(a)
The city, by and through its city council, planning and zoning commission,
and board of adjustment is authorized to regulate signs by virtue
of the Texas Constitution, the city police department, and Texas Local
Government Code chapters 211 and 216.
(b)
The purpose of this article is to establish a content neutral sign
code based on the United States Supreme Court decision of Reed v.
Town of Gilbert.
(Ordinance 1247 adopted 3/6/18)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. 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. Except for sail, teardrop, feather or bow banner, which
are defined as “sail banner.”
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 off-premises signs containing at least 48 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.
The city manager or designee.
A 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 Brady, McCulloch County, Texas, an incorporated
municipality.
The individual selected to carry out a duty or role by the
city manager to enforce and administer this article.
The code enforcement officer or designee.
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, or are
the members of a commercial association which contributes to the joint
maintenance and promotional efforts of the center.
A sign, display or device that exhibits its message, words,
letters, numbers, images, symbols, or copy by programmable mechanical
or electronic process including, but not limited to LED electronic
signs and both static and moveable electronic displays.
A national, state, church, school flags, or any other flag
that constitutes protected noncommercial free speech. A fabric or
plastic sheet attached at one end to a pole, cable, or rope.
A message board that is 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, pole 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:
The distance from ground level to the top of the sign structure.
The ground level is the lower of:
A sign that is an integral part of the historical character
of a landmark building or historic district.
A temporary display or decoration customarily associated
with any national, state, local, or religious holiday or celebration.
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.
Any sign or part of a sign which is animated or moves.
Signs which have been installed prior to the effective date
of the ordinance from which this article is derived are in use as
of the effective date of the ordinance from which this article is
derived, and which do not conform to this article.
A self-supporting freestanding sign that must adhere to the
requirements of construction using durable building materials utilizing
but not limited to masonry, stucco, painted pipe, aluminum clad piping
or other complimentary materials. Signs larger than 48 square feet
in size must be certified by a Texas Licensed Professional Engineer
as being able to withstand a wind pressure load of at least 30 pounds
per square foot and support the weight of the sign.
A transportable sign whether on attached wheels or otherwise,
of durable construction, skids, legs, or framing, including trailers
or truck beds, and searchlights, 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 wheels 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), 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, 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, 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 sign placed on the roof of a building.
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 structure containing a single commercial establishment,
office, business, school, church, nonprofit organization, charity,
or government agency.
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, stakes,
fences, along road-side curbing or other objects, and the advertising
matter appearing thereon is not applicable to the use of the premises
upon which such sign is located.
A banner suspended above a right-of-way.
Any sign, handbill, or poster which is placed to advertise
or announce a specific event, or which pertains to a particular event
or occurrence, or which is not designed or intended to be placed permanently.
Signs shall be removed promptly upon the conclusion of any such sale,
event, occurrence or activity. Includes real estate signs.
A permanent or temporary sign affixed to a trailer. The primary
purpose of the display is to attract the attention of the public to
the subject matter of the sign rather than to serve the customary
identification purpose of said trailer/semi-trailer/tractor trailer.
Written approval as outlined in section 14.03.015 to depart from the strict application of the provisions of this article.
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 that is representative of events or dates from a period
older than 50 years and is for decorative purposes only.
A sign painted directly on the exterior wall of a building
to include murals.
(Ordinance 1247 adopted 3/6/18)
The purpose of this article is to provide uniform sign standards
and regulations in order to ensure public safety, 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 1247 adopted 3/6/18)
(a)
Civil and criminal penalties.
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.
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.
In addition to remedies otherwise provided
in this article, whenever the city has evidence of a sign which after
the effective date of the ordinance from which this article is derived
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 city designee 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 city designee
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 30 days, the city may destroy, sell, or otherwise
dispose of the sign. 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 1247 adopted 3/6/18)
No person may construct, reconstruct, place, install, relocate,
alter, or use a sign after the effective date of the ordinance from
which this article is derived unless such installation, construction,
reconstruction, placement, relocation, alteration, or use meets all
the provisions of this and all other applicable ordinances adopted
by the city council.
(Ordinance 1247 adopted 3/6/18)
The provisions of this article shall apply within the city limits
as defined by state law.
(Ordinance 1247 adopted 3/6/18)
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)
Holiday signs.
(6)
Banners that span a state roadway that have been approved and granted
a permit by the state department of transportation.
(7)
Signs within a stadium, open-air theater, or arena which are designed
primarily to be viewed by patrons within such structure.
(Ordinance 1247 adopted 3/6/18)
(a)
Permit and fee required.
Except as otherwise provided
in this article, no person may construct, place, install or relocate
any sign without first obtaining a sign permit from the city. Each
application for a sign permit must be accompanied by the appropriate
fee as currently established or as hereafter adopted by ordinance
of the city council from time to time.
(1)
Fees for construction, reconstruction, placement, installation, or
relocation of any sign shall not be refundable.
(2)
Permit fees for subdivision temporary signs, inflatable temporary
signs, banner temporary signs, or new business temporary signs shall
not be refundable.
(3)
A permit but no fee, is required for replacing a previously permitted
sign (excluding billboards) with another sign that is of like size,
location, and that is otherwise compliant with this article.
(4)
A permitted billboard shall renew the billboard permit annually.
The annual fee is due by October 1 of each year. No fee will be assessed
for routine changes of the sign face.
(5)
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
provided for in this article.
(6)
Changing of the complete sign message (excluding changeable copy
signs and billboards) shall require a new permit and remittance of
a fee.
(b)
Expiration of permits.
Properly issued permits shall
expire as provided by law or if not used within one year.
(c)
Application for sign permit.
A person proposing to erect
or display a sign shall file an application for permit with the building
official or designee. The application must be made on a form provided
by the city and shall contain and have attached to it the following
information:
(1)
Contact name, business, address and telephone number of the applicant;
(2)
Name, address, telephone number, and firm or person erecting the
sign;
(3)
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;
(4)
Location of building, structure, address, or legal lot and block
to which or upon which the sign is to be attached or erected;
(5)
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, curb lines, adjacent streets, alleys,
curb cuts, and setback clearance zone;
(6)
Specifications for the construction, maintenance and display of the
sign;
(7)
Copy of stress diagrams or plans, when needed, containing information
as to safety and structural integrity of sign. The city assumes no
liability for safety and structural integrity of any sign;
(8)
Statement indicating whether the sign will require electricity. If
so, the sign must comply with the current International Electrical
Code or any successor code as may be adopted and amended by the city;
(9)
Copy of permit approved by the state department of transportation,
state transportation commission, the county or successor agencies,
if state law requires a state permit;
(10)
Date on which the sign is to be erected or displayed;
(11)
Any variance that will be requested; and
(12)
Such other information as the city requests to show full compliance
with this and all other standards of the city.
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The city is not required to act upon a permit application until
it is deemed by the city to be administratively complete.
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(d)
Approval and denial of permit.
(1)
The building official shall promptly review an administratively complete
application upon receipt and upon payment of applicable fees by the
applicant. The building official shall grant or deny an administratively
complete permit application within 45 days after the date that the
application was administratively complete, including the payment of
all fees. The building official shall examine the application, plans,
and specifications and may inspect the premises upon which the proposed
sign shall be erected, as needed. The building official 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 building
official denies a permit, the building official 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 building
official may appeal the denial to the board of adjustment. Such an
appeal must be filed, in writing, with the building official, within
ten days after receipt of the denial. The board of adjustment shall
review the denial and determine if the building official incorrectly
concluded the proposed sign did not comply with the requirements of
this article and all other regulations of the city. If the building
official fails to grant or deny any application by the 45th 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 45 days
after a written appeal is filed with the building official, the sign
application shall be automatically deemed approved.
(e)
Modifications.
After a sign permit has been issued by
the building official or 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 building official
or the board of adjustment.
(Ordinance 1247 adopted 3/6/18)
(a)
Inventory of signs.
The city shall inventory all signs
on TXDOT Highways that are not in compliance with this article within
the city limits. Signs constructed prior to the effective date of
the ordinance from which this article is derived shall file an inventory
form no later than October 1, 2018. Signs which are constructed after
October 1, 2018 must file an inventory form with the building official
within 15 days after such sign is fully constructed. As part of the
required inventory, each responsible party of the sign shall complete
and file the required form with the building official, as to the size,
type, condition, and location of sign, regardless if the sign 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, 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)
Existing historic signs.
Historic signs existing prior
to the effective date of the ordinance from which this article is
derived 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 the ordinance from which this
article is derived.
(d)
Provisions application.
This section shall apply to all signs located within the city limits of the city, with the exception of those referenced in section 14.03.007. 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 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 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)
At the time of installation be located closer than specified in the
National Electric Safety Code as may be amended from time to time.
(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 chapter 15 [sic] 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 a national or
federal government, state, local government, school district, or university
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 flag poles per premises. Each flag pole may have a maximum
of 15 square feet in area per pole. The flag pole may be a maximum
of 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.
(2)
Nonresidential zoning districts.
In a non-residential
zoning district, one flag per 25 feet of frontage on a right-of-way
up to a maximum of three flags and three flag poles per premises.
Each flag may be a maximum of 24 square feet in area. Flag poles may
be a maximum of 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 article 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 1247 adopted 3/6/18)
Temporary signs are exempt from the requirement to obtain a
permit, provided 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)
A person exercising the right to place temporary signs on a property
as described in this section must limit the number of signs on the
property to 5.
(2)
Unless otherwise stated herein or specifically authorized by state
law, the sign face of any temporary sign, shall not exceed 32 square
feet.
(Ordinance 1247 adopted 3/6/18)
When determining whether to issue a permit, the following regulations
apply:
(1)
Signs on property in other than residential areas.
All
pole, pylon, and facade (wall) signs that exceed 48 square feet must
be certified by a state licensed professional engineer as being able
to withstand a wind pressure load of at least 30 pounds per square
foot and support the weight of the sign.
(2)
Single commercial building.
(A)
Signs on the facade and each side of a building shall not exceed
48 square feet, unless they are certified by a state licensed professional
engineer as being able to withstand a wind pressure load of at least
30 pounds per square foot and support the weight of the sign.
(B)
One pole/pylon sign per premises may be permitted that does not exceed
in areas of 3 lanes of traffic - 32 SF or 4 lanes of traffic 40 SF.
The maximum height of such a sign shall not exceed 40 feet. If the
commercial establishment borders two or more streets then only one
additional freestanding sign will be permitted on the secondary street,
and the square footage of the sign may not exceed the allowable square
footage of this section.
(C)
A premises that displays a monument sign in lieu of a pole/pylon
sign may increase its size to 40 square feet.
(D)
One additional freestanding sign not to exceed the allowable square
footages described in this section may be permitted for premises with
frontages of 140 feet or more.
(3)
Commercial complex.
(A)
Signs on the facade or on the side of a building identifying the
complex may not exceed 48 square feet, unless they are certified by
a state licensed professional engineer as being able to withstand
a wind pressure load of at least 30 pounds per square foot and support
the weight of the sign.
(B)
Signs on the facade or on the side of a building identifying a business
within a commercial complex may not exceed 48 square feet.
(C)
Size allowances for pole/pylon signs for commercial complexes:
(i)
A commercial complex under five acres in size and having less than
140 linear feet of road frontage may have one pole/pylon sign that
does not exceed 40 feet in height[,] has a minimum ground clearance
of six feet with the primary complex or anchor tenant identification
sign not exceeding 75 square feet in size and the individual business
signs in the complex sign not to exceed 150 square feet collectively
with no one tenant individually exceeding 50 square feet.
(ii)
A commercial complex over five acres in size and having 140
linear feet or more of road frontage may have one pole/pylon sign
that does not exceed 40 feet in height, has a minimum ground clearance
of six feet with the primary complex or anchor tenant identification
sign not exceeding 128 square feet in size and the individual business
signs in the complex sign not to exceed 250 square feet collectively
with no one tenant individually exceeding 50 square feet.
(D)
If the structure of a freestanding sign (monument or pole/pylon)
contains or supports more than one sign, then each sign shall be of
the same construction.
(E)
For businesses with linear road frontages in excess of 140 feet only
one additional freestanding sign not to exceed the allowable square
footages described in this section is permitted for the site regardless
of any amount of additional linear road frontages or additional streets.
(F)
A premises displaying a monument sign in lieu of a pole/pylon sign
cannot exceed 150 square feet in size.
(G)
For commercial complexes with the front facades of the businesses
facing both the primary and secondary streets one additional freestanding
sign will be permitted on the secondary street. The freestanding sign
is not to exceed the allowable square footages specified in this section.
If the orientation of the front facade of the business face neither
street then the one additional freestanding sign is allowed and shall
not exceed the allowable square footages specified in this section.
(H)
Industrial parks are permitted to display a monument sign not to
exceed 150 square feet or a pole/pylon sign not to exceed 25 feet
in height having a minimum ground clearance of six feet with the primary
complex or anchor tenant identification sign not to exceed 75 square
feet in size and the individual business signs in the complex sign
not to exceed 150 square feet collectively with no one tenant individually
exceeding 50 square feet. The sign must be located at the street intersection
access to the industrial park. The name of the industrial park must
be included on the sign.
(4)
Inflatable signs.
Inflatable signs with a volume no
greater than 27 cubic feet may be permitted but may not be displayed
for more than 14 days in succession and must be removed no more than
three days following any event to which they relate.
(6)
Sail, teardrop, feather or bow banner signs.
(A)
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.
(B)
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.
(C)
Spacing requirements.
Sail, teardrop, feather, or bow
banners placed along contiguous streets frontage must be spaced a
minimum of 30 feet apart.
(D)
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.
(E)
Setback.
Sail, teardrop, feather, or bow banners shall
have a minimum setback of five feet from the property line.
(F)
Appearance.
Sail, teardrop, feather, or bow banners
must be kept in good repair throughout the time of their display.
(G)
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.
(7)
Electronic signs.
Electronic sign message boards that
meet the following criteria are allowable with a permit and are calculated
as a portion of the aggregate allowable sign square footage as provided
in this section, permitting regulations of this article.
(A)
The electronic sign message board portion of the sign cannot exceed
50 square feet in size.
(B)
The text or clip art images of the electronic message board can be
of multi-color. Video images are prohibited.
(C)
Each message on an electronic sign message board shall be displayed
for at least 20 seconds and a change of the message shall be accomplished
within two seconds; a change of the message shall occur simultaneously
on the sign face.
(D)
An electronic sign must contain a default mechanism that freezes
the sign in one position if a malfunction occurs and automatically
adjusts the intensity of its display according to natural ambient
light conditions.
(E)
Signs may be illuminated but shall have no flashing copy or lights;
revolving beacon lights; chasing, blinking, or stroboscopic lights;
or, fluttering, undulating, swinging, or otherwise moving parts.
(F)
A maximum of 70% of the sign face may be devoted to changeable sign
copy.
(G)
Changeable message copy signs may not be used to display commercial
messages relating to products or services that are not offered on
the premises.
(H)
Any marquee signs that are illuminated by artificial light or projects
an electronic message through a changeable copy sign that is within
400 feet of a residence, park, playground, or scenic area as designated
by a governmental agency having such authority shall not be lighted
between the hours of 10:00 p.m. and 6:00 a.m. Such signs shall not
exceed a brightness level of 0.3 footcandles above ambient light.
In all zoning districts such signs shall come equipped with automatic
dimming technology, which automatically adjusts the sign’s brightness
based on ambient light.
(I)
Additional requirements may be set forth by the planning and zoning
commission and/or city council.
(Ordinance 1247 adopted 3/6/18)
The following signs are prohibited within the city:
(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 year after the cessation of a product, service, or business at
location (or in the case of leased premises, two years after the most
recent tenant ceases to operate on the premises) shall be presumed
abandoned. Related off-premises signs pertaining to same shall also
be presumed abandoned.
(B)
If a sign is determined to be abandoned and/or obsolete under this
article by the city designee, sign shall be removed by the owner/lessor
of the property. The city may agree with the owner/lessor of the sign
or sign structure to remove only a portion of the sign or sign structure.
(2)
Beacons.
(3)
Billboards.
(4)
Flashing signs.
(5)
Illuminated signs (illuminated from the exterior or within). Signs
that are illuminated in such a manner, to such intensity, or without
shielding, so as to constitute a hazard to the operation of motor
vehicles upon any public street or road or substantially interferes
with the reasonable enjoyment of residential property or interferes
with the effectiveness of traffic control.
(6)
Moving signs.
(7)
Snipe signs.
(8)
Signs displayed for a fee or other form of consideration.
(9)
Portable changeable copy signs.
(10)
Satellite. Any type of satellite dish the primary use of which is
for advertising, rather than to serve the customary purpose.
(11)
Trailer sign.
(12)
Vehicular sign. When the vehicle is used with the intent to substitute
a stationary sign instead of to be used as a 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.
(13)
Other signs.
(A)
Painted on any roof surface or installed so that it faces contiguous
residential property;
(B)
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)
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)
Hung with less than 7-1/2 feet of vertical clearance above the sidewalk
or less than 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 1247 adopted 3/6/18)
(a)
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 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 city designee shall inspect and have
authority to order the painting, repair, alteration, or removal of
a sign that constitutes a nuisance, 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)
The area around the sign shall be kept clean at all times by cutting
vegetation around the sign and the supporting structure.
(c)
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 city designee
pursuant to this article. The city designee 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 board of adjustment within ten (10) days
of receipt of the notice. Any appeal must be filed, in writing, and
received by the building official no later than the tenth day after
receipt of the notice of nuisance.
(1)
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.
(2)
The city may not remove any sign declared to be a nuisance if an
appeal of the nuisance determination is pending. If the board of adjustment
does not issue a ruling within 30 days after a written appeal is filed
with the building official, the city designee 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 [that] a sign is a nuisance.
(d)
Imminent hazard.
Any sign which in the judgment of the
city council or the city designee 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)
The cost of removal and impound fees of $10.00 a day 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 30 days, the city may destroy, sell, or otherwise
dispose of the sign.
(Ordinance 1247 adopted 3/6/18)
(a)
Not transferable.
Except as otherwise provided by this
section, nonconforming signs are not transferable and may not be transferred
to another location within the city limits without the signs first
being brought into full compliance with all requirements of this article,
including obtaining a properly authorized permit. However, a previously
inventoried/permitted nonconforming sign, excluding portable changeable
copy signs, already in existence may be transferred to a new owner
upon the transfer of the property upon which the nonconforming sign
is located to such new owner. In such cases, the new property owner
must submit a permit application (no fee assessed) to indicate the
change in ownership.
(b)
Removal of destroyed/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
51 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 city designee
within 15 days of the request. If the sign is determined to be destroyed
by the city council or the city designee, it must be removed by the
responsible party without compensation by the city within ten 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)
Filing of inventory form, without permit.
All nonconforming
signs existing prior to the effective date of the ordinance from which
this article is derived 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:
(d)
Specific time period.
Nonconforming signs existing prior
to the effective date of the ordinance from which this article is
derived 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 the ordinance from which this
article is derived.
(Ordinance 1247 adopted 3/6/18)
(a)
Application and fee required.
(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 shall be reviewed at the next regularly scheduled board of adjustment meeting. The application shall be filed with the city designee, accompanied by the appropriate fee established by city council, and conform to all requirements established in section 14.03.008 Sign permits.
(2)
Fee shall be as currently established or as hereafter adopted by
resolution of the city council from time to time, and shall not be
refunded.
(b)
Requests for variances after permit denial.
Within ten
(10) days after denial of a sign permit by the city designee, an applicant
may file a written request for a variance with the board of adjustment.
(c)
Action.
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 45 days of receipt of
an administratively complete variance request.
(d)
Standards for variances.
The board of adjustment may
approve a variance only if it makes affirmative findings, reflected
in the minutes of the board of adjustment’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 done; and
(6)
The applicant has not sought a sign variance from the city within
the past 12 months.
(e)
Conditions of variances.
The board of adjustment may
impose such conditions or requirements in a variance as are necessary
in the board of adjustment’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 months of the date of approval of the variance, the variance
shall lapse and become of no force or effect.
(Ordinance 1247 adopted 3/6/18)
