Sec.
82-1. Purpose.
This
chapter is enacted to protect the health, safety, welfare, convenience and
enjoyment of the general public by providing for uniform standards for the
location, spacing, height, setback, lighting and other regulations of signs
within the City of
(1) Preserve,
protect and enhance areas of historical, architectural, cultural, aesthetic and
economic value, regardless of whether they are natural or manmade;
(2) Protect adjacent and nearby properties, in particular
residentially zoned properties, from the impact of lighting, size, height,
movement and location of signs;
(3) Protect
the safety and efficiency of the city's transportation network by reducing the
confusion or distraction to motorists and enhancing the motorists' ability to
see pedestrians, obstacles, other vehicles and traffic signs;
(4) Enhance
the impression of the city which is conveyed to tourists and visitors by
controlling the location and number of signs; and
(5) Integrate
sign regulations more effectively with general zoning regulations by
establishing requirements for setbacks, height restrictions and spacing, to
allow for lighting, ventilation and preservation of views in a manner
consistent with land uses in the various zoning districts.
(Code 1973, § 17 1/2-1; Ord. No. 1400, § 1, 10-24-88)
Sec. 82-2. Definitions.
As
used in this chapter, the following terms shall have the respective meanings
ascribed to them:
Attached sign. Any sign attached to, applied on or supported
by any part of a building (such as a wall, roof, window, canopy, awning, arcade
or marquee) which encloses or covers usable space.
Detached sign. Any sign which is not attached, inclusive of
signs on movable objects, except signs on vehicles which are moving or are
parked only temporarily, incidental to their principal use for transportation.
Detached signs shall include ground signs and pole signs.
Ground sign. Any sign which is erected at ground level and
is not more than six feet in height although poles may be used as supporting
members or structures.
Off-premises
advertising sign. A sign
which advertises businesses, commodities, activities, services or persons which
are not usually available or present upon the premises upon which such sign is
located, or which directs persons to any location not on the premises.
Pole sign. Any sign which is mounted on poles or structures in such a
manner that the sign itself is not contiguous with the ground or mounted upon a
building or the sign is more than six feet in height.
Sign. Any device designed to inform or attract the attention of persons
not on the premises on which the sign is located; provided, however, that the
following shall not be included in the application of the regulations
herein:
(1) Signs
not exceeding one square foot in area and bearing only property numbers,
postbox numbers, names of occupants of premises, or other identification of
premises not having commercial connotations;
(2) Flags
and insignia of any government except when displayed in connection with
commercial promotion;
(3) Legal
notices; identification, informational, or directional signs erected or
required by governmental bodies;
(4) Integral
decorative or architectural features of buildings, except letters, trademarks,
moving parts, or moving lights.
Sign
area. Any area of the
smallest individual rectangle, triangle, circle or other geometric design, or
combination of not more than two contiguous rectangles, triangles, circles or
geometric designs which will encompass all elements of the sign which form an
integral part of the display, including background, borders and structural
trim. The area of a double-face sign shall be construed to be the area of the
largest single face of the sign, provided that the interior angle formed by the
two faces does not exceed 30degrees.
Temporary sign. Any sign intended to be displayed for a
limited period of time only, including by way of example but not of limitation,
any sign or advertising display constructed of cloth, canvas, light fabric,
cardboard, wallboard or other light materials, with or without frames or
wheels. Temporary signs shall also include portable signs.
(Code 1973, § 17 1/2-2; Ord. No. 1400, § 1, 10-24-88)
Cross references:
Definitions generally, § 1-3.
Sec. 82-3. General requirements.
(a) All
signs must be constructed in strict compliance with the
(b) No
sign shall be located in or project into the public right-of-way or public
property unless specifically approved by the city council.
(c) No sign
shall be placed upon private property within the City of
(d) Illuminated
signs which may be permitted under this chapter shall be subject to the
following restrictions:
(1) Signs
which contain, include, or are illuminated by flashing, intermittent, or moving
lights are prohibited, except where the message or intermittency shall be no
less than five seconds in duration.
(2) Lights
on signs shall be effectively shielded as to prevent beams or rays of light
from being directed in any portion of a travelled
roadway if they are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle, or if they otherwise
interfere with any driver's operation of a motor vehicle.
(3) No
sign shall be illuminated that interferes with the effectiveness of or obscures
an official traffic sign, device or signal.
(e) Pole
signs over 25 feet in height above ground level shall be designed, and the
plans sealed by an architect or engineer licensed by the State of Texas,
certifying their safety and compliance with applicable laws and codes. Pole
sign structures shall be constructed of steel or other approved noncombustible
material.
(f) All
signs, including supports, braces and anchors, shall be kept in good repair and
neat appearance. The face or display surface of all signs shall be kept neatly
posted or painted at all times.
(g) Any
sign which, because of damage or disrepair, becomes a hazard to public health
or safety or is not being maintained as provided herein shall be immediately
removed upon receipt of notice from the city. In addition to any other remedies
available to the city, any sign remaining in violation of this provision may be
removed by the city and the sign may be sold at private or public sale. The
owner of the sign shall be responsible for all costs of removal, storage and
sale. The proceeds from the sale of suchsign shall
offset the city's costs in removing, storing and selling such sign and the
balance remaining, if any, shall be refunded to the owner.
(h) When
any sign, including any handbill, poster, or advertisement, whether commercial,
political or ideological, is found posted, fastened, erected or displayed in
violation of this chapter, it shall be prima facie evidence that such unlawful
posting, fastening, erecting or displaying was caused by the person, firm or
corporation advertised thereon.
(i) The
owner or occupant of the premises upon which the sign is located, whichever
shall be determined to have erected and/or maintained such nonconforming sign,
shall be responsible for any violations of this chapter.
(Code 1973, § 17 1/2-3; Ord. No. 1400, § 1, 10-24-88)
Sec. 82-4. Permits.
(a) Any
person, firm or corporation desiring to construct, install, or cause to be
constructed or installed, any sign within the city limits (except those signs
exempted from the terms of this chapter under section 82-9) shall first apply
for a permit with the building inspection department with all such information
as may be required to determine the applicability of this chapter to the
proposed sign. A permit fee shall then be paid by the applicant before any such
permit is issued.
(b) Any
person, firm or corporation desiring to construct, install, or cause to be
constructed or installed, any off-premises advertising sign along the
interstate highway system or the federal aid primary highway system within the
city limits shall, prior to issuance of a permit, present proof of having
first, obtained an outdoor advertising license from the state department of
highways and public transportation right-of-way division.
(c) Before
a sign permit is issued to construct or install any sign, a plot plan shall be
submitted in triplicate to the building inspection division. The plan shall
depict the sign and shall show dimensions, height, construction materials,
location on the building or property, and distances from property lines,
streets, buildings and other structures. All signs hereinafter installed shall
have permanently affixed thereto a label indicating the number of the permit
issued.
(Code 1973, § 17 1/2-4; Ord. No. 1400, § 1, 10-24-88; Ord.
No. 1422, § 1, 1-23-89)
Sec. 82-5. Use
regulations.
(a) [Generally.]
It shall be unlawful to construct or install or permit to be constructed or
installed any sign within the city limits, except as expressly permitted in
this chapter.
(b) CF
community facilities district. Signs shall be permitted to identify the
use or uses of property upon which they are displayed subject to the following
regulations:
(1) Attached
sign:
a. Maximum
sign area--Ten percent of the facade area of a building face or area of the
front of the building space.
b. Maximum
height--Attached signs shall not extend above the face or area of the front of
the building space with the exception of roof signs. Roof signs shall not
exceed the height limitations for the "CF" district.
c. Maximum
of one attached sign per frontage.
(2) Ground
sign:
a. Maximum
sign area--32 square feet;
b. Maximum
height--Six feet;
c. Maximum
of one sign per street frontage.
(3) Pole
sign:
a. Maximum
sign area--32 square feet;
b. Maximum
height--20 feet;
c. Maximum
of one sign per street frontage.
(4) Special
provisions:
a. Revolving
signs shall not be permitted.
b. Maximum
of one detached sign per street frontage.
c. Off-premises advertising signs
may be located in the CF zoning district if all of the following conditions
apply:
1. The
sign advertises or promotes information for a use permitted in the CF zoning
district;
2. The
premises on which the sign is located is abutting or directly across the street
from the CF use for which the sign is advertising or providing information; and
3. The
sign meets all the requirements of this subsection (b).
d. The
provisions of section 82-7 shall not apply to an off-premises advertising sign
permitted under subsection (b)(4)c of this section.
(c) R-1
one-family, R-2 one-family and R-3 two-family districts. [In R-1, R-2
and R-3 districts the following shall apply:]
(1) General
provisions: Each family may install or permit to be installed an unilluminated nameplate, not exceeding one square foot in
area containing the name of the occupant of the premises. There shall be no
change in the outside appearance of the building or premises.
(2) Ground
sign: Not allowed.
(3) Pole
sign: Not allowed.
(4) Special
provisions:
a. Temporary
signs advertising garage sales shall be permitted subject to the following
restrictions:
1. Signs
shall not exceed 2 1/2 square feet in sign area and shall not exceed 2 1/2 feet
in height;
2. Signs
may only be posted on residentially zoned properties and only with the
permission of the property owner;
3. Signs
may be posted for not more than three days beginning on the day the garage sale
begins;
4. Signs
shall be removed at the close of garage sale activities or by
5. Signs
shall not be posted on a utility pole, traffic signal, or sign pole;
6. Signs
shall not be posted less than five feet nor more than 15 feet from the curb or
roadway pavement, whichever exists.
b. Temporary
signs pertaining to the sale or rental of real property are permitted. The
maximum size of a real estate sales sign is eight square feet with a maximum
height of six feet.
(d) R-4
and R-5, multiple-family districts. Signs shall be permitted to
identify the use or uses of the property upon which they are displayed subject
to the following regulations:
(1) Attached
sign:
a. Maximum
sign area--15 percent of the facade area of a building face or area of the
front of the building space.
b. Maximum
height--Attached signs shall not extend above the face or area of the front of
the building space with the exception of roof signs. Roof signs shall not
exceed the height limitations for the "R-4" or "R-5" districts.
c. There
shall be no maximum number of signs as long as the maximum area is not
exceeded.
(2) Ground
sign:
a. Maximum
sign area--80 square feet;
b. Maximum
height--Six feet;
c. Maximum
of one ground sign per street frontage.
(3) Pole
sign: Not allowed.
(4) Special
provisions:
a. Signs
may be illuminated;
b. Revolving
signs are not permitted in this district;
c. Sign
area limitations can be used with ground or building signs or in combination;
d. Maximum
of one detached sign per street frontage.
(e) O office
district and C-1, commercial district. Signs shall be permitted to
identify the use or uses of the property upon which they are displayed subject
to the following regulations:
(1) Attached
signs:
a. Maximum
sign area--15 percent of the facade area of a building face or area of the
front of the building space.
b. Maximum
height--Attached signs shall not extend above the face or area of the front of
the building space with the exception of roof signs. Roof signs shall not
exceed the height limitations for the "O" or "C-1"
districts.
c. Signs
on buildings shall not extend beyond the building.
d. There
shall be no maximum number of signs as long as the maximum area is not
exceeded.
(2) Ground
sign:
a. Maximum
sign area--One percent of the floor area of the building.
b. Maximum
of one ground sign per street frontage.
(3) Pole
sign:
a. Allowed
only for those businesses having 100 linear feet or more of frontage on a
public street;
b. Maximum
sign area--80 square feet;
c. Maximum
height--35 feet.
(4) Special
provisions: The provisions regulating signs in the C-2 commercial
district shall be permitted for signs in the C-1 commercial district for lots
fronting on a "
(f) C-2
commercial district, C-3 commercial district, C-4 commercial district, M-1
industrial district, and M-2 heavy industrial district. Signs shall
be permitted to identify the use or uses of the property upon which they are
displayed subject to the following regulations:
(1) Attached
signs:
a. Maximum
sign area--20 percent of the facade area of a building face or area of the
front of the building space.
b. Maximum
height--Attached signs shall not extend above the face or area of the front of
the building space except roof signs. Roof signs shall not exceed the height
limitations of the "C-2," "C-3," "C-4," "M-1,"
or "M-2" districts.
c. There
shall be no maximum number of signs as long as the maximum area is not
exceeded.
(2) Ground
sign:
a. Maximum
sign area--35 square feet;
b. Maximum
height--Six feet;
c. Maximum
of one ground sign per street frontage.
(3) Pole
sign:
a. Pole
signs are permitted in the front or side yard. Every portion of such sign
extending over the required yard shall have a minimum clearance of 11 feet.
Each such sign shall be supported by a single or dual freestanding pole without
guide wires or braces;
b. If
located within ten feet of the property line, the maximum sign area shall be 80
square feet and the maximum height shall be 35 feet. If more than ten feet from
the property line, the area of the sign shall not exceed 120 square feet and 50
feet in height;
c. Pole
signs in the front yard shall be located not less than 50 feet from districts
R-1, R-2, R-3, R-4 or R-5.
d. The
pole(s) supporting such sign(s) shall be designed in accordance with provisions
of the current edition of the uniform building code that now exists or as it
may be revised or amended. Enclosures connecting two or more poles supporting a
sign are not permitted in the area less than 11 feet from the surrounding
ground level;
e. Pylon-type
signs are prohibited;
f. The
maximum sign area is the total area of all tenants or services advertised on
one sign structure. The city council may grant a variance for groups of six or
more businesses on sites greater than two acres which use a common sign.
g. Maximum
of one pole sign per street frontage.
(Code
1973, § 17 1/2-5; Ord. No. 1400, § 1,
Sec. 82-6. Temporary signs.
Temporary
signs may be temporarily located on property in CF, R-5, O, C-1, C-2, C-3, C-4,
M-1 and M-2 districts subject to the following:
(1) Temporary
signs may not exceed 50 square feet in sign area and eight feet in overall
height.
(2) All
temporary signs must be located on private property, a minimum of 50 feet from
the intersection of any street or highway right-of-way.
(3) Temporary
signs may not be located in areas of required off-street parking.
(4) Temporary
signs may not be located in areas that may, in the judgment of the building
inspection department or the police department, create a safety hazard to
vehicular or pedestrian traffic.
(5) No
temporary sign shall be located within the city unless a permit is issued therefor by the inspection department of the city. Permits
may be issued by the inspection department for a period not to exceed 60 days,
and no additional temporary sign permit shall be issued for the same
business/certificate of occupancy for a period of 30 days after removal of the
previous sign. A permit fee of $1.00 per day shall be charged for each
temporary sign permit up to 30 days (with a minimum fee of $10.00), and
$50.00for each temporary sign permit in excess of 30 days. No permit shall be
required or fee charged for the erection of one temporary public interest sign,
banner, etc., per lot, for a period not to exceed two weeks, announcing
activities or other events of a public, civic, philanthropic or religious
organization. Upon expiration of the hereinabove permitted time periods, such
temporary signs and sign structures shall be removed from public view.
(6) All
applications for temporary sign permits presented to the building inspection
department must include the following information: name, address, phone number
of the owner of the property, the center of the sign, and the owner of the
sign, the proposed dates the sign would be located on the property; the
signature of the sign owner responsible for removal of the temporary sign; and
a scale drawing including the legal description of the property, all applicable
property lines and dimensions, all street intersections, all applicable
driveways, all applicable parking and off-street traffic circulation areas, and
accurately showing the proposed location of the temporary sign. The owner of
any temporary sign shall be responsible for obtaining the permit required
herein and shall be responsible for any violations of this chapter whether the
sign is leased or rented to another or not. Upon obtaining a permit, the owner
of said sign shall sign a statement indemnifying and holding the city harmless
for any damages which may result from the placement of said sign.
(7) Temporary
signs, when permitted, may not be relocated to any other location on the
property or to other property without prior authorization from the building
inspection department and the police department. Any approved relocation of a
permitted temporary sign does not extend the authorized time period of the
sign.
(8) Temporary
signs shall be required to meet all applicable building and electrical codes.
(9) No
temporary sign shall be located any closer than 100 feet from another temporary
sign.
(10) Temporary
signs shall be maintained in good state of repair and shall not be allowed to
become dilapidated, unsightly or deteriorated.
(Code 1973, § 17 1/2-6; Ord. No. 1400, § 1, 10-24-88; Ord.
No. 1467, 2-26-90)
Sec. 82-7. Off-premises advertising signs.
(a) Off-premises
advertising signs may not be located in a manner which obscures or otherwise
interferes with the effectiveness of an official traffic sign, signal or
device, or which obstructs or interferes with a driver's view of approaching,
merging or intersecting traffic.
(b) No
off-premises advertising sign shall be located closer than 1,760 feet, measured
radially, from another off-premises advertising sign
on State Highway 121 (Airport Freeway) or Interstate Loop 820. Off-premises
advertising signs shall be prohibited along all other streets.
(c) Off-premises
advertising signs shall not be located within 1,500 feet of any public park,
public forest, public playground, or scenic area designated by the Texas
Department of Highways and Public Transportation, the City of
(d) All
off-premises advertising sign structures shall be constructed of all steel or
other approved noncombustible material. The face of the sign may be of plastic
coated fire retardant treated material.
(e) A
25-foot minimum setback from all property lines shall be maintained for the
erection of off-premises advertising signs.
(f) No
off-premises advertising sign shall exceed the following limits:
(1) Maximum
area including trim--672 square feet;
(2) Maximum
sign face height--25 feet;
(3) Maximum
length (face of sign)--60 feet;
(4) Maximum
height--42 1/2 feet measured at grade level;
(5) Minimum
clearance grade to sign--14 feet.
(g) No
off-premises advertising sign shall be permitted without prior approval of a
special exception by the zoning board of adjustment.
(h) Off-premises
advertising signs shall only be located in the C-2, C-3, C-4, M-1 and M-2
zoning districts.
(Code
1973, § 17 1/2-7; Ord. No. 1400, § 1,
Sec. 82-8. Prohibitions.
The
following signs are absolutely prohibited in any district zoned or unzoned within the corporate limits in the City of
(1) Signs
which imitate or resemble any official traffic sign, signal or device or using
a revolving beam or beacon resembling any emergency vehicle.
(2) Signs
which are erected or maintained upon trees or which are painted or drawn upon
rocks or other natural features.
(3) Signs
which are placed upon utility poles or traffic control devices, or in the
street right-of-way.
(Code 1973, § 17 1/2-8; Ord. No. 1400, § 1, 10-24-88)
Sec. 82-9. Exemptions.
(a) Exempt
from all provisions of this chapter. The following signs are exempt
from all provisions and requirements of this chapter 82:
(1) Warning,
security, "danger," "caution," etc. signs.
(2) Directional
signs for parking.
(3) Government
signs, flags, insignia, legal notices, or informational, directional, or
traffic signs.
(4) Signs
not visible from off property.
(b) Subject
only to specified provisions of this chapter. The following signs are
subject only to the provisions of sections 82-3, 82-8, 82-11, and 82-12 of this
chapter, to the extent applicable:
(1) Signs
on vehicles unless used or intended to be used as on-premises signs. It shall
be prima facie evidence that a sign is used as an on-premises sign if a vehicle
is parked on site for a continuous period exceeding 48 hours.
(2) One
non-illuminated real estate sign, temporary in nature, advertising real estate
for sale or lease or announcing contemplated improvements; provided, however,
that said sign shall not exceed eight square feet in any one- or two-family
dwelling district and shall not exceed 60 square feet in any other district;
provided, further, however, on corner lots and through lots, one such sign
shall be allowed for each street on which the lot has frontage.
(3) One
construction sign, not exceeding 40 square feet in area and not located in any
one- and two-family dwelling district, denoting the owner, architect, financial
institution, general contractor, subcontractor or any statement pertaining to
the project; provided, however, on corner lots and through lots, one such sign
shall be allowed for each street on which the lot has frontage.
(4) Political
signs erected solely for and pertaining to a public election may be erected
with the permission of the property owner subject to the following:
a. Signs
not exceeding 16 square feet in area may be erected in any zoning district; and
b. Signs
not exceeding 32 square feet in area may be erected only in districts O, C-1,
C-2, C-3, C-4, M-1 and M-2.
(5) Signs
in windows.
(Code
1973, § 17 1/2-9; Ord. No. 1400, § 1,
Sec. 82-10. Existing signs.
(a) Any
sign, except as provided in section 82-6(5), installed and in use and in legal
conformity prior to the enactment of this chapter will not be restricted by
this chapter so long as its location, height, basic construction, and other significant
characteristics remain unchanged. Any sign in any zoning district which is
rebuilt, relocated, modified, enlarged, extended or altered, other than by
normal maintenance to the configuration existing at the time of enactment of
this chapter, shall be regulated by this chapter.
(b) If a
sign, legally in existence prior to the effective date of the ordinance from
which this section is derived has been destroyed, said sign must comply with
these regulations. For the purpose of this section, a sign or substantial part
of it is considered to have been destroyed only 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.
(Code
1973, § 17 1/2-10; Ord. No. 1400, § 1,
Sec. 82-11. Electrical signs.
[The
following provisions shall apply to electrical signs:]
(1) Any
electrical work performed on electrical signs shall be under the supervision of
a master sign electrician who shall be registered and licensed by the City of
(2) Permits
shall be obtained from the building inspection division by the master sign
electrician before any electrical work begins.
(3) Malfunctioning
electrically energized, activated or operated signs shall be immediately
repaired or disconnected from the power source until repairs can be made.
(4) It
shall be unlawful for any person, firm, or corporation to conceal or place in
operation any electrical sign or outline lighting equipment that has been
disapproved or condemned until it has been repaired and properly inspected by
the electrical inspector.
(5) All
electrical conductors, outlets, switches, transformers and other electrical
components shall be installed in conformance with the National Electrical Code.
(6) No
combustible materials other than approved plastics shall be used in the
construction of electrical signs.
(Code 1973, § 17 1/2-11; Ord. No. 1400, § 1, 10-24-88)
Cross references:
Electricity generally, § 14-86 et seq.
Sec. 82-12. Variances; board of appeals.
(a) There
is hereby created a sign board of appeals which shall have the power and
authority in appropriate cases and subject to appropriate conditions as set
forth below to grant variances from the size, spacing, height, setback, location
and other requirements set forth in this chapter.
(b) In
order to grant a variance from the regulations established herein, the board
must first find that a literal enforcement of the provisions of this chapter
will result in an unnecessary hardship; that the unnecessary hardship is not
self-imposed; that the granted variance will not be contrary to the public
interest; and that by granting the variance, the spirit of the chapter will be
observed and substantial justice will be done.
(c) Notice
of a requested variance shall be sent by written mail at least ten days prior
to the hearing of the board to the owners of adjacent properties which would be
affected by the granting of the variance, and to the owner of any existing
off-premises advertising sign which is located within 1,760 feet of the
proposed off-premises advertising sign for which a variance is requested.
(d) The
zoning board of adjustment for the city is hereby designated to serve as the
sign board of appeals. Any variance authorized by this section may be heard by
the board concurrently with the consideration of the granting of a special
exception for the location of an off-premises advertising sign as required in
the zoning ordinance.
(Code 1973, § 17 1/2-12; Ord. No. 1423, § 1, 4-10-89)