(a) The purpose of this division is to establish regulations and minimum
standards for the permitting, design, location, construction, modification,
use, maintenance, and removal of signs in the town. These sign regulations
are intended to promote economic activity and avoid visual clutter,
which is potentially harmful to traffic and pedestrian safety, property
values, business opportunities, and community appearance. It is the
purpose of these regulations to protect property values within the
town, to enhance the beauty of the town, and to protect the general
public from damage and injury, which may be caused by the unregulated
construction of signs. Pursuant to these purposes, it is the intent
of this division to permit the use of signs, which are:
(1) Compatible with their surroundings;
(2) Appropriate to the activity that displays them;
(3) Expressive of the identity of individual activities and the community
as a whole;
(4) Legible in the circumstances in which they are seen; and
(5) Protective of property values.
(b) Recognizing that businesses need signage to be seen and found by
their customers, it is the purpose of these sign regulations to establish
a hierarchy of modern, well maintained, permanent signs to assist
business advertising. Businesses and others using signs should have
one or more of the permanent signs in this division in use before
requesting any type of temporary signs.
(Ordinance 17-804 adopted 5/8/17)
These regulations govern the permitting, design, location, construction,
height, size, modification, use, maintenance, and removal of signs.
The regulations contained in this article shall be applicable to all
new signs, and shall also be applicable to all existing signs as outlined
in section 14.10.755 “abandoned and obsolete signs.” None
of the provisions of this division shall apply to government owned
traffic signals and markings or any signs required by law whether
owned by a unit of government or by a private party.
(Ordinance 17-804 adopted 5/8/17)
In accordance with the Texas Local Government Code, these regulations
apply to all areas within the corporate limits of the town.
(Ordinance 17-804 adopted 5/8/17)
(a) Sign permit required.
It is unlawful for any person to erect, repair, alter/modify, or relocate within the town any sign, except as may be authorized in section 14.10.730(3) “signs exempt from requiring a permit,” without first obtaining a sign permit from the zoning administrator and making payment of the fees established in appendix
A of this code.
(b) Application and required information.
Applications for
sign permits shall be made upon forms provided by the zoning administrator,
and shall contain (or have attached thereto) the following information:
(1) Name, address and telephone number of the applicant(s).
(3) Location of building, structure or lot to which or upon which the
sign or other advertising structure is to be attached or erected.
(4) Name of person, firm, corporation, or association erecting structure
or attaching sign.
(5) Signature of the sign owner, and if different, written consent of
the owner of the building, structure, or land to which or upon which
the sign structure is to be erected or displayed.
(6) Zoning classification of the property.
(7) Valuation of proposed work.
(8) Such other information as the zoning administrator shall require
to show full compliance with this and all other laws and ordinances
of the town.
(9) The zoning administrator may require plans to be prepared by a state-registered
professional engineer or state-registered professional architect.
(10) Any electrical permits required and issued for said sign (if applicable).
No sign shall be erected in violation of the town’s electrical
code or regulations.
(c) Plans and specifications.
Scaled plans or dimensional
sign detail shall be submitted in duplicate with each application
for a permit and contain the following information prepared by a professional
practicing within their design competency.
(1) Drawing of sign indicating the sign message or copy.
(2) Elevation plan of the building showing the proposed sign on the building,
the length and height of the elevation, and any other existing signs
on the elevation along with the dimensions of such signs.
(3) Site plan indicating street frontage, property lines, sign visibility
triangles, proposed and existing rights-of-way, location of sign on
property, relationship of proposed sign to ingress and egress points,
and relationship of proposed sign to any other signs within a fifty
foot (50') spacing of the proposed sign.
(4) Plans and specifications showing method of construction, method of
attachment to the building or ground, size, type, height, construction
materials, and such other information as the zoning administrator
may require.
(5) The zoning administrator may require the applicant to obtain a state-registered
professional engineer’s seal on plans, if in his reasonable
discretion, plans appear to require a state-registered professional
engineer’s approval of the design due to the size, type of design,
or structural appearance of the sign set forth in the plans.
(d) Signs requiring electrical wiring.
Any electrical connections
to signs shall require a separate electric permit. This work shall
be done by a licensed electrician that is registered by the town.
(e) Sign installer registration.
Any person(s), firm, corporation
or business engaging in the operation of erecting, installing, servicing
or maintaining signs within the town must be registered to conduct
such business in the town. For the purposes of this section, persons
engaging in the business of erecting, installing and maintaining signs,
shall be designated as sign installers.
(1) Application.
Registration shall require a completed
application on a form supplied by the town.
(2) Registration requirement.
No permit for the erection
or alteration of a sign shall be issued to any person unless such
person is registered pursuant to provisions of this section.
(3) Nontransferable registration.
No registration of a sign
installer shall be transferable and no holder of any license issued
under provisions of this section shall allow his/her name or his/her
company’s name to be used by any other party under the penalty
of forfeiting his/her license in addition to any fine imposed pursuant
to the provisions of this section.
(4) Revocation of registration.
Any registration granted
under the provisions of this section may be revoked by the zoning
administrator, or his designee, upon violation on any provision of
this division. Upon revocation of registration, a new registration
of that sign installer shall not be permitted for a period of six
(6) months.
(f) Issuance.
(1) Review.
The application, plans and other data filed
by an applicant for permit shall be reviewed by the zoning administrator.
Such plans may be reviewed by other departments of the town to verify
compliance with any applicable laws under their jurisdiction. If the
zoning administrator finds that the work described in the application
for a permit and the plans, specifications, and other data filed therewith
conform to the requirements of this section and other pertinent laws
and ordinances, and that the required fees have been paid, a permit
shall be issued to the applicant.
(2) Approved plans.
When the zoning administrator issues
the permit where plans are required, the plans and specifications
shall be endorsed in writing or stamped “approved.” Such
approved plans and specifications shall not be changed, modified,
or altered without authorization from the zoning administrator, and
all work shall be done in accordance with the approved plans.
(3) Validity of permit.
The issuance of a permit or approval
of plans, specifications, and computations shall not be construed
to be a permit for, or an approval of, any violation of any of the
provisions of this section or of any other ordinance of the town.
No permit presuming to give authority to violate or cancel these provisions
shall be valid. If the work authorized by a permit issued under this
division has not been commenced within one hundred eighty (180) days
after the date of issuance, the permit shall become null and void.
(4) Suspension or revocation.
The zoning administrator may,
in writing, suspend or revoke a permit under the provisions of this
section whenever the permit is issued in error or on the basis of
incorrect information supplied, or in violation of this section or
any other ordinance of the town or laws of the state or the Federal
Government. Such suspension or revocation shall be effective when
communicated in writing to the person to whom the permit is issued,
the owner of the sign, or the owner of the premises upon which the
sign is located. Any signs installed under a revoked permit shall
be removed by the permit holder, sign owner, or property owner within
ten (10) days of written notice of the revocation.
(5) Certificate of occupancy.
A business shall obtain or
be in the process of obtaining a certificate of occupancy prior to
the issuance of any sign permit. The name of the business shall coincide
with the sign to be displayed.
(g) Inspections.
(1) General.
All signs for which a permit is required shall
be subject to inspection by the building department. It shall be the
duty of the permit applicant to cause the work to be accessible and
exposed for inspection purposes. The town shall not be liable for
expense incurred in the removal or replacement of any material required
to allow inspection. The permit and approved plans are to be available
and accessible at the job site for all inspections.
(2) Inspection requests.
It shall be the duty of the person
doing the work authorized by a permit to notify the building department
that such work is ready for inspection.
(3) Approval required.
No work shall be done on any part
of the structure beyond the point indicated in such successive inspection
without first obtaining the approval of the zoning administrator.
Such approval shall be given only after an inspection shall have been
made of each successive step in the construction.
(4) Fees.
Required fees are set forth and established in appendix
A of this code, subject to amendment at the discretion of the council.
(h) Appeals.
Any person aggrieved by a decision of the zoning
administrator or his/her designee, under this division, or any person
seeking a variance from this division, may file an appeal with the
board of adjustments in accordance with the comprehensive zoning ordinance.
(Ordinance 17-804 adopted 5/8/17)
The zoning administrator or his/her designee is hereby authorized
and directed to enforce all the provisions of this code.
(Ordinance 17-804 adopted 5/8/17)
For type of sign permitted in each district, see table 14.10.730
located at the end of this section.
(1) Permanent signs.
(A) Building signs.
These signs are painted on or attached
against building fronts or parallel to the face of the building and
have only one face (side). No sign may extend more than twenty-four
inches (24") from any building surface to which it is attached. No
sign shall project beyond the corner formed by the front and any other
wall and not above the highest point of the roof or parapet. Signs
atop marquees shall not extend beyond the marquees and shall be parallel
to the wall from which the marquees extend. The square footage on
a canopy sign attached as an awning shall count toward the maximum
allowed for a building sign on the same side of that building.
(i) Maximum area - Building signs shall not cover more than twelve percent
(12%) of the face of the building on which they are placed.
(ii)
Wording on building signs shall be limited to store and trade
name and corporate logos only.
(iii)
Wall signs attached against building fronts or parallel to the
face of the building shall be constructed of metal or other approved
noncombustible material, unless otherwise approved by the zoning administrator.
(iv)
Signs with exposed neon tubing, exposed lamps, or flashing,
blinking, rotating, moving, animated lights, or audible sounds are
not permitted.
(v) Any box type signs shall be mounted vertically flush with the building.
(vi)
Electronic message center.
a.
A building sign may contain an electronic message center if
approved by a specific use permit. The area of an electronic message
center shall be included in calculating the total sign area. On a
multi-tenant property, electronic message centers will only be allowed
on an anchor tenant(s). The property owner or management company shall
be the applicant for the electronic message center. The electronic
message center shall be no more than forty percent (40%) of the total
sign area.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding
or contracting shapes, rotation or any similar visual effect of animation
or movement;
2.
Any changeable copy shall not change more than every eight (8)
seconds;
3.
Characters shall be a minimum of ten inches (10") in height
and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two
hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise
approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the
nighttime brightness of the sign to 0.3 footcandles over ambient lighting
conditions when measured according to town policy.
(B) Canopy signs.
A canopy sign serving as a building sign
and attached to the main building as an awning shall be no greater
in size than fifty percent (50%) of the face of the canopy of which
it is a part or to which it is attached and shall not extend beyond
the face of the canopy either vertically or horizontally. An illuminated
strip may be incorporated into the canopy.
(C) Under-canopy signs.
An under-canopy sign shall be no
greater in size than six square feet (6 ft2). The sign shall be no higher than the ceiling of the canopy, and
no lower than seven feet (7') from grade. These signs are not to be
used for freestanding canopies.
(D) Single-tenant monument signs.
May be located on any
street on which the single lot occupancy fronts. Single-tenant monument
signs may not be used in conjunction with a pole sign. Signs shall
not be wider at the top than at the lowest part of the sign, excluding
supports.
(i)
Maximum area.
The maximum area is sixty square
feet (60 ft2) of sign message area per
face.
(ii)
Maximum height.
Signs shall have a masonry base
and be no more than six feet (6') above grade.
(iii)
Sign location.
Signs may not be located within
the visibility triangle and shall not obstruct the view from driveways
or parking areas. Signs shall be located at least twenty feet (20')
from any property zoned residential.
(iv)
Spacing.
A single-tenant monument sign shall be
a minimum of fifty feet (50') from another single-tenant monument
sign or multi-tenant sign that is on the same lot.
(v)
Manual message center.
A monument sign may contain
a manual message center that utilizes changeable letters. The area
of a manual message center shall be included in calculating the total
sign area and shall not be more than forty percent (40%) of the total
sign area.
(vi)
Electronic message center.
a.
A monument sign may contain an electronic message center. The
area of an electronic message center shall be included in calculating
the total sign area. The electronic message center shall be allowed
to be twenty percent (20%) of the total sign area. The electronic
message center may be increased up to forty percent (40%) of the total
sign area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding
or contracting shapes, rotation or any similar visual effect of animation
or movement;
2.
Any changeable copy shall not change more than every eight (8)
seconds;
3.
Characters shall be a minimum of ten inches (10") in height
and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two
hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise
approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the
nighttime brightness of the sign to 0.3 footcandles over ambient lighting
conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the
base of the sign shall be landscaped in a combination of irrigated
bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Monument signs may be illuminated only
by internal lighting for sculpted nonferrous panels or by a ground
lighting source where the light and fixture are not visible from a
public right-of-way.
(E) Multi-tenant monument signs.
May be located on any street
on which the multiple occupancy fronts. A multi-tenant sign shall
not be allowed in conjunction with a pole sign on the same street
frontage. A single-tenant monument sign may be used in conjunction
with a multi-tenant sign if the single-tenant sign is for a separate
building within a larger project.
(i)
Maximum area.
The total area of signage allowed
shall be twenty square feet (20 ft2) of
sign area per business per side except that anchor tenants may have
forty square feet (40 ft2) per side up
to a maximum of one hundred twenty square feet (120 ft2) per side. The sign width should be in proportion
to the sign height and the size of the development. The sign base
should fit into one standard parking space.
(ii)
Maximum height.
Signs shall have a masonry base
and be no more than twelve feet (12') total above grade.
(iii)
Sign location.
Shall be located no closer to any
street than fifteen feet (15') behind the curbline separating the
street from the business property and at least twenty feet (20') from
any property zoned for residential use.
(iv)
Spacing.
A multi-tenant sign should be a minimum
of fifty feet (50') from another multi-tenant sign. No more than one
(1) such sign on any street shall be allowed for any single building,
whether it contains multiple uses or not.
(v)
Manual message center.
A monument sign may contain
a manual message center that utilizes changeable letters. The area
of a manual message center shall be included in calculating the total
sign area and shall not be more than forty percent (40%) of the total
sign area.
(vi)
Electronic message center.
a.
A multi-tenant monument sign may contain one electronic message
center. The area of the electronic message center shall be included
in calculating the total sign area. The property owner or management
company shall be the applicant for the electronic message center.
The electronic message center shall be allowed to be twenty percent
(20%) of the total sign area. The electronic message center may be
increased up to forty percent (40%) of the total sign area if approved
by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding
or contracting shapes, rotation or any similar visual effect of animation
or movement;
2.
Any changeable copy shall not change more than every eight (8)
seconds;
3.
Characters shall be a minimum of ten inches (10") in height
and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two
hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise
approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the
nighttime brightness of the sign to 0.3 footcandles over ambient lighting
conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the
base of the sign shall be landscaped in a combination of irrigated
bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Monument signs may be illuminated only
by internal lighting for sculpted nonferrous panels or by a ground
lighting source where the light and fixture are not visible from a
public right-of-way.
(F) Single-tenant pole signs.
May be located on any street
on which the single lot occupancy fronts. Single-tenant pole signs
may not be used in conjunction with a monument sign.
(i)
Maximum area.
The total area of signage allowed
shall be one hundred square feet (100 ft2) per side.
(ii)
Maximum height.
Signs shall be no more than thirty-five
feet (35') total above grade.
(iii)
Sign location.
Shall be located no closer to any
street than fifteen feet (15') behind the curbline separating the
street from the business property and at least twenty feet (20') from
any property zoned for residential use.
(iv)
Spacing.
A single-tenant pole sign should be a
minimum of fifty feet (50') from any other pole sign. No more than
one (1) such sign on any street shall be allowed for any single building.
(v)
Manual message center.
A pole sign may contain
a manual message center that utilizes changeable letters. The area
of a manual message center shall be included in calculating the total
sign area and shall not be more than forty percent (40%) of the total
sign area.
(vi)
Electronic message center.
a.
A pole sign may contain an electronic message center. The area
of an electronic message center shall be included in calculating the
total sign area. The electronic message center shall be allowed to
be twenty percent (20%) of the total sign area. The electronic message
center may be increased up to forty percent (40%) of the total sign
area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding
or contracting shapes, rotation or any similar visual effect of animation
or movement;
2.
Any changeable copy shall not change more than every eight (8)
seconds;
3.
Characters shall be a minimum of ten inches (10") in height
and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two
hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise
approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the
nighttime brightness of the sign to 0.3 footcandles over ambient lighting
conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the
base of the sign shall be landscaped in a combination of irrigated
bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Pole signs may be illuminated only by
internal lighting.
(G) Multi-tenant pole signs.
May be located on any street
on which the multiple occupancy fronts. A multi-tenant pole sign shall
not be allowed in conjunction with a multi-tenant monument sign on
the same street frontage. A single-tenant monument sign may be used
in conjunction with a multi-tenant pole sign if the single-tenant
sign is for a separate building within a larger project.
(i)
Maximum area.
The total area of signage allowed
shall be twenty square feet (20 ft2) of
sign area per business per side except that anchor tenants may have
forty square feet (40 ft2) per side up
to a maximum of two hundred square feet (200 ft2) per side.
(ii)
Maximum height.
Signs shall be no more than fifty
feet (50') total above grade.
(iii)
Sign location.
Shall be located no closer to any
street than fifteen feet (15') behind the curbline separating the
street from the business property and at least twenty feet (20') from
any property zoned for residential use.
(iv)
Spacing.
A multi-tenant pole sign should be a
minimum of fifty feet (50') from another multitenant sign. No more
than one (1) such sign on any street shall be allowed for any single
building, whether it contains multiple uses or not.
(v)
Manual message center.
A multi-tenant pole sign
may contain a manual message center that utilizes changeable letters.
The area of a manual message center shall be included in calculating
the total sign area and shall not be more than forty percent (40%)
of the total sign area.
(vi)
Electronic message center.
a.
A multi-tenant pole sign may contain one electronic message
center. The area of the electronic message center shall be included
in calculating the total sign area. The property owner or management
company shall be the applicant for the electronic message center.
The electronic message center shall be allowed to be twenty percent
(20%) of the total sign area. The electronic message center may be
increased up to forty percent (40%) of the total sign area if approved
by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding
or contracting shapes, rotation or any similar visual effect of animation
or movement;
2.
Any changeable copy shall not change more than every eight (8)
seconds;
3.
Characters shall be a minimum of ten inches (10") in height
and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two
hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise
approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the
nighttime brightness of the sign to 0.3 footcandles over ambient lighting
conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the
base of the sign shall be landscaped in a combination of irrigated
bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Pole signs may be illuminated only by
internal lighting.
(H) Menu boards.
Such signs may be freestanding or wall
mounted.
(i)
Sign area.
The maximum aggregate area for a menu
board shall not exceed forty-five square feet (45 ft2).
(ii)
Height.
The maximum sign height shall not exceed
six feet (6') for freestanding signs.
(iii)
Sign location.
The sign should be located so as
not to be readable from the public right-of-way.
(iv)
Audible speaker and microphone.
These are allowed
if integral to the sign.
(I) Residential subdivision.
One (1) monument or two (2)
wall mounted subdivision nameplate signs per subdivision.
(i)
Sign area.
The sign area shall not exceed twenty
square feet (20 ft2).
(ii)
Height.
The sign height shall not exceed five
feet (5').
(iii)
Sign location.
The sign shall not be located in
the sight visibility triangle.
(J) Flags.
Flags shall comply with the following additional
regulations:
(i) Company logo flags require a permit and shall be allowed only in
commercial zoning districts and in the R-4 residential zoning district.
One company logo flag is allowed per lot. No other flags shall be
used for advertising.
(ii)
Flags that the zoning administrator determines are not forms
of advertising shall not require a permit.
(K) Fence sign.
(i) A permit shall be required for a fence sign.
(ii)
No fence sign shall be larger than the lesser of twenty-five
percent (25%) of the fence face or sixty square feet (60 ft2) in area.
(iii)
Fence signs may not project out from the fence either horizontally
or vertically.
(2) Temporary signs.
Before requesting a temporary sign,
businesses and others using signs should have one or more permanent
signs in place. The zoning administrator may approve the use of a
temporary sign without a permanent sign in special circumstances.
Temporary signs shall be regulated as follows:
(A) New development signs.
The purpose of a new development
sign is to provide temporary identification of a new residential subdivision,
or a proposed new commercial development. New development signs shall
comply with the following regulations:
(i)
Permit period.
Permits for such signs shall be
valid for a period of two (2) years, or until the completion of the
project, whichever occurs first and must be removed within twenty-four
(24) hours the expiration of the permit. The permit may be renewed
each year upon payment of a new fee provided that a minimum of ten
percent (10%) of the lots remain vacant in a residential subdivision.
(ii)
One new development sign per street frontage is allowed on the
site of the residential or commercial project.
(iii)
Maximum height.
A new development sign shall not
exceed fifteen feet (15') in height.
(iv)
Maximum area.
A new development sign shall not
exceed one hundred square feet (100 ft2) in area.
(v)
Illumination.
A new development sign shall not
be illuminated.
(B) Vehicle advertising.
It shall be unlawful to attach
any sign to or upon any vehicle, trailer, skid or similar mobile structure
where the primary use is to provide a base for the sign itself. Businesses
are expected to have building signs and ground signs for permanent
identification. This provision does not restrict the identification
signs and advertising on vehicles used for bona fide transportation
and delivery activity.
(i) Signs attached to or upon any vehicle shall be prohibited where any
such vehicle is allowed to remain parked along a right-of-way or in
a required parking space in the same location or in the same vicinity
for extended periods.
(ii)
Vehicle advertising signs shall be permanently attached to the
vehicle by being painted, bolted, screwed or magnetically affixed.
No sign or advertising structure shall be erected or attached to any
vehicle except for those signs which are painted directly or mounted
flush to the surface or mounted directly on the roof of the vehicle.
No roof mounted signs shall project more than twelve inches (12")
above the roof of the vehicle.
(iii)
Banners or signs made of cloth or similarly light materials,
secured with rubber, rope, string, tape or other similar adhesives
shall be prohibited for vehicular advertising.
(iv)
Vehicles that are in disrepair or inoperable, or that are not
properly licensed, or that are currently not registered, shall not
be used, parked or stored in a manner to provide advertising.
(C) Inflatable signs and balloons.
Inflatable signs, including
lighter-than-air balloons connected with a tether, shall be allowed
in conjunction with the grand opening signage provision contained
in these regulations, and once per year beyond those provisions. Inflatable
signs and balloons may be used provided the following regulations
are satisfied:
(i) An inflatable sign permit will be required for all inflatable and
balloon signs. This permit will be valid for thirty (30) days.
(ii)
Not more than one inflatable sign shall be allowed on any premises.
(iii)
Inflatable signs and balloons when placed on a building may
not exceed twenty-five feet (25') in height above the roof of the
building and shall not obstruct visibility necessary for safe traffic
maneuvering.
(iv)
Inflatable signs and balloons when placed on the ground may
not exceed twenty-five feet (25') in height above the ground level
and shall not be placed in the sight visibility triangle or obstruct
visibility necessary for safe traffic maneuvering.
(v) Inflatable signs and balloons shall maintain a setback from any side
or rear property line minimum distance equal to the height of the
inflatable sign or balloon.
(vi)
Inflatable signs and balloons shall not be placed within proximity
of overhead electrical wires.
(vii)
Inflatable signs and balloons shall be kept in good repair and
remain securely attached in such a manner to withstand wind loads.
(D) Real estate signs.
The purpose of a real estate sign
is to advertise the offering for sale or lease of land and/or buildings.
Real estate signs shall be removed within twenty-four (24) hours of
the close of a sale or lease of the property advertised. Real estate
signs shall be classified as either residential, developed nonresidential,
or undeveloped nonresidential.
(i)
Residential real estate signs.
One residential
real estate sign shall be allowed for each street frontage of a residentially
zoned property, and shall be regulated as follows:
a. Residential real estate signs do not require a permit.
b. Residential real estate signs shall be placed on the property offered
for sale or lease.
c. The area of a residential real estate sign shall not exceed six square
feet (6 ft2). No more than three sign riders
are allowed.
d. No portion of a residential real estate sign, including supports,
shall exceed six feet (6') in height.
e. A residential real estate sign shall not be illuminated.
f. In addition to a residential real estate sign, one (1) “open
house,” or one (1) “model home,” or one (1) “house
for sale” sign shall be allowed on the property offered. The
size and area shall not exceed that of a residential real estate sign.
(ii)
Developed nonresidential real estate signs.
All
developed nonresidential real estate signs for commercial properties
shall comply with the following regulations:
a.
Developed nonresidential real estate signs shall require a permit.
b.
Single/multi-tenant-monument and pole.
The single
or multi-tenant sign serving the property to be leased or sold shall
be used to advertise space for sale or lease in place of an additional
ground mounted sign.
c.
Building, wall, and window.
One (1) developed
nonresidential real estate building sign shall be allowed and placed
flat against any wall of the nonresidential commercial property, except
that two (2) signs shall be allowed if the building is on a corner
facing two (2) streets. Such building sign shall not exceed one hundred
square feet (100 ft2) in area. One (1)
window sign per window shall be allowed if used in lieu of building
mounted signs. In no event shall both building signs and window signs
be allowed on the same side of a building.
d.
Ground mounted.
One (1) ground mounted sign shall
be allowed per nonresidential real estate property for each frontage,
except that no more than two (2) ground signs shall be allowed in
any event.
e.
A developed nonresidential real estate ground sign shall not
exceed fifty square feet (50 ft2) per side
in area.
f.
A developed nonresidential real estate ground sign shall not
exceed eight feet (8') in height.
g.
A developed nonresidential real estate building sign shall not
extend above the roofline.
h.
A developed nonresidential real estate sign shall not be externally
illuminated.
i.
Ground mounted developed nonresidential real estate signs shall
not be in a sight visibility triangle.
(iii)
Undeveloped nonresidential real estate signs.
One (1) undeveloped nonresidential real estate sign per street frontage
shall be allowed on an undeveloped commercial property and shall comply
with the following regulations:
a.
Undeveloped nonresidential real estate signs shall require a
permit.
b.
Undeveloped nonresidential real estate signs shall be a minimum
of twenty feet (20') behind any curb or edge of pavement and ten feet
(10') behind the property line.
c.
Undeveloped nonresidential real estate signs shall not exceed
ten feet (10') in height.
d.
Undeveloped nonresidential real estate signs shall not exceed
fifty square feet (50 ft2) in area.
(E) Garage sale signs.
(i) A permit shall not be required for any garage sale sign.
(ii)
No more than three (3) garage sale signs shall be used per sale.
(iii)
Garage sale signs shall be self supported.
(iv)
Garage sale signs shall not exceed six square feet (6 ft2) in area.
(v) Garage sale signs shall not exceed three feet (3') in height.
(vi)
Garage sale signs shall not be posted more than twenty-four
(24) hours prior to the beginning of the sale and shall be removed
within twenty-four (24) hours following the end of the sale.
(vii)
Garage sale signs shall not be illuminated.
(F) Political signs.
The purpose of a political sign is
to advertise a political candidate for public office, a political
party, or an issue being considered for public referendum. Political
signs shall comply with the following regulations:
(i) A permit fee shall not be required for political signs.
(ii)
A political sign shall be allowed in any zoning district.
(iii)
Political signs shall not be located on any utility, light,
traffic signal or sign pole.
(iv)
Political signs shall be allowed for a period of thirty (30)
days prior to any election. All political signs shall be removed no
later than ten (10) days after the election or after the termination
of candidacy, whichever occurs first.
(v) Political signs shall not exceed thirty-six square feet (36 ft2) per side in area, and the height shall not exceed
eight feet (8') above grade.
(vi)
No sign shall be erected without the permission of the property
owner or person who has the right of control on such property unless
such property is a polling place or early voting polling place within
the meaning of Texas Election Code, sections 61.003 or 85.036, and
the sign is placed in a location conforming to the 100 foot distance
requirements set forth in such statutes and conforms to the requirements
of subsections (iii), (v), (vii) and (ix) of this section.
(vii)
Political signs shall not be located so as to cause a safety
or traffic hazard.
(viii)
Political signs shall not be placed on public property or within
public right-of-way unless such property is a polling place or early
voting polling place within the meaning of Texas Election Code sections
61.003 or 85.036, and the sign is placed in a location conforming
to the 100 foot distance requirements set forth in such statutes and
conforms to the requirements of subsections (iii), (v), (vii) and
(ix) of this section.
(ix)
A political sign shall not be illuminated.
(x) Political signs and campaign literature shall not be placed on town-owned
property including, but not limited to town hall, Bicentennial Park,
the fire station, the police department, and any town owned utility
property unless such property is a polling place or early voting polling
place within the meaning of Texas Election Code sections 61.003 or
85.036, and the sign is placed in a location conforming to the 100
foot distance requirements set forth in such statutes and conforms
to the requirements of subsections (iii), (v), (vii) and (ix) of this
section.
(G) Community event signs.
The purpose of a community event
sign is to provide temporary unlighted announcements for special events,
bazaars, rallies, and similar activities of charity, religious, civic
and philanthropic associations.
(i) A permit shall be required for a community event sign. No permit
fee is required.
(ii)
Charity and civic event signs may be placed in any zoning district
and any yard, but must not be placed in the right-of-way.
(iii)
The sign area must not exceed eight square feet (8 ft2) in area.
(iv)
The sign height shall not exceed ten feet (10').
(v) Such sign shall be allowed for a period of fourteen (14) days prior
to the first day of the event and shall be removed within twenty-four
(24) hours following the last day of the event.
(vi)
No sign shall be allowed to remain for a period in excess of
thirty (30) days.
(vii)
A minimum period of thirty (30) days shall elapse between the
placement of such signs on the same property.
(H) Construction trade signs.
The purpose of a construction
trade sign is to provide temporary advertising for the various construction
companies working at a construction site, which includes providing
home improvement and/or repair at a residential property. A contractor
must be registered with the town before displaying a construction
trade sign. Construction trade signs shall be regulated as either
residential construction trade signs or nonresidential construction
trade signs.
(i) All construction trade signs shall comply with the following:
a. Construction trade signs shall be placed on the property where building
activity is taking place.
b. One sign is allowed per contractor.
c. A valid building permit and contractor registration must be issued
by the town before installation of a construction trade sign.
d. Construction trade signs shall not be illuminated.
(ii)
Residential construction trade signs shall comply with the following:
a.
Residential construction trade signs shall only be allowed in
residential zoning districts.
b.
Residential construction trade signs shall not exceed six square
feet (6 ft2) in area.
c.
Residential construction trade signs shall not exceed three
feet (3') in overall height.
d.
Residential construction trade signs shall be removed within
twenty-four (24) hours of final building approval.
(iii)
Nonresidential construction trade signs shall comply with the
following:
a.
Nonresidential construction trade signs shall only be allowed
in nonresidential zoning districts.
b.
Nonresidential construction trade signs shall not exceed fifty
square feet (50 ft2) in area.
c.
Nonresidential construction trade signs shall not exceed ten
feet (10') in height.
d.
Nonresidential construction trade signs shall be removed within
twenty-four (24) hours of the issuance of a certificate of occupancy.
(I) Grand opening signage.
The purpose of grand opening
signage is intended to allow a new business or a business which has
substantially remodeled as herein prescribed, to benefit from special
advertising signage. Grand opening signage is allowed in all nonresidential
zoning districts. The following regulations contained within this
subsection apply to grand opening signage.
(i) Upon the issuance of a certificate of occupancy, and within a one
year period thereafter, a business shall be entitled to utilize the
grand opening signage provisions contained in this subsection when
one of the following conditions applies:
a. When a certificate of occupancy has been issued to a new business,
new owner of an existing business, or to an existing business that
has moved to a new address; or
b. When a certificate of occupancy has been issued to an existing business,
which has been expanded or remodeled at a cost of the renovation or
addition that exceeds fifty percent (50%) of the current value of
the building, or lease-space, excluding the value of the land, according
to the most recently approved tax roll.
(ii)
Approval of a grand opening signage permit by the zoning administrator
is required and shall be valid for a period of thirty (30) consecutive
calendar days. The grand opening signage permit is limited to the
address noted on the certificate of occupancy and shall comply with
the following requirements:
a.
No permit fee shall be required for a grand opening signage
permit.
b.
Grand opening signage may include any combination of banners,
pennants, inflatable signs and balloons, searchlights, and a portable
sign, which may be in addition to any other legal sign allowed by
the provisions of this division.
c.
Grand opening signage shall be contained within the limits of
the property of the legal business on which a certificate of occupancy
has been issued and shall not extend into the town right-of-way. Signage
shall not be located in any sight visibility triangle.
(J) Pennants.
Pennants shall be allowed only in conjunction
with the grand opening signage provisions contained in these regulations.
Pennants may be used provided the following regulations are satisfied:
(i) All pennants shall maintain at least fifteen feet (15') of clearance
over any vehicle maneuvering area or fire lane.
(ii)
Pennants shall maintain five feet (5') of clearance from any
overhead electrical wire.
(iii)
All pennants shall be kept in good repair and remain securely
attached in such a manner to withstand wind loads.
(iv)
Pennants shall not be attached to any utility or traffic-control
device pole located within a right-of-way, or project into a street
right-of-way.
(K) Window signs.
(i) No permit shall be required for any window signs.
(ii)
Window signs shall be either painted on the glass or placed
inside the glass. A sign installed on the outside of the window shall
be considered a building sign.
(iii)
Window signs may be placed so as not to obscure more than twenty-five
percent (25%) of the visible window area available.
(iv)
Where multiple signs exist, fronting on a single elevation,
seventy-five percent (75%) visibility shall be maintained for the
total window area on said elevation.
(L) Commercial banner signs.
The purpose of a banner sign
is to supplement permanent advertising with temporary advertising
messages which advertise the opening of a new business or special
event. Banner signs shall comply with the following regulations:
(i) A permit shall be required for all commercial banner signs.
(ii)
One (1) commercial banner sign per street frontage shall be
allowed for each single occupancy structure or for each store front
of a multi-occupancy structure.
(iii)
A banner sign shall not exceed the lesser of twelve percent
(12%) of the building face or fifty square feet (50 ft2) in area.
(iv)
Commercial banner signs shall be attached to a building or fence
and shall not project above the apparent roof or eaves line.
(v) Commercial banner signs shall be kept in good repair and remain securely
attached in such a manner to withstand wind loads in accordance with
the International Building Code adopted by the town.
(vi)
A maximum of four (4) commercial banner sign permits are allowed
per business in a calendar year.
(vii)
A commercial banner sign permit shall be valid for thirty (30)
days. Thirty (30) days must pass before an additional commercial banner
sign may be permitted in the same location.
(viii)
A commercial banner sign must be removed from public view within
twenty-four (24) hours of expiration of the permit.
(ix)
A sticker, supplied by the town, shall be affixed to any permitted
banner.
(M) Feather banners/flags.
Shall comply with the following
regulations:
(i) A permit shall be required for each display period.
(ii)
Not more than two (2) feather banners/flags may be displayed
per street frontage of any property.
(iii)
Feather banners/flags shall not exceed eleven feet (11') in
height.
(iv)
Feather banners/flags shall be set back not less than ten feet
(10') from all property lines, provided, however, that any such sign
shall not be located in a visibility triangle.
(v) A maximum of four (4) feather banner/flag permits are allowed per
business in a calendar year.
(vi)
A feather banner/flag permit shall be valid for fourteen (14)
days. Thirty (30) days must pass before any additional feather banners/flags
may be permitted in the same location.
(vii)
All feather banners/flags shall be constructed of a durable
all weather surface with hemmed edges and metal grommets where applicable,
and be kept in good repair.
(viii)
Feather banners/flags shall not have any source of illumination.
(3) Signs exempt from requiring a permit.
The following
signs shall be exempt from permitting, but shall comply with the regulations
contained in this division:
(A) A public notice or warning sign required by a federal, state, or
local law, regulation, or ordinance, including historical signs and
markers placed by a town, city, county, state or national historical
preservation organization and official vehicle inspection station
signs.
(B) Any incidental sign located inside a building which is not displayed
so as to be visible from outside the building. Signs located within
a covered shopping center building shall comply with the International
Building Code, as adopted by the town. These generally include credit
card decals, hours of operation signs, emergency contact information,
and similar signs.
(C) Works of art, including barber poles attached to a building that
do not include a commercial message.
(D) Telephone and other underground utility warning signs, and other
safety signs not exceeding one square foot in area.
(E) Security warning, neighborhood watch or crime watch signs under two
square feet in area.
(F) On-premises residential real estate signs, political signs, garage
sale signs.
(G) Temporary holiday and special event decorations located in residential
areas.
(H) Holiday decorations in commercial areas shall not require a permit
provided:
(i) That the decorations do not have any advertising copy;
(ii)
That the decorations be displayed for a maximum of thirty (30)
days;
(iii)
That any window decorations meet the window sign requirements;
and
(iv)
That any inflatable decorations over ten feet (10') tall or
mounted off of the ground shall require a permit.
(Ordinance 17-804 adopted 5/8/17)
Signs not specifically allowed by this division are prohibited,
including:
(1) Roof signs.
See definition.
(2) Billboard advertising signs.
See definition.
(3) Rotating and flashing signs.
Revolving, rotating, flashing,
or blinking beams or beacons of light shall be prohibited as a part
of a sign display, including signs in windows, or as a device to attract
attention, except as required by a governmental agency.
(4) Private signs on public property.
Private signs shall
be prohibited upon public property unless authorized by the town,
other appropriate governmental authorities, or as provided by these
regulations.
(5) Signs attached to utility poles.
Signs attached to light
poles, utility poles, traffic-control poles, fences and trees shall
be prohibited, unless authorized by the town.
(6) Display of offensive signs.
Any sign deemed by the town
to be in violation of this subsection shall be declared a public nuisance.
(7) Off-premises advertising shall be prohibited; unless provisions for
such signs are contained in these regulations or in state law, or
are approved by PD site plan for property that does not abut the nearest
public street and signage can be provided as part of multi-tenant
monument sign.
(8) Other signs.
Any other sign not specifically allowed
by this division is prohibited.
(Ordinance 17-804 adopted 5/8/17)
The following general provisions shall be applicable to all
signs erected within the corporate limits of the town. Where a conflict
may exist between a general provision and a specific regulation, the
specific regulation shall have priority over the general provision.
(1) Signs in right-of-way.
No sign, whether requiring a
permit or not, shall be located within or project over any public
right-of-way except as otherwise approved in a planned development
site plan that has build to lines at the public right-of-way. This
provision shall not be applicable to traffic-control signs, or entrance
and exit signs less than thirty inches (30") above grade placed with
permission of the town.
(2) Interference with safety provisions.
No sign shall be
erected in such a manner that any portion of its surface or support
structure will interfere in any way with the free use of any fire
escape, exit, standpipe, or window, or obstruct any required ventilator
or door stairway.
(3) Encroachment.
A sign shall not be constructed within
or project over any property line, vehicular right-of-way line, public
drainage easement, public or private utility easement, without an
encroachment in a mixed use zoning district or a planned development
site plan that has build to lines at the public right-of-way.
(4) Lighting.
Where provided for in these regulations, certain
signs may be illuminated. Illumination may be internal, or indirect,
as defined elsewhere in these regulations. All electrical facilities
shall require separate electrical permits and shall be installed in
accordance with the current National Electrical Code as adopted by
the town. Lighting shall be installed so as to avoid any glare or
reflection onto adjacent property, or create a traffic hazard on a
street. Illuminated signs situated within one hundred feet (100')
of residentially zoned property shall be shielded to minimize glare
and direct visibility of the source of light from the residential
area and nearby traffic.
(5) Visibility triangles.
No sign, fence, screening wall, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle, as defined in article
14.02. The placement of utility poles or traffic-control devices shall be regulated by the public works director.
(6) Content.
Commercial signs shall identify the name of
the building or tenant, the business conducted on the premises, and
may contain the site’s physical address.
(7) Traffic-control conflicts.
No sign or lighting permitted
under these regulations shall be erected, placed or allowed to remain
where such sign creates confusion, impairs hearing or vision, or otherwise
distracts automotive drivers using any public street. Specifically
prohibited are:
(A) High intensity bare bulb lighting or any lighting which creates a
glare on any sign or signals unreadable at the normal viewing range
by a driver on the public street.
(B) Signs duplicating colors, characteristics, or symbols of traffic
signs or signals, or signs which cause confusion in reading such traffic
signs or signals at normal viewing range.
(C) Signs or equipment, which produces noises, bells, or whistles which
may be confused with the warning devices of emergency vehicles traveling
in the public streets.
(8) Residential area nuisance.
No sign or lighting permitted
under these regulations shall be authorized where such sign or lighting,
by reason of placement, lack of shielding, noise generation, or character
of operation, causes material distress, discomfort or injury to persons
of normal sensibilities residing on adjacent property or would interfere
with the reasonable use, enjoyment, or right of privacy on his property.
(Ordinance 17-804 adopted 5/8/17)
(a) Signs and sign structures, including those existing prior to the
effective date of this division, shall be maintained at all times
in a state of good repair, safe and secure condition, with all letters,
braces, bolts, slips, supporting frame and fastenings free from deterioration,
termite infestation, rot, rust or loosening, and be able to withstand
at all times the dead load and wind pressure for which they were originally
designed.
(b) Sign supports, structures and faces of all exterior surfaces that
are covered with paint shall be regularly painted to prevent rusting,
peeling or blistering surfaces.
(c) Any sign or sign support which varies, leans or lists fifteen degrees
(15°) or more from horizontal or vertical original design (unless
approved as part of the original design) shall be considered as requiring
maintenance, and shall be repaired or removed by the owner.
(d) At no time shall a sign’s internal structure or lighting be
exposed unless it is actively under repair.
(e) Signs that are not maintained and allowed to become dilapidated and
deteriorated will be declared illegal by the zoning administrator
or designee. The sign will then be subject to the enforcement procedures
in section 14.10.775.
(f) All internally or externally lit signs shall be fully functional
or the lighting shall be turned off until such time as the sign is
fully functional.
(Ordinance 17-804 adopted 5/8/17)
(a) Construction standards and materials.
(1) The construction of all signs shall comply with the structural requirements
of the current International Building Code, as adopted by the town.
Any electrical installations shall comply with the current National
Electrical Code as adopted by the town.
(2) All sign structures shall be painted or anodized to blend with the
architecture. Any metal surfaces that are subject to rust or corrosion
shall be protected by paint or some other approved treatment.
(b) Sign area measurement.
(1) For all signs, allowable sign area based on building or property
frontages shall apply only to each respective street frontage. The
sign area allowed for all street frontages shall not be combined for
use along one (1) street frontage.
(2) The maximum size area in square feet as prescribed in section 14.10.730
shall apply to only one sign face. If the sign has more than one face,
the maximum area of all faces shall be twice the area prescribed in
section 14.10.730 of this division.
(c) Symbols.
Symbols which are designed as an integral part
of the building structure shall not be regulated by the sign ordinance.
(Ordinance 17-804 adopted 5/8/17)
(a) Abandoned signs.
(1) The use of any permanent sign which is located on property which
is vacant at the time of, or becomes vacant subsequent to, the passage
of this division shall be deemed to have been abandoned.
(2) All abandoned sign lettering should be removed immediately, but shall
be removed no later than ten (10) days after notification from the
zoning administrator. In the case of a painted sign, it shall be painted
over. In the case of an internally lit sign, a blank panel shall be
installed. In the case of applied letters or other material, they
shall be removed.
(3) If advertising copy is not removed within the stated period, the
zoning administrator will declare the sign illegal.
(b) Obsolete signs.
Any temporary sign observed to display
a message pertaining to a time, event, or purpose that no longer applies
shall be deemed obsolete. Obsolete signs will be declared illegal
by the zoning administrator, and be subject to the enforcement procedures
in section 14.10.775 “illegal signs – enforcement.”
(Ordinance 17-804 adopted 5/8/17)
In order that the town may develop in accordance with the intent and purpose of this division and in order that substantial justice may be done, signs may be erected which exceed the height and area limitations contained in section 14.10.730 “classifications,” after approval of the same as a specific use in compliance with the terms and provisions of article
14.08, division 2, “specific use regulations,” having due regard for the topography of the premises and the elevation of adjacent roadways.
(Ordinance 17-804 adopted 5/8/17)
All legal nonconforming signs, legally existing in use on the
effective date of this division, will be subject to the requirements
of Texas Local Government Code chapter 216. These signs will be required
to be removed in any of the following cases:
(1) The sign is rendered abandoned according to section 14.10.755 “abandoned
and obsolete signs” and has remained so for six (6) months.
(2) The sign is rendered abandoned according to section 14.10.755 “abandoned
and obsolete signs” on a lease space and has remained so for
six (6) months.
(3) That no sign shall be re-established as nonconforming after damage
or destruction if the estimated expense of reconstruction exceeds
sixty percent (60%) of the replacement cost for the entire sign.
(4) The town may require the relocation, removal or reconstruction of
any legal nonconforming sign provided the town creates a municipal
board on sign control to determine the amount of compensation that
must be provided to the sign owner for such changes.
(Ordinance 17-804 adopted 5/8/17)
The zoning administrator shall require that any sign or sign
supports that are deemed unsafe, dangerous, or that pose an immediate
threat to the safety of the general public be made safe by repair
or removal. The zoning administrator shall make reasonable effort
to notify and allow the owner, tenant and/or agent of the sign or
sign structure to abate the unsafe, dangerous or threatening condition.
The sign shall be made safe within twenty-four (24) hours of notification.
Whenever the property owner, agent, or tenant fails to abate the unsafe
or dangerous condition within the that time, or cannot be found for
notification, the Zoning Administrator is hereby authorized to declare
the sign illegal, remove or repair the sign, and require reimbursement
to the town per the procedures in section 14.10.775(b)(2) and (3).
(Ordinance 17-804 adopted 5/8/17)
(a) Illegal signs and impoundment - temporary signs.
Failure
to remove a temporary sign upon expiration of authorized period shall
constitute a violation. Placement of a sign without a required permit
shall constitute a violation. The owner, person in control of premises,
or sign contractor where a temporary sign is located or placed shall
be chargeable with any violation defined in this division.
(1) Any temporary sign deemed illegal shall be placed in an inventory
of illegal signs.
(2) An illegal sign may be returned to the owner upon payment of a return fee, as listed in appendix
A “fee schedule.”
(3) If owner has not claimed an illegal temporary sign within fourteen
(14) days of it being entered into the inventory, the sign will be
the property of the town.
(4) Continued disregard for the requirements for use of temporary signs
may require the town to issue a citation to the offending party.
(b) Illegal signs and impoundment - permanent signs.
The
relocation, reconstruction or removal of permanent signs shall be
handled by the following procedures.
(1) Correction or removal of a permanent illegal sign by town.
If the owner of any lot or premises upon which a permanent illegal
sign as described in this article fails to legally correct, remedy
or remove such sign within thirty (30) days after initial notice to
do so is given, the town may do such work as necessary to correct,
remedy or remove such condition, or cause the same to be done, and
pay therefore and charge the expenses and appropriate administrative
costs incurred thereby to the owner of such lot. The doing of the
work by the town shall not relieve such person from prosecution for
failure to comply with such notice in violation of this section.
(2) Statement of expenses.
The town shall deliver a detailed
invoice of such expenses and administrative fees to the owner and
require payment within thirty (30) days. Such expenses may be assessed
against the lot or real estate upon which the work was done or the
improvements made. Whenever any work is done or improvements are made
by the town under the provisions of this section, and payment is not
received within thirty (30) days, the town manager or his designee
on behalf of the town may file a statement of the expenses incurred
thereby with the county clerk. Such statement shall give the amount
of such expenses and the date or dates on which the work was done
or the improvements were made.
(3) After the statement of expenses is filed, the town shall have a privileged
lien on the lot or real estate, upon which the work was done or improvements
made, to secure the expenses thereof. Such lien shall be second only
to tax liens and liens for street improvements, and the amount thereof
shall bear interest at the rate of eight percent (8%) per annum from
the date of payment by the town of such expenses. For any such expenditures
and interest, suit may be instituted and recovered and foreclosure
of the lien may be had in the name of the town, and the statement
of expenses made, or a certified copy thereof, shall be prima facie
proof of the amount expended for such work or improvements. The mayor
must execute releases of liens upon payment thereof.
(Ordinance 17-804 adopted 5/8/17)