(a)
The
purpose and intent of this article is to regulate, control and administrate
the use of signs within the boundaries of the town and within the
town’s extraterritorial jurisdiction, and to provide for the
safety and well-being of town’s citizens by providing safe and
aesthetically pleasing signage without causing undue hardship or burden
on businesses.
(b)
All
ordinances heretofore adopted by the town regulating the erection,
structure, size location, and placement of all signs and advertisements
shall be and are hereby made applicable to all properties and land
within the extraterritorial jurisdiction of the town in addition to
the corporate and territorial limits of the town to the extent that
such regulations are applicable to outdoor signs, and the town does
hereby extend the provisions of said outdoor sign regulatory ordinances
to the town’s area of extraterritorial jurisdiction.
(Ordinance 2014-0421-03 adopted 4/21/14)
Any permittee, owner, manager, agent, occupant, person or persons
in charge of a premises; person or persons having the beneficial use
of the property on which a sign is erected, maintained or displayed;
the owner of the land or structure on which a sign is located; a contractor
or person or persons in charge of erecting, maintaining or displaying
a sign; or, anyone who causes a sign to be erected, displayed or maintained,
are all subject to the provisions of this article.
(Ordinance 2014-0421-03 adopted 4/21/14)
For the purpose of this article the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A temporary sign with two faces designed to stand independently
of other structures or fixtures. The top edges of both sign faces
may be connected or placed together.
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To change the size, shape, outline, configuration, intent,
location or type of sign.
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The area of a sign shall be measured as the area within a
series of straight lines around the outermost extremities of all text,
symbols, graphics, advertising surfaces, framing, background and ornamentation,
but not including sign poles or other supporting structures. If dimensions
and a means of calculating the area of circular, oval-shaped or triangular
signs are readily available, they may be used for such signs.
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An architectural projection designed to provide weather protection,
identification or decoration, and supported by the structure to which
it is attached. An awning is composed of a frame over which is placed
a cover of fabric or other material.
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A temporary sign, other than a decorative civic flag or banner,
constructed of fabric or other nonrigid material and erected so as
to be visible from the outside of a structure.
The building official of the town or the building official’s
authorized representative.
The gross useable interior square footage of a building,
excluding porches, breezeways, exterior un-walled storage, and vehicle
ports.
A sign containing information where a portion of such information
may be periodically changed, providing that such change shall be effected
by the replacement or interchange of letters, numbers or other graphic
symbols by insertion, attachment, or similar means.
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A roof-like structure of permanent construction, either freestanding
or supported by an adjacent structure and open on two or more sides.
Examples of canopies include those structures erected above the fuel
mps at a service station or the lanes of a drive-thru facility.
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A permanent sign comprised of a fixed frame of a type approved
by the building official holding a removable promotional placard or
insert, including digital pricing inserts for gas station pricing
or digital menu boards.
A sign which announces the beginning or opening of a business,
activity, event or institution in the near future.
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A minor sign advertising any contractor, builder or other
firm performing work on a property.
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Any sign made of lightweight plastic, fabric or other nonrigid
material suspended from structural members when used to promote any
local community project or event sponsored or co-sponsored by the
town, the Aubrey Independent School District, or the Aubrey Area Chamber
of Commerce.
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A temporary off-premises sign which provides traffic direction
to new residential development.
A mechanical or electronic module that is part of a gas station
sign (pole, freestanding or monument) that updates pricing of fuel.
That condition as determined by the building official in which
any part of a sign is chipped, flaked, faded, corroded, rusted, broken,
damaged, defective, missing, torn, bent, dented, cracked, splintered,
twisted, inoperable;
Where the message or wording is faded or can no longer be clearly
read;
Where any part of the sign is not in compliance with the requirements
of the building, electrical or other model codes currently adopted
by the town; or
Where a sign is more than ten degrees out of vertical alignment.
A sign used for listing the occupants within shopping centers,
industrial sites, retail districts, office districts and commercial
sites.
A sign designed specifically for the purpose of directing
or providing guidance to vehicular and pedestrian traffic on private
property.
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The length of that side of a structure through which the
majority of customers, patrons or visitors enter the structure. Also,
any wall of a structure adjacent to a public way or public access
area.
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To deposit, place, throw, scatter, hand out, give or leave
any handbill at any location within the town.
To build, construct, attach, hang, place, suspend or affix
a sign, including the painting of signs on the exterior surface of
a building or structure or on the exterior or interior surface of
a window.
The surface or surfaces of a sign upon which the text or
copy is displayed or illustrated.
A permanent sign made of fabric or flexible material containing
distinctive colors, patterns, logos, wording or symbols used to signify
or identify civic organizations, corporate logos, or the governments
of the United States, the state, Denton County or the town, and generally
designed to be mounted on one end so as to move in the wind.
A sign not exceeding 18 feet in height and 160 square feet
in total sign structure area including the base, placed on property
adjacent to Hwy. 380, Hwy. 377 or Hwy. 424. Bases for freestanding
business signs may be solid or may consist of one or more supporting
elements wrapped in stone or brick that matches the materials used
in the construction of the main structure on the lot. For solid bases,
the minimum width must be 4 feet and the base must extend from grade
to the underside of the sign. For bases consisting of multiple supports,
the minimum width of each support shall be 18 inches and must extend
from grade to the underside of the sign.
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One side of a structure through which the majority of customers,
patrons or visitors enter the structure.
Any temporary promotional sign for the sale of personal household
goods in a residentially zoned district or on the property of a nonprofit
organization.
A sign which is used to identify a business, profession,
service, product or activity.
A temporary sign other than a minor sign, banner, pennant,
portable sign, or searchlight, which is designed to be placed on or
in the ground.
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Any printed, reproduced or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, card, advertising matter
or any other matter or literature which directs attention to any person,
business, organization, entity, product, service or event.
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A temporary sign that advertises opportunities for employment.
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A pole sign exceeding 18 feet in height in an area placed
on property adjacent to Hwy. 380, Hwy. 377, or F.M. 424.
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A sign used to identify the name of shopping, industrial,
commercial, retail and office centers.
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Any sign which, when erected or displayed, was in violation
of any applicable town rule, regulation, requirement or ordinance.
A sign which has characters, letters, figures, or designs
internally illuminated by electric lights, luminous tubes or other
means that are specifically placed to draw attention to, or to provide
nighttime viewing of, the subject matter on the sign face.
A sign, less than two square feet in surface area, of a noncommercial
nature, intended primarily for the convenience of the public. Included
are nameplates, signs designating restrooms, address numbers, hours
of operation, entrances to buildings, directions, help wanted, public
telephone and so forth.
A balloon or other device expanded or enlarged by the use
of air or gas used as a sign or to support or display any sign.
Any legal sign that no longer conforms to current town rules,
requirements, regulations and ordinances.
Any sign which, when erected or displayed, complied with
all applicable town rules, requirements, regulations and ordinances.
A formalized design or insignia of a company, entity or product
which is commonly used in advertising to identify that company, entity
or product.
An individual parcel or tract of land recorded by a plat
or deed in the office of the appropriate county clerk.
A sign that is used to list items, dishes, meals or specialties
to be served.
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Any small temporary sign generally, but not limited to being,
supported in or on the ground by one or more stakes or other lightweight
members. Signs must be professionally made and cannot be hand lettered
or spray-painted.
A permanent sign having a low profile, with its width greater
than its height. It can be made of stone, metal, wood, brick or other
materials approved by the building official. A monument sign shall
be solid from the ground up, and all poles or supports shall be concealed.
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An identification sign combined with a directory sign.
A sign which identifies a park, an entrance to the town,
a place of interest within the town, a town-sponsored event, or any
municipally owned facility.
Any material which will not ignite at or below a temperature
of 1,200 degrees Fahrenheit and will not continue to burn or glow
at that temperature, or shall have a flame spread of 25 or less.
A sign or sign appurtenances which no longer serves a bona-fide
use or purpose, or a sign which advertises a business no longer in
operation or a product or service no longer offered at that location.
A sign pertaining to a business, person, organization, activity,
event, place, service or product not located or offered on the premises
on which the sign is located. Off-premises signs include, but are
not limited to, those signs commonly referred to as billboards.
A sign erected at or upon the location referred to on the
sign.
A temporary sign made of lightweight plastic, fabric or other
material, which may or may not contain a message of any kind, suspended
from a rope, wires or string, usually in a series and designed to
move in the wind.
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A sign constructed of any rigid material, with or without
frames, permanently attached to the ground or to a wall, building
or other structure, and displayed for an indefinite period of time.
The following signs, as defined in this article, are considered permanent
signs: changeable signs, freestanding business signs, monument signs,
murals, pole signs and wall signs. All other signs are considered
temporary signs.
A person, firm, partnership, association, corporation, company,
organization or entity of any kind.
A permanent sign attached or anchored to the ground, and
supported by one or more poles.
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A temporary sign that refers or relates to issues, candidates
or political measures that constitute the subject of an election.
Any sign mounted on a base, chassis, pallet, frame, trailer,
or on wheels or similar mobile structures, so as to be quickly and
easily moved from one location to another.
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All privately owned real property except that which is subject
to an easement or other encumbrance that allows a municipality or
public utility to use the property for a public purpose.
Any sign not expressly permitted within this article or any
sign specifically prohibited by this article.
A sign used to designate special sales, offers, or hours
of operation.
The line denoting the limits of legal ownership of property.
All real property other than private real property.
A sign having moveable or changeable alternating electronic
advertisements.
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A temporary on-premises sign pertaining to:
The side or sides of a structure opposite that side which
constitutes the front of the structure as defined above, or as determined
by the building official.
To replace, renew, repaint or refurbish the face of a sign
without altering the sign in any way.
A device attached to a single pole, post or stanchion and
composed of streamers, tinsel or like material designed to attract
attention by means of the reflection of light in an intermittent or
variable manner.
Those parts of a structure other than vertical walls that
provide protection from the elements.
A permanent sign that displays scores, results, identification
of donors, or other information pertinent to athletic activities.
An apparatus containing a light source and a reflector for
projecting a high-intensity beam of approximately parallel rays of
light.
The horizontal distance between any part of a sign and the
property line adjacent to streets, highways or thoroughfares, or other
public property.
That which attracts or directs attention by visual means
to any object, product, service, place, activity, person, institution
or business. A sign includes any fasteners, fixtures, methods, or
structures by or upon which a sign is erected, attached, displayed,
placed or mounted.
A sign constructed of any material, with or without frames,
not permanently attached to the ground or to a wall, building or other
structure, and intended to be displayed for a limited time only. All
signs not specifically named under the definition of permanent signs
are considered temporary signs.
The Town of Cross Roads, Texas.
The right-of-way required by the property from the town and
the right-of-way required by TX-DOT.
For the purpose of this article only, every device, whether
motorized or nonmotorized, in, upon or by which any persons or property
is or may be transported or drawn upon a street, highway, or a driving
or parking surface.
Where two streets intersect, the visibility triangle is the
area that shall be formed by measuring along both curblines or pavement
edge a distance of 30 feet from their point of intersection. The two
points thus located are connected by an imaginary line to form a triangle.
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Where a street intersects an alley or driveway, the visibility
triangle shall be formed by measuring along both property lines a
distance of eight feet from their point of intersection. The two points
thus located are connected by an imaginary line to form a triangle.
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A permanent sign other than a mural erected, displayed or maintained
on the wall of a building.
A sign attached to or painted upon an awning and visible to
the exterior shall be considered a wall sign.
Internally illuminated wall signs shall be constructed of noncombustible
materials, except that sign faces may be made of plastic or other
slow-burning materials.
Signs suspended from canopies, soffits, eaves, overhangs or
similar structures shall be considered wall signs.
A sign painted on or attached to a window or erected, displayed
or maintained inside a structure within five feet of a window and
visible through such window.
(Ordinance 2014-0421-03 adopted 4/21/14; Ordinance 2016-0320-01, sec. 1, adopted 3/20/16; Ordinance 2017-1218-02 adopted 12/18/17)
(a)
Sign permit required.
It shall be unlawful for any person
to maintain, display, erect, replace, repair, alter or reface any
sign or to cause same to be maintained, displayed, erected, replaced,
repaired, altered or refaced within the territorial and corporate
limits of the town or within the extraterritorial jurisdiction of
the town without first obtaining a permit to do so from the building
official, except as may be hereinafter provided.
(b)
Signs exempt from permit.
A permit shall not be required
for the following signs; provided, however, such signs shall otherwise
comply with all other applicable sections of this article.
(1)
One temporary rigid wall sign not exceeding six square feet in area,
which advertises the sale, rental or lease of the premises on which
such sign is located.
(2)
Memorial plaques, building identification signs, and building cornerstones
when cut or carved into the masonry surface or when made of noncombustible
material and made an integral part of the building or structure. These
signs not to exceed four square feet in area.
(3)
On-site directional signs not exceeding eight square feet in area
and four feet in height, provided such signs do not contain advertising
and are not used as such. Directional signs are only permitted behind
the property line.
(4)
Political signs. Political signs cannot exceed 60 days prior to election
and must be removed within 7 days after the election.
(5)
Traffic or other municipally owned signs, legal notices, danger and
such emergency, temporary or nonadvertising signs as may be approved
by the town council or the town manager or authorized representative.
(6)
Temporary special occasion announcement signs on residential lots
for a maximum time limit of five days and no more than 3 times in
one calendar year.
(7)
Religious emblems when installed in compliance with the zoning and
construction codes.
(8)
Seasonal decorations other than banners or other signs, for a maximum
of 60 days, provided traffic visibility is not affected.
(9)
Incidental signs.
(10)
The changing of messages, panels, faces or copy of signs designed
and intended to be changed on a regular basis, provided the sign is
not altered. Examples of such signs are theater marquees, bulletin
boards, menu boards, fuel prices, and changeable advertisements.
(11)
Minor signs, except as required elsewhere in this article.
(12)
Temporary signs for public, educational and religious activities
which do not exceed 16 square feet. Maximum of one per property. Maximum
use period of 30 days and maximum total use of 180 days in a calendar
year.
(13)
Bulletin boards not exceeding 32 square feet in area for governmental,
charitable, educational, or religious institutions when such are located
on the premises of said institutions and do not exceed 10 feet in
height measured from ground level and do not exceed one per institution,
except for sites abutting more than one public street in which case
a maximum of one bulletin boards per site will be allowed.
(14)
Window signs.
(15)
Flags: limit 3 flagpoles per business location.
(c)
Application for sign permit.
Application for a sign
permit shall be made in writing upon forms furnished by the building
official. Such application shall contain the location by street and
number of the proposed sign structure, as well as the name and address
of the owner and the sign contractor or erector. The building official
may require the filing of plans or other pertinent information where
in the building official’s opinion such information is necessary
to insure compliance with this article. Four (4) copies of colored
plans at 1/4" scale must be submitted along with application.
(d)
Permit fees.
Nonrefundable permit fees for each sign
shall be as provided for in the town master fee schedule.
(e)
Permit valid for only sixty days.
If the work authorized
by a permit issued under this article has not been commenced within
60 days after the date of issuance, nor completed within one hundred
twenty (120) days, the permit shall become null and void. If a permit
expires by lapse of time, a new permit shall be required before beginning,
recommencing or completing the work.
(f)
Permit revocable.
(1)
The building official may suspend or revoke any permit issued under
the provisions of this article whenever:
(A)
It is determined by the building official that the permit is issued
in error or on the basis of incorrect or false information supplied;
or
(B)
A sign for which such permit is issued violates any of the provisions
of this or any other ordinance of this town or laws of this state
or the federal government.
(2)
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.
(g)
Persons ineligible to receive permits.
The building
official is hereby authorized to withhold issuance of a sign permit
to any person who has previously failed or refused to pay any fees
or costs assessed under the provisions of this article, or who is
currently in violation of any provision of a town ordinance, until
such fees are paid or ordinance violations are abated.
(h)
Work done without a permit.
(1)
Investigation.
Whenever any work for which a permit
is required by this article has been commenced without first obtaining
said permit, a special investigation shall be made before a permit
may be issued for such work.
(2)
Fee.
An investigation fee, in addition to the permit
fee, may be collected, whether or not a permit is then or subsequently
issued. The investigation fee shall be equal to the amount of the
permit fee and will be additional to any permit fee filed.
(i)
Inspections.
(1)
All signs for which a permit is required shall be subject to inspection
by the building official.
(2)
Footing or pier hole inspections may be required by the building
official for all signs having same.
(3)
All signs containing electrical wiring shall be subject to the provisions
of the governing electrical code, and the electrical components used
shall bear the label of an approved testing agency.
(4)
All signs may be reinspected at the discretion of the building official.
(Ordinance 2014-0421-03 adopted 4/21/14)
(a)
Maintenance of signs.
(1)
All signs shall be kept in a proper state of repair and preservation.
It is a violation of this article to keep or allow to be kept any
sign in a dilapidated or deteriorated condition.
(2)
The building official may cause the repair or removal of any sign
that is not maintained in accordance with the provisions of this article.
All expenses incurred by the town incidental to such repair or removal
may be placed as a lien against the property from which the sign is
removed.
(3)
All signs and sign structures shall comply with minimum standards
established by the building codes of the town, as amended, unless
standards described in this article are more restrictive, then in
such event the provisions of this article shall apply.
(b)
Removal or repair of unsafe signs.
If the building official
shall determine that any sign is unsafe, unsecure or a public nuisance,
the building official shall give written notice to the person or persons
responsible for such sign. If the permittee, owner, manager, occupant,
agent or person having beneficial use of the property or structure(s)
upon which such sign is mounted or located fails to remove or repair
the sign within ten days after such notice, such sign may be removed
by order of the building official at the expense of the permittee,
owner, manager, occupant, agent or person having beneficial use of
the property upon which it is located. The building official may cause
any sign which is an immediate hazard to persons to be removed summarily
and without notice. All expenses incurred by the town incidental to
such removal may be placed as a lien against the property from which
the sign is removed.
(c)
Removal of obsolete signs.
(1)
Any sign declared by the building official to be an obsolete sign
shall be removed by the owner, manager, occupant, agent or person
having beneficial use of the property or structure(s) upon which such
sign is erected. Removal shall be effected within ten days of the
date of written notification to do so from the building official.
(2)
Upon failure to comply with such notice, the building official is
hereby authorized to cause the removal of such sign, and any expense
incidental thereto shall be paid by the owner, manager, occupant,
agent or person having beneficial use of the property or structure(s)
upon which such sign is mounted or located. All expenses incurred
by the town incidental to such removal may be placed as a lien against
the property from which the sign is removed.
(Ordinance 2014-0421-03 adopted 4/21/14)
(a)
Sign use on public property.
Notwithstanding other requirements
of this article, the building official may approve the placement of
decorative civic flags or banners or minor signs on public property
on a temporary basis, for the following purposes: (1) seasonal events,
(2) special occasions, or (3) civic or community projects, celebrations
or events sponsored or co-sponsored by the town, the Aubrey/Denton
Independent School District, or the Aubrey Area Chamber of Commerce.
(1)
Such approval shall not constitute any type of permanent right, easement
or license for the use of public property.
(2)
The town may install decorative civic flags or banners on a year-round
basis on public property or right-of-way when attached to permanent
or other structural members or supports, including, but not limited
to, electric light poles.
(b)
Legal nonconforming signs.
Legal nonconforming signs
may be maintained as erected, however such signs must be brought into
compliance with current rules, requirements, regulations and ordinances
whenever:
(1)
The sign is altered;
(2)
The sign is destroyed or damaged such that the cost to repair the
sign is equal to or greater than 50 percent of its replacement cost;
or
(3)
The property remains vacant or without a current certificate of occupancy
issued by the town for a period of six months or longer.
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If the only alteration to a legal nonconforming sign consists
of refacing, the sign may be otherwise maintained as erected.
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(Ordinance 2014-0421-03 adopted 4/21/14; Ordinance 2016-0320-01, sec. 2, adopted 3/20/16)
(a)
Any
sign, placement or use of a sign not specifically described or allowed
by this article is prohibited.
(1)
Safety and traffic.
(A)
Any sign erected in a manner that would confuse or obstruct the view
or interpretation of any official traffic sign, signal or device is
prohibited.
(B)
No sign shall be erected or material distributed in such a manner
as to constitute a public hazard, menace or danger.
(C)
No sign may be erected within the visibility triangle.
(2)
Certain illuminated signs prohibited.
(A)
No sign shall be illuminated to such an intensity or in such a manner
as to constitute a traffic hazard or public nuisance.
(B)
Moving, flashing, animated, intermittently lighted, changing color,
revolving or similarly constructed signs, beacons, jump clocks or
digital display devices showing messages, pricing information, and
similar data are prohibited, with the exception of scoreboards, time
and temperature displays, fuel price displays that do not flash, and
menu boards that do not flash and are less than 18 square feet with
a maximum height of six feet, limit one per drive-through.
(C)
No portion of an illuminated sign shall have luminescence greater
than 200 foot-lamberts.
(D)
No illuminated sign shall be erected within 150 feet of a residential
district unless the lighting is shielded from view of the residential
district.
(3)
Off-premises signs.
All off-premises signs are prohibited.
This includes all signs commonly referred to as billboards.
(4)
Usage or content of signs.
(A)
Signs that display any obscene, indecent, suggestive or immoral matter
as determined by the building official are prohibited. Decisions of
the building official regarding that which constitutes such matter
may be appealed to board of adjustments.
(B)
The use of any actual goods, wares, merchandise, vehicles or articles
for sale or display as a sign or part of a sign is prohibited.
(C)
No minor sign, banner or any other sign defined in this article or
designated by the building official as a temporary sign shall be used
or permitted for use as a permanent sign. No such sign may be displayed
longer than 60 days unless a special permit has been granted. A temporary
sign may be displayed for 60 days and must be removed for a minimum
time period of 30 days.
(5)
Miscellaneous prohibitions.
(A)
Except as specified in this article, no sign, name, number or advertising
material other than building addresses may be applied to, placed or
scattered upon streets, curbs, gutters, sidewalks, trees, rocks, natural
features, fences, railings, public telephones, utility poles or any
public property. Any sign found on public property or within a right-of-way
may be seized. Removal and disposal of same are hereby authorized.
(B)
No signage other than the main permitted signs shall be painted on
or attached to the poles or support members of any sign.
(C)
No business may erect, maintain or display a sign unless a certificate
of occupancy has been issued by the town, or application for same
has been received by the town, or a building permit has been issued
for construction of the business requesting the sign, or an agreement
to rent, lease or buy a structure has been finalized by the business
requesting the sign.
(D)
No sign may be painted, mounted, erected, maintained or displayed
on the roof of a structure, or in such a manner as to extend above
the walls of a structure. However, as an exception, wall signs may
be attached to a mansard roof, provided that such signs do not extend
above the top of the roof.
(E)
No portable sign shall be permitted or allowed.
(F)
Only incidental and directional signs are permitted on the rear wall
of any structure.
(G)
No sign may have more than two faces. The faces of a double-faced
sign may not be separated by an angle greater than 45 degrees. The
total square footage of both faces counts toward the allowable square
footage.
(H)
No inflatable sign shall be permitted.
(I)
Distribution of handbills.
(J)
Pole signs.
(K)
Highway signs.
(L)
No handheld signs, worn signs or costumes shall be permitted. Persons
or groups exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech, and the right of assembly and organized charity functions
are exempt.
(Ordinance 2014-0421-03 adopted 4/21/14)
(a)
Banners.
(1)
Allowed uses: Unrestricted.
(2)
Permit: Required for each banner visible from the outside of a structure.
(3)
Maximum height: Maximum 18 feet above ground or building height.
(4)
Maximum area: Forty square feet.
(6)
Maximum number: One per business address.
(7)
No more than one banner may be displayed on any single wall of a
business.
(b)
Ground signs.
(2)
Permit: Not required.
(3)
Maximum height: Ten feet.
(4)
Maximum area: Thirty-two square feet.
(6)
Maximum number: One per property.
(7)
Duration: Sign shall be removed when the property is sold, rented,
leased, fully developed or within 12 months of occupation.
Exception: Coming soon, duration of active building permit or
until business opens.
(c)
Minor signs.
(2)
Permit: Not required.
(3)
Maximum height: Three feet.
(4)
Maximum area: Eight square feet.
(5)
Placement: Private property only. Not allowed on public property.
(7)
Duration: As noted below:
(A)
Garage sale signs must be removed no later than the day after the
sale.
(B)
Contractor signs may not be erected before work begins and must be
removed when the work is completed or stopped.
(C)
Real estate signs must be removed no later than a week after the
closing date, or completion of the project or sale.
(D)
Help wanted signs may be only temporary in nature.
(d)
Monument signs.
Signs greater in length than in height.
(2)
Permit: Required.
(3)
Maximum height: Ten (10) feet, including monument base, measured
from ground level.
(4)
Maximum area: Each commercial building shall be allowed either a
monument sign or a freestanding business sign, but not both, based
on the formula below:
A single-tenant business shall be entitled to one square foot
of signage per 50 square feet of total building space, with each business
allowed a minimum of 40 square feet and a maximum of 160 square feet,
regardless of size.
A multitenant building shall be allowed 1 square foot of signage
per 40 square feet of total building space, with each business allowed
a minimum of 50 square feet of signage, and a maximum of 160 square
feet.
The maximum sign area on either type of sign is 160 square feet,
including the base. The maximum size is based on the building footprint.
A minimum requirement of 20% of the entire sign area is required for
the base. The remaining area is allowed for the sign face. Main sign
supporting structure may not be visible. Base must be made of natural
stone, brick, pouredin-place decorative concrete, or stucco-covered
concrete.
Exception: Menu boards, maximum of 56 square feet total, with
a maximum of 8 feet in height.
(7)
Duration: Permanent.
(e)
Freestanding business signs.
(2)
Permit: Required.
(3)
Maximum height: Eighteen (18) feet, including monument base, measured
from ground level.
(4)
Maximum area: Each commercial building shall be allowed either a
monument sign or a freestanding business sign, but not both, based
on the formula below:
A single-tenant business shall be entitled to one square foot
of signage per 50 square feet of total building space, with each business
allowed a minimum of 40 square feet and a maximum of 160 square feet
of total sign (not sign area), regardless of the size of the building.
Minimum sign width is 4 feet.
A multitenant building shall be allowed 1 square foot of signage
per 40 square feet of total building space, with each business allowed
a minimum of 50 square feet of signage, and a maximum of 160 square
feet of total sign (not sign area). Minimum sign width is 4 feet.
The maximum total signage is 160 square feet, including the
base. A minimum requirement of 20% of entire sign area is required
for the base. The remaining area is allowed for the sign face. Main
sign supporting structure may not be visible. Base will be made of
stone, brick, pouredin-place decorative concrete, or stucco-covered
concrete.
(6)
Maximum number: One per street frontage.
Exception: Directory, one per major entrance; directional, maximum
4.
(7)
Duration: Permanent.
(f)
Wall signs.
(2)
Permit: Required.
Exception: Directional signs and scoreboards, not required.
(3)
Maximum height: Signs may not extend above the top of the wall.
Exception: Directional signs, four feet.
(4)
(A)
Maximum area: The total square footage of all wall signs on a structure
may not exceed the linear measurement of the display frontage of that
structure. When the display frontage includes more than one wall,
the total square footage of all wall signs on any one wall of the
structure may not exceed the linear measurement of the wall upon which
erected. The width of a sign may not exceed 75% of the linear feet
of the frontage.
(C)
Canopies, such as those found at service stations and other accessory
structures, are considered separate structures from the main structure
for the purpose of determining area allowance.
(5)
Placement:
(A)
Walls of structures or mansard roofs: Signs placed on a mansard roof
may not extend above the top of the roof.
(B)
Wall signs may not extend more than 12 inches away from the wall
on which they are erected or attached.
(C)
Wall signs used as menu boards may only be displayed on the side
and/or rear walls of a structure.
(6)
Maximum number: Single-tenant structure five per structure, but the
total of combined signs count toward the maximum allowed square feet.
A multi-tenant building shall be allowed one (1) square foot of signage
per width of tenant’s display frontage, with each business allowed
up to a minimum of 36 square feet of signage, up to a maximum of 160
square feet, with a maximum letter height of 28 inches. A tenant of
a multi-tenant building, occupying a suite that has more than one
display frontage may have up to 2 signs. If there are multiple rear
entrances into a building, each tenant may place a 2 square foot sign
above or on the door to identify the tenant.
Exceptions:
(A)
Scoreboards: One per property.
(B)
Canopies and accessory buildings: One per side, if canopies are separated,
they count as one per frontage side.
(C)
Accessory buildings: One per structure. Signs containing digital
price changer, “display numbers” shall not exceed 18"
per module nor more than two display faces per side.
(7)
Duration: Permanent.
(g)
Window signs.
(1)
Allowed uses: Unrestricted.
(2)
Permit: Not required.
(3)
Maximum height: Not applicable.
(4)
Maximum area: Signs may not cover over 40 percent of the total glass
area of the display frontage.
(5)
Placement: Interior or exterior surfaces of windows and/or glass
doors or inside a structure within five feet of windows or doors.
(6)
Maximum number: Not applicable.
(7)
Duration: Not applicable.
(h)
Murals.
(1)
Alter.
Dilapidated or deteriorated condition.
(A)
(B)
(C)
Mural.
Restore.
For the purposes of this subsection, in addition to the definitions
provided in this article, the following definitions shall apply:
To change in any way or to any extent the appearance, size,
shape, colors, subject, designs, figures, elements or pictures of
a mural.
Where any part of a mural is chipped, flaked, faded, broken,
damaged, defective, missing, torn, bent, dented, cracked, splintered,
twisted, inoperable, leaning or at angles other than those at which
erected;
Where the message or wording is faded or can no longer be clearly
read; or
Where any part of the mural is not in compliance with the requirements
of the building, electrical, property maintenance or other codes or
ordinances adopted by the town.
A painting, design or artistic work applied to an exterior
wall for aesthetic purposes.
To return a mural to its exact original appearance and quality
from a dilapidated or deteriorated condition.
(2)
No person shall apply, install, erect, or restore a mural, as defined
hereinabove, without first having a valid sign permit issued in accordance
with this article. The building official shall, prior to issuing a
permit, obtain a recommendation from the architectural control committee.
(3)
The maximum height, area, number, and duration requirements applicable
to other types of signs shall not apply to murals. The design, location
and placement of a mural must be approved by the building official
after a recommendation by the architectural control committee, prior
to the issuance of a permit. The permit will not be issued until 30
days after final approval by the architectural control committee,
so the town council may have an opportunity to review and intervene
in the issuance of any permit.
(4)
Standards of construction and content.
(A)
Murals shall be composed of permanent materials and applied only
to permanent surfaces. Murals shall not be applied to temporary surface,
and all materials used must be resistant to the short-term effects
of exposure to the elements.
(B)
Removal of a mural must be accomplished by physical removal from
wall of the paint or other material of which the mural is composed,
and/or by covering the mural with paint or other material. In both
cases, either by physical removal or covering, it must be rendered
completely invisible and must maintain the structural and architectural
integrity of the structure upon which the mural was applied.
(5)
Murals may contain subject matter consistent with the theme of a
business but may not contain branded products, brand names, business
names, or logos.
(6)
Other regulations and requirements:
(A)
Maintenance responsibility and standards: At all times during and
after application, murals shall be considered the property of the
owner and/or occupant of the structure to which applied, and said
owner and/or occupant shall be responsible for maintenance and upkeep
of the mural.
(B)
All murals shall be kept in a proper state of repair and preservation.
It is a violation of this section to own, keep or maintain any mural
in a dilapidated or deteriorated condition or to permit or allow a
mural to be kept in such condition.
(C)
If the building official determines a mural to be in dilapidated
or deteriorated condition, the mural shall be restored or removed
by the owner and/or occupant of the structure to which it is applied
within 30 days of notification, unless granted an extension by the
town.
(D)
The building official may cause the removal of any mural that is
not maintained in accordance with the provisions of this section.
A mural which is kept, maintained or allowed to remain in a dilapidated
or deteriorated condition is hereby declared to be a nuisance. Upon
the failure of the owner and/or occupant of the premises on which
the mural is located to repair or remove the mural following 30 days
notice thereof, the town may cause the removal of the mural. The owner
and/or occupant shall pay all expenses incurred by the town incident
to such removal. In the event of the failure of the owner and/or occupant
to remit to the town the expenses incurred in the abatement of the
nuisance, a lien may be placed on and against the property on which
the mural is removed. Such lien shall bear interest at the rate of
ten percent per annum and shall be a first and prior lien, second
only to liens for taxes and paving assessments.
(Ordinance 2014-0421-03 adopted 4/21/14; Ordinance 2014-1117-04 adopted 11/17/14; Ordinance
2015-0518-05, sec. 2, adopted 5/18/15; Ordinance 2015-0518-05, sec. 3, adopted 5/18/15; Ordinance 2016-0320-01, sec. 3, adopted 3/20/16; Ordinance 2017-1218-02, sec. 2, adopted 12/18/17)
(a)
Construction
materials for freestanding business signs and monument signs may include
wood, masonry, architectural concrete, metal, or any combination thereof,
and any other materials approved by the town council. Sign elements
may be carved into, routed, embossed, mounted, or painted or may otherwise
be displayed in any manner approved by the town council.
(b)
All
freestanding business signs and monument signs must have a minimum
landscaped area of six square feet for each horizontal linear foot
of sign face.
(c)
All
commercial signs should consider the “Texas Country” architectural
standards.
(d)
Illumination.
No sign may be illuminated except as follows:
(1)
Signs may be internally or externally illuminated; however, all light
sources must be shielded or directed so as not to create a hazard
for motorists or pedestrians or a nuisance to adjacent residential
areas or properties.
(3)
No illuminated sign or any element thereof may turn on or off, change
brightness, or otherwise:
(Ordinance 2014-0421-03 adopted 4/21/14; Ordinance 2016-0320-01, sec. 4, adopted 3/20/16)
Nonconforming existing signs erected prior to the effective
date of this article, which were not lawful when erected, shall be
removed in accordance with the following:
(1)
Signs
that cost less than two thousand dollars ($2,000.00) to move must
be removed within one hundred and eighty (180) days of the date of
written notice from the building official.
(2)
Signs
which cost more than two thousand dollars ($2,000.00) to move must
be removed within one (1) years of the date of written notice from
the building official.
(3)
All
illegal nonconforming signs must be completely removed prior to obtaining
any new sign permits.
(Ordinance 2014-0421-03 adopted 4/21/14)
Any person aggrieved by any order, determination or decision
of the building official regarding the application, enforcement or
interpretation of any term or provision of this article may appeal
such order, determination or decision to the town council by submitting
a written notice of appeal within twenty (20) days of such order,
determination or decision. The council shall have the power to authorize
upon appeal in specific cases such variances from the terms of this
article as will not be contrary to the public interest, where owing
to special conditions, a literal enforcement of the provisions of
this section will result in unnecessary hardship, and so that the
spirit of this article shall be observed and substantial justice done.
(Ordinance 2014-0421-03 adopted 4/21/14)
Any person, firm, corporation or association violating any of
the provisions of this article shall be deemed guilty of a misdemeanor
and, upon conviction, shall be punished by a fine not to exceed the
sum of five hundred dollars ($500.00), and each and every day such
violation shall continue shall be deemed a separate offense. The town
may also pursue violations of the terms of any of this article by
seeking injunctive relief in a court of proper jurisdiction. The remedies
provided for herein shall be cumulative of any and all other remedies
provided for by law.
(Ordinance 2014-0421-03 adopted 4/21/14)
