Abandoned sign.
Any sign, on- or off-premises, unless owned by a bona fide
billboard company, which no longer correctly directs or exhorts any
person or advertises a bona fide business lessor, owner, product,
service or activity.
Advertising vehicle or trailer.
Any vehicle or trailer which has as its basic purpose the
advertisement of products or direction of people to a business or
activity, whether located on- or off-premises.
Auxiliary sign.
Any sign indicating general information, such as pricing,
trading stamps, credit cards, official notices or services required
by law, or trade associations, and signs giving directions to offices,
restrooms, exits, and like facilities, and office or church directories.
Banner sign.
Any sign intended to be hung, either with or without frames, made of paper, plastic or fabric of any kind, and which may possess colors, characters, letter, illustrations, or ornamentations. Flags of governmental divisions, or flags carrying the emblem of a business or institution on the same premises, are not to be considered a banner for the purpose of this article, unless displayed in size or in miniatures that such display could reasonably be considered as a display of “prohibited” signs. A banner shall be prohibited the same as those items in section
3.07.005(b)(12) unless it qualifies as a sign meeting the following conditions:
(1)
Size shall be sixteen (16) square feet or less.
(2)
The banner shall be securely attached to a structure by not
less than all four corners of the material.
(3)
The banner shall comply with all requirements for a sign, including
permit fees, pursuant to all ordinances of the city as amended from
time to time.
Bench sign.
Any sign located on any part of the surface of a bench or
seat placed in or adjacent to a public right-of-way.
Canopy sign.
Any sign attached to a canopy that shall not exceed the following
limits:
(1)
Shall not exceed the width of the canopy.
(2)
Shall not extend more than three (3) feet above the top of the
canopy.
(3)
Shall not extend more than three (3) feet above the roofline.
(4)
Shall meet the requirements of a projecting sign when attached
upon a canopy projecting from the side of a building.
(5)
When the canopy is detached from the building, no canopy sign
shall:
(A)
Exceed the width of the canopy.
(B)
Exceed two (2) feet in height above the top of the canopy.
(C)
Exceed more than two (2) feet below the canopy but allowing
for a minimum of seven (7) feet of ground clearance for pedestrians.
Changeable copy sign.
Any sign that is designed so that letters, numbers, or illustrations
can be changed or rearranged without changing the face or surface
of the sign. This does not include billboards in which the face of
the billboard is changed when changing the advertising message, but
the basic sign structure remains the same.
Changeable electronic variable message sign (CEVMS).
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 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 approved by the federal or state highway administrator.
Community service sign (public service).
Any sign that solicits support for or advertises a nonprofit
community use, public use, or social institution. Such signs may include,
but shall not be limited to, seasonal holidays such as Christmas or
Easter, school activities, charitable programs, or religious activities,
or events of community interest. Such signs shall be placed only by
units of local, state or federal governments, by nonprofit organizations,
by schools, by the chamber of commerce, or by normally recognized
religious organizations. All such signs to be defined as such shall
additionally meet the following requirements:
(1)
Any community service sign for a seasonal celebration shall
not have to meet the requirements of other sections of this article
except those relating directly to traffic safety.
(2)
Any community service sign other than subsection
(1) above that is placed on a wall or window of a building shall not exceed ten (10) percent of the total wall (including windows) area and shall not be counted against the wall or window sign area permitted.
(3)
Any community service sign placed in the public right-of-way
for a short-term duration for a specific event shall obtain a permit,
which shall be reviewed to meet traffic safety standards, and shall
be limited to a reasonable, short time limit.
(4)
A freestanding community service sign shall not exceed thirty-two
(32) square feet in area and shall not exceed ten (10) feet in height,
but need not meet setback requirements, other than those required
for traffic safety.
(5)
Such standards shall not apply where state or federal regulations
are in conflict with these standards, state and federal regulations
to control over this article.
Construction sign.
A sign temporarily placed on a construction site identifying
the project and/or owner, developer, contractor, architect, and other
information regarding the project such as opening dates.
Damaged sign.
Any sign that is unsafe, insecure, or disfigured or poorly
maintained.
Double-faced sign.
A sign that is one structure containing either:
(1)
One sign with two faces back-to-back with faces oriented in
opposite directions.
(2)
Two (2) signs back-to-back with faces oriented in opposite directions
with a distance of not more than three (3) feet between the two signs.
Flashing sign.
Any sign with flashing, blinking, or traveling lights, regardless
of wattage, whether directly or indirectly illuminated, excepting
time and temperature and other such public service signs.
Freestanding sign.
Any sign which is permanently affixed to the ground, and
which is not affixed to a building, and which is not used for off-premises
advertising.
Governmental sign.
Any sign indicating public works projects or other programs
or activities conducted or required by any government subdivision.
This is also considered a community service sign.
Integral sign.
Any memorial signs or tablets, names of buildings, and date
of erection when cut into any masonry surface or when constructed
of bronze or other incombustible materials mounted on the face of
a building.
Marquee sign.
Any sign hung from or affixed to a marquee. It shall be synonymous
with a canopy sign.
NIT.
A unit of visible light intensity used to specify brightness.
One NIT is equivalent to one candela per square meter.
Off-premises sign.
Any sign, commonly known as a billboard, that advertises
a business, person, activity, goods, products or services not located
on the premises where the sign is installed and maintained, or that
directs persons to a location other than the premises where the sign
is installed and maintained.
On-premises sign.
Any sign identifying or advertising the business, person,
activity, goods, products or services sold or offered for sale on
the premises where the sign is installed and maintained when such
premises are used for business purposes.
Portable sign.
Any sign specifically designed to be freestanding with a
metal or plastic frame and which can be readily moved, but not reasonably
expected to be blown about in winds.
Projecting sign.
Any sign, other than a wall sign, which is affixed to any
building or wall, whose leading edge extends beyond such building
or wall. A canopy or marquee sign is not defined as a projecting sign.
Realty sign.
Any sign that is used to offer for sale, lease or rent the
property upon which the sign is located.
Roof sign.
(1)
Roof sign.
Any sign that is mounted on, and is wholly supported by,
the roof of a building and which projects above the highest point
of a building with a flat roof; the eave line of a building with a
gambrel, gable or hip roof; or the deck of a building with a mansard
roof.
(2)
Sloping roof sign.
Any sign, whether on a frame or painted, which is affixed
flat against, or painted onto, the sloping portion of a roof. Said
signs shall not project beyond the roof line, and not more than ten
(10) percent of any sloping roof area shall be devoted to these signs.
Setback.
Setback distance is measured from the nearest part of any
sign or sign support to the property line, or, if specifically stated,
measured to another point such as the street curb.
Sign.
Any letters, figures, symbols, trademarks, or devices designed
to inform people or attract the attention of persons of or to an individual,
firm, profession, business, commodity or service, and which are visible
from any public street.
Sign area.
The square foot area enclosed by the perimeter of the sign
face with each face contributing to the aggregate area; provided,
however, that for painted wall signs, the area shall be the sum of
the areas of the minimum imaginary rectangles, triangles, or circles
which fully contain all words, numbers, figures, devices, designs
or trademarks by which anything is made known. However, for double-faced
signs as defined herein, faces shall be counted only as the area of
one face.
Sign height.
The vertical distance between the highest part of the sign
or its supporting structure, whichever is higher, and the average
established ground level beneath the sign, unless the curb elevation
is higher than the ground level, in which case the height shall be
measured from curb level.
Snipe sign.
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, stakes,
or fences, or to other objects, and the advertising matter appearing
thereon is not applicable to the present use of the premises upon
which such sign is located. Snipe signs do not include political signs.
Unattached sign.
A sign which is not secured to the ground, building, pole,
trailer, vehicle or other secure device, but simply rests upon or
against other structures or the ground, or upon persons. Such signs
are defined as unattached if placed outside enclosures and can reasonably
be expected to be blown about in winds, and could possibly cause injury
to pedestrians, or traffic safety problems. Some such signs are often
referred to as “A-frame” or “sandwich” signs.
Wall sign.
Any sign that is painted on, or attached to and erected parallel
or approximately parallel to the face of, or erected and confirmed
within the limits of, the outside wall of any building and supported
by such wall or building and which displays only one surface for display/advertising.
Such signs shall not extend more than two (2) feet from the building
wall or more than three (3) feet above the building wall.
Window sign.
Any sign placed inside, or upon, a window facing the outside
and which is intended to be seen from the exterior.
(Ordinance 020607, sec. VIII, adopted 2/6/07; Ordinance adopting Code)
Any firm, person, or corporation who shall violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall, upon conviction, be punished by a fine in accordance with the general penalty provided in section
1.01.009 of this code, and each day such violation continues or exists shall constitute a separate violation. Nothing herein shall limit the remedies available to the city under the laws of the state to enforce its rights under this article or prevent violations hereof.
(Ordinance 020607, sec. IX, adopted 2/6/07; Ordinance adopting Code)
The provisions of this article, including but not limited to
permits and the means of enforcement, shall apply within the extraterritorial
jurisdiction of the city.
(Ordinance 020607, sec. XI, adopted 2/6/07)
Waivers may be granted for existing signs that do not conform
to the requirements of this article. The city council may grant the
waiver as requested, or in a modified form, or subject to conditions,
or it may deny the application on the grounds of being incompatible
with a neighboring use, traffic safety or design. In considering a
request for a waiver, the city council will consider whether the subject
sign is in substantial compliance with this article.
(Ordinance 020607, sec. XII, adopted 2/6/07)
(a) Permit required.
Except as provided herein, all signs
erected in the city and its extraterritorial jurisdiction, not otherwise
prohibited by this article, shall require a permit and shall be required
to pay a permit fee at the time of filing of any application unless
excepted herein.
(b) Exemptions from fee.
All signs listed below in this
section that do not include electrical elements or parts shall file
for a permit to be approved by the city; however, such applicants
shall not be required to pay a permit fee so long as such signs are
of a size acceptable and reasonable for the type and use of the sign
in the area or as specifically limited herein:
(1) Non-illuminated signs advertising the sale, lease or rental of the
premises upon which the sign is located.
(2) Professional nameplates or “shingle signs.”
(3) Signs denoting the name and address of the occupants of the premises,
not exceeding four (4) square feet in size.
(4) Non-illuminated temporary construction site signs, for a period not
exceeding the completion of the construction project and not exceeding
twenty-four square feet.
(6) One non-illuminated sign per street frontage of a building that is
under construction or structural alteration or repair announcing the
character of the building enterprise or the purpose for which the
building is intended, including names of architects, engineers, contractors,
developers, financiers, and others, not exceeding twenty-four square
feet.
(7) Community service signs, not placed on the public right-of-way, including
any portable or wheeled community service sign.
(8) Official flags of governmental jurisdictions, and flags carrying
the emblems of business firms on the premises where the flag is displayed.
No single flag shall exceed 32 square feet in area, nor shall a myriad
of miniature flags that collectively exceed 32 square feet in size
or six (6) in number be permitted. The displaying of the American
and Texas flags shall be an exception to this subsection as to size
and number only.
(9) Commemorative plaques placed by governmental or civic organizations,
or integral signs.
(10) Signs approved in a planned unit development.
(11) Rearrangement/replacement of letters, numbers, characters, or pictures
on existing signs, provided the sign is not enlarged and the sign
is not illuminated in violation of this article.
(12) Pennants, ribbons, streamers, spinners, or similar moving or wind-blown
items or balloons, provided such shall be removed after a period of
seven days. These types of items shall be used only for grand openings
or annual anniversary sales, once a year.
(Ordinance 020607, sec. I, adopted 2/6/07; Ordinance adopting Code)
(a) No
authorized sign shall be erected, altered, repaired, or relocated
within the city limits without first obtaining a permit from the city
council or other designated authority.
(b) All
applications for permits for all signs shall be accompanied by such
drawing or descriptions as are necessary to fully advise the city
council or other designated authority as to location, construction,
and details as to brackets, main guy cables, wired braces, bolts and
turnbuckles. If a sign is to be extended from a building wall or walls,
information shall be provided as to the height of the building, the
weight of the sign, the size of the sign and other details that the
city council or other designated authority may deem necessary or request.
(c) Where
the sign is to be attached to an existing building or is a freestanding
sign, a current photograph of the wall face or freestanding sign is
to be attached to the application. Each permit shall contain the name,
address, and telephone number of the owner or persons entitled to
possession of the sign, maintenance of the sign, and the name, address
and telephone number of the sign contractor/erector.
(d) Applicable
information that may be required by the city council or other designated
authority includes, but is not necessarily limited to, the following:
(1) The dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached.
(2) The dimensions of the sign’s supporting members.
(3) The maximum and minimum height of the sign.
(4) The proposed location of the sign in relation to the face of the
building in front of which or above which it is to be erected.
(5) The proposed location of the sign in relation to the boundaries of
the lot upon which it is to be situated. When a sign permit has been
issued, it shall be unlawful to change, modify, alter, or otherwise
deviate from the terms or conditions of said permit without prior
written approval. A written record of such approval shall be entered
upon the original permit application and maintained in the files of
the city council or other designated authority.
(Ordinance 020607, sec. III, adopted 2/6/07)
(a) All
applications for permits for all signs requiring a permit fee according
to the provisions of this article shall be accompanied by a fee in
the amount established from time to time by the city council and maintained
in the offices of the city.
(b) The
fee for a sign with electrical elements or parts shall be in addition
to the fee required based on the size of the sign. No portion of any
fee collected under this section shall be returned after a permit
has been issued.
(Ordinance 020607, sec. VI, adopted 2/6/07; Ordinance adopting Code)
All signs listed below are prohibited within the city limits:
(1) Any
signs and supports, other than those signs and supports required by
governmental authority, or for which a street use license has been
issued, and which are located on the public right-of-way, including
on public sidewalks, streets, alleys and parkways. This section shall
not apply to signs on commercial vehicles or commercial trailers lawfully
operated or parked in such areas; however, this exception shall not
otherwise be used to legitimate the use of advertising vehicles and
trailers or wheeled signs prohibited in this article.
(2) Signs or parts of signs that revolve, rotate, whirl, spin or are wind-blown or otherwise make use of motion to attract attention, except as permitted in section
3.07.005.
(3) No
sign that is illuminated by or contains flashing, intermittent, rotating,
or moving lights. In no event shall an illuminated sign or lighting
device be placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon a public thoroughfare, highway,
sidewalk, or adjacent premises so as to cause glare or reflection
that may constitute a hazard or nuisance.
(4) Any
sign that resembles an official traffic sign or signal or which bears
the words “Stop,” “Go Slow,” “Caution,”
“Danger,” “Warning,” or similar words. Signs
which, by reason of their size, location, movement, content, coloring,
or manner of illumination, may be confused with or construed as a
traffic-control sign, signal or device, or the light of an emergency
or road equipment vehicle, or which hide from view any traffic or
street sign, signal or device.
(5) Any
sign that emits sound, odor or visible matter, which serves as a distraction
to persons within the public right-of-way.
(6) No
sign other than “Entrance,” “Exit,” or directional
fire escape notices shall be placed in any form, shape, or manner
on any fire escape, or door or window giving access to a fire escape.
(7) Abandoned
or damaged signs.
(9) Signs
placed upon motor vehicles or trailers and used as stationary advertising
devices.
(11) Political signs with a surface area of thirty-six (36) square feet
or greater.
(Ordinance adopted 8/1/17)
(a) All
damaged signs shall be promptly removed or repaired. Upon failure
to so remove or repair, the city shall issue a notice to the responsible
party, which notice shall set a number of days within which removal
or repairs shall be completed. If the city council or designated authority
considers that the damaged sign constitutes an immediate danger to
the public, the responsible party shall be so notified and said responsible
party shall immediately proceed to remove or repair the sign. Should
the responsible party, after due notice, fail to correct any such
cited damage, the city council or designated authority may at its
option cause such sign and its support to be demolished and removed
and/or may file a complaint for ordinance violation in the municipal
court.
(b) All
abandoned signs shall be removed by the city at any time the city
council makes a determination that an owner of or responsible party
for the sign cannot be located or notified. If a responsible party
can be located, such party shall be notified and given a period of
days within which to remove the sign. Should the responsible party,
after due notice, fail to remove the abandoned sign, the city council
or designated authority shall cause such sign to be demolished and
removed, painted over, or sand-blasted to remove lettering and graphics.
A lien shall be placed against the property on which the sign is located
in the amount of the cost of all such work to remove and/or demolish
the sign and a copy of the lien provided to the property owner. The
city may also file a complaint for ordinance violation with the municipal
court and such shall not be a bar to the filing of a lien as provided
herein.
(Ordinance 020607, sec. IV, adopted 2/6/07)
Parties responsible for all signs shall be identified in the
following manner:
(1) All
signs shall have printed upon them, in a legible manner, the name
and address of the party responsible for the placement, maintenance
and removal of said sign.
(2) Signs which are located on the property of those parties responsible for the placement, maintenance, and removal of said signs need not meet the requirements of subsection
(1) above. However, those property owners shall be responsible for any signs on their property that do not bear the name and address of the responsible party.
(Ordinance 020607, sec. V, adopted 2/6/07)
Any sign that was nonconforming to the requirements of this
article as of December 19, 2000, shall be deemed to be a conforming
use, provided that such sign shall not be altered, repaired, or relocated
without first obtaining a permit in accordance with the provisions
of this article. Nothing herein shall be construed so as to authorize
a nonconforming use in the event such use should cease, for whatever
reason, at the present location of such sign at the effective date
of this article.
(Ordinance 020607, sec. VII, adopted 2/6/07)
Every sign, including those specifically exempt from this code
in respect to permits and permit fees, shall be maintained in good
structural condition at all times. All signs shall be kept neatly
painted, including all metal parts and supports thereof that are not
galvanized or of rust-resistant material.
(Ordinance 020607, sec. X, adopted 2/6/07)
A changeable electronic variable message sign (CEVMS):
(1) May
not exceed thirty-two (32) square feet;
(3) Must
operate in a way that its messages remain static for a minimum of
four (4) seconds;
(4) Must
operate in a way that all screen transitions occur within one (1)
second such that initial message does not fade, dissolve or travel;
(5) May
not use motion, such as a scrolling message;
(6) May
be allowed as a wall sign or window sign instead of a freestanding
sign;
(7) May
not exceed a light intensity of 500 NITs at night or 7,000 NITs during
the day; and
(8) Operating
within two hundred feet (200') of a residential area must be turned
off from 8:00 p.m. to 6:00 a.m.
(Ordinance adopting Code)