(A) 
Except as otherwise provided in this ordinance or as approved by the city council, the permit issuing authority designated in the building ordinance shall administer and enforce this ordinance, including the receiving of applications, the inspection of premises and the issuing of building permits and no permit or certificate of occupancy shall be issued by him except where the provisions of this ordinance have been complied with.
(B) 
The permit authority or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.
(C) 
Whenever any construction work is being done contrary to the provisions of this ordinance or the building ordinance, the permit authority shall serve notice in writing upon the owner or the contractor doing or causing such work to be done, or the agent of either, ordering such person to show cause why the work should not be ordered stopped. Any such person served with notice shall, within five days after service, show cause to the building inspector why such stop work order should not issue, and if such person shall fail to show good cause, then the building inspector may order the work stopped by notice in writing served upon such person, or agent, and any such person and all persons in privity with him shall forthwith stop and cause to be stopped such work until authorized by the building inspector to proceed with such work. Any stop work order shall be posted upon the work being done in violation of this ordinance. Provided, however, that the hearing provided for by this subsection may be dispensed with when, in the opinion of the building inspector, the work being done contrary to the provisions of this ordinance could cause imminent peril to life or property.
(D) 
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this ordinance, the permit authority shall serve notice in writing upon any person using or causing such use or occupancy, or the agent of any such person, ordering such person to show cause why such use or occupancy should not be ordered discontinued. Any such person served with notice shall proceed within five days to show cause to the permit authority, why such order should not issue and if such person shall fail to show good cause, then the permit authority may order such use or occupancy discontinued by notice in writing served upon such person, or agent and such person shall vacate or cause to be vacated such building or portion thereof within ten days after receipt of such notice or make the building or portion thereof comply with the requirements of this ordinance. Any discontinuance order shall be posted upon the building or portion thereof being used or occupied in violation of this ordinance. Provided however, that the hearing provided for by this subsection may be dispensed with when, in the opinion of the permit authority, the use or occupancy which is contrary to the provisions of this ordinance could cause imminent peril to life or property.
(E) 
Preserving rights in pending litigation and violations under existing ordinances. By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized. Uses not permitted by this ordinance shall be nonconforming uses when so recognized, or illegal uses, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance has not been repealed.
(F) 
This ordinance shall not be applicable to any area of the City of Kyle that is not located within the Plum Creek Planned Unit Development.
(G) 
Completion of authorized buildings. Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of this ordinance, provided such building was authorized by building permit issued before the passage of this ordinance, and construction of such building shall be started within 90 days of the passage of this ordinance.
(A) 
No land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the permit authority stating that the building or proposed use thereof complies with the provisions of this ordinance.
(B) 
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the building inspector.
(C) 
Application for a certificate of occupancy shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within ten days after the permit authority has been notified in writing that the building or premises is ready for occupancy. The permit authority shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
(D) 
No permit for excavation for, or the erection or alteration of, or repairs to, any building shall be issued until an application has been made for a building permit.
(E) 
No permanent water, electrical or gas utility connections shall be made to the lot or tract, or any building or structure until and after a building permit has been issued by the building inspector.
(A) 
A request to change the zoning classification of a particular parcel of land may be initiated by the owner of such parcel, the planning and zoning commission or the city council.
(B) 
Application by property owner. A property owner may file an application with the city secretary requesting the city council to consider changing the zoning classification of his or her property. Such application shall be accompanied by a fee set by the city council and shall contain the following information:
(1) 
Legal description and address of the parcel affected;
(2) 
Present zoning classification of the parcel and of all contiguous parcels around it;
(3) 
Present use of the parcel and of all contiguous parcels around it;
(4) 
Type and location of any structures on applicant's parcel and on adjoining land;
(5) 
A traffic impact analysis shall be submitted where development is proposed which would generate 1,000 or more trips per day. Submission shall occur simultaneously with the applications for zoning, special use permits or building permit site plan approval; and any other relevant information requested by the planning and zoning commission. The planning and zoning commission shall review each application for a zoning change and prepare a brief report on whether the requested change conforms to the classification specified in the land use map of the Plum Creek PUD and the comprehensive plan of the city for such parcel. Where an application for a zoning change is made by the owner, the owner shall provide appropriate evidence of any significant and unanticipated changes that have occurred in the area affected which make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the Plum Creek PUD master plan. If the requested change does not conform to the Plum Creek PUD master plan, the commission's report may indicate whether any significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the land use map was adopted which make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the Plum Creek PUD master plan. The report shall also indicate whether the requested zoning classification is the most appropriate classification for the area affected.
(C) 
Resolution from planning and zoning commission. The planning and zoning commission, by resolution directed to the city council, may request a change in the zoning classification of particular parcels of land in order that such parcels will conform to the classification specified on the land use map of the comprehensive plan of the city. No site plan shall be necessary for such a zoning classification application.
(D) 
The city council, by motion, may initiate a proposal to change the zoning classification of particular parcels of land in order that such parcels will conform to the classification specified on the land use map of the comprehensive plan of the city. Such action by the city council will be initiated by requesting the recommendation of the planning and zoning commission. No site plan shall be necessary for such a zoning classification application.
No application for site plan approval shall be accepted for filing nor be processed, and no building, site clearance, or grading permit shall be issued for any work other than in connection with a single-family residential use, on land which is being considered for a change in zoning classification on the request of the owner. Except when waived by the city council, no such approval or permit shall be issued during any period, not to exceed 60 days in duration, for any land for which a zoning change is being considered at the request of the city council or the commission. The 60 day period shall begin on the date the city secretary submits the proposed zoning change to the planning and zoning commission for a report and recommendation.
Applications for permits, change of zoning classification, site plan and subdivision approvals which involve the same development and contiguous land may be considered together, before either the planning and zoning commission, the city council, or both, at a single hearing, rather than at a separate hearing for each related application. The mayor of the city, with city council approval or ratification, shall make the determination of whether to have a joint hearing.
(A) 
Purpose.
A use permit is a document authorizing the existence of a nonconforming use, a conditional use, or a variance as these terms are herein defined. The issuance of a use permit may be prerequisite to the issuance of a building permit or certificate of occupancy but shall not alleviate the requirement of such. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this ordinance.
(B) 
Approval—Responsibility.
(1) 
The building official shall issue use permits for all nonconforming uses in existence at the time of enactment of this ordinance and the building official may rescind a use permit for a nonconforming use upon cessation of the use of the building or land as set out in article II.D.4.
(2) 
The commission shall have the responsibility for the consideration of use permits for conditional uses.
(3) 
The board of adjustment may issue use permits for variances and may direct the issuance or revocation of nonconforming use permits on appeal, from a decision of the building official, as otherwise authorized by law.
(4) 
The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping and additional improvements such as fencing, curbing and sidewalks.
(C) 
Issue procedure.
(1) 
Non-conforming uses.
With respect to nonconforming uses in any district at the time of enactment of this ordinance, it shall be the duty of the building official to investigate and document the existing use, the size and type of structure or land use, and to issue a use permit in accordance with the conditions of this ordinance. No application or filing fee is required; provided that nonconforming uses shall not be presumed and a subsequently claimed nonconforming use which is not known to the building official on the effective date of this ordinance, or for which no written request for a use permit is made by the landowner within 60 days after the effective date of this ordinance, will be conclusively deemed not to have existed on the effective date of this ordinance.
(2) 
Conditional use.
A conditional use permit may be applied for and issued after an application has been filed, notices given and the holding of public hearings as set forth in article II.D.3.
(D) 
Procedure for application for a use permit.
(1) 
Applications for use permits shall be made on a form provided by the building official accompanied by all required fees filed with the building official. Such application must be accompanied by a site plan showing the proposed use of the land and buildings and must show the surrounding land uses in such detail as necessary to clarify the claims made in the application. The building official shall forward such information regarding conditional use permit applications to the commission with his recommendation. No such conditional use permit shall be final until approved by the city council after public hearing.
(2) 
Applications for conditional use permits shall be considered and acted upon, approved or denied, in compliance with this ordinance and Chapt. 211, Loc. Gov't. Code [V.T.C.A., Local Government Code § 211.001 et seq.].
(3) 
Applications for a use permit documenting a legally existing nonconforming use shall be made on a prescribed form, accompanied by all required fees, filed with the building official.
(4) 
Applications for a variance use permit, or appeal of the grant or denial of a use permit by the building official (acting under [D](3) above) shall be addressed to the board of adjustment and made on the required form, accompanied by all required fees. Such applications shall be filed with the building official and the notices shall be given and the procedures followed as otherwise prescribed by law.
(E) 
Appeal.
Any person or persons, jointly or severally aggrieved by a decision of the building official, commission, or the board of adjustment with respect to any matter that is not a variance or special exception to this ordinance and subject to the board's sole jurisdiction pursuant to § 211.008 et seq., Loc. Gov't. Code [V.T.C.A., Local Government Code § 211.008 et seq.], may present to the city council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the ground of injustice. Such petition shall be presented to the city council within ten days after the final decision of the commission, and not thereafter.
(F) 
Recording.
One copy of an approved use permit shall be delivered to the owner of the property, one copy shall be filed in the office of the building official.
(G) 
Development.
Following the issuance of a use permit the building official shall make inspections to determine that, if the development is undertaken, such development is completed in compliance with said permit. However, if a use permit has not been used within six months after the date granted, the permit is automatically canceled which fact shall be noted over the signature of the building official on the file copies of the permit and the owner shall be so notified in writing.
(A) 
General.
All signs shall conform to the requirement of the building code and this section 7 unless otherwise approved by the Plum Creek Architectural Review Committee (PCARC). Proof of PCARC approval is required with application for city permit. For detailed information on the classifications shown in quotation marks, refer to the building code.
(B) 
Existing signs.
All existing signs in use within the Plum Creek PUD on the effective date of the ordinance from which this section derives shall carry the "identification of signs" as required in the building code and are approved.
(C) 
Temporary signs.
A temporary sign pertaining to lease, rental or sale of premises or structure located thereon is permitted in all districts when located on such premises or structure. Such signs shall not be lighted, and shall not exceed 64 square feet in area. No permit is required.
(D) 
Plum Creek monument/development signs.
"Ground signs," announcing or describing the Plum Creek Development, may be lighted. A sign with the proper name of a legally recorded subdivision may be permanently erected and does not require a city permit.
(E) 
Signs having flashing or moving parts, or "spectacular signs" are not permitted.
(F) 
Special district sign requirements.
(1) 
Residential PUD districts.
A person having a legal home occupation may display a nameplate on the face of the building or porch. The nameplate may contain only the name and the occupation of the resident. It shall be attached directly to the building or porch and shall not be illuminated in any way. No permit is required.
(2) 
Neighborhood commercial PUD districts.
Signs when attached to buildings shall advertise only services or products which are offered within the building to which the sign is attached, and such signs shall not extend above the roofline of such buildings or more than one foot from the face of the building. No flashing or moving signs are permitted and no "spectacular signs" are permitted. No detached signs or billboards are permitted. See building code for permit requirements.
(3) 
Other PUD districts.
No sign shall have flashing lights or moving parts if within 50 feet of a public street. "Spectacular signs" are not permitted. No sign or any part thereof shall be located within five feet of any public easement without approval by PCARC or city council. No more than one attached sign per user shall be allowed on any one building lot.
(4) 
PUD districts.
Temporary signs, not to exceed 120 square feet, are permitted in a PUD district.
(5) 
[Deed restrictions.]
Any and all signs which are allowed or prohibited shall be agreed to between the PUD developer and the city, and said requirements shall be included as deed restrictions within each subdivision.
(G) 
Billboards.
No billboards or signs shall be erected advertising products or services not available on the site.
(H) 
Street number.
A street address number, as designated by the building official, is required for all residences and establishments it must be readable from the street and may be on the building or in the yard and include the name of the occupant. No permit is required.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
The purpose of this section is to provide uniform sign standards that perform the following:
(1) 
Promote a positive image of the city and uniform signage program within the Plum Creek PUD boundaries;
(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 fire fighting 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 an 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 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.
(7) 
Signage should be compatible with the proposed architectural style and be scaled appropriately. Signage height and size should consider sight distance from adjacent streets and visibility within the community. The design and location of signage must be approved by the PCARC or assigns.
(B) 
By recognizing this purpose this section 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 section 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 section, the PCARC or assigns shall issue final determination.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
This section shall not be construed, applied, interpreted, nor enforced in a manner to violate the First Amendment rights of any person, and the building official shall seek the advice and recommendation of the city attorney prior to taking any action to enforce any provision of this ordinance with respect to any noncommercial sign or speech by any person.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Authority.
The building official and the code enforcement officer is hereby authorized and directed to enforce all the provisions of this chapter. For such purposes the building official has the powers of a code enforcement officer.
(B) 
Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official 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 building official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this chapter. If such building or premises is occupied, the building official shall first present proper credentials and request entry; and if such building or premises is unoccupied, the building official 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 building official shall have recourse to every remedy provided by law to secure entry.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
As used in this chapter, all words shall have the common meaning of such word and the following terms shall have the meaning indicated below unless context clearly indicates otherwise:
Actively being built.
The project or subdivision has continuous construction efforts underway to complete the project.
Activities and events sign.
An enclosed, marquee-type sign to provide public buildings, churches (limited to places of worship only), and neighborhood associations, herein referred to as "the entity(ies)" the opportunity to post notices of meetings, activities, and other notices of interest to the entity or group it serves. The purpose of this sign is to facilitate communication within the community served by the public buildings and the churches, and within the larger neighborhoods of 50 homes or more represented by their neighborhood association.
Arcade signs.
Is a panel erected parallel to a building façade and within the opening of an arcade. Arcade signs must be supported their entire length by metal brackets, grillage or supports. An arcade sign may be non-illuminated or internally illuminated. An arcade sign may include neon tubing when forming a border for the subject matter or when forming letters, logos, or pictorial designs. The bottom edge of an arcade sign must be at least nine feet above the finished grade. The location of an arcade sign must be centered on the arcade entrance. The signage panel must be made of wood, sign foam, made to look like wood or metal. The support for the sign must be decorative and made of metal. Sign lighting must be affixed to the building or to the sign and must be shielded to prevent the light from shining directly into traffic, upper floor windows and pedestrian's eyes. Individual letters or graphics may be internally illuminated and glow either with a halo illumination effect or glow through their front faces. The use of neon is permitted. Exposed raceways, conduits and transformers are prohibited. The height of the arcade sign cannot exceed four feet.
Awning Sign.
A sign that is applied to, attached to or painted on an awning, which is intended for protection of weather or as a decorative embellishment. Awnings project from a wall or roof of a structure and are located over a door or window. Awnings must be professionally constructed and cannot be made of vinyl. All internal support structures must be made of metal. Awnings are allowed to project over a sidewalk to a maximum of eight feet and must have a minimum clearance of nine feet. Awnings may have lettering and graphics on the front or side vertical panels only except that awnings located over the primary entrance of a building may have one store logo or the store name applied within a 16 square foot area on the sloped portion of the awning. Awnings may be lighted from above with lighting affixed to the building. All lighting must be shielded to prevent the light from shining directly into traffic, upper floor windows or pedestrian's eyes, in no case can the supporting structure of an awning sign extend into or over the street curb. Awnings must end a minimum of three feet from the curb edge. In instances where an awning encroaches into areas where street lights, trees or other obstacles in the streetscape conflict, the awning must be reduced in size (overhang) so as to eliminate the conflict. Awning support structures must be designed to meet local wind loads. Portions of the awning can be internally illuminated, provided hat the entire awning can be internally illuminated. Awnings that do not include lettering or graphics are not considered signs.
Banner.
A sign made of fabric or any nonrigid material.
Bay windows.
A sign erected parallel to the façade of any building to which it is attached and supported throughout its entire length at its base by the top edge of a bay window. A bay window sign may have no-illuminated or internally illuminated lettering and graphics. Neon is permitted. Lettering and graphics may be raised up on pins to prevent the graphics from being obscured by the window trip from the sidewalk. Signage lettering and graphics must be made of wood, sign foam that simulates wood or metal. Faces of internally illuminated graphics may be made of acrylic, lexan or similar material. Signage lighting must be affixed to the building or to the sign and must be shielded to prevent the light from shining directly into traffic, upper floor windows or pedestrian's eyes. Individual letters or graphics may be internally illuminated and glow through the front faces. Exposed raceways, conduits and transformers are prohibited. The length of the bay window sign cannot exceed the width of the bay window. The height of the sign cannot exceed four feet and the depth of the sign cannot exceed 12 inches.
Berm (monument) sign.
A sign where the frame of the sign face is set at grade with the ground as a monument or in an earthen berm. There is no clearance between the ground and the sign face.
Billboard.
A sign advertising products not made, sold, used or served on the premises displaying such sign, or a sign having a height greater than 12 feet and a surface area greater than four hundred square feet.
Building identification.
Identifies commercial buildings at a scale appropriate to both vehicular and pedestrian traffic; in any case, the size of a building identification sign shall only contain the building name and street address. The street address may be applied to a canopy, awning or directly to a building. The building identification sign must be constructed as a single-sided, no-illuminated painted metal sign attached directly to the building. The color of the sign must be compatible to the building and must be approved by PCARC. This sign may be indirectly lot. Each building is allowed one building identification sign per face of building.
Building official.
Any officer or employee, or person, designated by the city manager to perform the duties set forth in this ordinance to be performed by the building official.
"Burma Shave" signs.
A sign intended to provide information and direction to potential home buyers within a recorded subdivision in which new homes are actively being built.
Canopy.
A sign that is applied to, attached to or painted on an architectural canopy. The canopy must be intended for protection from the weather or used as an architectural embellishment and project from a wall over a door window. Canopies may be made out of wood, metal or glass, but all support structures must be made of metal. Canopies are allowed to project over a sidewalk to a maximum of six feet and must have a minimum clearance of nine feet. Canopies may have side panels, and may have a panel enclosing the underside of the canopy. Canopies may have lettering and graphics on or above the front or side vertical panels. Canopies may be lighted from above with lighting affixed to the building. All lighting must be shielded to prevent the light from shining directly into traffic, upper floor windows or pedestrian's eyes. Individual letters or graphics may be internally illuminated and glow either with a halo-illumination effect or glow through their front faces. The use of neon is permitted. No exposed raceways, conduits or transformers are permitted. In no case can the supporting structure of a canopy extend into or over the street curb. Canopies must end a minimum of three feet from the curb edge. In instances where canopies encroach into areas where street lights, trees or other obstacles in the streetscape conflict, the canopy must be reduced in size (overhang) so as to eliminate the conflict. Canopy support structures must be designed to meet local wind loads. Canopies that do not include lettering or graphics are not considered signs.
Changeable electronic variable message sign.
A sign which permits alteration of the sign's message or images by electronic means. This includes a sign using light-emitting diodes (LEDs) or other means of digital display to resent a message or images.
Clearance (of a sign).
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.
Locations where the principle use of the property is not classified as residential or multifamily.
Construction trade sign.
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.
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.
Directional signs, traffic.
An on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment and no advertising copy, e.g., parking or exit and entrance signs.
Electrical sign.
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.
A sign that includes provisions for programmable electronic message changes.
Facade.
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.
The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. Flashing signs are not permitted.
Flashing.
To light intermittently. To change colors intermittently in order to achieve a flashing, fluttering, scrolling, undulating, or rolling affect (i.e. LED displays). Scrolling of text in a single color is not considered to be flashing.
Freestanding sign.
A sign that is not attached to a building but is permanently attached to the ground.
Frontage.
A boundary line separating the public right-of-way from the lot.
Future development signs (temporary construction, real estate, or development sign).
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.
Government sign.
A sign installed, maintained, or used:
(1) 
By a city, county, state or the federal government, required or specifically authorized for the public purpose pursuant to regulations promulgated by the state or federal government;
(2) 
By the City of Kyle.
Gross surface area.
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).
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.
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.
Incidental sign.
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.
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.
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.
Intersection.
A place where two roads meet or form a junction. For purposes of this ordinance, sign setback distance is measured from the intersections of the curblines of two streets.
Kiosk sign or kiosk.
A free-standing sign structure located in or adjacent to public right-of-way authorized by written agreement approved by the city council that features a City of Kyle identification panel at the top of each structure, and displays directional information to new homes, independent school district facilities, and municipal or community events or facilities.
Lamppost banners.
A fabric banner applied to lampposts with standard banner arms. The lamppost banners must be made of canvas, vinyl or other suitable banner fabric. Lamppost banners must be double-sided with similar imagery on both faces. Lamppost banners must include pictorial elements. The maximum size for lamppost banners is two feet, six inches wide by five feet tall. No more than two lamppost banners may be erected on a single lamppost. The minimum clearance from the pavement to the lower banner arm is nine feet and the lamppost banner and banner arm cannot extend over the street pavement. Lamppost Banners are limited to holiday messages, community events or festivals. No retail advertising shall be permitted on lamppost banners.
Marquee.
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.
Includes freestanding historical markers in accordance with state historical standards, and/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.
Freestanding or wall signs used for the purpose of informing patrons of food, which may be purchased on the premises.
Model homes sign.
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:
Are define by details located in section 7.16.
Multifamily.
Locations that contain three or more attached units designed for residential use including town homes and condominiums.
Multitenant center sign.
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.
Multitenant center identification sign.
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.
Nameplates.
Nonelectrical, on-premises signs that communicate only the name of the occupant of the address of the premises.
Nonconforming sign.
A sign that was lawfully installed at its current location prior to the adoption or amendment of the ordinance from which this section derives, but that does not comply with the present requirements of this section.
Off-premises sign.
A sign referring to goods products or services provided at a location other than that which the sign occupies.
On-premises sign.
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.
Office tenant identification sign.
Each building that houses offices is allowed one primary tenant identification sign. The office tenant identification sign identifies the commercial tenants at the entrance to the building. Office tenant signs are encouraged to be attached to the face of the building. Where the sign is freestanding, it must be located parallel and as close as possible to the building facade, and provide a minimum four-foot clear area on the sidewalk to prevent obstruction of pedestrian circulation. The office tenant identification sign is a single-sided, internally illuminated or nonilluminated painted metal sign with changeable panels. The address of the building may also be included in the face of this sign. The maximum size for the office tenant identification sign is 64 feet.
Parapet.
The extension of a false front or wall above a roofline.
Point-of-sale sign.
A sign advertising a retail item accompanying its display (e.g., an advertisement on a product dispenser).
Political sign.
A sign advertising a political candidate or party for elective office or that advertises primarily a political message.
Portable signs.
Signs not permanently attached to the ground or other permanent structure, or a sign designed to be transported by wheels including, but not limited to signs which are mounted on skids, trailers, wheels; signs converted to A- or A-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising.
Primary beneficiary.
Any person who 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.
Primary tenant.
The primary tenant sign is a wall sign used to identify the primary tenant in a multistory building. The size of the sign is appropriate to be visible from vehicular or pedestrian traffic. The maximum size for each primary tenant sign is 200 square feet and may not be placed on a wall below the third story. Each building may be allowed one primary tenant sign.
Private traffic-control signs.
Small traffic directional signs indicating interior circulation of parking areas on site, warn of obstacles or overhead clearance, or designate permissible parking.
Project directory sign.
Project directory signs contain a map of listing of key destinations within the mixed use districts of Plum Creek. The project directory sign is scaled to pedestrian use. A project directory sign may be single or double-sided and may be internally illuminated. The maximum size for a project directory sign is 12 square feet. Project directory signs may be placed on the sidewalk provided a four foot clear area is provided for pedestrians. No retail advertising is allowed on project directory signs.
Projecting signs.
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 signs.
Freestanding signs that are 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. Pylon signs are not considered monument signs.
Real estate signs.
Temporary signs advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Rear of building signs.
Rear of building signs are signs that do not face a public street and are used to identify tenants in a building. One rear of building sign per tenant is allowed on the rear face of the building if there is a public entrance to the building from the rear of the building. Rear of building signs, may be wall signs or window signs and may be made of the same materials that are permitted for these signs. Rear of building signs cannot exceed 24 square feet in area. Rear of building signs can only identify tenants who are actually in the building to which the sign is attached.
Residential.
Locations where the principal use of the property is for one and two-family dwelling units.
Roof sign.
Any sign installed over or on the roof of a building.
Sandwich board signs.
A sign constructed in such a manner as to form an "A" or tent-like shape. The sign can be hinged or not hinged at the top and each angular face help at an appropriate distance by a supporting member. Sandwich board signs are the only portable signs allowed in Plum Creek. Sandwich board signs may be placed on the sidewalk in front of a retail or restaurant premises during business hours only. Sandwich board signs must be located at least three feet from the curb of any adjacent street. Should a sandwich board sign be placed on or adjacent to a sidewalk, an unobstructed pedestrian clearance of at least four feet from the curb of any adjacent to the sign. A maximum of one sandwich board sign may be placed per business or tenant within storefront limits of the business the sign advertises. Sandwich board signs cannot be closer than 20 feet to another sandwich board sign. Dry-erase boards are prohibited on sandwich board signs. The maximum size of a sandwich board sign is 12 square feet per side. The maximum height of a sandwich board sign is four feet.
Sign.
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 premises, excluding those lights and landscape features which display words or symbols as holiday decorations. The term "sign" also includes the supporting structure of the sign.
Sign area.
Includes all lettering, wording, logos, design, symbols, framing, roofing, and cabinets, or modules, calculated according to the provisions established in this section.
Sign panel.
An individual sign placard displaying directional information on a sign kiosk.
Sight triangle.
The area of vehicle visibility at all street intersections, which shall be clear of all obstructions that may present a hazard to traffic. The visual triangle for a street shall be described as a 45-degree triangle where the right angle sides measure at the very minimum 25 feet. The visibility triangle shall be measured from a point at which the projected curb lines intersect.
Small blade signs.
A sign is attached to and projects out from a building face or wall more than 12 inches and are generally set at a right angle to the building. Small blade signs may project over the sidewalk, but must be set back at least three feet from the back of curb and have at least nine feet of clearance from grade. Support structures for small blade signs must be decorative in nature and made of metal. Supports must be engineered to support local wind loads. The sign panel, lettering and graphics can be made of wood, synthetic wood or metal. A small blade sign's background panel may be internally illuminated or made of acrylic, Plexiglas or similar plastic sheeting. Individual letters or graphics may be internally illuminated and glow either with a halo-illumination effect or glow through their front face. The use of neon is permitted. Exposed conduits, raceways or transformers are prohibited. Indirect lighting must be attached to the building or sign and be shielded to prevent the light from shining directly into traffic, upper floor windows or pedestrian's eyes. The size of a small blade sign cannot exceed 12 square feet in area. The support structure is not included when calculating area. Small blade signs must be double sided and depth of the sign cannot exceed eight inches. Only one face of the sign will be used to calculate size.
Subdivision.
For purposes of this section, the subdivision in its entirety, not a phase, section, village, unit, or product line.
Subdivision development entrance signs.
Defined as:
(1) 
Primary entrance signs;
(2) 
Secondary entrance signs; and
(3) 
Tertiary entrance signs;
and are used to define various entries of the subdivision.
Temporary Banner.
Signs advertising "Going Out of Business" events are prohibited. Temporary banner signs must be professionally constructed and may not be attached directly to windows with tape of adhesive.
Temporary sign.
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.
An on-premises wall sign of a nonpermanent nature advertising a special event, sale, product, or service.
Valet parking identification
A series of signs used to identify a valet parking station. Each station is allowed three components: 1) valet station with umbrella or awning; 2) a sandwich board sign; and 3) cones. Valet parking identification or valet parking operations shall not occur in the public right-of-way, except that a sandwich board sign complying with the limitations set forth for signage, maximum signage allowances; sandwich board signs of these development standards may be allowed in the sidewalk, provided that at least four feet of clearance is maintained for pedestrians.
Vertical projecting signs.
A sign that is attached to and projecting out from a building face or wall more than 12 inches, generally set at a right angle to the building. A vertical projecting sign may overhang the sidewalk but must be located a minimum of three feet from the back of curb. At least nine feet of clearance must be provided between the bottom of the sign and the sidewalk. Vertical projecting signs can extend above a tenant's lease space with approval of the owner of the building. The support structure from which the projecting sign panel is suspended must be decorative in nature and made of wood, synthetic wood or metal. Signage lighting must be affixed to the building or to the sign and be shielded to prevent the light from shining directly into traffic, upper floor windows or pedestrian's eyes. A vertical projecting sign's background panel may be internally illuminated and made out of acrylic, Plexiglas or similar sheeting. Individual letters or graphics may be internally illuminated and glow with either a halo-illumination effect, or glow through their front face. The use of neon is permitted. Exposed raceways, conduits and transformers are prohibited. The height of a vertical projecting sign cannot exceed 75 percent of the overall wall length of the wall on which it is erected or a maximum of 25 feet, whichever is less. Vertical projecting signs must be double-sided. The depth of the sign panel may not exceed 15 inches, including the depth of the applied letters or graphics. The size of a vertical projecting sign cannot exceed 150 square feet in area. Only one face of the sign will be used to calculate size, graphics may be internally illuminated and glow either with a halo-illumination effect or glow through their front face. The use of neon is permitted. Exposed conduits, raceways or transformers are prohibited.
Wall sign.
A sign attached to the façade of a building or a canopy. Wall signs include signs on or affixed to walls, windows, awnings, or other parts of the exterior of a building or canopy.
Window or door surface signs.
Signs installed on or in a window or door.
Window signs.
A sign that is visible from a public street or sidewalk and that is posted, attached, painted or affixed in or on a window, or a sign that is located within three feet of a window. Window signs must be located on the inside of the window. The area of the window sign cannot exceed 25 percent of the square footage of the window in which the sign is located. Only one window sign is allowed per window. Window signs may be located on the upper floors of a building. Hours of operation, not to exceed two square feet per window, shall not be counted in the square footage allowance of a window sign. When the address of the business is displayed as a window sign, the address shall not be counted in the square footage allowance.
Work of art.
Sculpture, fountain, or similar object, and containing no reference to or image of a business or its logo, is not considered as a sign.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
All land within the city and its extraterritorial jurisdiction (ETJ) is subject to compliance with this section.
(B) 
The sections, provisions, and regulations set forth in this section 7 shall apply to the control, use, installation, regulation, licensing and permitting of signs within the Plum Creek PUD.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Permit required.
It shall be unlawful for any person to erect, construct, enlarge, move or convert any sign within the Plum Creek PUD without first obtaining a PCARC approval and a city sign permit and paying a permit fee unless specifically provided otherwise in this chapter. A change of business requires a new sign permit.
(B) 
Compliance required.
No person may install a sign or structurally alter an existing sign except in conformity with this ordinance and other applicable federal, state, and local regulations, Including, but not limited to, the building code, electrical code, and other applicable ordinances of the city. In the event of a conflict between this chapter and other laws, the most restrictive standards applies.
(C) 
Permit not required.
Permits shall not be required for the following signs, provided, however, that such signs shall otherwise comply with all applicable sections of this chapter.
(1) 
On-site real estate "for sale" signs, or for a model home sign and future development signs that is approved by the PCARC.
(2) 
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.
(3) 
Government signs, including traffic signs, private traffic-control signs, regulation address numerals, and memorial signs.
(4) 
Construction trade signs.
(5) 
Garage sale signs.
(6) 
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 section shall be deemed responsible for the violation of this section.
(E) 
Building official authority.
The building official 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 insure compliance with this chapter; and
(4) 
Investigating complaints of alleged violations of this chapter.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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 building official may require structural drawings designed and sealed by a civil engineer registered by the State of Texas when it cannot otherwise be determined that the sign will be structurally sound if building official, engineering data certified by a licensed structural engineer shall be supplied on any submitted plans.
(5) 
Any electrical permit required and issued for said sign if required.
(6) 
For free-standing signs, documentation demonstrating that the applicant holds general liability insurance in the amount of one million dollars. 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 building official a certificate of insurance verifying general liability insurance in the amount of $1,000,000.
(7) 
A surety bond in the sum of $5,000.00 for the installation and erection of the sign payable to the city and providing for the indemnification of the city and any and all damages or liability which may accrue against the city for a period of one year after installation, erection, demolition, repair, removal, or defects in or collapse of any sign.
(8) 
The permit fee.
(9) 
Written PCARC approval.
(B) 
Fees for sign permits shall be as specified in appendix A, and calculations of the square footage shall include decorative trim and borders, but exclude supports, except when otherwise specified in this chapter.
(C) 
Expiration of sign permits:
(1) 
A sign permit shall expire and become void unless a request for final inspection of the sign is made no later than 180 days after the date the permit is issued.
(2) 
A single extension 90-day extension of the permit may be granted by the building official if requested before the expiration of the permit. Final inspection must be requested before the end of the extension period or the permit becomes void.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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 rectangle(s) that will enclose both 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 rectangle(s) 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 sign shall count toward the sign area.
(4) 
Multiface 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.
(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 653, § 3(Attach.), adopted 4/19/2011)
The following signs are prohibited from installation, construction, repair, alteration, location or relocation within the city, except as otherwise permitted in this section.
(1) 
Signs with flashing lights, revolving beacon lights, fluttering, undulating, swinging, or otherwise moving parts. For purposes of this section, an electronically controlled changeable-copy sign is not considered a flashing sign unless it directly falls under the definition of 'flashing' as defined in this section.
(2) 
Billboards.
(3) 
Off-premises signs, except for kiosks and any other sign specifically authorized in this ordinance that are compliant with this section.
(4) 
Portable signs.
(5) 
Temporary signs except as specified in section 29-20.
(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) 
Roof signs.
(8) 
Signs painted on fences or roofs.
(9) 
Pylon signs, except as specifically provided for section 29-17.
(10) 
Inflatable signs larger than eight feet in any dimension.
(11) 
Light emitting diode (LED) displays or signs, with the limited exception of LED message boards and static LED fuel price signs that comply with section 29-16 and section 29-17. Such signs, where authorized, shall fully comply with the requirements of this chapter. Electronic message signs are allowed only as part of the monument sign and can have a display size no larger than 12 inches by 72 inches. Messages shall be programmed to remain static for a period of not less than 60 seconds. Messages shall not be programmed to flash.
(12) 
Changeable electronic variable message signs except as specifically provided in this chapter.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
The following types of signs shall be exempt from the permitting provisions of this section. However, regulations regarding sign location in a public right-of-way or public access easement shall apply. It is further specifically provided that the building official 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 section.
(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 placed by a city, county, state or national historical preservation organization.
(4) 
Official vehicle inspection station signs, holiday lights and decorations, or works of art.
(5) 
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.
(6) 
On-site traffic control signs on commercial properties, such as stop, yield, and similar traffic control signs containing no commercial message.
(7) 
"No parking" or "towing" signs authorized by city ordinance.
(8) 
"No dumping allowed" signs posted to deter illegal dumping not exceeding four square feet.
(9) 
Underground utility warning signs not exceeding one square foot in size and similar safety signs.
(10) 
Signs on railway property, which references the operation of such railway.
(11) 
Security warning, neighborhood watch or crime watch signs under two square feet.
(12) 
Flags, emblems and insignia of any governmental body, including the official flag of a nation or of a state is not a sign subject to this chapter. Notwithstanding the preceding sentence, a national or state 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.
(13) 
Corporate flags displayed on a freestanding pole, which do not exceed 35 feet in height. The flag shall not exceed 32 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.
(14) 
Hand held signs or signs, symbols or displays on persons or animals, except for signs that qualify as human signs.
(15) 
Signs located on mall 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.
(16) 
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, telephone facilities, automatic teller machines, automatic vacuum cleaners, amusement rides and similar machines, devices or equipment.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
For purposes of this section, property within the city's sign ordinance jurisdiction is classified into a sign category. Those properties within the city's limits are classified based upon their zoning district classification. Those properties located within the ETJ shall be classified into a sign category by the building official based upon the existing or proposed use and the zoning district most closely associated with that use. Classification into a sign category is for the purposes of signage only and does not establish vested use rights towards the assignment of zoning should the property be annexed into the city limits. In overlapping areas, the most restrictive sign regulations will apply.
(1) 
Single-family residential sign category includes any residential site in an agricultural (A), manufactured housing (M-1, M-2, M-3), or any single-family (SF, R-1A) townhouse (R-1-T) zoning districts or equivalent land use in the ETJ. Nonresidential uses permitted in the identified residential districts shall be included in the commercial sign category.
(2) 
Multifamily residential sign category includes any site in a multifamily (R-2, R-1-C, R-3-1, R-3-2, R-3-3) zoning districts or equivalent use in the ETJ. Nonresidential uses permitted in the identified residential districts shall be included in the commercial sign category.
(3) 
Commercial sign category includes any site in retail services (RS), warehouse (W), construction manufacturing (CM), entertainment (E), and transportation utilities (TU) zoning districts or equivalent use in the ETJ and the permitted nonresidential uses identified in the city's residential and multifamily zoning districts.
(4) 
Central business district sign category includes any site that is located within the boundaries of the central business district (CBD) zoning district.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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.
A minimum setback of at least five feet from any property line is required for all signs. A sign installed in compliance with this ordinance is not required to meet building setback requirements established in a separate city ordinance; however, no sign or sign support, other than a wall sign, may be installed less than 12 feet from the public right-of-way unless it is:
(1) 
Less 30 inches in height above street pavement grade;
(2) 
Has a clearance of more than nine feet above pavement grade, provided that the sign shall have a clearance of more than 12 feet when located over a driveway;
(3) 
Does not extend into or over the public right-of-way unless specifically authorized under this chapter.
(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 section, 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 withstand a horizontal pressure of 30 pounds per square foot of exposed surface.
(F) 
Maximum height.
No sign shall exceed the maximum height provided for in this chapter. In determining the maximum height of a sign, no sign shall 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) 
Historic district.
Signs on premises within a historic district designated by the city shall be subject to the issuance of a certificate of appropriateness by the state or local historic preservation commission.
(H) 
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 tines shall be as follows: for service lines, except those serving a sign, five feet horizontal and six feet vertical clearance; for distribution lines, 7½ feet horizontal and eight feet vertical clearance.
(I) 
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.
(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 the approval by the city council of a license agreement. No portion of a freestanding sign shall be permitted to extend into 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, public bench, street light, or any other structure located on or over any public property or public right-of-way, located within the city's planning jurisdiction, except as authorized by this section.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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) 
Central business sign category.
In the central business sign category, neon or phosphorescent lighting shall not exceed ten percent of the total signage allowed and may only be located in a window.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
General.
No sign other than a temporary event directional sign (such as a garage sale sign, event sign, or a real estate sign) or a political sign that comply with subsection 29-6(c)(2) shall be erected on property used for single-family or duplex dwellings.
(B) 
Burma shave signs.
(1) 
Not more than eight on-site subdivision burma shave signs may be permitted for each recorded subdivision not to exceed six per entry into the primary entrance of the subdivision.
(2) 
A burma shave sign shall not exceed 16 square feet of total sign area on one side and both sides of the sign may contain signage. The sign shall not exceed six feet in height and be located out of the right-of-way in a manner that does not obstruct the visibility of vehicle ingress/egress from surrounding streets and/or properties. For burma shave signs along roads bearing speed limits of 40 MPH or more or having setback at or greater than 25-foot setback, signs shall not exceed 64 square feet.
(C) 
Model home signs.
Model home signs are limited to a 32 square foot sign face, a height of eight 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.
(D) 
Subdivision development entrance sign.
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 with no other information. Subdivision entrance signs must be berm or monument signs constructed of stone, brick or other maintenance free material. 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. Lighting shall be ground lights or lights attached to the top of the sign focused downward directly on the sign.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Signs in multifamily locations shall be limited to signs allowed in this section and in all applicable restrictions of this section as well as other requirements of this Code, and any other applicable law.
(B) 
Except as provided in this subsection, a single freestanding sign is permitted only as berm or monument signs 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.
(1) 
Lighting shall be ground lights or lights attached to the bottom of the sign focused upward directly on the sign.
(2) 
The maximum size of the sign shall be 0.09 square feet per linear foot of frontage, up to a maximum size of 24 square feet. A minimum size of 12 square feet is allowed for a berm sign.
(3) 
The maximum height of the sign shall be eight feet.
(4) 
In the event the development has a second entrance from a public street, a second entrance sign may be constructed, at one-half the size of the one main entry sign.
(C) 
Wall signs are permitted at a size to be calculated as one-half square foot per linear foot of frontage, not to exceed a total of 35 square feet.
(D) 
Window or door surface signs are allowed .The total sign area of all window and door signs shall be included in calculating the maximum wall sign area authorized at a particular location.
(E) 
No LED displays, signs, or message boards are permitted in the multifamily residential sign category.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Awning signs.
The purpose of an awning sign is to provide an advertising message on the face of an awning. Awing signs shall only be allowed within commercial districts, industrial districts, the central business district.
(1) 
An awning may extend across the entire width of a building or tenant space. An awning may extend above the apparent roof line of the building, provided the awning extends across 75 percent of the entire width of the building facade to which it is attached. An awning shall not exceed six feet in height.
(2) 
The sign area on an awning shall not exceed 20 percent of the area of the awning and shall extend for no more than 50 percent of the length of the awning. A permit shall be required for an awning sign. Awning signs may be illuminated.
(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 a part or to which it is attached 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 only be allowed within commercial districts, industrial districts, and the central business district.
(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 within commercial districts, industrial districts and within the central business district.
(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) 
Maximum area:
A projecting sign shall not exceed 20 square feet. The plane of the message area shall not exceed 18 inches from the plane of the message area on the opposite side of the sign.
(3) 
Horizontal projection:
A projecting sign shall not project more than four feet from any wall facing and shall not be closer than two feet from a curb line. A projecting sign shall not extend above the apparent roof line of the building.
(4) 
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.
(5) 
A projecting sign may be illuminated.
(D) 
Light mounted banner signs.
Light mounted banner signs shall only be permitted In the central business district for the advertising of permitted community events, seasonal and historic themes, or other such civic purposes; on collector level and higher classification within a residential subdivision; within master planned commercial subdivision. Such banners are limited to subdivision identification, or seasonal decorations and works of art by local artists. Such banners must be approved by the appropriate electric utility company in addition to receiving a permit from the city manager's office. No permit shall be approved for a period exceeding 30 calendar days. 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.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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 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 a minimum of ten feet from the curbline.
(6) 
A construction trade 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 less. For the purpose of this provision, 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 of ten feet from the curbline.
(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) 
Garage sale signs.
The purpose of a garage sale sign is to announce the sale of household possessions.
(1) 
Garage sale signs shall not exceed four square feet. Signs shall be allowed for a maximum of 72 consecutive hours no more than two times per calendar year.
(2) 
Single-family residential on-premises: One garage sale sign per street frontage shall be allowed, but only on the premises where the garage sale is being conducted and where there is an existing residential use.
(3) 
Neighborhood-wide garage sales: Two garage sale signs per subdivision entrance shall be allowed for a neighborhood-wide garage sale sponsored by a homeowner's association (HOA). The garage sale sign may be off premises from where the actual garage sale is conducted, but the sign shall be located on property, including a street right-of-way, that is within the limits of the homeowner's association. The HOA must be registered with the city.
(4) 
Signs shall be placed at least 25 feet from an intersection and a minimum of ten feet from the curbline. Signs shall not be placed anywhere in the center median of a public or private street.
(5) 
No permit or fee shall be required for any garage sale sign.
(D) 
Real estate signs (commercial, including subfamily).
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 twenty-five feet from an intersection and a minimum of ten feet from the curbline.
(6) 
No permit or permit fee shall be required for a commercial real estate sign.
(E) 
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 from the curbline.
(5) 
No permit of permit fee shall be required for a residential real estate sign.
(F) 
A-frame signs.
The purpose of an A-frame sign is to provide temporary advertising during business hours of a commercial occupancy.
(1) 
Maximum height and area shall conform to the following table:
Maximum Height and Areas of A-Frame Signs
 
Max. Area
Max. Height
Located on a sidewalk
8 s.f.
4 feet
Located in a yard
24 s.f.
8 feet
(2) 
Time duration: Only displayed during business hours.
(3) 
Placement: Only allowed on private property, but may be located on a public sidewalk, provided a width of four feet snail remain tree from intrusion.
(G) 
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 from the curbline.
(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 section, shall be displayed within five feet of a vehicular traffic lane.
(4) 
Except as specifically provided otherwise herein, temporary signs shall not exceed four square feet in size and shall be allowed for a maximum of 14 calendar days per event. Temporary signs shall be placed at least 25 feet from an intersection and a minimum of ten feet from the curbline. Temporary signs shall not be placed anywhere in the center median of a public or private street.
(5) 
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 from the curbline. Open house signs shall not be placed anywhere in the center median of a public or private street.
(6) 
Use of temporary decorations as signs, otherwise referred to as decorative festoons, meaning tinsel, strings of ribbon, small commercial flags, or streamers may be used as temporary enhancement of signage in a commercial sign category, providing these devices have no glare, no moving parts, are maintained, and comply with all codes and policy guidelines governing their safe use. No lettering is permitted on these items. Temporary decorations may be used for a period not to exceed 30 calendar days with a period not less than 30 days between displays.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
One flagpole is allowed per development at a maximum height of 50 feet. Commercial flags are allowed in multifamily and/or commercial developments. No text or logo is permitted on such flags as such would constitute a sign. The national or state flag and the flagpoles for the express purpose of displaying the national or state flag are exempt from this section.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
For purposes of this section, an "advertising searchlight" means a searchlight used to direct beams of light upward for advertising purposes.
(B) 
Use of an advertising searchlight at any location is authorized upon issuance of a permit by the building official.
(C) 
The permit shall be effective for a maximum period of five days per calendar year to any business or group.
(D) 
An advertising searchlight shall not be operated between the hours of 1:00 a.m. and 6:00 p.m.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Kiosk signs are intended to provide a uniform, coordinated method of providing homebuilders and developers a means of utilizing directional signs, while minimizing the negative impacts of weekend homebuilder's signs on the appearance of the city Kiosk signs are also intended to provide service to the public on the directions to municipal facilities and parks, community events, and school district facilities.
(B) 
The city council may, by duly executed license agreement, grant the exclusive right to design, erect and maintain kiosk signs within the city limits and extraterritorial jurisdiction of Kyle.
(C) 
Kiosk signs shall be designed and constructed in accordance to the specifications contained in the aforementioned license agreement.
(D) 
Prior to erecting any kiosk sign, the licensee shall submit a sign location map to the building official for approval.
(E) 
Kiosk sign installation shall include break-away design features as required for traffic signs in the street right-of-way.
(F) 
Advertisement of price information shall be prohibited on kiosk signs.
(G) 
No additional or extraneous signs, pennants, flags or other devices for visual attention or other appurtenances shall be attached to kiosk signs.
(H) 
Kiosk signs shall not be illuminated.
(I) 
Individual sign panels on kiosks shall have a uniform design and color.
(J) 
Kiosk signs shall not interfere with the use of sidewalks, walkways, bike and hiking trails; shall not obstruct the visibility of motorists, pedestrians or traffic control signs; shall not be installed in the immediate vicinity of street intersections; and shall comply with the visibility triangle requirements contained in the Subdivision Regulations or other visibility easements provided by code or subdivision plat.
(K) 
Kiosk sign may be located on private property, or other state-maintained roadways, provided written permission is obtained from the property owner.
(L) 
Kiosk sign panels shall be available to all developers and homebuilders operating within the city on a first-come, first-served basis. Developers and homebuilders operating November 18, 2008 within the city limits shall have first priority to lease sign panels in the event extra panel space is available, residential developments, located outside the city limits may also lease panels.
(M) 
In accordance to the specifications contained in the aforementioned license agreement, a percentage of the kiosk sign panels shall be reserved for the city to use as directional signage to municipal or community facilities or locations or community events.
(N) 
No kiosk sign shall be placed, located, or installed on city-owned property or public right-of-way without a license agreement duly approved by the city council.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Activities and events sign.
An activities and events sign is a changeable copy directory allowed solely to public buildings, church buildings (places of worship only), and neighborhood associations, intended for use only by the entity where the sign is located. A maximum of one information sign shall be allowed for each neighborhood group, church, or public development complex, and it is not considered a freestanding sign in this section. Activities and events signs shall comply with the following criteria:
(1) 
The sign shall be constructed of a non-oxidizing metal (e.g. aluminum, stainless steel) cabinet set on a pole or on the ground as a monument, with a clear, acrylic panel inset and a locking door. The door of the sign shall remain locked except while the message is being posted.
(2) 
The maximum size of the cabinet shall be 12 square feet, and maximum height shall be five feet above grade.
(3) 
Only changeable letters shall be used and letters shall be no larger than four inches and no less than two inches in height.
(4) 
Such sign may have direct lighting that is placed inside the cabinet (portrait lighting); however, no backlighting or external direct lighting is permitted.
(5) 
Such sign shall be located at or near the entrance of the public building or church; for a neighborhood sign, such sign shall be located within the subdivision at a commonly traveled location, for example, near the neighborhood park or amenity center, the main mail station, or the main entrance to the neighborhood. Such a sign shall not be required to meet building setback requirements or setback requirements established in section 29-12 provided that it does not obscure the travel path or visibility of drivers, bicyclists, or pedestrians, as determined by the planning department. Such sign shall be located on property maintained by the neighborhood association or with a written agreement between the property owner and the neighborhood association. Such sign shall not be placed closer than 150 feet from the intersection of a collector street and a major or minor arterial street, as defined in the city roadway plan. Such signs shall be maintained by the neighborhood association in a "like-new" condition at all times.
(B) 
Government sign.
Government sign(s) are permitted in all categories, subject to all laws and regulations that apply.
(C) 
Memorial sign.
Memorial sign(s) may be installed in accordance with state historical standards, or as building cornerstones not to exceed eight square feet.
(D) 
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.
(E) 
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, the 75 percent visibility shall be maintained for the total window area on said elevation.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
By the passage of the ordinance from which this section derives and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this section but which existed on the effective date of this section 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 building official.
(2) 
The building official or his/her designee determines the sign to be obsolete or substandard under any applicable ordinances 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 653, § 3(Attach.), adopted 4/19/2011)
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 requirement of the electrical code.
(9) 
Is determined by the building inspector to be dangerous.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(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 building official or the code enforcement officer determine that any sign is not properly maintained, is unsafe or insecure or has otherwise been constructed, erected or maintained in violation of the provisions of this section, he shall take action as follows.
(1) 
Except as provided in the following paragraphs (2) and (3), the building official 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 building official 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 sign control board 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 sign control board shall rule upon the appeal.
(2) 
The building official 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 building official without notice to the owner.
(C) 
In addition to the above, the building official or the code enforcement officer may issue citations without giving prior notice of violation or pursue any other administrative or legal remedy in order to abate any sign which is in violation of this chapter or any other law.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
All signs in the city and its 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 falling to maintain, repair, or remove any such sign after due notices has been given shall upon conviction be guilty of a misdemeanor. The building official shall have the authority to order the painting, repair, or removal of a sign and accompanying landscaping which do not comply with this ordinance 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 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Board of adjustment is established as sign control board; composition.
The board of adjustment is hereby established to serve in a dual capacity as the sign control board ("SCB").
(B) 
Powers; duties of the SCB.
The city council authorizes the board of adjustment in its capacity as the SCB to sit as a board of appeals and to exercise the powers set forth in this chapter.
(C) 
Appeals.
Appeals to the SCB may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building official and with the SCB a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the SCB all the papers constituting the record upon which the action appealed from was taken.
(D) 
Appeal stays proceeding.
An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the SCB after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the SCB or by a court of record on application or notice to the building official and on due cause shown.
(E) 
Hearing.
The SCB shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent.
(F) 
SCB powers.
(1) 
The SCB shall have the following powers:
a. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building official in the enforcement of this section.
b. 
To hear and decide special exceptions to the terms of this section upon which the SCB is required to pass.
c. 
To authorize, upon appeal in specific cases, such exception from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(2) 
In exercising the above-mentioned powers, the SCB may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building official from whose action the appeal is taken.
(G) 
Limitations on the authority of the SCB.
(1) 
The SCB may not grant an exception authorizing a sign where it is not otherwise allowed by this charter.
(2) 
The SCB shall have no power to grant an amendment to the sign ordinance. In the event that a request for an amendment is pending before the city council, the board shall neither hear nor grant any exceptions with respect to the subject property until final disposition of the sign ordinance amendment.
(3) 
The SCB shall not grant a request for any exception to any parcel of property or portion thereof upon which a zoning application, site plan, preliminary plan, or final plat, where required, has not been finally acted upon.
(H) 
Exceptions.
(1) 
The SCB may grant an exception from a requirement of the sign ordinance, if it makes written findings that:
a. 
The requirement does not allow for a reasonable use of the property;
b. 
The hardship for which the exception is requested is owing to a special condition inherent in the property itself, such as restricted area, shape, topography or physical features;
c. 
The special condition is unique to this property and is not generally characteristic of other parcels of land in the area; and
d. 
The development under the exception does not:
1. 
Alter the character of the area adjacent to the property;
2. 
Impair the use of adjacent property that is developed in compliance with the city requirements; or
3. 
Impair the purposes of the regulations of the sign ordinance.
(2) 
An exception may not be granted to relieve a self-created or personal hardship, nor for financial reasons only.
(3) 
The applicant bears the burden of proof in establishing the facts justifying an exception.
(I) 
Vote required.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building officials, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this chapter.
(J) 
Time limitation on order permitting erection of sign.
No order of the SCB permitting the erection or alteration of a sign shall be valid for a period longer than 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.
(K) 
Appeals from action of the SCB.
Any person or persons, jointly or severally, aggrieved by any decision of the SCB, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to the city secretary, on behalf of the city council, a petition, duly verified, appealing the decision of the SCB. Such petition shall be presented to the city secretary within ten days after the meeting date of the decision by the SCB.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Any individual, association, corporation or legal entity violating any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by the assessment of a fine not exceeding $2,000.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(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 section.
(C) 
Whenever any construction, installation, alteration, or repair of a sign is being done contrary to the provisions of this section, another controlling ordinance or statute governing the sign, the building official 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 building official 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 building official. The building official or code enforcement authority 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 and/or the city manager shall enforce this section by appropriate administrative action including but not limited to, the rejection of plans, maps, plats and specifications not found to be in compliance with this section 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 ordinance, 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 regarding the property and established pursuant to this chapter.
(Ordinance 653, § 3(Attach.), adopted 4/19/2011)
(A) 
Creation of the board of adjustment.
The city council shall provide for the appointment of a board of adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. The board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Plum Creek PUD zoning ordinance consistent with state law and in harmony with its general purpose and intent and in accordance with general and specific rules herein contained.
(B) 
Powers and duties.
The board of adjustment shall have the following powers:
(1) 
To hear and decide appeals from certain decisions of the building official where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the building official in the enforcement of this ordinance;
(2) 
To interpret the intent of the Plum Creek PUD official zoning map where uncertainty exists because of the physical features on the ground varying from those on the official zoning map and none of the rules set forth in this ordinance apply.
(3) 
To authorize, upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking or off-street loading regulations from the terms of this ordinance, if not contrary to the public interest, where owing to unique and special conditions of the land not normally found in a PUD district a strict enforcement of the provisions of the ordinance by the building official would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.
(C) 
Organization of the board.
The board of adjustment shall be established and appointed as provided in Chapt. 211, Loc. Gov't. Code [V.T.C.A., Local Government Code § 211.001 et seq.] and the ordinances of the city.
(D) 
Appeals.
(1) 
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, commission or committee of the city affected by any decision of the building official made pursuant to this ordinance. Such appeal shall be made within 30 days by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(2) 
An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of adjustment after the notice of appeal shall have been filed with him that by the reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(3) 
The board of adjustment shall hear the appeal within 30 days or such extension as requested by the applicant, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(E) 
Revision of appealed decisions.
In exercising the above mentioned powers such board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the power of the building official from whom the appeal is taken.
(F) 
Votes necessary.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official, to decide in favor of the applicant on any variation in this ordinance.
(G) 
Appeals from the board of adjustment.
Any person or persons or any taxpayer or any officer, department, board, commission or committee of the city, jointly or severally, aggrieved by any decision of the board of adjustment, may present to a court of record a petition, verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board.
(A) 
Creation of the planning and zoning commission.
The city council shall provide for the appointment of a planning and zoning commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas.
(B) 
Responsibilities.
It shall be the responsibility of the planning and zoning commission to hear all applications for zoning changes and changes in the Plum Creek PUD zoning ordinance, as prescribed by law and this ordinance, and to recommend action to the city council. The commission has no authority to approve variances from the requirements of this ordinance.
(C) 
Organization of the commission.
The organization, membership and qualifications of the planning and zoning commission shall be as otherwise provided in the ordinances of the city.
(D) 
Rules and regulations.
The commission shall develop and adopt rules in accordance with the provisions of state law and the ordinances of the city. Meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. Except as authorized by Chapt. 551, Tex. Gov't. Code [V.T.C.A., Government Code § 551.001 et seq.], on the advice of the city attorney, all meetings of the commission will be open to the public. The commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and except as authorized pursuant to Chapter. 552, Tex. Loc. Gov't. Code [V.T.C.A., Government Code § 552.001 et seq.], shall be available as a public record.
(E) 
Plum Creek PUD public hearing.
The planning and zoning commission shall conduct a joint public hearing with the city council to consider the original zoning application for approval of the Plum Creek PUD. Notice of the public hearing shall be given in the manner in which the notice is required to be given under state law. The decision of the planning commission on such original zoning application for the Plum Creek PUD shall be made to the city council as a recommendation to grant, with or without conditions, or to deny.
(F) 
Report and recommendation from the planning and zoning commission.
(1) 
No amendment to this ordinance or to the Plum Creek PUD master plan or to the zoning designation of any area within the Plum Creek PUD shall be enacted by the city council without first receiving a report and recommendation from the planning and zoning commission.
(2) 
The planning and zoning commission shall hold a public hearing on all proposed zoning classification changes to the Plum Creek PUD or the Plum Creek PUD master plan and proposed general amendments to this ordinance.
(3) 
Written notice to property owners. When the public hearing is to consider a proposed zoning classification change to the Plum Creek PUD or master plan, written notice of such hearing shall be given to the owners of all real property located within 200 feet of the property on which the change in classification is proposed. Notice shall be given before the tenth day before the date set for the hearing before the commission either by personal service or by depositing a copy of the notice in the mail addressed to each owner at the address shown on the last approved city tax roll.
(4) 
The planning and zoning commission may recommend enactment of a proposed general amendment to this ordinance or a change of zoning classification to the Plum Creek PUD or master plan if it finds that such amendment or change is in the public interest and conforms to the comprehensive plan of the City of Kyle.
(5) 
A change of zoning classification proposed by the owner of the parcel affected may be recommended for enactment, even though such proposed change does not conform to the Plum Creek PUD master plan, provided that the planning and zoning commission finds that significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the land use map was adopted which make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the said plan and, provided further, that the planning and zoning commission finds that the requested zoning classification is in the most appropriate classification for the area affected.
(A) 
Hearing. The city council shall hold a public hearing on all proposed Plum Creek PUD or master plan zoning classification changes and general amendments to this ordinance before acting thereon.
(B) 
Notice.
(1) 
The city council shall not act upon an amendment of this ordinance or the zoning of any land included within the Plum Creek planned unit development prior to receiving the recommendation of the planning and zoning commission made after notice and public hearings as provided in section 9 [of this article].
(2) 
Before the city council shall consider a proposed zoning classification change to the Plum Creek PUD or master plan or a proposed general amendment to this ordinance, notice shall be published in an official newspaper or in a newspaper of general circulation in [the City of] Kyle before the 15th day before the date of the hearing. The notice shall state the time and place of the hearing and contain a description of the matter to be considered.
(C) 
The city council may enact a proposed general amendment or change of zoning classification by ordinance if it finds that such amendment or change is in the public interest and conforms to the comprehensive plan of the City of Kyle.
(D) 
A change of zoning classification proposed by the owner of a parcel affected may be enacted, even though such proposed change does not conform to the Plum Creek PUD master plan, provided the city council finds that significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the Plum Creek PUD master plan was adopted, which changed conditions make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the said plan, and provided further, that the city council finds that the requested zoning classification is the most appropriate classification for the area affected.
(E) 
If a written protest is submitted against a proposed change of zoning classification signed by all the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots of land immediately adjoining the same and/or extending 200 feet therefrom, such proposed change of zoning classification shall not become effective except by the favorable vote of three-fourths of all the members of the city council, including the mayor. If the planning and zoning commission submits a negative report not recommending a general amendment to the zoning ordinance or a proposed change of a Plum Creek PUD zoning classification, such amendment or proposed change shall not be effective except by the favorable vote of three-fourths of the members of the city council, including the mayor.
(F) 
The city council may approve a site plan at such time as the zoning or zoning change is granted. All representations, whether oral or written, made by the applicant or his or her agent(s) on behalf of the zoning or zoning change becomes a condition(s) upon which the zoning change is granted. It shall be unlawful for the applicant to vary from any such representations unless the applicant first obtains the approval of the city council, except building lines may be moved ten feet with the written approval of the city administrator. The site plan shall be null and void unless the new owner certifies in writing that he will comply with the approved site plan and permit requirements; and such site improvements as constructed complies with such approved site plan.
(G) 
The city may initiate re-zoning procedures if the project is abandoned, vacated, sold or otherwise disposed of except:
(1) 
As provided elsewhere in city ordinances; or
(2) 
Unless the new owner agrees to develop the project in accordance with the original approved site plan.
The applicant for any permit set forth in this ordinance shall pay the fees indicated for such permit as set forth in the fee schedule ordinance (Ordinance No. 293) promulgated by the city council, as amended.
(A) 
Statement of intent.
For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the city, this ordinance may be amended from time to time to correct errors in the ordinance, or because of changed or changing conditions in a particular area or in the city generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with the city's comprehensive plan.
(B) 
Amendment limitation.
Subject to the limitations of the foregoing statement of intent, or amendment to this ordinance may be initiated by:
(1) 
The city council on its own motion;
(2) 
The planning and zoning commission; or
(3) 
Written request made by the owner(s) of land within the Plum Creek PUD.
(C) 
Responsibility for change.
The city council has sole responsibility for changes in the Plum Creek PUD official zoning map and changes in the Plum Creek PUD zoning ordinance.
(D) 
Referral of amendment petition to commission.
The council, upon receipt of an application to amend the ordinance, which has been examined and approved as to form by the city secretary, shall refer the request to the same planning and zoning commission for study, hearing, and report. The council may not enact the proposed amendment until the commission makes its report to the city council.
(E) 
Action by the commission.
The commission shall cause a study to be made, give public notice, hold a public hearing and recommend to the city council such action as the commission deems proper.
(F) 
Action by the council.
The city council shall give public notice and hold a public hearing before taking final action on a request to amend this ordinance, or on any proposed amendment initiated by the commission or the city council.
(G) 
Public hearing and notice.
Notice shall be given and hearings held in the same manner as provided in article III, section 9 of this ordinance for planning commission hearings and article III, section 10 of this ordinance for city council hearings for zoning changes.
(H) 
Protest to proposed amendments.
A written protest duly signed by the owners of 20 percent or more of the area of lots or of the lots or land immediately adjoining the same and extending 200 feet therefrom shall not become effective except by the favorable vote of three-fourths of all members of the council.
(I) 
Comprehensive review of ordinance.
The commission shall from time to time, at intervals of not more than three years, examine the provisions of this ordinance and the location of the Plum Creek PUD zoning district boundary lines and shall submit a report to the city council recommending changes and amendments if any, which are deemed desirable in the interest of the public health, safety and general welfare.
The requirements established by the provisions of this ordinance shall be the minimum standards and requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare, it being intended to lessen congestion of streets, to secure safety from fire, panic and other dangers; to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water and sewage, schools, parks, and other public requirements. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this ordinance.
Ordinances and all orders, ordinances or parts of ordinances in conflict with this ordinance or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect.
Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act. Chap. 551, Loc. Gov't Code [V.T.C.A., Government Code § 551.001 et seq.].