This article shall not be construed to require or allow any
act which is prohibited by any other ordinance. This article is specifically
subordinate to any ordinance or regulations of the city pertaining
to building and construction safety or to pedestrian and traffic safety.
(Ordinance 748 adopted 8/28/18)
The purpose of this article is to provide uniform, content neutral
sign standards and regulations in order to ensure public safety and
efficient communication and promote a positive city image reflecting
order, harmony, and pride, thereby strengthening the economic stability
of the city’s business, cultural, historical, and residential
areas, as follows:
(1)
Public safety.
To promote the safety of persons and
property by ensuring that signs do not:
(2)
Efficient communications.
To promote the efficient transfer
of information in sign messages by ensuring:
(A)
Those signs which provide public safety messages and information
are given priority;
(B)
Businesses and services may identify themselves;
(C)
Customers and other persons may locate businesses or services;
(D)
No person or group is arbitrarily denied the use of sight lines from
public rights-of-way for communication purposes;
(E)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore such messages according to the observer’s purpose; and
(F)
The right of free speech exercised through the reasonable use of
signs is preserved.
(3)
Landscape quality and preservation.
To protect the public
welfare and enhance the appearance and economic value of the landscape
by ensuring that signs:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using public rights-of-way;
(C)
Do not create a nuisance to occupants of adjacent and contiguous
property by their brightness, size, height, or movement;
(D)
Are not detrimental to land or property values;
(E)
Do not contribute to visual blight or clutter; and
(F)
Are architecturally compatible and harmonious with the structure
to which they pertain and to neighboring structures.
(Ordinance 748 adopted 8/28/18)
No person may construct, reconstruct, place, install, relocate,
alter, or use a sign after the effective date of this article unless
such installation, construction, reconstruction, placement, relocation,
alteration, or use meets all the provisions of this article and all
other applicable ordinances adopted by the city council.
(Ordinance 748 adopted 8/28/18)
The provisions of this article shall apply within the city limits
and ETJ of the city as defined by state law.
(Ordinance 748 adopted 8/28/18)
Words and phrases used in this article shall have the meanings
set forth in this section. Other words and phrases shall be given
their common ordinary meaning unless the context clearly requires
otherwise. Headings and captions are for reference purposes only and
shall not be used in the interpretation of this article. In the event
of conflicting regulations or definitions thereupon, the stricter
definition or regulation shall apply.
A sign that advertises a product, service, or business no
longer available or in operation or not being maintained for a certain
period of time as hereinafter described in this article.
An A-framed style sign, which is typically but not necessarily
foldable or collapsible and meant to be easily moved.
The entire sign surface within a single contiguous perimeter,
excluding support structures. A sign structure with two faces back
to back, oriented in opposite directions and separated by not more
than three feet, with the same copy on both sides, shall be counted
as a single sign.
In cases where a sign is composed only of letters, figures,
or other characters, the dimensions used to compute the area are the
smallest simple imaginary figure (circle, triangle, rectangle, or
other) which fully contains the sign content.
Provides information such as hours of operation, delivery
instructions, credit cards accepted, restrictions of sale to minors, “no
soliciting,” or “beware of dog.”
Any sign intended to be hung either with or without frames,
possessing colors, characters, letters, illustrations, or ornamentation
applied to paper, plastic, fabric, or netting of any kind, supported
by wire, rope, webbing, or similar means or through the grommets of
the sign.
Includes any light with a beam directed into the atmosphere
or directed at a point which is not on the same property as the light
source, or a light with one or more beams that move.
All commercial signs containing at least two hundred square
feet face area and owned by a person, corporation or other entity
that engages in the business of selling the advertising space on the
sign.
Or part of a sign, on which content can be changed or rearranged
without altering the face or surface of the sign, including but not
limited to a theater marquee or a gasoline price sign.
The City of Jourdanton, Atascosa County, Texas, an incorporated
municipality, and its associated ETJ.
The city manager or person designated by the city manager
to enforce city codes and this article.
Any property such as a shopping center, office park, or industrial
park, which consists of two or more establishments on a single platted
lot, or which is designed, developed, and managed as a unit.
National, state, church, or school flags, or any other flag
that constitutes protected noncommercial free speech. A fabric sheet
attached at one end to a pole, cable, or rope.
Message boards that are electronically controlled by intermittent
light impulses or alternating panels consisting of letters, words,
or numerals that can either change sequentially or travel across the
display area. Other than time and temperature signs, emergency signs,
school zone signs, or other governmental signs.
Any sign not attached to or part of a building. Including,
but not limited to, monument signs and self-supported signs.
The distance from ground level to the bottom of the sign
structure, exclusive of structural supports. The ground level is the
lower of (1) the existing grade prior to construction of the sign,
or (2) the newly established grade after construction, unless the
curb elevation at the street in front of the sign is higher than the
established ground level, in which case the height shall be measured
from curb level.
The distance from ground level to the top of the sign structure.
The ground level is the lower of (1) the existing grade prior to construction
of the sign, or (2) the newly established grade after construction,
unless the curb elevation at the street in front of the sign is higher
than the established ground level, in which case the height shall
be measured from curb level. In the absence of a curb, street elevation
shall be used to determine how tall the sign can be.
A sign that is an integral part of the historical character
of a landmark building, historic district, or that signifies a historically
significant person, place or event in the history of the city or the
county. To be qualifying, the sign must be representative of events
or dates equal to or greater than fifty years in the past and be used
for decorative purposes only.
Any sign illuminated in any manner by an artificial light
source of any kind, either detached from the sign or a part thereof.
Signs that are only incidentally and indirectly illuminated as a result
of a lighting plan primarily designed as security lighting or landscape
lighting are not illuminated signs.
A sign which is mounted on a base at least as wide as the
sign. The opening between the base and the sign must be no greater
than two inches.
A large picture/image (including but not limited to painted
art) which is painted, constructed, or affixed directly onto a vertical
building wall, which may or may not contain text, logos, and/or symbols.
Signs which have been installed prior to the effective date
of this article, are in use as of the effective date of this article,
and which do not conform to this article.
A transportable sign, whether on attached wheels or otherwise,
of durable construction, skids, legs, or framing, including trailers
and searchlights, the principal intent of which is for advertising
or promotional purposes, and which is not designed nor intended to
be permanently affixed to a building, other structure, or the ground.
A portable sign that only has its wheels removed shall be considered
a portable sign.
A metal or plastic frame with or without glass or Plexiglas
and which can be secured or locked (not to exceed three feet in length,
four feet in height, and five inches in depth (3' x 4' x 5")), and
is affixed to the outside of a building, which permits an individual
to insert a paper advertisement into the enclosure for outside display
and regularly change out the paper display. It is the intent of the
city council for such poster size enclosure signs to be similar to
the enclosures typically and traditionally used to display movie posters
outside of movie theaters.
A lot or tract within the city or its ETJ, and contiguous
tracts in the same ownership, which are not divided by any public
highway, street, alley, or right-of-way.
Any property within the city limits which is zoned for residential
use. Any unzoned property within the city limits, or any property
within the city’s ETJ, which is vacant, in any form of agricultural
use, on which a residence is the principal use, and any portion within
200 feet of any such property.
The owner of the property upon which the sign is located,
the lessor of the property, and/or the owner of the sign.
A self-supported wing, feather, blade, cone, or rectangular
shaped flag mounted on a flexible pole.
Any medium for visual communication or its structure used
or intended to attract the attention of the public.
A sign which permits light to be turned on or off intermittently
or which is operated in a way whereby light is turned on or off intermittently,
including any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use, including an LED (light emitting diode) or digital
sign, and which varies in intensity or color. A CEVMS sign does not
include a sign located within the right-of-way that functions as a
traffic-control device and that is described and identified in the
Manual on Uniform Traffic-Control Devices (MUTCD) approved by the
Federal Highway Administrator as the national standard.
The corporate limits of the city and the area of its extraterritorial
jurisdiction as defined by Tex. Loc. Govt. Code section 42.021.
A structure containing a single commercial establishment,
office, business, school, church, nonprofit organization, charity,
or government agency.
A sign tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences, public benches, streetlights,
or other objects, or placed on any public property or in the public
right-of-way or on any private property without the permission of
the property owner.
Signs within a stadium, open-air theater, or arena which
are designed primarily to be viewed by patrons within such structure
or complex.
A banner suspended above a right-of-way.
Not permanent; signs meant to be exhibited on a limited basis
as outlined in this article.
A permanent or temporary sign affixed to a trailer. The primary
purpose of said display is to attract the attention of the public
to the subject matter advertised on the sign rather than to serve
the customary identification purpose of said trailer.
Written approval to depart from the strict application of
the provisions of this article.
Signs or displays including lighting which are a nonpermanent
installation celebrating national, state, and local holidays, religious
or cultural holidays, or other holiday seasons.
A permanent or temporary sign affixed to a vehicle. The primary
purpose of said display is to attract the attention of the public
to the subject matter advertised on the sign rather than to serve
the customary identification purpose of said vehicle.
A sign attached to and extending not more than twelve (12)
inches from the wall of a building. This definition included painted,
individual letters, and cabinet signs.
(Ordinance 748 adopted 8/28/18)
(a)
Generally.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations.
(b)
Criminal prosecution; penalty.
Any person violating
any provision of this article shall, upon conviction, be fined a sum
not exceeding $500.00, except that the fine for a violation that relates
to fire safety, zoning, or public health and sanitation may not exceed
$2,000.00. Each day that a provision of this article is violated shall
constitute a separate offense. An offense under this article is a
class C misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to $250.00 a day, except that a fine for a violation
that relates to fire safety, zoning, or public health and sanitation
may not exceed $1,000.00, when it is shown that the defendant was
actually notified of the provisions of this article and after receiving
notice committed acts in violation of this article or failed to take
action necessary for compliance with this article; and
(3)
Any and all other available relief allowed by law.
(d)
Removal of sign.
(1)
In addition to remedies otherwise provided in this article, whenever
the city has evidence of a sign which after the effective date of
this article was constructed, reconstructed, placed, installed, repaired,
maintained, relocated, altered, or used in violation hereof, or is
otherwise in violation hereof, the city council or the code enforcement
officer shall require the party responsible for such sign to remove
it. If the responsible party fails to remove the sign within 72 hours
after being notified to do so or if it appears to the city council
or the code enforcement officer that the sign poses an immediate danger
to the public, then such sign may be removed by the city and the city’s
actual cost of removal shall be charged to the responsible party.
Any sign so removed shall be impounded and shall not be returned to
the party responsible until all applicable charges are paid. If any
sign remains unclaimed for a period of more than thirty (30) days,
the city may destroy, sell, or otherwise dispose of the sign.
(2)
The city shall have the authority to immediately remove and dispose
of signs deemed in violation of this article, if such signs are placed
on or attached to trees, utility poles, or pedestals, or located on
any public land or public right-of-way. The city may enforce this
section without notice and without returning the removed signs to
the responsible party.
(Ordinance 748 adopted 8/28/18)
(a)
Application; fee.
(1)
Any person, business, or other organization desiring to continue to construct, reconstruct, place, install, relocate, alter, or use any sign which does not conform to the provisions of this article may make application to the board of adjustment for a variance to the provisions of this article. The application will be reviewed at the next regularly scheduled board of adjustment meeting. The application shall be filed with the code enforcement officer, accompanied by the appropriate fee established by city council, and conform to all requirements established in section 3.08.009 of this article relating to sign permit applications.
(b)
Request for variance after permit denial.
Within ten
(10) days after denial of a sign permit by the code enforcement officer
or the city council, an applicant may file a written request for a
variance with the board of adjustment.
(c)
Time limit for action by board.
Unless an extension
or postponement is sought by the applicant, the board of adjustment
must consider and take action on the written request for a variance
within forty-five (45) days of receipt of an administratively complete
variance request.
(d)
Standards for approval.
The city may approve a variance
only if it makes affirmative findings, reflected in the minutes of
the city council’s proceedings, as to all of the following:
(1)
The variance will not authorize a type of sign which is specifically
prohibited by this article;
(2)
The variance is not contrary to the goals and objectives outlined
by the city;
(3)
The variance is not contrary to the public interest;
(4)
Due to special conditions applying to the land, buildings, topography,
vegetation, sign structures, or other unique matters on adjacent lots
or within the adjacent right-of-way, a literal enforcement of this
article would result in unnecessary hardship. Ordinarily, hardship
that is self-induced or that is common to other similarly classified
properties will not satisfy this requirement. Financial or economic
hardship alone will not ordinarily satisfy this requirement;
(5)
The spirit and purpose of this article will be observed and substantial
justice will be done; and
(6)
The applicant has not sought a variance from the board of adjustment
within the past twelve (12) months.
(e)
Conditions.
The board of adjustment may impose such
conditions or requirements in a variance as are necessary in the board’s
judgment to achieve the fundamental purposes of this article. A violation
of such conditions or requirements shall constitute a violation of
this article. A variance, if granted, shall be for a specific event,
use, or other application of a business and shall not continue with
the property. If a variance is granted and the sign so authorized
is not substantially under construction within three (3) months of
the date of approval of the variance, the variance shall lapse and
become of no force or effect.
(Ordinance 748 adopted 8/28/18)
The following are exempt from regulation under this article:
(1)
Any
sign attached to a window or door of a building.
(2)
Commemorative
plaques and historical markers mounted on the face of a building or
erected on a site as a freestanding monument sign when placed or approved
by a governmental entity, historical society, religious organization,
or other nonprofit entity to commemorate a person, event, or other
matter of historical interest.
(3)
Any
sign installed or required to be installed by any governmental entity
or public utility to give information, directions, or warnings to
the general public, regardless of the sign’s location on public
or private property.
(4)
Vintage
or historic signs.
(5)
Signs
within a stadium, open-air theater, or arena which are designed primarily
to be viewed by patrons within such structure or complex.
(6)
Seasonal
decorations.
(Ordinance 748 adopted 8/28/18)
(a)
Permit required; fee.
(1)
Except as otherwise provided in this article, no person may construct,
reconstruct, place, install, or relocate any sign without first obtaining
a sign permit from the city. Changing of the complete sign message,
alterations to the sign, or major repairs (replacement of more than
twenty (20) percent of the original sign) shall not be considered
normal maintenance and will require a permit. Each application for
a sign permit must be accompanied by the appropriate fee established
by the city.
(2)
The permit fee for signs shall be as established in appendix A to this code and shall not be refundable.
(3)
The permit fee for subdivision temporary signs, inflatable temporary signs, banners, temporary signs or new business temporary signs shall be as established in appendix A to this code and shall not be refundable.
(4)
No permit will be issued for a proposed sign that will cause the
aggregate of all signs on the property to exceed the square footage
allowed for in this article.
(b)
Expiration.
Properly issued permits shall expire as
provided by law.
(c)
Application.
(1)
A person proposing to erect or display a sign shall file an application
for permit with the city secretary. The application must be made on
a form provided by the city and shall contain and have attached to
it the following information:
(A)
Name, address and telephone number of the applicant;
(B)
Name, address, telephone number, and firm of the person erecting
the sign;
(C)
If the applicant is not the owner of real property where the sign
is proposed to be erected, written consent of and name, address, and
telephone number of the property owner and a copy of the executed
lease agreement;
(D)
Location of the building, structure, address, or legal lot and block
to which or upon which the sign is to be attached or erected;
(E)
A site plan indicating position, height, and size of the proposed
sign and other existing advertising structures on the property in
relation to nearby buildings or structures, north arrow and scale
of drawing, property lines, curblines, adjacent streets, alleys, curb
cuts, and setback clearance zone;
(F)
Specifications for the construction and display of the sign;
(G)
Copy of stress diagrams or plans, when needed, containing information
as to safety and structural integrity of the sign. The city assumes
no liability for safety and structural integrity of any sign;
(H)
Statement indicating whether the sign will require electricity. If
so, the sign must comply with the International Electrical Code or
any successor code as may be adopted and amended by the city;
(I)
Copy of the permit approved by the state department of transportation,
the state transportation commission, the county or successor agencies,
if state law requires a state permit;
(J)
Date on which the sign is to be erected or displayed;
(K)
Any variance or special use permit that will be requested; and
(L)
Such other information as the city requests to show full compliance
with this article and all other standards of the city.
(2)
The city is not required to act upon a permit application until it
is deemed by the city to be administratively complete.
(d)
Approval or denial; appeals.
(1)
The code enforcement officer shall promptly review an administratively
complete application upon receipt and upon payment of applicable fees
by the applicant. The code enforcement officer shall grant or deny
an administratively complete permit application within forty-five
(45) days after the date that the application was administratively
complete, including the payment of all fees. The code enforcement
officer shall examine the application, plans, and specifications and
may inspect the premises upon which the proposed sign shall be erected,
as needed. The code enforcement officer shall issue a permit if the
proposed sign complies with the requirements of this article and all
other regulations of the city, to include building, electrical, or
other similar codes adopted by the city. If the code enforcement officer
denies a permit, the code enforcement officer shall state the reasons
for the denial in writing and shall mail a certified letter or hand
deliver to the applicant stating the reasons for the denial.
(2)
Any applicant whose permit application is denied by the code enforcement
officer may appeal the denial to the board of adjustment. Such an
appeal must be filed, in writing, with the city secretary, within
ten (10) days after receipt of the denial. The board shall review
the denial and determine if the code enforcement officer incorrectly
concluded the proposed sign did not comply with the requirements of
this article and all other regulations of the city. If the code enforcement
officer fails to grant or deny any application by the forty-fifth
day after the application is administratively complete, the applicant
may appeal the refusal to grant or deny the application to the board
of adjustment as if it were a denial.
(3)
If the board of adjustment does not issue a ruling within thirty
(30) days after a written appeal is filed with the city secretary,
the sign application shall be automatically deemed denied.
(e)
Modifications.
After a sign permit has been issued by
the code enforcement officer or at the direction of the board of adjustment,
it shall be unlawful to change, modify, alter or otherwise deviate
from the terms and conditions of the permit without prior written
approval by the code enforcement officer or the board.
(Ordinance 748 adopted 8/28/18)
The following are exempt from the requirement to obtain a permit,
provided that they comply with all other provisions of this article
and other ordinances of the city. Signs shall be allowed without a
permit as follows:
(1)
General provisions.
Temporary residential signs are
exempt from the requirement to obtain a permit, provided that they
comply with all other provisions of this and other ordinances of the
city. Signs shall be allowed without a permit as follows:
(Ordinance 748 adopted 8/28/18)
(a)
Inventory of signs.
The city shall require an inventory
of all signs within the city limits and ETJ. Signs constructed prior
to the effective date of this article shall file an inventory form
no later than October 25, 2008. Signs which are constructed after
October 25, 2008, must file an inventory form with the city secretary
within fifteen (15) days after such sign is fully constructed. As
part of the required inventory, each responsible party of the sign(s)
shall complete and file the required form with the city secretary,
as to the size, type, condition, and location of sign(s), regardless
if the sign(s) are in compliance with this article or any prior ordinances
of the city. The responsible party of a sign shall provide the following
information on the inventory form: name, address, and telephone number
of the responsible party; location and street address of the building
or structure upon which the sign is located or other information necessary
to positively identify the location of the sign; specification of
the overall height and length of the sign, the material of which the
sign is constructed, and the position of the sign on the building
or on the ground; color photograph or sketch graphically depicting
the sign and the location at which or building for which it is displayed;
and the date on which the sign was erected and cost of construction
of the sign.
(b)
Identification of signs.
All signs shall have the sign
permit number affixed.
(c)
Historic signs.
Historic signs existing prior to the
effective date of this article that are part of the unique architectural,
historic, or scenic characteristics of the building, that enhance
its visual character, and that are compatible with the building shall
be allowed to remain in place after the effective date of this article.
(d)
Prohibited locations and other restrictions.
This section shall apply to all signs located within the city limits or the city’s ETJ, with the exception of those referenced in section 3.08.008. No sign or part of a sign shall:
(1)
Be placed on or attached to any utility pole or pedestal, except
by a utility company owning the pole or pedestal or operating facilities
mounted on the pole or pedestal;
(2)
Be placed upon real property without the consent of the property
owner;
(3)
Be located in, on, or over any right-of-way, except for directional
or informational signs erected by government agencies. Any such sign,
other than in informational signs erected by government agencies,
shall constitute a nuisance;
(4)
Be located so that it blocks vehicle or pedestrian views and/or safe
sight distances at any intersection, curve, or corner. This includes
signs located on private property. Any such sign shall constitute
a nuisance;
(5)
Imitate or resemble an official traffic-control device or railroad
sign or signal, attempt to direct the movement of traffic, or hide
from view or hinder the effectiveness of an official traffic-control
device or railroad sign or signal. Any such sign shall constitute
a nuisance;
(6)
Be placed closer than ten (10) feet to the edge of a road surface.
Exception: Monument signs that are placed in the center of a divided
roadway as an island;
(7)
Have unreasonably bright flashing lights or other distracting features.
This does not include signs with slowly changing messages such as
time or temperature;
(8)
Be located so that it is on, or in any way obstructs, any sidewalk,
walkway, or pathway used by the public for normal pedestrian access.
Any such sign shall constitute a nuisance; or
(9)
Be located closer than 10 feet to any power line. Any such sign shall
constitute a nuisance.
(e)
Required signage.
The following signs are an important component of measures necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property and are therefore authorized under section 3.08.015 in every district and do not count against a property’s maximum signage square footage:
(1)
Traffic-control devices on private or public property and directional
signs, including but not limited to, signs depicting one-way traffic,
entrances, and exits, which are not greater than ten (10) square feet
per sign that are erected and maintained to comply with the manual
on uniform traffic-control devices adopted in this state.
(2)
Each property owner must mark their property using numerals that
identify the address of the property so that public safety departments
can easily identify the address from the public street. Where required
under this code or other law the identification must be on the curb
and may be on the principal building on the property. The size and
location of the identifying numerals and letters if any must be proportional
to the size of the building and the distance from the street to the
building and in no case larger than three square feet. In cases where
the building is not located within view of the public street, the
identifier must be located on the mailbox or other suitable device
such that it is visible from the street.
(3)
Where a federal, state or local law requires a property owner to
post a sign on the owner’s property to warn of a danger or to
prohibit access to the property either generally or specifically,
the owner must comply with the federal, state or local law to exercise
that authority by posting a sign on the property.
(f)
Flags.
A flag that has been adopted by the federal government,
state or a local government or school district may be displayed as
provided under the law that adopts or regulates its use and as follows:
(1)
Residential zoning districts.
In a residential zoning
district, two (2) flags and one (1) flag pole per premises. Each flag
must be a maximum of fifteen (15) square feet in area. The flag pole
may be a maximum of twenty-five (25) feet in height or no higher than
the highest point of the principal building’s roof, whichever
is lower. Flag poles must meet the minimum yard setback requirements
for a principal building or a minimum of ten feet, whichever is more
restrictive.
(2)
Nonresidential zoning districts.
In a nonresidential
zoning district, one (1) flag per twenty-five (25) feet of frontage
on a right-of-way up to a maximum of six (6) flags and six (6) flag
poles per premises. Each flag may be a maximum of twenty-four (24)
square feet in area. Flag poles may be a maximum of fifty (50) feet
in height but no higher than the highest point of the nearest principal
building’s roof on the premises. Flag poles must meet the minimum
yard setback requirements for a principal building or a minimum of
ten feet, whichever is more restrictive.
(g)
Lessor rights.
For purposes of this chapter, the lessor
of a property is considered the property owner as to the property
the lessor holds a right to use exclusive of others (or the sole right
to occupy). If there are multiple lessors of a property then each
lessor must have the same rights and duties as the property owner
as to the property the lessor leases and has the sole right to occupy
and the size of the property must be deemed to be the property that
the lessor has the sole right to occupy under the lease.
(Ordinance 748 adopted 8/28/18)
When determining whether to issue a permit, the following regulations
apply:
(1)
Signs on property in other than residential areas.
(A)
Single commercial building.
(i)
Signs on the facade and each side of a building shall not exceed
forty-eight (48) square feet, unless they are certified by a state
registered professional engineer as being able to withstand a wind
pressure load of at least thirty (30) pounds per square foot and support
the weight of the sign.
(ii)
One freestanding sign per premises may be permitted that does
not exceed fifty (50) square feet in area. The maximum height of such
a sign shall not exceed twenty-five (25) feet. If the commercial establishment
borders two (2) or more streets then an additional freestanding sign
will be permitted on the secondary street.
(iii)
One additional freestanding sign not to exceed fifty (50) square
feet in area may be permitted for premises with frontages of one hundred
and forty (140) feet or more.
(iv)
A premises that displays a monument sign may increase its size
to one hundred (100) square feet.
(v)
A maximum of two poster size enclosure signs may be permitted on
a single commercial building.
(vi)
Additional signs may be installed if a commercial establishment
chooses to reduce the square footage of the other onsite signage so
that the total onsite square foot area of all signage does not exceed
that authorized by this section.
(B)
Commercial complex.
(i)
Signs on the facade or on the side of a building identifying the
complex may not exceed forty-eight (48) square feet, unless they are
certified by a state registered professional engineer as being able
to withstand a wind pressure load of at least thirty (30) pounds per
square foot and support the weight of the sign.
(ii)
Signs on the facade or on the side of a building identifying
a business within a commercial complex may not exceed forty-eight
(48) square feet.
(iii)
One freestanding sign per premises may be permitted that does
not exceed one hundred twenty-eight (128) square feet in area. The
maximum height of such a sign shall not exceed twenty-five (25) feet.
If the commercial establishment borders two (2) or more streets then
an additional freestanding sign will be permitted on the secondary
street.
(iv)
If the structure of a freestanding sign contains or supports
more than one (1) sign, then each sign shall be of the same construction.
(v)
One additional freestanding sign not to exceed seventy-five (75)
square feet in area may be permitted for premises with frontages of
one hundred and forty (140) feet or more.
(vi)
A premises that displays a monument sign may increase its size
to one hundred fifty (150) square feet.
(C)
Temporary inflatable signs.
Business-related inflatable
signs with a volume no greater than twenty-seven (27) cubic feet may
be permitted but may not be displayed for more than fourteen (14)
days in succession and must be removed no more than three (3) days
following any event to which they relate.
(D)
Temporary banner signs.
(i)
Banners must be kept in good repair throughout the time of their
display;
(ii)
No more than one banner may be displayed at any one time at
an establishment;
(iii)
Banners may not exceed eighteen (18) square feet in area;
(iv)
Banners may not be displayed for more than fourteen (14) days
in succession and must be removed no more than three (3) days following
any event to which they relate. Such banners may not be placed on
any site more than two (2) times within a twelve (12) month period;
(v)
On-premises banners that announce the location or relocation of newly
located or relocated businesses are permitted. The banner may be exhibited
during a period of no more than forty-five (45) days commencing at
the time that the temporary banner permit is issued. Such banners
may not exceed eighteen (18) square feet in area; and
(vi)
Banners for commercial purposes may not face a residential area.
(E)
New business temporary signs.
Temporary signs constructed
of wood, metal, or other solid material type announcing the locating
or relocating of a newly located or relocated business are permitted.
The sign shall not exceed forty-eight (48) square feet in area nor
be more than eight (8) feet high. The sign shall not be illuminated
or have any moving elements. The sign shall be exhibited during a
period of no more than twelve (12) months commencing at the time the
temporary sign permit is issued. The sign must be removed within 3
days upon the installation of the permanent sign.
(F)
Sail, teardrop, feather or bow banner signs.
(i)
Height and width restrictions.
A sail, teardrop, feather,
or bow banner shall have a maximum height of 13.5 feet, and a maximum
width (at its widest point) of three feet.
(ii)
Number.
Two sail, teardrop, feather, or bow banners
are allowed per legal business for a single-tenant property. For a
multi-tenant property, two sail, teardrop, feather, or bow banners
are allowed at any given time. Tenants in multi-tenant property shall
be required to obtain the signature of the building’s owner
as a joint applicant.
(iii)
Spacing requirements.
Sail, teardrop, feather,
or bow banners placed along contiguous streets frontage must be spaced
a minimum of 30 feet apart.
(iv)
Sign placement plan.
A sign placement plan indicating
sail, teardrop, feather, or bow banner locations on the property shall
be submitted with each permit application.
(v)
Setback.
Sail, teardrop, feather, or bow banners shall
have a minimum setback of five feet from the property line.
(vi)
Appearance.
Sail, teardrop, feather, or bow banners
must be kept in good repair throughout the time of their display.
(vii)
Hours of display.
Sail, teardrop, feather, or
bow banners shall be placed out-of-doors during business hours for
display and returned indoors during off hours.
(G)
Sign, changeable electronic variable message (CEVMS).
(i)
One (1) CEVMS is permitted per site or multi-tenant complex and shall
only be allowed as part of a permanent freestanding or wall sign.
(ii)
The CEVMS portion of a freestanding sign may be no higher than
twelve (12) feet above existing ground level.
(iii)
The CEVMS portion of a sign may not exceed twenty-four (24)
square feet in area.
(iv)
CEVMS must be set at least ten (10) feet from all property lines.
(v)
CEVMS portion of a sign will have its area calculated at a rate two
(2) times that of other signs.
(vi)
No temporary sign is allowed on a site or multi-tenant complex
if a CEVMS is utilized that is capable of displaying more than twelve
(12) characters at one time or more than five (5) characters in a
row. Double-faced electronic changeable copy signs shall be allowed
up to twelve characters on each sign face.
(vii)
CEVMS must be permanently mounted to the ground or a structure.
(viii)
To be permitted under this section, a CEVMS must meet the following
standards:
a.
The sign may not be illuminated by a flashing light or a light
that varies in intensity.
b.
The sign may not have a display surface that creates the appearance
of movement.
c.
The sign must not operate at an intensity level of more than
0.3 footcandles over ambient light as measured at a distance of 150
feet.
d.
The sign must be equipped with a light sensor that automatically
adjusts the intensity of the sign according to the amount of ambient
light.
e.
The sign must be designed to either freeze the display in one
static position, display a full black screen or turn off in the event
of a malfunction.
f.
The change from one message to another message may not be more
frequent than once every thirty seconds and the actual change process
must be accomplished in two seconds or less.
(H)
Murals.
(i)
A permit must be obtained for a mural, and the application must include
a detailed rendering of the proposed mural including content, colors,
and type of paint/material, and a plan for maintenance after completion.
(ii)
A mural must be compatible with the architectural and aesthetic
components of the building, not detract from the character of the
district in which it is located, and not be detrimental to the public
health, safety, and welfare.
(Ordinance 748 adopted 8/28/18)
The following signs are prohibited within the city or its ETJ:
(1)
Abandoned/obsolete
signs.
(A)
A sign that advertises a product, service, or business no longer
available or in operation or not being maintained for a period of
one (1) year after the cessation of a product, service, or business
at said location (or, in the case of leased premises, two (2) years
after the most recent tenant ceases to operate on the premises) shall
be presumed abandoned.
(B)
If a sign is determined to be abandoned and/or obsolete under this
article by the code enforcement officer, sign(s) shall be removed
by the owner/lessor of the property. The city may agree with the owner/lessor
of the sign(s) or sign structure to remove only a portion of the sign(s)
or sign structure.
(2)
Beacons.
(3)
Billboards.
(4)
Flashing
signs.
(5)
Portable
changeable copy signs.
(6)
Satellite
dishes. Any type of satellite dish whose primary use is for advertising,
rather than to serve the customary purpose.
(7)
Trailer
signs.
(8)
Vehicular
signs. When the vehicle is used with the intent to substitute a stationary
sign instead of to be used as vehicle or when a sign is erected in
the bed of a truck or on the roof of a vehicle and intended to advertise
a business, person, or event. Vehicle signs which are either painted
onto the body of the vehicle for advertising purposes or are affixed
to the vehicle by magnetic means for advertising purposes are permitted.
(9)
Snipe
signs.
(10)
Obscene or pornographic signs that exhibit statements, words, or
pictures as determined by the city council in applying city community
standards. As used herein, city community standards means: whether
to the average person, applying contemporary community standards,
the dominant theme of the material, taken as a whole, appeals to the
prurient interest.
(11)
Other signs.
(A)
Painted on any roof surface or installed so that it faces contiguous
residential property;
(B)
That are placed upon a building or structure in a manner which would
disfigure, damage, or conceal any significant architectural feature
or detail of the building;
(C)
That are brighter than necessary to permit the sign to be read from
a reasonable distance. No sign shall be illuminated to such intensity
or in such a manner as to cause glare or brightness to a degree that
it constitutes a traffic hazard;
(D)
That are hung with less than 7-1/2 feet of vertical clearance above
the sidewalk, or less than eighteen (18) feet of vertical clearance
above the street, drive, or parking area (this applies to any part
of a sign, including mounting fixtures and supporting structures,
which is mounted above or projects over any sidewalk, street, drive,
or parking area, whether on public or private land);
(E)
Any other signs not specifically authorized under this article.
(Ordinance 748 adopted 8/28/18)
(a)
Sign maintenance.
All signs must be maintained in a
structurally safe condition and in good repair at all times. No permit
shall be required for the normal maintenance of any existing sign
or repainting of the original sign message, provided that the area
of the sign is not enlarged, the height of the sign is not increased,
the location of the sign is not changed, and the content of the sign
does not materially change. Changing of the complete sign message,
alterations to the sign, or major repairs (replacement of more than
twenty (20) percent of the sign to the original condition) shall not
be considered normal maintenance and will require a permit. All signs
shall be kept neatly painted or otherwise maintained, including all
metal parts and supports thereof that are not galvanized or of rust-resistant
material. The code enforcement officer shall inspect and have authority
to order the painting, repair, alteration, or removal of a sign that
constitutes a nuisance or a hazard to safety, health, or public welfare
by reason of inadequate maintenance, dilapidation, or obsolescence.
Changing of the sign message (limited to signs originally designed
with removable letters) is limited to changing messages without changing
the sign or its components and is considered to be normal maintenance.
(b)
Maintenance of area around sign.
The area around the
sign shall be kept clean at all times by cutting vegetation around
the sign and the supporting structure.
(c)
Nuisances.
(1)
A sign shall constitute a nuisance if it causes injury or threatens
to injure the public health, peace, or comfort or is a nuisance per
se under the law and is declared to be a nuisance by the code enforcement
officer pursuant to this article. The code enforcement officer shall
notify, by certified mail or hand delivery, the responsible party
of any sign that constitutes a nuisance in order to allow the responsible
party the opportunity to cure such nuisance. The responsible party
shall cure such nuisance by repair or remove the sign or may seek
an appeal of the nuisance determination to the city council within
ten (10) days of receipt of the notice. Any appeal must be filed,
in writing, and received by the city secretary no later than the tenth
(10th) day after receipt of the notice of nuisance.
(2)
If the responsible party chooses not to take the instructed action
or institute an appeal, the city may remove the sign, to the extent
necessary to abate the nuisance. The city may charge to the responsible
party all costs associated with the sign’s removal.
(3)
The city may not remove any sign declared to be a nuisance if an
appeal of the nuisance determination is pending. If the city council
does not issue a ruling within thirty (30) days after a written appeal
is filed with the city secretary, the code enforcement officer’s
determination of a nuisance shall be deemed affirmed. Any determination
that a sign does not constitute a nuisance does not prejudice the
city, foreclose or prevent a later determination a sign is a nuisance.
(d)
Imminent hazards.
Any sign which in the judgment of
the city council or the code enforcement officer has become an imminent
hazard to public health and safety shall be removed by the responsible
party without delay. Notice of the existence of the hazard shall specify
the maximum time which may be allowed for repairs or removal and the
notice may be served upon the responsible party by any means available.
A sign which constitutes an imminent hazard and is not repaired or
removed within the time specified in the notice may be removed by
the city. The city may charge to the responsible party all costs associated
with the sign’s removal.
(e)
Removal and impound fees; disposal of impounded signs.
The cost of removal and an impound fee as established in appendix A to this code for the storage of any removed sign shall be charged to the responsible party. If a sign has been removed by the city and the sign remains unclaimed for a period of thirty (30) days, the city may destroy, sell, or otherwise dispose of the sign.
(Ordinance 748 adopted 8/28/18)
(a)
Transfer to new owner or other location.
Nonconforming
signs are not transferable to a new owner and may not be transferred
to another location within the city municipal limits or ETJ without
such signs first being brought into full compliance with all requirements
of this article, including obtaining a properly authorized permit.
(b)
Removal of destroyed or deteriorated signs.
A nonconforming
sign shall be considered destroyed if the cost of repairing the sign,
after a part of it has been destroyed or deteriorated, is more than
60 percent of the cost of erecting a new sign of the same type at
the same location. It shall be the responsibility of the responsible
party to supply the city with a quote from a reputable sign company
that shows the replacement value and the cost to restore the sign
to full compliance upon request by the city council or the code enforcement
officer within fifteen (15) days of said request. If the sign is determined
to be destroyed by the city council or the code enforcement officer,
it must be removed by the responsible party without compensation by
the city within ten (10) days of the determination. A replacement
sign must fully comply with this article and shall require a permit
to be obtained from the city at the set fee.
(c)
Continuation of use.
All nonconforming signs existing prior to the effective date of this article and that have filed the required inventory form shall be allowed to remain in place without the requirement of a permit provided that they otherwise comply with the twenty (20) percent repair standard, this section 3.08.015 (nonconforming signs), and with:
(d)
Temporary signs.
Nonconforming signs existing prior
to the effective date of this article that are of a type that are
limited to a specified time period for use in this article must abide
by those specified time periods beginning with the effective date
of this article.
(Ordinance 748 adopted 8/28/18)
(a)
Creation of board; membership.
(1)
The municipal board of sign control may be created by a majority
vote of a quorum of the city council pursuant to Texas Local Government
Code section 216.004.
(2)
The municipal board of sign control, if created, shall be composed
of five persons appointed by the mayor.
(3)
The municipal board of sign control shall include persons with the
following qualifications:
(A)
Two real estate appraisers registered with the Society of Real Estate
Appraisers or the American Institute of Real Estate Appraisers;
(B)
One person engaged in the sign business in the city;
(C)
One employee of the state department of transportation who is familiar
with real estate valuations in eminent domain proceedings; and
(D)
One architect or landscape architect licensed by the state.
(4)
Members serve for a term of two (2) years.
(5)
After a member’s term expires, the member shall serve until
reappointed or replaced by the council.
(6)
A member may not receive compensation or reimbursement of expenses
for service on the municipal board of sign control.
(7)
The municipal board of sign control may be disbanded at any time
by a majority vote of a quorum of the city council.
(b)
Powers and duties.
The municipal board of sign control may exercise the powers granted under subsection (d) below (determination of compensation).
(c)
Required removal of certain signs.
The responsible party
of a lawfully installed sign type identified by the city council as
a sign type desired to be removed from the municipal limits and ETJ
of the city shall remove the sign if compensation is available and
notice is given in accordance with this article.
(d)
Determination of compensation.
(1)
The municipal board of sign control shall determine the amount of
compensation that the responsible party is entitled to be paid by
the city.
(2)
The municipal board of sign control may make a determination under
subsection only after a public hearing at which the sign’s responsible
party has an opportunity to be heard.
(3)
Notice of the public hearing shall be given to the sign’s responsible
party, in writing, no later than ten (10) days prior to such public
hearing.
(4)
The municipal board of sign control may establish rules, procedures,
and guidelines consistent with this article and applicable law to
exercise its powers under this section.
(e)
Approval of compensation by council; notice; removal deadline.
(1)
After the municipal board of sign control has determined the amount
of compensation to which a sign owner is entitled, the city council
may approve payment of the compensation by a method authorized by
Local Government Code chapter 216 (Regulation of Signs by Municipalities).
(2)
If the requirements of subsection (1) are satisfied, the city shall notify the responsible party that the compensation is available and will be paid on removal of the sign.
(3)
With the consent of the responsible party, the city and the responsible
party may enter into a written agreement, in lieu of cash payments
authorized for compensation, to allow a billboard or portable sign
to remain in place for a reasonable amortization period which will
allow a responsible party to recoup the compensation authorized by
the city council.
(Ordinance 748 adopted 8/28/18)
