(a) 
Sign permit required.
No sign, unless otherwise excepted under this Chapter 17, Sign Regulations, shall be erected, placed, located, secured, constructed, altered, attached, painted or displayed to/on the ground, any building, and/or any structure, until a permit for such sign has been approved and issued by the City Manager. In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way.
(b) 
Application.
An application for a sign permit may be obtained from the City's offices. The City Manager shall approve or deny an application for a sign permit within 30 days of the City's receipt of a completed application. An application shall be complete upon the City's receipt of all submittal documents and information outlined in the sign permit application and this chapter. An application shall provide all information required by this chapter for the type of sign for which a permit is requested, shall be subject to the criteria based upon the type of sign requested, and shall be subject to the general criteria as set forth below:
(1) 
A diagram shall be provided showing the location of the sign on the property, all applicable required measurements and dimensions of the proposed sign, as well as any applicable proposed electrical connections.
(2) 
Engineer sealed plans may be required for a proposed sign as determined necessary in the discretion of the City Manager, upon review of a permit application.
(3) 
Incorrect, inaccurate, false, or misleading information provided in an application shall be grounds for denial of the proposed permit.
(4) 
An application shall be eligible for permit issuance if a proposed sign conforms to all City ordinances and the requirements of applicable adopted building codes that may be applicable.
(5) 
After a sign permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the approved sign permit without prior approval by the City Manager.
(c) 
Permit fee.
Every application for a sign permit shall be submitted with a nonrefundable fee as provided in the City's fee schedule. An application will not be accepted without the permit fee paid in full.
(1) 
Fees for sign permit applications shall be assessed in accordance with the City's currently adopted fee schedule.
(2) 
Work without a permit. A fee of two times the amount of the permit fee shall be assessed for any work done without or prior to the issuance of a permit.
(d) 
Inspection.
The City Manager is authorized to perform or direct the performance of an inspection of any and all signs to determine that the sign has been constructed in accordance with and complies with the requirements of this chapter, all applicable ordinances, and the approved permit. The City Manager shall determine the method and time of such inspections.
(e) 
Permit expiration/extension/removal.
If the work authorized by a sign permit issued under the provisions of this chapter has not been completed within 90 days after the date of issuance of a sign permit, the permit shall expire unless extended as provided herein. Additional time for completion of construction may be approved by the City Manager upon receipt of a written request by a permit holder documenting good cause for the delay if such request is received prior to expiration of the 90-day period for construction. If a sign has not received final inspection approval by the City within the 90-day period, or an extension is not approved, the permit holder shall remove all components of the partially constructed sign from premises upon which the sign is located within 10 business days of permit expiration.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
The City Manager shall be responsible for interpreting and administering these Sign Regulations. The City Manager may suspend or revoke any permit for a sign issued in error, or for which incorrect, misleading, or false information was supplied as part of the permit application, or if a permit is issued in violation of any provision of this chapter, any other ordinance of the City, or the laws of the state or the federal government. Such revocation shall be effective when communicated as provided in subsection (b). Any sign that is the subject of a revoked permit shall be immediately removed by the person in control of the sign or premises upon which the sign is located, or within a reasonable time as determined by the City Manager. The time for removal shall not exceed 10 business days of the date of the written notice of revocation.
(b) 
Notice of revocation shall be deemed to have been given by letter sent certified, first-class mail, return receipt requested and addressed to the person to whom the permit is issued, the owner of the sign, or the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district.
(1) 
The City Manager may revoke a contractor registration issued in error or for those reasons stated herein.
(c) 
Temporary exemptions.
The City Manager shall have the authority to approve temporary exceptions to the sign ordinance as set forth in this chapter in emergency circumstances and/or in relation to public works projects' directional and safety signage.
(d) 
Public safety protection.
Nothing in this chapter is meant to prevent any public safety agency from setting up and utilizing any type of sign needed on a temporary basis to protect and enhance public safety solely at the discretion such agency or the City.
(Ordinance 955-26 adopted 4/9/2026)
The following signs are expressly prohibited:
(1) 
Abandoned signs;
(2) 
Merchandise displays, except as authorized by the City's Zoning Ordinance;
(3) 
Billboard signs;
(4) 
Graffiti;
(5) 
Neglected signs;
(6) 
Balloon and air devices;
(7) 
Bandit signs;
(8) 
Human signs;
(9) 
Portable signs, unless specifically permitted within this chapter;
(10) 
Revolving signs;
(11) 
Mechanical signs;
(12) 
Pole signs;
(13) 
Roof signs;
(14) 
Vacant building signs;
(15) 
Wind devices/feather flags, unless used in conjunction with a City-authorized special event, excluding flags and banners as authorized by this chapter;
(16) 
Obscene signs;
(17) 
LED, string or similar lighting outlining windows, doors, or other similar building features;
(18) 
Searchlights, beacons, or laser lights, unless used in conjunction with a City-authorized special as defined in § 17.01.002, Definitions, of this Code, as amended; and
(19) 
Other prohibited signs:
(A) 
Any sign not referenced in or governed by these Sign Regulations or expressly allowed by City ordinance, state or federal law;
(B) 
Any sign erected or installed without the issuance of a permit, either prior to or after the adoption of this chapter (if a permit was required);
(C) 
Any sign that emits odor or visible matter;
(D) 
Any billboard sign located, relocated, or upgraded within the corporate limits or extraterritorial jurisdiction of the City;
(E) 
Any sign erected or installed in or over a public right-of-way or access easement, unless permitted within this chapter;
(F) 
Any sign located on private property without the consent of the owner of the premises;
(G) 
Any sign that does not comply with this or other applicable municipal ordinances, or those which do not comply with federal or state laws;
(H) 
Any sign supported by a bench, tree, rock, bridge, or public utility pole;
(I) 
Any sign supported by a fence, except as otherwise permitted in this chapter;
(J) 
Any floating device(s) anchored to the ground of any vehicle, structure or any other fixed object for the purpose of advertising or attracting attention to a business, commodity, service, sale, or product, except as otherwise permitted in this chapter;
(K) 
Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by the City, county, state, or other authorized governmental agency, or with the permission of the City, for public purposes, unless permitted within this chapter; and
(L) 
Off-premises signs, unless specifically permitted within this chapter.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
Signs legally in existence at the time of the adoption of this Chapter 17, Sign Regulations, which do not conform to the requirements of this chapter and/or signs meeting the definition of a nonconforming sign provided in this chapter, shall be considered nonconforming signs, and may remain in place as provided herein. A sign that is not classified as a nonconforming sign as defined herein shall be classified as an illegal sign.
(b) 
All permanent signs and sign structures, with the exception of existing pole signs, which are addressed in subsections (b)(vii) and (viii), and billboards (currently deemed illegal and nonconforming) and addressed in subsection (b)(9), shall be brought into conformance with the Sign Regulations when and if the following occurs:
(1) 
The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.
(2) 
If more than 50 percent of the sign area is damaged, it shall be repaired to conform to this chapter.
(3) 
An alteration in the structure of sign support.
(4) 
A change in the mechanical facilities or type of illumination.
(5) 
A change in the material of the sign face.
(6) 
If the property where the nonconforming sign is sold with full ownership being transferred, the nonconforming sign shall be brought into conformance with this Code at the time of transfer unless the buyer continues to operate the business under the same name that was on the nonconforming sign at the time of transfer.
(7) 
Notwithstanding § 17.02.003(12), pole signs existing as of the date of June 26, 2025, which are less than two years old may be maintained for a maximum of seven years, if they otherwise conform to this Chapter 17 of the Aubrey Code of Ordinances.
(8) 
Notwithstanding § 17.02.003(12), pole signs existing as of June 26, 2025, which are more than two years old may be maintained for a maximum of five years, if they otherwise conform to this Chapter 17 of the Aubrey Code of Ordinances.
(9) 
Notwithstanding § 17.02.003(3), billboard signs existing as of June 26, 2025, may be maintained for a maximum of five years, if they otherwise conform to this Chapter 17 of the Aubrey Code of Ordinances.
(c) 
Change to a conforming sign.
A nonconforming sign may be altered to become or be replaced with a sign that conforms to the requirements of this chapter. Once a sign is altered to conform or is replaced with a sign that conforms with the requirements of this chapter, the nonconforming rights for the original sign shall lapse and a nonconforming sign may not be re-established. Unless a sign is prohibited or is an illegal sign as defined herein, proposed changes or modifications to a nonconforming sign that are not allowed as provided in this chapter shall only be allowed with an approved variance utilizing the variance process provided herein.
(d) 
If there is no sign in place on a sign structure or building wall for six continuous months, the nonconforming rights are lost, and a nonconforming sign may not be re-established. If the sign structure is unused for less than six continuous months, a nonconforming sign may be re-established.
(e) 
A nonconforming sign in the City or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed, or removed as provided by law, including, but not limited to, V.T.C.A., Local Government Code Chapter 216 as it exists or may be amended.
(f) 
A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair. In order to preserve the nonconforming sign status, the person removing the sign must inform the City Manager, in writing, before the sign is removed. If the responsible party fails to inform the City Manager, any re-erected sign shall lose its nonconforming status and will be considered a new sign subject to compliance with all requirements of this chapter.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
All signs, including nonconforming signs, shall be continuously maintained in a neat condition and appearance. Sign panels and/or sign graphics shall be secured and maintained so that they do not separate from, hang from, or fall from a sign. Sign panels and sign graphics shall not be faded, ripped, or have any other damage. Illuminated signs with all or part of the sign being unilluminated shall be repaired within seven business days of the date of notice.
(b) 
Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited.
(c) 
Upon written notification to the permit holder by the City Manager, such abandoned signs shall be removed from the premises, and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which the sign is located within seven business days of the date of notice.
(d) 
The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within seven business days of the date of notice. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the City may utilize any civil remedy available to remove or repair the sign, up to and including impoundment and placement of a lien on the property to recover costs of repair or removal.
(e) 
If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the City may remove it immediately without providing prior written notice. However, within 10 days of the date of removal of the sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign and may utilize a civil process or place a lien on the property to recover costs. Such notice shall be sufficient if provided in writing to the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district or the person to whom a sign permit has been issued for the sign. It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
Removal/impoundment of prohibited signs.
All prohibited signs, dilapidated signs, or noncompliant signs shall be considered a public nuisance and are prohibited by this chapter within the City limits and its extraterritorial jurisdiction. Upon identification of any prohibited sign, the City Manager shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the installer of the sign.
(1) 
The notification shall state that the offending sign shall be removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so.
(2) 
The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed 10 calendar days) a citation may be issued, and the City may resort to any civil remedy available, up to and including impoundment.
(3) 
If any sign is determined to present an immediate danger to public health, safety, or welfare, the City shall remove it immediately.
(4) 
Within 10 calendar days of the removal of the sign, the City Manager shall notify the owner of the property on which the sign was located of the reason(s) for the removal of the sign.
(5) 
Signs authorized by a sign permit number with an expiration date shall be removed promptly upon the date of expiration.
(6) 
Signs remaining after the date of expiration shall be deemed prohibited. The sign permit that provides the expiration date shall be considered adequate notice of violation.
(7) 
Bandit signs may be removed immediately by the City.
(b) 
Failure to comply.
It shall be unlawful for any person receiving such written notification or having an expired sign permit to fail to comply with the direction of the notification. In the event any person fails to comply with such notice provided, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located.
(c) 
Impounded signs and recovery.
(1) 
Impounded signs may be recovered by the owner within seven calendar days from the date of the written notification of impoundment by paying a fee determined by the City's current fee schedule as approved by the City Council.
(2) 
Impounded signs not recovered within seven calendar days from the date written notification of impoundment is sent shall be deemed abandoned and may be disposed of by the City in any manner the City Manager determines appropriate.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
A Unified Sign Plan is required prior to the issuance of a sign permit for all signage on properties that are greater than four acres in size and/or have more than six independent businesses located on the overall property. The purpose of the Unified Sign Plan is (i) to provide overall sign locations on a property by identifying the relationship of each sign to surrounding and existing signs and properties; and (ii) to provide uniformity in size, design, colors, and proportions of signs within the development. In addition, the Unified Sign Plan shall be designed to promote a cohesive relationship between current developments and proposed future improvements and to provide for consistency and uniformity among buildings and signs for a commercial development made up of multiple independent businesses and for adjacent residential developments. The Unified Sign Plan purpose is to provide signage so that it identifies commercial establishments in a readable and distinct manner to allow uses to be easily differentiated, and to maintain an uncluttered appearance that provides a pleasing visual environment.
(b) 
A Unified Sign Plan shall contain the following information:
(1) 
Elevations of the locations of signs illustrating the materials of construction, colors, lighting, fonts of letters and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building;
(2) 
Elevations depicting the size of the signs in relation to the size of the buildings within the development;
(3) 
A plan drawn to preliminary site plan, or site plan specifications, as detailed in the Zoning Ordinance, as it currently exists or may be amended, of the site illustrating the location of existing and proposed signs on the property and, if required by City staff, on adjacent properties;
(4) 
Other information to illustrate the consistency and uniformity of the signs; and
(5) 
For Unified Sign Plans, the sign plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included/identified on the unified development signs erected within the unified development zone. Prior to City consideration of a unified development zone, all property owners located within a proposed unified development zone must submit notarized letters to the City authorizing the creation of the unified development zone. A lot shall only be included in one unified development zone.
(c) 
A Unified Sign Plan is required for all commercial use developments in all zoning districts that include six or more independent businesses within the overall development zone or that are located upon land that is greater than four acres in size, whichever is the most restrictive.
(d) 
A proposed Unified Sign Plan and all individual signs requested within such plan, or as otherwise required in this chapter, shall be submitted to the development services department for review and approval. The Unified Sign Plan, including individual signs therein, will be reviewed for compliance with this Chapter 17 and in accordance with the City's development review schedule. The Building Official may approve or deny a Unified Sign Plan or approve such plan or individual signs therein with conditions. Should the building official deny a proposed Unified Sign Plan or sign therein, the applicant shall be notified in writing within 10 days of such decision and shall have a right to appeal the decision of the Building Official to the sign board within 10 days of the date of the decision of the Building Official, and thereafter may appeal the decision of the Sign Board to the City Council. Appeals under this chapter to the Sign Board and City Council shall be in accordance with the procedure and criteria set forth in § 17.02.008(b) hereof.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
Sign Board.
All waivers and appeals to this chapter shall be presented to the Sign Board. This appointed body shall be made up of the same members as the Board of Adjustment.
(b) 
Process.
Any person requesting a waiver from the rules and regulations detailed herein shall apply in writing to the Sign Board. The application shall contain the information and plans requested in the waiver specifically identifying the requested variation or relief from the provisions of this chapter, along with the established application fee required in the City's fee schedule. The application shall include reasons for the requested waiver, including any situation or issue that the applicant believes will necessitate the requested variation or relief from the requirements of this chapter, and the existing regulations to be altered. No public hearing and/or notification of property owners is required for a sign waiver. The burden of demonstrating that the requested waiver meets the requirements of this chapter shall be on the applicant.
(c) 
Approval standards.
When considering a request for a waiver from the requirements of this Chapter 17, the Sign Board shall consider the following criteria when granting a waiver:
(1) 
Special conditions exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same vicinity. The Sign Board may attach such conditions to granting all or a portion of any waiver necessary to achieve the purpose of this chapter; and
(2) 
The strict interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the vicinity under the terms of this chapter; and
(3) 
The special conditions and circumstances necessitating the request for waiver do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences; and
(4) 
Granting the waiver will meet the objectives of the section and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare; and
(5) 
Granting of the waiver will be in harmony with the spirit and purpose of this chapter, the Zoning Ordinance and the Comprehensive Plan of the City.
(d) 
Approval by the Sign Board.
In its sole discretion, the Sign Board shall have the authority to waive or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.
(e) 
Appeal.
If the Sign Board denies the application for a waiver, the applicant may appeal to the City Council, which will have the final authority. In its sole discretion, the City Council shall have the authority to grant a waiver or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.
(f) 
Limitation on reapplications.
When the City Council has denied an application for waiver under this chapter, no new applications for the same request or for a request of a similar nature shall be accepted or scheduled for consideration by the City Council for a period of 12 months after the date of such City Council denial. Applications that have been withdrawn at or before the meeting date at which an application is posted for consideration by the Sign Board, and appeals of Sign Board decisions that have been withdrawn at or before the meeting date at which an appeal is posted for consideration by the City Council may be resubmitted at any time for consideration before the Sign Board and/or City Council.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
Penalty for violation.
Any person, as defined herein, who violates any one or more of the provisions of this chapter or causes or permits the violation of any one or more provisions of this chapter shall be guilty of a Class C misdemeanor upon conviction, and shall be subject to a fine not to exceed the maximum fine of $500.00 or $2,000.00 as applicable and allowed by state law. A separate offense shall be deemed committed upon each day or part of a day during or on which a violation occurs or continues.
(b) 
Presumption of ownership.
There shall be a rebuttable presumption that a person is responsible for a violation of this chapter if the person is:
(1) 
The permit holder for the sign; or
(2) 
The owner, operator, agent, employee, or manager of an entity or business that is identified on or endorsed or promoted by the sign, or if the sign identifies a phone number or email, physical or other social media address for such person or a person who is listed or otherwise identified on the sign as responsible for the sign or the purpose being advertised.
(c) 
Presumption rebuttable.
The presumption established by subsection (b) may be rebutted if the person provides the full name, date of birth, physical and mailing address, and telephone number or numbers for the person who is determined to be responsible for the violation.
(Ordinance 955-26 adopted 4/9/2026)
(a) 
Area.
The area of a sign shall be measured as follows:
(1) 
For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.) of the effective sign area.
(2) 
For signs with an irregular shape, the area shall be measured by enclosing the sign elements with intersecting lines and using the standard mathematical formula (height multiplied by width). This method of measurement shall be used for wall sign with individually mounted letters.
(3) 
The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign.
(4) 
Where a sign has two faces, the area of the largest sign face shall be used to determine the area of the sign provided the two faces are within 30 degrees from parallel. Where a sign has two or more faces that are greater than 30 degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two signs (a V-shaped sign).
(5) 
Letters forming a word or name shall be considered a single sign, regardless of the spacing between letters.
(b) 
Height.
The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. 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. The supports of a freestanding sign shall not be included in calculating the area of the sign but shall be included in the measurement of the height of the sign.
(Ordinance 955-26 adopted 4/9/2026)
The following signs are allowed, subject to compliance with the conditions and the specifications provided in this chapter. Signs that do not comply with the following conditions and specifications or are not specifically authorized within this chapter are considered to be an illegal sign and shall be prohibited. It shall be unlawful for a person to erect, allow, maintain, or cause to be erected an illegal sign.
(Ordinance 955-26 adopted 4/9/2026)