This chapter shall not be construed, applied, interpreted, nor
enforced in a manner to violate the First Amendment rights of any
person, and the designated city staff shall seek the advice and recommendation
of the city attorney prior to taking any action to enforce any provision
of this chapter with respect to any non-commercial sign or speech
by any person.
(Ordinance 17-626-13, § 2(A-2),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Actively being built
means the project or permit has continuous construction efforts
underway to complete the project. The project is considered inactive
if construction actively has been discontinued for over six months.
Activities and events sign
means an enclosed, marquee-type sign to provide public buildings
the opportunity to post notices of meetings, activities, and other
notices of interest to the entity it serves. The purpose of this sign
is to facilitate communication within the community served by the
public buildings.
A-frame
means a sign style which is typically, but not necessarily,
foldable or collapsible, portable, and meant to be easily moved.
Major throughfare street
means a street with access control, channelized intersections,
restricted parking, and that collects and distributes traffic to and
from minor thoroughfares and collector streets and to and from regional
highways. As used in these regulations, the term "major throughfare"
shall apply to all roads and frontage roads as designated on the master
thoroughfare plan adopted by the city.
Awning
means a shelter constructed of materials on a supporting
framework that projects from and is supported by the exterior wall
of a building.
Backlit sign
means a form of sign and illumination used in liquid crystal
displays (LCDs). As LCDs do not produce light themselves (unlike,
for example, cathode ray tube (CRT) displays), they need illumination
(ambient light or a special light source) to produce a visible image.
Backlights illuminate the LCD from the side or back of the display
panel, unlike front lights, which are placed in front of the LCD.
The purpose of back lighting signs is to place a light source behind
the sign copy to create a highlight that separates the sign text or
logo from the background so that the only object illuminated is the
text or logo.
Banner
means a sign made of fabric or any non-rigid material; intended
to be hung either with or without frames, possessing colors, characters,
letters, illustrations, or ornamentation applied to paper, plastic,
fabric, or netting of any kind, supported by wire, rope, webbing,
or similar means or through the grommets of the sign.
Beacon
means any light with a beam directed into the atmosphere
or directed at a point which is not on the same lot or tract of land
as the light source, or a light with one or more beams that rotate
or move. Such lights, unless required by the FAA, shall be expressly
prohibited. sign.
Billboard
means a sign advertising products not made, sold, used, or
served on the premises displaying such
Building
means any structure, either temporary or permanent, having
a roof or other covering, and designed or used for the shelter or
enclosure of any person, animal or property of any kind, including
but not limited to tents, awnings or vehicles situated on private
property and used for purposes of a building.
Canopy
means a freestanding structure with a roof supported by columns
but no walls.
Changeable copy sign (manual)
refers to a sign, or part of a sign, on which characters,
letters, or illustrations can be manually changed or rearranged without
altering the face or surface of the sign, such as a theater marquee,
a gasoline price sign, or a sign identifying the occupants of a shopping
center.
Changeable electronic variable message sign
means a sign where the message or image can be altered by
electronic means. This includes signs using light-emitting diodes
(LEDs) or other means of digital display to present a message or image.
Channel letter signs
means signs that typically are illuminated by LED or neon
light sources to individually illuminate sign letters and graphic
images to allow sign copy or a logo to be highlighted against the
background color or abuilding, as an alternative to a sign cabinet,
to create aesthetic sign appearance and to minimize light pollution.
Clearance (of a sign)
means the smallest vertical distance between the grade of
the adjacent street curb and the lowest point of any sign, including
framework and embellishments, but excluding sign supports.
Commercial
means locations where the principle use of the property is
not residential or multi-family.
Construction trade sign
means a sign that identifies the architect, engineer, financial
institution, builder, or other building trades contractor involved
in a construction project at the site where the sign is located.
Curbline
means an imaginary line drawn along the outermost part of
back of the curb and gutter on either side of a public street, or,
if there is no curb and gutter, along the outermost portion of the
paved roadway, or if there is no paved roadway, along the edge of
the traveled portion of the roadway.
Designated city staff
means any officer or employee, or person, designated by the
city to perform the duties set forth in this chapter to be performed
by the designated city staff.
Directional signs, motor and pedestrian traffic,
means an on-premises sign giving directions, instructions,
or facility information (e.g., parking or exit and entrance signs)
and may contain a business name or logo, but no advertising copy.
For developments with multiple buildings, building suites, or multiple
ring roads, a directional sign plan to ensure the ease in way finding
through a development may be submitted for administrative review.
Electrical sign
means a sign containing electrical wiring, connections, or
fixtures, or utilizing electric current, but not including a sign
illuminated by an exterior light source.
Electronic message sign
means a sign that includes provisions for programmable electronic
message and or image changes.
Event sign, on-site,
means a sign which is placed to advertise or mark the location
of an occasional event on the same site, other than a business event
at an establishment, such as a civic or other non-commercial ceremony,
an event for the members of an organization, an event at a residence
such as a garage sale or private party.
Extraterritorial jurisdiction (ETJ)
means, as defined by V.T.C.A., Local Government Code § 42.021,
land not within the corporate limits of the city, but land over which
the city has jurisdiction by virtue of the Texas Local Government
Code.
Façade
means all building wall elevations, including any vertical
extension of the building wall (parapet), but not including any part
of the building roof.
Face or surface
means the surface of the sign upon, against, or through which
the message is displayed or illustrated on the sign.
Flashing
means to light intermittently; to change colors intermittently
in order to achieve a flashing, fluttering, scrolling, undulating,
or rolling affect (i.e., LED displays). The scrolling of text in a
single color is considered to be flashing. Text that fades on or off
and is displayed for a time period defined in this chapter, is not
considered to be flashing.
Freestanding sign
means a sign that is not attached to a building but is permanently
attached to the ground.
Frontage
means a boundary line separating the public right-of-way
from the lot.
Government sign
means a sign installed, maintained, or used: By a city, school
district, county, state, or the federal government, required or specifically
authorized for the public purpose pursuant to regulations promulgated
by the state or federal government; or, by the city.
Gross surface area
means the entire area within a single continuous perimeter
enclosing the extreme limits of each sign. A sign having two surfaces
shall be considered a single sign if both the surfaces are located
back to back. In the event two or more signs share a single structure
(i.e., directory signs, or signs on V-shaped structures) each sign
or panel shall be considered separately for square footage purposes,
provided that the combined area of such signs cannot exceed the total
square footage allowed on a single sign.
Height (of a sign)
means the vertical distance between the finished grade before
the sign or grade of the adjacent street curb, whichever is greater,
measured to the highest point of the sign.
Human sign
means a sign held by or attached to a human for the purpose
of advertising or providing information about a business, commodity,
service, product, or other commercial activity. A person dressed in
a costume for the purpose of advertising or providing information
about a business, commodity, service, product, or other commercial
activity shall constitute a human sign. Human signs do not include
T-shirts, hats, or other similar clothing.
Illuminated sign
means any sign, or structure (such as an awning or canopy)
illuminated in any manner by an artificial light source of any kind,
either detached from the sign or a part thereof. Signs that are only
incidentally and indirectly illuminated as a result of a lighting
plan primarily designed as security lighting or landscape lighting
are not illuminated signs.
Incidental sign
means a small sign, emblem, or decal informing the public
of goods, facilities, or services available on the premises (e.g.,
a credit card sign or a sign indicating hours of business).
Inflatable sign
means any balloon or other device which is inflated by air
or other gas and displayed outdoors. Inflatable structures primarily
designed for recreational use shall not be considered to be a sign
as, for example: slides, swimming pools or space walks.
Information signs
means and includes bulletin boards, changeable copy directories,
or signs relating solely to publicly owned institutions (city, county,
state, school district) intended for use by the institution on which
the sign is located.
Integrated business development
means shopping centers, strip centers, or any tract of land,
designed as one development, on which more than one business or nonresidential
activity is located.
Intersection
means a place where two roads meet or form a junction. For
purposes of this chapter, sign setback distance is measured from the
intersections of the right-of-way lines (or property lines) of two
streets.
LED sign
means a semiconductor diode that emits light when a voltage
is applied to it and that is used especially in electronic devices,
such as signs and related visual messaging devices.
Marquee
means a permanent roof-like structure or awning or rigid
materials attached from, supported by, and extending from the facade
of a building, including a false mansard roof.
Memorial signs or tablets
means and includes freestanding historical markers in accordance
with state historical standards, or cornerstones with names and dates
of construction of a building when cut into a building surface or
inlaid upon it to become part of the building.
Menu boards
means freestanding or wall signs used for the purpose of
informing patrons of food, which may be purchased on the premises.
Model homes sign
means a temporary real estate sign placed in front of a group
of model homes that is removed from the premises upon sale of the
last model.
Monument sign
means a freestanding sign that is detached from a building
or structure and sits on the ground on a solid-appearing base with
no exposed structural supports, where the frame of the sign face is
set at grade with the ground as a monument.
Multi-family residential
means locations that contain three or more attached units
designed for residential use including town homes and condominiums.
Multi-tenant center identification sign
means the portion of the sign that identifies the general
name of the center or development as a whole. The sign shall include
only the name and address of the development.
Multi-tenant center sign
means a sign advertising two or more retail, wholesale, business,
industrial, or professional uses (not necessarily under single ownership)
utilizing common facilities including off-street parking, access,
or landscaping.
Nameplates
means nonelectrical, on-premises signs that communicate only
the name of the occupant of the address of the premises.
Nonconforming sign
means a sign that was lawfully installed at its current location
prior to the adoption or amendment of this chapter, but that does
not comply with the present requirements of this chapter.
Off-premises sign
means a sign referring to goods, products, or services provided
at a location other than that which the sign occupies.
On-premises sign
means a sign identifying or advertising the business, person,
activity, goods, products, or services located on the site where the
sign is installed, or that directs persons to a location on that site.
Parapet
means the extension of a false front or wall above a roofline.
Point-of-sale sign
means a sign advertising a retail item accompanying its display
(e.g., an advertisement on a product dispenser).
Pole signs
means freestanding signs supported by a structure extending
from and permanently attached to the ground by a foundation or footing,
with a clearance between the ground and the sign face.
Political sign
means a sign advertising a political candidate or party for
elective office or that advertises primarily a political message.
Portable signs
means signs not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, but not
limited to signs mounted on skids, trailers, wheels; signs converted
to A-frames; menu and sandwich board signs; balloons used as signs;
umbrellas used for advertising.
Primary beneficiary
means any person or business that benefits from the installation,
placement, construction, or alteration of a sign, including the owner
or tenant of the property upon which the sign is located and the owner
or operator of the business, product, service, or activity that is
the subject of the sign.
Private traffic control signs
means small traffic directional signs indicating interior
circulation of parking areas on site, warn of obstacles or overhead
clearance, or designate permissible parking.
Projecting signs
means a sign used to identify the name of a business, profession,
service, product or activity conducted, sold, or offered on the premises
where the sign is located by providing an advertising message that
is perpendicular to the wall of the building to which it is attached.
Pylon sign (monument style)
means a sign which is either mounted on a base, or as self-supporting
structure, or structures, with a faux base, at least as wide as the
sign, with no ground clearance.
Pylon sign (non-monument)
means a freestanding sign supported by a structure, or structures,
extending from and permanently attached to the ground by a foundation
or footing, with a clearance between the ground and the sign face.
Real estate signs
means temporary signs advertising the real estate upon which
the sign is located as being for rent, lease, or sale.
Residential
means locations where the principal use of the property is
for one-and two-family dwelling units.
Roof sign
means any sign installed over or on the roof of a building.
Sight triangle
means a visibility area at the intersection of streets (public
or private) and driveways, to remain clear of obstructions that could
impact intersection visibility. This area is defined by a 45-degree
triangle, with right angle sides a minimum length of 25 feet from
a point where the projected curb lines of streets or driveways would
intersect. The site triangle is 45 degrees at the intersections of
arterial streets, highways and primary entrances to major developments.
Sign
means any surface, display, design, light device, painting,
drawing, message, plaque, poster, billboard, or other device visible
from the public right-of-way on which letters, illustrations, designs,
figures, or symbols are painted, printed, stamped, raised, projected,
outlined, or attached in any manner whatsoever that are intended or
used to advertise, inform, or attract the attention of persons both
on and not on that premise. The term "sign" also includes the supporting
structure of the sign.
Sign area
means and includes all lettering, wording, logos, design,
symbols, framing, roofing, and cabinets, or modules, calculated according
to the provisions established in this chapter.
Sign panel
means an individual sign placard displaying directional information
on a sign kiosk.
Single (primary) tenant developments
means a development with one primary use, such as a retail
department store. If the single, or primary tenant of the development
should happen to have an accessory use or building on the same property,
such as, not limited to, a gas station or car wash, the secondary
use is considered to be a part of a primary use (single use) development.
Should the outlot or pad site where an accessory use is located happen
to be sold, such an arrangement does not entitle the pad lot to primary
use signage.
Subdivision
means the subdivision in its entirety, not a phase, section,
village, unit, or product line.
Temporary sign
means any sign that is used temporarily and is not permanently
mounted (i.e., on stakes or posts), and is constructed of cardboard,
foam board, cloth, canvas, fabric, plywood, or similar lightweight
material. A portable sign is not a temporary sign.
Temporary wall signs
means an on-premises wall sign of a nonpermanent nature advertising
a special event, sale, product, or service.
Variance
means approval from the city council to depart from the strict application of the provisions of this chapter, as per section
46-25.
Wall sign
means a sign attached to the facade of a building or a canopy.
Wall signs include signs on or affixed to walls, awnings, or other
parts of the exterior of a building or canopy.
(Ordinance 17-626-13, § 2(A-4),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
The following signs are prohibited from installation, construction,
repair, alteration, location or relocation within the city, except
as otherwise permitted in this chapter:
(1) Signs with flashing lights, revolving beacon lights, fluttering, undulating, swinging, or otherwise moving (motion) parts. For purposes of this chapter, an electronically controlled changeable copy sign is not considered a flashing sign unless it directly falls under the definition of "flashing" as defined in section
46-4.
(2) Billboards, including digital billboards; unless otherwise authorized by section
46-12(l) of this chapter.
(3) Off-premises
signs, and any other sign specifically authorized in this chapter
that are not compliant with this chapter.
(4) Portable
signs; including, but not limited to A-frame signs, signs on wheels,
signs not permanently mounted of fixed to a permanent location, such
a light fixture, and banners, pennants and streamers or any fabric
or material designed to blow or float in the wind to attract attention
to a business. This definition does not regulate official flags or
road construction signs.
(5) Temporary signs except as specified in section
46-18.
(6) Signs
placed on a vehicle or trailer that is parked or located for the primary
purpose of displaying a sign shall be permitted.
(7) Signs
painted on fences or roofs.
(9) Signs,
objects or structures that obstruct or diminish the sight triangle.
(10) Light emitting diode (LED) graphic displays or message signs, with the limited exception of those LED signs that comply with the LED requirement in section
46-20(e). Such signs, when authorized, shall comply fully with the requirements of this chapter. Electronic message signs are allowed only as an accessory element of a sign and shall not exceed 25 percent of the sign area. Messages shall be programmed to remain static for a period of not less than eight seconds and shall not be programmed to flash, move, or scroll. Message and imagine changes shall dissolve, or fade into a subsequent message or image.
(11) Sign
copy on outdoor street furniture, bus stops, public facilities, or
outdoor mechanical equipment, such as a back-flow preventer, communication
antenna, or similar appurtenances.
(12) Parked
motor vehicles or trailers shall not be parked or stored in manner
to display an advertising message.
(Ordinance 17-626-13, § 2(A-10),
adopted 3/16/2017; Ordinance
19-668-14, § 1, adopted 11/21/2019; Ordinance 22-705-15, § 1,
adopted 11/17/2022; Ordinance 23-712-15 adopted 6/15/2023)
The following types of signs shall be exempt from the permitting
provisions of this chapter. However, regulations regarding sign location
in a public right-of-way or public access easement shall apply. It
is further specifically provided that the designated city staff may,
based upon the size, materials used in construction, and other relevant
factors, require the owner of any sign to show evidence of structural
soundness and compliance with the safety requirements of this chapter.
(1) Any
sign erected by or under the authority of the city on property owned
by the city.
(2) Street
identification signs, public notices, and warning signs installed
by any city, county, state or federal agency.
(3) Historical
markers or plaques placed by a city, county, state or national historical
preservation organization.
(4) Signs
located on-premises or inside a building and which are not displayed
so as to be legible from a public street, including, but not limited
to, such signs as credit card decals, hours of operation signs, emergency
contact information, and barber poles.
(5) On-site
traffic control signs on commercial properties, such as stop, yield,
and similar traffic control signs containing no commercial message.
(6) "No
parking" or "towing" signs authorized by city chapter.
(7) Underground
utility warning signs not exceeding one square foot in size and similar
safety signs.
(8) Signs
on railway property, which references the operation of such railway.
(9) Flags,
emblems and insignia of any governmental body, including the official
flag of a nation or of a state are not a sign subject to this chapter.
Notwithstanding the preceding sentence, a flag shall not be installed,
maintained, or used in a manner that would make that flag a hazardous
sign if it were a commercial flag.
(10) Corporate
flags displayed on a freestanding pole, which do not exceed 35 feet
in height. The flag shall not exceed 30 square feet in area. The flagpole
shall be setback a minimum of 20 feet from the front property line
and eight feet from the side property line. For residential developments,
corporates flags are limited to six, not to exceed a height of 25
feet.
(11) Hand
held signs or signs, symbols or displays on persons or animals, except
for signs that qualify as human signs.
(12) Signs
located on mail boxes, newspaper vending machines and curbside residential
newspaper holders which identify the owner and address of the premises
or the name of the newspaper sold or subscribed to; provided that
such devices are not placed so as to interfere with the safe movement
of pedestrians or vehicular traffic.
(13) Signs
located on outdoor machines, devices, or equipment which display the
trademark, trade name, manufacturer, cost of operating or service
instructions or similar information, but do not advertise the business
where located. This exemption includes, but is not limited to, signs
on coin-operated vending machines, fuel dispensing pumps (excluding
spandrels), telephone facilities, automatic teller machines, automatic
vacuum cleaners, amusement rides and similar machines, devices or
equipment.
(14) Signs depicting a single or multi-family residential real property for sale, lease, or rent, or the location of an office for a multi-family projects No more than one sign on the property for sale, lease, or rent except for a corner lot property, may have one sign on each street front. These signs are also subject to the requirements of section
46-18.
(15) Signs
depicting residential real property for sale within a subdivision,
placed at the entrances of such subdivision, which are erected by
the owner of the subdivision, not to exceed 48 square feet in area
and a height of six feet.
(16) Signs
depicting commercial real property for sale, lease, or rent, not to
exceed 48 square feet in area and a height of six feet.
(17) Event signs, on-site. On-site event signs may not exceed an area of eight square feet at a residence or 16 square feet at any other location. These signs are also subject to the requirements of section
46-18.
a. For
residential use. On-site event signs may be erected two days prior
to the event and must be removed within one day after the event.
b. For
all other uses. Such signs may be erected 30 days prior to the event
and must be removed within two days after the event. There shall be
no more than two on-site event signs for any event.
(18) Signs denoting future development or construction signs that depict the name of the project or the architect, engineer, contractor, or broker, or other construction sign that is placed on the premises where construction, repair, or renovation is in progress, as per section
46-18.
(19) Signs
installed either on-premises or off-premises used by the city or the
Brookshire Economic Development Corporation to promote the community
and economic development of the city. The signs will include general
information promoting the community and will not specify any specific
business name for advertisement purposes, even if the business had
assisted in the acquisition, purchasing, construction, installation,
development, etc., of the sign.
(Ordinance 17-626-13, § 2(A-11),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
In certain instances, the visibility of a freestanding sign proposed to be oriented toward Interstate 10 ("I-10") could be limited by the elevated section of I-10. In those instances, an applicant may seek a variance from the city council as per section
46-25, from the height restrictions of these requirements. To consider any request for relief, an applicant must provide the city with a cross section profile showing the elevated highway road base elevations, the elevation of the site, a spot elevation where the sign is proposed, and the proposed signage relative to the highway elevations. The distances between the proposed sign and the driving lanes shall also be provided. From that data, the applicant will develop a "line-of-sight" profile demonstrating the amount of additional sign height required to ensure sign visibility and establish a "minimum height of line" necessary to ensure sign visibility to east and west bound I-10 traffic. In considering such a variance, preference will be given to signs that employ back lighting or channel letter techniques. The use of sign cabinets is prohibited unless they are designed in a manner that appears to convey the appearance of individual letter signs with extremely subdued background cabinet colors. The applicant must clearly demonstrate that the sign copy or logo will be installed to the lowest height as necessary to ensure that the line-of-sight to the sign is just above the I-10 east/west bound highway grades.
(Ordinance 17-626-13, § 2(A-16),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
The national or state flag and the flagpoles for the express purpose of displaying the national or state flag are exempt from this section. The purpose of this regulation is to restrict the number and height of permanently mounted corporate flags advertising a business. One flagpole shall be allowed per development at a maximum height of 20 feet in nonresidential and multi-family residential sign districts and in conformance with the requirements of section
46-11. Such flags may only display corporate colors or the logo of the business or development.
(Ordinance 17-626-13, § 2(A-19),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
Except as otherwise provided by law or this chapter, no person
may install, maintain, or use a sign that:
(1) Obstructs
a fire escape, required exit, window, or door used as a means of escape.
(2) Interferes
with a ventilation opening, except that a sign may cover a transom
window if otherwise in compliance with the building code and fire
code.
(3) Substantially
obstructs the lighting of public right-of-way or other public property,
or interferes with a public utility or traffic control device.
(4) Contains
or utilizes a supporting device placed on public right-of-way or other
public area within the city limits and the extraterritorial jurisdiction
of the city, unless the use of the public rights-of-way or other public
area has been approved by the city and a right-of-way joint use agreement
has been filed.
(5) Is illuminated
in such a way as to create a hazard to pedestrian, bicycle, or vehicular
traffic.
(6) Creates
a traffic hazard for pedestrians, bicyclists, or motorists, by restricting
visibility at a curb cut or adjoining public street.
(7) Has
less than nine feet of clearance above street pavement grade or has
less than 12 feet of clearance above a driveway, and/or is located
outside the public right-of-way and within the visibility triangle
at an intersection that results in impaired sight distance of users
of the intersection.
(8) Violates
a requirements of the building and electrical codes adopted by the
City of Brookshire.
(9) Is determined
by the designated city staff to be dangerous.
(Ordinance 17-626-13, § 2(A-22),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
All signs in the city and its extraterritorial jurisdiction
(ETJ) shall be properly maintained in good and safe structural condition,
shall be painted on all exterior parts, unless coated or made of rust-resistant
material, and shall be maintained in good condition and appearance
at all times. Any owner or primary beneficiary failing to maintain,
repair, or remove any such sign after due notices has been given shall
upon conviction be guilty of a misdemeanor. The designated city staff
shall have the authority to order the painting, repair, or removal
of a sign and accompanying landscaping which do not comply with this
chapter or the building codes or that constitutes a hazard to safety,
health or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment.
(Ordinance 17-626-13, § 2(A-24),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)