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Alice City Zoning Code

CHAPTER 14

- SIGNS

APPENDIX A. - SIGN DESIGN STANDARDS SUMMARY TABLE

Type of Sign Maximum Area Maximum Height Maximum Number Permit Required Conditions (Section Number)
Athletic sponsorship 32 sq. ft. See
conditions
- No 14.06.051
Awning See
conditions
- 1—2 Yes 14.06.052
Banners > 32 sq. ft. 15 ft. 1 Yes 14.06.053
Canopy 24 sq. ft. 8 ft. 1—2 Yes 14.06.055
Community service (residential) 6 sq. ft. 6 ft. - Yes 14.06.056
Community service (nonresidential) > 32 sq. ft. 6 ft. - Yes 14.06.056
Construction/
development
6 sq. ft. 6 ft. 1 No 14.06.057
Construction/
development
> 32 sq. ft. 6 ft. 1 Yes 14.06.057
Directory 15 sq. ft. 3 ft. 1/building Yes 14.06.058
Flags (nongovernmental) 25 sq. ft. 30 ft. 1 Yes 14.06.059
Flags (governmental) 30 sq. ft. 30 ft. - No 14.06.059
Hanging 8 sq. ft. 7 ft.
clearance
1—2 Yes 14.06.060
Directional 3 sq. ft. 6 ft. See
conditions
Yes 14.06.061
Monument—multi, 2-4 unit 64 sq. ft. 6 ft. 1/200 ft. Yes 14.06.062
Monument—multi, 5 or more units 80 sq. ft. 6 ft. 1/200 ft. Yes 14.06.062
Monument—single (nonresidential) 48 sq. ft. 6 ft. 1—2 Yes 14.06.063
Monument—single (town home/apt.) > 32 sq. ft. 6 ft. 1—2 Yes 14.06.063
Monument—single (model home) 24 sq. ft. 4 ft. 1—2 Yes 14.06.063
Monument—subdivision > 32 sq. ft. 6 ft. 1/entrance Yes 14.06.064
Political 36 sq. ft. 8 ft. - No 14.06.065
Private street 4 sq. ft. 8 ft. - No 14.06.066
Private traffic control 3 sq. ft. 8 ft. - Yes 14.06.067
Projecting (nonresidential) - - 1(2 if corner lot) Yes 14.06.068
Projecting (residential) - - 1—2 Yes 14.06.068
Real estate 6 sq. ft. 6 ft. 1—2 No 14.06.069
Real estate > 32 sq. ft. 6 ft. 1—2 Yes 14.06.069
Sidewalk Sign - 3 ft. - Yes 14.06.070
Special event
(garage, yard, open house)
6 sq. ft. 6 ft. - Yes 14.06.070
Special event
(residential)
12 sq. ft. 6 ft. - Yes 14.06.070
Special event (nonresidential) > 32 sq. ft. 6 ft. - Yes 14.06.070
Vehicular sign > 32 sq. ft. - - No 14.06.071
Vending machine - - - No 14.06.072
Wall 64 sq. ft. - 1—2 Yes 14.06.073
Warning 2 sq. ft. 6 ft. - No 14.06.074
Window (residential) 16 sq. ft. n/a 1—2 No 14.06.075
Window (nonresidential) 24 sq. ft. n/a 1—2 Yes 14.06.075

 

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.001. - Title.

This chapter shall be commonly cited as the sign ordinance.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.002. - Purpose.

This chapter provides standards for the erection, repair, maintenance and removal of signs within the city and its extraterritorial jurisdiction. All signs not exempted as provided in this article shall conform to these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public, and to achieve the following:

(1)

Safety. To promote the safety of persons and property by providing that signs do not:

(A)

Create a hazard due to collapse, fire, decay or abandonment;

(B)

Obstruct firefighting effort, EMS response, or police surveillance;

(C)

Create traffic hazards by confusing or distracting pedestrians, obstacles or other vehicles or to read traffic signs; or

(D)

Become obstacles that hinder the ability of pedestrians or motorists to read traffic signs.

(2)

Communications efficiency. To promote the efficient transfer of information in sign messages provided that:

(A)

Those signs providing public safety messages are given priority;

(B)

Businesses and services may identify themselves;

(C)

Customers and other persons may locate a business or services;

(D)

No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way for communication purposes;

(E)

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 such messages, according to the observer's purpose; and

(F)

Preserve the right of free speech exercised through the reasonable and safe use of signs.

(3)

Landscape quality and preservation. To protect the public welfare and maintain the appearance and economic value of the landscape, 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 for transportation;

(C)

Do not create a nuisance to occupants of adjacent or nearby property due to brightness, size, height, or movement;

(D)

Are not detrimental to land or property values;

(E)

Do not contribute to visual blight or clutter; and

(F)

Are architecturally compatible and harmonious with the structure to which they pertain and to neighboring structures.

(4)

Balance. The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of signs that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of signs that are:

(A)

Compatible with their surroundings;

(B)

Appropriate to the activity that displays them;

(C)

Expressive of the identity of individual activities and the community as a whole; and

(D)

Legible in the circumstances in which they are seen.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.003. - Scope.

This chapter applies to all property within the incorporated municipal boundaries (i.e., city limits) and the extraterritorial jurisdiction (ETJ) as they exist at the time this chapter is adopted and as may be modified in the future.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.004. - Exemptions.

The following signs are exempt from regulation under this chapter:

(1)

Any sign wholly within the confines of a building, and oriented so as to be out of view from outside the building.

(2)

Commemorative plaques and historical markers, flags mounted on the face of a building or erected on a site as a freestanding monument, when placed by a governmental entity, or historical society to commemorate a person, event or other matter of historical interest.

(3)

Any sign erected or required to be erected by any governmental entity or public utility to convey legally-mandated information, directions, or warnings to the general public, regardless of the sign's location on public or private property. This exemption does not encompass signs conveying general information, which must comply with this chapter.

(4)

Signs required by law.

(5)

A political sign that is carried by a person or is a bumper sticker on a vehicle.

(6)

Window signs, residential.

(7)

Car dealerships.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.005. - Definitions.

(a)

Rules of interpretation. Words and phrases used in this chapter shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in this chapter, shall be given the meanings set forth in the chapter. Words and phrases not defined in this chapter shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The words "shall" and "must" are always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only. Signs that fit more than one definition under this chapter shall be regulated under the definition with the more restrictive provisions.

(b)

General terminology.

Applicant. The person or entity requesting sign permit approval(s) from the city. Typically, to obtain status of an applicant, the person must be the property owner, tenant, or an authorized agent of the property owner or tenant. The city may require documentation of a person's authority to act as an applicant before processing a request.

Board of adjustment (BOA). The body appointed by the city council to make special exceptions to zoning, building code, and sign ordinances. Typically the city council acts as the board of adjustment.

Building. Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel.

City. The City of Alice, an incorporated municipality located in Jim Wells County, Texas.

City council. The governing body (i.e., city council) of the city.

City limits. The incorporated municipal boundary of the city.

Day. A calendar day.

AISD. The Alice Independent School District.

ETJ. The extraterritorial jurisdiction of the city, which is the unincorporated area contiguous to and surrounding the city that is established by law, particularly chapter 42, Texas Local Government Code, as being the area in which the city may exercise certain authority, including sign regulation, in order to promote and protect the general health, safety, and welfare of persons residing in and adjacent to the city, the size of which is determined by the number of inhabitants residing in the city.

Install, installation. The process of creating, placing, and using a sign or sign structure. This term includes construction, erection, painting, attaching, or otherwise creating and displaying a sign or sign structure. The term also includes repairing, replacing, relocating or altering a sign or a portion thereof, such as a sign structure. The term does not include normal maintenance and cleaning.

Natural colors (earth tones). Colors that are muted and flat in an emulation of the natural colors found in dirt, moss, trees and rocks, including browns, tans, grays, greens, oranges, whites, blues and some reds.

P&Z. The planning and zoning commission for the city.

Permittee. A person receiving a permit from the city pursuant to the provisions of this chapter.

Person. Any human individual, firm, partnership, association, corporation, company or organization of any kind, and its agents, representatives, or employees. For purposes of determining liability for actions taken in violation of this chapter, the term person shall include the owner, lessor, lessee, and tenant of the property upon which the sign is located.

Right-of-way. The area on, below, or above a public road, highway, street, public sidewalk, alley, waterway, or utility easement in which a governmental entity has an interest.

Sign. A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform. The term sign includes banners, pennants, streamers, moving mechanisms, three-dimensional objects/representations, billboards, logos, and lights.

Sign administrator. The officer appointed by the city council with the authority to enforce this chapter. In the absence of further action by the city council, the city clerk shall serve as the sign administrator. The term also includes any person designated to act on behalf of the sign administrator.

Structure. A building, fence, wall, or other combination of materials permanently affixed to the ground.

(c)

Sign terminology.

Architectural detail. Any projection, relief, cornice, column, change of building material, window, or door opening on any building.

Architectural, historic, or scenic area. An area that contains unique architectural, historic, or scenic characteristics that require special regulations to ensure that signs displayed within the area enhance its visual character and are compatible with the area.

Athletic sponsorship signs. Signs on field fences, at swimming facilities and scoreboards that are leased by AISD and Alice Youth Sports Associations. Other signs of support related to athletic events, such as those put up by booster clubs, are special event signs as defined by this chapter.

Awning. A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use. This term does not include canopies.

Balloon signs. Any inflatable, three-dimensional sign, with or without letters, symbols, or numbers, that is either expanded to its full dimensions or supported by gases contained within the sign at a pressure greater than atmospheric pressure.

Banner. A sign composed of a lightweight material (such as cloth, canvass, or vinyl), that is not permanently affixed to a rigid frame constructed of wood or metal.

Billboard. A sign that is freestanding, attached to, or part of a building, and is an off-premises sign that is designed for a change in copy, so that the characters, letters or illustrations can be changed or rearranged within a fixed sign face which advertises a business, organization, event, person, place or thing.

Business. The physical location, or storefront, of an enterprise engaged in by an entity, partnership, or sole proprietor. In the context of multiunit complexes, each tenant is a separate business. For an enterprise with multiple locations within the city limits, for the purposes of this chapter, each location is treated as a separate business.

Canopy. A structure at the entrance to a building made of cloth, metal, or other material with frames affixed to a building and carried by a frame that is supported by the ground. This definition also includes a fuel station canopy, which is a framed structure used to shield fuel pumps from the rain and/or sun. This definition does not include awnings.

Changeable copy sign. A sign on which message copy is changed manually through the utilization of changeable letters, numbers, symbols, and other similar characters or pictorial panels.

Community service sign. A sign that solicits support for or advertises a nonprofit organization, public service organization, or social institution. Such signs may include, but shall not be limited to, holidays, school activities, charitable programs, religious activities, sports boosters, or events of community interest. Such signs shall be placed only by: units of local, state, or federal governments; registered nonprofit organizations; schools; the chamber of commerce; or religious organizations.

Construction/development sign. A sign placed on a piece of property advertising planned constriction and providing related information, including but not limited to the name of the contractor, the name of the owner, the planned date of completion, and information indicating the future use or occupation of the site (e.g., "Future home of...").

Copy. The text, symbols, letters, or numbers used to form the informational portion of a sign.

Corner lot. A nonresidential property that has frontage on two streets (regardless of whether the streets intersect). Frontage on a shared access driveway is not considered street frontage for purposes of determining whether a property is included under this term.

Direct illumination. Light sources that make up the text, symbols, letters, or number used to form the informational portion of a sign, including but not limited to: light emitting diodes (LEDs), neon tubes, krypton tubes, argon tubes, and light bulbs.

Directional sign. A sign used to direct or prohibit pedestrian or on-site vehicle traffic on a parking lot, driveway, or private street toward an entrance, exit, parking, or drop-off location. This definition includes signs directing traffic to drive-thru service lanes. This term does not include a Traffic Control Sign.

Directory sign. A type of monument sign that serves as a directory of individual occupants/tenants in a multiunit complex.

Electrical sign. Any sign for which the text, letters, numbers, pictures, or symbols forming the informational portion of the sign consists of flashing, intermittent, or moving lights, including any LED screen or any other type of video display. This definition does not include signs that have internal or indirect illumination that is kept stationary or constant in intensity and color at all times when such sign is in use. This definition excludes open/closed signs and any sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Texas Manual on Uniform Traffic-Control Devices (TMUTCD).

Feather banner. A sign that is constructed of lightweight material (such as cloth, canvas, or vinyl) affixed to a pole or building which is similar to a flag, except that it is longer than it is wide. A feather banner resembles a feather, in that it is tall and narrow, having more surface area vertically than horizontally when fully extended.

Flag. A piece of cloth, usually rectangular, used as the symbol, standard, or emblem of a nation, state, or organization, that is typically flown from a pole.

Flag, government. An official flag of the United States of America, the state, or a political subdivision located in the city limits or ETJ, branches of the United States Armed Services, or an accredited institution of higher education.

Flag, nongovernmental. Flags identifying an association, corporation, or other business entity, that incorporates a name, logo and/or trademark. Specifically excluded from this definition are flags that are purely decorative, or have a noncommercial message.

Frontage. The width of the perimeter of a piece of property measured along the public street right-of-way.

Governmental entity. A political subdivision or agency of the United States of America or the state. The term specifically includes, but is not limited to, the city, the county, and AISD.

Handheld sign. Any sign, banner, flag, poster, or outfit held, carried, or worn by a person. This term specifically includes outfits (e.g. chicken suit, clown suit, etc.) for the purpose of drawing attention to a business, but specifically excludes logos, slogans, or trademarks on clothing that is worn in the ordinary course of business.

Hanging sign. A sign that is affixed to the underside of a roof, canopy, awning, or porch.

Height.

(1)

Except as applied to a monument sign, height refers to the vertical distance between the highest attached component of the sign or of its supporting structure (whichever is higher) and the lowest attached component of the sign or of its supporting structure (whichever is lower).

(2)

As applied to a monument sign, height refers to the vertical distance between the highest attached component of the sign or of its supporting structure (whichever is higher) and the natural grade of the ground at the point where the sign is located.

(3)

If a monument sign sits on property that is adjacent to a public right-of-way, and the natural grade of the property is lower than the average grade of the public right-of-way, the responsible party may raise the grade of the property on which the sign is located up to four feet, in accordance with zoning and all other ordinances, and height will be measured from the highest attached component of the sign or of its supporting structure (whichever is higher) and the increased grade. The responsible party may only increase the grade an amount equal to the difference between the average grade of the right-of-way and the natural grade of the property on which the sign is located.

Historic district. The business and residential area designated by the historic district ordinance.

Home occupation sign. A sign placed on a residence that is used to identify a business or enterprise that is conducted out of that residence.

Illumination or lighting. A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the sign.

Indirect illumination. A light source not seen directly. The term includes a source of illumination, which is not a part of the sign or the sign structure that provides light for the sole purpose of making the sign visible when natural light is not sufficient.

Internal illumination. A light source that is concealed or contained within the sign and becomes visible in darkness through the sign's translucent surface. This definition includes reverse channel letters with a light source that creates a "halo" effect.

Menu boards. A sign adjacent to a drive-through lane displaying the product choices and prices available for purchase at that location.

Mobile concession stand. A readily-moveable structure utilized by mobile food vendors, which is mounted on wheels, self-propelled, towed, or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary eating establishment.

Mobile service provider sign. A sign announcing the services offered and operating hours of a vendor who frequently travels to varied locations within the city limits or ETJ to provide services on-site temporarily without establishing an actual place of business. Examples of a mobile service provider may include (but are not necessarily limited to) massage therapists, automobile windshield repairers, farmers and gardeners.

Monument sign. A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or part of a building.

Multiunit complex. A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached. This term also includes multiunit residential complexes, including apartment complexes, garden homes, and retirement communities as defined by the zoning ordinance.

Noncompliant sign. A sign that is placed, constructed, installed, and/or used in violation of this chapter, and which was not in place before the provisions of this chapter went into effect. This term also refers to a sign that does not comply with this chapter.

Nonconforming sign. A sign that was lawfully installed prior to the adoption of this chapter, and was in compliance with all of the provisions of this chapter then in effect, but which does not presently comply with this chapter.

Nonconforming sign with variance. A sign that was lawfully installed prior to the adoption of this chapter, and was in compliance with all of the provisions of this chapter then in effect, but which does not presently comply with this chapter but for the fact a variance was issued for the sign.

Occupants. Proprietors or tenants using or occupying a building or parcel of land to which a sign or proposed sign refers.

Off-premises sign. Any sign that advertises a business, person, activity, goods, products, or services not located on the property where the sign is installed, or that directs persons to a location other than the property where the sign is located.

Peak. The highest point on a roof or the highest point on another architectural element.

Pole sign. A sign that is permanently supported in a fixed location by a structure of poles, posts, stake, uprights, or braces from the ground and not supported by a building, fence, vehicle, base structure, or other support.

Political sign. A sign upon which the content is primarily related to notice of or advocacy for an election of a person to public office, a political party, a primary election, a proposition to be voted upon at an election called by a public body.

Portable sign. A sign not permanently attached to the ground or a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to: signs affixed to trailers, mannequins, or signs on metal stands with skids or wheels.

Projecting sign. A sign attached to and projecting from the wall of a building, or fence, and not on the same plane as the wall or fence (i.e., the sign has depth because it is not flush with surface). This includes but is not limited to channel letter signs, flexface signs secured to a return, plaques, shingles and adhesive signs/lettering.

Property. A tract of land including its buildings or other appurtenances. With respect to a tenant in a multiunit complex, the term property refers only to the leased space.

Real estate sign. A temporary sign erected by the owner of the real property on which the sign is located, or his agents, advertising the property for lease or sale.

Responsible party.

(1)

The owner/operator of the business being identified on the sign;

(2)

The owner of the property upon which the sign or sign structure is located;

(3)

The owner of the sign or sign structure;

(4)

The person who installs a sign or sign structure, or contracts with a third party to accomplish the installation; and/or

(5)

The person who retrieves a sign from the impound.

Roof sign. A sign that is displayed above the eaves and under the peak of a building. This term includes a sign painted, erected, constructed, or maintained on the roof of a building.

Sidewalk sign: An A-framed, hinged, folding sign that is freestanding and portable—not affixed to a base or pole structure. A sidewalk sign can be in the form of a board on an easel.

Sign structure. The supports, mounts, poles, braces, or base with or without a sign thereon, situated upon or attached to the property, upon which any sign is or is intended to be installed. This definition does not include a building, fence, wall, or earthen berm.

Signable area. An area of one side a sign:

(1)

Enclosed by a polygon; or

(2)

Within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures.

Because projecting signs and awnings have flat surfaces, it is not necessary to select an area free of architectural detail when measuring signable area. Signable area for wall signs are free of architectural details on the facade of a building or part of a building, which shall include the entire area:

(1)

Enclosed by a polygon; or

(2)

Within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures.

Except for balloon signs, directory signs, and monument signs, the definition of signable area is applicable when referring to limitations on the area of a sign in this chapter. When referring to area limitations of balloon signs, area and signable area refers to a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of the balloon sign. When referring to area limitations of monument signs, area and signable area refers to an area within a continuous perimeter that includes the sign structure as well as the lettering, illustrations, ornamentations, or other figures, but does not include masonry base.

Special event sign. Signs for specific occasions with a predetermined date, duration, and end point. Examples include but are not limited to: sale, clearance, athletic events, garage sale, yard sale, open house, and farmers' market signs. This term also includes events hosted by community civic organizations. A special event sign in a window is regulated as a window sign.

Town center district. The central business district designated by this chapter.

Traffic control sign. A sign that complies with the Texas Transportation Commission's approved Texas Manual on Uniform Traffic Control Devices. The term includes what may also be commonly referred to as traffic signs and/or traffic control devices.

Vehicular sign. A sign painted on or attached to a motor vehicle, or on a trailer. This definition includes, but is not limited to, billboard trucks, billboard trailers, vehicle wraps, and vehicles with logos or other information related to the identification of a business or its products or services. This definition does not include bumper stickers, legally required vehicular inspection or registration information, or information identifying of the make and model of the vehicle.

Vending machine sign. Any sign integrated into or placed on a coin, cash, credit card or debit card operated self-service machine that dispenses such goods or services as propane cages, ice, DVDs, or cash automated teller machines (ATMs).

Wall sign. A sign painted on, or otherwise made an integral part of a wall. Typically a wall sign is on the same plane as the wall (i.e. flush with the wall surface). The term does not include a sign that can be removed from the wall and remain substantially intact (e.g., banners or projecting signs as they are defined in this chapter).

Warning sign. Signs whose purpose is to limit permissible uses of private property, including but not limited to signs prohibiting trespassing, hunting, fishing, or loitering.

Window sign. Signs that are painted on, etched in, or visible through a window or transparent door of a building that are oriented in a manner establishing an intent to be viewed off-premises or from public roads. This term excludes:

(1)

Small business related signs as described in section 14.02.001(2)(L);

(2)

Signs displayed inside of buildings primarily for patrons on the premises; and

(3)

Decorative window painting.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.006. - Noncompliant signs prohibited.

It is an offense for a person to install, maintain, repair, alter, or relocate a sign within the city limits or ETJ, except in accordance with the provisions of this chapter. It is an offense for a person in the city or its ETJ to have any sign located on the person's property in violation of this chapter.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.007. - Address signs.

Address signs must be visible from an adjacent right-of-way for the primary structure on each piece of property, including residential and nonresidential property. The letters, numbers, and symbols that make up these signs must be six inches in height.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.008. - Dilapidated signs.

It is an offense for a responsible party to fail to maintain signs and sign structures in a good and sound condition as determined by the building official in accordance with the International Building Code. Responsible parties must repair or replace signs and sign structures that are rotting, pealing, rusting, fading, becoming discolored, covered in dirt, or filled with holes. Responsible parties shall not allow signs or sign structures to become dangerous, within the meaning of the International Building Code, as a result of inadequate design, construction, repair, or maintenance. The city can seek to compel immediate removal of signs that are in such a state of disrepair as to constitute an imminent threat to public health, safety and welfare.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.009. - Discontinued signs.

It is an offense for a responsible party to fail to remove any sign that advertises a business or project that has ceased operations in excess of one year, unless the property is leased, in which case the sign shall be removed after two years. The responsible party shall remove any sign and/or sign structure that has not been used for advertising or promoting a going concern for at least one year. For the purposes of this section, a business or project has ceased to operate when it is no longer engaged in the sale of products or services in the normal course of business.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.010. - Obstruction of ingress or egress; attachment to standpipe or fire escape.

It is an offense for a responsible party to install a sign in a manner that prevents 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.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.011. - Traffic hazards.

It is an offense for a responsible party to install a sign in a manner that

(1)

Obstructs free and clear vision at any street intersection.

(2)

Interferes with, obstructs the view of, or is confused with any authorized traffic sign, signal or device because of its position, shape or color.

(3)

Uses illumination resembling an emergency signal.

(4)

Causes a recurring traffic slow down, whether because of its positioning, content, visual impact, or a combination of these or other factors.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.012. - Signs on right-of-way.

(a)

It is an offense for a responsible party to install a sign on the right-of-way of a street or highway maintained by the city unless explicitly authorized by this chapter.

(b)

Signs installed in violation of this chapter are hereby declared a public nuisance, and may be removed and disposed of by the city without notice and without compensation to the sign owner.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.013. - Interference with utility or drainage easement.

It is an offense for a responsible party to install a sign in a manner that inhibits access to or interferes with a utilities or drainage easement.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.014. - Signs on trash receptacles.

It is an offense for a responsible party to install a sign on trash receptacles except for signs that are required by law, provide direction on the trash receptacle's use, provide safety instructions, or are otherwise customarily found on trash receptacles as a means of identifying the trash collection company.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.015. - Signs on trees.

It is an offense for a responsible party to install a sign on any trees.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.016. - Signs on utility poles.

It is an offense for a responsible party to install a sign on utility poles except for signs that are required by law, provide safety instructions, or are otherwise customarily found on utility poles.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.017. - Reflective surfaces.

It is an offense for a responsible party to install a sign with reflective surfaces, except for traffic control signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.01.018. - Compliance with building and electrical codes.

Signs and sign structures will be installed, repaired, replaced, and maintained in compliance with all applicable building and electrical codes adopted by the city.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.001. - Allowable signs; signs requiring permit.

The signs listed in this section are permissible within the city limits and the ETJ, in accordance with all applicable requirements of this chapter.

(1)

Permit required. The following signs require a permit:

(A)

Awning signs.

(B)

Banners—nonresidential property, not including property owned/leased by AISD.

(C)

Canopy signs.

(D)

Changeable copy signs that are nonconforming uses proposed to be altered.

(E)

Community service signs.

(F)

Concession trailers.

(G)

Construction/development signs over six square feet.

(H)

Directory signs.

(I)

Directional signs.

(J)

Hanging signs.

(K)

Menu boards.

(L)

Mobile service provider signs.

(M)

Monument signs—Multiunit.

(N)

Monument signs—Single.

(O)

Monument signs—Subdivision.

(P)

Nongovernmental flags.

(Q)

Private traffic-control signs.

(R)

Projecting signs.

(S)

Real estate signs over six square feet.

(T)

Special event signs.

(U)

Wall signs.

(V)

Window signs (non-residential).

(W)

Sidewalk signs.

(2)

Permit not required. The following signs do not require a permit:

(A)

Address signs.

(B)

Athletic event and sponsorship signs.

(C)

Banners on AISD property.

(D)

Construction/development signs under six square feet.

(E)

Governmental flags.

(F)

Political signs.

(G)

Private street, road name, and residence signs.

(H)

Real estate signs under six square feet.

(I)

Signs without a commercial message serving as seasonal decorations to include temporary decorations that are clearly incidental to and are customarily and commonly associated with a national, local, or religious holiday or celebration.

(J)

Signs or notices issued by any court or governmental entity.

(K)

Small, business related signs on or visible through doors or windows indicating: store hours, security systems, trade organization memberships, credit cards accepted, no solicitation, and open/closed. These signs will not count towards the cumulative signable area limits of this article so long as their total cumulative signable area does not exceed five square feet.

(L)

Traffic control signs.

(M)

Vehicle signs.

(N)

Vending machine signs.

(O)

Warning signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.002. - Application.

Prior to installing a sign requiring a permit or a nonconforming sign, a person must obtain a permit from the city. The permit application must be accompanied by the fee, the illustration, the master sign plan (if applicable), and must contain the following:

(1)

Name, address, and telephone number of the owner of the sign;

(2)

Name, address, and telephone number of occupant sponsoring the sign;

(3)

Name, address, and telephone number of the contractor, if any, installing the sign;

(4)

Name, address, and telephone number of the property where the sign is to be installed;

(5)

Date on which it is to be installed;

(6)

Zoning district in which the proposed sign will be located; and

(7)

Any variance that will be requested or has been approved.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.003. - Filing of illustration.

An applicant proposing to install a sign shall file with the city an illustration to scale that shows:

(1)

All existing signs displayed on the property;

(2)

The location, height, and size of any proposed signs;

(3)

The items of information proposed to be displayed;

(4)

The percentage of the signable area covered by the proposed signs;

(5)

Specifications for the construction or display of the sign, including the materials to be used in the construction of the sign or sign structure; and

(6)

Specifications for any internal or indirect illumination of the sign.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.004. - Review of illustrations; inspection after construction.

(a)

Illustration inspection. At the discretion of the sign administrator, each applicant may be required to submit the illustrations listed above to the city's building inspector for approval before a permit may issue. The sign administrator may require the submission of illustrations pursuant to this section when the size, materials, or electrical components of the sign and/or sign structure warrant review by the city's building inspector. Refusal to submit illustrations when requested pursuant to this subsection is grounds for denial of a sign permit.

(b)

Follow-up inspection. Each applicant required by the above subsection to submit illustrations for review by the city's building inspector may be required by the sign administrator to submit to a physical inspection of the sign and/or sign structure after the completion of the construction phase. Refusal to allow access for an on-site inspection constitutes a violation of this chapter.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.005. - Granting or denial.

The sign administrator shall promptly review the application upon the receipt of a complete permit application and upon payment of the permit fee by the applicant. The sign administrator shall grant or deny the permit application within 20 days from the date the complete application, including all required documentation and permit fee, was filed with the sign administrator. Failure to act within 20 days constitutes a denial of the application.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.006. - Standards for approval.

The sign administrator shall approve a permit for the sign if it complies with the building, electrical or other adopted codes of the city, and with:

(1)

The regulations for signs contained in this chapter;

(2)

Any variance that has been granted from these regulations;

(3)

Any special regulations that have been adopted for a type of sign or for signs located in a district established under this chapter; and

(4)

The master plan for signs, with regards to a multiunit property or in a planned development district (PDD), which has been approved under this chapter.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.007. - Denial.

If the sign administrator does not approve a permit for the sign, the sign administrator shall state the reasons for the denial in writing, and shall mail a certified copy of the reasons for denial to the address of the applicant stated on the application.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.008. - Appeals.

Any applicant who is denied a permit for the display of a sign may file a written appeal to P&Z within ten days after receipt of the written copy of the denial provided by the sign administrator by certified mail. P&Z shall review the written appeal and make a recommendation to the board of adjustment. An appeal stays all proceedings in furtherance of the action unless the sign administrator determines in writing that a stay would cause imminent peril to life or property. The board of adjustment can uphold, modify, or reject the recommendations of the sign administrator and P&Z.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.009. - Expiration.

(a)

Commencement. The approval of a sign permit shall be effective for a period of six months. If the authorized sign work has not commenced within six months of the date the permit was issued, the permit shall be deemed to have automatically expired and shall become null and void, requiring the submittal of a new sign permit application.

(b)

Completion. If the authorized sign work is not fully completed within nine months of the date the permit was issued, the permit shall be deemed to have expired and shall become null and void.

(c)

Extension. Prior to expiration of a sign permit, the applicant may request an extension in writing. The sign administrator may grant an extension under the following circumstances:

(1)

The applicant has adequately demonstrated weather delays; or

(2)

The applicant adequately demonstrated delays due to market situations beyond the applicant's control.

Two extensions of three months each in length may be granted.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.02.010. - Fees.

The fees for permit applications and extensions shall be in conformance with the fee schedule and the same as building permits or as may be amended.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.03.001. - Procedure.

(a)

A responsible party that wants a variance from this chapter must file a request for variance with the sign administrator along with a variance fee, as stated in the city's most recent fee schedule. The sign administrator will indicate what documentation the responsible party must provide in support of the request.

(b)

Once the necessary documentation has been provided to the sign administrator, P&Z will review the request and make a determination based on the documentation provided by the responsible party as well as any opinions of the sign administrator.

(c)

If either the sign administrator or the responsible party disagrees with a decision by P&Z to deny a variance request, they can submit a written request that the city council review the request, the supporting documents, and P&Z's decision. The city council can affirm, reverse, or modify the decision of P&Z. If the city council takes no action within 30 days of the city's receipt of the written request for review, P&Z's decision is affirmed.

(d)

The city council has final authority to approve a variance.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.001. - Generally.

In addition to signs within the definition of nonconforming signs found in section 14.01.005 of this chapter, any sign lawfully existing in an unincorporated area prior to annexation by the city, but which does not conform with the provisions of this chapter upon annexation, is hereby deemed to be a nonconforming sign.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.002. - Modification.

(a)

A nonconforming sign or sign structure shall be brought into conformity with this chapter if more than 50 percent of the nonconforming sign or sign structure is modified, meaning blown down, destroyed, dismantled, reconstructed, or replaced for any purpose other than maintenance operations or changing letters or symbols. A nonconforming sign or sign structure shall be brought into conformity with this chapter if the sign or sign structure is relocated. A change in copy on a changeable copy sign is not a modification for purposes of this subsection.

(b)

Modification of a nonconforming sign solely in the form of changes to the sign area to identify new occupants of the premises can be approved by a waiver issued by the sign administrator. In determining whether to grant a waiver to a specific applicant, the sign administrator shall evaluate the safety and design specifications in light of the general criteria and purposes of this chapter. The city will not impose a permit fee or waiver fee for approvals sought under this subsection.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.003. - Removal or replacement.

(a)

Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign is required when a nonconforming sign, or a substantial part of a nonconforming sign, is blown down, destroyed, or for any reason or by any means taken down, altered, or removed.

(1)

As used in this subsection, "substantial" means 50 percent or more of the entire sign structure.

(2)

As used in this subsection, the term "substantial" also applies if the cost of reconstruction or replacement of the sign, sign structure, or building exceeds 50 percent of the value of the sign, sign structure, or building prior to the event that necessitated its reconstruction or replacement.

(3)

Nothing contained in this section is intended to prevent the routine repair and maintenance of a nonconforming sign.

(b)

Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign is required when the condition of the nonconforming sign or nonconforming sign structure has deteriorated or has been damaged and the cost of restoration of the sign to its condition immediately prior to such deterioration exceeds 50 percent of the value of the sign or sign structure prior to its deterioration.

(c)

Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, in accordance with this section, must be completed within 60 days of the occurrence in which the nonconforming sign, or a substantial part thereof, was blown down, destroyed, or for any reason or by any means taken down, altered, or removed.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.004. - Permits for other signs on same property.

Before any permit may be issued for a new sign under this chapter, the responsible party shall modify or remove any of its own nonconforming signs and sign structures displayed or erected on the same property for which the permit is being sought, so that all the signs and sign structures they are responsible for on the property conform to the provisions of this chapter. This provision does not apply to special event signs, banners and sidewalk signs. This provision does not apply to nonconforming signs with a variance.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.005. - Building additions or exterior remodeling.

Any building addition that increases the gross floor area of a property by 50 percent or more, or any exterior structural remodeling of a building facade of 50 percent or more on which a nonconforming sign is located, shall require all nonconforming signs and sign structures on the property to be brought into conformity with the provisions of this chapter.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.006. - Exceptions for spacing of monument signs.

No sign that is nonconforming solely because it violates a requirement for the spacing of monument signs shall be required to eliminate that nonconformity if compliance with the spacing regulation on the property is not practicable.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.007. - Off-premises signs.

(a)

Timeliness. No permit for alteration or relocation may be issued for an off-premises sign that was not timely inventoried and reported to the city prior to August 14, 2014.

(b)

Alteration. An off-premises sign may not be altered with regard to amount of surface area, shape, orientation, height, illumination, or location without the prior issuance of a sign alteration or relocation permit. Ordinary and routine necessary repairs that do not change the size, shape, orientation, height, illumination, or location of an inventoried off-premises sign do not require an alteration permit. A sign alteration permit expires if the approved modifications are not completed within 90 days of permit issuance.

(c)

Maintenance. If the sign administrator finds that any off-premises sign on the authorized list is not maintained in good repair, the sign administrator will notify and order the owner to repair the sign within 30 calendar days. If the sign administrator finds that the sign structure or sign area of an off-premises sign has deteriorated more than 50 percent of its replacement value, or is not repaired within 30 calendar days, the sign administrator shall notify the owner of the off-premises sign and the owner of the real property on which the off-premises sign is located to remove the off-premises sign or poster panel from the property within a specified time. Replacement of more than 50 percent of an off-premises sign during one calendar year shall void the legal nonconforming status of the sign and require immediate removal or conformance with current standards. All off-premises signs ordered to be removed shall be stricken from the authorized list.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.04.008. - Incentives for compliance.

(a)

Variance incentive. When considering granting a requested variance under this chapter or any other chapter, the city may take into consideration an applicant's commitment to bring pre-existing nonconforming signs into compliance with this chapter, and/or remove pre-existing nonconforming signs.

(b)

Permit incentive. If a responsible party voluntarily elects to bring a pre-existing nonconforming sign into compliance with this chapter, the sign administrator may waive the application fee for any required sign permits related to the specific property.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.05.001. - Generally.

(a)

It is an offense for a person to install any of the following:

(1)

Banners on residential property.

(2)

Billboards.

(3)

Changeable copy signs (except for sidewalk signs or signs belonging to a Governmental entity).

(4)

Electrical signs.

(5)

Feather banners.

(6)

Home occupation signs.

(7)

Off-premises signs.

(8)

Pennants.

(9)

Pole signs, except as provided by section 14.05.002(f).

(10)

Portable signs (except for sidewalk signs).

(11)

Roof signs. This prohibition includes signs that are otherwise allowed by this chapter but are placed on roofs.

(12)

Signs that move or have moving parts.

(13)

Balloon signs.

(b)

Variances—Restricted areas. Regulations may be varied, with approval. All variance applications relating to "signs" are restricted to the following streets/roadways: Highway 44/Front Street; Highway 281; Commerce Road and Industrial Boulevard; Flournoy Road; Energy Avenue; Fesco Avenue; Airport Road; Product Avenue Fortune Avenue; and Harkins Avenue. Upon the showing that unusual circumstances exist, or that a need for a variance exists, or some variance from the requirements set forth in section 14.05.001 should be made, where such variances will not be contrary to the public interest and that literal enforcement of the provisions of this ordinance will result in unnecessary hardship, said regulations may be varied because of unusual circumstance by approval of the city manager or city engineer. Any person, firm or corporation requesting that the regulations in section 14.05.001 be varied because of unusual circumstance shall file a written request therefor with the city manager or city engineer setting forth the circumstances to show that literal enforcement of the provisions of this ordinance will result in unnecessary hardship. The city manager or city engineer shall either approve or deny in writing a request for a variance of the provisions of this ordinance within a reasonable time, but in no event shall the city manager or city engineer withhold his decision for more than 30 days. Any person aggrieved by the decision of the city manager or city engineer under the provisions hereof shall have the right to appeal to the board of adjustment upon giving written notice to the board of adjustment within five days after the refusal of the submitted application.

(Ord. No. 1981, § 2, 8-14-2014; Ord. no. 1997, § 1, 10-23-2014)

Sec. 14.05.002. - Exceptions.

(a)

Changeable copy exception. The changeable copy sign prohibition does not apply to the following:

(1)

Governmental buildings.

(2)

Gas stations, however this exception is limited to gas prices.

(3)

Scoreboards for athletic fields owned, leased, and/or operated by the city, AISD, or an athletic-oriented nonprofit corporation.

(4)

Sidewalk signs.

(b)

Monument sign requirement. Signs permitted under subsections (a)(1) and (2) above must be in the form of monument signs.

(c)

Electrical sign exception. Scoreboards for athletic fields owned, leased, and/or operated by the city, AISD, or an athletic association are excepted from the electrical sign prohibition. Scoreboards may only be powered when in use for a game, match, or event, and must be shut off at all other times. The power to the scoreboard may be on during the game, match, or event for one hour and a half before and for one hour after the conclusion of the game, match, or event.

(d)

Off-premises sign exception. Community service signs, directional signs related to religious or civic institutions, political signs, signs related to garage sales, yard sale signs, open house signs, farmers' market signs, and athletic sponsorship signs are specifically excepted from the off-premises prohibition. A responsible party that has moved from a property within the city is allowed to install on that property, for no longer than 60 days, a sign advertising that the responsible party has moved and providing the new location. Such a sign shall be governed in accordance with the rules applicable to special event signs.

(e)

Feather banners and utility poles exception. It is an exception to the prohibition against signs on utility poles in section 14.01.016 and the prohibitions against banners and feather banners, if a subdivision places banners or feather banners on light poles that are located on privately owned streets and are not visible from a publicly owned right-of-way.

(f)

Pole sign exceptions.

(1)

The following signs are exempt from the pole sign prohibition if the sign otherwise complies with the specific standards for the type of sign as provided in this chapter:

(A)

Real estate signs.

(B)

Athletic sponsorships signs.

(C)

Flags for holidays.

(D)

Construction development signs.

(E)

Directional signs

(F)

Special event signs.

(G)

Political signs.

(2)

Traffic control signs manufactured and installed in compliance with the Texas Transportation Commission's approved Texas Manual on Uniform Traffic Control Devices are exempt from the pole sign prohibition.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.07.001. - Cumulative sign limitations.

In addition to limits on the number of each type of sign permitted per property, with exception of properties in the historic district, the following provisions shall apply to all other properties within the city.

(1)

Single unit property.

(A)

The cumulative total signable area for a single unit property may not exceed the amounts set in this subsection. The cumulative total signable area for each property is determined by adding the signable area (as defined above) for each sign on the property.

(B)

The cumulative total signable area for a single property may not exceed 32 square feet in a residential area.

(C)

The cumulative total signable area for a single property in a nonresidential area may not exceed 96 square feet, unless the property is a corner lot.

(D)

The cumulative total signable area for a corner lot in a nonresidential area may not exceed 128 square feet, provided that at least one-third of the cumulative total signable area is facing each right-of-way.

(2)

Multiunit property.

(A)

Multiunit properties in nonresidential areas are limited to the number of monument signs permitted in accordance with article 14.06 of this chapter.

(B)

In addition to monument signs on public rights-of-way, one directory sign is permitted per building in a multiunit complex.

(C)

In addition to the above, and in accordance with the master sign plan, each unit in the multiunit complex will be entitled to one additional sign.

(D)

A master sign plan shall be required for all multiunit complexes and/or planned unit developments before any signs for such development may be installed on the property. All owners, tenants, subtenants and purchasers of individual units within the development shall comply with the approved master sign plan. Heightened consideration by the city will be given to any sign variances for the property sought as part of the master sign plan.

(E)

Two projecting signs may be permitted if a business:

(i)

Is within a multiunit property;

(ii)

Takes up an entire building; and

(iii)

Is on a corner, or has two public entrances on different sides of the building in which it is located.

(F)

Notwithstanding other provisions of this chapter applying to banners, multiunit properties are limited to one-half the units displaying a barrier at the same time if those banners are visible from the public right-of-way. There is no limitation on the number of banners that may be displayed simultaneously at multiunit properties if the banners are internal to the property and not visible from the public right-of-way.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.001. - Complaints.

(a)

Complaints alleging violations of this chapter may be filed with the city by any person, including but not limited to city officials.

(b)

The sign administrator may, at the administrator's discretion, notify the responsible party informally.

(c)

Sworn complaints shall be filed with the municipal court.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.002. - Enforcement generally.

The city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance. In addition to other available relief, the city shall be entitled to issue a stop work order on the construction of noncompliant signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.003. - Criminal penalty.

(a)

Each violation of the following sections of this chapter constitutes a separate criminal offense, punishable by a fine not exceeding $500.00.

Section 14.01.006.

Section 14.01.008.

Section 14.01.009.

Section 14.01.010.

Section 14.01.011.

Section 14.01.012.

Section 14.01.013.

Section 14.01.014.

Section 14.01.015.

Section 14.01.016.

Section 14.01.017.

Section 14.01.019.

Section 14.02.002.

Section 14.02.003.

Section 14.02.004(b).

Section 14.04.003.

Section 14.04.004.

Section 14.04.005.

Section 14.05.001.

Section 14.06.001.

Section 14.06.003.

Section 14.06.005.

(b)

Each day that a responsible party violates a provision of this chapter by maintaining a sign contrary to this chapter shall constitute a separate offense. An offense under this chapter is a misdemeanor.

(c)

The culpable mental state required for conviction for a violation of this chapter shall be knowingly.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.004. - Civil remedies.

Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including, but not limited to the following:

(1)

Injunctive relief to prevent specific conduct that violates the chapter or to require specific conduct that is necessary for compliance with the chapter, including removal of signs that violate this chapter at the expense of the responsible party; and

(2)

A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of the chapter and after receiving notice committed acts in violation of the chapter or failed to take action necessary for compliance with the chapter; and other available relief.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.005. - Correction of violations.

Any sign violating this chapter must be removed or brought into compliance within 30 days of receipt of written notice from the city. If the responsible party fails to remove or alter the structure so as to comply with the standards set forth in this chapter within 30 days after such notice, the city may undertake such removal or alteration as is necessary to bring the structure into compliance and assess the costs to the responsible party. The city may cause any sign or other sign structure which presents an immediate peril to persons or property to be removed or altered immediately and without notice, and without compensation to the sign owner.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.006. - Impoundment of sign.

(a)

The sign administrator shall have the authority to remove all signs, without notice to the owners thereof, placed within any street or highway right-of-way; attached to trees, telephone and utility poles, other natural features; or banners that do not have the permit affixed as required by section 14.06.053(i).

(b)

The sign administrator shall have the authority to impound such confiscated signs for a period of five business days.

(c)

The owner of a sign impounded by the city may recover same upon payment of an impoundment fee for each sign, as established by the city council. Payment of the impoundment fee must be rendered to the city prior to the expiration of the five business day's impoundment period. Upon expiration of the impoundment period, the sign administrator shall have authority to dispose of such sign at the administrator's discretion.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.08.007. - Administrative guidance.

The city is authorized to promulgate one or more interpretive documents to aid in the administration of, and compliance with, this chapter. Such interpretive documents shall be educational only and shall not constitute regulations, amendments, or exceptions.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.09.001. - Liability.

The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person that erects or owns any sign, from personal injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful acts of such person in the design, construction, maintenance, repair or removal of any sign erected in accordance with a permit issued under the provisions of this chapter. Nor shall it be construed as imposing upon the city or its officers, employees or agents any responsibility or liability by reason of the approval of any signs, materials, or devices under these provisions.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.001. - Measurement of surface area.

Only one side of a double faced, V-shape, back to back, or other similar type of sign shall be measured to determine the surface area of a sign.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.002. - Setback from right-of-way.

All signs and supporting structures shall be required to be setback at a minimum of eight feet from the street right-of-way unless mounted on a fence. The sign administrator can grant an administrative variance (without the need for payment of a variance fee) that will allow temporary signs, which are signs with a time limit, to be placed on the property line abutting the street right-of-way. An administrative variance may only be granted if it can be shown to the sign administrator that the placement of the sign will not cause a safety hazard or interfere with lines of sight for pedestrian or vehicular traffic.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.003. - Compliance with building code.

All sign installation commenced in accordance with this chapter must be in compliance with the International Building Code, as may be adopted by the city council.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.051. - Athletic sponsorship signs.

(a)

The maximum area of a sign shall not exceed 32 square feet.

(b)

The maximum height for a sign shall not exceed the height of the fence, wall or scoreboard to which it is attached.

(c)

Athletic sponsorship signs shall only be located at sports fields and athletic facilities.

(d)

Athletic sponsorship signs for University Interscholastic League related events may be installed on fences, walls and scoreboards that are visible from public rights-of-way, except when such events are being held in city parks.

(e)

Athletic sponsorship signs shall only be located on ball field fences, bleachers, and/or scoreboards facing the playing area, and shall be erected by the city, nonprofit youth sports associations, or AISD.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.052. - Awning signs.

(a)

One-third of the area of an awning sign shall be counted toward the limit on the total area of wall signs on the wall to which the awning is attached.

(b)

Only one awning sign is permitted per property, unless the property is a corner lot in which case two awning signs are permitted.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.053. - Banners on nonresidential property.

(a)

Permits for banners can be issued either individually or on an annual basis. An annual permit authorizes placement of up to four banners a year.

(b)

Banners must be securely attached to a permanently installed building, fence, or wall and they must be kept in good repair throughout the time of their display. Pipes, poles, posts or other materials may not be used solely to erect banners.

(c)

A single banner may not be erected for more than 30 days in calendar year. This time limit does not apply to banners on AISD property that are related to officially recognized academic achievement.

(d)

The responsible party must remove a banner within no more than three days following any event to which they call attention.

(e)

Banners shall not be placed on any site more than four times within a calendar year.

(f)

The maximum surface area for banners on nonresidential property shall be 32 square feet. Banners do not count towards total cumulative signable area limits.

(g)

Barriers hung on nonresidential property shall not exceed 15 feet in height.

(h)

Only one banner at a time is permitted per nonresidential property.

(i)

The responsible party must affix the permit sticker to the back of the banner.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.055. - Canopy signs.

(a)

Only one canopy sign shall be permitted per entrance to each business in a single or multiunit complex.

(b)

No canopy sign shall extend beyond an edge of the canopy structure to which it is attached. Except at a street corner, no canopy sign shall be closer than five feet from the end of the longer side of the canopy structure.

(c)

No canopy sign shall extend more than two feet either above or below the horizontal underside of the canopy structure. No canopy sign shall be less than eight feet from the ground.

(d)

The area of a sign shall not exceed 24 square feet.

(e)

Fuel station canopy signs are exempt from the requirements of subsection (b) above.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.056. - Community service signs.

(a)

The area of a community service sign shall not exceed six square feet in a residential zoning district.

(b)

The area of a community service sign shall not exceed 32 square feet in a nonresidential zoning district.

(c)

The height of a community service sign shall not exceed six feet.

(d)

A community service sign that promotes any particular event shall not be installed more than 30 days prior to the event and shall be removed by the responsible party not more than three days after the event. The same or similar event shall not be advertised more frequently than four times a year.

(e)

The sign administrator has the authority to grant permission on the city's behalf, without need for city council approval, to place these signs on city property.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.057. - Construction/development signs.

(a)

The maximum area of a sign shall not exceed 32 square feet.

(b)

The maximum height for a sign shall not exceed six feet.

(c)

Construction/development signs may only be erected on the land being developed upon the commencement of construction/development and shall be removed when 80 percent of the construction/development is completed or 12 months after the sign is first installed, whichever comes first. The 12-month term can be extended pursuant to the variance procedure of this chapter.

(d)

If the construction/development sign is attached to stakes, posts, poles, uprights, or braces the height of the sign is measured from the average grade of the ground on which the sign is located.

(e)

Only one construction/development sign is permitted per property.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.058. - Directory signs for multiunit complexes.

(a)

The maximum height of a directory sign is three feet.

(b)

The maximum area of a directory sign is 15 square feet.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.060. - Hanging signs.

(a)

The maximum area of a hanging sign shall not exceed eight square feet.

(b)

The clearance from the ground to the bottom of any hanging sign must be at least seven feet.

(c)

Only one hanging sign is permitted per property unless the property is a corner lot, in which case two hanging signs are permitted.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.061. - Directional signs.

(a)

Each entrance to a property from a right-of-way and each exit from a property to a right-of-way may be appropriately designated as such.

(b)

The maximum area of each sign shall not exceed three square feet. Directional signs do not count towards total cumulative signable area limits.

(c)

The maximum height for each sign shall not exceed six feet.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.062. - Monument signs for multiunit complexes.

(a)

The area of a monument sign for a multiunit complex with up to four units in a nonresidential zoning district shall not exceed 64 square feet. The height shall not exceed six feet.

(b)

The area of a monument sign for a property with five or more units shall not exceed 80 square feet. The height shall not exceed six feet.

(c)

One sign is permitted every 200 feet along a public right-of-way for each multiunit complex, and one monument sign is permitted per building if there is more than one building in the complex.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.063. - Monument signs for use by a single business.

(a)

The area of a monument sign for an apartment complex and/or townhome complex in a residential zoning district shall not exceed 32 square feet.

(b)

The area of a monument sign for a model home/sales office in a residential zoning district shall not exceed 24 square feet.

(c)

The area of a monument sign for a property with a single business in a nonresidential zoning district shall not exceed 48 square feet.

(d)

The height of any monument sign in a residential zoning district shall not exceed six feet, except for a monument sign for a model home/sales office which may not exceed four feet. The height of any monument sign in a nonresidential zoning district shall not exceed six feet.

(e)

Only one monument sign is permitted for use by a single business, unless it is on a corner lot, in which case the business is entitled to one monument sign per entrance to a public right-of-way, up to two signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.064. - Monument signs for subdivisions.

(a)

One monument sign shall be permitted at each entrance to a neighborhood or residential subdivision from a public right-of-way.

(b)

The maximum area of a sign shall not exceed 32 square feet.

(c)

The maximum height for a sign shall not exceed six feet.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.065. - Political signs.

(a)

A political sign shall not have an area greater than 36 square feet.

(b)

A political sign shall not be more than six (feet in height.

(c)

A political sign shall not be lighted or have any moving elements.

(d)

Political signs may be installed on private property only with the consent of a property owner and may not be installed in, on or over any street or public right-of-way.

(e)

Political signs related to a particular candidate may be erected no earlier than 180 days prior to the election or primary for which the sign is installed and must be removed no later than three days after the victor is sworn in.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.068. - Projecting signs.

(a)

Only one projecting sign is permitted per business on each property, unless the property is a comer lot, in which case two projecting signs will be permitted.

Two projecting signs may be permitted if a business:

(i)

Is within a multiunit property;

(ii)

Takes up an entire building; and

(iii)

Is on a corner, or has two public entrances on different sides of the building in which it is located.

(b)

Lettering constituting such signage shall consist of one horizontal line of lettering not to exceed 36 inches in height, or two horizontal lines of lettering not to exceed 54 inches in height, including a minimum six inch space between the two lines;

(c)

The total length on any such sign shall not exceed 75 percent of the storefront width of the tenant or occupant's premises on the property.

(d)

The signable area of the projecting sign for each business shall not exceed 64 square feet in a nonresidential zoning district.

(e)

No projecting sign shall extend, either above the roof of the building or beyond the wall to which it is attached by more than four feet at the point of attachment. In no instance shall the height of the sign exceed the maximum building height established for the zoning district.

(f)

A projecting sign attached to a building on private property shall not extend over any public land except a sidewalk adjacent to the building.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.069. - Real estate signs.

(a)

Only one nonilluminated real estate sign shall be permitted per lot, except that two nonilluminated real estate signs shall be permitted if it is a corner lot.

(b)

The maximum area of a sign shall not exceed 32 square feet.

(c)

The maximum height for a sign shall not exceed six feet.

(d)

Real estate signs advertising the sale or lease of property shall be removed at the completion of the transaction advertised or within 24 months, whichever comes first, unless the 24-month term is extended by the city council.

(e)

If multiple units are available for lease on a single property or property ownership is structured as a condominium project, the property may have smaller signs (not to exceed six square feet in area or six feet in height) for each individual unit provided the individual signs are not legible from the public right-of-way (i.e., street). Neither a permit nor a permit fee is required for these smaller, individual signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.070. - Sidewalk signs.

(a)

Sidewalk signs are allowed

(b)

The maximum height of the entire structure of a sidewalk sign is 36 inches.

(c)

Sidewalk signs may be located on sidewalks immediately in front of the establishment they serve provided they do not hinder the flow of pedestrian traffic.

(d)

Sidewalk signs must be removed from the sidewalk and stored away from public view when the establishment served by the sign is closed for business.

(e)

Sidewalk signs do not count toward the cumulative signage.

(f)

Sidewalk signs shall be anchored or weighted to prevent being blown away or knocked over by pedestrians.

(g)

Changeable copy is allowed for sidewalk signs.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.074. - Wall signs.

(a)

Only one wall sign shall be permitted per business, unless the property is a corner lot in which case two signs are permitted. Wall signs are not permitted in residential zoning districts.

(b)

Lettering constituting such signage shall consist of one horizontal line of lettering not to exceed 36 inches in height or two horizontal lines of lettering not to exceed 54 inches in height, including a minimum six-inch space between the two lines;

(c)

The total length on any such sign shall not exceed 75 percent of the storefront width of the tenant or occupant's premises on the property with a maximum of 64 square feet.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.075. - Warning signs.

(a)

The maximum area of a sign shall not exceed two square feet.

(b)

The maximum height for a sign shall not exceed six feet.

(c)

The maximum number of signs shall not exceed two. The sign administrator is authorized to approve additional signs upon showing of the applicant's legitimate safety concerns.

(d)

"No Trespassing" signs may be posted as close as 1,000 feet apart as necessary to provide notice in accordance with Texas Penal Code section 30.05, as may be amended.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.076. - Window signs.

(a)

Only one window sign is permitted per business on each property, unless the property is a corner lot, in which case two window signs will be permitted.

(b)

The signable area of a window sign, such as no solicitors, shall not exceed one square foot in a residential zoning district.

(c)

The signable area of a window sign shall not exceed 24 square feet in a nonresidential zoning district.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.077. - Mobile concession stands.

(a)

Permit applications must be accompanied by written, notarized authorization from the property owner or manager verifying that the applicant has authorization to temporarily locate the concession trailer at that location.

(b)

A permit will only be valid for a three-month period.

(c)

Permits are not required for seasonal activities or civic events that last less than one week.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.078. - Mobile services providers.

(a)

The maximum area of a mobile services sign shall not exceed 12 square feet. Mobile services signs do not count towards total cumulative signable area limits for the property.

(b)

The maximum height for a mobile services sign shall not exceed four feet.

(c)

Mobile services signs must be removed daily.

(d)

Mobile services signs may only be installed for a period not to exceed 26 days in a calendar year.

(e)

Mobile services signs shall be installed only during the day services are provided at that location.

(f)

Only one mobile services sign is permitted per property.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.079. - Directional signs.

(a)

The maximum area of a directional sign shall not exceed 2.25 square feet.

(Ord. No. 1981, § 2, 8-14-2014)

Sec. 14.06.080. - Traffic control signs.

Traffic control sign may only be erected in compliance with the then-current Texas Transportation Commission's approved Texas Manual on Uniform Traffic Control Devices.

(Ord. No. 1981, § 2, 8-14-2014)