(a)
The purpose
of this chapter is to provide uniform sign standards that perform
the following:
(1)
Promote
a positive image of the city;
(2)
Protect
an important aspect of the economic base;
(3)
Reduce
the confusion and hazards that result from excessive and prolific
use of sign displays;
(4)
Ensure
that no hazard is created due to collapse, wind, fire, collision,
decay or abandonment; that no obstruction is created to firefighting
and police surveillance; and no traffic hazard is created by confusing
or distracting motorists, or by impairing the driver's ability to
see pedestrians, obstacles, or other vehicles, or to read traffic
signs;
(5)
Promote
efficient transfer of information in sign message by providing that
businesses and services may identify themselves; customers and other
persons may locate a business or service; and 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 said messages,
according to the observer's purpose; and
(6)
Protect
the public welfare and enhance the appearance and economic value of
the landscape by providing signs that do not interfere with scenic
views; do not create a nuisance to persons using the public rights-of-way;
do not constitute a nuisance to the occupancy of adjacent and contiguous
property by their brightness, size, height, or movement; are not detrimental
to land or property value; and contribute to the special character
of particular areas or districts within the city, helping the observer
to understand the city and orient oneself within it.
(b)
By recognizing
this purpose, this chapter shall serve to strengthen the economic
stability of business, cultural, and residential areas in the city;
recognizing that visual clutter leads to decline in the community's
appearance, in property values, and in the effectiveness of the signs.
(c)
The goals
of this chapter are to preserve the integrity of our community, promote
pride in our neighborhoods, promote safe egress/ingress on public
roadways, and encourage the effectiveness of signs.
(d)
In the
event of conflicts, actual or perceived, in the terms or requirements
of this chapter, the most restrictive interpretation shall apply.
(Ordinance 17-626-13, § 2(A-1),
adopted 3/16/2017)
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)
(a)
Authority.
The designated city staff is hereby authorized and directed
to enforce all the provisions of this chapter.
(b)
Right
of entry.
Whenever necessary to make an inspection to
enforce any of the provisions of this chapter, or whenever the designated
city staff has reasonable cause to believe that there exists in any
building or upon any premises any condition which violates the provisions
of this chapter, the designated city staff may enter such building
or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the designated city staff by this chapter. If
such building or premises is occupied, the designated city staff shall
first present proper credentials and request entry; and if such building
or premises is unoccupied, the designated city staff shall first make
a reasonable effort to locate the owner or other persons having charge
or control of the building or premises and request entry. If such
entry is refused, the designated city staff shall have recourse to
every remedy provided by law to secure entry.
(Ordinance 17-626-13, § 2(A-3),
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:
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.
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.
means a sign style which is typically, but not necessarily,
foldable or collapsible, portable, and meant to be easily moved.
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.
means a shelter constructed of materials on a supporting
framework that projects from and is supported by the exterior wall
of a building.
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.
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.
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.
means a sign advertising products not made, sold, used, or
served on the premises displaying such
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.
means a freestanding structure with a roof supported by columns
but no walls.
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.
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.
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.
means the City of Brookshire located in Waller County, Texas,
an incorporated municipality and its associated extraterritorial jurisdiction.
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.
means locations where the principle use of the property is
not residential or multi-family.
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.
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.
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.
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.
means a sign containing electrical wiring, connections, or
fixtures, or utilizing electric current, but not including a sign
illuminated by an exterior light source.
means a sign that includes provisions for programmable electronic
message and or image changes.
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.
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.
means all building wall elevations, including any vertical
extension of the building wall (parapet), but not including any part
of the building roof.
means the surface of the sign upon, against, or through which
the message is displayed or illustrated on the sign.
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.
means a sign that is not attached to a building but is permanently
attached to the ground.
means a boundary line separating the public right-of-way
from the lot.
means a freestanding or wall sign advertising the construction,
remodeling, development, sale, or lease of a building or the land
on which the sign is located.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
means freestanding or wall signs used for the purpose of
informing patrons of food, which may be purchased on the premises.
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.
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.
means locations that contain three or more attached units
designed for residential use including town homes and condominiums.
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.
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.
means nonelectrical, on-premises signs that communicate only
the name of the occupant of the address of the premises.
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.
means a sign referring to goods, products, or services provided
at a location other than that which the sign occupies.
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.
means the extension of a false front or wall above a roofline.
means a sign advertising a retail item accompanying its display
(e.g., an advertisement on a product dispenser).
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.
means a sign advertising a political candidate or party for
elective office or that advertises primarily a political message.
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.
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.
means small traffic directional signs indicating interior
circulation of parking areas on site, warn of obstacles or overhead
clearance, or designate permissible parking.
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.
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.
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.
means temporary signs advertising the real estate upon which
the sign is located as being for rent, lease, or sale.
means locations where the principal use of the property is
for one-and two-family dwelling units.
means any sign installed over or on the roof of a building.
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.
 |
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.
means and includes all lettering, wording, logos, design,
symbols, framing, roofing, and cabinets, or modules, calculated according
to the provisions established in this chapter.
means an individual sign placard displaying directional information
on a sign kiosk.
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.
means the subdivision in its entirety, not a phase, section,
village, unit, or product line.
means: primary entrance signs; secondary entrance signs;
and, tertiary entrance signs; and are used to define various entries
of the subdivision.
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.
means an on-premises wall sign of a nonpermanent nature advertising
a special event, sale, product, or service.
means approval from the city council to depart from the strict application of the provisions of this chapter, as per section 46-25.
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.
means signs installed on or in a window or door.
(Ordinance 17-626-13, § 2(A-4),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Pursuant
to V.T.C.A., Local Government Code ch. 216, all land within the city
and its extraterritorial jurisdiction (ETJ) is subject to compliance
with this chapter.
(b)
The sections,
provisions, and regulations set forth in this chapter shall apply
to the control, use, installation, regulation, licensing and permitting
of signs within the city and it's ETJ.
(Ordinance 17-626-13, § 2(A-5),
adopted 3/16/2017)
(a)
Property
on which only one nonresidential purpose activity is located.
(1)
Each
nonresidential parcel is subject to the following regulations:
a.
Each
parcel shall place no more than one on-premises ground signs of not
over 32 square feet in area and no closer than ten feet to the curbline,
no higher than eight feet, setting forth the address, name of owner,
and the name of business, provided there shall be no more than one
such sign; and,
b.
Each
activity shall place on-premises wall signs on the building, with
an allowable total sign area of one and one-half square feet for each
linear foot of the building frontage facing a public street;
(2)
With
the exception of on-premises signs lawfully permitted or erected prior
to the passage of the ordinance from which this chapter is derived,
all on-premises signs and sign structures shall be contained wholly
within the premises upon which they are located and shall not extend
onto the public right-of-way.
(b)
Integrated
business developments (defined for purposes of this chapter as shopping
centers, strip centers, or any tract of land on which more than one
business or nonresidential activity is located).
(1)
Monument
sign. No business shall have more than one monument sign, with such
sign being no more than 48 square feet in area and no closer than
ten feet to the curbline, and no higher than 15 feet. No monument
signs shall be permitted for integrated developments with a freestanding
monument community sign.
(2)
Wall
signs. Wall signs are permitted for each business within the integrated
business development with an allowable total sign area of one and
one-half square feet for each linear foot of the building frontage
facing a public street. The wall sign shall not project above the
roof line and must be located on the portion of the building at the
site where the goods or services are offered.
(3)
Community
sign. One freestanding monument community sign shall be permitted
for integrated developments of two or more separate businesses. The
total area for all freestanding community signs shall not exceed one
square foot for each five linear feet of lot frontage up to a maximum
size of 100 square feet. A community sign shall not exceed 15 feet
in height. No other monument signs shall be permitted for integrated
developments with a freestanding monument community sign.
(4)
Temporary
or portable signs: Temporary or portable signs are prohibited in integrated
business developments except a new tenant in an integrated business
development may place a portable sign on the premises of said development
for a period not to exceed the first 30 days of tenant's conducting
business in such development. The total area of temporary or portable
signs shall not exceed 32 square feet and a height of ten feet. A
permit shall be required.
(5)
One
vendor's variable message sign, shall be permitted for integrated
developments, as part of the monument sign. The maximum display surface
area for each vendor's variable message sign shall not exceed 25 percent
of the total square feet per side of the monument sign. All vendor's
variable message signs shall be subject to permit fees.
(Ordinance 17-626-13, § 2(A-6),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Required.
It shall be unlawful for any person to erect, construct, enlarge,
move or convert any sign within the city or its extraterritorial jurisdiction
(ETJ) without first obtaining a sign permit from and paying a permit
fee unless specifically provided otherwise in this chapter.
(b)
Compliance
required.
No person may install a sign or structurally
alter an existing sign except in conformity with this chapter and
other applicable federal, state, and local regulations, including,
but not limited to, the building code, electrical code, and other
applicable chapters of the city. In the event of a conflict between
this chapter and other laws, the most restrictive standards apply.
(c)
Exception
to permit requirement.
(1)
Permits
shall not be required for the following signs, provided, however,
that such signs shall otherwise comply with all applicable sections
of this chapter:
a.
On-site
real estate "for sale" signs not exceeding eight square feet, and
a height of four feet; provided that a permit is required for a model
home sign and future development signs.
b.
Political
signs located on private property with the consent of the property
owner that do not exceed 36 square feet in area, are not more than
eight feet in height, are not illuminated, and do not have any moving
elements.
c.
Government
signs, including traffic signs, private traffic control signs, regulation
address numerals, and memorial signs.
e.
Garage
sale signs, not exceeding six square feet, and a height of four feet.
(2)
No
sign permit is required for a change of copy on any sign, or for the
repainting, cleaning, and other normal maintenance or repair of a
sign or sign structure for which a permit has previously been issued,
so long as the sign or sign structure is not modified.
(d)
Primary
beneficiary.
The primary beneficiary of any sign installed,
moved, structurally altered, structurally repaired, maintained, or
used in violation of this chapter shall be deemed responsible for
the violation of this chapter.
(e)
Designated
city staff authority.
The designated city staff shall
enforce and implement the terms of this chapter, including without
limitation:
(1)
Issuing
permits and collecting the fees required by this chapter;
(2)
Conducting
appropriate inspections to insure compliance with this chapter;
(3)
Instituting
legal proceedings, including suits for injunctive relief when necessary,
to ensure compliance with this chapter; and
(4)
Investigating
complaints of alleged violations of this chapter.
(Ordinance 17-626-13, § 2(A-7),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
An application
for a sign permit must be accompanied by the permit fee and shall
include such information as is necessary to assure compliance with
all appropriate laws and regulations of the city, including:
(1)
The
name and address of the owner of the sign.
(2)
The
name and address of the owner, and if different from the owner, the
person in possession of the premises where the sign is located or
to be located.
(3)
Clear
and legible drawings with description definitely showing location
of the sign which is the subject of the permit and all existing signs
whose construction requires permits, when such signs are on the same
premises.
(4)
Scale
drawings showing the site plan location, dimensions, construction
supports, sizes, foundation, electrical wiring, and components, materials
of the sign and method of attachment and character of structure members
to which attachment is to be made. The design, quality, materials,
and loading shall conform to the requirements of the building code.
Projection, wall, and temporary signs not over six square feet in
area, constructed of metal or other noncombustible material, attached
securely to a building or structure and not projecting more than 18
inches beyond the building wall, structure, building line, or property
line, shall not require an engineer certification as to its soundness.
Wind pressure and dead loads shall be shown where deemed appropriate,
and the designated city staff may require structural drawings designed
and sealed by a civil engineer registered by the state when it cannot
otherwise be determined that the sign will be structurally sound.
If designated by city staff, engineering data certified by a licensed
structural engineer shall be supplied on any submitted plans.
(5)
Sign
elevations shall be submitted demonstrating that sign structure design
integrates the building design, colors, and exterior finishing materials
for the building, or development, in which the sign identifies, as
prescribed in these requirements.
(6)
Any
electrical permit required and issued for said sign.
(7)
For
freestanding signs, documentation demonstrating that the applicant
holds general liability insurance. No license or permit for the installation,
erection, and maintenance of a freestanding sign shall be issued to
any person, firm, or corporation until such person, firm, or corporation
has filed with the designated city staff a certificate of insurance
verifying general liability insurance.
(8)
The
permit fee.
(b)
Fees
for sign permits shall be as specified by the city fee schedule.
(Ordinance 17-626-13, § 2(A-8),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Sign
area measurement.
Sign area for all sign types is measured
as follows:
(1)
Sign
copy mounted, affixed, or painted on a background panel or area distinctively
painted, textured, or constructed as a background for the sign copy,
is measured as that area contained within the sum of the smallest
rectangles that enclose the sign copy and the background.
(2)
Sign
copy mounted as individual letters or graphics against a wall, fascia,
mansard, or parapet of a building or surface of another structure
that has not been painted, textured, or otherwise altered to provide
a distinctive background for the sign copy, is measured as a sum of
the smallest rectangles that will enclose each word and each graphic
in the total sign.
(3)
Sign
copy mounted, affixed, or painted on an illuminated surface or illuminated
element of a building or structure, is measured as the entire illuminated
surface or illuminated element which contains sign copy. Such elements
may include, but are not limited to lit canopy fascia signs, cabinet
signs, and/or interior lit awnings. Support structures and frames
of a freestanding monument sign shall count toward the sign area.
(4)
Multi-face
signs are measured as follows:
a.
Two
face signs. If the interior angle between the two sign faces is 30
degrees or less, the sign area is of one sign face only. If the angle
between the two sign faces is greater than 30 degrees, the sign area
is the sum of the areas of the two sign faces.
b.
Three
or four face signs. The sign area is 50 percent of the sum of the
areas of all sign faces.
(5)
Spherical,
free-form, sculptural, or other nonplanar sign area is 50 percent
of the sum of the areas using only the four vertical sides of the
smallest four-sided polyhedron that will encompass the sign structure.
Signs with greater than four faces are prohibited.
(6)
Freestanding
sign area is the entire advertising area of a sign, including framing,
trim or molding and the supporting frame for monument signs and including
the air space between the supporting structures for freestanding signs.
|
Figure 1: Sign area calculations
|
(b)
Sign
height measurement.
Sign height is measured as follows:
(1)
Freestanding
signs.
The height of a freestanding sign shall be computed
as the distance from the base of the sign at finished grade to the
top of the highest attached component of the sign. The height of any
monument sign base or other structure erected to support or adorn
the sign is measured as part of the sign height. If a sign is located
on a mound, berm, or other raised area for the sole purpose of increasing
the height of the sign, the height of the mound, berm, or other raised
area shall be included in the height of the sign.
(2)
Building-mounted
signs.
The height of wall, fascia, mansard, parapet or
other building-mounted signs is the vertical distance measured from
the base of the wall on which the sign is located to the top of the
sign or sign structure.
(Ordinance 17-626-13, § 2(A-9),
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.
(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.
(8)
Inflatable
signs.
(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)
(a)
Uniform
signs in multi-tenant/multi-business developments.
Wall
signs displayed by two or more businesses using common parking facilities
shall be uniform in construction (i.e., cabinets, channel letters,
plaques) and lighting (i.e., direct, indirect).
(b)
Street
address.
All freestanding signs, either berm or monument
signs, shall include the street address. The street address shall
not be included in the calculation of the sign area, except in such
case that the street address is also the name of the center, business,
or development, or in such case that the street address exceeds six
square feet in size.
(c)
Setback.
There shall be a minimum setback of ten feet for any portion
of the sign from any property line, provided that the sign is not
located within a clear sight triangle area and that no portion of
a sign crosses over a property line or into a public right-of-way.
(d)
Visibility.
Signs shall not be constructed or installed in a manner that
would interfere with visibility, create a traffic hazard, or be confused
with any traffic control sign or signal.
(e)
Structural
integrity.
Any sign as defined in this chapter, shall
be designed and constructed to withstand wind pressures and receive
dead loads as required in the building code adopted by the city. Any
sign, other than a wall sign, shall be designed, installed, and maintained
so that it will comply with the requirements of the structural codes
of the city, as amended.
(f)
Maximum
height.
No sign shall exceed the maximum height provided
for in this chapter. In determining the maximum height of a sign,
the natural grade of the site shall be used as the base elevation.
An exception to this requirement may be considered in those instances
where earth work is completed to cut or fill the slope of the site
to a height that is greater than the natural site grade. In those
cases, the average of the area in the vicinity of the sign shall be
used as the base grade. In no case shall a sign be located on a mound
where the surrounding grade has been altered by more than 18 inches
for purposes of artificially increasing the overall height of a sign
above that allowed by the height regulations in this chapter.
(g)
Public
utility facilities.
New signs and signs being structurally
altered shall maintain clearance from public utility facilities, shall
not substantially interfere with drainage, and shall not be located
in a utility or drainage easement. The minimum clearance from electrical
lines shall be determined by the affected utility provider. At a minimum,
the following minimum clearances from electrical lines shall be followed:
for service lines, except those serving a sign, five and one-half
feet horizontal and six feet vertical clearance; for distribution
lines, seven and one-half feet horizontal and eight feet vertical
clearance.
(h)
Parking,
driveways, sidewalks.
Only signs required in the interest
of public safety may occupy a required off-street parking or loading
space or obstruct any driveway or sidewalk, except as specifically
authorized herein.
(i)
Incidental
signs not regulated.
It is not the purpose of these regulations
to regulate area or placement of any incidental sign required for
the functionality of the use of the site. Example of such signs include,
but are not limited to, menu signs, directory signs designed for pedestrian
traffic, private (non-public) traffic signs, any building or site
sign that does contain advertising copy and serves no advertising
purpose, street name and address information, or signs that identify
different building or suite numbers and contain no advertising content.
Such signs shall not to exceed three square feet in area and a height
of four feet.
(j)
Public
property.
(1)
No
sign shall be located on or project over public property or a street
right-of-way except governmental signs and temporary banner signs
that comply with this chapter, except where a provision in this chapter
allows such location, or with the approval by the city council of
a license agreement. No portion of a freestanding sign shall be permitted
to be located closer to two feet from the public right-of-way.
(2)
No
person shall, either directly or indirectly, cause or authorize a
sign to be installed, used, or maintained on any utility pole, traffic
signal pole, traffic signal controller box, tree, street light, or
any other structure located on or over any public property or public
right-of-way, in the city's jurisdiction, except as authorized by
this chapter or by the city council.
(k)
Sign
height measurement for severe slopes and uneven terrain.
When a sign is placed on uneven terrain, the base height shall be
measured from the point where the sign base reaches the average ground
level and not from the bottom of any wall that raises a portion of
the sign up to ground level.
(l)
Billboards.
No billboard is allowed within the city limits or the ETJ unless
such billboard complies with this subsection.
(1)
A
billboard that is, or is proposed to be, within the right-of-way of
Interstate Highway 10 in the city limits or in the ETJ, and that has
satisfied all State of Texas requirements for billboards as administered
by the Texas Department of Transportation (TxDOT), shall be eligible
for a sign permit by the city.
(2)
A billboard that is within the right-of-way of Interstate Highway 10 or within 100 feet of the centerline of 10th Street as of the effective date of this subsection shall be allowed to be continued and maintained at its existing location subject to the limitations of section 46-21 of this chapter.
(3)
Any
proposed alteration, repair, replacement, relocation, or any such
change to any billboard within the Interstate 10 right-of-way or within
100 feet of the centerline of 10th Street is prohibited without a
permit issued by the city showing that the proposed alteration, repair,
replacement, relocation, or change is in conformity with this subsection.
(4)
Where
a conflict exists between this Code and State of Texas requirements
for billboards as administered by TxDOT, the State of Texas requirements
shall govern.
(m)
Pole
signs.
(Ordinance 17-626-13, § 2(A-12),
adopted 3/16/2017; Ordinance
19-668-14, § 2, adopted 11/21/2019; Ordinance 22-705-15, § 1,
adopted 11/17/2022; Ordinance 23-712-15 adopted 6/15/2023)
(a)
Lighting.
Sign lighting shall be installed to protect the driver of a
vehicle from dangerous glare and to maintain visual clearance of all
official traffic signs, signals and devices.
(b)
Glare.
Signs shall be designed, located, shielded, and directed to
prevent the casting of glare or direct light from artificial illumination,
upon adjacent public right-of-way and surrounding property.
(c)
Bare
bulb illumination.
Bare bulb illumination is prohibited
within 150 feet of any premises containing a residential use, and
in other cases is limited to 25-watt bulbs at night and 33-watt bulbs
during daylight hours.
(d)
Brightness
limitations.
The lighting intensity of a sign, whether
resulting from internal illumination or external illumination, shall
not exceed 75 foot-candles when measured with a standard light meter
perpendicular to the face of the sign from a distance equal to the
most narrow dimension of the sign.
(e)
Electrical
permit.
All signs in which electrical wiring and connections
are to be used shall be subject to the applicable provisions of the
city's electrical codes.
(f)
Proximity
to residential uses.
Internally lit signs for any nonresidential
use shall not emit light that exceeds 0.1 foot-candle of light at
the property line of any single-family residential property and 0.5
foot-candles from all other residential property.
(g)
Compliance
with LED/light projection technologies.
Signs, when illuminated, shall comply with the LED requirement of section 46-20(e) if LED lights are used. It is the policy of these regulations to place a preference on internally lit signs that utilize back lit and channel light technologies that are externally lit. When internally lit cabinet signs are utilized, the background color of the sign face must be as dark as possible to minimize the amount of light projected from the sign face and to simulate an individual back lit style sign and to minimize the amount of light projected from the sign face.
(Ordinance 17-626-13, § 2(A-13),
adopted 3/16/2017)
(a)
Generally.
No permanent sign, other than the primary, secondary, and tertiary
signs allowed by this section shall be erected on property used for
single-family or duplex dwellings.
(b)
Model
home signs.
Model home signs are limited to a 24 square
foot sign face, a height of six feet, and to one sign for each cluster
of model homes. A nameplate sign that identifies the individual product
name is exempt under this subsection if it does not exceed three square
feet in sign area. Signs shall be placed by permit only, and no fee
shall be required.
(c)
Subdivision
development entrance signs.
A subdivision development
entrance sign is a sign authorized for each major project entry into
a legal recorded, multi-lot, multi-sectioned, master-planned subdivision,
and contains only the name of the subdivision and a logo, but no other
sign copy. Subdivision entrance signs must be decorative monument
signs constructed of stone, brick, or other maintenance free material
comparable to the design of the development that the signs identify.
The design and construction must be compatible with surrounding development.
Signage may appear on both sides of the entrance roadway within the
recorded or master-planned subdivision and will be soldered as one
sign. The maximum allowable sign face size limitations will apply
separately to each side of the street, where applicable. Lighting
shall be ground lighting, back lighting, or lights attached to the
top or bottom of the sign focused toward the sign copy. There are
three types of subdivision development entrance signs: primary, secondary,
and tertiary. The use of berm or monument style signs shall be required
for all of the below sign types. All signs shall be located outside
of the sight triangle, as defined in this chapter. Subdivision entrance
signs shall be located on dedicated easements that do not conflict
with other utility easements, and such easements shall be shown on
the recorded plat.
(1)
Primary
entrance sign is located at the primary entrance into the subdivision.
Only one primary, two sided entrance sign, or two single-faced wall
signs, are permitted. An additional primary entrance sign shall be
permitted for those developments accessible from two or more different
arterial streets.
a.
The
maximum sign area of sign copy, including any logo, shall be 64 square
feet. If the sign copy is incorporated into a landscape feature, decorative
wall, or architectural feature, the size of the sign face is determined
by the area of the smallest rectangle within which the face of the
sign can be enclosed. Sign height shall be limited to six feet.
b.
A
subdivision primary entrance sign must be located within the subdivision
and at a location that will not restrict visibility at intersections.
The city may enter into an agreement to permit a subdivision identification
sign in a public right-of-way, such as a median, at the discretion
of the city. The agreement shall be in a form acceptable to the city.
(2)
Secondary
entrance signs are located at entrances into the subdivision other
than at the primary entrance, or entrances. They are to be placed
at an on-premises location within the subdivision and the sign face
shall be a maximum of 16 square feet in size and four feet in height.
Secondary signs may be incorporated into landscape features, decorative
wall, or architectural feature.
(3)
Tertiary
entrance signs are located at the entryway into sections within the
subdivision and are permitted only in subdivisions that exceed 50
acres to identify various sections within the subdivision and various
amenity areas in the subdivision, such as parks and clubhouses. These
signs shall be decorative and shall be limited to a height of four
feet and an area not to exceed ten square feet.
(4)
All
signs shall be subject to perpetual maintenance by a homeowner's association
or similar entity before a permit will be issued for such signs.
(5)
Signs,
when illuminated, shall be externally illuminated, employ back lighting
techniques 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.
Figure 2: Examples of a Subdivision Entrance Sign
|
(Ordinance 17-626-13, § 2(A-14),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Signs
in multi-family locations shall be limited to signs allowed in this
section and in all applicable restrictions of this chapter as well
as other requirements of the code, and any other applicable law.
(b)
Except
as provided in this subsection, a single freestanding sign is permitted
only as a monument sign on the same lot as the development to identify
the development and its entrance. Signs must be constructed of stone,
brick or other maintenance free material and shall be consistent with
the colors, materials, and design themes of the development associated
with the sign.
(1)
Lighting
shall be ground lights, back lighting, or lights attached to the top
or bottom of the sign focused toward the sign copy.
(2)
The
maximum size of the sign, including any logo, shall be 70 square feet.
If the sign copy is incorporated into a landscape feature, decorative
wall, or architectural feature, the size of the sign face is determined
by the area of the smallest rectangle within which the face of the
sign can be enclosed. The maximum height of the sign shall be six
feet.
(3)
If
the development has a second entrance, a secondary entrance sign is
permitted directed to that street. Secondary entrance signs in are
limited to 35 square feet, and a height of four feet.
(c)
A single
wall sign identifying the name and/or logo of the development is permitted
on the facade of the closest building to each entrance into the development,
or on the main office building. Wall signs may not exceed an area
of 40 square feet. Wall signage shall be oriented to the primary street,
or streets, that provide access to the development. This restriction
does not limit the installation of directional wall or ground signs
that identify the name or number of each building; such as Unit 1,
Unit 2, Amenity Center or Laundry Room. Each informational wall sign
shall be limited to an area 16 square feet. Directional signs for
traffic circulation are limited to a height of four feet, an area
of four square feet, and two signs per street entrance.
(d)
Window
or door surface signs are allowed. The total sign area of all window
and door signs shall not be included in calculating the maximum wall
sign area authorized at a particular location.
(e)
Institutional use sign standards. Institutional uses such as churches, fire stations and schools located in multi-family residential neighborhoods shall be subject to all requirements stipulated above for primary multi-family residential entrance signs. LED signage shall be permitted subject to all of the LED sign requirements of section 46-20(e), and the limitation of such signage to the lessor of 20 percent of the sign face or 26 square feet.
(f)
Light intensity (proximity to residential uses). The intensity of light emitted from signs is subject to the light intensity limitations specified in section 46-13.
(g)
Signs,
when illuminated, shall be externally illuminated, employ back lighting
techniques and/or channel letter techniques. The use of sign cabinets
are prohibited unless they are designed in a manner that appears to
convey the appearance of individual letter signs with extremely subdued
background cabinet colors.
Figure 3: Example of a Multi-family residential sign
|
(Ordinance 17-626-13, § 2(A-15),
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)
(a)
Awning
signs.
(1)
The
purpose of an awning sign is to provide an advertising message on
the facade of a building. Awing signs shall be regulated as if it
were a wall sign and shall be subject to the wall sign area limitations.
If the entire awning, including sign copy and logos are illuminated,
the entire awing is considered to be a sign. If only the sign copy
and/or logo is back lit, only the sign copy and logo will be calculated
as a sign.
(2)
The
sign area on an awning shall not exceed 20 percent of the area of
the awning. Awning sign area shall be determined by measurement of
just the sign copy or business logo on the awning.
(b)
Canopy
signs.
A canopy sign shall be no greater in size than
20 percent of the face of the canopy of which it is to be installed
and shall not extend beyond the face of the canopy either vertically
or horizontally. An illuminated strip may be incorporated into the
canopy. Canopy signs shall be subject to the wall sign area limitations.
If the entire canopy, including sign copy and logos are illuminated,
the entire canopy is considered to be a sign. If only the sign copy
and/or logo is back lit, only the sign copy and logo will be calculated
as a sign. Canopies used for gasoline fueling stations are further
regulated by other sections of this chapter.
(c)
Projecting
signs.
The purpose of a projecting sign is 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. Projecting signs shall be allowed, with the
allowable area of the projecting sign to be governed by the wall signage
permitted for the facade in which the projecting sign is proposed
to be located. Only one side of the projecting sign will be used to
determine the area of this sign.
(1)
Number of signs.
One projecting sign shall be allowed
for each single tenant building or for each tenant in a multi-occupancy
structure. However, no tenant storefront shall have a projecting sign
in combination with a wall sign on the same building elevation.
(2)
Horizontal projection.
A projecting sign shall not project
more than four feet from any wall facing and shall not be located
in a public right-of-way, without the consent of the city council,
and shall not be elevated above the apparent roof line of the building.
(3)
Clearance.
Every projecting sign shall be a minimum
of eight feet above the grade over a walking area or 14 feet over
a vehicular maneuvering area. Projection signs shall not project over
any property line or right-of-way line unless with an approved license
agreement.
(4)
Lighting.
A projecting sign may be illuminated.
(d)
Light-mounted
banner signs.
Light-mounted banner signs within public
rights-of-way shall be permitted, upon approval by the city council,
along major gateway highways and other prominent streets that pass
through the community to advertise community events, seasonal and
historic themes, or other such civic purposes. Signs of this nature
shall also be permitted in commercial complex centers and industrial
parks and other mixed-use developments to create a "brand image" for
that development upon approval by the city council. Such banners must
be approved by the appropriate electric utility company. Light-mounted
banner signs shall comply with the following regulations:
(1)
Banners
shall be limited to not more than one banner on any light pole.
(2)
Banners
shall be limited to no more than two feet by six feet in exterior
dimension and 12 square feet in area per banner.
(3)
A
minimum height of six feet as measured from adjacent grade to the
bottom of the banner shall apply.
(4)
Banners
shall be maintained in good repair. Should they become excessively
faded, tattered or torn, they shall be replaced or removed.
(5)
Banners
shall not be illuminated, except for indirect lighting associated
with the main lamp of the light pole to which it is mounted.
Examples of Canopy, Projecting, and Light-mounted Banner
Signs
|
(Ordinance 17-626-13, § 2(A-17),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Construction
trades signs.
The purpose of a construction trades sign
is to denote the architect, engineer, financial institution or building
trades contractor involved in a construction project. Construction
trades signs shall be categorized as either commercial or residential.
(1)
The
maximum area, height, spacing and setbacks of a construction trades
sign for commercial or industrial locations shall not exceed 64 square
feet and shall not exceed ten feet in height.
(2)
The
maximum area, height, spacing and setbacks of a construction trades
sign for residential locations shall not exceed eight square feet
and shall not exceed four feet in height.
(3)
Construction
trades signs shall not be erected until a building permit has been
submitted for building construction and shall be removed up on completion
of the construction project or occupancy of the structure, whichever
is applicable.
(4)
No
permit or fee shall be required for a construction trades sign.
(5)
Signs
shall not be located in the street right-of-way, shall be placed at
least 25 feet from an intersection, and have a minimum setback of
ten feet from the property line.
(6)
A
construction trades sign shall not be illuminated.
(b)
Future
development signs.
Future development signs shall be
regulated as either commercial or residential.
(1)
The
maximum area, height, spacing and setbacks of a future development
sign shall not exceed 64 square feet and shall not exceed ten feet
in height.
(2)
A
permit shall be required for a future development sign.
(3)
A
future development sign shall not be illuminated.
(4)
A
future development sign shall be removed when the project is 90 percent
complete or within three years from start of construction, whichever
is fewer. For the purpose of this section, a subdivision shall be
deemed 90 percent complete when 90 percent of the lots within the
subdivision are sold.
(5)
Signs
shall not be located in the street right-of-way, shall be placed at
least 25 feet from an intersection and a minimum setback of ten feet
from the property line.
(6)
One
sign shall be permitted per lot; except that one sign per major access
to the development shall be authorized if a lot is used together with
one or more contiguous lots for a single use or a unified development
(for example, a shopping center).
(c)
Real
estate signs (commercial, including multifamily).
The
purpose of a commercial real estate sign is to advertise the sale,
rental or lease of the premises on which said sign is located.
(1)
A
commercial real estate sign shall not be illuminated.
(2)
The
maximum area and height of a commercial real estate sign shall not
exceed 64 square feet and shall not exceed ten feet in height.
(3)
Commercial
real estate signs shall be removed within seven days following the
completion of the sale, rental or lease of the premises.
(4)
No
more than one sign per 300 linear feet of street frontage may be placed
on such property.
(5)
Signs
shall be placed at least 25 feet from an intersection and a minimum
of ten feet setback from the property line.
(6)
No
permit or permit fee shall be required for a commercial real estate
sign.
(d)
Real
estate signs (residential).
The purpose of a residential
real estate sign is to advertise the sale, rental or lease of the
premises on which said sign is located.
(1)
A
residential real estate sign shall not be illuminated.
(2)
The
maximum area and height of a residential real estate sign shall not
exceed 12 square feet and shall not exceed six feet in height.
(3)
All
signs shall be removed within seven days following the completion
of the sale, rental or lease of the premises.
(4)
Signs
shall be placed at least 25 feet from an intersection and a minimum
of ten feet setback from the property line.
(5)
No
permit or permit fee shall be required for a residential real estate
sign.
(e)
Miscellaneous
temporary sign regulations.
(1)
Temporary
signs advertising the opening or relocation of a business shall only
be permitted for a maximum period of 30 days before and 60 days after
such opening or relocation. Signs shall be placed at least 25 feet
from an intersection and a minimum of ten feet setback from the property
line.
(2)
Except
as specifically provided otherwise in this chapter, banners shall
not exceed 32 square feet, must be attached and parallel to a wall
of the structure, and shall only be permitted for a period not to
exceed 30 calendar days and with a period of not less than 30 days
between displays.
(3)
Human
signs shall be allowed on private property and the untraveled public
rights-of-way provided that no human sign, as defined by this chapter,
shall be displayed within a vehicular traffic lane.
(4)
Open
house signs do not require a permit, shall not exceed four square
feet, and shall be allowed for a maximum of four hours the day of
the open house. Open house signs shall be placed at least 25 feet
from an intersection and a minimum of ten feet setback from the property
line. Open house signs shall not be placed anywhere in the center
median of a public or private street.
(Ordinance 17-626-13, § 2(A-18),
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)
(a)
Government
sign.
Government signs are permitted subject to all laws
and regulations that apply.
(b)
Memorial
sign.
Memorial signs may be installed in accordance with
state historical standards, or as building cornerstones not to exceed
eight square feet.
(c)
Private
traffic control signs.
Private traffic control signs
are not allowed for single-family residential or duplex uses, but
are otherwise permitted. Signs shall not exceed four square feet in
size, and may contain directions and the name or logo of the same-site
user.
(d)
Window
signs.
Window signs may be placed so as not to obscure
more than 25 percent of the visible window area. Where multiple windows
exist, fronting on the single elevation, 75 percent visibility shall
be maintained for the total window area on said elevation.
(e)
LED
sign regulations.
LED signs, where permitted by this
chapter, shall be subject to the following additional requirements:
(1)
The
sign shall contain no motion, twirling, rotation, spinning, continuous
scrolling or any other like form of motion or action. Images and text
shall dissolve from one message or image to the next image or text.
(2)
Digital
signage is limited to non-animated images and each image must be displayed
("dwell") for a minimum of eight seconds.
(3)
During
the daytime, based on normal daylight illumination, a maximum limit
of 5,000 nits is permitted to keep luminous signage balanced with
the surrounding landscape. During nighttime hours, a maximum luminosity
is limited to 150 nits.
(4)
If
the nighttime luminance setting and limit is based on the sign in
question being set to display full white, full brightness field, a
limit as high as 200 nits for this method of calibration and testing
is suitable.
(5)
Incremental
luminance limits between the nighttime limit and the full sunlight
limit may also be specified for overcast or foggy days, or for dusk;
or regulations may require an automatic control of sign luminance
based on the ambient lighting condition, to throttle the sign luminance
between the sunny-day and night maximums.
(6)
Surface
luminosity measurements should be made directly with a calibrated
luminosity meter, following the instrument manufacturer's instructions.
Readings should be taken from the area (generally of roadway) where
the sign in question will be visible from, and which is closest to
being directly in front of the sign (where the luminosity output is
most focused).
(Ordinance 17-626-13, § 2(A-20),
adopted 3/16/2017)
(a)
By adopting
these regulations, as may be amended from time to time, no existing
illegal sign shall be deemed to have been legalized unless such sign
complies with all current standards under the terms of this chapter
and all other applicable chapters and codes of the city. Any sign
which does not conform to all provisions of this chapter but which
existed on the effective date of the ordinance from which this chapter
is derived and was lawfully constructed or installed shall be considered
as a nonconforming sign. All nonconforming signs shall be permitted
in the same manner as any other legally existing sign or proposed
sign; provided that no sign that was constructed or installed in violation
of any state or local law, or that was originally constructed or installed
without a permit that was then required at such time, shall be or
qualify as a nonconforming sign.
(b)
A nonconforming
sign shall be allowed to be continued and maintained at its existing
location subject to the limitations of this section.
(c)
No nonconforming
sign may be enlarged or altered in a way which would increase its
nonconformity; provided that the sign face may be changed in compliance
with this chapter.
(d)
A nonconforming
sign shall be removed immediately if any of the following applies:
(1)
The
nonconforming sign is abandoned as defined in this subsection. Whenever
any nonconforming sign no longer advertises a bona fide business or
a business which has moved away or closed, a product sold, or service
rendered, such sign shall be removed within 60 days. If the nonconforming
sign is a wall sign, the wall sign shall be removed or painted over
with a color that resembles or matches the rest of the wall of the
building. If the owner of, or person responsible for the sign, or
if the tenant closing a business, fails to remove the abandoned sign,
or paint over the wall sign, the owner of the premises shall be held
responsible and the work shall be done within 30 days following written
notice to do so by the designated city staff.
(2)
The
designated city staff or his designee determines the sign to be obsolete
or substandard under any applicable chapters of the city to the extent
that the sign becomes a hazard or dangerous.
(3)
A
nonconforming sign, or a substantial part of it, is destroyed or dismantled
for any purpose other than maintenance operations or for changing
the letters, symbols, or other matter on the sign.
(e)
Reconstruction,
repair, or replacement of a nonconforming sign shall be completed
no later than 90 days following the date of the damage. For purposes
of this subsection, a sign, or a substantial part of a sign, is considered
destroyed if the cost of repairing the sign is more than 50 percent
of the cost of installing a new sign of the same type at the same
location.
(Ordinance 17-626-13, § 2(A-21),
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)
(a)
Any
sign that is structurally unsafe or that constitutes a hazard to the
health, safety, or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster damage, abandonment
or other cause is hereby declared to be a public nuisance and shall
be abated by demolition or removal.
(b)
Should
the designated city staff determine that any sign is not properly
maintained, is unsafe, unsecured, or has otherwise been constructed,
erected, or maintained in violation of the provisions of this chapter,
the designated city staff shall take action as follows:
(1)
Except as provided in subsections (b)(2) and (3) of this section, the designated city staff shall give the sign or property owner written notice to repair, remove, or obtain a permit for such sign as applicable within ten days after such notice. If the sign or property owner fails to remove, repair, or obtain a permit for such sign so as to comply with all applicable standards and regulations, the designated city staff shall cause the sign to be either removed or repaired and such cost shall be charged to and paid by the property owner. If such demolition or repair expenses are not paid by the property owner within 30 days of such billing, then such expenses shall constitute a valid lien against the property. Such notice shall also provide the sign or property owner an opportunity to bring the sign into compliance or to request a hearing before the city council to determine whether the sign should be repaired or removed. Such appeal must be filed in writing with the city secretary within ten days of the notice. After consideration of all facts, the city council shall rule upon the appeal.
(2)
The
designated city staff may cause any sign which is an immediate peril
to persons or property to be removed summarily and without notice.
(3)
Any
sign located in public right-of-way may be immediately removed by
the designated city staff without notice to the owner.
(Ordinance 17-626-13, § 2(A-23),
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)
(a)
Application
and fee required.
Any person, business, or other organization
desiring to continue in use, locate, construct, or otherwise place
any sign which does not conform to the provisions of this chapter
may make application to the city council for a variance to continue
to use, locate, construct, or otherwise place such a sign. Any person,
business, or other organization desiring to appeal the decision of
the designated city staff in the administration of this chapter may
make an application to the city council appealing that decision. An
application for a variance or an appeal shall be filed with the city
secretary, accompanied by the appropriate fee established by city
council and by a drawing or sketch in sufficient detail to determine
the location and type of construction for the proposed sign.
(b)
Standards
for granting approval.
The city council may grant approval,
of a variance or appeal only if affirmative findings, reflected in
the minutes of the city council's proceedings, affirm the presence
of any combination of the following factors:
(1)
A
literal enforcement of the provisions of this chapter would result
in unnecessary hardship.
(2)
The
variance will not be contrary to the goals and objectives of these
regulations.
(3)
The
variance will be in harmony with the spirit and purposes of this chapter
and in the public interest.
(4)
Special
conditions applying to the land, buildings, topography, vegetation,
sign structures, or other unique matters on adjacent lots or within
the adjacent right-of-way, a literal enforcement of the chapter would
result in unnecessary hardship. Ordinarily, hardship that is self-induced
or that is common to other similarly-classified properties will not
satisfy this requirement. Financial or economic hardship alone will
not ordinarily satisfy this requirement.
(c)
Conditions
of variances or appeals.
The city council may impose
such conditions or requirements in a variance or appeal as necessary
to protect the overall character of the community and to achieve the
fundamental purposes of this chapter. A violation of such conditions
or requirements shall constitute a violation of this chapter. A variance
or appeal, if granted, shall be for a specific event, use or other
application of business and shall not continue with the property.
If a variance or appeal is granted and the sign so authorized is not
substantially under construction within six months of the date of
approval of the variance or appeal, the variance or appeal shall lapse
and become of no force or effect.
(d)
Vote
required.
A concurring vote of a majority of the city
council members shall be necessary to approve any variance or appeal
from this chapter.
(e)
Time
limitation on order permitting erection of sign.
Variances
or appeals from these requirements shall be valid for a period of
six months, unless a sign permit for such erection or alteration is
obtained within such period and such erection or alteration is started
and proceeds to completion in accordance with the terms of such permit.
(Ordinance 17-626-13, § 2(A-25),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
(a)
Any individual, association, corporation or legal entity violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-13.
(b)
The
primary beneficiary of any sign installed in violation of this section
shall be presumed to have authorized or caused, either directly or
indirectly, the installation, use, or maintenance of the sign in violation
of this chapter.
(c)
Whenever
any construction, installation, alteration, or repair of a sign is
being done contrary to the provisions of this chapter, another controlling
chapter or statute governing the sign, the designated city staff may
order the work stopped by notice verbally or in writing served on
any persons engaged in the doing or causing such work to be done and
the city shall post a stop work order on the property adjacent to
the posted building permit, and any such persons shall forthwith stop
such work until authorized by the designated city staff to proceed
with the work. If no permit has been issued, all work shall stop until
a permit has been properly issued and all errors corrected to the
satisfaction of the designated city staff. The designated city staff
may also issue a work correction order, which shall be served upon
any persons who are working on a certain aspect of the sign.
(d)
The
city shall enforce this chapter by appropriate administrative action,
including but not limited to the rejection of plans, maps, plans and
specifications not found to be in compliance with this chapter and
good engineering practices, and the issuance of stop work orders.
(e)
Upon
the request of the city council, the city attorney or other authorized
attorney shall file an action in the district courts to enjoin the
violation or threatened violation of this chapter, or to obtain declaratory
judgment, and to seek and recover court costs and attorney fees, and/or
recover damages in an amount sufficient for the city to undertake
any construction or other activity necessary to bring about compliance
with a requirement established pursuant to this chapter.
(f)
Removal.
(1)
In
addition to remedies otherwise provided in this chapter, whenever
the city has evidence of a sign which after the effective date of
the ordinance from which this chapter is derived was constructed,
reconstructed, placed, installed, repaired, maintained, relocated,
altered, or used in violation hereof, or is otherwise in violation
hereof, the designated city staff shall require the party responsible
for such sign to remove it. If the responsible party fails to remove
the sign within 72 hours after being notified to do so or if it appears
to the designated city staff that the sign poses an immediate danger
to the public, then such sign may be removed by the city and the city's
actual cost of removal shall be charged to the responsible party.
Any sign so removed shall be impounded and shall not be returned to
the party responsible until all applicable charges are paid. If any
sign remains unclaimed for a period of more than 30 days, the city
may destroy, sell, or otherwise dispose of the sign.
(2)
The
city shall have the authority to immediately remove and dispose of
signs deemed in violation of this chapter, if such signs are placed
on or attached to trees, utility poles, or pedestals, or located on
any public land or public right-of-way. The city may enforce this
section without notice and without returning the removed signs to
the responsible party.
(3)
The
city shall not be held liable for damage to said signs during the
removal or storage of the signs by the city.
(Ordinance 17-626-13, § 2(A-26),
adopted 3/16/2017; Ordinance
22-705-15, § 1, adopted 11/17/2022)
This chapter shall not be construed to require or allow any
act which is prohibited by any other chapter of this Code. This chapter
is specifically subordinate to any ordinances or regulations of the
city pertaining to building and construction safety or to pedestrian
and traffic safety.
(Ordinance 17-626-13, § 2(A-27),
adopted 3/16/2017)
