Aubrey City Zoning Code
§ 27
SIGN REGULATIONS.
A.
APPLICABILITY; PURPOSE AND INTENT.
The purpose of this section is to regulate the location, size, construction, duration, use, and maintenance of all signs on a content-neutral basis. The regulations contained within this section shall be applicable within the corporate territorial limits and the extraterritorial jurisdiction of the City of Aubrey, Texas. The general objectives of this section are to balance the rights of individuals to convey their messages through the lawful use of signs with the rights of the public to be protected from potential harm, to promote the health, safety, and welfare of the general public, and to aid in achieving the following goals:
(2)
Communication Efficiency.
To enhance the economy, the business, and the industry of the City by promoting the reasonable, orderly and effective display of signs and thereby encourage clear communication with the public, so that:
(3)
Environmental Preservation and Aesthetics.
To protect the public welfare and to preserve and enhance the appearance and economic value of the built environment, by providing that signs:
(a)
Protect, preserve and enhance scenic views, natural landscapes, and historic values of the city;
(b)
Protect, preserve and enhance economic viability of the city's commercial corridors by assuring aesthetic appeal to businesses and residents alike;
(c)
Do not create visual clutter to persons using the public rights-of-way;
(d)
Do not create a nuisance to occupants or customers of adjacent property by sign size, height, brightness, or materials; and
(e)
Are not detrimental to land or property values.
B. Abandoned sign Advertising Attached sign Awning sign Balloon/floating device Bandit sign Banner sign Billboard sign Builder promotional sign Building Building official Canopy sign Cantilevered ground sign Certificate of occupancy Changeable electronic message/reader board sign City City Manager Conforming sign Construction sign Crown sign Development sign, temporary Drive-through order sign Effective sign area Erect or install Exempt Facade Feather flag Flag Flagpole Frame duration Garage sale Government/regulatory sign Graffiti Grand opening Human sign Illegal sign Illuminated sign Impounded sign Incidental sign Inflatable sign Logo Mechanical sign Merchandise display Message transition Monument sign Monument sign, multiple tenant Monument sign, single tenant Mural sign Neglected sign Non-profit sign Non-residential use Nonconforming sign Notice Obscene sign Off-premises sign On-premises sign Outdoor vending machine sign Person Pole sign Political sign Portable sign Premises Prohibited sign Projecting sign Public informational sign Residential subdivision entrance sign (subdivision entry sign) Residential use Residential yard sign Revolving sign Right-of-way Roof sign Scoreboard Searchlight Section or this section Sidewalk sign Sign Sign cabinet Strip center Subdivision Temporary development sign Temporary sign Temporary, non-profit sign Total sign area Unified development zone Unified sign plan Vacant building sign Vehicle Vehicular sign Wall sign Wayfaring sign Wind device Window sign Yard/garage sale Zoning districts Zoning sign
DEFINITIONS.
For the purposes of this Section 27, Sign Regulations, the following words shall have the following definitions ascribed to them. Words not defined in this Section 27, Sign Regulations shall be as defined in Exhibit 14A, Section 4, or if not defined herein or in Exhibit 14A, such terms shall be given their common and ordinary meaning.
means a sign that for at least six continuous months does not identify or advertise a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found, and/or that pertains to a time, event or purpose that no longer applies.
means the act of conveying information to seek the attraction of or to direct the attention of the public to any location, event, person, activity, goods, services or merchandise.
means any sign affixed to, applied on, or supported by any part of a building located on-premises.
means a permanent sign that is directly applied, attached, or painted onto an awning, which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved material that covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature. (See detailed information and restrictions in subsection E(1)(a), Permanent Signs Allowed in Downtown Area, Awning Signs.)
means a visible airtight or airflow through apparatus commonly made of latex, mylar or other similar material that extends by a cord, rope, string, wire or other similar material.
means unauthorized signs posted on utility poles, street signs, traffic signals or signal supports, signal boxes, fences, barricades, trees, posts, or other fixtures within the public right-of-way or public property. The term also includes signs on private property not meeting the definition of a temporary sign and placed with or without the permission of the owner of the property.
means a temporary sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric or similar material, with the only purpose of such nonrigid material being for background. (See detailed information and restrictions in subsection E(2)(a), Temporary Signs in Downtown Area, Banner Signs.)
means a large freestanding sign, generally supported by a metal frame, and consisting of two parallel sign faces which are oriented in opposite directions, used for the display of posters, printed, painted, fixed or electronic advertisements that generally directs attention to a location other than the premises on which the sign is located.
means a sign that is located on a residential or commercial property advertising the availability of homes and/or tenant space. (See detailed information and restrictions in subsection E(5)(a), Miscellaneous or Temporary Signs, Builder Promotional Signs.)
means any structure that has a roof supported by columns or walls for shelter, support, or enclosure intended for persons, animals, or material goods for any use or occupancy. When separated by dividing walls without openings in a manner significant enough to prevent the spread of fire, each portion of such structure separated may be deemed as a separate building.
means the City's building official or his designee or other City-authorized agent appointed by the City Manager.
means a permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like cover over gasoline fuel pump, vacuum area at car detail facilities, or other areas where services are provided to a patron in a vehicle intended for protection from the weather or as a decorative embellishment. (See detailed information and restrictions in subsection E(3)(a), Permanent Signs, Canopy Signs.)
means a permanently affixed sign which is wholly independent of a building for support and where the primary support is supplied by a post and the sign hangs from a bracket or support. (See detailed information and restrictions in subsection E(3)(b), Permanent Signs, Cantilevered Ground Signs.)
means an official certificate issued by the City which indicates conformance with building, zoning, and health safety regulations and authorizes legal use and occupancy of the premises for which it is issued.
means a permanent sign or portion of a permanent sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently. This definition includes any illuminated sign in which such illumination is not kept stationary or constant in intensity and color when said sign is in use, including a light emitting diode ("LED") or digital sign. The term "changeable electronic message/reader board sign" does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard. (See detailed information and restrictions in subsection E(5)(b), Miscellaneous or Temporary Signs, Changeable Electronic Message/Reader Board Sign.)
means the City of Aubrey, Texas.
means the City Manager or his designee or other City-authorized agent designated by the City Manager.
means a sign that is legally installed in conformance with jurisdictional laws and ordinances.
means a temporary sign containing graphics, symbols, text or images securely attached to, or printed directly onto the screening fabric of, a temporary fence or barrier placed around an active construction site. (See detailed information and restrictions in subsection E(5)(c), Miscellaneous or Temporary Signs, Construction Sign.)
means a wall sign extending not more than three feet from the building facade and located on the upper horizontal band of a building at least 55 feet in height and four stories in height. (See detailed information and restrictions in subsection E(3)(c), Permanent Signs, Crown Signs.)
means a temporary sign which advertises real estate, brokerage, development or similar opportunities related to the land on which the sign is located. The definition does not include Builder Promotional Signs. (See detailed information and restrictions in subsection E(5)(d), Miscellaneous or Temporary Signs, Development Sign.)
means a sign erected in conjunction with a use that incorporates a drive-through or drive-in. (See detailed information and restrictions in subsection E(3)(d), Permanent Signs, Drive-Through Order Signs.)
means the portion of the sign face that is utilized for the display of information to include background, however, does not include the framework or base of the sign.
means to build, construct, attach, hang, place, suspend, affix, paint, display, apply, assemble or place in any manner, including, but not limited to, on the exterior of a building or structure.
means a sign permit is not required; however, compliance with all other City ordinances and the City's Zoning Ordinance, as it currently exists or may be amended, is required.
means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within 45 degrees of one another, they are considered as part of a single facade.
means a wind device as defined herein that contains a harpoon-style pole or staff driven into the ground for support.
means a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization. (See detailed information and restrictions in subsection E(5)(e), Miscellaneous or Temporary Signs, Flags.)
means a freestanding device permanently placed in the ground for the purpose of flying a flag of a nation, state, political subdivision, or organization.
means the time during which the frame continues a changeable message sign.
see yard sale.
means any sign that is erected by or upon the order of a public officer, employee or agent thereof, in the discharge of official duties.
means pictures, words, slogans, images, or other artwork painted, drawn, scratched, or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise marking it with words, pictures, symbols, advertising, logos, relations with a group, indecent/vulgar images, or offensive language.
means a commemoration that promotes the opening of a new business. A grand opening may only be located at the business that received a certificate of occupancy.
means any hand-carried or held sign, symbol, or display on persons visible from the public right-of-way, which may include persons dressed in costume.
means a sign that fails to comply with any provision of this section 27, or other applicable Ordinance of the City, and which is not classified as a nonconforming sign as defined herein.
means a sign designed or made that consists of lights, LEDs, or other form of illumination that displays a message or picture that does not scroll, fade, blink, flash, travel, or through any other means that do not provide constant illumination.
means a sign that is legally removed by the City in accordance with the provisions of subsection D(6), "Removal of Signs in Violation."
means a sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance. (See detailed information and restrictions in subsection E(5)(f), Miscellaneous or Temporary Signs, Incidental Signs.)
means a temporary sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air. (See detailed information and restrictions in subsection E(5)(g), Miscellaneous or Temporary Signs, Inflatable Signs.)
means any registered or recognized design, insignia, or other mark, which is used in advertising to identify an organization, individual, company, or product.
means any sign, which rotates, shakes, or moves by means of a motor, battery, or the like.
means any goods, wares, merchandise, or other advertising object or structure suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island for the purpose of advertising such items.
means the process by which a change occurs or the period of time between the changing from one message to another on a changeable message sign.
means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure.
means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure located on a single lot that contains multiple businesses. (See detailed information and restrictions in subsection E(3)(e), Permanent Signs, Monument Signs - Multiple Tenant Signs.)
means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure located on a single lot that contains only one business. (See detailed information and restrictions in subsection E(3)(f), Permanent Signs, Monument Signs - Single Tenant.)
means pictures or artwork painted, drawn, or applied on the exterior walls of a building depicting a non-commercial message. (See detailed information and restrictions in subsection E(1)(b), Permanent Signs in Downtown Area, Mural Signs.)
means a sign that has any missing panels, burned out lights, missing letters or characters, rust, loose parts, damage, fading from its original color, supports or framework with missing sign or parts, or is not maintained.
means a temporary sign that shall be located on private property that is owned by a legitimate business or entity that has as a primary function a charitable and/or non-profit status, as determined by the IRS standard. (See detailed information and restrictions in subsection E(5)(h), Miscellaneous or Temporary Signs, Non-Profit Signs.)
means any structure or use not included in the definition of "residential use" contained in this section including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office.
means any sign and its supporting structure that does not conform to all or any portion of this section 27, Sign Regulations, and (1) was in existence and lawfully erected prior to the effective date of this section; (2) was in existence and lawfully located and used in accordance with the provisions of any prior ordinances applicable thereto or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or (3) was used on the premises at the time it was annexed into the City and has since been in regular and continuous use. (See detailed information and restrictions in subsection D(4), Nonconforming Signs.)
means a notice required by this section shall be sufficient if it is submitted by personal delivery, registered or certified mail with return receipt requested, and/or sending the notice through the United States Postal Service.
means a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, is patently offensive because it affronts community standards relating to the description or representation of sexual matters and is utterly without redeeming social value.
means a sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc., at a location other than where the sign is located.
means a sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc., at the location of which the sign is located.
means a sign located on an outdoor machine, device, or equipment which may include, but is not limited to, coin-operated/electronic payment vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, propane tank sales, and similar machines, devices, or equipment. (See detailed information and restrictions in subsection E(5)(i), Miscellaneous or Temporary Signs, Outdoor Vending Machine Signs.)
means any individual, firm, partnership, corporation, company, organization, or business entity of any kind.
means a freestanding sign that is detached from a building and is supported by one or more structural elements that are either: (1) architecturally dissimilar to the design of the sign; or (2) less than 1/4 the width of the sign.
means a temporary sign announcing or supporting political candidates or issues in connection with a national, state, or local election. (See detailed information and restrictions in subsection E(5)(j), Miscellaneous or Temporary Signs, Political Signs.)
means any sign not permanently attached to the ground or to a building which is designed to be easily transported or conveyed to different locations.
means a lot, parcel, tract, or plot of land together with the buildings and structures thereon.
means signs that do not comply with this or other applicable ordinances and that are otherwise not allowed within City boundaries or in Aubrey's Extraterritorial Jurisdiction (ETJ).
means a permanent attached sign that is wholly or partially dependent upon a building for support and extends from said building, generally at a right angle. (See detailed information and restrictions in subsection E(1)(c), Permanent Signs allowed in Downtown Area, Projecting Signs.)
means a sign erected by or at the direction of the City, local, federal or state governments for the purpose of providing instruction, information, or direction to the general public, including, but not limited to, signs identifying a property address, restrooms, handicap parking spaces, reserved parking spaces, freeze warning, no trespassing, no dumping, no loitering, no soliciting, beware of dog warning, water resource information, lock/take and hide, construction entrance and/or exit signage.
means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the individual residential structures and located on a lot owned and maintained by the HOA for the purposes of identifying the main or secondary entrances to a residential community. (See detailed information and restrictions in subsection E(4)(a), Permanent Signs allowed in Residential and Multi-Family Districts, Residential Subdivision Entrance Sign.)
means a structure where the primary purpose is to provide a permanent place of residence to an individual or family.
means an on-site temporary residential sign used to publicize or announce information at the discretion of the homeowner or tenant of the property such as, but not limited to, home improvement signs, residential real estate signs, or school affiliation signs. (See detailed information and restrictions in subsection E(5)(n), Miscellaneous or Temporary Signs, Residential Yard Signs.)
means a sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis.
means the area on, below, or above a public roadway, highway, street, public sidewalk, waterway, or utility easement in which the City has an interest.
means a sign mounted on and supported by the roof portion of a building, above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a building.
means a sign located on or adjacent to an athletic field or stadium, which is used to display information pertaining to an event at the field or stadium. (See detailed information and restrictions in subsection E(5)(k), Scoreboards.)
means any use of lighting intended to attract the general public by the waving or moving of light beams.
means these Sign Regulations unless the context otherwise specifically provides.
means a movable sign not secured or attached to the ground or surface upon which it is located. This sign type is typically an A-frame or spring-mounted sign. (See detailed information and restrictions in subsection E(2)(b), Temporary Signs allowed in Downtown Area, Sidewalk Signs and in subsection E(5)(l), Miscellaneous and Temporary Signs, Sidewalk Signs.)
means any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product by means of words, figures, numerals, emblems, devices, trade names or trademarks, or other pictorial matter that communicates information of any kind to the public.
means a wall or freestanding sign that is self-enclosed and contains all the text and/or logo symbols within the enclosed cabinet which may or may not be illuminated. It can be single- or double-faced.
means a commercial building comprised of multiple, individual businesses on a single lot where the primary entrance for each tenant is generally accessed from the outside.
means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.
means a sign that identifies a real estate project that is under construction.
means any sign which is not rigidly and permanently installed into or on the ground, attached to a building, or as defined in this section.
means any sign which meets the criteria for a temporary sign within this section but is used by a non-profit agency or entity and placed for a limited duration on the property owned by the non-profit agency or entity. (See detailed information and restrictions in subsection E(5)(h), Miscellaneous or Temporary Signs, Non-Profit Signs.)
means the total area of a sign including the display, framework, and base.
means a tract of land or a grouping of lots that are considered as one unit, such as a shopping center or a college campus.
means a specific and uniform scheme for a unified development zone or a specific geographic area within the City whereby the signage is coordinated by color, type of materials, size, graphics, fonts, and design elements to create a cohesive and attractive.
means any sign associated with a vacant building or a vacant lease space, except a sign pertaining to the lease or sale of the building to which it pertains, or a sign which is under lease from an owner or his authorized agent when such sign is maintained by a person operating under his own bond.
means a motorized machine on wheels, treads, or runners by which any person, material, commodity, or property is or may be transported.
means a commercial sign painted upon or applied directly to (including magnetic) any truck, car, bus, trailer, boat, recreational vehicle, motorcycle, or other vehicle. (See detailed information and restrictions. (See detailed information and restrictions in subsection E(5)(m), Miscellaneous or Temporary Signs, Vehicular Signs.)
means a permanent sign affixed to or painted on an exterior wall and extending not more than 12 inches from the facade of any building to which it is attached, supported throughout its entire length by the building face. (See detailed information and restrictions in subsection E(1)(d), Permanent Signs allowed in Downtown Area, Wall Signs and in subsection E(3)(g), Permanent Signs, Wall Signs.)
means a specific sign erected or endorsed by the City that is placed to direct citizens and visitors to points of interest within the City. (See detailed information and restrictions in subsection E(1)(e), Permanent Signs allowed in Downtown Area, Wayfaring Signs.)
means any pennant flag, streamer, spinner, balloon, feather sign, or similar device made of cloth, canvas, plastic, or any flexible material designed to float or move freely.
means a sign affixed to any surface of a window (internal or external) or is located within three feet from the interior window of any establishment. (See detailed information and restrictions in subsection E(1)(f), Permanent Signs allowed in Downtown Area, Window Signs.)
means a sign indicating the date and location of the sale of goods at a residential property and includes yard sales and estate sales. (See detailed information and restrictions in subsection E(5)(o), Miscellaneous or Temporary Signs, Yard Sale Signs.)
means the various use districts designated in the City's Zoning Ordinance.
means any temporary sign erected in conjunction with a request to zone or rezone a property in accordance with the City's Zoning Ordinance.
C.
JURISDICTION AND APPLICABILITY.
(1)
The terms and conditions of this Section 27, Sign Regulations shall apply to all signs located within both the City of Aubrey and its extraterritorial jurisdiction (ETJ), pursuant to Local Government Code, Chapter 216, as amended. The City Manager shall be responsible for interpreting and administering the provisions of this section as set forth herein.
(2)
Signs located on property owned by the City of Aubrey, an independent school district or any other governmental agency are not required to meet the requirements of this section. However, signs located on property owned by the City of Aubrey shall be permitted only upon approval of the City Manager.
D.
ADMINISTRATION.
(1)
Permit Required.
(a)
Sign Permit Required.
No sign, unless otherwise excepted under this Section 27, Sign Regulations, shall be erected, placed, located, secured, constructed, altered, attached, painted or displayed to/on the ground, any building, and/or any structure, until a permit for such sign has been approved and issued by the City Manager. In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way.
(b)
Application.
An application for a sign permit may be obtained from the City's offices. The City Manager shall approve or deny an application for a sign permit within 30 days of the City's receipt of a completed application. An application shall be complete upon City's receipt of all submittal documents and information outlined in the sign permit application and this section. An application shall provide all information required by this section for the type of sign for which a permit is requested, shall be subject to the criteria based upon the type of sign requested, and shall be subject to the general criteria as set forth below:
(i)
A diagram shall be provided showing the location of the sign on the property, all applicable required measurements and dimensions of the proposed sign, as well as any applicable proposed electrical connections.
(ii)
Engineer sealed plans may be required for a proposed sign as determined necessary in the discretion of the City Manager, upon review of a permit application.
(iii)
Incorrect, inaccurate, false, or misleading information provided in an application shall be grounds for denial of the proposed permit.
(iv)
An application shall be eligible for permit issuance if a proposed sign conforms to all City ordinances and the requirements of applicable adopted building codes that may be applicable.
(v)
After a sign permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the approved sign permit without prior approval by the City Manager.
(c)
Permit Fee.
Every application for a sign permit shall be submitted with a nonrefundable fee as provided in the City's fee schedule. An application will not be accepted without the permit fee paid in full.
(d)
Inspection.
The City Manager is authorized to perform or direct the performance of an inspection of any and all signs to determine that the sign has been constructed in accordance with and complies with the requirements of this section, all applicable ordinances, and the approved permit. The City Manager shall determine the method and time of such inspections.
(e)
Permit Expiration/Extension/Removal.
If the work authorized by a sign permit issued under the provisions of this section has not been completed within 90 days after the date of issuance of a sign permit, the permit shall expire unless extended as provided herein. Additional time for completion of construction may be approved by the City Manager upon receipt of a written request by a permit holder documenting good cause for the delay if such request is received prior to expiration of the 90 day period for construction. If a sign has not received final inspection approval by the City within the 90 day period, or an extension is not approved, the permit holder shall remove all components of the partially constructed sign from premises upon which the sign is located within 10 business days of permit expiration.
(2)
Interpretation, Administration and Revocation of Permit.
(a)
The City Manager shall be responsible for interpreting and administering these Sign Regulations. The City Manager may suspend or revoke any permit for a sign issued in error, or for which incorrect, misleading, or false information was supplied as part of the permit application, or if a permit is issued in violation of any provision of this section, any other ordinance of the City, or the laws of the state or the federal government. Such revocation shall be effective when communicated as provided in subsection (2)(b). Any sign that is the subject of a revoked permit shall be immediately removed by the person in control of the sign or premises upon which the sign is located, or within a reasonable time as determined by the City Manager. The time for removal shall not exceed 10 business days of the date of the written notice of revocation.
(b)
Notice of revocation shall be deemed to have been given by letter sent certified, first-class mail, return receipt requested and addressed to the person to whom the permit is issued, the owner of the sign, or the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district.
(i)
The City Manager may revoke a contractor registration issued in error or for those reasons stated herein.
(c)
Temporary exemptions: The City Manager shall have the authority to approve temporary exceptions to the sign ordinance as set forth in this section in emergency circumstances and/or in relation to public works project's directional and safety signage.
(d)
Public safety protection: Nothing in this section is meant to prevent any public safety agency from setting up and utilizing any type of sign needed on a temporary basis to protect and enhance public safety solely at the discretion such agency or the City.
(3)
Prohibited Signs.
The following signs are expressly prohibited:
(a)
Abandoned signs;
(b)
Merchandise displays, except as authorized by the City's Zoning Ordinance;
(c)
Billboard signs;
(d)
Graffiti;
(e)
Neglected signs;
(f)
Balloon and air devices;
(g)
Bandit signs;
(h)
Human signs;
(i)
Portable signs, unless specifically permitted within this section;
(j)
Revolving signs;
(k)
Mechanical signs;
(l)
Pole signs;
(m)
Roof signs;
(n)
Vacant building signs;
(o)
Wind devices/feather flags, unless used in conjunction with a City-authorized special event, excluding flags and banners as authorized by this section;
(p)
Obscene signs;
(q)
LED, string or similar lighting outlining windows, doors, or other similar building features;
(r)
Searchlights, beacons, or laser lights, unless used in conjunction with a City-authorized special as defined in subsection B, Definitions, of this Code, as amended; and
(s)
Other prohibited signs:
(i)
Any sign not referenced in or governed by these Sign Regulations or expressly allowed by City ordinance, state or federal law;
(ii)
Any sign erected or installed without the issuance of a permit, either prior to or after the adoption of this section (if a permit was required);
(iii)
Any sign that emits odor or visible matter;
(iv)
Any billboard sign located, relocated, or upgraded within the corporate limits or extraterritorial jurisdiction of the City;
(v)
Any sign erected or installed in or over a public right-of-way or access easement, unless permitted within this section;
(vi)
Any sign located on private property without the consent of the owner of the premises;
(vii)
Any sign that does not comply with this or other applicable municipal ordinances, or those which do not comply with federal or state laws;
(viii)
Any sign supported by a bench, tree, rock, bridge, [or] public utility pole;
(ix)
Any sign supported by a fence, except as otherwise permitted in this section;
(x)
Any floating device(s) anchored to the ground of any vehicle, structure or any other fixed object for the purpose of advertising or attracting attention to a business, commodity, service, sale, or product, except as otherwise permitted in this section;
(xi)
Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by the City, county, state, or other authorized governmental agency, or with the permission of the City, for public purposes, unless permitted within this section; and
(xii)
Off-premises signs, unless specifically permitted within this section.
(4)
Nonconforming Signs.
(a)
Signs legally in existence at the time of the adoption of this Section 27, Sign Regulations, which do not conform to the requirements of this section and/or signs meeting the definition of a nonconforming sign provided in this section, shall be considered nonconforming signs, and may remain in place as provided herein. A sign that is not classified as a nonconforming sign as defined herein shall be classified as an illegal sign.
(b)
All permanent signs and sign structures, with the exception of existing pole signs, which are addressed in subsections D(4)(b)(vii) and D(4)(b)(viii), and billboards (currently deemed illegal and nonconforming) and addressed in subsection D(4)(b)(ix) shall be brought into conformance with the sign regulations when and if the following occurs:
(i)
The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.
(ii)
If more than 50 percent of the sign area is damaged, it shall be repaired to conform to this section.
(iii)
An alteration in the structure of sign support.
(iv)
A change in the mechanical facilities or type of illumination.
(v)
A change in the material of the sign face.
(vi)
If the property where the nonconforming sign is sold with full ownership being transferred, the nonconforming sign shall be brought into conformance with this Code at the time of transfer unless the buyer continues to operate the business under the same name that was on the nonconforming sign at the time of transfer.
(vii)
Notwithstanding subsection D(3)(l), pole signs existing as of the date of June 26, 2025 which are less than two years old may be maintained for a maximum of seven years, if they otherwise conform to this Section 27 of the Aubrey Code of Ordinances.
(c)
Change to a Conforming Sign.
A Nonconforming Sign may be altered to become or be replaced with a sign that conforms to the requirements of this section. Once a sign is altered to conform or is replaced with a sign that conforms with the requirements of this section, the nonconforming rights for the original sign shall lapse and a nonconforming sign may not be re-established. Unless a sign is prohibited or is an illegal sign as defined herein, proposed changes or modifications to a Nonconforming Sign that are not allowed as provided in this section shall only be allowed with an approved variance utilizing the variance process provided in subsection D(8).
(d)
If there is no sign in place on a sign structure or building wall for six continuous months, the nonconforming rights are lost, and a nonconforming sign may not be re-established. If the sign structure is unused for less than six continuous months, a nonconforming sign may be re-established.
(e)
A nonconforming sign in the City or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed, or removed as provided by law including, but not limited to, V.T.C.A., Local Government Code, ch. 216 as it exists or may be amended.
(f)
A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair. In order to preserve the nonconforming sign status, the person removing the sign must inform the City Manager, in writing, before the sign is removed. If the responsible party fails to inform the City Manager, any re-erected sign shall lose its nonconforming status and will be considered a new sign subject to compliance with all requirements of this section.
(5)
Maintenance of Signs/Neglected and Abandoned Signs.
(a)
All signs, including nonconforming signs, shall be continuously maintained in a neat condition and appearance. Sign panels and/or sign graphics shall be secured and maintained so that they do not separate from, hang from, or fall from a sign. Sign panels and sign graphics shall not be faded, ripped, or have any other damage. Illuminated signs with all or part of the sign being unilluminated shall be repaired within seven business days of the date of notice.
(b)
Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited.
(c)
Upon written notification to the permit holder by the City Manager, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which sign is located within seven business days of the date of notice.
(d)
The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within seven business days of the date of notice. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the City may utilize any civil remedy available to remove or repair the sign, up to and including impoundment and placement of a lien on the property to recover costs of repair or removal.
(e)
If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the City may remove it immediately without providing prior written notice. However, within 10 days of the date of removal of the sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign and may utilize a civil process or place a lien on the property to recover costs. Such notice shall be sufficient if provided in writing to the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district or the person to whom a sign permit has been issued for the sign.
(f)
It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located.
(6)
Removal of Signs in Violation.
(a)
Removal/Impoundment of Prohibited Signs.
All prohibited signs, dilapidated signs, or noncompliant signs shall be considered a public nuisance and are prohibited by this section within the City limits and its extraterritorial jurisdiction. Upon identification of any prohibited sign, the City Manager shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the installer of the sign.
(i)
The notification shall state that the offending sign shall be removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so.
(ii)
The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed 10 calendar days) a citation may be issued and the City may resort to any civil remedy available up to and including impoundment.
(iii)
If any sign is determined to present an immediate danger to public health, safety, or welfare, the City shall remove it immediately.
(iv)
Within 10 calendar days of the removal of the sign, the City Manager shall notify the owner of the property on which the sign was located of the reason(s) for the removal of the sign.
(v)
Signs authorized by a sign permit number with an expiration date shall be removed promptly upon the date of expiration.
(vi)
Signs remaining after the date of expiration shall be deemed prohibited. The sign permit that provides the expiration date shall be considered adequate notice of violation.
(vii)
Bandit signs may be removed immediately by the City.
(b)
Failure to Comply.
It shall be unlawful for any person receiving such written notification or having an expired sign permit to fail to comply with the direction of the notification. In the event any person fails to comply with such notice provided, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located.
(c)
Impounded Signs and Recovery.
(i)
Impounded signs may be recovered by the owner within seven calendar days from the date of the written notification of impoundment by paying a fee determined by the City's current fee schedule as approved by the City Council.
(ii)
Impounded signs not recovered within seven calendar days from the date written notification of impoundment is sent shall be deemed abandoned and may be disposed of by the City in any manner City Manager determines appropriate.
(7)
Unified Sign Plan.
(a)
A Unified Sign Plan is required prior to the issuance of a sign permit for all signage on properties that are greater than four acres in size and/or have more than six independent businesses located on the overall property. The purpose of the Unified Sign Plan is (i) to provide overall sign locations on a property by identifying the relationship of each sign to surrounding and existing signs and properties; and (ii) to provide uniformity in size, design, colors, and proportions of signs within the development. In addition, the Unified Sign Plan shall be designed to promote a cohesive relationship between current developments and proposed future improvements and to provide for consistency and uniformity among buildings and signs for a commercial development made up of multiple independent businesses and for adjacent residential developments. The Unified Sign Plan purpose is to provide signage so that it identifies commercial establishments in a readable and distinct manner to allow uses to be easily differentiated, and to maintain an uncluttered appearance that provides a pleasing visual environment.
(b)
A Unified Sign Plan shall contain the following information:
(i)
Elevations of the locations of signs illustrating the materials of construction, colors, lighting, fonts of letters and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building;
(ii)
Elevations depicting the size of the signs in relation to the size of the buildings within the development;
(iii)
A plan drawn to preliminary site plan, or site plan specifications, as detailed in the Zoning Ordinance, as it currently exists or may be amended, of the site illustrating the location of existing and proposed signs on the property and, if required by City staff, on adjacent properties;
(iv)
Other information to illustrate the consistency and uniformity of the signs; and
(v)
For Unified Sign Plans, the sign plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included/identified on the unified development signs erected within the unified development zone. Prior to City consideration of a unified development zone, all property owners located within a proposed unified development zone must submit notarized letters to the City authorizing the creation of the unified development zone. A lot shall only be included in one unified development zone.
(c)
A Unified Sign Plan is required for all commercial use developments in all zoning districts that include six or more independent businesses within the overall development zone or that are located upon land that is greater than four acres in size, whichever is the most restrictive.
(d)
A proposed Unified Sign Plan and all individual signs requested within such plan, or as otherwise required in this section, shall be submitted to the development services department for review and approval. The Unified Sign Plan, including individual signs therein, will be reviewed for compliance with this section 27 and in accordance with the City's development review schedule. The Building Official may approve or deny a Unified Sign Plan or approve such plan or individual signs therein with conditions. Should the building official deny a proposed Unified Sign Plan or sign therein, the applicant shall be notified in writing within 10 days of such decision and shall have a right to appeal the decision of the Building Official to the sign board within 10 days of the date of the decision of the Building Official, and thereafter may appeal the decision of the Sign Board to the City Council. Appeals under this section to the Sign Board and City Council shall be in accordance with the procedure and criteria set forth in subsection D(8)(b) hereof.
(8)
Waivers and Appeals.
(a)
Sign Board.
All waivers and appeals to this section of the Zoning Ordinance shall be presented to the Sign Board. This appointed body shall be made up of the same members as the Board of Adjustment.
(b)
Process.
Any person requesting a waiver from the rules and regulations detailed herein shall apply in writing to the Sign Board. The application shall contain the information and plans requested in the waiver specifically identifying the requested variation or relief from the provisions of this section, along with the established application fee required in the City's fee schedule. The application shall include reasons for the requested waiver including any situation or issue that the applicant believes will necessitate the requested variation or relief from the requirements of this section, and the existing regulations to be altered. No public hearing and/or notification of property owners is required for a sign waiver. The burden of demonstrating that the requested waiver meets the requirements of this section shall be on the applicant.
(c)
Approval Standards.
When considering a request for a waiver from the requirements of this section 27, the Sign Board shall consider the following criteria when granting a waiver:
(i)
Special conditions exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same vicinity. The Sign Board may attach such conditions to granting all or a portion of any waiver necessary to achieve the purpose of this section; and
(ii)
The strict interpretation of the provisions of this section would deprive the applicant of rights commonly enjoyed by other properties in the vicinity under the terms of this section; and
(iii)
The special conditions and circumstances necessitating the request for waiver do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences; and
(iv)
Granting the waiver will meet the objectives of the section and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare; and
(v)
Granting of the waiver will be in harmony with the spirit and purpose of this section, the Zoning Ordinance and the Comprehensive Plan of the City.
(d)
Approval by the Sign Board.
In its sole discretion, the Sign Board shall have the authority to waive or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.
(e)
Appeal.
If the Sign Board denies the application for a waiver, the applicant may appeal to the City Council, which will have the final authority. In its sole discretion, the City Council shall have the authority to grant a waiver or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.
(f)
Limitation on Reapplications.
When the City Council has denied an application for waiver under this section, no new applications for the same request or for a request of a similar nature shall be accepted or scheduled for consideration by the City Council for a period of 12 months after the date of such City Council denial. Applications that have been withdrawn at or before the meeting date at which an application is posted for consideration by the Sign Board, and appeals of Sign Board decisions that have been withdrawn at or before the meeting date at which an appeal is posted for consideration by the City Council may be resubmitted at any time for consideration before the Sign Board and/or City Council.
(9)
Penalty for Violation of Section 27, Sign Regulations.
(a)
Penalty for Violation.
Any person, as defined herein, who violates any one or more of the provisions of this section or causes or permits the violation of any one or more provisions of this section shall be guilty of a Class C Misdemeanor upon conviction, and shall be subject to a fine not to exceed the maximum fine of $500.00 or $2,000.00 as applicable and allowed by state law. A separate offense shall be deemed committed upon each day or part of a day during or on which a violation occurs or continues.
(b)
Presumption of Ownership.
There shall be a rebuttable presumption that a person is responsible for a violation of this section if the person is:
(i)
The permit holder for the sign; or
(ii)
The owner, operator, agent, employee, or manager of an entity or business that is identified on or endorsed or promoted by the Sign, or if the Sign identifies a phone number or email, physical or other social media address for such person or a person who is listed or otherwise identified on the sign as responsible for the sign or the purpose being advertised.
(c)
Presumption Rebuttable.
The presumption established by subsection (9)(b) may be rebutted if the person provides the full name, date of birth, physical and mailing address, and telephone number or numbers for the person who is determined to be responsible for the violation.
(10)
Sign Measurement.
(a)
Area.
The area of a sign shall be measured as follows:
(i)
For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.) of the effective sign area.
 |
(ii)
For signs with an irregular shape, the area shall be measured by enclosing the sign elements with intersecting lines and using the standard mathematical formula (height multiplied by width). This method of measurement shall be used for wall sign with individually mounted letters.
 |
(iii)
The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign.
(iv)
Where a sign has two faces, the area of the largest sign face shall be used to determine the area of the sign provided the two faces are within 30 degrees from parallel. Where a sign has two or more faces that are greater than 30 degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two signs (a V-shaped sign).
(v)
Letters forming a word or name shall be considered a single sign, regardless of the spacing between letters.
(b)
Height.
The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. The supports of a freestanding sign shall not be included in calculating the area of the sign but shall be included in the measurement of the height of the sign.
(11)
Criteria for Permissible Signs.
The following signs are allowed, subject to compliance with the conditions and the specifications provided in this section. Signs that do not comply with the following conditions and specifications or are not specifically authorized within this section are considered to be an illegal sign and shall be prohibited. It shall be unlawful for a person to erect, allow, maintain, or cause to be erected an illegal sign.
E.
APPROVED SIGNS.
(1)
Permanent Signs Allowed in Proposed Downtown Area.
(a)
Awning Signs.
(i) Location | Permitted in conjunction with non-residential uses or in a residential zoning district for apartment uses for which a building permit and/or certificate of occupancy has been issued. The supporting structure may not extend into or over the street right-of-way. Signs shall be securely attached to the elevation of the awning, and may not swing, sway, or move in any manner. |  |
(ii) Maximum Effective Sign Area | 10 percent of the total area of the awning. | |
(iii) Minimum Clearance | 9 feet in height above sidewalk or walkway. | |
(iv) Design | Canvas, metal, wood, or other material approved by the City Manager. Minimum height for text or graphic elements shall be 6 inches. The awning shall be secured to the building and may not move in any manner. An awning requires the issuance of a building permit prior to installation, unless approved with the initial building permit. | |
(v) Dimensions | Maximum width of awning: 75 percent of building width Maximum height of message: 12 inches | |
(vi) Permit Required | Yes. | |
(b)
Murals.
(i) Location | Shall be tiled or painted directly upon or affixed to the exterior wall of the building. Must have written permission of the property owner at the time of permit application. May be up to 100 percent of the building elevation on which it is located. Text and symbols are limited to 10 percent of the size of the entire mural. |  |
(ii) Maintenance | It is the intent of the City to maintain the historic murals in downtown Aubrey. To that end, mural signs shall be kept in good repair, free from excessive paint chipping, peeling, or fading. Mural signs found not to be in good repair must be repaired within 90 days from the date upon which the property owner receives a written order from the building official to repair the mural sign. Should the mural sign not be repaired within 90 days of notice by the City, the City reserves the right to repair and/or repaint the mural sign. If the City repairs and/or repaints the mural sign, the property owner will be charged the cost of the repair and/or repainting. If payment of the cost of the repair and/or repainting has not been paid within 60 days, the City may place a lien against the property in the amount of the charge for the repair and/or repainting. | |
(iii) Illumination | Mural signs may be illuminated by external lighting cast onto the mural sign provided that: The brightness and intensity shall not be greater than necessary to make the mural visible; and Lighting shall be shielded from all adjacent buildings and streets; and The lighting shall not create excessive glare to pedestrians and/or motorists and will not obstruct traffic control or any other public informational signs. | |
(iv) Permit Required | Yes, location must be approved by the City Manager. | |
(v) Permit Stipulation | Mural signs may not be used to advertise products or services offered or sold off-location or on-site. | |
(c)
Projecting Signs.
(i) Location | Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. May project into right-of-way (with City Council approval of an encroachment agreement) but shall be located a minimum of three feet from back of curb of any adjacent street or drive. May be erected on a building corner when the building corner adjoins the intersection of two streets. No portion shall extend above the roof line, a parapet wall, or the eave line. |  |
(ii) Maximum Total Sign Area | The surface area of the sign where text and graphics are displayed shall not exceed a maximum of 10 percent of the area of the building elevation to which it is attached. | |
(iii) Minimum Clearance | 9 feet above sidewalk or walkway. Requires Fire Department review and approval. | |
(iv) Maximum Number of Signs | One per tenant per elevation. | |
(v) Design | Shall not extend above a building wall. May extend no more than three feet from the facade of a building. | |
(vi) Support | Shall be supported from the side edge of the sign in an approved manner. | |
(vii) Permit Required | Yes. | |
(d)
Wall Signs.
(i) Location | Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not be allowed on accessory structures. Shall not be allowed on any facade (other than the main front of the building) that faces property zoned for single-family uses if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center. Signage shall be restricted to the facade of the applicable tenant space on the building. |  |
(ii) Maximum Effective Sign Area | The total of all effective sign area on each facade, shall not exceed 60 square feet or 20 percent of the facade, whichever is greater. In no instance shall a wall sign exceed the maximum height limitations noted in subsection (iii) below. Tenant within a strip center. Shall be measured by the size of the front facade of the applicable tenant space. | |
(iii) Maximum Height | Height of sign is based on the height of the building: Less than 20 feet: Four feet 20 feet to less than 30 feet: Six feet 30 feet to less than 40 feet: Eight feet 40 feet to less than 50 feet: 10 feet 50 feet or greater: 12 feet | |
(iv) Minimum Clearance | 9 feet above sidewalk, walkway, or street. If sign is painted on the wall, there is no minimum clearance. | |
(v) Maximum Number of Signs | Unlimited, however, the individual sign heights may not exceed what is allowed in subsection (iii) above, and the total combined area cannot exceed what is allowed in subsection (ii) above. Signage for a multi-tenant building with a single entry, shall be limited to a maximum of two signs per elevation of appropriate scale and size identifying the major tenant or name of building. | |
(vi) Design | When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building. | |
(vii) Permitting Stipulation | Signage for a multi-tenant building with a single entry. Shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal. | |
(viii) Permit Required | Yes. A sign reface requires a separate permit. | |
(e)
Wayfaring Signs.
(i) Location | May be located on private property that is adjacent to public rights-of-way (with written permission from the property owner). May be located within the parkway of public rights-of-way (with permission from the state or county, as appropriate). |  |
(ii) Manner | The number and location of wayfaring signs shall be determined by the City Manager. The cost of production, installation, maintenance, and relocation or removal of the wayfaring signs shall be the responsibility of the permittee, or, if located on private property, the permittee and the property owner shall have joint and several liability. | |
(iii) Maximum Height | 10 feet | |
(iv) Maximum Width | 6 feet | |
(v) Color/Theme | Wayfaring Signs shall incorporate logo/artwork approved by City Council. | |
(vi) Permit Required | The City may place or contract for placement of wayfaring signs, and as the permitting authority, a permit shall not be required for City installed wayfaring signs; however, City may require a third-party contractor to obtain a permit for wayfaring signs and pay applicable fees. | |
(f)
Window Signs.
(i) Location | Shall be affixed to any surface of a window (interior or exterior) or within three feet of the interior window glazing. |  |
(ii) Maximum Total Sign Area | Window signs are exempt from the provisions of this section, provided that not more than 30 percent of the transparent window area is occupied at any one time, regardless of whether the sign covers a single pane or multiple panes. | |
(iii) Exceptions | Addresses, open/closed signs, hours of operation, and window signs required by City ordinances are exempt from meeting the maximum sign area criteria required in this section of the ordinance. | |
(iv) Permit Required | No. Window signs shall comply with all conditions and specifications listed above and other applicable provisions herein. | |
(2)
Temporary Signs Allowed in Proposed Downtown Area.
(a)
Banner Signs (Temporary).
(i) Location | Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not face a residential neighborhood unless separated by a major or minor thoroughfare. |  |
(ii) Maximum Total Sign Area | All four corners shall be securely attached to the front, side, or rear surfaces of a building excluding banners located on public school property or church property, which may be affixed to a freestanding support. May not be used as the primary signage for a business. | |
(iii) Maximum Total Sign Area | 35 square feet. | |
(iv) Minimum Clearance | Nine feet in height above sidewalk or walkway when installed in a location that may restrict pedestrian travel. | |
(v) Maximum Number of Signs | One at any given time for any given business. | |
(vi) Maximum Number of Occurrences/Year | Three two-week periods per business per calendar year that shall not be consecutive. | |
(vii) Exceptions | A business is permitted to have one banner sign prior to the receipt of a certificate of occupancy. A permit shall be allowed for a period not to exceed 14 days for grand openings. A banner signed approved for a grand opening shall not be counted against the allowed time frames provided in this section. Banner signs are allowed with a special event permit for 14 days prior to the event and two days after the event is over. Religious organizations that operate in a school or other temporary facility may place a banner during times of worship. The banner cannot be placed earlier than 24 hours prior to worship and shall be removed no later than two hours after worship. The banner shall not count against the businesses' annual allowance. | |
(viii) Duration | Each permit is valid for a two-week period. | |
(ix) Removal | Shall be removed on the day of the expiration of the permit. Special event banner, within 24 hours after the event. | |
(x) Permit Required | Yes. | |
(b)
Sidewalk Sign (Temporary).
(i) Location | A sidewalk sign may be located on any downtown sidewalk so long as the sign does not obstruct vehicular, bicycle, or pedestrian traffic. Must comply with ADA clearance and accessibility. |  |
(ii) Maximum Effective Sign Area | A sidewalk sign must be no more than 42" tall and 36" wide. The sign face must be no more than six square feet in area. | |
(iii) Maximum Number of Signs | There may be no more than one sidewalk sign per tenant, generally located adjacent to the primary facade in front of the business and shall not obstruct ingress and egress to a building or upon a sidewalk or roadway. | |
(iv) Design | No illumination is permitted. | |
(v) Duration | The sign must be removed and placed indoors at the close of each business day. | |
(vi) Permit Required | Yes, but there is no fee for this sidewalk signs. | |
(3)
Permanent Signs Allowed in All Other Non-Residential Districts and the ETJ.
In addition to the signs listed in subsection E(1), the following signs are allowed in all other non-residential zoning districts and the City's extraterritorial jurisdiction (ETJ).
(a)
Canopy Signs.
(i) Location | Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall be attached to the face of the canopy band that is parallel to a public street. |  |
(ii) Maximum Effective Sign Area | 10 percent of the area of the building elevation to which it is attached. | |
(iii) Maximum Number of Signs | One canopy sign per public street frontage. | |
(iv) Design | Shall only contain the name and/or logo of the company at the location. Pricing and/or sale specials are prohibited. Must not extend outside the overall length or width of the canopy, however, may extend above or below the canopy provided the clear height is met. | |
(v) Permit Required | Yes. | |
(b)
Cantilevered Ground Signs.
(i) Location | Permitted in conjunction with commercial uses for which a building permit and/or certificate of occupancy has been issued. Intended primarily for small-scale businesses. Must be placed a minimum of five feet from the front building line. |   |
(ii) Maximum Effective Sign Area | 8 square feet | |
(iii) Maximum Number of Signs | One, to be located on the main entrance side of the building. | |
(iv) Design | Shall only contain the name and/or logo of the company. Pricing and/or sale specials are prohibited. May not be internally illuminated or backlit. | |
(v) Permit Required | Yes. |
(c)
Crown Signs.
(i) Location | Permitted in conjunction with commercial uses for which a building permit and/or certificate of occupancy has been issued. Shall be located on the primary building facade and located on the upper horizontal band of the building that is a minimum of 55 feet in height and four stories. Must be located so as not to cover windows or architectural details. |  |
(ii) Maximum Effective Sign Area | Three percent of the area of the facade to which it is attached. | |
(iii) Maximum Number of Signs | One, to be located on the main entrance side of the building. | |
(iv) Design | Shall only contain the name and/or logo of the company at the location. Pricing and/or sale specials are prohibited. May be internally illuminated or backlit. | |
(v) Permit Required | Yes. | |
(d)
Drive-Through Order Signs.
(i) Location | Permitted in for retail trade or services uses providing drive-through and drive-up facilities which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness. |  |
(ii) Maximum Effective Sign Area | 40 square feet, each preview/order board. A carhop and/or walk-up menu board shall not exceed 10 square feet in area. | |
(iii) Maximum Signs Height | Eight feet, unless constructed as part of a rain/shade barrier. A maximum distance off ground shall be 12 inches. | |
(iv) Maximum Number of Signs | One preview board and one order board shall be permitted for each drive-through/drive-up lane. | |
(v) Design | Each drive-through and drive-up access aisle for restaurants shall provide sufficient space before the menu board to accommodate at least four waiting vehicles and at least four waiting vehicles between the menu board and the drive-up window. The sign board may modify this standard based on specific site characteristics pursuant to subsection D(8), Waivers and Appeals. | |
(vi) Permit Required | Yes. | |
(e)
Monument Signs (Multiple Tenant).
(i) Location | Permitted in conjunction with multiple non-residential uses established on one lot for which a building permit and/or certificate of occupancy has been issued. Minimum 15-foot setback from all property lines. |   |
(ii) Maximum Total Sign Area | Multi-tenant monument sign adjacent to US Hwy 377: 150 square feet Other multi-tenant monument sign: 96 square feet | |
(iii) Minimum Base Height | 12 inches | |
(iv) Maximum Height | Multi-tenant monument sign: 20 feet for commercial centers greater than 100,000 square feet. Multi-tenant monument sign: 15 feet for commercial centers equal to or less than 100,000 square feet. Multi-tenant monument sign adjacent to US Hwy 377: 25 feet. If one or more of the above maximum height calculations conflicts, the lesser height of the two regulations applies. | |
(v) Maximum Number of Signs per Street Frontage | One per 400 feet of street frontage per lot. | |
(vi) Minimum Spacing between Signs | The distance required between any two multi-tenant monument signs is 200 feet. | |
(vii) Design | Shall be constructed of the same primary masonry materials as the front building facade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall be consistent with the building elements and materials of development. Blank panels shall be installed on monument signs where tenant panels are absent (see illustrations, above). | |
(viii) Removal | Model home monument sign: Shall be removed prior to final inspection of home when model is transitioned to a single-family dwelling or upon removal of sales trailer from same lot. | |
(ix) Unified Sign Plan Required | See subsection D(7) for more details on the requirements of the Unified Sign Plan for multi-tenant monument signs and coordination of wall signs within a shopping center. | |
(x) Permit Required | Yes. A sign reface requires a separate permit. | |
(f)
Monument Signs (Single Tenant)
(i) Location | Single tenant monument sign: Permitted in conjunction with non-residential uses or on a lot containing a multi-family use for which a building permit and/or certificate of occupancy has been issued. Single tenant/multi-tenant monument sign: Minimum 15-foot setback from all property lines. |   |
(ii) Maximum Total Sign Area | Single tenant monument sign adjacent to US Hwy 377: 100 square feet. Other single tenant monument signs: 64 square feet. | |
(iii) Minimum Base Height | 12 inches. | |
(iv) Maximum Height | Single tenant monument sign adjacent to US Hwy 377: 10 feet. Other single tenant monument sign: Eight feet. | |
(v) Maximum Number of Signs | Single tenant monument sign: One per lot. | |
(vi) Minimum Spacing Between Signs | The distance required between any two single tenant monument signs on adjacent properties is 75 feet. | |
(vii) Design | Shall be constructed of the same primary masonry materials as the front building facade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall be consistent with the building elements and materials of development. | |
(viii) Permit Required | Yes. | |
(g)
Wall Signs.
(i) Location | Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not be allowed on any facade (other than the main front of the building) that faces property zoned single-family uses if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center: Signage shall be restricted to the facade of the tenant space on the building and is subject to a Unified Sign Plan. |  |
(ii) Maximum Effective Sign Area | The total of all effective sign area on each facade, shall not exceed 60 square feet or 20 percent of the facade, whichever is greater. In no instance shall a wall sign exceed the maximum height limitations noted in subsection (iii) below. Tenant within a strip center: Shall be measured by the size of the facade of the tenant space. | |
(iii) Maximum Height | Height of sign is based on the height of the building: Less than 20 feet: four feet 20 feet to less than 30 feet: Six feet 30 feet to less than 40 feet: Eight feet 40 feet to less than 50 feet: 10 feet 50 feet or greater: 12 feet | |
(iv) Minimum Clearance | 9 feet above sidewalk, walkway, or street. If sign is painted on the wall, there is no minimum clearance. | |
(v) Maximum Number of Signs | Unlimited, however, the Individual sign heights may not exceed what is allowed in subsection (iii) above and the total combined area cannot exceed what is allowed in subsection (ii) above. Signage for a multi-tenant building with a single entry: shall be limited to a maximum of two signs per elevation of appropriate scale and size Identifying the major tenant or name of building. | |
(vi) Design | When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building. | |
(vii) Permitting Stipulation | Signage for a multi-tenant building with a single entry: Shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal. | |
(viii) Permit Required | Yes. A sign reface requires a separate permit. | |
(4)
Permanent Signs Allowed in Residential and Multi-Family Districts and the ETJ (Other Than the Proposed Downtown Area).
In addition to the signs listed in subsection E(1), the following signs are allowed in all other residential and multi-family zoning districts and the City's extraterritorial jurisdiction (ETJ), as indicated.
(a)
Residential Subdivision Entrance Sign.
(i) Location | Main entrance sign should be placed in HOA-owned median providing a divided entryway into the community. |   |
(ii) Maximum Total Sign Area | Residential subdivision monument signs: 200 square feet. | |
(iii) Minimum Base Height | 12 inches. | |
(iv) Maximum Height | Residential subdivision monument sign: 12 feet. | |
(v) Maximum Number of Signs | One required at main entrance. Additional smaller entrance signs may be permitted at other entrances. | |
(vi) Design | Shall be constructed of the masonry materials or a combination of similar materials to complement the community's architectural style. | |
(vii) Lighting | Ground lighting where the light itself and supporting structure are not visible from public right-of-way is allowed. All lighting shall comply with the currently adopted National Electrical Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. | |
(viii) Permit Required | Yes. | |
(ix) Other Requirements | No such signage will be allowed in the right-of-way. Structures enhancing associated signage may be permitted in the right-of-way upon City Council approval of an encroachment agreement or license and Fire Department review and approval of clearance provisions. | |
(5)
Miscellaneous or Temporary Signs Allowed in All Districts and the ETJ, as Indicated.
In addition to the signs listed in subsection E(1), the following miscellaneous and/or temporary signs are allowed in all non-residential zoning districts other than the Proposed Downtown Area.
(a)
Builder Promotional Signs (Miscellaneous Sign).
(i) Location | Any zoning district outside the Proposed Downtown Area Shall be located on private property that is adjacent to public rights-of-way. May be located within the parkway of public (i.e. state, county, City) rights-of-way (with permission from the entity, as appropriate). Placement of builder promotional signs are subject to TxDOT approval. |  |
(ii) Manner | Signs are permitted at a minimum spacing of 200 feet along a right-of-way and may not be located within 100 feet of a street intersection. The cost of production, installation, maintenance, and relocation or removal of the builder development signs shall be the responsibility of the permittee, or, if located on private property, the permittee and the property owner shall have joint and severable liability. | |
(iii) Maximum Height | 10 feet. | |
(iv) Maximum Width | 4 feet. | |
(v) Maximum Number of Signs | The maximum number of signs is based on length of roadway frontage. | |
(vi) Permit Required | Yes | |
(vii) Site Plan Required | Yes | |
(viii) Duration | Shall be removed prior to the issuance of 90 percent of the home building permits for a subdivision on the property. | |
(b)
Changeable Electronic Message/Reader Board Sign (Miscellaneous Sign)
(i) Location | Changeable electronic reader boards shall be allowed on all permitted monument signs except in the Proposed Downtown Area |  |
(ii) Maximum Area | Electronic reader board may utilize no more than 50 percent of the effective sign area. | |
(iii) Lighting Restrictions | Changeable electronic reader boards shall come equipped with automatic dimming technology which adjusts the sign's brightness based on ambient light. | |
(iv) Message/Transitions | One sign per premises shall be allowed as a changeable message sign. Frame duration shall not be less than 10 seconds and shall occur simultaneously on the entire electronic sign face. Message transition shall not be greater than one second. Frame effects such as flashing shall be prohibited. May not be used to display commercial messages relating to products or services that are not offered on-premises. May include time and temperature. | |
(v) Permit Required | Yes. | |
(c)
Construction Signs (Temporary Sign).
(i) Location | Any zoning district outside the Proposed Downtown Area. Permitted in conjunction with a construction project. Shall be set on premises out of the right-of-way. |
(ii) Maximum Effective Sign Area | Sites under 10 acres: Maximum size is 36 square feet. Sites over 10 acres: Maximum size is 64 square feet. |
(iii) Maximum Height | 12 feet measured from the ground (including posts). |
(iv) Maximum Number of Signs | One per major street thoroughfare per property. When a property has more than one major thoroughfare, one sign may be placed along each major thoroughfare. |
(v) Minimum Spacing Between Signs | A property with more than 200 feet of major thoroughfare frontage is entitled to place one additional temporary construction fence sign with a minimum separation of 200 feet between each temporary construction fence sign. |
(vi) Removal | Shall be removed prior to the issuance of a certificate of occupancy for the building on the property or the completion of construction. Where the property has multiple buildings with outstanding building permits, the temporary construction fence sign must be removed upon the earlier of: The expiration or termination of all such outstanding building permits, or Prior to the issuance of a certificate of occupancy for the last such building on the property. |
(vii) Permit Required | Yes |
(d)
Development Signs.
(i) Location | Permitted in any zoning district. Shall be located on-site. Shall be setback a minimum of 15 feet from the front property line |  |
(ii) Maximum Effective Sign Area | 64 square feet | |
(iii) Maximum Height | 12 feet | |
(iv) Design | The supporting structure shall be constructed of metal, wood, plastic, or wood-plastic composite | |
(v) Lighting | No illumination allowed | |
(vi) Maximum Number of Signs | One sign shall be permitted adjacent to each street frontage of the property | |
(vii) Duration | Non-residential property shall be removed prior to the issuance of a certificate of occupancy on the property. | |
(viii) Permit Required | Yes | |
(ix) Permitting Stipulation | Permit renewal is required every two years in order to verify duration criteria, property ownership, and maintenance of sign. Permit fee is only required at initial issuance. Failure to renew permit shall result in non-conforming sign status. | |
(e)
Flags (Miscellaneous Sign).
(i) Location | Allowed in any zoning district. Shall be located on private real property with the consent of the property owner. No flag shall be placed in or encroach over or onto any public right-of-way or median and shall not be attached to fences or trees. Residential: Shall be placed in ground in the front or rear yard of the lot or attached to the primary structure. Flags may not be attached to a fence. |
(ii) Maximum Total Area | Residential: 60 square feet. Non-residential: 100 square feet. |
(iii) Maximum Height | Residential: 30 feet. Non-residential: 50 feet. |
(iv) Maximum Number of Flags per Lot | Residential: Three. Non-residential: Three |
(v) Support | Flagpoles over 20 feet in height require a professional contractor to install. |
(vi) Permit Required | No, but shall comply with the above conditions and specifications listed above. |
(f)
Incidental Signs - (Miscellaneous Sign)
(i) Location | Allowed in any non-residential zoning district. Shall be on-premises. Minimum 20-foot setback from front property line. Shall be attached to the ground. Includes institutional uses. |
(ii) Maximum Effective Sign Area | 8 square feet |
(iii) Minimum Base Size | 12 inches |
(iv) Maximum Height | 4 feet |
(v) Maximum Number of Signs | Two per acre per lot |
(vi) Minimum Spacing between Signs | 50 feet |
(vii) Design | The design, materials, and finish of the base shall match those of the front building facade of the primary structure on the same lot. |
(viii) Permit Required | No, but shall comply with the above conditions and specifications listed above. |
(ix) Fees | No |
(g)
Inflatable Signs (Temporary Sign)
(i) Location | Any zoning district outside the Proposed Downtown Area. Permitted for grand openings and for holidays and festivals. Shall not be located within required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign or its securing devices encroach into the right-of-way |  |
Shall be secured directly to the ground. Shall not be placed on a roof or suspended from a building. | ||
(ii) Maximum Effective Sign Area | 48 square feet | |
(iii) Maximum Height | 30 feet | |
(iv) Maximum Number of Signs | One per premises per event | |
(v) Timeframe | Grand openings: Once for each separate certificate of occupancy (CO). Maximum for 15 consecutive days. Must be removed within two days after the scheduled event. City approved special event: Maximum for 10 consecutive days. Must be removed within two days after the scheduled event. | |
(vi) Permit Required | Yes | |
(h)
Non-Profit Signs (Temporary).
(i) Location | Allowed in any zoning district. Shall be located only on private property that is owned by and utilized for a non-profit purpose. Temporary signs referenced in this section prohibit bandit signs in any location. |
(ii) Maximum Effective Sign Area | 20 square feet |
(iii) Maximum Height | 6 feet |
(iv) Maximum Number of Signs | As allowed by the City Manager |
(v) Duration | May be placed up to 72 hours in advance of an event and removed within 24 hours following the event. In no case shall the temporary sign be displayed on a continuous basis. |
(vi) Permit Required | No |
(i)
Outdoor Vending Machine Signs (Miscellaneous Sign).
(i) Location | Allowed in any zoning district. Shall not obstruct pedestrian or vehicular traffic. Shall be directly attached to a vending machine or gasoline pump. Shall be flat and shall not project from the vending machine or gasoline pump. May be displayed 24 hours each day. |
(ii) Lighting | All lighting shall comply with the currently adopted National Electrical Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. |
(iii) Permit Required | No, but shall comply with the above conditions and specifications listed above. |
(j)
Political Signs (Temporary Sign)
(i) Location and State Statutes | Allowed in any zoning district. Texas state law provides certain restrictions on political signage at polling places as well as on private real property. The City hereby incorporates applicable provisions of such state law into this section. V.T.C.A., Local Government Code, § 216.903, as amended. |  |
State law authorizes the placement of signs that contain primarily a political message on private real property with the consent of the property owner, subject to the following: ○ Shall not have an area greater than 36 square feet; ○ Shall not be more than eight feet in height; ○ Shall not be illuminated; or ○ Shall not have any moving elements. Signs are not permitted on City property or within any right-of-way, except as required by V.T.C.A., Election Code, §§ 61.003 or 85.036, both as amended. Signs shall only be located on private property with the consent of the property owner no closer than 10 feet from the edge of the street pavement. | ||
(ii) Duration | Shall be removed within 10 days after the election day. In the case of a run-off election, signs advertising those candidates who are in the run-off election may be continued to be displayed during the interim period but must be removed within 10 days after the run-off election. | |
(iii) Permit Required | No, but must comply with the above conditions. | |
(k)
Scoreboards.
(i) Location | Allowed in any zoning district that allows an athletic field or stadium. Shall be constructed within the limits of and be oriented into the athletic field or stadium. |
(ii) Design/Electronics | Changeable electronic message/reader board component allowed |
(iii) Permit Required | Yes |
(l)
Sidewalk Signs (Miscellaneous Sign)
(i) Location | Allowed in any non-residential zoning district. Shall be located a minimum of three feet back from the curb or any adjacent street, drive, or parking lot. Shall be located within 10 feet of the business entrance. Shall not be placed in public right-of-way. |  |
(ii) Maximum Height | 4 feet | |
(iii) Maximum Width | 3 feet | |
(iv) Minimum Clearance | If placed on or adjacent to a sidewalk or walkway (that is not in a public right-of-way), an unobstructed pedestrian clearance of at least four feet in width shall be provided adjacent to the sign. | |
(v) Maximum Number of Signs | One per business | |
(vi) Minimum Spacing Between Signs | 30 feet | |
(vii) Illumination | Shall not be illuminated. | |
(viii) Timeframe | May be placed on properties during business hours only | |
(ix) Permit Required | No, but shall comply with the above conditions and specifications listed above | |
(m)
Vehicular Signs.
(i) Location | Allowed in any zoning district outside the Proposed Downtown Area or any residential district. During periods of inactivity, such vehicle with prominent signage may not be parked in the parking lot or placed in such a manner that the sign is readily visible from adjacent public rights-of-way and is primarily being used as a sign. |  |
Such vehicles may not be parked in the parking bay immediately adjacent to the street frontage. Vehicles with prominent signage are in violation only if the vehicle is parked in a manner that the signage on the vehicle is acting as a sign for an extended period of time and where it is visible from the street. All vehicles parked on a public street and/or a commercial parking lot must be operable, currently registered, and actively used in the daily function of the business to which such signs relate or for transporting employees to and from the premises. "For Sale" signs placed in or on vehicles when the vehicle is parked or placed in a manner that the sign is readily visible from adjacent public rights-of-way are prohibited with the exception that one vehicle containing a "For Sale" sign parked or placed at an approved parking space associated with a single-family, two-family, townhome, or multi-family dwelling unit is allowed. | ||
(ii) Permit Required | No, but shall comply with the above conditions and specifications | |
(n)
Residential [Yard] Signs.
(i) Location | Any residential zoning district. Permitted on a lot containing a single-family, two-family dwelling or multi-family dwelling. Also permitted on a residentially zoned lot owned by a HOA or property owners' association. |  |
Shall be located only on private property with the consent of the property owner. Shall not be placed closer than ten feet from the edge of the street pavement. | ||
(ii) Maximum Effective Sign Area | 4 square feet | |
(iii) Maximum Height | 3 feet | |
(iv) Maximum Number of Signs | 2 per lot | |
(v) Permit Required | No, but shall comply with the conditions and specifications listed above | |
(o)
Yard/Garage Sale Signs.
(i) Location | Allowed in any zoning district. Shall be located on private property with the consent of the property owner. Shall not be permitted in the right-of-way, public property, or utility pole |  |
(ii) Sign Type | Maximum size 24 x 30 inches | |
(iii) Timeframe | The signs shall not be displayed for more than 72 consecutive hours and shall be removed by 8:00 a.m. on the day following the conclusion of the garage sale. | |
(iv) Confiscation | Signs in violation of this section may be confiscated and destroyed without notice by the City. | |
(v) Permit Required | Yes. A permit is required for each garage sale. There is no fee for the permit. A maximum of two permits for a maximum of three days shall be issued per property per calendar year. | |
(Ordinance 429-10, sec. 2.02, adopted 2/23/10; Ordinance 477-12 adopted 8/27/12; Ordinance 505-13 adopted 6/18/13; Ordinance 551-15 adopted 2/17/15; Ordinance 914-25 adopted 6/26/2025)