Signs
use private land near public rights-of-way to inform and persuade the general
public by publishing a message. This article provides standards for the erection
and maintenance of private signs. All private signs not exempt as provided
herein shall be erected and maintained in accordance with those standards.
These standards are intended to be the minimum necessary and least burdensome
to accomplish the purposes stated in this section. The general objectives of
these standards are to promote health, safety, welfare, convenience and
enjoyment of the public and, in part, to achieve the following:
(1) Safety. To promote the safety of persons and property by
providing that signs:
(A) Do not create a
hazard due to collapse, fire, collision, decay or abandonment;
(B) Do not obstruct
fire fighting or police surveillance; and
(C) Do not create
traffic hazards by confusing or distracting motorists or by impairing the
driver’s ability to see pedestrians, obstacles, or other vehicles, or to read
traffic signs.
(2) Communications Efficiency. To promote the efficient
transfer of information in sign messages by providing that:
(A) Businesses and
services may identify themselves;
(B) Customers and other
persons may locate a business or service;
(C) No person or group
is arbitrarily denied the use of the sight lines from the public rights-of-way;
and
(D) 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.
(3) Landscape Quality and Preservation. To protect the
public welfare and to enhance the appearance and economic value of the cityscape,
by providing that signs:
(A) Do not interfere
with scenic views;
(B) Do not create a
nuisance to persons using the public rights-of-way;
(C) Do not create a
nuisance to occupy of adjacent and contiguous property by their illumination,
size, height or movement; and
(D) Are not detrimental
to land or property values.
The
requirements of this article shall be administered and enforced by the building
official of the city or his/her designated representative.
(a) Appendix H,
International Building Code, 2003 edition, is adopted, with the exception of
the following:
(1) Sections H.101.2.1
and 3, which provide that a permit is not required for a painted, nonilluminated sign or a projecting sign not exceeding 2.5
square feet; and
(2) The height and size
limitations of this article shall be controlling; and
(3) Section H110.3,
which is amended to read as follows:
A roof sign shall
not be erected to a height greater than four feet from the roof surface. The
area of a roof sign shall not exceed the size permitted for attached signs and
shall be applied to the maximum size permitted for attached signs.
(4) Subsections H101.21
and 3, sections H110.4 and H110.5 of appendix H are hereby repealed.
(b) A copy of the
appendix is attached to the ordinance codified in this article and is
incorporated herein by reference. All signs permitted under this article shall
be constructed in accordance with the provisions of this article and the
International Building Code. In the event of a conflict between this article
and the International Building Code, the provisions set forth in this article
shall prevail.
As
used in this article:
Abandoned Sign. A sign which:
(1) For at least 12 continuous
months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity on the premises
on which the sign is located; or
(2) If the premises is
leased, relates to a tenant and at least two years have elapsed since the date
the most recent tenant ceased to operate on the premises.
Awning. A structure made of cloth, metal or other material
possessing characters, letters, illustrations or ornamentations affixed to a
building in such a manner that the structure may be raised or retracted to a
position against the building.
Banner. A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied to
paper, plastic or fabric of any kind, excluding flags, emblems and insignia of
political, professional, religious, educational or corporate organizations.
Billboard. An off-premises sign containing at least one hundred
twenty-eight square feet face area per face and which is owned by a person,
corporation or other entity that engages in the business of selling the
advertising space on the sign.
Building Official. The building official of the city or his
designated representative.
Business Sign. A sign which directs attention to a business, profession,
activity, commodity, service or event conducted, sold or offered upon the
premises where such sign is located, or within the building to which such sign
is affixed.
Canopy. A structure other than an awning made of cloth, metal or
other material possessing characters, letters, illustrations or ornamentations,
with frames affixed to a building and carried by a frame, which is supported by
the ground.
Commercial Message. A message which refers to the offer for sale or existence
for sale of products, property, accommodations, services or attractions or
attracts attention to a business or to products, property, accommodations,
services, or activities that are offered or exist for hire.
Construction Sign. A sign identifying individuals or companies involved in the
design or construction, wrecking, financing or development of premises where
such sign is placed.
Developed Property. A tract of land upon which a structure is
located.
Dilapidated or Deteriorated Sign. A sign:
(1) Where the panel is
visibly cracked, or the paint is cracked and peeling, or in the case of wood or
similar products, splintered, in such a way as to constitute an unsightly or
harmful condition or renders the sign unsafe; or
(2) Where the sign or
its elements are twisted or leaning or at angles other than those at which it
was originally erected (such as may result from being blown or the failure of a
structural support).
Directional Sign. A sign providing no advertisement of any kind, which
provides direction or instruction to guide persons to facilities, intended to
serve the public (restrooms, parking, etc.).
Directory Sign. A sign which indicates the names and/or
addresses of the occupant(s), the address of the premises, and/or
identification of any lawful businesses or the occupations which may exist at
the premises.
Extraterritorial Jurisdiction. That unincorporated area that is contiguous to the
corporate boundaries of the city and that is located within the boundaries
identified in section 42.021 of the Texas Local Government Code.
Flashing Sign. An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and/or color at any time
when such sign is illuminated.
Gross Surface Area. The area enclosed by the smallest imaginary regular shapes
that will encompass the extreme limits of the writing representation, emblem or
other display, together with any material or color forming an integral part of
the display or used to differentiate the sign from the backdrop or structure
against which it is placed. “Gross surface area” includes such features as
decorative or ornamental elements or features, borders, trims, but not
including any supporting structure which is used solely for support of the
sign, such as poles, columns and cable, or decorative fence, screening device
or wall.
Leaseable
Space. The front and, if applicable, side walls
which enclose a building or a portion thereof, and which abut a public street.
Letter Sign. Any individual letter or group of letters attached to a
building shall constitute a sign. The area of such sign shall be the smallest
area encompassing the word in the form of a square, rectangle, triangle, circle
or combination thereof.
Marquee. A permanent structure extending from part of the roof or
wall of a building but not supported by the ground, and constructed of durable
material such as metal, plastic or glass.
Monument Sign. A sign permanently affixed to the ground, not elevated to
any pole or structure and not attached to or dependant upon any building for
support.
Noncommercial Message. Any message that is not a commercial
message.
Nonconforming Sign. A sign lawfully existing or under construction on the
effective date of the ordinance codified in this article which does not conform
to one or more of the provisions of this article.
Nonresidential Zoning District. Any of the following zoning districts identified in the
official zoning map of the city: C Business District, I Industrial District, or
PD Planned Development District. It shall include any other nonresidential
zoning district.
Normal Maintenance Operations. The process of keeping a sign in good
repair. Maintenance operations include: (1) cleaning; (2) painting; (3)
repair of parts with like materials in a manner that does not alter the basic
design or structure of the sign, provided that the cost of all repairs
performed during any consecutive 365 day period is not more than 60 percent of
the cost of erecting a new sign of the same type at the same location; and (4)
replacement of parts with like materials in a manner that does not alter the
basic design or structure of the sign, provided that the cost of all
replacement of parts performed during any consecutive three hundred
sixty-five-day period is not more than 60 percent of the cost of erecting a new
sign of the same type at the same location. Examples of actions that are not
maintenance operations include, without limitation: (1) converting a sign from
a multiple pole structure to a monopole structure; (2) replacing wooden
components with metal components; (3) increasing the area or height of a sign,
except for increases in area permitted under subsection (1) above; (4) adding
illumination to a nonilluminated sign; (5) adding
additional display faces; and (6) converting a sign to utilize animated display
or moveable copy technology.
Obscene. Material or performance defined in section 43 of the Texas
Penal Code, as amended.
Off-Premises Sign. A sign that directs attention to a business, profession,
activity, commodity, service, or other event other than one conducted, sold, or
offered upon the premises where such sign is located, or within the building to
which the sign is affixed.
Pole Sign. A sign supported by one or more structures or supports
placed upon the ground and not attached to or dependent for support from any
building.
Political Sign. A temporary sign which addresses a
political issue.
Portable Sign. A sign not permanently affixed to the ground, a building,
or other structure, which is designed to be moved from place to place.
Premises. A single tract or platted lot. In addition,
multiple adjoining tracts or platted lots under common ownership will be deemed
to be a single premises if they meet the following requirements: (1) lots or
tracts are not separated by intervening streets, alleys, utility or railroad
rights-of-way or other interruption; (2) the property contains a single primary
use; and (3) the property is not used for one- or two-family dwelling purposes.
Tracts or platted lots that are at cross corners or that are connected by
narrow strips of land too small to serve as emergency access easements shall
not be considered to be “adjoining.”
Real Estate Sign. A sign which is used to offer for
sale, lease or rent, the premises or portions of the premises upon which the
sign is placed.
Residential Zoning District. Any R-1, R-2 or R-3, or MHP zoning district or any other
residential zoning district identified in the official zoning map of the city.
Sign.
Every sign, name, number, identification, description, and announcement,
declaration, demonstration, device, display, flag, banner, pennant,
illustration, logo, balloon, streamer, valance, advertising display, poster,
beacon, light or insignia, and structure supporting any of the same, affixed
directly or indirectly to or upon any building, window, or outdoor structure or
approved sign poles, or erected or maintained upon a piece of land, which
directs attention to any object, project, service, place, activity, person,
institution, organization, or business.
Subdivision Sign. A sign used to identify a particular subdivision.
Temporary Real Estate Directional Sign. A temporary off-premises sign used to direct traffic to a
residential section or subdivision or location in the city.
Temporary Sign. A sign constructed of cloth, canvas, light fabric,
cardboard, wallboard, or other like materials, with or without frames, and any
type sign not permanently attached to the ground, wall, or building, intended
to be displayed for a short period of time only. It does not include a sign
constructed of metal or wood.
Undeveloped Property. A tract of land upon which no structure
is located.
Visibility Triangle. An imaginary triangle which has two sides which start at
the center point of the intersection of two streets, along the curbline and measuring ten feet in length down each
respective street along the nearest edge of the driving surface. The line
connecting the end points of these two lines forms the third side of the
triangle. See diagram attached to Ordinance 05-07 as exhibit A to, on file in
the office of the city secretary.
Wall Sign. A sign attached directly to an exterior wall of a building
or dependant upon a building for support with the exposed face of the sign
located in a place substantially parallel to such exterior building wall to
which the sign is attached or supported by. It includes letters, words, and
characters painted or attached directly to the roof. Awning, canopy, marquee
and letter signs shall be considered wall signs for purposes of calculating the
minimum effective area.
Warning Sign. A sign containing no advertising material
and warning the public of the existence of danger.
Window Sign. A sign, which is attached to the window and includes window
displays if within two feet of the window, but does not include signs attached
to windows, which have been altered to prevent all light penetration.
(a) Permit Required. A person commits an offense if the
person erects, constructs or relocates within the city
a sign upon any property within the city without first obtaining a permit from
the city, except as otherwise provided in this article.
(b) Permit Application. A person shall file an application
with the building official on forms provided by the city. An application for a
sign permit shall include a drawing, to scale, of the proposed sign and all
existing signs maintained on the premises and visible from the right-of-way, a
drawing of the lot plan or building facade indicating the proposed location of
the sign(s), and sign specifications.
(c) Fee Required. Fees for a permit to erect, construct, or
relocate a sign shall be established by the city fee schedule.
(d) Permit Issuance or Denial. The building official shall,
within ten working days of the date of receipt of the application, either
approve or deny the application or refer the application back to the applicant
in any instance where insufficient information has been furnished. The building
official shall deny an application if it does not comply with the requirements
of this article. A denial and the reasons for the denial shall be noted on the
application, and the applicant shall be notified of the denial by notice mailed
to the applicant at the address shown on the application or the last known
address.
(e) Maintenance and Repairs. All signs shall be maintained
in good structural condition, in compliance with all building and electrical
codes, and in conformance with this article at all times. No permit shall be
required to perform normal maintenance operations or changing of parts or copy
of a sign, provided that the maintenance or change of parts does not alter the
gross surface area, height or otherwise render the sign nonconforming with the
requirements of this article.
(f) Visibility. To assure visibility at all street
intersections, no sign shall be lower than ten feet from the ground surface.
This applies only to the actual sign itself and does not include the pole to which
the sign is mounted. With respect to signs affixed directly to the ground and
not elevated by a pole or other method, the sign shall not extend into the
visibility triangle as defined in section 3.604 of this article. A sign placed
in the visibility triangle will be allowed as long as it allows an unobstructed
view from zero to ten feet in height from the nearest level of ground.
(g) Measurement of Sign Area.
(1) Sign copy mounted
or painted on a background panel or area distinctively painted, textured or
constructed as a background for the sign copy, shall be measured as the area
contained within the outside dimensions of the background panel or surface.
(2) Sign copy mounted
as individual letters and/or graphics against a wall, fence, screening device,
awning or fascia of a building or other structure that has not been painted,
textured or otherwise altered to provide a distinctive background of the sign
copy, shall be measured as the area enclosed by each individual word or
graphic.
(3) For three dimensional
signs such as spherical, free form, sculptural, or other nonplanar
signs, the area enclosed by the smallest imaginary regular shape or combination
of shapes which would fully contain all portions of the sign when rotated
horizontally around the sign shall be measured to determine size.
(a) A person commits an
offense if the person:
(1) Illuminates a sign
to an intensity to cause glare or brightness to a
degree that could constitute a hazard or nuisance. Moving, flashing intermittently
lighted, changing color, strobe lights, rotating beacons, revolving or
similarly constructed signs are prohibited;
(2) Displays on a sign
gestures or words which are obscene as defined in this article;
(3) Paints a sign,
other than a nameplate and address showing street number, to a fence, railing
or wall which is not a structural part of the building in or facing a
residential zoning district, whether or not on the property line;
(4) Displays or erects
a billboard; or
(5) Attaches a sign, paper
or material, or paint, stencil or write any name or number (except house or
street address numbers) or otherwise marks on any public sidewalk, curb, gutter
or street. The city council may grant an exception for special events. City
department of public works or public safety are exempt from this subsection.
(b) A person commits an
offense if the person attaches, erects or maintains any sign:
(1) Upon any public
utility pole, or structure, nor on any tree that is located on public land or
in a public right-of-way; or
(2) Over or in public
rights-of-way. No sign shall be erected in the right-of-way except movement
control, traffic control devices, street signs or directional signs placed by
the city or state.
(c) A person commits
an offense if the person erects or displays a sign in such a manner as to:
(1) Prevent free
ingress to or egress from any door, window or fire escape. No sign of any kind
shall be attached to a standpipe or fire escape;
(2) Obstruct free and
clear vision, or at any location whereby reason of position, shape, color,
degree, manner or intensity of illumination it may interfere with vehicular or
pedestrian traffic;
(3) Interfere with,
obstruct the view of, or be confused with any authorized traffic control
device; or
(4) Encroach upon the
visibility triangle of any street intersection, except as permitted by section
3.605 (f).
(d) A person commits an
offense if the person makes use of words, phrases, symbols or characters, or
employs any lamp or light in such a manner as to interfere with, mislead or
confuse traffic.
Vehicular
signs shall conform to the following regulations:
(1) It is unlawful to
attach any sign advertising anything other than the name of a special event or
company and the service it provides to a trailer, skid, or similar mobile
structure or vehicle, where the primary use of said attachment is to provide a
base for such sign or constitute the sign itself. This provision does not
restrict the identification signs on vehicles used for any bona fide business
activity.
(2) Signs attached to
or upon any vehicle shall be prohibited where any such vehicle is allowed to
remain parked in the same location, or in the same vicinity, at frequent or
extended periods of time, where the intent is apparent to be one of using the
vehicle and signs for purposes of advertising an establishment, service or
product.
(3) It shall be prima
facie evidence that a sign is used to advertise a product or direct people to a
business or activity if the vehicle or trailer is parked in the same location
for a continuous period exceeding seventy-two hours.
(a) A person commits an
offense if the person erects or displays a sign which contains primarily a political
message more than two (2) weeks before the commencement of early voting for an
election or more than ten (10) days after the election and the sign:
(1) Is more than eight
feet in height; or
(2) Has an effective
area of greater than 36 square feet; or
(3) Is illuminated; or
(4) Has any moving
elements; or
(5) Is located within
the visibility triangle.
(b) A person who erects
or maintains a sign which contains primarily a political message on a temporary
basis on a sign generally available for rent or purchase to carry commercial
advertising or other messages that are not primarily political shall comply
with the regulations applicable to that type of sign.
(a) Pole signs are
permitted in both residential and nonresidential zoning classifications subject
to the following regulations:
(1) Pole Signs in Nonresidential Zoning Districts. Pole
signs in nonresidential zoning districts are subject to the following
restrictions:
(A) Each premises or
lot shall have no more than one pole sign per street frontage.
(B) A pole sign shall
not exceed thirty-five feet in height except that pole signs on properties
fronting onto State Highway 380 or State Highway 114 shall not exceed fifty
feet in height.
(C) A pole sign shall
not exceed 100 square feet of gross surface area per side.
(D) A pole sign may be
located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians. If placed on a corner, the
sign shall not be placed in the visibility triangle.
(E) Premises containing
two or more businesses, as permitted by individual certificate of occupancy
permits, may have one pole sign which advertises multiple occupants.
(2) Pole Signs in Residential Zoning Districts. Pole signs
shall be allowed in multifamily zoning districts and are subject to the
following restrictions:
(A) Each premises shall have no more than one pole sign.
(B) A pole sign shall
not exceed thirty-two square feet of gross surface area for each side.
(C) A pole sign shall not
exceed eight feet in height.
(D) A pole sign may be
located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians. If placed on a corner, the
sign shall not be placed in the visibility triangle.
Monument
signs are allowed in both residential and nonresidential zoning
classifications, subject to the following regulations:
(1) Monument Signs in Nonresidential Zoning Districts.
Monument signs in nonresidential zoning districts are subject to the following
restrictions:
(A) Each premises shall have no more than one monument sign per
street frontage.
(B) A monument sign
shall not exceed thirty-five square feet of gross surface area for each side.
(C) A monument sign shall
not exceed eight feet in height, including the base.
(D) Monument signs may
be located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians, or if placed on a corner such
sign shall not be placed in the visibility triangle.
(E) Structures
containing two or more businesses, as permitted by individual certificate of
occupancy permits, may have one monument sign which advertises multiple
occupants.
(2) Monument Signs in Residential Zoning Districts. Monument
signs shall be allowed in residential zoning districts classified as
multifamily and are subject to the following restrictions:
(A) Each premises shall have no more than one monument sign.
(B) A monument sign
shall not exceed thirty-two square feet of gross surface area per side.
(C) A monument sign
shall not exceed six feet in height, including the base.
(D) A monument sign may
be located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians, or if placed on a corner
such sign shall not be placed in the visibility triangle.
Wall
signs are permitted in both residential and nonresidential zoning districts,
subject to the following regulations:
(1) Wall Signs in Nonresidential Zoning Districts. Wall
signs are allowed in all nonresidential zoning districts, subject to the
following regulations:
(A) The front and all
sides of a building or leasable space abutting a
public street shall be measured to determine the amount of wall signage
permitted by using the following formula:
Width x Height x
Fifteen Percent
(For buildings or
leasable space with a wall height of less than twenty
feet, measured from ground level to the bottom of the roof line, the following
method of measurement shall be used: Width multiplied by twenty feet x fifteen
percent).
(B) For multi-occupant
structures, only the area of leasable space shall be
used to determine maximum allowable signage.
(C) All wall signs and
sign copy shall be mounted parallel to the building surface to which they are
attached, and shall project no more than eighteen inches from the building
surface.
(D) Signs attached to
fences shall be calculated as part of the maximum amount of wall signage and
shall be in conformance with the requirements of this article.
(2) Wall Signs in Residential Zoning Districts. Wall signs
shall be allowed in residential zoning districts classified as multifamily,
subject to the following restrictions:
(A) A wall sign is
permitted for building identification only, i.e., address or building numbers.
(B) A maximum of two
signs per building are permitted.
(C) All signs and sign
copy shall be mounted parallel to the building surface to which they are
attached. Signs shall not be mounted on roofs and shall not project above the
roof.
(D) No sign or sign
copy shall exceed twenty-four inches in height.
(a) Awning, canopy,
marquee and letter signs are permitted in nonresidential zoning districts,
provided that awning, canopy, marquee and letter signs are calculated as part
of the maximum permitted wall signage.
(b) Nothing in this
article shall be construed to allow additional wall signage other than that
allowed in this article.
(a) Temporary signs are
permitted in all zoning districts, subject to the following restrictions:
(1) Temporary signs in
residential zoning districts classified as multifamily shall be erected for a period
not to exceed thirty days per calendar year.
(2) Temporary signs in
nonresidential zoning districts shall be erected for a period not to exceed
sixty days. The temporary sign shall be removed in its entirety for a minimum
of sixty days prior to the issuance of a new permit.
(3) Temporary signs
shall not exceed 36 square feet per sign face.
(4) The maximum
permitted height of a temporary sign is six feet.
(5) A temporary sign
shall not be erected unless a permit is obtained for the sign, unless a permit
is not required by section 3.605 or 3.619.
(6) A temporary sign
shall not be:
(A) Illuminated or have
any moving elements; or
(B) Erected or
maintained within the visibility triangle.
(b) Portable signs are
permitted in nonresidential zoning districts and are subject to the following
regulations:
(1) A person may
display a portable sign for a business for a continuous period of six months,
beginning the date that the new business receives a certificate of occupancy
from the city.
(2) Thereafter, a
person may erect and display a portable sign for a period of up to thirty days.
The portable sign shall be removed for not less than thirty days prior to the
issuance of another permit. Permit fees shall be in accordance with the city
fee schedule.
(3) Portable signs must
be removed within three days of termination of the activity, service, product
or sale, which is advertised on the sign.
(c) A portable sign
shall not be permitted on property located within an R-1, R-2 or R-3 zoning
district.
(d) A person commits an
offense if the person erects or maintains a portable sign within the visibility
triangle.
Construction
signs are permitted in all zoning districts, and within the city’s
extraterritorial jurisdiction, subject to the following restrictions:
(1) One temporary
on-premises construction sign for each contractor, lender, architect, engineer,
or to advertise the arrival of a new residential development on the premises to
which the sign pertains is allowed.
(2) Such signs shall not
be erected prior to the issuance of a building or development permit of the
project to which the sign pertains and must be removed at the time of final
approval of the construction or development by the building official.
(3) Such signage shall
not exceed twelve square feet per side or exceed six feet in height.
(4) Two temporary
off-premises construction signs are permitted for residential subdivisions.
Developers may erect one temporary off-premises construction sign until eighty
percent of the lots in the advertised subdivision are built. The second
off-premises construction sign may remain up to one year after the subdivision
has been accepted by the city or until eighty percent of the lots in the
advertised subdivision are built, whichever comes first. Off-premises signs
shall not exceed thirty-five feet in height. The gross surface area shall not
exceed thirty-two square feet for each side.
(a) Signs identifying a
residentially zoned subdivision are permitted in the city and in the city’s
extraterritorial jurisdiction, subject to the following restrictions:
(1) Subdivision signs
shall be monument signs; and
(2) Shall not exceed:
(A) Thirty-two square
feet for each face; and
(B) Six
feet in height.
(b) One subdivision sign
shall be permitted for each entrance to the subdivision.
(c) A subdivision sign
shall not be erected or maintained within the visibility triangle.
Real
estate signs, other than signs prohibited by section 3.606, are permitted in
all zoning districts, and in the city’s extraterritorial jurisdiction, subject
to the following restrictions:
(1) Developed Property.
(A) One real estate
sign is permitted on each street frontage.
(B) No off-premises
real estate signs are permitted in residentially zoned developed subdivisions.
(C) The total gross
surface area of each sign shall not exceed sixteen square feet per side.
(D) Each sign shall not
exceed ten feet in height.
(E) A real estate sign
shall not be erected or maintained within the visibility triangle.
(2) Undeveloped Property. Real estate signs may be erected
on undeveloped property as follows:
(A) Signs may be placed
no closer than one per three hundred linear feet of street frontage.
(B) The total gross
surface area for each sign shall not exceed sixteen square feet for each side.
(C) Each sign shall not
exceed ten feet in height.
(D) A real estate sign
shall not be erected or maintained within the visibility triangle.
Off-premises
temporary real estate directional signs are permitted in all zoning districts,
and in the city’s extraterritorial jurisdiction, subject to the following
regulations:
(1) A permit is
required prior to the placement of temporary real estate directional signs.
(2) The applicant shall
place no more than ten temporary real estate signs at a time.
(3) Signs shall not
constitute a traffic hazard or impair visibility. A temporary real estate
directional sign shall not be erected or maintained within the visibility
triangle.
(4) Temporary real
estate directional signs shall not be placed in the right-of-way.
(5) A temporary real
estate directional sign shall not exceed 320 square feet in size.
(a) Directional signs
are permitted in the city and in the extraterritorial jurisdiction subject to
the following regulations:
(1) The maximum
permitted height is three (3) feet.
(2) The maximum area is
eight (8) square feet with a maximum of four (4) square feet per sign face.
(3) The maximum number
of signs is two (2) signs per premises.
(b) Off-premises signs
are permitted in all zoning districts and in the city’s extraterritorial
jurisdiction, subject to the following regulations:
(1) Off-premises signs are
permitted in nonresidential zoning districts; however, nothing in this section
shall be construed to allow additional signage other than the maximum amount
allowed in this article.
(2) No directional or
off-premises signs shall be allowed in residential zoning districts except
temporary real estate directional signs and signs containing noncommercial
message.
(3) No directional or
off-premises sign is permitted to be erected or maintained within the
visibility triangle.
The
following signs are permitted in all zoning districts and in the city’s
extraterritorial jurisdiction and do not require a permit, provided they meet
all other requirements of this article:
(1) Protective signs
that have as their purpose, the protection of life and property.
(2) Signs or markers
giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities,
pipelines, public sewers or water lines or other public utilities.
(3) Signs erected by an
agency of the state or a political subdivision of the state.
(4) The display of a
national flag or state flag, emblem, insignia, legal notices or informational,
directional or traffic signs which are legally required or necessary to the essential
functions of government agencies (state, federal, and city), except that each
flag in a residentially zoned district shall not exceed twenty-five feet in
height.
(5) Signs with street
names and/or street numbers.
(6) Memorial signs or
tablets, names of buildings and date of erection, when cut into any masonry
surface or when constructed of bronze or other noncombustible material.
(7) Temporary or
portable decorative displays for holidays, public demonstrations, civic, school
or religious events, or community service announcements which do not contain
advertising.
(8) Signs which state
the name of the company which constructed a fence, not to exceed one square
foot in size.
(9) Real estate signs.
(a) Signs in the
extraterritorial jurisdiction shall comply with this article, with the
exception of exempt signs identified in section 3.619.
(b) The erection,
maintenance or display of the following types of signs is hereby prohibited in
the extraterritorial jurisdiction:
(1) Any signs described
in section 3.606 hereof;
(2) Billboards; and\or
(3) Any sign attached
to a fence.
(c) Temporary real
estate directional signs are allowed in the extraterritorial jurisdiction,
subject to the following:
(1) A sign shall not be
placed in the right-of-way or within the visibility triangle.
(2) Signs may placed only on developed property, with the permission of
the owner.
(3) A temporary real
estate sign may not exceed six feet in height.
(4) A person commits an
offense if the person erects or maintains more than 10 temporary real estate
signs.
(d) Pole signs are
allowed in the extraterritorial jurisdiction subject to the following:
(1) Each premises or
lot shall have no more than one pole sign per street frontage.
(2) A pole sign shall
not exceed thirty-five feet in height except that pole signs on properties
fronting onto State Highway 380 or Highway 114 shall not exceed fifty feet in
height.
(3) A pole sign shall
not exceed 100 square feet of gross surface area per side.
(4) A pole sign may be
located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians.
(5) If placed on a
corner, the sign shall not be placed in the visibility triangle.
(6) Premises containing
two or more businesses may have one pole sign which advertises multiple
occupants.
(e) Monument signs are
allowed subject to the following:
(1) Each premises shall have no more than one monument sign per
street frontage.
(2) A monument sign
shall not exceed 35 square feet of gross surface area for each side.
(3) A monument sign
shall not exceed eight feet in height, including the base.
(4) Monument signs may
be located next to, but not into the public right-of-way provided that the sign
does not create a hazard to traffic or pedestrians, or if placed on a corner
such sign shall not be placed in the visibility triangle.
(5) Structures
containing two or more businesses, as permitted by individual certificate of
occupancy permits, may have one monument sign which advertises multiple
occupants.
(f) Wall signs,
including marquee, canopies and awnings, are allowed subject to the following
regulations:
(1) The front and all
sides of a building or leasable space abutting a
public street shall be measured to determine the amount of wall signage
permitted by using the following formula:
Width x Height x
Fifteen Percent
(For buildings or
leasable space with a wall height of less than twenty
feet, measured from ground level to the bottom of the roof line, the following
method of measurement shall be used: width multiplied by twenty feet x fifteen
percent).
(2) For multi-occupant
structures, only the area of leasable space shall be
used to determine maximum allowable signage.
(3) All wall signs and
sign copy shall be mounted parallel to the building surface to which they are
attached, and shall project no more than eighteen inches from the building
surface.
(g) One portable sign
per premises is allowed for a period not to exceed 30 days twice a year.
(h) Subdivision signs
are allowed at the entrance of subdivisions, subject to the requirements of
section 3.615 hereof.
(i) Political
signs are allowed in accordance with section 3.608 hereof.
Signs
in the extraterritorial jurisdiction may be altered only as follows:
(1) A sign which has
been blown down or otherwise destroyed by wind, fire or damages from any other
source, may be repaired, if the sign is not abandoned, provided that the cost
of repairing the sign is 60 percent of the cost of erecting a new sign of the
same type at the same location, or less. If the cost of repairing the sign is
more than 60 percent of the cost of erecting a new sign of the same type at the
same location, the sign may not be altered, reconstructed, repaired or
replaced, and the owner shall remove the sign or bring it into compliance with
this article.
(2) Normal maintenance
operations may be performed on the sign. If a sign is dismantled for any
purpose other than an alteration or maintenance operation permitted hereunder,
the sign may not be altered, reconstructed, repaired or replaced, and the owner
shall remove the sign or bring it into compliance with this article.
(a) Notwithstanding any
other provision of this article, any sign that may display a commercial message
may also display a noncommercial message, either in place of or in addition to
the commercial message, so long as the sign complies with the other
requirements of this article and other city ordinances.
(b) Notwithstanding any
other provisions of this article, or other ordinance, any sign that may display
one type of noncommercial message may also display any other type of
noncommercial message, so long as the sign complies with the other requirements
of this article and other city ordinances.
Air
navigation facilities such as directional beacons are allowed and a permit is
required.
(a) A sign lawfully existing
or under construction on the effective date of the ordinance adopted in this
article which does not conform to one or more of the provisions of this article
may be continued in operation and maintained as a legal nonconforming sign. A
nonconforming sign shall be allowed to remain until such time as:
(1) The sign is
abandoned; or
(2) The property owner
or tenant changes or alters the sign in any manner other than by normal
maintenance to the configuration existing at the time of enactment of this
article; or
(3) It is determined by
the building official or his designee that the sign is a threat to health,
safety, or welfare of the citizens and/or a public nuisance.
(b) A nonconforming
sign which has been blown down or otherwise destroyed by wind, fire or damages
from any other source, may be repaired, if the sign is not abandoned, provided
that the cost of repairing the sign is sixty (60) percent of the cost of
erecting a new sign of the same type at the same location, or less. If the cost
of repairing the sign is more than 60 percent of the cost of erecting a new
sign of the same type at the same location, the sign may not be altered,
reconstructed, repaired or replaced, and the owner shall remove the sign or
bring it into compliance with this article.
A
sign erected without a permit, either prior to or after the adoption of the
ordinance codified in this article is an illegal sign if a permit was required
for its erection at the time the sign was erected. A person commits an offense
if the person maintains an illegal sign.
(a) Deteriorated Signs. Pursuant to Texas Health and Safety
Code, article 342, as amended, a sign that is visible from a public place and
that is dilapidated, deteriorated, unsafe, abandoned,
or is a hazard to the health or safety of the public, is declared a public
nuisance.
(b) Offense. A person commits an offense if the person
maintains an abandoned sign or a sign in dilapidated or deteriorated condition
on property he owns or controls.
(c) Abandoned Signs. Pursuant to Texas Health and Safety
Code, chapter 342, as amended, a sign that is abandoned and is visible from a
public place is declared a public nuisance.
(a) If the building
official shall determine that any sign is dilapidated, deteriorated, unsafe,
insecure, or is a hazard to the public, he shall give written notice to the
property owner, lessee, or sign erector to repair, replace or remove such sign.
If the property owner, lessee, or sign erector fails to remove or repair the
sign within ten days after such notice, the building official shall remove the
sign at the expense of the owner of the property upon which the sign is
located. The building official shall cause any sign, which is an immediate
hazard to persons to be removed without notice, and the cost of same shall be
paid by the property owner.
(b) Any sign which is
removed by the building official pursuant to this section shall be impounded
and stored. Records of where such signs are located and when removed shall be
kept. The building official shall send a letter to the owner of such sign, if
known, or, if not known, to the owner or person in control of the premises
where such sign was located, giving notice of such impoundment.
(c) The building
official shall hold the sign in storage for at least thirty days after notice
of impoundment has been mailed. Any sign may be redeemed by the owner upon
payment of the costs of removal of and hauling the sign to storage, as
determined by the building official, plus a per day storage fee. Such fees
shall be established by the city council.
(a) The city assesses
the expenses incurred pursuant to section 3.625 of this article against the
real estate on which the nuisance is abated, and charges the owner of the
property for the same.
(b) The city shall send
the owner of the property upon which the work was done a notice. The notice
shall include:
(1) An identification
of the property;
(2) A description of
the violation;
(3) A statement that
the city abated the condition;
(4) A statement of the
city’s charges and expenses in abating the condition;
(5) An explanation of
the property owner’s right to request a hearing within ten days; and
(6) A statement that in
the event the owner fails or refuses to pay the expense within thirty days
after the first day of the month following the one in which the work was done,
the mayor or his/her designee shall obtain a lien against the property by
filing with the county clerk of the appropriate county a statement of the
expenses so incurred.
(c) The lien is
security for the expenditures made and interest accruing at the rate of ten
percent per year from the date of payment by the city.
(d) The city council
will conduct a hearing if the property owner submits a written request within
10 days of the date of the notice. The council may find if a preponderance of
the evidence presented so shows, that the charges are erroneous and may adjust
the charges.
(e) When the statement
is filed, the city shall have a privileged lien on that property, second only
to tax liens and liens for street improvements.
(f) For any such
expenditures and interest, suit may be instituted and recovery and foreclosure
had by the city. The statement of expenses or a certified copy therefore, is
prima facie proof of the expenses incurred by the city in doing the work or
making the improvements, all as more particularly specified in Texas Health and
Safety Code annotated, section 342.007, as amended, which is adopted and
incorporated in this article by reference.
Any
appeal from a decision of the building official under the terms of this article
shall be made to the board of adjustment in accordance with the procedures of
the board of adjustment.
The
fees to be charged under this article are set forth in appendix A, section 4.500, sign permit fees, of the Code of
Ordinances.
Any
person, firm, governmental entity, partnership, corporation or other legal
entity who violates, disobeys, omits, neglects or
refuses to comply with or who shall resist the enforcement of any of the
provisions of this article shall be fined in accordance with the general
penalty provision found in section 1.109 of this code. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ordinance
05-07 adopted
In
the Commercial District no land shall be used and no building shall be used,
erected, or converted to any use other than:
1. Any use permitted
in the Residence Use Districts.
2. Automatic Laundry.
3. Bakery, retail
only.
4. Bank and office.
5. Cafeteria.
6. Commercial
billboard or advertising signs.
7. Cleaning and
pressing shops.
8. Drug Store.
9. "Fix-it"
shops, not exceeding 400 square feet in area.
10. Florist shops.
11. Gasoline filling
stations, but not including major auto repair work.
12. Grocery Store.
13. Ice Delivery
Station.
14. Meat Market.
15. Moving
picture theater (not drive-in).
16. Restaurants.
17. Retail store or
shop for custom or the making of articles to be sold at retail on the premises
only.
18. Shoe repair.
19. Tailor.
20. Washateria.
21. Auto repair garage.
22. Automobile track
and bus service and repairs.
23. Baggage, transfer,
storage and warehouse.
24. Cabinet maker.
25. Carpenter shop.
26. Carpet cleaning if
dust proof rooms and dust catching washing and scouring equipment is provided.
27. Ice Manufacture.
28. Lumber yard
(building materials).
29. Motorcycle
repairing.
30. Paint shop.
31. Penal or
correctional institution for the care of insane, liquor or narcotic patients,
feeble-minded.
32. Sheet metal shop.
33. Stone monument
works, retail only.
34. Storage warehouse.
35. Taxicab storage and
repair.
36. Used car lot.
37. Hospitals and
clinics except veterinary hospitals and clinics.
38. Drive-in
Theatres.
39. Trailer Courts.
40. Any other retail or
wholesale use, provided such use is not noxious or
offense by reason of emission of odors, soot, dust, noise or vibrations, but
excluding such uses as are enumerated in the Industrial District.