaurant.
(d)
A
freestanding pole sign shall not be located within fifty (50) feet
of another freestanding pole sign or monument sign on another lot.
(e)
Sculpted
aluminum sign panels may be used on a freestanding pole sign. Wood
panels shall not be used on a freestanding pole sign.
(f)
A
freestanding pole sign may be illuminated by internal lighting. Letters
or a logo with exposed neon lighting shall not be used.
(Ordinance O-041012, ex. A (3.09.030),
adopted 4/10/12)
(a)
Notice of violation.
When the building official or designated
code enforcement officer determines that a dilapidated, deteriorated,
illegal, prohibited, or abandoned sign located on private property
within the city limits requires removal by the owner, they must issue
a notice of violation to the owner of the sign or to the owner, occupant,
or person in control of the property on which the sign is located,
except when the sign poses an immediate or imminent threat to public
safety because of the condition of the sign, in which case it may
be removed without notice at the owner’s expense.
(b)
Contents of notice of violation.
The notice of violation
must contain:
(1)
Name of the owner, occupant, manager, or other person in control
of the property.
(2)
Street address sufficient to identify the property on which the alleged
violation occurred.
(3)
Description of alleged violation and reference to the portion of
this section that has been violated.
(4)
Statement of the action required to correct the violation and a deadline
for completing the corrective action.
(5)
Statement that failure to take the corrective action within the time
specified may result in a criminal penalty and possible filing of
a civil action by the city against the owner seeking injunctive relief
and/or civil penalties.
(c)
Service of notice of violation.
The city administrator,
or designee, must serve a written notice of violation on the owner
of the sign or the owner, occupant, or person in control of the property
on which the sign is located for sign violations on private property
within the corporate limits of the city or ETJ. The notice of violation
should be served by hand or by certified mail with a return receipt
requested. Service by certified mail will be effective three days
after the date of mailing.
(Ordinance O-041012, ex. A (3.09.031),
adopted 4/10/12)
(a)
Abandoned signs.
(1)
The city may consider a sign abandoned and require its removal if:
(A)
A structure is without advertising matter or displays obsolete advertising
matter for a period of 365 consecutive days or more;
(B)
In the opinion of the building official or code enforcement officer
the sign has fallen into disrepair, become dilapidated, faded to the
point of being illegible, or become overgrown by trees or other vegetation.
(2)
The payment of property taxes or retention of the sign as a balance
sheet asset will not be considered in determining whether the sign
is considered abandoned.
(3)
An abandoned legal nonconforming sign may not be replaced or rehabilitated
without being brought into conformance with the requirements of this
article.
(4)
A sign that has been determined to be abandoned by a building official
or code enforcement officer but is otherwise in conformance with this
article may be replaced or rehabilitated in adherence to the requirements
of this article.
(b)
Illegal sign.
Any sign erected or constructed after
the effective date of this article in violation of this article must
be removed or brought into compliance with the provisions of this
article.
(1)
Upon a determination that any sign has been constructed or placed
or is maintained in violation of the provisions of this article, the
city code enforcement officer shall give written notice of the violation
to the owner or person entitled to possession of the sign and the
owner(s) of the property where the sign is located by certified and
regular mail, or by personal delivery. The notice must identify (legal
description not required) the property where the sign is located,
identify the provisions of the code violated, and state that the sign
must be removed or brought into compliance with the code within 30
days of the date of the notice. If the illegal sign is a hazardous
sign the notice must state that the sign must be removed within 72
hours of the date of receipt of the notice. If the city is unable
to contact the owner(s) or person entitled to possession of the sign
by mail or personal delivery, the requirements of written notice shall
be fulfilled by publishing notice in the newspaper.
(2)
If the person or owner fails to remove the sign or bring it into
compliance with this article within 30 days after notice has been
given, the code enforcement officer may, in accordance with the provisions
contained herein, cause the sign to be removed at the expense of the
owner or person entitled to possession of the property or sign, and
shall, upon the determination of the expenses, certify them to the
city. The decision of the code enforcement officer to cause a sign
to be removed may be appealed to the board of adjustment acting as
the sign control board.
(3)
If appealed, this decision shall be subject to review by the board
of adjustment, acting as the sign control board, in accordance with
the provisions contained herein. Except as may be otherwise provided
herein, appeal must be made in writing and submitted to the city administrator
no later than ten days after the date of the notice issued by the
code enforcement officer. Notification of the date, time and location
scheduled for the review of the board of adjustment shall be by certified
mail. The board of adjustment may: (A) reverse the code enforcement
officer’s decision if it finds that the sign is in compliance
with this article; (B) uphold the decision of the code enforcement
officer; or (C) issue its own removal or maintenance orders with respect
to the sign. If removal or maintenance orders upheld or issued by
the board of adjustment are not complied with within 15 days after
the board’s decision, or within 30 days after the decision of
the date of the notice issued by the code enforcement officer, if
no appeal is taken, the code enforcement officer may order the sign
removed at the owner’s expense under the provisions of this
article.
(4)
If the code enforcement officer orders the removal of an illegal
sign and the sign is removed at the expense of the city, the code
enforcement officer shall notify the property owner, the person entitled
to possession of the sign or property, and each mortgagee and lienholder
identified through a diligent effort, of the total costs incurred
by the city for the removal of the sign within ten days after removal
is accomplished. If the persons notified fail within 30 days after
the date of notification to pay the entire costs and expenses of the
removal, such costs and expenses shall be assessed on and the city
shall have a lien against the property on which the sign was located.
The lien is extinguished if the person entitled to the sign or property,
the property owner or another person having an interest in the title
to the property reimburses the city for the costs and expenses. The
lien arises and attaches to the property at the time the notice of
the lien is recorded and indexed in the office of the county clerk
in the county in which the property is located. The notice must contain
the name and address of the owner if that information can be determined
with a reasonable effort, a legal description of the real property
on which the sign was located, the amount of expenses incurred by
the city, and the balance due.
(5)
The city satisfies the requirements of this section to make a diligent
effort or a reasonable effort to determine the identity and address
of an owner, a lienholder, or a mortgagee if the city searches the
following records:
(6)
When the city mails a notice in accordance with this section to a
property owner, lienholder, or mortgagee and the United States Postal
Service returns the notice as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
delivered.
(c)
Nonconforming signs.
Removal of all other signs shall
be accomplished by order of the municipal board on sign control in
accordance with V.T.C.A., Local Government Code chapter 216, including
the determination of compensation (if any) in connection therewith
by the municipal board on sign control.
(Ordinance O-041012, ex. A (3.09.032),
adopted 4/10/12)
