A.
Purpose.
It is the purpose of this Article to provide uniform sign standards which promote a positive City image reflecting order, harmony, and pride, thereby strengthening the economic stability of the City’s business, cultural, and residential areas.
B.
Intent.
It is the intent of this Article to provide comprehensive regulation of signs, including the erection, alteration, and maintenance of all types of billboards, signs, bills, and posters within the City limits, in order to protect and enhance the health, safety, and welfare of the general public, and provide such comprehensive regulations in a manner which will be compatible with all applicable City ordinances.
C.
Authority.
The City Council finds that:
1.
The City has the authority to regulate signs under the United States Constitution, the Constitution of the State of Texas, and the City of Cuero Home Rule Charter;
2.
This Article advances important and substantial governmental interests;
3.
The regulations set out in this Article are unrelated to the suppression of constitutionally protected free expression and do not involve the content of protected messages that may be displayed on signs;
4.
The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this Article; and
5.
Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful and accessible to minors may be prohibited.
D.
Applicability.
1.
Generally.
All construction, relocation, enlargement, alteration, and modification of signs within the City shall conform to the requirements of this Article and all state and federal regulations concerning signs and advertising, and applicable building codes as adopted by the City in Chapter 150, Building Regulations, [Article 4.02] of the Cuero Code of Ordinances, as may be amended from time to time.
2.
Signs Permitted Before Effective Date.
a.
The provisions of this Article shall not apply to on-premise signs in existence on April 6, 1995, except in the following circumstances:
b.
If a permit for a sign has been issued in accordance with all City ordinances in effect prior to the effective date of this UDC, and provided that construction is begun within six months of the effective date of this UDC and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this UDC regarding nonconforming signs.
3.
Relationship to Other Regulations.
These regulations recognize that there are other regulations that pertain to signage (e.g., Chapter 216, Regulation of Signs by Municipalities, of the Tex. Local Gov’t Code, as amended from time to time). Where any provision of this Article covers the same subject matter as other regulations, the more restrictive regulation shall apply.
E.
Sign Permit Required.
Unless exempted in Subsection F., Signs that Do Not Require a Sign Permit, of this Section, approval of a sign shall be by sign permit, which may be issued simultaneously with a separate building permit (see also Section 14.304D, Sign Permits).
F.
Signs that Do Not Require a Sign Permit.
1.
Address Signs.
Address signs on the facade of the residential or nonresidential building, as long as they do not exceed more than 14 inches in height.
2.
Carried Signs.
Signs that are being carried by people (however, such signs are not exempt if they are set down or propped up against objects).
3.
Construction Signs.
Signs located on residential lots shall not exceed six square feet in area, provided the sign is confined to the site of construction, there is only one sign per street front of the property under construction, and the sign is not illuminated.
4.
Decorative Signs.
Clearly incidental, customary and commonly associated with a holiday, provided that such signs shall be displayed for a period of not more than 60 consecutive days nor more than 60 total days in any one year.
5.
Holiday Decorations.
Holiday decorations that are displayed for not more than two months per year.
6.
Integral Signs.
Signs for public assembly facilities that are etched into stone, concrete, or another building material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached, provided the sign does not exceed six square feet.
7.
Interior Signs.
Signs that are not visible from residential lots, abutting property, or public rights-of-way.
8.
Official and Legal Notice.
Official and legal notice signs that are issued by any court, public body, person, or officer in performance of a public duty, or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to this UDC.
9.
Official Flags.
One duly adopted official flag of each the nation, state, county, or City, illuminated or non-illuminated, may be flown on a property provided the flag is affixed to a permanent flagpole or flagpoles that are mounted to a building (either temporary or permanent), and provided the flag does not encroach across property boundaries. The maximum allowable square footage of the flag is to be determined by the maximum building height permitted and the size of the flagpole in the designated zoning district.
10.
Signs with De Minimus Area.
Signs that are affixed to a building or structure (even if wall signs are not permitted in the district or for the use), which do not exceed one square foot in sign area, provided that only one such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and signs that are less than three-fourths of a square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets.
11.
Traffic-Control Signs.
Traffic-control signs and other signs related to public safety that the City or another jurisdiction installs or requires a developer to install.
12.
Unofficial Flags.
Up to a maximum of three unofficial flags may be flown on a property provided the flag(s) are attached to a permanent flagpole or a flagpole that is mounted to the building (temporary or permanent), and provided the flag(s) do not encroach across property boundaries. The maximum allowable square footage of the flag is to be determined by the maximum building height permitted and the size of the flagpole in the designated zoning district.
13.
Way-finding Signs.
Signs located throughout a property for the individual, sole purpose of directing traffic flow or indicating the locations of buildings or departments and services within the development, provided such signs do not exceed six square feet in sign area or a maximum height of five feet. Way-finding signs may be illuminated or non-illuminated and must observe the applicable setbacks and the provisions of Section 8.102E., Sight Distance Triangle Requirements.
(Ordinance 2015-30 adopted 10/30/15)



