City of Decatur, Texas

Sign Ordinance

 

 

1 ABOUT THIS DOCUMENT

1.1 The official name of this document is the “Decatur Sign Ordinance” although in this document it will just be called “this document” or “this ordinance”. It is part of the City’s official Zoning Ordinance.

1.2 The reason for this ordinance is to accomplish the purposes listed in the Zoning Ordinance. Another reason for this document is to protect the historic and small town character of Decatur while giving businesses adequate visibility to succeed. To do this, it allows each business to be adequately identified, but does not allow each business to compete for the attention of passing drivers.

2 DEFINITIONS

2.1 Some of the important words used in this document are listed below, followed by an explanation of what the words mean:

Sign means a picture, logo, letters, lights, color, displays and all other such devices or items used to promote or attract attention to a product, business, service or activity. Signs that cannot be seen from the street are not regulated by this ordinance nor are signs that are installed by public utilities and governments that are erected for safety reasons, such as traffic and street signs.

Sign area means the total area of a box drawn around the extent of a sign background (which is used to distinguish the sign), sign cabinet or structure (See Illustration A).

Sign height means the distance from grade to the top of the sign.

Street frontage means the property line adjacent to the right-of-way of a public street.

Building frontage means the exterior wall of a building or tenant space that has a primary, public entrance.

Building setback means the shortest distance from the nearest public street right-of-way to the building frontage.

Alter means to change the size or shape of a sign.

2.2 Words not defined are to be interpreted according to the normally accepted meaning of the word or its customary usage.

3 ABOUT THE PROCESS

3.1 The City’s Planning Director is responsible for interpreting, administering and enforcing this ordinance. If need be, the Director may designate others who are qualified to help in this process.

3.2 To make sure this ordinance is followed, all signs being installed, altered or moved require a permit and everyone engaged in the business of installing signs is required to get a sign license from the City. Signs being refaced for maintenance or to accommodate change of business are excluded.  When getting a permit, the Planning Director will require the following information: 1) Plot Plan, 2) Sign Drawings and Details, 3) Building Elevations, and 4) Engineered Plans for Freestanding Signs over 8’ in height. Once the permit is issued, the recipient has 180 days to complete the work before the permit expires.

3.3 To help cover the cost, a fee will be charged for the license and the permit. This fee will be set by City Council and listed in the City’s adopted Fee Schedule.

3.4 To protect the City and its citizens, everyone applying for a sign license must first provide a good and sufficient surety bond payable to the City in the sum of $5,000.00.

4 ENFORCING THIS ORDINANCE

4.1 To make sure this ordinance is followed and to protect the City and its citizens, the Planning Director will require signs to be inspected, will revoke licenses or permits for violations, will issue fines for violations and will have illegal signs removed.

4.2 Fines for violations will range from a $50 minimum to a $200 maximum and will be charged daily for each separate violation. Temporary illegal signs or signs imposing an immediate danger will be removed immediately without notification. Illegal permanent signs will be removed only after notification and a 30 day opportunity to correct the problem.

4.3 To lessen violations, the City will not issue new sign permits where illegal signs or violations still exist.

5 ABOUT EXISTING SIGNS

5.1 After this ordinance is adopted, all permanent signs not meeting the requirements of this ordinance are legal but nonconforming. As such, they are not required to conform unless they are removed, moved or suffer damage in excess of 50% of their replacement costs.

5.2 After this ordinance is adopted, all illegal temporary signs are subject to removal.

5.3 After the adoption of this ordinance, abandoned signs and sign poles are subject to removal after notification and a 30 day opportunity to correct the problem. This also applies to signs that advertise a business that has closed.

5.4 If the situation arises where a sign has to be removed and the owner has failed to correct the problem, then the City will have the sign removed. The cost for the removal will then be assessed against the land or building where the sign was located.

5.5 The ultimate liability and responsibility for all signs rests with the property owner, the applicant and/or business owner and the sign installer. These three parties are responsible to see that signs comply with this ordinance.

6 RULES APPLYING TO SIGNS

6.1 What follows is a list of rules regarding signs in the City of Decatur:

1. The sign must be on the same site to which its advertisement refers.

2. The leading edge of a permanent sign must be at least five feet off the street right-of-way. Temporary signs must not be on or over street right-of-way.

3. Signs must not be attached to fences, natural features or utility poles.

4. Permanent signs must be attached so that they are not moved by the wind.

5. Signs cannot have words or pictures which display specified sexual activities, nudity or semi-nudity as defined in the City’s Code of Ordinances, Section 7, titled “Sexually Oriented Business”.

6. The sign and surrounding area must be kept clean, safe, neatly painted and maintained and in good repair.

7. The sign cannot have flashing or flickering lights or moving parts unless it is an electronic message board sign (See 7.1 #20 on Page 5).

8. Illuminated signs must not interfere with traffic or traffic devices. An illuminated sign next to a residential area must be placed away from this area a distance equal to four times its height.

9. The sign must meet all other adopted codes, such as building, electrical and fire codes.

10. The sign must be at least ten feet from power lines or the distance required by the adopted electrical code, whichever one requires the most separation.

11. The sign can only have two faces, a front and a back, with a distance of not more than 18 inches between these faces.

12. The wiring to freestanding signs must be underground. The wiring to all other signs must be hidden.

13. Freestanding signs over eight feet in height (from grade to top of sign) require structural plans sealed by a civil or structural engineer licensed in Texas.

14. Freestanding signs must be designed for a 90 m.p.h. wind load.

15. Freestanding signs must be at least five feet away from buildings, driveways and parking areas. For protection, they must have a curbed or protected landscape area around the sign of at least four feet from the sign structure. This area must be at least four times the size of the sign area.

16. Mobile signs are not permitted unless specifically allowed herein.

7 SIGNS ALLOWED IN DECATUR

7.1 What follows is a list of signs allowed in Decatur along with rules about that sign. Signs not listed are simply not allowed:

1. Incidental signs used to inform or give direction for safety reasons, for example, “stop engine”, “no smoking” and “do not enter”.

Max Size 􀀍 2 Square Feet

Permit 􀀍 Not Required

District 􀀍 All

2. Identification signs such as nameplates and addresses used primarily for convenience and not advertisement.

Max Size 􀀍 2 Square Feet

Permit 􀀍 Not Required

District 􀀍 All

3. Shingle signs hanging perpendicular to the door at least 7 feet off the ground.

Max Size 􀀍 4 Square Feet

Number 􀀍 1 per Establishment

Permit 􀀍 Not Required

District 􀀍 All Districts

4. Garage sale or yard sale signs as long as no more than two sales are conducted each year and the signs are not up more than four days before or one day after the sale. (These are the only signs allowed offsite).

Max Size 􀀍 2 Square Feet

Number 􀀍 One On-Site – No More Than 3 Off-Site

Height 􀀍 3 Feet

Permit 􀀍 Not Required

District 􀀍 All

5. Development signs advertising a new development or subdivision or the names of the people or businesses involved with the development. These signs may be installed after the plat is filed and can remain up until the subdivision is filled or the development is complete.

Size 􀀍 32 Square Feet + Bonus

Bonus 􀀍 Add ¼ SF of Area for every One Foot of

Street Frontage Over 100 Feet.

Max Size 􀀍 64 Square Feet

Number 􀀍 One Per Street – No More Than Two

Height 􀀍 8 Feet

Permit 􀀍 Required

District 􀀍 All

6. Real estate signs advertising the sale, lease or rental of a property.

Max Size 􀀍 6 SF Residential/32 SF Commercial

Number 􀀍 One Per Street Front – No More Than 2

Height 􀀍 6 Feet

Permit 􀀍 Not Required

District 􀀍 All

7. Political signs with information about a candidate, political party or public issue in the current election campaign.

Max Size 􀀍 16 Square Feet

Number 􀀍 Unlimited

Height 􀀍 4 Feet

Permit 􀀍 Not Required

District 􀀍 All

8. Temporary banners that are firmly tied down so that they do not blow freely in the wind. Banners cannot be up for more than ten consecutive days or a total of 30 days, annually. After this time, the banners and all of their components must be removed for 10 consecutive days.

Max Size 􀀍 40 Square Feet

Number 􀀍 One Freestanding/One Wall

Height 􀀍 6 Feet – 10 Feet if Attached to a Wall

Permit 􀀍 Not Required

District 􀀍 Commercial Only

9. Holiday and public event signs showing support for public, community-wide, non-commercial special events, such as Flag Day, Independence Day and school sporting events. These signs cannot be up for more than ten consecutive days.

Max Size 􀀍 Unlimited

Number 􀀍 Unlimited

Height 􀀍 Unlimited

Permit 􀀍 Not Required

District 􀀍 All

10. Special event signs advertising a public, communitywide commercial event, such as a rodeo, car show or circus. These signs cannot be up for more than ten consecutive days.

Max Size 􀀍 Unlimited

Number 􀀍 Unlimited

Height 􀀍 Unlimited

Permit 􀀍 Not Required

District 􀀍 All

11. Sponsorship signs and scoreboards located within public facilities, such as sports stadiums and ball fields, and designed to attract attention only from the people within the facilities. These signs require special written permission (but not a permit) from the Planning Director who will verify that the signs only attract the attention of the people within the facilities.

Max Size 􀀍 Unlimited

Number 􀀍 Unlimited

Height 􀀍 Unlimited

Permit 􀀍 Not Required

District 􀀍 All

12. Wall signs are signs placed flat against a building wall or structure, such as a canopy over fuel pumps, and they do not extend out for more than 12 inches. These signs are allowed for every building or tenant space that has at least twenty feet of building frontage.

Number 􀀍 Unlimited

Height 􀀍 20 Feet – Not Above Wall

Location 􀀍 Middle 75% (See Illustration B)

Permit 􀀍 Required

District 􀀍 MF, Commercial and Industrial

Just how much wall sign is allowed depends upon the size of the building or tenant space and how far it sits back on the property. (Please note that the frontage and setback of one building or tenant space cannot be used for a sign on another building or tenant space). It also depends on which zoning district the building is in.

For property zoned Multi-Family:

Max Size 􀀍 10 Square Feet

For property zoned C-O, C-1 & C-1A (See Illustration C):

Size 􀀍 20 Square Feet + Bonus

Bonus 􀀍 Add ¼ SF of Area for every One Foot of

Building Frontage + ¼ SF of Area for

every One Foot of Building Setback

Max Size 􀀍 200 Square Feet

For property zoned C-2 & M-1:

Size 􀀍 30 Square Feet + Bonus

Bonus 􀀍 Add ¼ SF of Area for every One Foot of

Building Frontage + ¼ SF of Area for

every One Foot of Building Setback

Max Size 􀀍 500 Square Feet

13. Monument signs are allowed when there is a front yard of at least 10 feet and 50 feet of street frontage. Emergency signs, such as at hospitals, may deviate from these exact requirements whenever adequate emergency signage cannot otherwise be achieved.

Max Size 􀀍 60 SF Per Face/120 SF in C-2 & M-1

Zones

Number 􀀍 One Per Street Frontage – Two Max

Height 􀀍 8 Feet/10 Feet in C-2 & M-1 Zones; see

Section 3.2

Location 􀀍 Mid 1/3 of Street Frontage

Permit 􀀍 Required

District 􀀍 MF, CO, C-1, C-1A, C-2 and M-1

14. Pole signs are allowed when there is a front yard of at least 20 feet and 100 feet of street frontage and are in lieu of monument signs.

Max Size 􀀍 120 Square Feet Per Face

Number 􀀍 One Per Street Frontage – Two Max

Height 􀀍 25 Feet; see Section 3.2

Location 􀀍 Mid 1/3 of Street Frontage

Permit 􀀍 Required

District 􀀍 C-2 & M-1

15. Joint use signs are required when more than one business shares a common building or parking area. In these cases, each business cannot have their own monument or pole sign but must share a common monument or pole sign called a joint use sign. The requirements of the joint use sign are the same as the monument sign and the pole sign except that the size and height can be increased as follows:

For every five feet of street frontage over 100 feet, add one square foot of size and ¼ foot of height. (Please note that the frontage of one street cannot be used for a sign on another street frontage). The new maximum size and height would be as follows:

Max Size 􀀍 250 SF Monument/200 SF Pole

Height 􀀍 30 Feet for Monument & Pole; see Section

3.2

16. Highway pole signs are allowed for businesses zoned C-2 which have at least 100 feet of street frontage on U.S. Highway 81/287 or 380 Bypass. They are only allowed on the street frontage that is adjacent to the highway and are in lieu of all other freestanding signs. Their size depends on their height as follows:

The bottom of the sign must be a least 25 feet high. At 30 feet high, the sign can be 140 square feet. For every one foot added in height, two feet in area can be added to the following maximums:

Max Size 􀀍 200 Square Feet Per Face

Height 􀀍 60 Feet; see Section 3.2

17. Highway monument signs are allowed for businesses zoned C-2 which have at least 100 feet of street frontage on U.S. Highway 81/287 or 380 Bypass. They are only allowed on the street frontage that is adjacent to the highway and are in lieu of all other freestanding signs.

Max Size 􀀍 162 Square Feet Per Face

Height 􀀍 15 Fee; see Section 3.2

18. Directional signs are limited to directional text or directional graphics, such as, "Office", "Entrance", "Exit" or "Parking” and can be either wall, monument or pole signs

Max Size 􀀍 4 Square Feet

Number 􀀍 One Per Curb Cut/Unlimited for Interior

Height 􀀍 3 Feet for Freestanding/10 Feet for Wall

Location 􀀍 Varies

Permit 􀀍 Required

District 􀀍 Multi-Family, Commercial and Industrial

19. Subdivision entry signs are allowed for residential subdivisions that have ten or more lots. These signs can be monument signs or can be attached to a decorative, masonry fence or wall. All components of the sign, including wiring, lighting and structure, must be on private property.

Max Size 􀀍 10 Square Feet

Number 􀀍 Two Per Entry

20. Electronic message board sign are bonus signs that can be placed on pole signs (but not highway pole signs) or monument signs. This sign is to be underneath the main identification sign.

Max Size 􀀍 30 Square Feet

Permit 􀀍 Required

District 􀀍 C-2 & M-1