This article shall hereafter be known and cited as the “sign
regulations.”
(Ordinance 1998-14 adopted 10/7/14)
Signs use private land and the sight lines created by the public
rights-of-way to inform and persuade the general public by publishing
a message. This article provides standards for the erection and maintenance
of private signs. All private signs not exempted as provided below
shall be erected and maintained in accordance with these standards.
The general objectives of these standards are to promote health, safety,
welfare, convenience, and enjoyment of the public, and, in part to
achieve the following:
(1)
Safety.
To promote the safety to persons and property by providing that
signs:
(A)
Do not create a hazard due to collapse, fire, collision, decay, or
abandonment:
(B)
Do not obstruct fire fighting or police surveillance; and
(C)
Do not create traffic hazards by confusing or distracting motorists,
or by impairing the driver's ability to see pedestrians, obstacles,
or other vehicles, or to read traffic signs.
(2)
Communications
Efficiency.
To promote the efficient transfer of information
in sign messages by providing that:
(A)
Those signs which provide messages and information most needed and
sought by the public are given priorities;
(B)
Businesses and services may identify themselves;
(C)
Customers and other persons may locate a business or service;
(D)
No person or group is arbitrarily denied the use of the sight lines
from the public right-of-way for communication purposes; and
(E)
Person exposed to signs are not overwhelmed by the number of messages
presented, and are able to exercise freedom of choice to observe or
ignore said messages, according to the observer's purpose.
(3)
Landscape
Quality and Preservation.
To protect the public welfare
and to enhance the appearance and economic value of the landscape,
by providing that signs:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to person using the public rights-of-way;
(C)
Do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, height, or movement;
(D)
Are not detrimental to land or property values; and areas or districts
within the city, helping the observer to understand the city and orient
himself within it.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1002)
As used in this article, unless the context otherwise indicates:
shall mean the officer or other person within the City of
DeSoto charged with the administration and enforcement of the sign
regulations.
shall mean to build, construct, attach, hang place, suspend,
or affix, and shall also include the painting of signs on the exterior
surface of a building or structure.
shall mean the surface of the sign, upon, against, or through
which the message is displayed or illustrated on the sign.
shall mean the entire area within a single continuous perimeter
enclosing the extreme limits of each sign. In the event two (2) or
more signs share a single structure, each sign or panel may be considered
separately for square footage purposes, provided that each sign or
panel has no relationship to the others, except that the combined
footage of such signs cannot exceed the total square footage allowed
for the sign.
shall mean all zoned and unzoned commercial and industrial
areas within six hundred sixty feet (660') of the nearest edge of
the right-of-way of all portions of the interstate or primary highway
systems within the State of Texas as further defined in the Highway
Beautification Act.
shall mean any sign which has characters, letters, figures,
designs, or outline illuminated by electric lights, luminous tubes,
or other means.
shall mean any material which will not ignite at or below
a temperature of 1200° Fahrenheit and will not continue to burn
or glow at that temperature.
shall mean a sign designed to direct traffic on premises
which does not contain advertising.
shall mean the person, persons, firm, corporation, or association
filing an application for, paying fees, and receiving a sign erection
permit.
shall mean and include any person, firm, corporation, partnership,
association, company, or organization of any kind.
shall mean a sign relating to the election of a person to
public office, relating to a political party, or relating to a matter
to be voted upon at an election called by a public body.
shall mean a freestanding sign, including A-frame signs and
sandwich boards, designed and constructed to be easily moved from
one location to another frequently, but not necessarily displaying
changeable copy. Cigarette signs and gas pricing signs at service
stations shall be defined as portable signs.
shall mean and include every sign, name, number, identification,
description, announcement, declaration, demonstration, device, display,
flag, banner, pennant, illustration, beacon, light, or insignia and
structure supporting any of the same, affixed directly or indirectly
to or upon any building or outdoor structure, or erected or maintained
upon a piece of land, which directs attention to an object, product,
service, place, activity, person, institution, organization, or business.
shall mean a sign temporarily supplementing the permanent
signs on a premise.
shall mean the molding, battens, cappings, nailing strips,
latticing and platforms which are attached to the sign structure.
shall mean a sign suspended from a building and which is
located under a permanent canopy projecting from a building.
|
Residential Districts:
| |
|---|---|
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A
|
Agricultural District
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|
SF-E
|
Single-Family Dwelling District - Estate
|
|
SF-l
|
Single-Family Dwelling District - 1
|
|
SF-2
|
Single-Family Dwelling District - 2
|
|
SF-3
|
Single-Family Dwelling District - 3
|
|
2F
|
Two-Family Dwelling District
|
|
Multi-Family Districts:
| |
|---|---|
|
SF-A
|
Single-Family Attached Dwelling District
|
|
MF-l
|
Multiple-Family Dwelling District - 1
|
|
MF-2
|
Multiple-Family Dwelling District - 2
|
|
MH
|
Mobile Home District
|
|
CON
|
Condominium
|
|
Business Districts:
| |
|---|---|
|
P
|
Parking District
|
|
O
|
Office District
|
|
NS
|
Neighborhood Service District
|
|
GR
|
General Retail District
|
|
C
|
Commercial District
|
|
CC
|
Central Commercial District
|
|
I
|
Industrial District
|
|
IP
|
Industrial Park District
|
|
PD
|
Planned Development District
|
|
FP Prefix
|
Flood Plain Prefix
|
|
Mixed Use Districts:
| |
|---|---|
|
MU-1
|
Mixed Use-1 District
|
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MU-2
|
Mixed Use-2 District
|
|
MU-R
|
Mixed Use-R District
|
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1003)
It shall be unlawful for any person to erect, repair, alter, or relocate within the city any sign as defined in this article without first obtaining a sign permit from the building official and making payment of the fee required by Section 3.1008 hereof. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required hereunder. All signs located within the “Highway Control Zone” shall be subject to the provisions of the Texas Highway Beautification Act-Outdoor Advertising Signs and a Highway Department License shall be required.
(Ordinance 1874-10 adopted 12/7/10)
Application for permits shall be made upon sign permit applications
provided by the building official, and shall contain or have attached
thereto the following information:
(1)
Name,
address, and telephone number of the applicant.
(2)
Location
of building, structure, or lot to which or upon which the sign or
other advertising structure is to be attached or erected.
(3)
Two
(2) sets of plans shall be submitted showing the sign location in
relation to nearby buildings or structures, signs, property lines,
driveways, public streets, fences, and sidewalks.
(4)
Two
(2) blueprints or ink drawings of the plans and specifications showing
method of construction, and attachment to the building or ground,
size, type, height, construction materials, and such other information
as the building official may require.
(5)
Copy
of stress sheets and calculations showing the structure is designed
for dead load and wind pressure in any direction in the amount required
by this and all other laws and ordinances of the city. Plans shall
include a registered engineer's seal for roof mounted signs or freestanding
signs of fifty (50) square feet or larger and ten (10) feet or more
in height.
(6)
Name
of person, firm, corporation, or association erecting structure.
(7)
Written
consent of the owner of the building, structure, or land to which
or on which the structure is to be erected.
(8)
Any
electrical permit required and issued for said sign.
(10)
Zoning
classification carried by the property.
(11)
Such
other information as the building official shall require to show full
compliance with this and all other laws and ordinances of the city.
(12)
The
building official may require plans to be prepared by a registered
professional engineer or architect.
(13)
Highway
Department License for all signs located within the "Highway Control
Zone." (Texas Highway Beautification Act-Outdoor Advertising Signs)
(14)
Signs
located in zoning districts mixed use-1 (MU-1), mixed use-2 (MU-2)
and mixed use-R (MU-R), as defined and regulated in the adopted city’s
zoning ordinance, Sections 33A, 33B and 33C respectively, shall provide
the location, type, size and look of signs in accordance with this
article as part of the Section 33D, Detailed Site Plan of the city’s
zoning ordinance.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1005; Ordinance 1874-10 adopted 12/7/10)
(a)
The
application for a permit for erection of a sign in which electrical
wiring and connections are to be used shall be submitted to the electrical
inspector. The electrical inspector shall examine the plans and specifications
respecting all wiring and connections to determine if the same complies
with the electrical code of the City of DeSoto. In addition, all illuminated
signs shall bear the Underwriters' Laboratory label or be built to
comply with Underwriters' requirements. The electrical inspector shall
approve said permit if the same plans and specifications comply with
these requirements or disapprove the application if noncompliance
is found. This said action of the electrical inspector shall be taken
prior to submission of the application to the building official for
final approval or disapproval of the erection permit.
(b)
All
electrical service to freestanding signs shall be underground.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1006)
It shall be the duty of the building official, upon the filing
of an application for an erection permit to examine such plans and
specifications and other data and the premises upon which it is proposed
to erect the sign; and if it shall appear that the proposed structure
is in compliance with all the requirements of this article, the building
code, and all other laws and ordinances of the City of DeSoto, he
shall then issue the erection permit. If the work authorized under
an erection permit has not been completed within sixty (60) days after
issuance, the said permit shall become null and void.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1007)
Every applicant, before being granted a permit hereunder, shall
pay to the City of DeSoto the appropriate permit fee as set forth
in the fee schedule found in the appendix of this code.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1008)
The building official shall be notified by the permittee when
erection of the sign is complete, and he shall make an inspection
to determine if the sign conforms to city ordinances and codes. The
building official shall inspect annually, or at such other times as
he deems necessary, each sign regulated by this article for the purpose
of ascertaining whether the same is secure or insecure, whether it
still serves a useful purpose and whether it is in need of removal
or repair.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1009)
All rights and privileges acquired under the provisions of this
article and any ordinance or any amendment thereto are mere licenses
revocable at any time by the DeSoto city council, and all such permits
shall contain this provision.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1010)
If the building official shall find any sign regulated herein
that no longer meets the provisions of this article or any other city
codes, is unsafe or insecure, or is a menace to the public, he shall
give written notice to the permittee thereof. If the permittee fails
to remove or repair the structure within ten (10) days after such
notice, such sign may be removed by the building official at the expense
of the permittee or owner of the property upon which it is located.
The building official shall refuse to issue a permit to any permittee
or owner who refuses to pay costs so assessed. The building official
may cause any sign which is an immediate peril to persons or property
to be removed summarily and without notice.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1011)
Every sign or other advertising structure hereafter erected
shall have painted in a conspicuous place thereon, in letters not
less than one inch (1") high in height, the date of erection, the
permit number and the voltage of any electrical apparatus used in
connection therewith.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1012)
The permittee of any sign as defined in this article shall maintain
all parts and support of said sign in good condition to prevent deterioration,
oxidation, rust, and other unsightly conditions.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1013)
(a)
All
signs shall be designed and constructed to withstand a wind pressure
of not less than thirty pounds (30#) per square foot of area; and
shall be constructed to receive dead loads as required in the building
code or other ordinances of the City of DeSoto.
(b)
Plans
shall be sealed by a registered engineer on all roof mounted signs
and on all freestanding signs of fifty (50) square feet or larger
and ten (10) feet or more in height.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1014)
Any sign now or hereafter existing which no longer advertises
a bona fide business conducted, or a product sold, shall be removed
by the owner, agent, or person having the beneficial use of the building
or structure upon which such sign may be found within ten (10) days
after written notification to the owner, agent, or person having the
beneficial use of the land, building, or structure from the building
official; and, upon failure to comply with such notice within the
time specified in such order, the building official is hereby authorized
to cause removal of such sign, and any expense incident thereto shall
be paid by the owner of the land, building, or structure to which
such sign is attached or upon which it is erected. Any sign located
in public right-of-way may be immediately removed by the building
inspector without notice to the owner.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1015)
The provisions and regulations of this article shall not apply to the following signs; provided, however, said signs shall not obstruct visibility as determined by the building official and shall be subject to the provisions of Section 3.1011, Unsafe and Unlawful Signs:
(1)
Signs
not exceeding eight (8) square feet in area which advertise the sale,
rental, or lease of the premises upon which said signs are located
only, except in MU-1, MU-2 and MU-R districts.
(2)
Signs
not exceeding thirty-two (32) square feet which advertise the sale
of residential tracts larger than five (5) acres; or commercial tracts
which advertise the sale, rental, or lease of the premises upon which
said signs are located only, except in MU-1, MU-2 and MU-R districts.
(3)
Name
plates not exceeding one (1) square foot in area.
(4)
Bulletin
boards not over twenty-five (25) square feet in area, for public,
charitable, or religious institutions when the same are located on
the premises of said institutions, except in MU-1, MU-2 and MU-R districts
where such signs are prohibited.
(5)
One
temporary construction sign denoting the architect, engineer, or contractor
when placed upon work under construction, and not exceeding sixteen
(16) square feet in area.
(6)
Occupational
signs denoting only the name and profession of an occupant in a commercial
building or public institutional building and not exceeding two (2)
square feet in area.
(7)
Memorial
signs or tablets, names of buildings and date of erection when cut
into any masonry surface or when constructed of bronze or other incombustible
materials.
(8)
Flags,
emblems and insignia of any governmental body, decorative displays
for holidays or public demonstrations which do not contain advertising
and are not used as such.
(9)
On-site
directional signs not exceeding two (2) square feet, provided such
directional signs do not contain advertising and are not used as such.
Placement of such directional signs must have the approval of the
building official and conform to visibility standards.
(10)
On-site
directional signs in MU-1, MU-2 and MU-R districts may be pole signs,
monument signs, or wall-mounted signs, but may not exceed six (6)
feet in height, if pole or monument type, and shall not exceed nine
(9) square surface feet. Only one directional sign is permitted per
MU-1, MU-2 and MU-R building.
(11)
Traffic
or other municipal signs, legal notices, railroad crossing signs,
danger and such emergency, temporary or nonadvertising signs as may
be approved by the city manager, or his authorized representative.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1016; Ordinance 1874-10 adopted 12/7/10)
Every applicant for a permit referred to herein shall, before
the permit is granted, file with the building official, a continuing
bond in the penal sum of five thousand dollars ($5,000.00), executed
by the applicant and an approved surety company, and conditioned for
the faithful observance of the provisions of this article, and all
amendments thereto, and of all laws and ordinances relating to signs
which shall indemnify and save harmless the City of DeSoto from any
and all damages, judgments, costs or expenses which the said city
may incur or suffer by reason of the granting of said permit. A liability
insurance policy issued by an approved insurance company authorized
to do business in the State of Texas conforming to this subsection
may be permitted in lieu of a bond.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1017)
No sign shall be erected, relocated, or maintained so as to
prevent free ingress to or egress from any door, window, or fire escape.
No sign of any kind shall be attached to a stand pipe or fire escape.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1018)
In order to obtain and secure reasonable traffic safety, it
shall be unlawful for any person to erect or maintain any fluttering,
undulating, swinging, rotating, or otherwise moving sign, or any flashing
sign. 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 manner
as to be likely to interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal, or device. Accordingly,
no sign shall make use of the words, "stop", "go", "look", "slow",
"danger", or any other similar word, phrase, symbol, or character
or employ any red, yellow, orange, green, or other colored lamp or
light in such a manner as to interfere with, mislead, or confuse traffic.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1019)
Goose neck reflectors and lights shall be permitted on ground
signs and wall signs; provided, however, the reflectors shall be provided
with proper shielding or lenses to concentrate the illumination upon
the area of the sign so as to prevent glare upon the street or adjacent
property. Any spotlight or other illumination of a sign shall be so
directed or shielded that the light source is not directly visible
from any street, sidewalk, or adjacent property.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1020)
(a)
It
shall be unlawful for any person to display upon any sign any obscene,
indecent, or immoral matter.
(b)
No
persons shall erect, maintain, or permit the erection of any balloon
or other floating device anchored to the ground or to any structure.
(c)
No
person shall attach any sign, paper, or other material or paint, stencil,
or write any name, number (except house numbers) or otherwise mark
on any sidewalk, curb, gutter, street, utility pole, public building,
fence or structure unless authorized by this article or by the city
council or its delegated representative.
(d)
No
sign shall be illuminated to an intensity greater than two hundred
(200) footlamberts. The restrictions of luminance in this subsection
shall be determined from any other premises or from any public right-of-way
other than an alley.
(e)
Beacons,
revolving or similarly constructed signs shall not be allowed. Electronic
message centers, intermittently lighted, are allowed.
(f)
No
person shall place on, or suspend from any building, pole, structure,
sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise,
or other advertising object or structure for the purpose of advertising
such items, other than a sign as defined, regulated, and prescribed
in this article except as otherwise allowed by ordinance. Items normally
placed on service station pump islands shall not be prohibited by
this subsection.
(g)
No
cloth, paper, banner, flag, device, or other similar advertising matter
shall be permitted to be attached, suspended from or allowed to hang
loose from any sign, building or structure, except as allowed by other
provisions of this article. Such advertising matter shall be a violation
of this section and shall be removed immediately upon notice by the
building official.
(h)
No
portion of any sign all be erected upon or over public property unless
authorized by the city council and under such terms and conditions
that the city may impose.
(i)
No
advertising sign of any type shall be erected within fifty feet (50')
of an adjoining residential district except by special permit of the
city council, subject to appropriate conditions and safeguards.
(j)
No sign shall be allowed unless it is permanently affixed to the premises except as allowed under Section 3.1022, Permitted Signs.
(k)
No
temporary directional signs for the exclusive purpose of directing
traffic to residential sections of the city shall be erected.
(l)
No
signs attached to a motorized vehicle, where the primary use of such
vehicle is for sign purposes will be permitted. Signs attached to
or upon any motorized vehicle shall be prohibited where-any such vehicle
is allowed to remain parked in the same location, or in the same vicinity,
at frequent or extended periods of time where the intent is apparent
to be one of using the vehicle and signs for the purpose of advertising.
Vehicles operating under a city franchise shall be excluded from this
provision. This provision does not restrict the identification signing
on vehicles used for delivery service, interstate commerce, or any
bona fide transportation activity.
(m)
Any
sign constructed of or containing material capable of reflecting light,
images, or sound waves; producing glare or mirrored images, is strictly
prohibited.
(o)
Billboard
signs, portable signs, signs with exposed neon, border lighting, including
neon and LED border tube and pole signs are prohibited within the
MU-1, MU-2 and MU-R districts.
(p)
Signs
containing the use of fluorescent paint and fluorescent colors are
prohibited within MU-1, MU-2 and MU-R districts.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1021; Ordinance 1874-10 adopted 12/7/10; Ordinance
1998-14 adopted 10/7/14)
Signs advertising each legally zoned activity within any district
shall be allowed subject to the following conditions and regulations:
(1)
Signs
shall pertain only to the identification of a building, business,
or products and services manufactured, sold, or offered on the premises
where the sign is located, except as otherwise provided.
(2)
Except
as otherwise provided, all signs shall conform to the following requirements
relative to type of sign allowed, maximum area, surfaces, heights,
location, setback, and other provisions as set forth below by zoning
district:
(B)
Nonresidential Uses (church, school or park) located in Residential
Districts (A, SF-E, SF-1, SF-2, SF-3 and 2F).
No signs
shall be permitted in those areas except:
(iv)
As a condition of release of a new certificate of occupancy, existing
pole signs are required to be removed and replaced with freestanding
monument signs; all new freestanding identification signage associated
with a new certificate of occupancy shall be a freestanding monument
sign. Freestanding monument signs shall be subject to the following
restrictions:
(aa)
A freestanding monument sign is a sign that is
permanently attached to the ground and is the same width and solid
from the ground up. Any pole(s) or supports shall be concealed. The
monument base shall be made of stone, concrete, metal, or similar
materials. The advertising section of the monument sign may be a metal
sign cabinet with plastic faces, individual letters, cast stone, metal,
composite panels or similar material. Fabric faces are prohibited.
(bb)
Signs may be internally illuminated, halo lit, with reverse
channel letter, down or uplighted.
(cc)
One (1) sign per building site shall be allowed within the development,
or one (1) sign per four hundred fifty (450) lineal feet along frontage
street, as long as it does not conflict with other provisions of this
article. Where more than one (1) sign is allowed, there shall be a
minimum of one hundred feet (100') between signs.
(dd)
Size regulations shall be: one square foot (1') per one and
one-half (1-1/2) lineal feet of property frontage up to a maximum
of fifty square feet (50'), located five feet (5') from the property
line; and up to a maximum of seventy square feet (70'), located fifteen
feet (15') from the property line. Minimum size shall be twenty-five
square feet (25'). Maximum height shall be seven feet (7') in overall
height from grade.
(ee)
Both sides of a two-sided monument sign shall be identical in
design and content.
(ff)
There shall be only one (1) monument sign per main entrance
to the project.
(gg)
Monument signs shall not exceed ten feet (10') in overall height
from grade for a multi-tenant monument sign for larger properties
at the main entrance.
(hh)
No guys, braces, attachments, banners, flags, or similar devices
shall be attached to any sign.
(ii)
Electronic message centers shall be allowed in accordance with
this article.
(C)
Multiple-Family Districts (SF-A, MF-1, MF-2, and MH).
No signs shall be permitted in these areas except:
(iii)
One sign per street front subject to the following instructions:
(aa)
Sign may be attached to the building or set back
one-half (1/2) the distance from the building line to the property
line.
(bb)
Sign shall not exceed forty (40) square feet.
(cc)
Height shall not exceed twelve (12) feet.
(dd)
Construction design and material shall match main building.
(ee)
Entire sign must be located inside private property.
(ff)
Such sign shall not constitute a visual hazard as determined
by the building official.
(iv)
As a condition of release of a new certificate of occupancy, existing
pole signs are required to be removed and replaced with freestanding
monument signs; all new freestanding identification signage associated
with a new certificate of occupancy shall be a freestanding monument
sign. Freestanding monument signs shall be subject to the following
restrictions:
(aa)
A freestanding monument sign is a sign that is
permanently attached to the ground and is the same width and solid
from the ground up. Any pole(s) or supports shall be concealed. The
monument base shall be made of stone, concrete, metal, or similar
materials. The advertising section of the monument sign may be a metal
sign cabinet with plastic faces, individual letters, cast stone, metal,
composite panels or similar material. Fabric faces are prohibited.
(bb)
Signs may be internally illuminated, halo lit, with reverse
channel letter, down or uplighted.
(cc)
One (1) sign per building site shall be allowed within the development,
or one (1) sign per four hundred fifty (450) lineal feet along frontage
along street, as long as it does not conflict with other provisions
of this article. Where more than one (1) sign is allowed, there shall
be a minimum of one hundred feet (100') between signs.
(dd)
Size regulations shall be: One square foot (1') per one and
one-half (1-1/2) lineal feet of property frontage up to a maximum
[fifty] square feet (50'), located five feet (5') from the property
line; and up to a maximum of seventy square feet (70'), located fifteen
feet (15') from the property line. Minimum size shall be twenty-five
square feet (25'). Maximum height shall be seven feet (7') in overall
height from grade.
(ee)
Both sides of a two-sided monument sign shall be identical in
design and content.
(ff)
There shall be only one monument sign per main entrance to the
project.
(gg)
Monument signs shall not exceed ten feet (10') in overall height
from grade for a multi-tenant monument sign for larger properties
at the main entrance.
(hh)
No guys, braces, attachments, banners, flags, or similar devices
shall be attached to any sign.
(ii)
Electronic message centers shall be allowed in accordance with
this article.
(D)
Business Districts (P, O, NS, GR, C, CC, and IP).
No
signs shall be permitted in the business district except:
(iii)
Attached signs subject to the following restrictions:
(aa)
Maximum size of sign shall be forty (40) square
feet or the product of two (2) times the lineal footage of the building
or store frontage for which such sign is intended, whichever is greater.
(bb)
An attached sign located at a height of twenty-four (24) feet
or less shall have a maximum vertical height of four (4) feet.
(cc)
An attached sign located at a height above twenty-four (24)
feet shall have a maximum vertical height of six (6) feet.
(dd)
Sign(s) shall not exceed seventy-five (75) percent of the width
of such building or store frontage.
(ee)
Height shall not exceed the roof line or top of parapet wall
and shall provided a minimum of ten (10) feet of vertical clearance
from sidewalk or ground level.
EXCEPTION: On all buildings constructed prior to the effective
date of this article, which have no appropriate surfaces on which
to erect a sign in conformance to this paragraph, signs may be allowed
to project above the roof line to a maximum of four (4) feet.
(ff)
Such sign shall not project over eighteen (18) inches from face
of building.
(gg)
Attached signs shall be designed to transmit all dead and live
loads throughout the structural frame of a building in such a manner
as not to overstress any building element.
(v)
Freestanding Identification Signs subject to the following restrictions:
(aa)
One (1) sign per building site shall be allowed,
or one (1) sign per four hundred-fifty (450) lineal feet of frontage
along street. Where more than one (1) sign is allowed, there shall
be a minimum of one hundred (100) feet between signs.
(bb)
Size regulations shall be: One (1) square foot per one and one-half
(1-1/2) lineal feet of property frontage up to a maximum of one hundred-twenty
(120) square feet. Minimum size shall be twenty-five (25) square feet.
(cc)
A freestanding identification sign with an effective area of
fifty (50) feet or less may be located as near as five (5) feet to
the public right-of-way or at the building line if this requires a
lesser setback provided that said sign is a premises or directional
sign, does not exceed twenty (20) feet in height, and does not occupy
the space between two (2) feet and ten (10) feet above grade within
fifteen (15) feet of the public right-of-way except for supports,
which may not exceed a total cross section area of two (2) square
feet.
(dd)
A Freestanding Identification Sign with an effective area of
one hundred twenty (120) square feet or less may be located as near
as fifteen feet (15') to the right-of-way provided that said sign
is a premises or directional sign, and does not exceed thirty feet
(30') in height.
(ee)
Any projecting or overhanging portion of sign must be a minimum
of ten feet (10') above any walkway and fourteen feet (14') above
driveways. Such sign(s) shall be located a minimum of thirty feet
(30') from adjoining private property lines.
(ff)
Along major thoroughfares, minimum height of letters shall be
six inches (6").
(gg)
Signs shall be constructed of materials that are noncombustible
or slow burning.
(hh)
Sign supports in contact with the ground shall be pressure treated
wood, protected steel or concrete.
(ii)
No advertising matter shall be displayed on or attached to any
freestanding sign. No guys, braces, attachments, banners, flags, or
similar devices shall be attached to any sign.
(jj)
Such signs shall be protected by wheel or bumper guards when
required by the building official.
(vi)
As a condition of release of a new certificate of occupancy, existing
pole signs are required to be removed and replaced with freestanding
monument signs; all new freestanding identification signage associated
with a new certificate of occupancy shall be a freestanding monument
sign. Freestanding monument signs shall be subject to the following
restrictions:
(aa)
A freestanding monument sign is a sign that is
permanently attached to the ground and is the same width and solid
from the ground up. Any pole(s) or supports shall be concealed. The
monument base shall be made of stone, concrete, metal, or similar
materials. The advertising section of the monument sign may be a metal
sign cabinet with plastic faces, individual letters, cast stone, metal,
composite panels or similar material. Fabric faces are prohibited.
(bb)
Signs may be internally illuminated, halo lit, with reverse
channel letter, down or uplighted.
(cc)
One (1) sign per building site shall be allowed within the development,
or one (1) sign per four hundred fifty (450) lineal feet along frontage
along street, as long as it does not conflict with other provisions
of this article. Where more than one (1) sign is allowed, there shall
be a minimum of one hundred feet (100') between signs.
(dd)
Size regulations shall be: one square foot (1') per one and
one-half (1-1/2) lineal feet of property frontage up to a maximum
[fifty] square feet (50'), located five feet (5') from the property
line; and up to a maximum of seventy square feet (70'), located fifteen
feet (15') from the property line. Minimum size shall be twenty-five
square feet (25'). Maximum height shall be seven feet (7') in overall
height from grade.
(ee)
Both sides of a two-sided monument sign shall be identical in
design and content.
(ff)
There shall be only one (1) monument sign per main entrance
to the project.
(gg)
Monument signs shall not exceed ten feet (10') in overall height
from grade for a multi-tenant monument sign for larger properties
at the main entrance.
(hh)
No guys, braces, attachments, banners, flags, or similar devices
shall be attached to any sign.
(ii)
Electronic message centers shall be allowed in accordance with
this article.
(vii)
Temporary promotional advertising banners, flags, or pennants
promoting a grand opening of a retail or commercial establishment
or center with a maximum single use period of fifteen (15) days with
a minimum period between permits of sixty (60) days and a maximum
numbers of one (1) permit per year for each business.
(viii) Portable signs subject to the following regulations:
(aa)
Prior to the use or placement of any portable
sign, a permit must be obtained from the city manager or his designee.
(bb)
A maximum of two (2) portable sign permits per year may be issued
for each business address.
(cc)
No permit for the same business location shall be issued until
a minimum of fifteen (15) days has elapsed since the previous permit
expired. Said portable sign shall be physically removed from the referenced
location upon expiration of the permit. A business location shall
be defined as a shopping center or collection of businesses located
upon one site or one platted tract of property.
(dd)
Portable sign permits may be issued for a maximum of fifteen
(15) days. Said portable sign shall be physically removed from the
referenced location upon expiration of the permit.
(ee)
There shall be a minimum distance of two hundred (200) feet
between portable signs; measured along the street right-of-way. Each
side of the street shall be counted separately.
(ff)
Portable signs shall not exceed thirty-two (32) square feet
in size.
(gg)
Portable signs shall be set back a minimum of fifteen (15) feet
from the curb or edge of pavement completely out of the city right-of-way.
(hh)
Portable signs shall be set back a minimum of thirty (30) feet
from side property lines. Further, said portable signs shall not be
located within the intersection visibility triangle area and shall
not obstruct visibility of motorists or pedestrians.
(ii)
The owner of such portable sign shall be responsible for obtaining
a sign permit, as required herein, and shall be responsible for any
violations of this subsection. Upon obtaining a sign permit, the owner
of the sign shall sign a statement identifying and holding the city
harmless of any damages which may result from the placement of said
sign; and such statement shall further give the city the right to
impound such sign should it be placed in violation of these sign regulations.
(jj)
Portable signs shall permanently display on the sign, in easily
readable form, the name, address, city, zip code and telephone number
of said sign.
(kk)
Portable signs may be internally or indirectly lighted; however,
such light or lights shall not be a flashing intermittent, moving
or similarly lighted type. Any sign constructed of or containing material
capable of reflecting light, images or sound waves; producing glare
or mirrored images shall not be permitted.
(ll)
Impoundment - the owner or occupant of any property upon which
there is located a portable sign in violation of this subsection or
the owner or lessee of any portable sign which is in violation of
this subsection as herein defined shall be given notice by the code
enforcement department, stating the nature of the violation and ordering
that the violation be corrected or removed from said property within
seventy-two (72) hours.
(mm)
Notice by the code enforcement department of violation of this
subsection shall be given by one of the following methods:
- The sign permit shall show the expiration date of the portable
sign permit, or
- A notice shall be attached to the sign in violation of this
subsection, or
- Verbal notification by telephone or in person shall be given
to the owner or occupant of the property upon which there is located
a portable sign in violation of this subsection, or the owner or lessee
of the portable sign in violation of this subsection by code enforcement
department of the City of DeSoto, or
- Written notice by the code enforcement department to the permittee.
(nn)
If the owner, lessor, lessee, or the representative of the lessor
of the portable sign fails to remove such sign within seventy-two
(72) hours of the notification from the code enforcement department
of the city, the portable sign may be removed by the city at the expense
of the sign owner or the person erecting, leasing, using, or maintaining
it.
(oo)
Any portable sign so removed shall be subject to a fee of fifty
dollars ($50.00) for hauling the sign to the city storage area; plus
a ten dollar ($10.00) per day storage fee for each day the sign is
stored by the city.
(pp)
Any portable sign so removed from public or private property
shall be stored or impounded by the city until all applicable charges
have been paid, or until thirty (30) days have passed.
(qq)
If any sign remains unclaimed for a period of thirty (30) days
after its removal, or if the removal and storage costs are not paid
within such thirty (30) day period, the city may destroy, sell, or
otherwise dispose of the sign.
(rr)
In calculating the length of the storage period and the storage
fee, the first working way after the date of the impoundment shall
be considered day number one; thereafter, all days including weekends
and holidays shall be counted.
(ss)
The code enforcement department or any duly authorized agent
may enter upon private property which is accessible to the public
for the purposes specified in this subsection to examine signs or
their location, obtain information as to the ownership of such signs
and to remove or cause the removal of a sign declared to be a nuisance
pursuant to this subsection
(tt)
If the city determines that the owner or occupant of the property
upon which there is located a portable sign in violation of this subsection,
or if the owner or lessee of the portable sign in violation of this
subsection has had three (3) sign violations without reasonable cause,
the city shall withhold issuing further sign permits to such property
owner, lessee, sign owner or sign lessee.
(E)
Commercial and Industrial Districts (I and C) Freeway Frontage.
On-premises pole signs are allowed adjacent to the I-35E corridor,
for a maximum distance of five hundred feet (500') west from the I-35E
rights-of-way along Danieldale Rd., Centre Park Blvd., Wintergreen
Rd., Pleasant Run Rd., Belt Line Rd. and Parkerville Rd. and shall
be subject to the regulations of the Texas Highway Beautification
Act-Outdoor Advertising Signs and this code.
(i)
On-premises pole signs shall be subject to the following restrictions:
(aa)
One (1) sign per building site shall be allowed,
or one (1) sign per four hundred fifty (450) lineal feet of frontage
along freeway. No on-premises pole sign shall exceed three hundred
square feet (300') in effective area, except where more than one (1)
sign would be allowed, the signs may be consolidated into one (1)
sign with an increased area up to a maximum of six hundred square
(600') feet.
(bb)
Size regulations shall be: one (1) square foot per one and one-half
(1/2) lineal foot of frontage.
(cc)
An on-premises pole sign shall not exceed forty feet (40') in
height, or to a point thirty feet (30') above the travel surface of
the adjacent freeway and frontage road, whichever is higher, provided
that the total height of sign does not exceed fifty feet (50').
(dd)
An on-premises pole sign with an effective area of fifty square
feet (50') or less may be located as near as five feet (5') to the
public right-of-way or at the building line if this requires a lesser
setback, provided that said sign is a premises or directional sign,
does not exceed twenty feet (20') in height, and does not occupy the
space between two feet (2') and ten feet (10') above grade within
fifteen feet (15') of the public right-of-way except for supports,
which may not exceed a total cross-sectional area of two square feet
(2').
(ee)
An on-premises pole sign with an effective area of one hundred
fifty square feet (150') or less may be located as near as fifteen
feet (15') to the right-of-way, provided that said sign is a premises
or directional sign, and does not exceed thirty feet (30') in height.
(ff)
An on-premises pole sign with an effective area of six hundred
square feet (600') or less may be located as near as twenty-five feet
(25') to the right-of-way or as near as the building setback line
specified by the comprehensive zoning ordinance, whichever is further,
provided that it does not exceed a height of forty feet (40').
(gg)
Where an off-premises pole sign is wholly within one hundred
feet (100') of a freeway right-of-way, and is oriented to be visible
from that freeway, the height of all characters shall be either greater
than eighteen inches (18") or less than one inch (1").
(F)
Office and Planned Development Districts (O-1 and PD-125) Freeway
Frontage.
On-premises pole signs are allowed adjacent
to the Hwy. 67 corridor, for a maximum distance of five hundred feet
(500') east from the Hwy. 67 rights-of-way and shall be subject to
the regulations of this code.
(i)
On-premises pole signs shall be subject to the following restrictions:
(aa)
One (1) sign per building site shall be allowed,
or one (1) sign per four hundred fifty (450) lineal feet of frontage
along freeway. No on-premises pole sign shall exceed three hundred
square feet (300') in effective area, except where more than one (1)
sign would be allowed, the signs may be consolidated into one (1)
sign with an increased area up to a maximum of six hundred square
(600') feet.
(bb)
Size regulations shall be: one (1) square foot per one and one-half
(1/2) lineal foot of frontage.
(cc)
An on-premises pole sign shall not exceed forty feet (40') in
height, or to a point thirty feet (30') above the travel surface of
the adjacent freeway and frontage road, whichever is higher, provided
that the total height of sign does not exceed fifty feet (50').
(dd)
An on-premises pole sign with an effective area of fifty square
feet (50') or less may be located as near as five feet (5') to the
public right-of-way or at the building line if this requires a lesser
setback, provided that said sign is a premises or directional sign,
does not exceed twenty feet (20') in height, and does not occupy the
space between two feet (2') and ten feet (10') above grade within
fifteen feet (15') of the public right-of-way except for supports,
which may not exceed a total cross-sectional area of two square feet
(2').
(ee)
An on-premises pole sign with an effective area of one hundred
fifty square feet (150') or less may be located as near as fifteen
feet (15') to the right-of-way, provided that said sign is a premises
or directional sign, and does not exceed thirty feet (30') in height.
(ff)
An on-premises pole sign with an effective area of six hundred
square feet (600') or less may be located as near as twenty-five feet
(25') to the right-of-way or as near as the building setback line
specified by the comprehensive zoning ordinance, whichever is further,
provided that it does not exceed a height of forty feet (40').
(gg)
Where an off-premises pole sign is wholly within one hundred
feet (100') of a freeway right-of-way, and is oriented to be visible
from that freeway, the height of all characters shall be either greater
than eighteen inches (18") or less than one inch (1").
(G)
Mixed Use Districts (MU-1, MU-2, and MU-R).
No signs
shall be permitted in mixed use districts except:
(iii)
When possible, signs along a block face should be located at
approximately the same height to create a unifying, horizontal pattern.
Signs shall not project above the rooflines.
(iv)
Letters and graphics are permitted on awnings and canopies provided
that they do not exceed ten inches in individual letter height. The
letters and graphics must relate to the use or business on which they
are displayed.
(v)
Signs must be located outside of city rights-of-way and not be in
conflict with other provisions of this article.
(vi)
Signs shall not constitute a visual hazard as determined by local
ordinance.
(vii)
Attached wall signs shall be subject to the following restrictions:
(aa)
For nonresidential uses - a total of one hundred
(100) square feet of signage per facade per business or two square
feet of wall sign for every linear foot of architectural elevation
width of building front, per business, whichever is less. Only one
wall sign is permitted per business, except for a business at a corner,
which is allowed to have one sign on the front elevation and one on
the exterior side elevation.
(bb)
An attached sign located at a height of twenty-four (24) feet
or less shall have a maximum vertical height of four (4) feet.
(cc)
An attached sign located at a height above twenty-four (24)
feet shall have a maximum vertical height of six (6) feet.
(dd)
Sign(s) shall not exceed seventy-five (75) percent of the width
of such building or store frontage.
(ee)
Height shall not exceed the roofline or top of parapet wall
and shall provide a minimum of ten (10) feet of vertical clearance
from sidewalk or ground level.
(ff)
For residential uses, attached or wall signs are limited to
promoting the name of the complex and shall not exceed a total of
100 square feet per facade.
(gg)
Shall not extend from the building surface more than twelve
(12) inches.
(hh)
Individual letters may make up the sign.
(viii)
Projection signs shall be subject to the following restrictions:
(aa)
Projection signs shall be located on the first
story of the building.
(bb)
They shall not extend more than 4 feet from the building facade.
(cc)
All projecting signs shall be mounted and hung at a 90-degree
angle from the building facade.
(dd)
Projection signs shall provide a minimum of 10 feet of clearance
above walking surface.
(ix)
Only one wall sign or one projection sign is permitted per business
per facade and may be internally illuminated, halo lit, with reverse
channel letter.
(x)
Banner signs shall be subject to the following restrictions:
(aa)
Banner signs are permitted on light poles within
the city’s right-of-way and will be maintained and displayed
by the city.
(bb)
Banner signs within mixed use districts are permitted on poles
or light poles but must be for graphics, art or promoting public events.
(cc)
Banner signs shall not be used to advertise and are subject
to approval by the city.
(dd)
Banner signs shall not exceed 12 square feet.
(ee)
Banner signs shall not exceed 3 feet in width.
(xi)
Directory signs shall be subject to the following restrictions:
(xii)
As a condition of release of a new certificate of occupancy,
existing pole signs are required to be removed and replaced with freestanding
monument signs; all new freestanding identification signage associated
with a new certificate of occupancy shall be a freestanding monument
sign. Freestanding monument signs shall be subject to the following
restrictions:
(aa)
A freestanding monument sign is a sign that is
permanently attached to the ground and is the same width and solid
from the ground up. Any pole(s) or supports shall be concealed. The
monument base shall be made of stone, concrete, metal, or similar
materials. The advertising section of the monument sign may be a metal
sign cabinet with plastic faces, individual letters, cast stone, metal,
composite panels or similar material. Fabric faces are prohibited.
(bb)
Signs may be internally illuminated, halo lit, with reverse
channel letter, down or uplighted.
(cc)
One (1) sign per building site shall be allowed within the development,
or one (1) sign per four hundred fifty (450) lineal feet along frontage
along street, as long as it does not conflict with other provisions
of this article. Where more than one (1) sign is allowed, there shall
be a minimum of one hundred (100) feet between signs.
(dd)
For Mixed Use Districts MU-1 and MU-2.
Size regulations
shall be: one square foot (1') per one and one-half (1-1/2) lineal
feet of property frontage (for signs along street) or building frontage
(for signs within the development) up to a maximum of fifty square
feet (50'), located five feet (5') from the property line; and up
to a maximum of seventy square feet (70'), located fifteen feet (15')
from the property line. Minimum size shall be twenty-five square feet
(25').
(ee)
Mixed Use District MU-R.
Size regulations shall
be: one square foot (1') per one and one-half (1-1/2) lineal feet
of property frontage up to a maximum of fifty square feet (50'), located
a minimum five feet (5') from the property line. Minimum size shall
be twenty-five square feet (25'), located a minimum of five feet (5')
from the property line.
(ff)
Both sides of a two-sided monument sign shall be identical in
design and content.
(gg)
There shall be only one monument sign per main entrance to the
project.
(hh)
Monument signs shall not exceed ten feet (10') in overall height
from grade, a maximum size of one hundred fifty square feet (150')
and a minimum size of twenty-five square feet (25') for a multi-tenant
monument sign for larger properties at the main entrance.
(ii)
No guys, braces, attachments, banners, flags, or similar devices
shall be attached to any sign.
(jj)
Electronic message centers shall be allowed in accordance with
this article.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1022; Ordinance 1874-10 adopted 12/7/10; Ordinance
1998-14 adopted 10/7/14)
(a)
Class
1 (Billboards).
Off-premises pole signs with a maximum
area of each face of three hundred (300) square feet.
(b)
Class
2 (Mini-Billboards).
Off-premises pole signs with a maximum
area of each face of one hundred (100) square feet.
(1)
Location:
Class 1 signs may be located in the commercial, industrial and
industrial park districts (C, I and IP) Freeway Frontage Only. Freeway
Frontage shall be described as being within one hundred (100) feet
of the freeway right-of-way.
Class 2 signs may be located in the parking, office, neighborhood
services, agriculture, general retail, commercial, industrial and
industrial park districts outside the area bounded by Westmoreland
Road, Wintergreen Road, Parkerville Road and a north/south line located
two thousand (2,000) feet west of the Interstate Highway 35 right-of-way.
All Off-Premises Signs shall be located a minimum of two hundred fifty
(250) feet from any residential zoned area or two hundred fifty (250)
feet from a residence in agriculture zones.
(2)
All off-premises signs shall be subject to the following stipulations:
(A)
Class 1 signs shall have a minimum front setback of twenty-five (25)
feet from the right-of-way, or at the building setback line specified
by the comprehensive zoning ordinance, whichever is further.
(B)
Class 2 signs shall have a minimum front setback of fifteen feet
(15') from all street right-of-way.
(C)
All off-premises pole signs shall be located a minimum of thirty
feet (30') from a side or rear property line.
(D)
All off-premises pole signs shall provide a minimum distance of one
thousand feet (1,000') between all detached advertising signs measured
along the street right-of-way.
(E)
Class 1 Signs shall be located a minimum of five hundred (500) feet
from major intersections, and two hundred fifty (250) feet from any
other intersection.
(F)
Class 2 Signs shall be located a minimum of two hundred fifty (250)
feet from major intersections and one hundred (100) feet from any
other intersection.
(G)
Class 1 Signs shall not exceed forty (40) feet in height.
(H)
Class 2 Signs shall not exceed fifteen (15) feet in height.
(I)
Class 1 Signs shall have a minimum character height of eighteen (18)
inches.
(J)
Signs shall be limited to advertising only specific businesses and
business locations and shall not be utilized for product or brand
advertising not associated with such business or business location.
(K)
All off-premises pole signs shall be located only on those streets
designated as major thoroughfares in the city’s major thoroughfare
plan and along Freeway Frontage.
(L)
Spacing and location restrictions shall be maintained. Each side
of the street shall be counted separately. Existing non-conforming
signs shall be counted, as well as new signs.
(M)
Signs shall be of all metal construction.
(N)
Class 2 Signs shall not be illuminated.
(O)
Sign facings may be removed, replaced, or painted; but, any sign
which does not display a message during a one hundred eighty (180)
day period will be considered abandoned and may be removed by the
city.
(P)
Applications for off-premises pole sign permits shall be accompanied
by a copy of the lease agreement or a letter of authorization from
the owner of the property on which the sign is to be located.
(Q)
Off-premises pole sign applications must include a copy of lease
agreement or agreement between property owner and sign owner that
states “off-premises signs shall be removed upon development
of the tract or site upon which it is located.”
(R)
Class 1 and class 2 off-premises signs shall not be permitted upon
any developed site. All off-premises signage shall be removed when
a tract or site is developed.
(S)
No partial, incomplete, or defaced advertising shall be permitted.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1023; Ordinance 1998-14 adopted 10/7/14)
(a)
Temporary
subdivision development signs and for sale or lease signs may be erected
upon approval of the city manager provided such sign(s) relate only
to the property on which they are located. No such sign(s) shall be
erected unless a permit has been secured.
(1)
Such temporary signs shall not exceed ninety-six (96) square feet
in surface area.
(2)
Such temporary signs shall not exceed fifteen (15) feet in height.
(3)
Not more than one (1) such sign shall be erected for each thirty
(30) acres in the area under current development.
(4)
Placement of such signs shall be subject to approval of the building
official and shall not constitute a visibility hazard.
(5)
Such temporary signs shall be removed when ninety-five (95) percent
of the available lots have been sold to owner/occupants.
(b)
Temporary
signs advertising occasional sales (including garage sales, patio
and porch sales) shall be limited to one (1) sign not to exceed two
(2) square feet placed upon the property where the sale is conducted.
Any other signs at any location remote from the sale property are
illegal. Permit for such sign shall not be required when an occasional
sale permit has been secured.
(c)
Temporary
signs for the purpose of advertising civic, nonprofit, or philanthropic
organization activities may be erected within the City of DeSoto within
the following guidelines:
(1)
Each organization shall register with building inspection department
prior to the erection of any such sign.
(2)
The maximum size sign shall be six (6) square feet.
(3)
Each sign shall be located on private property.
(4)
Such signs shall be erected for a maximum of seven (7) days.
(5)
A maximum of six (6) signs may be permitted during each seven-day
period.
(6)
Each sign shall be self-supporting and shall not be attached to fences,
posts, utilities, trees, etc.
(7)
No sign shall be erected or maintained in such a manner as to obstruct
free and clear vision.
(8)
It shall be the responsibility of the organization who registers
the signs to remove them promptly at the end of the seven-day period.
(d)
Temporary
portable signs for public, religious, school or charitable institutions
may be permitted when such sign is located on the premises of said
institution and subject to the following restrictions:
(1)
No such sign shall be erected unless a permit therefore is first
procured from the city manager or his designee.
(2)
No permit fee is required for temporary signs under this section
for public, religious, school or charitable institutions.
(3)
Sign shall not exceed thirty-two (32) square feet in size.
(4)
Sign permit may be issued for a maximum of fifteen (15) days. No
permit for the same locations shall be issued until a minimum of fifteen
(15) days has elapsed since the previous permit expired. Said portable
sign shall be physically removed from the referenced location upon
expiration of the permit.
(5)
Such signs shall be set back a minimum of fifteen (15) feet from
the curb or edge of pavement, completely out of city right-of-way.
Further, said sign shall not be located within the intersection visibility
triangle area and shall not obstruct visibility of motorists or pedestrians.
(6)
Such signs may be internally or indirectly lighted; however, such
light or lights shall not be of a flashing, intermittent moving or
similarly lighted type. Any such sign located within a residentially
zones district shall not be lighted.
(e)
Temporary
home builder directional signs, for the purpose of providing traffic
directions to new residential development in DeSoto only, located
off the premises being advertised is allowed subject to the following
restrictions:
(1)
No such signs shall exceed six (6') square feet in area and thirty-six
(36") inches in height.
(2)
Not more than one such sign for every five hundred (500') feet along
street frontage is allowed for each builder. Not more than ten (10)
different builder directional signs shall be allowed at any one location,
premise or lot.
(3)
No such sign shall be erected in any street median.
(4)
Such signs may be placed on public right-of-way, no closer than three
(3') feet from the curb or edge of pavement. Signs placed in front
of or along the side of an occupied residence require consent of the
property owner prior to posting.
(5)
No such signs may be erected in excess of a three (3) mile radius
of the project or development to which such signs are directing traffic.
(6)
No such sign shall be placed closer than forty-five (45') feet to
any street intersection.
(7)
Such signs shall be freestanding; and shall not distract traffic
or create a traffic hazard. Balloons or streamers are prohibited.
(8)
Such signs shall be kept well painted and in good condition and may
be utilized only from Friday at 12:00 noon Central Standard Time until
the following Monday at 12:00 noon Central Standard Time. No such
signs shall be posted earlier than 12:00 noon Central Standard Time
on Friday and such signs shall be removed no later than 12:00 noon
Central Standard Time on the following Monday. If either Friday or
Monday is either the July 4th, Labor Day or Memorial Day holiday,
the permitted hour shall be extended to include any such holiday.
(9)
No such sign shall be erected unless a permit therefore is first
obtained from the city manager or designee. The application for a
permit shall be accompanied by a nonrefundable permit fee in an amount
established by a resolution of the city council. The permit is valid
for one year or until December 31 of the year of issuance whichever
occurs first. After issuance of the permit, the applicant will be
furnished gummed permit labels to affix to the front or face of each
such sign. No such sign shall be erected or posted without the city
gummed permit label affixed to such sign. Any sign displayed without
the city permit label shall be summarily removed by the city from
the public right-of-way.
(10)
The city may remove any sign found in violation in this section and
shall keep the same for a period of five (5) working days. Thereafter,
the city may destroy such signs. The applicant and/or owner however
may redeem such signs by payment of a redemption fee per sign in an
amount established by resolution of the city council. The city manager
or designee may revoke a permit for any such sign for three (3) or
more violations of this section during any forty-five (45) consecutive
day period.
(f)
Sidewalk
signs for the purpose of advertising or notifying an event may be
erected within the MU-1, MU-2 and MU-R districts, subject to the following
guidelines:
(1)
Sidewalk signs may only be displayed during business hours.
(2)
They must relate to the business on site.
(3)
They must maintain an unencumbered walkway for pedestrians.
(4)
May not be permitted structures.
(5)
May not be electrified.
(6)
Maximum nine (9) square feet per side.
(7)
Only one sidewalk sign is permitted per business.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1024; Ordinance 1874-10 adopted 12/7/10)
(a)
It
is the declared purpose of this article that, in time, all privately
owned signs shall either conform to the provisions of this article
or be removed. By the passage of this article and its amendments,
no presently illegal sign shall be deemed to have been legalized unless
such sign complies with all current standards under the terms of this
article and all other ordinances of the City of DeSoto. Any sign which
does not conform to all provisions of this article shall be a nonconforming
sign if it legally existed as a conforming or nonconforming sign under
prior ordinances; or an illegal sign if it did not exist as conforming
or nonconforming sign, as the case may be. Temporary permits previously
granted shall not be renewed unless the sign is made to conform. It
is further the intent and declared purpose of this article that no
offense committed, and no liability, penalty or forfeiture, either
civil or criminal, incurred prior to the time this article was adopted
shall be discharged or affected by such passage, but prosecutions
and suits for such offenses, liabilities, penalties, or forfeitures
may be instituted and causes presently pending may proceed.
(b)
Removal
of Certain Nonconforming Signs:
(1)
Signs erected without a permit, either prior to or after the adoption
of this article on November 6, 1979, are illegal signs under this
and prior sign control ordinances if a permit was required for its
erection.
(2)
All signs legally erected pursuant to a valid permit or legally maintained
prior to November 6, 1979, which do not conform to the provisions
of this article shall be removed or relocated so as to conform with
the requirements of this article within ten (10) years.
(3)
If a non-conforming sign in the city was destroyed by the tornado
disaster of April 25, 1994, the owner thereof shall be authorized
to apply for a permit to replace the sign upon the following conditions:
(A)
The permit authorized by this article must be secured by the owner
from the building official of the City of DeSoto not later than September
1, 1994. Construction of replacement sign must be completed within
thirty (30) days from the date the permit is issued. Any sign not
completed within that time period must be in compliance with all the
requirements of this chapter to be finally inspected.
(B)
The nonconforming aspects of the sign shall be determined by the
building official through investigation of official tax records, city
building permit records, sign permit records, or other official records
of the City of DeSoto or other official agency.
(C)
Upon application of the owner, the building official may issue a
permit for reconstruction of a sign to replace the one destroyed by
the tornado disaster and conforming to the setbacks the destroyed
sign met, no larger in area than the destroyed sign, no greater in
height than the destroyed sign, and containing no more non-conformities
than the destroyed sign contained.
(D)
The reconstructed sign may be altered in any manner from the original
sign so as to meet the current regulations of this chapter.
(E)
Except as provided in subsection (b)(2), all other regulations of this article shall be met in the construction of the replacement sign.
(F)
The building official shall have the authority to authorize a permit
for the reconstruction of a sign within the parameters stated herein.
The building official may allow equal building construction techniques
and materials if the original techniques or materials are no longer
available or applicable. No safety, electrical, wind pressure or deadload
requirement of this section shall be waived in the reconstruction
of a nonconforming sign. No illegal or temporary sign shall be permitted
under this subsection. Any appeal of a decision of the building official
under this subsection shall be made to the board of adjustment.
(c)
Where
a sign in a former "Zoning District" has been made nonconforming because
of the change of that zone to a non-business category, then that sign
must be removed, or brought into conformity immediately.
(d)
No
nonconforming sign shall be repaired or renovated at a cost in excess
of thirty-five (35) percent of the replacement cost of the total sign
structure, unless said sign is brought into conformity with this article.
No nonconforming sign shall be repaired or renovated where the effect
of such repair or renovation shall be to enlarge or increase the structure
of the nonconforming sign. For the purposes of this subsection, normal
maintenance shall not be considered to be repair or renovation.
(e)
Where
any legally erected sign is made nonconforming as a result of:
(1)
the adoption of any amendment to this article; or
(2)
any amendment to the Comprehensive Zoning Ordinance: or
(3)
the acquisition of public right-of-way; or
(4)
the redesignation of public streets in accordance with the ordinances
of the City of DeSoto, as amended; or
(5)
the dedication of a public park; or
(6)
any other legislative action of the city council of the City of DeSoto,
the sign shall be removed, relocated, or altered so as to conform
to the requirements of this article or to the Comprehensive Zoning
Ordinance within ten (10) years of the date of the above listed action.
(f)
It
shall be unlawful to maintain any sign erected without a valid permit
where a permit was required for the erection of the sign according
to the law in effect at the time the sign was erected. It is a defense
to prosecution under this subsection if the sign is made to comply
with the provisions of this article so that a permit may be issued.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1025)
The board of adjustment shall be empowered to vary the provisions
of this article if it appears that the provisions would work a manifest
injustice, considering such factors as the sign, location, and other
pertinent factors. Such decision of the board shall not conflict with
the spirit of this article, which is one of safety, provision of adequate
light, open space and air, conservation of land and building values
and to encourage the most appropriate use of land.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1026)
The owner of the sign, the owner of the land or structure, or
the person in charge of erecting the sign or structure are all subject
to the provisions of this article and therefore subject to the penalty
hereinafter provided.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1027)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(1995 Code of Ordinances, Chapter 3, Article 3.1000,
Section 3.1028)
