(A)
Purpose.
The City Council hereby finds that the regulation of the size,
quantity, illumination, movement, materials, location, height, and
condition of all signs placed on private property within the City
of Garland (1) is essential to the health, safety, and welfare of
citizens of Garland, (2) promotes the free flow of traffic and protects
pedestrians and motorists from injury and property damage caused by,
or which may be fully or partially attributable to cluttered, distracting,
or illegible signage, (3) is critical for the protection of property
values and the aesthetic character of neighborhoods, and (4) is beneficial
to economic development.
(B)
Interpretation.
This article shall be interpreted in a manner consistent with
the First Amendment of the Constitution of the United States and Article
I of the Texas Constitution. If any provision of this article is found
by a court of competent jurisdiction to be invalid, such finding shall
not affect the validity of other provisions of this article and may
be given effect without the invalid provision.
(C)
Governmental
Signs.
As a general matter, this article is not intended to, and does not apply to, signs erected, maintained, or otherwise posted by governmental entities, the State, the federal government, or the City. However, Sections 4.69 and 4.71 of this article shall apply to signs erected, maintained, or otherwise posted by the State or any of its departments or agencies, any school district, county, appraisal district, other municipality, quasi-governmental agency, or the federal government.
(D)
Substitution.
A noncommercial message of any type may be substituted for any
allowed commercial message or allowed noncommercial message; provided,
that the sign structure or mounting device is legal without consideration
of message content. A substitution of a noncommercial message may
be made without any additional approval or permitting. This provision
prevails over any more specific provision to the contrary within this
article. The purpose of this provision is to prevent any inadvertent
favoring of commercial speech over noncommercial speech, or favoring
of any particular noncommercial speech over any other noncommercial
speech. This provision does not create a right to increase the total
number or square feet of signs on a tract of land or property, nor
does it affect the requirement that a sign structure or mounting device
be properly permitted.
(E)
Conflict.
In the event of a conflict between this article and an ordinance
of the City, then the most restrictive provision shall apply.
(Ordinance 6773 adopted 5/19/15; Ordinance 7040 adopted 2/19/19)
The following terms and phrases, as used in this Article 5,
have the following meanings:
(A)
“Sign”
means a name, identification,
description, messages, display or illustration, which is affixed to,
painted or represented directly or indirectly upon a building, or
other surface that directs attention to or is designed or intended
to direct attention to the sign face or to an object, product, place,
activity, person, institution, organization, or business. Signs located
completely within an enclosed building, and not exposed to view from
a street or public right-of-way shall not be considered a sign for
purposes of this article. Each display surface of a sign or sign face
shall be considered to be a sign. A closely associated grouping of
signs, shall constitute a single sign where the distance separating
each component does not exceed 2 feet from edge to edge.
(C)
“Sign face”
means the entire display
surface area of a sign upon, against, or through which copy is placed.
(D)
“Digital billboard”
means a sign,
display, or device with a sign face of a minimum of 350 square feet,
which is capable of producing an animated or moving digital image,
copy, or video by electronic means, and is operated by an entity possessing
an outdoor advertising license issued by the Texas Department of Transportation
and all other governmental agencies having jurisdiction.
(E)
“Electric”
means any sign containing
electric wiring. This does not include signs illuminated by an exterior
floodlight source.
(F)
“Flashing”
means any illumined
sign on which the artificial light is not maintained stationary or
constant in intensity and color at all times when such sign is in
use. For the purpose of this article any moving illuminated sign,
except electronic programmable signs, shall be considered a flashing
sign.
(G)
“Freestanding”
means a permanent
sign erected and maintained on a freestanding frame, mast or pole
not attached to any building.
(H)
“Regulatory sign”
means a sign
that is required to be constructed, placed, or maintained by the federal,
state or local government or by the property owner to the extent necessary
to enforce a property owner’s rights.
(I)
“Integral”
means a sign that is
embedded, extruded or carved into the material of a building facade.
(J)
“Marquee”
means a permanent canopy
or covering structure, other than a roof or awning, bearing a signboard
or copy projecting from and attached to a building.
(K)
“Main entry”
means the front elevation
of the tenant space or building where the primary entrance to the
tenant space is located and where the building fronts the primary
street address or parking lot servicing premises.
(L)
(Reserved)
(M)
(Reserved)
(N)
“Portable sign”
means any device
or sign without a permanent foundation or otherwise permanently attached
to a fixed location, which can be carried, towed, hauled or driven
and is primarily designed to be moved rather than be limited to a
fixed location regardless of modifications that limit its movability.
(O)
“Roof sign”
means a sign affixed
to, applied on, or erected upon or above a roof or eave line of a
building or structure. Signs attached to parapets or mansard roofs
shall be considered attached signs.
(P)
“Temporary sign”
means any sign
that is readily removable, constructed of materials that are temporary
in nature, such as paper, cloth, canvas, plastic sheet, or cardboard,
and is reasonably determined by the Building Official to be displayed
for a limited period of time.
(Q)
“Virtual tenant” or “Virtual tenancy”
means a lease, rental, license, or other similar possession
or use of a space or address, where the tenant, user, or licensee
does not physically occupy the actual space. Examples may include
but are not limited to: a post office box, automated teller machine,
digital network, server or hard-drive, advertising space, or a vending
machine or other similar unmanned kiosk, that is not owned and operated
by the actual tenant for the space on which the vending machine or
kiosk is located.
(Ordinance 6773 adopted 5/19/15; Ordinance 7040 adopted 2/19/19; Ordinance
7196, secs. 1–2, adopted 2/2/21)
