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)
