The following words and phrases shall have the meaning respectively ascribed to them by this chapter. Where terms are not defined, they shall have their ordinarily accepted meaning within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings.
Air-supported structure
means a device or structure composed of flexible or pliable material which is inflated or the shape of which is maintained by air or other gas, including but not limited to, balloons tethered so that the balloon itself is in contact with the ground, and devices and structures into which air is continuously or periodically injected by fans.
Awning
means a structure made of cloth, metal or other material possessing characters, letters, illustrations or ornamentations affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.
Building
means a structure which has a roof supported by columns, wall or air for the shelter, support, or enclosure of persons, animals or chattels.
Building official
means the chief building official of the city or the chief building official's designee.
Bus bench
means an outdoor bench designed and intended for persons to sit while resting and awaiting pickup by public transportation services.
Bus bench sign
means a noncommercial or informational sign placed on the back of a bus bench or on an enclosure erected by the Fort Worth Regional Transportation Authority for the purpose of sheltering persons awaiting pickup by the authority.
Canopy
means a structure other than an awning made of cloth, metal or other material possessing characters, letters, illustrations or ornamentations, with frames affixed to a building and carried by a frame, which is supported by the ground.
Commercial sign
means a sign conveying, through language, graphics, pictures, or other device or artifice, a message intended to advertise, promote, or induce a person to purchase any commercial product or service from an nongovernmental entity.
Effective area, attached sign,
means the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. Effective area shall also be referred to as "size" (see section 62-146, Illustration 1).
Effective area, ground sign.
See effective area, monument sign.
Effective area, monument sign,
means the area enclosed by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign location above the ground including the sign base. The measurement is to be calculated from a viewpoint which gives the largest rectangle of that kind. Double-faced signs constructed so that the faces are within 45 degrees of one another shall be considered one sign face. The effective area shall also be referred to as "size" (see section 62-146, Illustration 1).
Effective area, other sign,
means signs that do not meet the definition of attached signs or monument signs shall be referred to as other signs. The effective area of other signs shall be calculated by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign exclusive of its supports. Double-faced signs constructed so that the faces are within 45 degrees of one another shall be considered one sign face. Effective area shall also be referred to as "size."
Electronic message center
means a sign comprised of non-permanent letters, numerals, or symbols that uses electronic data control components for the display of text, messages, or advertising, provided, however, that the display may not flash, change color, scroll, or otherwise change for the purpose of attracting attention of passersby.
Facade
means any separate face of a building, including parapet walls and omitted wall line, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction or in other directions within 45 degrees of one another, they are to be considered as a part of a single facade.
Height, detached sign,
means as measured from highest point of top of sign to average grade of right-of-way frontage.
Informational sign
means a sign conveying, through language, graphics, pictures, or other device or artifice, a message intended to provide a person with information regarding governmental services, schedules, or other current events not related to any commercial product or service offered by a nongovernmental entity.
Marquee
means a permanent structure extending from part of the roof or wall of a building but not supported by the ground, and constructed of durable material such as metal, plastic or glass.
New business
means a business or commercial operation which has obtained a new certificate of occupancy from the City of Richland Hills, based upon a change of fee or leasehold ownership, provided, however, that none of the following shall be considered a "new business": (1) assignment or transfer of an existing business or commercial operation between a person and another person within the third degree of affinity or consanguinity of the person assigning or transferring such interest; (2) assignment or transfer of an existing business or commercial operation between a person and a corporation, company, partnership, or other entity owned in whole or in part by the person assigning or transferring such interest, or another person within the third degree of affinity or consanguinity of the person assigning or transferring such interest; or (3) assignment or transfer of an existing business or commercial operation between a corporation, company, partnership, or other entity and any affiliated corporation, company, partnership, or other entity, including any corporation, company, partnership, or other entity which owns or is owned in whole or in part by the corporation, company, partnership, or other entity assigning or transferring such interest.
Noncommercial sign
means a sign conveying, through language, graphics, pictures, or other device or artifice, a message other than one intended to advertise, promote, or induce a person to purchase any commercial product or service from an nongovernmental entity.
Normal maintenance operations
means the process of keeping a sign in good repair. Maintenance operations include: (1) cleaning; (2) painting; (3) repair of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all repairs performed during any consecutive 365-day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location; and (4) replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive 365-day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location. Examples of actions that are not maintenance operations include, without limitation: (1) converting a sign from a multiple pole structure to a monopole structure; (2) replacing wooden components with metal components; (3) increasing the area or height of a sign, except for increases in area permitted under subsection (1) above; (4) adding illumination to a non-illuminated sign; (5) adding additional display faces; and (6) converting a sign to utilize animated display or moveable copy technology.
Obscene,
in this article, means a material or performance defined in Section 43 of the Texas Penal Code, as amended.
Premises
means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination is under single ownership and is reflected in the plat record of the city.
Premises, dwelling,
means a lot zoned R1-L, R-1 or R-2 that is occupied by a residential housing structure.
Public right-of-way
means a dedicated road or street including the easement for that road or street.
Setback,
means the distance of the closest part of the sign to the described measuring point, including any portion of the sign that extends outwards from the base of the sign.
Sign
means any device, flag, banner, light, plaque, poster, or other display, and any structure supporting any of the same, visible from outside the premises on which it is located either the intent of which or the likely effect of which is to provide information or attract the attention of persons not on such premises. A device, flag, banner, light, plaque, poster, or other display which is located inside of a building shall also be considered a sign if any of the following apply: (1) Such device, flag, banner, light, plaque, poster, or other display is (a) illuminated or backlit; and (b) either has an effective area greater than eight square feet, or the height or width of any single figure, graphic design, picture, letter, word, or symbol on such device, flag, banner, light, plaque, poster, or other display is 12 inches or greater; or (2) such device, flag, banner, light, plaque, poster, or other display is placed less than 48 inches from the interior surface of a window or other transparent opening in the building.
Sign, abandoned,
means a sign which either: (a) advertises or identifies a business, lessor, service, owner, product or activity that has, for at least six continuous months, been inactive on the premises on which the sign is located; or (b) inaccurately advertises or identifies the name or type of business, lessor, service, owner, product or activity that is on-going on the premises on which the sign is located.
Sign, attached,
means any sign attached to, applied on, or supported by, any part of a building, such as a wall, roof, window, canopy, awning, arcade, or marquee.
Sign, banner,
means a sign which is composed of cloth, plastic, paper or canvas.
Sign, construction,
means a sign identifying individuals or companies involved in the design or construction, wrecking, financing or development of premises where such sign is placed.
Sign, dilapidated or deteriorated,
means a sign which is either: (a) visibly cracked or damaged, or, in the case of a painted sign, the paint is cracked and peeling, or in the case of wood or similar products, splintered, in such a way as to constitute an unsightly or harmful condition or which renders the sign unsafe; or (b) twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support).
Sign, detached,
means any sign supported by poles or a base, freestanding, in or upon the ground, independent of support from any building or structure.
Sign, ground,
means any detached sign which is not a monument or pole sign.
Sign insert
means any object or device that, whether by design or otherwise, may be inserted into any device, flag, banner, light, plaque, poster, or other display, including one composed of wire or chain link fencing or similar material, in close proximity to other sign inserts such that either the intent or the likely effect of such sign inserts considered together or individually is to provide information or attract the attention of persons not on such premises. Sign inserts shall constitute a "sign" as that term is defined in this chapter.
Sign, letter,
means any individual letter or group of letters attached to a building shall constitute a sign. The area of such sign shall be the smallest area encompassing the word in the form of a square, rectangle, triangle, circle or combination thereof.
Sign, monument,
means any detached sign which is of monolithic or semimonolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade (see section 62-146, Illustration 2).
Sign, movement control,
means a sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located.
Sign, nonconforming,
means a sign lawfully existing or under construction on the effective date of the ordinance codified in this chapter which does not conform to one or more of the provisions of this chapter.
Sign, off-premises,
means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises, on which the sign is located.
Sign, pole,
means any detached sign which is wholly supported by poles or columns.
Sign, political,
means any type of sign which refers only to the issues or candidates involved in a political election.
Sign, portable,
means a sign designed or constructed or used to facilitate the placing or moving of the sign from one location to another.
Sign, premises,
means a sign identifying or advertising a business, person or activity, and installed and maintained on the same premises as the business, person or activity.
Sign, protective,
means any sign which is commonly associated with safeguarding the permitted use of the occupancy, including, but not limited to, "bad dog," "no trespassing" and "no solicitors."
Sign, real estate,
means a sign which is used to offer for sale, lease or rent, the premises or portions of the premises upon which the sign is placed.
Sign, subdivision,
means a sign that identifies the name of the subdivision only.
Sign, support,
means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that such fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.
Sign, temporary real estate directional,
means a temporary off-premises sign used to direct traffic to a residential section or subdivision or location in the city.
Sign, temporary,
means a sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time only. It does not include a sign constructed of metal or wood.
Sign, vehicular,
means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site for permanent erection.
Visibility triangle
means an imaginary triangle which has two sides which start at the center point of the intersection of two streets, along the curb line and measuring ten feet in length down each respective street along the nearest edge of the driving surface. The line connecting the end points of these two lines forms the third side of the triangle. See diagram attached to [Ordinance 1041-06] as Exhibit A.
Zoning district, business,
means any zoning district designated by the zoning ordinance of the city as C-1, C-2, I-1 or I-2.
Zoning district, non-business,
means any zoning district designated by the zoning ordinance of the city as R-1L, R-1, R-2, R-3 or R-4.
[Ord. No. 817-97, § 2, 5-13-1997; Ord. No. 924-02, § 1, 2-12-2002; Ord. No. 981-04, § 1, 3-23-2004; Ord. No. 1028-05, § 1, 9-27-2005; Ord. No. 1041-06, § 1, 1-10-2006; Ord. No. 1074-06, § 1, 12-12-2006; Ord. No. 1223-12, § 1, 1-10-2012]
Signs use private land and the sight lines created by the public right-of-way to inform and persuade the general public by publishing a message. This chapter provides standards for the erection and maintenance of signs. All signs not exempted shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public and in part to achieve the following:
(a) 
Safety.
To promote the safety of persons and property by providing that signs do not:
(1) 
Create a hazard due to collapse, fire, collision, decay or abandonment;
(2) 
Obstruct firefighting or police surveillance; and
(3) 
Create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
(b) 
Communications efficiency.
To promote the efficient transfer of information in sign messages by providing that:
(1) 
Those signs which provide messages and information most needed and sought by the public are given priorities.
(2) 
Business and services may identify themselves.
(3) 
Customers and other persons may locate a business or service.
(4) 
No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes.
(5) 
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore such messages, according to the observer's purpose.
(c) 
Landscape quality and preservation.
To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs do not:
(1) 
Interfere with scenic views;
(2) 
Create a nuisance to persons using the public right-of-way;
(3) 
Create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and
(4) 
Are not detrimental to land or property values.
[Ord. No. 817-97, § 1, 5-13-1997]
The following signs are specifically exempt from the provisions of this chapter:
(a) 
Movement control signs.
Movement control signs may be erected at any occupancy or any premises, other than single-family or duplex premises; may be attached or detached and may be erected without limits as to number, provided that such signs shall comply with all other applicable requirements of this chapter. Movement control signs shall be premises signs only. The occupant of a premises who erects a movement control sign shall comply with the following requirements:
(1) 
Each sign must not exceed three square feet in effective area.
(2) 
If a sign is an attached sign, the words must not exceed six inches in height.
(3) 
Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premises on which the sign is located.
(4) 
The signs must contain no advertising or identification message.
(b) 
Protective signs.
The occupant of a premises may erect not more than two protective signs, in accordance with the following provisions:
(1) 
Each sign must not exceed two square feet in effective area.
(2) 
Detached signs must not exceed two feet in height.
(3) 
Letters must not exceed four inches in height.
(c) 
Government signs.
Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies.
(d) 
Holiday lights and decorations.
Temporary lights and holiday decorations shall be exempt from the terms of this chapter.
(e) 
Non-illuminated political signs.
With the permission of the property owner or tenant, non-illuminated political signs may be erected in any zoning district with no limitation as to their number. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure. On lots where no sidewalk exists within the street right-of-way, the sign shall be located in such a manner so as not to cause a traffic hazard or otherwise obstruct a motorist's view of traffic on an intersecting street or driveway. Signs cannot be erected sooner than 30 days prior to the beginning of early voting and must be removed within ten days of the completion of the election. Any sign authorized in this subsection is allowed to contain a noncommercial message in place of any other authorized commercial or noncommercial message. Political signs may not:
(1) 
Have an effective area greater than 36 feet;
(2) 
Be more than eight feet tall;
(3) 
Be illuminated; or
(4) 
Have any moving parts.
[Ord. No. 817-97, § 5, 5-13-1997; Ord. No. 898-01, § 1, 6-26-2001; Ord. No. 1284-14, § 1, 10-21-2014; Ord. No. 1371-18, § 1, 10-22-2018]
The following types of signs are expressly prohibited within the city, and any person who displays or constructs such a prohibited sign, any person who retains or requests any person to display or construct such a prohibited sign, and any person who permits the display or construction of any such prohibited sign on property owned or leased by them commits an offense under this chapter:
(1) 
Signs that imitate traffic signs or emergency signs. Such signs may contain any combination of forms, words, colors or lights, which imitate standard public traffic regulatory or emergency signs or signals.
(2) 
Portable signs, except for those temporary portable signs allowed under section 62-172.
(3) 
Signs erected in violation of the building or electrical code of the city.
(4) 
Signs attached to or maintained upon any tree, public utility pole or structure.
(5) 
Signs attached to or painted on any sidewalk, curb, gutter or street, except house address numbers.
(6) 
Signs that move, flash light intermittently, change color or revolve unless specifically allowed in this chapter.
(7) 
Pole signs and flag poles unless specifically allowed by this chapter.
(8) 
Off-premises signs, except for those temporary portable signs allowed under section 62-172.
(9) 
Signs erected in the public right-of-way, except subdivision signs allowed under section 62-197.
(10) 
Signs attached to or painted on the outside of a fence or railing.
(11) 
Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance.
(12) 
Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Except a maximum of two vehicles may be parked at the vehicle owner's residence advertising the sale of the vehicles.
(13) 
Signs attached to a vehicle advertising a business and where the vehicle is parked in such a way to inform or attract the attention of persons using the public right-of-way. Parking of a vehicle at one site, and where it is obvious that the vehicle is parked at that location primarily to attract the attention of persons using the public right-of-way for four hours or more shall be prima facia evidence of noncompliance with this section.
(14) 
Signs located in any visibility triangle.
(15) 
Signs constructed with sign inserts, regardless of the location of the sign.
(16) 
Signs that are located upon or supported by the roof of a building or its roof support members, or signs that project directly above the roof of a building.
(17) 
Signs erected without a permit, either prior to or after the adoption of this chapter.
(18) 
Signs on which light is directed toward any public right-of-way, or which light illuminates a sign to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance.
(19) 
Signs which contain or display gestures or words which are obscene as defined in this article.
(20) 
Signs, other than a nameplate and address showing street number, painted on or affixed to a fence, railing or wall which is not a structural part of the building.
(21) 
Signs within any public land or right-of-way, or on any public sidewalk, curb, utility pole, gutter, or street, provided that the city council may grant an exception for special events, and further provided that city informational signs, including signs erected by the departments of public works and public safety are exempt from this subsection, and further provided that movement control, traffic control devices, street signs and directional signs placed by the city or state are also exempt from this section.
(22) 
Signs affixed to a tree, shrub, bush or other living material.
(23) 
Signs which obstruct free and clear vision for drivers of vehicles on public streets or roadways, or at any location whereby reason of position, shape, color, degree, manner or intensity of illumination it may interfere with vehicular or pedestrian traffic.
(24) 
Signs which encroach upon the visibility triangle of any street intersection, except as expressly permitted in such visibility triangle by this chapter.
(25) 
Signs which use words, phrases, symbols or characters, or employ any lamp or light in such a manner as to interfere with, mislead or confuse traffic.
(26) 
Signs attached to or upon any vehicle, including a trailer, when the primary use of said vehicle is to provide a base for such sign or constitute the sign itself.
[Ord. No. 817-97, § 4, 5-13-1997; Ord. No. 1028-05, § 2, 9-24-2005; Ord. No. 1041-06, § 2, 1-10-2006]
Any person, firm, governmental entity, partnership, corporation or other legal entity who violates or refuses to comply with any of the provisions of this chapter shall be fined not more than $500.00 for each such violation, unless state law imposes a different penalty. Each day that a violation is permitted to exist shall constitute a separate offense.
[Ord. No. 817-97, 5-13-1997; Ord. No. 1041-06, § 4, 1-10-2006]
Appendix H of the International Building Code, 2003 Edition, is adopted, with the exception of the following:
(1) 
Sections H.101.2., subsections 1, 3, 4 and 5, are deleted;
(2) 
The height and size limitations of this chapter shall be controlling; and
(3) 
Section H110.3, which is amended to read as follows:
A roof sign shall not be erected to a height greater than four feet from the roof surface. The area of a roof sign shall not exceed the size permitted for attached signs and shall be applied to the maximum size permitted for attached signs.
A copy of the appendix is incorporated herein by reference. All signs permitted under this article shall be constructed in accordance with the provisions of this chapter and the International Building Code. In the event of a conflict between this chapter and the International Building Code, the provisions set forth in this article shall prevail. In the event that the city council adopts a later version of the International Building Code, Appendix H of the International Building Code, 2003 Edition, shall be deemed to be deleted, and all provisions of such newly-adopted building code relating to signs, including any appendix, shall be deemed to be adopted and incorporated into this chapter, except to the extent such provisions are in direct conflict with this chapter.
[Ord. No. 1041-06, § 3, 1-10-2006]
Any sign authorized in this chapter is allowed to contain a noncommercial message in place of any other authorized commercial or noncommercial message without an additional permit or approval.
[Ord. No. 1371-18, § 2, 10-22-2018]