A.
Purpose. The purpose of this Subsection is to establish a clear
set of standards related to the placement and specifications of commercial
signage within the City's jurisdictional area. The following regulations
balance the need to protect the public safety and welfare, the need
for a well maintained and attractive community, and the need for adequate
identification, communication and advertising.
B.
Objectives. The regulations have the following objectives:
1.
To promote and protect the safety of persons and property by
ensuring that signs do not create traffic hazards or impair motorists'
ability to see pedestrians, other vehicles, obstacles or read traffic
signs;
2.
To promote the aesthetics, safety, health, morals and general
welfare, and the insurance of protection of adequate light and air
by regulation of the position, displaying, erection, use and maintenance
of signs;
3.
To allow for adequate and effective signs whose dimensional
characteristics further the interests of public safety and the needs
of the motorist, where signs are viewed from a street or roadway;
4.
To promote the efficient transfer of general public and commercial
information through the use of signs;
5.
To enhance the overall appearance and economic value of the
landscape, and preserve the unique natural environment that distinguishes
the City and surrounding area;
6.
To reflect and support the desired ambience and development
patterns of the various zones, overlay zones, and plan districts and
promote an attractive environment; and
7.
To ensure that the constitutionally guaranteed right of free
expression is protected.
(Ordinance 2017-13 adopted 10/2/2017)
A.
A sign may be erected, placed, established, painted, created,
or maintained in the City and Extraterritorial Jurisdiction only in
compliance with the standards, procedures, exemptions, and other requirements
of this Subsection.
B.
The effect of this Subsection as more specifically set forth
herein, is:
1.
To establish a permit system to allow a variety of types of
signs in commercial and industrial zoning districts and a limited
variety of signs in other zoning districts, subject to the standards
and the permit procedures of this Subsection;
2.
To allow signs that are small, unobtrusive, and incidental to
the principal use of the respective lots on which they are located,
subject to the substantive requirements of this Subsection, but without
requirements for permits;
3.
To provide for temporary signs in limited circumstances;
C.
Any person, firm, association of persons, corporation, or other
organization violating any of the provisions of this Subsection shall
be guilty of an offense under this Subsection and shall be subject
to penalty as defined in 1.01.05. Violations and Fines.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Signs Requiring a Permit. Except as provided herein, no sign
shall be placed, constructed, erected, or modified on a lot either
within the City limits or the City's ETJ without obtaining a sign
permit prior to the construction, placement, erection, or modification
of such a sign in accordance with the requirements of 4.02.05. Regulations.
B.
Permits and Fees.
1.
All signs requiring a permit shall be subject to a permit fee.
The amount of the fee shall be established in the City's Fee Schedule.
2.
A complete permit Application must be submitted prior to the
issuance of any permit.
3.
Incomplete permit Applications will not be accepted or issued
a permit. Information in the Application which subsequently changes
before the construction of the sign shall be updated by the Applicant
and approved by staff.
4.
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign complies with the requirements of this
Subsection (including those protecting existing signs) in every respect
and with the Common Signage Plan in effect for the property, if applicable.
C.
Sign Permit.
1.
Within ten (10) days of receiving an Application for a sign
permit or for a Common Signage Plan, the Director of Planning shall
review it for completeness. If the Director of Planning finds that
it is complete, the Application shall then be processed. If the Director
of Planning finds that it is incomplete, the Director of Planning
shall, within such ten (10) day period, send to the Applicant a notice
of the specific ways in which the Application is deficient, with appropriate
references to the applicable portions of the Subsection.
2.
Within ten (10) days of the submission of a complete Application
for a sign permit, the Director of Planning shall either:
a.
Issue the sign permit, if the sign(s) that is the subject of
the Application conforms in every respect with the requirements of
this Subsection and of the applicable Common Signage Plan; or
b.
Reject the sign permit if the sign(s) that is the subject of
the Application fails in any way to conform to requirements of this
Subsection and the applicable Common Signage Plan. In case of a rejection,
the Director of Planning shall specify in the notice of rejection
the portions of the Subsection or applicable plan with which the sign(s)
is inconsistent.
c.
If a permit is rejected, the Applicant may appeal the decision
in writing within thirty (30) days of the rejection. Appeals must
be addressed to the Director of Planning and identify a request for
approval, and where applicable, an alternative form of compliance
that meets the intent of this Subsection. Approval may be subject
to review by the Sign Review Board.
3.
On any Application for approval of a Common Signage Plan, the
Director of Planning shall either approve the proposed plan if the
sign(s) as shown on the plan and the plan itself conforms in every
respect with requirements of this Subsection, or reject the proposed
plan if the sign(s) as shown on the plan or the plan itself fails
in any way to conform with the requirements of the Subsection. In
case of a rejection, the Director of Planning shall specify in the
notice of rejection the portions of this Subsection with which the
plan is inconsistent. The Director of Planning shall take action on
or before the following dates as applicable:
4.
Signs requiring a permit shall be erected, installed, or created
only in accordance with a duly issued and valid sign construction
permit from the City Manager. Such permits shall be issued only in
accordance with the following requirements and procedures:
a.
Permit for New Sign or Sign Modification. An Application for
construction, creation, or installation of a new sign or for modification
of an existing sign shall be accompanied by detailed drawings to show
the dimensions, design, structure, and location of each particular
sign, to the extent that such details are not contained on a Common
Signage Plan then in effect for the lot. One Application and permit
may include multiple signs on the same lot. Changing one panel on
a multi-tenant sign is not considered a modification.
b.
Inspection. The Director of Planning shall cause an inspection
of the lot for which each permit for a new sign or for modification
of an existing sign is issued during the sixth month period after
the issuance of such permit or at such earlier date as the owner may
request. If the construction is not substantially complete at the
time of inspection, the permit shall lapse and become void. If the
construction is complete and in full compliance with this Subsection
and with the building, sign, and electrical codes, the Director of
Planning shall issue a Certificate of Sign Inspection. If the construction
is substantially complete but not in full compliance with this Subsection
and applicable codes, the Director of Planning shall give the owner
or Applicant notice of the deficiencies and allow an additional thirty
(30) days from the date of inspection for the deficiencies to be corrected.
If the deficiencies are not corrected by such date, the permit shall
lapse and become void. Any incomplete structure shall be deemed a
dilapidated sign and shall be subject to the provisions for removal
under 4.02.11. Abandoned Signs, Dilapidated Signs, and Sign Violations.
If the construction is then complete and in compliance, the Director
of Planning shall issue a Certificate of Sign Inspection.
D.
Permit Expiration.
1.
If the work authorized by a permit issued under this Subsection
has not commenced within 180 days after the date of issuance, the
permit shall become null and void.
2.
Any permittee holding an unexpired permit may apply in writing
for an extension of the permit, if the permittee is unable to commence
work. The extension period shall not exceed 180 days. The permittee
shall pay a fee for the extension of the unexpired permit. No permit
shall be extended more than once.
(Ordinance 2017-13 adopted 10/2/2017)
All signs not expressly permitted under this Subsection or exempt
from regulation hereunder in accordance with this Subsection are prohibited
in the City or its extraterritorial jurisdiction. Such signs include,
but are not limited to:
A.
Beacons;
B.
Obscene signs;
C.
Inflatable signs and tethered balloons;
D.
Decorative flags (flags used as advertising displays, including
but not limited to blade, feather, shark fin, solid, and teardrop
flags);
E.
Moving signs;
F.
Off-premise signs (except City-owned directional signs);
G.
Snipe signs;
H.
Animated signs;
I.
Portable signs;
J.
Signs in the Right-of-Way, other than those installed by the
City, State, or Federal government;
K.
Human or hand-held signs not otherwise exempt;
L.
Signs that imitate or resemble official traffic lights, signs,
or signals, or signs that interfere with the effectiveness of any
official traffic light, sign, or signal;
M.
Signs on motor vehicles that are inoperable, do not display
a current vehicle registration sticker or license plate, are not principally
used as a mode of transportation for business purposes, or are conspicuously
parked or located on a lot for more than twenty-four (24) hours; or
N.
Signs attached, placed, or otherwise supported on or by trees,
rocks, or other naturally-occurring landscaping features.
(Ordinance 2017-13 adopted 10/2/2017)
Signs must meet all applicable standards as set forth herein
and all City codes as amended, regardless of whether a permit is required.
A.
Nonconforming Sign.
1.
These regulations shall apply to all Nonconforming Signs. All
Nonconforming Signs shall be brought into compliance with this Subsection
in accordance with the provisions of these regulations.
2.
Signs erected on a property prior to its annexation and not
in compliance with this Code shall be considered Nonconforming Signs
until such time as they are brought into compliance in accordance
with this Subsection.
3.
All Nonconforming Signs that were erected in violation of the
ordinances of the City in existence at the time the sign was permitted
or should have been permitted, and which violation was or has not
been cured, shall, upon written notice, be required to be brought
into compliance with this Subsection or removed within a reasonable
time frame specified by the Director of Planning, but not to exceed
thirty (30) days from the date of notice.
4.
Nonconforming Signs that do not comply with the City Building
Codes shall be subject to enforcement under the Building Codes, as
well as this Subsection. Repairs or modifications required under the
City Building Codes shall not entitle the owner of the Nonconforming
Sign to compensation under this Subsection.
5.
All Nonconforming Signs shall be subject to the following provisions:
a.
Whenever a land use changes, any nonconforming sign must be
modified so as to be in full compliance with these sign regulations.
b.
Any Nonconforming Sign that has been destroyed or damaged to
the extent that the cost of repairing the sign is more than sixty
(60) percent of the cost of erecting a new sign of the same type at
the same location shall be removed or shall be brought into compliance
with this Subsection within six (6) months from receipt of an order
from the Director of Planning, without compensation being paid by
the City to the owner.
c.
No Nonconforming Sign shall be required to be relocated or removed
unless such Nonconforming Sign is more than sixty (60) percent destroyed
or damaged as provided in b above.
d.
Any water storage device displaying signage existing at the
date of this adoption is considered nonconforming and precluded from
restoring any type of signage upon repainting of the water storage
device.
B.
Location. No signs shall be allowed in the public Right-of-Way
except for those specifically licensed or permitted by the City, State
or a political subdivision of the State exercising jurisdiction where
the sign is located.
C.
Construction. All signs shall be designed, constructed, and
maintained in accordance with the following standards:
1.
All signs shall comply with applicable provisions of the adopted
versions of the City Building Codes, the National Electrical Code,
and Section 4 of the Uniform Sign Code at all times.
2.
Except for Temporary Signs Submit to Permits, and Window Signs
conforming in all respects with the requirements of this Subsection,
all signs shall be constructed of permanent materials and shall be
permanently attached to the ground, a building, or another structure
by direct attachment to a rigid wall, frame, or structure.
D.
Maintenance. All signs shall be maintained in good structural
condition, in compliance with all building and electrical codes, and
in conformance with this Code, at all times.
E.
Obstruction of View.
1.
No sign may be erected, constructed, maintained or allowed to
remain that constitutes an obstruction to or which interferes with
a clear line of sight of approaching motor vehicles.
2.
No sign may be erected, constructed, maintained or allowed to
remain that constitutes an obstruction to the view of pedestrians
upon or entering a public or private street.
F.
Illumination. Illuminated signs are subject to the following
requirements.
1.
Signs that are illuminated at night may not exceed a maximum
luminance level of seven hundred fifty (750) NITS, regardless of the
method of illumination.
2.
Any externally illuminated sign shall be shielded so as not
to cast direct light or glare onto any residential district and as
not to create a safety hazard, including distraction of vehicle operators
or pedestrians in the public Right-of-Way.
3.
All illuminated signs must comply with the maximum luminance
level of seven hundred fifty (750) NITS at least one-half hour before
Apparent Sunset, as determined by the National Oceanic and Atmospheric
Administration (NOAA), U.S. Department of Commerce, for the specific
geographic location and date. All illuminated signs must comply with
this maximum luminance level throughout the night, if the sign is
energized, until Apparent Sunrise, as determined by the NOAA, at which
time the sign may resume luminance levels appropriate for daylight
conditions, when required or appropriate.
4.
A sign that is designed to emit a luminance level exceeding
seven hundred fifty (750) NITS must have an automatic dimmer control
that produces a distinct illumination change from a higher to a lower
level for the time period between dusk and dawn.
(Ordinance 2017-13 adopted 10/2/2017)
|
A.
Changeable Electronic Variable Message Signs shall only be permitted
by right in nonresidential zoning districts with the exception of
institutional uses such as religious assemblies, educational facilities,
government administration and civic buildings, and public parks that
may be permitted in additional zoning districts provided that all
standards of C, D and E below are met.
B.
Changeable Electronic Variable Message Signs must meet all of
the following requirements:
1.
Placement and Location.
a.
Changeable Electronic Variable Message Signs are permitted only
in the Interstate-35 Business (B-3) District and within 300 feet of
I-35 by right. See C below for other areas.
b.
No more than one Changeable Electronic Variable. Message Sign
shall be allowed per lot.
c.
Changeable Electronic Variable Message Signs shall be designed
as Monument Signs.
d.
Changeable Electronic Variable Message Signs shall be located
at least three hundred fifty (350) feet away from a property with
any residential zoning designation.
e.
Changeable Electronic Variable Message Signs shall be located
at least seven hundred fifty (750) feet away from a property designated
as a Historic Landmark or within the Historic Overlay (O-H) District.
2.
Display and Illumination. Changeable Electronic Variable Message
Signs must meet the following criteria:
a.
Hard maximum of 12 square feet;
i.
For purposes of calculating area of a monument sign, the Changeable
Electronic Variable Message Sign counts four times;
b.
Constructed such that the sign does not face, shine, or reflect
light in any manner or angle into a property with any residential
zoning designation or use;
c.
Maximum daytime NITs of 5,000; maximum nighttime NITs of 500;
d.
Provide a minimum display time for each static image of at least
six (6) seconds.
e.
No display of a solid white background;
f.
A static display with no animation, virtual movement, flashing
or multimedia/video;
g.
No special effect transitions between each static display; and
C.
A request to permit an Changeable Electronic Variable Message
Sign in areas not within the Interstate-35 Business (B-3) District
or within 300 feet of I-35 meeting all of the other above requirements
may be approved by the Planning and Zoning Commission based on the
following criteria:
1.
The potential for interference with the enjoyment of the use
of surrounding properties and compatibility with land uses;
2.
The zoning district and the adjoining zoning districts of the
property for which the Changeable Electronic Variable Message Sign
is sought;
3.
Whether the request is harmonious with the public interest;
4.
Consistency with the purposes of this Code;
D.
Under no circumstance may an off-premise sign be converted to
an Changeable Electronic Variable Message Sign.
E.
An Changeable Electronic Variable Message Sign may not exceed
seventy-five (75) percent of the total sign area for any Monument
Sign.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Sign Area. Sign area shall be calculated in square feet, and
by means of the smallest square, circle, rectangle, or combination
thereof that will encompass the sign face.
|
Figure 63. Sign Area Calculation
| ||
|
|
|
B.
Calculation of Area of Multifaceted Signs. The sign area for
a sign with more than one face shall be calculated by adding together
the area of all sign faces visible from any one point. When two identical
sign faces are placed back-to-back, so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and are not more than forty-two (42) inches
apart, the sign area shall be calculated by the measurement of one
of the faces.
C.
Sign Height. Sign height shall be measured in linear feet. The
overall height of a Freestanding Sign or other sign structure is measured
from the lowest grade level within ten (10) feet of the base of the
sign to the highest point of the Freestanding Sign or other sign structure.
|
Figure 64. Sign Height
|
D.
Sign Width. Sign width shall be measured in linear feet from
the farthest outermost point on each side of a sign.
E.
Setbacks. Setbacks shall be measured in linear feet from property
lines.
F.
Spacing. A minimum distance of fifty (50) feet must be maintained
between all Freestanding Signs. The spacing requirement applies to
all signs on a single lot and the distance to the nearest sign on
an adjacent lot.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Signs Permitted by Zoning District. Table 38. Signs Permitted
by Zoning District identifies zoning districts within the City limits
where each sign type is permitted.
1.
Permitted (•) indicates that the sign type is permitted
by right in the zoning district. If a cell is blank, this indicates
the sign type is not permitted in the zoning district. For example,
if a sign is seeking placement on a property in both the Interstate-35
Business (B-3) District and the Gateway Overlay (O-G) District, then
the more restrictive standards and permitted sign limitations shall
apply.
2.
To preserve the character of residential zoning districts, commercial
signs are not permitted in Estate Residential (R-1) District through
Urban Residential (R-5) District.
a.
Signs may be allowed in residential zoning districts for institutional
uses such as religious assemblies, educational facilities, government
administration and civic buildings, and public parks.
b.
The sign standards for these uses shall be based on Neighborhood
Business (B-1) District/Arterial Business (B-2) District/Interstate-35
Business (B-3) District standards applicable to the respective sign
type.
|
Table 38. Signs Permitted by Zoning District
| ||||||||||||||||||||
|
AG
|
R-1
|
R-2
|
R-3
|
R-4
|
R-5
|
R-MH
|
B-1
|
B-2/ETJ
|
B-3
|
LI
|
HI
|
O-G
|
O-R
|
F3
|
F3-H
|
F4
|
F4-H
|
F5
|
F5-H
| |
|
Pole and Pylon Sign
|
•
|
•
|
•
| |||||||||||||||||
|
Monument Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||
|
Wall Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||
|
Projecting Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||||
|
Hanging Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| |||||||||||
|
Marquee Sign
|
•
|
•
|
•
|
•
|
•
| |||||||||||||||
|
Awning Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||
|
Canopy Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||||
|
Window Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||
|
Sidewalk Sign
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
•
| ||||||||||||
B.
Pole and Pylon Sign.
|
|
Single
|
Multi
| |
|
Area Max (sq ft)
| ||
|
B-3, LI, HI
|
75
|
100
|
|
Height Max (ft)
| ||
|
B-3, LI, HI
|
35
|
35
|
|
Within 400' of residential, no taller than the primary structure
(if structure blocks view from residential) or 25', whichever is less.
| ||
|
Width Max (ft)
| ||
|
N/A
|
N/A
| |
|
Number of Signs
| ||
|
Signs per lot, max
|
1
|
1
|
|
Setbacks and Spacing
| ||
|
Interior property lines, min. (ft)
|
10
|
10
|
|
Illumination
| ||
|
Internal Only
| ||
|
Vertical Clearance from Grade
| ||
|
Min. (ft)
|
10
|
10
|
|
Changeable Electronic Variable Message Signs
| ||
|
See 4.02.06.
| ||
1.
Description. A Pole and Pylon Sign is a sign supported by a
single or multiple poles. Sign supports may include an exposed pole
or concealed support.
C.
Monument Sign.
|
|
|
|
Single
|
Multi
| |
|
Area Max (sq ft)
| ||
|
R-4, R-5, R-MH, B-1, O-H, O-R
|
35
|
35
|
|
B2, (ETJ), LI, HI, O-G, F4, F4H
|
50
|
75
|
|
B-3
|
100
|
100
|
|
Height Max (ft)
| ||
|
R-4, R-5, B-1, O-H, O-R, F3
|
12
|
12
|
|
B2, (ETJ), LI, HI, O-G, F4, F4H
|
12
|
12
|
|
B-3
|
12
|
12
|
|
Width Max (ft)
| ||
|
15
|
25
| |
|
Number of Signs
| ||
|
Signs per lot, max
|
1
|
1
|
|
Setbacks and Spacing
| ||
|
Interior property lines, min. (ft)
|
10
|
10
|
|
Illumination
| ||
|
Internal or External
| ||
|
Vertical Clearance from Grade
| ||
|
N/A
|
N/A
| |
|
Changeable Electronic Variable Message Signs
| ||
|
See 4.02.06.
| ||
1.
Description. A Monument Sign is a Freestanding Sign attached
to a pedestal or perimeter wall.
2.
Special Standards.
a.
Changeable Electronic Variable Message Signs may not exceed
seventy-five (75) percent of the total sign area;
b.
Sign area does not include the base or pedestal, or address
block. See Figure 63. Sign Area Calculation;
c.
Monument Signs in the Estate Residential (R-1) District, Suburban
Residential (R-2) District, or One & Two Family Residential (R-3)
District residential zoning districts must meet standards for Neighborhood
Business (B-1) District/Historic Overlay (O-H) District, and must
be located on property owned by the Homeowners' or Property Owners'
Association.
d.
Changeable Copy Signs are permitted.
D.
Wall Sign
|
|
Total Wall Area Max (%)
| |
|
Individual tenant space
|
25
|
|
Height Max
| |
|
Not to exceed height of building
| |
|
Width Max (%)
| |
|
Individual tenant space
|
75
|
|
Number of Signs
| |
|
None
| |
|
Setbacks and Spacing
| |
|
Interior property lines, min. (ft)
|
10
|
|
Illumination
| |
|
Internal or External
| |
|
Vertical Clearance from Grade
| |
|
N/A
| |
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Wall Sign is a sign that is attached flat to
or mounted away from, but parallel to, any exterior wall of a structure.
2.
Special Standards.
a.
Maximum distance between the wall and sign is eighteen (18)
inches.
b.
Exposed raceways must be as narrow as possible. Wireways are
preferred.
c.
Wall signs may only be placed on wall areas which enclose occupiable
space within a building. Wall signs on parapet walls may be allowed
at the discretion of the Planning Director.
d.
Multiple Wall Signs are permitted however, the total area must
not exceed twenty-five (25) percent of the total facade/wall area
of the building.
e.
Changeable Copy Signs are permitted.
f.
Roof Signs shall be treated as Wall Signs for the purpose of
this Subsection, provided such sign shall not extend above the roof
peak by more than six (6) feet and its area shall not exceed fifteen
(15) percent of the exterior wall elevation over which the roof sign
is oriented.
E.
Projecting Sign.
|
|
Area Max (sq ft)
| |
|
Total sign area
|
35
|
|
Height Max
| |
|
Not to exceed height of building
| |
|
Width Max (ft)
| |
|
3
| |
|
Number of Signs
| |
|
Signs per building face, max
|
1
|
|
Illumination
| |
|
Internal Only
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
8
|
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Projecting Sign is a two-sided sign that projects
outward from the exterior wall of a structure into the pedestrian
realm.
2.
Specific Standards.
a.
Projecting Signs shall not project more than two-thirds of the
width of the abutting sidewalk.
b.
If a Wall Sign is already permitted for the building, then the
Projecting Sign shall not exceed twenty-five (25) percent of the maximum
allowable sign area for the building.
c.
Changeable Copy Signs are permitted.
F.
Hanging Sign.
|
|
|
|
Area Max (sq ft)
| |
|
Total sign area
|
6
|
|
Number of Signs
| |
|
Signs per building face, max
|
1
|
|
Illumination
| |
|
None
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
8
|
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Hanging Sign is a two-sided sign that hangs down
from an awning or similar structure extending outward from the exterior
wall of a structure into the pedestrian realm.
G.
Marquee Sign.
|
|
Total Wall Area Max (%)
| |
|
50
| |
|
Height Max (ft)
| |
|
Exceed height of building
|
10
|
|
Width Max (%)
| |
|
Individual tenant space
|
75
|
|
Number of Signs
| |
|
Max, per building
|
1
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
Internal or External
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
10
|
|
Changeable Electronic Variable Message Signs
| |
|
See 4.02.06.
| |
1.
Description. A Marquee Sign is a sign attached to the top or
the face of a permanent roof-like structure constructed over a ground-floor
main entrance.
H.
Awning Sign.
|
|
Area Max (sq ft)
| |
|
25
| |
|
Height Max (ft)
| |
|
Not to exceed height of building
| |
|
Width of Awning Sign Copy
| |
|
Max (%)
|
75
|
|
Number of Signs
| |
|
Awning signs per building face, max
|
N/A
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
None
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
10
|
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. An Awning Sign is a sign printed on any of the
surfaces of an awning, and which may include an under-awning sign
attached to and mounted under the awning.
I.
Canopy Sign.
|
|
Total Window Area
| |
|
Max (%)
|
50
|
|
Height Max (ft)
| |
|
4
| |
|
Width of Canopy Max (%)
| |
|
75
| |
|
Number of Signs per Building Face
| |
|
Max
|
1
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
Internal or external
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
10
|
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Canopy Sign is a sign attached above, below,
or to the face of a canopy, and which may include an under-canopy
sign attached to and mounted under the canopy.
J.
Window Sign.
|
|
Total Wall Area Max (%)
| |
|
25
| |
|
Height Max (ft)
| |
|
N/A
| |
|
Width Max (ft)
| |
|
N/A
| |
|
Number of Signs
| |
|
Signs per building face, max
|
N/A
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
None
| |
|
Vertical Clearance from Grade
| |
|
Min. (ft)
|
N/A
|
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Window Sign is generally affixed to a window
for the purpose of being viewed from the exterior of a building.
K.
Sidewalk Sign.
|
|
Area Max (sq ft)
| |
|
6
| |
|
Height Max (ft)
| |
|
4
| |
|
Width Max (ft)
| |
|
N/A
| |
|
Number of Signs
| |
|
Signs per business, max
|
1
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
None
| |
|
Vertical Clearance from Grade
| |
|
N/A
| |
|
Changeable Electronic Variable Message Signs
| |
|
Not allowed
| |
1.
Description. A Sidewalk Sign is generally temporary in nature
and intended to be viewed from the pedestrian realm.
2.
Special Standards.
a.
Sidewalk Signs must be placed directly in front of the premises
that owns and is placing the sign within ten (10) feet of the building
entry.
b.
Sidewalk Signs must be removed when the business is closed.
c.
Sidewalk Signs must allow for a minimum of four feet of clearance
as per ADA standards.
d.
Prior to issuance of a Sidewalk Sign permit, Applicants must
submit an executed indemnification form to the City.
e.
Changeable Copy Signs are permitted.
L.
Drive-Thru or Drive-In Sign.
|
|
|
|
Area Max (sq ft)
| |
|
Drive-thru (per sign face)
|
60
|
|
Drive-In (per sign face)
|
9
|
|
Height Max (ft)
| |
|
6
| |
|
Width Max (ft)
| |
|
N/A
| |
|
Number of Signs
| |
|
Signs per drive-thru lane, max
|
1
|
|
Signs per drive-in ordering station, max (2-sided allowed)
|
1
|
|
Setbacks and Spacing
| |
|
Setbacks
|
N/A
|
|
Illumination
| |
|
Internal or External
| |
|
Vertical Clearance from Grade
| |
|
N/A
| |
|
Changeable Electronic Variable Message Signs
| |
|
Allowed
| |
1.
Description. A sign erected in conjunction with a use that incorporates
a drive-thru or drive-in, placed adjacent to a drive-thru lane or
drive-in parking space to be read by patrons in a vehicle.
2.
Special Standards.
a.
A drive-thru or drive-in sign shall only be allowed on property
zoned to allow a drive-thru or drive-in use by right or by specific
use permit. A sign permit for such sign shall not be issued until
a specific use permit, if required, is issued.
b.
A drive-thru or drive-in sign can be a Changeable Electronic
Variable Message Sign (CEVMS) and is exempt from 4.02.06.
c.
A drive-thru sign shall be supported from the grade to the bottom
of the sign having or appearing to have a solid base. The design,
materials, and finish of the sign shall match those of the building(s)
on the same lot.
d.
A drive-in sign shall be supported from the grade to the bottom
of the sign having or appearing to have a solid base. If the drive-in
stalls are covered by a canopy, the drive-in sign may be attached
directly to the canopy support columns. The design, materials, and
finish of the drive-in sign shall match of those of the building(s)
on the same lot.
e.
A drive-thru or drive-in sign that engages a speaker or other
form of audible communication between the vehicle and store shall
conform to all noise and nuisance regulations of the City of Buda.
M.
Temporary Signs Submit to Permit.
1.
Temporary Signs Submit to Permits, including banners, on private
property shall be allowed only upon the issuance of a Temporary Signs
Submit to Permit permit unless otherwise noted in this subsection,
shall not be a prohibited sign, and shall be subject to the following
requirements:
a.
Term. A Temporary Signs Submit to Permit permit shall allow
the use of a Temporary Signs Submit to Permit for a specified 30-day
period.
b.
Number. Only one Temporary Signs Submit to Permit permit shall
be issued on a lot during any consecutive four (4) month period.
c.
Exemptions. A Temporary sign is allowed for an additional 30
day period from the time a Certificate of Occupancy is issued without
obtaining a Temporary Sign Permit.
2.
Signs for Properties in a State of Functioning as a Model Home.
Temporary Signs not exceeding thirty-two (32) square feet in area
and eight feet in height may be erected on a lot containing a home
during the time period the home is being used as a model for the construction
of new residential homes.
3.
Size. Temporary Signs shall not exceed thirty-two (32) square
feet in area.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2021-10 adopted 4/20/2021; Ordinance 2023-03 adopted 5/2/2023)
The following signs, if located on private real property with
the consent of the property owner (unless otherwise stated) are exempt
from regulation under this Subsection:
1.
Public Signs. Any public notice, warning or traffic control
device required by federal, state or local law, regulation, or ordinance,
including those on public property;
2.
Signs
on Properties in a State of Being for Sale or Lease. Up to two (2)
temporary signs not exceeding six square feet in area and three feet
in height when posted in residential zoning districts, or temporary
signs not exceeding 64 square feet in area and 12 feet in height when
posted in other zoning districts, when posted during time periods
when the property on which the signs are located is for sale or lease,
and such signs do not remain more than seven (7) days after the property
is sold or leased;
3.
Signs
on Properties in a State of Construction. Up to two (2) temporary
signs placed on construction sites not exceeding 64 square feet in
area after approval of a site plan, and which do not remain erected
for more than seven (7) days after the completion of the construction
project;
4.
Works
of Art. Works of art that do not include a commercial message, including
painted or applied wall accents and decorations;
5.
Holiday
Lights. Holiday lights and decorations with no commercial message;
6.
Incidental
Signs. Traffic-control signs on private property, such as stop, yield,
and similar signs, the face of which meet Texas Manual on Uniform
Traffic Control Devices standards and that contain no commercial message
of any sort, and similar incidental signs related to internal traffic
flow;
7.
Residential
Signs.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2021-10 adopted 4/20/2021)
B.
Multi-Tenant Center or One Lot with Multiple Buildings.
1.
For the purposes of this section, "multiple buildings on one
lot" does not include accessory buildings.
2.
Common Signage Plan shall contain the following information:
a.
An accurate plot plan of the lot(s) at a minimum 1" =20' scale,
or as approved by the City;
b.
The location of buildings, parking lots, driveways, landscaped
areas on such lot, and any other information as required by the City;
c.
Calculation of the maximum total sign area, the maximum area
for individual signs, the maximum height of signs and the maximum
number of Freestanding Signs allowed on the lot under this Subsection;
d.
An accurate indication on the plan of the proposed location
of each present and future sign of any type, regardless of whether
a permit is required; and
e.
An accurate depiction of the sign structure and materials, specifying
standards for consistency among all signs on the lot(s) affected by
the plan with regard to color scheme, lettering or graphic style,
lighting, location of each sign on the buildings, materials, and sign
proportions.
3.
No more than one (1) Freestanding Sign shall be allowed for
each street on which the lot has frontage.
4.
If the signage in the plan meets all requirements listed above,
then a twenty (20) percent increase in the maximum sign area shall
be allowed for each sign, excluding Freestanding Signs.
C.
Multiple Adjacent Lots.
1.
Common Signage Plans are encouraged but not required for adjacent
lots.
D.
Existing Signs Not Conforming to Common Signage Plan.
1.
If any new or amended Common Signage Plan is filed for a property
on which existing signs are located, it shall include a schedule for
bringing all signs into compliance with this Subsection within three
(3) years from the date of approval of the plan or amended plan.
2.
Common Signage Plan may contain such other restrictions as the
owners of the lots may reasonably determine.
E.
Consent. The Common Signage Plan shall be established by all
owners or their authorized agents in such form as the Director of
Planning may require.
F.
Procedures. A Common Signage Plan shall be included in any development
plan, site plan, planned unit development plan, or other official
plan required by the City for the proposed development and shall be
processed simultaneously. The Director of Planning may review the
Common Signage Plan and approve it provided it meets all requirements
of this Subsection. Otherwise he may approve it with conditions; or
may deny the plan.
1.
Amendment. A Common Signage Plan may be amended by filing a
new Common Signage Plan that conforms with all requirements of this
Subsection.
2.
Binding Effect. After approval of a Common Signage Plan, no
sign shall be erected, placed, painted, or maintained, except in compliance
with such plan, and such plan may be enforced in the same way as any
provision of the Subsection. In case of any conflict between the provisions
of such a plan and any other requirement of this Subsection, this
Subsection shall control.
(Ordinance 2017-13 adopted 10/2/2017)
A.
The owner of any premise on which there is displayed or maintained
any abandoned or dilapidated signs shall comply with the following
requirements:
1.
The owner of any dilapidated sign shall remove the sign within
thirty (30) days after receiving written notice from the Director
of Planning or the adoption of this Subsection, whichever is later;
2.
The owner of a supporting structure used or designed to be used
with a dilapidated sign shall remove the supporting structure within
thirty (30) days after receiving written notice from the Director
of Planning.
3.
If an abandoned supporting structure does not have a can, frame,
or similar part of the supporting structure that would hold the sign
or to which the sign would be attached, the supporting structure shall
be removed or made to comply with the provisions of the Subsection.
4.
Any modifications, alterations or changes to an abandoned sign
or supporting structure shall be made in full compliance with the
requirements of this Subsection.
5.
Any dilapidated sign or dilapidated supporting structure not
in compliance with this Subsection is an unlawful sign and may be
removed by the City in compliance with C below and the owner may be
prosecuted or be enjoined from continuing such violation.
6.
If a sign that conforms to the regulations of this Subsection
is abandoned, the owner, user, and persons who benefit from the sign
and the owner, operator, and tenants of the property on which the
sign is located shall remove it, paint out or cover the message portion
of the sign, put a blank face on the sign, or otherwise bring it into
compliance with this Subsection so as to leave the message portion
and supporting structure neat and unobtrusive in appearance, within
ninety (90) days after receiving written notice from the Director
of Planning.
B.
The following are required for the use, display, maintenance,
or permitting of an alteration of any abandoned sign or supporting
structure regardless of when the sign was abandoned:
1.
Like Material. Only the same like, or better quality material
as that being replaced shall be used as a face on or in the abandoned
sign. The face of the supporting structure must be one that the supporting
structure is designed to support.
2.
Covered Messages.
a.
Abandoned signs may be painted in order to "blank" the face.
b.
However, the paint must completely cover the sign face or message
portion of the structure. The covered, painted over message must not
show through the paint.
c.
Covered sign faces must be of a material or substance that renders
the resulting sign face completely blank, opaque, and resistant to
deterioration. It is a violation of these regulations to allow a covered
message to bleed or show through the paint or covering.
d.
Routed, embossed, or raised messages or sign copy must not be
visible to the ordinary observer, if the face or message is blanked.
3.
No person shall alter an abandoned sign or supporting structure
without first obtaining a permit to do so from the Director of Planning.
C.
Sign Violations and Removal.
1.
The City Manager shall have the authority to issue a sign violation
notice and shall be empowered to enter upon the premises of any person
within the City or its ETJ for the purpose of enforcing the provisions
herein.
2.
The City is authorized to take all legal means to ensure that
a sign violation is removed or remedied.
3.
When a sign requiring a permit is erected without a sign permit,
the City Manager shall use the following procedures.
a.
The City shall give written notice of violation to the responsible
party or to the occupant of the premises if the responsible party
is not known. The notice shall include a description of the violation,
the date such violation was noted, instructions to contact the City
Manager to apply for a permit for the sign, if applicable, and the
fine schedule if the notice is not heeded, refused or unclaimed. The
notice is deemed delivered when deposited in the United States Postal
Service mail, with postage paid to the last known address of the party
responsible for such sign.
b.
If the City is unable to deliver written notice to the responsible
party, a telephone call shall be made by the City Manager, date and
time recorded, informing the owner of the premises on which the sign
is located that on a set day, a fine shall commence to be assessed
to the owner of the sign for each day of the violation until the sign(s)
are removed.
c.
If, within ten (10) calendar days, the responsible party fails
to contact the City Manager in writing, bring the sign into conformance
with this Code, or apply for a permit for the sign, the City Manager
shall have the sign removed or impounded without further notice, or
shall fine the owner on a daily basis as set forth within this Code.
d.
The party responsible for the sign shall, upon conviction, be
guilty of a misdemeanor and shall (a) forfeit both the sign and any
permit associated with the sign; and (b) pay the fines set by the
court, not to exceed the fines specified in 1.01.05. Violations and
Fines for each violation. Each day of the continued violation shall
constitute a separate violation.
4.
Impoundment of Signs.
a.
The Director of Planning shall have the authority to remove
all signs, without notice to the owners thereof, placed within any
street or highway Right-of-Way, or attached to trees, telephone and
utility poles, other natural features or signs otherwise prohibited
or not authorized by this Code, and to immediately and permanently
dispose of the signs.
b.
The owner of an impounded sign may recover the same upon payment
of an impoundment fee for each sign, and all costs associated with
the removal of the sign, prior to the expiration of the fourteen (14)
day impoundment period; in the event the sign is not claimed and retrieved
from the City's possession within fourteen (14) days, the Director
of Planning shall have authority to dispose of such sign. The owner
shall be responsible for all costs associated with removal and disposal
of the sign.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Applicability. The owner of property seeking to erect, move, add to, or alter a sign within the city limits or the ETJ may seek relief from the regulations found in Section 4.02 of this Code by requesting a Sign Variance from the Planning and Zoning Commission.
B.
Review Process and Application.
Sign Variance: The owner of the affected property or authorized
agent may seek a Sign Variance by applying to the City Manager on
such forms and with such supporting documents as may be required by
the City.
Sign Regulation Administrative Appeal: An applicant for relief
may appeal the decision of the City Manager or city staff to the Planning
and Zoning Commission within ten (10) days of the written decision
of the City Manager or city staff on such forms and with such supporting
documents as may be required by the City.
The Planning and Zoning Commission shall set a hearing on the
appeal of the staff decision, give public notice thereof, as well
as written notice to the parties of interest, and decide the same
within thirty (30) days of the making of the appeal. Any party may
appear at the hearing in person or by agent. The Applicant bears the
burden of proof in establishing that relief is justified. The ruling
of the Planning and Zoning Commission is final, unless the applicant
timely appeals the ruling to the City Council for review and final
action.
C.
Sign Regulation Variance. The Planning and Zoning Commission
is authorized in specific cases to grant a Sign Variance from the
Sign Regulation terms, standards, and criteria when such cases are
shown not to be contrary to the public interest if, owing to special
conditions, a literal enforcement of the provisions of the Sign Ordinance
will result in an undue hardship and so that the spirit of the ordinance
shall be observed and substantial justice done.
D.
Sign Variance Criteria. No Sign Variance shall be granted without first having given public notice and having held a public hearing on the Sign Variance request in accordance with 2.10.04. In considering whether to grant relief from the sign regulations in Section 4.02 of this Code, the Planning and Zoning Commission may consider whether:
1.
There are special or unique circumstances or conditions arising
from the physical surroundings, shape, topography, or other feature
affecting the property on which the sign is to be located;
2.
The circumstances causing the hardship similarly affect all
or most properties in the vicinity of or similarly classified as the
applicant's property;
3.
The proposed sign location, configuration, design, materials,
colors, and supporting structure are harmonious with the surrounding
structures;
4.
The variance request includes mitigation measures related to
the sign in question or other signs on the same premises;
5.
The request is the minimum amount necessary to meet the needs
of the applicant and satisfy the standards of the sign regulations;
6.
The relief sought alters the character of, or impairs the use
of, adjacent properties;
7.
The hardship suffered by the applicant is caused wholly or in
substantial part by the applicant;
8.
The relief is sought is not primarily for financial reasons;
and
9.
Granting of the Sign Variance will be in harmony with the spirit
and purpose of the sign regulations.
|
The Planning and Zoning Commission may authorize the remodeling,
renovation, or alteration of a sign when some nonconforming aspect
of the sign is thereby reduced.
|
E.
Variance Conditions. The Planning and Zoning Commission may
impose conditions upon the granting of a variance under this section.
Such conditions must be related to the variance sought and be generally
intended to mitigate the adverse effects of the sign on neighboring
tracts and the general aesthetic ambiance of the community. A non-exhaustive
list of examples of conditions include increased setbacks, added vegetation,
muted colors, and decreased lighting. The Planning and Zoning Commission
may condition sign variances on the responsible party bringing other
existing, nonconforming signs into compliance with current regulations.
A responsible party's failure to comply with conditions placed on
a variance may result in the Planning and Zoning Commission voiding
the variance and authorizing all available code enforcement actions
and other remedies available in equity or at law.
F.
Appeal of a City Administrative or Interpretative Decision related
to Sign Regulations.
1.
Any person, department, board, or bureau of the City affected
by any administrative officer acting pursuant to the UDC's Sign Regulations
shall appeal to the Planning and Zoning Commission.
2.
In exercising the Planning and Zoning Commissions' authority
herein, the Planning and Zoning may reverse or affirm, in whole or
in part, or modify the City administrative official's order, requirement,
decision, or determination from which an appeal is taken and make
the correct order, requirement, decision, or determination, and for
that purpose the Planning and Zoning Commission has the same authority
as the City's administrative official.
3.
Public hearings shall be held in accordance with 2.10.04. Public
Hearings and Notification Requirements.
(Ordinance 2022-16 adopted 6/21/2022)
