Balcones Heights City Zoning Code
ARTICLE 12
SIGN AND ADVERTISING DEVICES
§ 153.12.1 DEFINITIONS.
For the purpose of this Article, the following definitions and the definitions in Section 153.1.1 Definition shall apply unless the context clearly indicates or requires a different meaning.
A temporary sign constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top with each angular face held at an appropriate distance so as to be adequately secured by a supporting member. These signs may also be referred to as sandwich board signs.
A sign that no longer serves to direct attention to an event, person, product, good, service, or activity, which is no longer conducted.
To convey information, to seek the attraction of or to direct the attention of the public to any location, event, person, product, good, service, activity, institution or business.
A permanent sign applied to the surface of an awning, which is affixed to a building structure, and an internal part of approved architectural features and design. The face area of the text/logos/drawings will contribute to the overall allowable wall signage area.
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One or more inflatable devices filled with lighter-than-air gas used as a temporary sign for the purpose of directing attention to any location, event, person, product, good, service, activity, institution or business.
Any temporary ground sign announcing or advertising a location, event, person, product, good, service, activity, institution, business, subdivision, new development or builder.
A sign made from lightweight fabric or plastic, which is not permanently supported.
A temporary sign constructed of a natural or manmade flexible material including, but not limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled that is mounted with or without an enclosing framework that is attached or tethered to the building or structures.
Any sign erected and used for, or designed to be used for, the display of advertising material for the purpose of advertising a location, event, person, product, good, service, activity, institution or business not located on the same premises as the billboard. Mobile advertising and hand-carried signs shall not be considered as billboards.
On-site bulletin board or identification sign for public, charitable, educational or religious use.
Freestanding sign in addition to other allowable freestanding signs, bearing only the name and/or logo, and address of a multi-development complex.
Sign located on property where construction is actually in progress under a current building permit.
any sign where any portion of the finished material, surface or message area of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or
any sign whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning or at angles other than those at which it was originally erected.
Any sign designed to provide direction to pedestrian and/or vehicular traffic.
A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, or LCDs.
A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, or organization, or as a means of signaling.
A sign that is not attached to a building and which is self supporting by use of a pole, mast, pylon or other similar vertical support structure and has a minimum of thirty-six (36) inches of ground clearance.
Shall mean a unit of light measurement equal to one (1) lumen per square foot. Footcandle may be abbreviated “fc.”
Any sign indicating public facilities, public work projects, public services, or other places, events, persons, products, goods, programs, activities or institutions conducted by the Federal, State or any local government.
Interstate Highway 410 and Interstate Highway 10.
Fredericksburg road. Also see Street, Minor/Major Arterial.
The O-1-zoned properties along Hillcrest Drive.
A sign whose purpose is to identify:
Address signs are composed of a numeric address and street or complex name. Street markers are signs adjacent to streets required by local government.
Any sign which relates to the premises on which it is located, referring exclusively to the location, event, person, product, good, service, or activity of those premises, or the sale, lease or construction of those premises.
Any sign that lists exclusively a name or names (including family/farm name signs).
A sign erected without a required permit, without the property owner’s permission, or any sign not meeting the requirements established in this Code.
A sign that directs patrons and citizens into or out of a site.
Are intended merely to enhance the safe ingress and egress of pedestrians or vehicles. (e.g. entrance, exit, caution, slow, no trespassing.)
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A sign attached to a building wall or structure restricted to trading stamps, credit cards accepted, notice of services restrictions, trade affiliations, or public interest messages.
A permanent freestanding sign displaying the type and price of food, beverages or other products sold in connection with permitted outdoor dining or in connection with a restaurant with drive-through service.
A permanent sign mounted on the ground and designed with a continuous structural element of approximately the same dimension from the ground to the top of the sign. This sign may feature decorative architectural elements and landscaping around the base. The monument sign shall reflect the architectural characteristics of the building(s) on the property.
A sign moved by mechanical, electrical or natural means, such as wind.
A sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings.
Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal light source and designed so that the rays go through the face of the sign.
Any sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
Sign located on an awning, directly above business entrance, or projected/hanging adjacent to entrances.
A sign set on its own foundation, or with supports sunk into the ground, or painted on a permanent structure.
Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar nonrigid material which may be used as a temporary sign to announce grand openings and/or special events.
An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.
Any individual, association, firm, corporation, governmental agency or political subdivision.
A permanent sign, mounted on the ground, where the structural element is significantly narrower than the sign.
A sign pertaining to any national, state, county or local election, or issue and erected for the purpose of announcing a political candidate, political party or ballot measure, or a position on a political issue.
Any sign designed or constructed to be easily moved from one location to another or designed to be mounted upon a trailer, wheeled carrier, or other nonmotorized mobile structure. A portable or mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this Code.
A building’s or business’s primary identification.
Any sign that does not meet the requirements established in Article 12, any sign specifically prohibited in this Code or any type of sign not specifically identified as permitted in this Code.
Nonilluminated, double-faced, temporary sign, depicting a property or tenant space is for sale, lease, or rent on which the sign is located.
Any sign wholly erected on, affixed to or supported by a roof of a building.
See “A” Frame Sign.
Complements primary sign and provides more detailed information.
A name, identification, description, display, or illustration which is affixed directly or indirectly upon the exterior of a building or structure or upon a piece of land which directs attention to an object, location, event, person, product, good, service, activity, institution, or business.
The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures, devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the allowable square footage of sign area, only one (1) side of a double-face sign shall be considered.
The vertical distance between the highest part of a sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign.
Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community.
A strip of land comprising the entire paved area at a minimum 20 feet wide between the face of curbs and gutters and within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one (1) lot.
A roadway which collects traffic from local streets and connects within major/minor arterial streets. Collectors are Balcones Heights Rd, Gentleman, and Dewhurst.
A dividing line between a lot, tract, or parcel of land and a contiguous street.
A designated principal traffic thoroughfare more or less continuous across the City, which is intended to connect remote parts of the City or areas adjacent thereto, and act as principal connecting street with State and Federal highways. Major Arterials are Fredericksburg Rd., Crossroads Blvd, North Crossroads Blvd, Via Crossroads, and Babcock. Minor Arterials are Hillcrest Dr., Balcones North, and Spencer Ln.
Any street right-of-way not dedicated to public use.
Any roadway for use of vehicular traffic dedicated to public use and/or owned, controlled and maintained by the City, a County, or the State.
The shortest horizontal distance between the lines which delineate the street.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its prior condition would equal or exceed fifty percent (50%) of the market value of the structure before damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before “start of construction” of the improvement. This includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
a project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
any alteration of an “historic structure” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.”
The area of a sign including all architectural materials and features, excluding structural pole support of pole signs.
Any sign identified by this Code which is intended to be displayed for seasonal or brief activities including, but not limited to, sales, specials, promotions, holidays, auctions, and/or business grand openings.
The triangular sight area from the corner of converging streets to a distance of 25 feet along each street with the triangle completed by drawing a line through the property from both 25 foot points on the converging streets.
Any sign painted on, attached to or projected from the wall surface of a building, including window signs and signs on awnings and/or marquees.
Any display or series of displays, banners, flags, pennants or other such objects designed and fashioned in such a manner as to move when subjected to wind pressure.
A permanent sign applied to a window of a building, but intended to be viewed and read from the exterior of the building.
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(Ord. 2017-04, passed 4-24-17)
§ 153.12.2 PURPOSE.
The City recognizes the safety, commercial, emergency, and informational needs for signs. This Article has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City in accordance with LGC Article 216. Additionally, this Article is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City’s Comprehensive (Master) Land Plan.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.3 APPLICABILITY.
All signs shall be erected, displayed, altered or reconstructed in conformity with this Article. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
Other Laws.
The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law.
Partial Invalidity.
In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.4 ADMINISTRATION.
General.
The City Administrator or his/her designee is hereby authorized and directed to enforce the provisions of this Article and other laws, ordinances, codes and regulations applicable thereto. The City Administrator or his/her designee shall have the authority to render interpretations of this Article and other laws, ordinances, codes and regulations applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein.
Applications.
The City Administrator or his/her designee shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City.
Inspection.
The City Administrator or his/her designee shall make all inspections necessary to ensure compliance with all state and local requirements governing signage.
Notices and Orders.
The City Administrator or his/her designee shall issue all necessary citations, notices or orders to ensure compliance with this Article.
Right of Entry.
Where it is necessary to make an inspection to enforce the provisions of this Article, or where the City Administrator or his/her designee has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article, the City Administrator or his/her designee is authorized to enter premises at reasonable times to inspect or to perform the duties imposed by this Article, provided that if such premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the City Administrator or his/her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the City Administrator or his/her designee shall have recourse to the remedies provided by law to secure entry.
Department Records.
The City Administrator or his/her designee shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records.
Liability.
The City Administrator or his/her designee, members of the Board of Adjustment, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws, ordinances, codes or regulations shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.5 GENERAL REQUIREMENTS.
Permit Required
No person shall erect, alter or display any sign nor shall any person allow the erection, alteration, or display of any sign upon any property within the City-owned or controlled by them without first obtaining a sign permit to do so from the City Administrator or his/her designee, except as hereinafter provided. No sign permit shall be released by the City Administrator or his/her designee until after the building permit for the principal building on the site has been issued.
Electrical Permit Required.
No person shall install and connect electrical systems for a sign within the City without first obtaining an electrical permit to do so from the Community Development Department, except as hereinafter provided. The Community Development Department shall not issue an electrical permit for a sign until after the principal sign permit for such work has been issued.
Application.
The following information shall be required for each application for a permit:
Completed building permit application obtained from the Community Development Department;
plans that illustrate height, length, width and all other dimensions associated with the sign. Plans shall include all electrical elements of the sign; and
a letter or copy of a contract signed by the owner of the property stating that the applicant has permission to erect such sign.
Fees.
All fees for a sign permit shall be in accordance with the current fee schedule adopted by City Council.
A permit shall not be valid until such fee has been paid. An amendment to a permit shall not be released until the additional fees, if any, have been paid.
Where work for which a permit is required by this Article has been started prior to obtaining a permit, the fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) from any other penalties prescribed by this Zoning Code or any other law, ordinance, code or regulation applicable thereto.
Action on Application.
The City Administrator or his/her designee shall examine or cause to be examined applications for permits and amendments thereto within fifteen (15) business days after a complete application is filed. If the application or the construction documents do not conform to the requirements of this Article and other pertinent laws, ordinances, codes or regulations, the City Administrator or his/her designee shall reject such application in writing, stating the reasons therefore. If the City Administrator or his/her designee is satisfied that the proposed work conforms to the requirements of this Article and other laws, ordinances, codes and regulations applicable thereto, the City Administrator or his/her designee shall issue a permit therefore as soon as practical.
Time Limitation of Application.
An application for a permit for any proposed work for which a permit has not been issued shall be deemed abandoned six (6) months after the date of filing. The City Administrator or his/her designee may, at his/her discretion, grant one extension for additional time not exceeding ninety (90) days. The extension shall be requested in writing and justifiable cause demonstrated. Permits issued under this Article are nontransferable from one person to another.
Condition of Permit.
A permit issued under this Article shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this Article or other law, ordinances, codes and regulations applicable thereto. Nor shall issuance of a permit prevent the City Administrator or his/her designee from thereafter requiring correction of errors in plans, construction, or removing violations of this Article or other laws, ordinances, codes or regulations applicable thereto. Every permit issued shall become invalid six (6) months after its issuance if the work is not completed unless otherwise stated in this Article.
Suspension or Revocation.
The City Administrator or his/her designee is authorized to suspend or revoke a permit issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other laws, ordinances, codes or regulations applicable thereto.
Removal Pending Permit.
All nonconforming signs and sign structures shall be removed from a premise prior to issuance of any other sign permits.
Public Rights-of-Way, Alleys and Easements.
A permit shall not be given by the City Administrator or his/her designee for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement.
Placement of Permit.
The permit or copy thereof shall be kept on the site until the work permitted is completed.
Appeal.
An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to the BOA within ten (10) days after the date of denial or revocation.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.6 EXEMPTED SIGNS.
The following types of sign or sign work are exempt from the permit requirements of this Article provided, however, that the exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws, ordinances, codes or regulations of the City:
Governmental Signs
Political Signs
Railway Signs.
Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway.
Utility Signs.
Any sign marking utility or underground communications or transmission lines.
Vehicle Signs.
Any sign placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as a form of transportation and which identifies the business, products, or services with which the vehicle and/or trailer is related.
Flags.
Official flags of governmental jurisdictions/military, area sports teams, nonprofit organizations, or symbolic flags or insignias. Nothing in this Article shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies. Flagpoles shall not exceed thirty five (35) feet in height.
Warning Signs.
Signs warning the public of the existence of danger but containing no advertising material.
Street Address Signs.
Address signs containing only numeric address and street or complex names.
Holiday Signs.
Any temporary sign, banner, bunting, or decorative flags promoting the celebration of a holiday and containing no commercial advertising.
Plaques.
Any commemorative sign of a recognized historical society or organization.
Menu Board Signs.
A maximum of two (2) menu board signs, each with a maximum of thirty-two (32) square feet in area, shall be permitted per drive through service restaurant or restaurant drive-up window or similar drive through business.
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Sandwich Board Signs.
A maximum of two (2) sandwich board signs with a maximum of fifteen (15) square feet in area, shall be permitted to be placed in front of a retail store or restaurant in a MXD or C-1 zoning district. Such Signs may not intrude into the required seven foot wide “clear” pedestrian sidewalk and may only be used during the hours of business operations.
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Cornerstones & Building Markers.
Building Markers & Cornerstones stating the name and date of a building and incorporated into the building design as an architectural feature.
Miscellaneous window signs.
Miscellaneous window signs directly related to the business or commercial establishment provided the total sign area shall not exceed 10% of the window area of the business or commercial establishment.
On-site changeable copy signs not exceeding 32 square feet.
Temporary signs in association with a special event permit.
Minor Repairs and Maintenance.
Minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, painting or other similar exterior maintenance of a sign structure so long as no structural alterations are made to the sign.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.7 PROHIBITED SIGNS.
Obstructing Doors, Windows or Fire Escapes.
No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape.
Obstructing Vision/Sight Triangle.
No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle).
Interference with Traffic.
No sign shall be permitted which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination, or any other characteristics causing such interference. No person shall erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, signs making use of the words “stop,” “go,” “look,” “slow,” “danger,” or any other similar word, phrase, symbol or character. No person shall employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic.
Over Public Property or Public Right-of-Way.
It shall be prohibited to erect or display any type of sign on or over public ROW or other public property, unless the same is erected by the City, County, State or other authorized governmental agency, or with the permission of the City (in its sole discretion), for public purposes.
Special feature signs.
No person shall erect or display any sign that:
emits visible smoke, vapor, particles or odor.
imitates or copies an official traffic control sign;
flash or illuminate intermittently;
revolve;
are animated signs;
create radio or television or other communication interference;
are tethered and/or inflatable including balloon signs; or
produce a glare or reflection onto residential property[.]
Private Property.
No sign shall be located on private property without the consent of the owner of the premises, including signs located on trees, light poles or mail boxes.
[Reserved.]
Signs In Violation.
No sign shall be permitted that does not comply with any applicable provisions of the building code, electrical code, or any other applicable laws, ordinances, codes or regulations of the City.
Home Occupation Signs.
No exterior home occupation signs shall be permitted unless otherwise specifically authorized in another applicable section of this Zoning Code.
Nonmotorized or Portable Signs.
No trailer type, nonmotorized signs using wheels and axles as the primary support shall be permitted. It shall be unlawful to operate and/or park a vehicle or trailer so as to be visible from a public street when said vehicle or trailer contains an advertisement for a specific product or service, or directs people toward a business or activity located on the same property or any other premises.
“Portable signs” shall not include a sign or information affixed or applied to a vehicle or trailer to identify the company which actively utilize the vehicle or trailer as part of the routine work of the company.
Off-Premisea Signs.
Except as set forth elsewhere in this Article, all off premises signs not legally existing on August 3, 2009 are prohibited except that the following signs may be permitted provided they otherwise meet the applicable requirements of this Article:
Bandit Signs.
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Painted Signs.
No sign shall be permitted which is painted on the wall of any building or on any part of a building.
Other Signs.
Except as set forth elsewhere in this Article, any signs not specifically permitted by this Article are prohibited within the City.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.8 REMOVAL OF SIGNS.
Damaged Signs.
Signs which are determined by the City Administrator or his/her designee to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days after written notification to the property owner. Damaged signs shall lose nonconforming use rights.
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Abandoned Signs.
Signs which are determined by the City Administrator or his/her designee to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days after written notification to the property owner by the City Administrator or his/her designee. Abandoned signs shall lose nonconforming use rights.
Extensions.
The City Administrator or his/her designee shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated.
Signs in Right-of-Way and/or Public Property.
Any sign that is erected, constructed, or otherwise located within or upon public right-of-way or on public property may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal.
Relocation of Certain Detached On-Premises Signs.
Legal and nonconforming detached on-premise signs located on or overhanging a parcel of land acquired by a governmental entity may be relocated subject to the restrictions in this section. The owner of the sign and the governmental entity must sign an application requesting the relocation. The relocation must be completed within one (1) year after the date the governmental entity becomes the owner of the property. All relocated signs must fully comply with spacing, setbacks, and other restrictions in this section. All signs must relocate on the remainder of the tract from which the parcel of land was acquired unless:
No relocated detached on-premises sign may have a greater effective area or increased height than it had at its original location, or contain new materials that are more than five feet (5') above grade.
No detached on-premise sign may be relocated until demolition and other required permits have been applied for and approved by the City.
No new electrical or mechanical properties may be added to a relocated detached on-premise sign. (For example, a nonilluminated sign may not be converted to an illuminated sign.)
Illegally Erected Temporary Sign.
Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article shall be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal.
Political Signs.
Any political sign that is erected, constructed or otherwise displayed on public property shall be removed no later than ten (10) days following the date of the election by the owner of the sign or his/her representative. Any signs remaining after the ten (10) day period may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal.
Illegally Erected Permanent Sign.
Any permanent sign installed without a permit or in direct violation of this Article shall be removed by the owner of the sign or property within ten (10) days after written notification by the City Administrator or his/her designee.
Filing of Liens Against the Property.
The City is authorized to file a lien against any property which is not otherwise exempt to recover reasonable expenses incurred by the City for the removal of a sign or portion of a sign.
Appeal.
Any decision rendered by the City Administrator or his/her designee or other City personnel in the enforcement of this Article may be appealed to the Board of Adjustment by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.9 GENERAL SIGN PROVISIONS.
The provisions of this section shall be applicable to all signs hereafter erected, constructed, displayed, altered or repaired on any premise under the jurisdiction of the City.
Height of Signs.
The vertical height of a sign shall be measured from ground level at the base of the sign to the highest part of the sign or its structure.
Wind and Dead Load Requirements.
All signs shall be designed and constructed to withstand a wind load of not less than thirty-two (32) pounds per square foot of area and shall be constructed to receive dead loads as required by building codes adopted by the City. The sign application must include a statement signed or a letter with an engineer’s seal that states compliance with this requirement.
Engineer’s Certification.
The following signs shall be designed, signed, and certified by a Texas registered engineer or other qualified Texas registered professional. He/she shall submit sufficient data to enable the building inspector to determine whether the sign complied with all applicable codes and ordinances:
Location of Business/Residential.
All business and residential locations shall be identified by an address, which is clearly visible from the street.
Illumination of Signs.
No sign shall be illuminated to such intensity to exceed a maximum of one (1) footcandle measured at the property line. No lighted sign shall be erected or displayed within 150 feet of a single-family residential zoned property unless the lighting is shielded from view.
Building and Electrical Codes Applicable.
All signs shall be constructed and maintained in conformity with all applicable provisions of the building code, electrical code or other applicable laws, ordinances, codes or regulations of the City.
Maintenance of Signs.
Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty-five feet (25') of such sign must be kept free and clear of debris, trash, and weeds or other refuse and shall be maintained by mowing or trimming of any vegetation.
Structural Sign Elements.
The structural elements of permanent signs shall be constructed of materials that are noncombustible and may be supported by noncombustible materials only and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Director. All electrical transformer boxes, raceways, exposed conduits shall be concealed from public view; exposed metal surfaces of the raceway shall be finished to match the background wall or integrated into the overall design of the sign.
Sign Clearance.
Notwithstanding any other provisions of City Code, all signs shall maintain a clearance of at least ten feet (10') when located over a public sidewalk and at least fourteen feet (14') when located over a driveway and shall extend no closer than eighteen inches (18") from the curb line of a public street, unless painted or mounted flat on the surface of an existing awning or canopy.
Sign Area.
The maximum effective sign area shall be the total square footage of a single face specified for each type of sign within this Article.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.10 WALL SIGNS.
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General.
Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or trees. In the Zoning Code, the terms “wall signs” and “primary signs” are interchangeable.
Maximum Area.
Table 12.10 Maximum Area of Wall Signs | |
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Properties fronting Limited Access Highways | 10% of the facade area or 300 square feet, whichever is less |
Properties fronting Major Arterials | 10% of the facade area or 125 square feet, whichever is less |
Properties fronting Minor Arterials | 10% of the facade area or 80 square feet, whichever is less |
Hillcrest District | Not Authorized |
Maximum Number of Signs.
The maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the first wall sign shall be a maximum seventy-five percent (75%) of the area of the first wall sign.
The maximum number of signs permitted for multi-tenant buildings shall be limited to one (1) per tenant or lease space except for those spaces located on the ends of buildings which may have one (1) additional wall sign to be located on the side wall of the structure and being a maximum of seventy-five percent (75%) of the area of the first wall sign. Multi-tenant buildings with the rear of the building directly adjacent to a public or private street or access drive may have one (1) additional wall sign located on the rear wall of the structure and being a maximum of twenty-five percent (25%) of the area of the first wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi-tenant development exceed a maximum of two (2) signs.
In lieu of one wall sign, one projecting sign or awning sign shall be allowed for each ground-level business or commercial establishment. Projecting signs shall be no greater than ten (10) square feet.
Roofline Limitations.
In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall signs may be attached to a continuous plane fascia if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure.
Illumination.
Wall signs shall be illuminated utilizing only internal lighting.
Projection.
Wall signs shall not project farther than twelve inches (12") from the building, excluding signs attached to canopies.
Adjacent Residential.
Wall signs shall not be located on any facade (other than the main front of the building) which faces property zoned for single-family or multifamily residential uses.
Content.
Only one message shall be used on a wall (primary) sign, either the name of the business or building. Address, phone numbers, products or other information shall not be included on a primary sign.
Corporate logos or registered trademarks may be used in a wall (primary) sign in addition to the business or building name. The logo or trademark shall be included in calculating the area of the sign.
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(Ord. 2017-04, passed 4-24-17)
§ 153.12.11 SUPPLEMENTAL STANDARDS FOR SIGNS IN MXD DISTRICT.
Location and Purpose.
Wall (Primary) signs are a building’s or business’s primary identification for people traversing the corridor. They are generally viewable by on-street traffic. Secondary signs complement the primary sign and provide more detailed information or give directions. Pedestrian-oriented signs are the primary identification for pedestrian traffic and are designed and located to reflect this human scale. This hierarchy of signs breaks down the information provided for buildings along the mixed-use corridors, so that messages are clearly communicated.
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Sign placement and building architectural design.
Signs shall not obscure architectural features. Their design shall be integrated with the design of the building:
Signs shall fit within the existing facade features, shall be confined to “signable areas,” and shall not interfere with door and window openings, conceal architectural details, or obscure the composition of the facade;
Signs shall be mounted in locations that respect the design of a building, including the arrangement of bays and openings;
Wall-mounted signs on friezes, lintels, spandrels, and fascias over storefront windows should be sized to fit within these surfaces and not extend above, below or beyond them. Typically, a wall-mounted sign should be centered on a horizontal surface (e.g., over a storefront opening).
Signage size and proportion.
Subject to the requirements of this Article, sign size shall be scaled to be appropriate with the size of the building on which it is placed and the area on which it is located. The size and shape of a sign shall be proportional with the scale of the structure. Legibility is critical to sign effectiveness and to the overall effect on the surrounding uses and the district.
Permissible Styles.
The following sign types are allowed:
Innovative or artistic signs.
Signs can make a positive contribution to the surrounding environment, as well as help identify and define a district, area or neighborhood. Imaginative and innovative sign designs are considered a community enhancement.
Creative, detailed, artistic and unique signage is permitted and will be considered in the context of the building on which the sign will be located, surrounding uses, sign design (color, materials, scale, detailing), and appropriateness in meeting and reinforcing the goals and purposes of the MXD district.
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Individual cut-out letters or graphics mounted directly on a wall or contrasting surface, and projecting no more than twelve (12) inches from the wall or contrasting surface.
Letters or graphics mounted, carved, or painted on a contrasting surface that forms the outline of the sign.
Nonilluminated letters or graphics painted or mounted directly on an interior window surface. Interior window signs should not exceed the lesser of ten (10) square feet or 30% of the area of the window in which it is mounted.
Architecturally integrated sign boards.
Materials and mounting.
All signs shall be securely mounted.
No signs, except flags and pedestrian signs shall be suspended by chains or other devices that would allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on the sign face or supporting members or connections.
Box and cabinet signs shall not be used.
The sign must be made up of at least one of the following materials:
Wood (carved, sandblasted, etched, and properly sealed, primed and painted or stained);
Metal (formed, etched, cast, engraved and properly primed and painted or factory coated to protect against corrosion);
High density pre-formed foam or similar material if properly designed in a manner consistent with these guidelines and painted or otherwise finished;
Custom neon tubing in the form of logos or lettering.
Secondary Signs.
The following Secondary Signs shall be allowed on buildings in the MXD district:
One secondary or rear entrance sign at each such exterior entrance, stating the name of the business or primary commercial establishment, and not exceeding ten square feet;
One directory sign at each common entrance to a building serving multiple businesses and commercial establishments, stating the name and suite number of each business or commercial establishment. The total sign area shall not exceed six square feet;
Restaurants and cafes (not providing drive-thru service) shall be permitted one wall-mounted display, not exceeding four square feet, featuring the actual menu used at the dining table, to be contained within a shallow wood or metal case. The display case shall be attached to the building wall and may be lighted.
Pedestrian Signs.
Each ground level business or commercial office building shall be allowed one pedestrian sign. Pedestrian-oriented signs should be located on entry awnings, directly above business entrances, or projecting/hanging adjacent to entrances.
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Pedestrian signs are limited to five square feet; shall be a minimum of seven feet at its lowest point above the ground or sidewalk.
In lieu of the pedestrian sign, one wall mounted, nonilluminated sign, not larger than three square feet may be placed at the primary entrance of each ground level business or commercial establishment. The tallest point of this sign shall not exceed seven feet from the ground or sidewalk.
Each primary business entrance or major building entrance for a multi-tenant building may have an address displayed on or above the door.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.12 SUPPLEMENTAL STANDARDS FOR SIGNS FOR WONDERLAND SIGN OVERLAY DISTRICT.
Wonderland Sign Overlay District.
The Wonderland Sign Overlay District is defined as the primary property and outparcels bounded by IH-410 to the North, North Crossroads to the East and Crossroads Blvd. to the South, and Fredericksburg Road to the West, but not including the property owned by Target Corporation.
No pole or monument signs shall be permitted except for up to four multi-tennant signs and one pole sign fronting IH-410. In addition, monument signs are authorized for outparcels that front one of the peremeter [perimeter] roads; no more than one monument sign per platted lot.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.13 FREESTANDING GROUND SIGNS.
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General.
Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all freestanding ground signs.
Minimum Setback.
The minimum setback of all freestanding ground signs shall be fifteen feet (15') from any property line.
Maximum Height.
The maximum height of a freestanding ground sign shall not exceed the following:
Table 12.13A Maximum Height of Freestanding Ground Signs | |
|---|---|
Properties fronting Limited Access Highways | 35 ft. |
Properties fronting Major Arterials | Not Authorized |
Properties fronting Minor Arterials | Not Authorized |
Hillcrest District | 8 ft. |
Properties in M-3 District | Not Authorized |
Note: Freestanding ground signs are only permitted on properties along Interstate Highways 10 and 410 and in the Hillcrest District.
Maximum Area.
Freestanding ground signs shall not exceed the following:
Table 12.13B Maximum Area of Freestanding Ground Signs | |
|---|---|
Properties fronting Limited Access Highways | 300 sq. ft. |
Properties fronting Major Arterials | Not Authorized |
Properties fronting Minor Arterials | Not Authorized |
Hillcrest District | 48 sq. ft. |
Properties in M-3 District | Not Authorized |
Note: Freestanding ground signs are only permitted on properties along Interstate Highways 10 and 410 and in the Hillcrest District.
Number of Signs.
The maximum number of freestanding ground signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with section 153.12.13 [section 153.12.15] of this Article in which case a freestanding ground sign will not be permitted.
Material Requirements.
All freestanding ground sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. Sculpted aluminum sign panels will be allowed. In the Hillcrest District, masonry material is not required, however ornamental tops to the pole or sign shall be required.
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Front lit signs in Hillcrest District.
Front lit signs are authorized in the Hillcrest District. Back-lit signs are not permitted. Front lit signs may not be illuminated no earlier than 7:00 a.m. and no later than 9:00 p.m. All front lit signage is required to have a working automatic timer.[1]
[1]
Editor’s note–Renumbered for sequence.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.14 MONUMENT SIGNS.
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General.
Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all monument signs that are allowed under this Article.
Maximum Height.
The maximum height of a monument sign shall be five feet six inches (5' 6").
Maximum Area.
The maximum area of a monument sign shall not exceed fifty (50) square feet.
Number of Signs.
The maximum number of monument signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with section 153.12.13.
Minimum Setback.
The minimum setback of all monument signs shall be fifteen feet (15') from any property line.
Material Requirements.
All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure.
Illumination.
Monument signs shall only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way.
Driveway Entrances.
Freestanding nonresidential street address signs at driveway entrances are limited to one (1) monument sign per driveway entrance not to exceed twelve (12) square feet in area, and three feet (3') in height.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.15 MULTI-TENANT SIGNS.
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General.
The provisions of this section shall be applicable to all signs located within developments consisting of shopping centers, as defined within this Zoning Code, and all other similar multi-tenant developments. Multi-tenant signs designed as monument signs shall meet the requirements of this section.
Maximum Height.
The maximum height of a monument sign within a multi-tenant development shall not exceed the following:
Table 12.15 Maximum Height of Multi-tenant Signs | |
|---|---|
Properties fronting Limited Access Highways | 20 feet |
Properties fronting Major Arterials | 18 feet |
Properties fronting Minor Arterials | 15 feet |
Hillcrest District | 8 feet |
Properties in M-3 District | Not Authorized |
The monument base shall be a minimum of eighteen inches (18") in height measured from ground level at the center of the base to the top of the base. The overall height shall not exceed the maximum heights listed above, including monument base.
Maximum Area.
The maximum area of a multi-tenant monument sign shall be equivalent to one percent (1%) of the gross building square footage within the shopping center with a maximum of 150 square feet. Exception: Hillcrest District maximum is 48 square feet.
Maximum Number.
The maximum number of multi-tenant monument signs shall be limited to one (1) per platted lot per street frontage.
Monument Sign Design.
Each multi-tenant monument sign shall be designed so as to provide adequate sign spaces for each tenant within the development. The developer shall be responsible for determining the adequacy and size necessary to meet the requirements of this section.
Minimum Setback.
The minimum setback of all multi-tenant monument signs shall be fifteen feet (15') from any property line.
Material Requirements.
All multi-tenant monument signs shall be constructed of masonry material consisting of brick, stone or split face concrete block which shall be consistent in nature with the overall theme of the development. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure.
Illumination.
Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way.
(Ord. 2017-04, passed 4-24-17; Am. Ord. 2018-16, passed 10-22-18)
§ 153.12.16 ELECTRONIC SIGNS.
General.
Electronic signage shall be permitted in-lieu of any permitted freestanding or monument signs on a property. In the event that an electronic sign is permitted for a property, no other additional freestanding or monument sign shall be permitted.
Maximum Height.
The maximum height of an electronic sign shall be no taller than the sign type authorized in respective district.
Maximum Area.
The maximum area of an electronic sign shall not exceed the area authorized in the respective district.
Number of Signs.
The maximum number of electronic signs shall be limited to one (1) per platted lot. No other on-premise freestanding signs shall be permitted.
Minimum Setback.
The minimum setback of all electronic signs shall be fifteen feet (15') from any property lines.
Material Requirements.
All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. All sign text and graphic elements shall be limited to a minimum of six inches (6") from the outer limits of the sign structure.
Illumination.
All digital displays shall be illuminated at a level no greater than 0.3 footcandles over ambient light levels for the location and time and shall employ light cutoff devices such as, but not limited to, louvers in order to minimize light escaping above the horizontal plane. Footcandle readings shall be measured at ground level at the distances shown below.
Sign size (square feet) | Distance from source |
|---|---|
0 to 100 | 100 feet |
101 to 350 | 150 feet |
351 to 650 | 200 feet |
Over 651 | 250 feet |
As measured from the nearest residential property line, the maximum light emanation from an adjacent digital sign display shall be 0.2 footcandles.
A digital display sign must be equipped with both a dimmer control and a photocell which automatically adjusts the display’s intensity according to natural ambient light conditions.
The digital display shall contain a default mechanism to turn the sign off in case of malfunction or shall be manually turned off within twenty-four (24) hours of a reported malfunction.
Location Restrictions.
No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes.
Additional Restrictions.
Any change of pictures or information on the electronic sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation.
Any change of pictures or information on the message board sign shall not change more often than once every four (4) seconds.
Any sign picture or information shall not have a solid white background between the time period of thirty (30) minutes after sunset and thirty (30) minutes before sunrise.
No electronic signs shall be permitted in the Hillcrest District.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.17 DIRECTIONAL SIGNS.
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General.
This section shall be applicable to any on-premise sign that directs the movement of traffic on private property within developments or warns of obstacles, overhead clearances, or controls parking.
Maximum Height.
Directional signs shall have a maximum height of three feet (3').
Maximum Area.
Directional signs shall not exceed a maximum area of twelve (12) square feet.
Maximum Number.
The maximum number of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at a rate of one (1) sign for every 10,000 square feet of building area.
Location Restrictions.
Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.18 SUBDIVISION ENTRY SIGNS.
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General.
The provisions of this section shall be applicable to all subdivision entry signs identifying a residential or mixed use development.
Maximum Height.
Subdivision entry signs shall be monument signs and shall have a maximum height of six feet (6') in height.
Maximum Area.
The maximum area of a subdivision entry sign shall not exceed thirty-two (32) square feet per sign face.
Maximum Number of Signs.
No more than one (1) subdivision entry sign shall be permitted at the primary subdivision entrance. Secondary entrances may have one (1) subdivision entry sign per entrance which shall be a maximum of seventy-five percent (75%) of the size of the primary entrance sign.
Placement of Sign.
A subdivision entry sign may be located on a median at the street entrance if approved in writing by the City Administrator.
Subdivision Entry Feature.
A subdivision entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and/or decorative fencing in combination with the subdivision entry sign may be constructed at the primary subdivision entrance provided, however, that the maximum area containing the subdivision sign shall not exceed thirty-two square feet (32') per sign face.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.19 PRICE-PER-GALLON DISPLAY.
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General.
All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, shall not scroll or flash.
Minimum Letter Height.
The minimum height allowed for price-per-gallon display signs shall be six (6") inches for the fuel classification (i.e. “unleaded,” “diesel,” etc.).
Maximum Area.
Price-per-gallon displays shall not exceed two-thirds (2/3) of the permitted gross surface area per face of the general permitted sign.
Number of Signs.
Only one (1) price-per-gallon sign shall be permitted per site.
Illumination.
Only internal illumination may be utilized for fuel classification and price-per-gallon signs.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.20 TEMPORARY SIGNS.
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General.
Notwithstanding any other provisions of this Article, this section shall be applicable to all temporary signs identified in this Article.
Maximum Area.
The maximum area permitted for temporary signs shall not exceed the following:
Table 12.20A Maximum Area of Temporary Signs | |
|---|---|
Properties fronting Limited Access Highways | 32 sq. ft. per face or 10% of the building facade, whichever is less |
Properties fronting Major Arterials | 24 sq. ft. per face or 7% of the building facade, whichever is less |
Properties fronting Minor Arterials | 16 sq. ft. per face or 5% of the building facade, whichever is less |
Hillcrest District | 16 sq. ft. per face or 5% of the building facade, whichever is less |
Properties in M-3 District | Not Authorized |
Maximum Height.
The maximum height permitted for temporary signs shall not exceed the following:
Table 12.20B Maximum Height of Temporary Signs | |
|---|---|
Properties fronting Limited Access Highways | 6 feet |
Properties fronting Major Arterials | 4 feet |
Properties fronting Minor Arterials | 3 feet |
Hillcrest District | 3 feet |
Properties in M-3 District | Not Authorized |
Minimum Setback.
The minimum setback for all temporary signs shall be fifteen feet (15') from any property line.
Time Limitations.
The maximum cumulative time that temporary signs may be displayed at one location is one hundred eighty (180) days per calendar year. No property or business shall display more than two (2) temporary signs at a time. The text of any one sign may not be displayed more than thirty (30) days per calendar year. No temporary sign permit(s) shall be issued for the same property or business for a period of fourteen (14) days after the expiration of the previous permit.
Number of Signs.
No more than two (2) types of temporary signs shall be permitted per business or tenant at any given time.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.21 DEVELOPMENT SIGNS.
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Maximum Area.
Development signs shall not exceed sixteen (16) square feet.
Maximum Height.
Development signs shall not exceed six feet (6') in height.
Number of Signs.
Each development shall be permitted no more than one (1) sign per commercial development per street frontage, or one (1) sign per entry of a residential subdivision not to exceed two (2) signs.
Duration.
Development signs shall be installed at any time after the issuance of the building permit for a commercial development or after approval of the final plat for a residential subdivision. The development sign must be removed within six (6) months or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or seventy-five percent (75%) of development of a residential subdivision, whichever is less.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.22 REAL ESTATE SIGNS.
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Applicability.
Real estate signs meeting the requirements of this section shall be exempt from the permitting requirements of this Article.
Maximum Height.
The maximum height for commercial real estate signs shall not exceed five (5') feet for freestanding ground signs and must be below the roof line for wall signs.
Maximum Area.
The maximum area of a commercial real estate sign shall not exceed six (6) square feet if the front lot line is under 500 linear feet. The maximum area of a commercial real estate sign shall not exceed sixteen (16) square feet if the front lot line is 500 linear feet or greater. Residential real estate signs shall not exceed six (6) square feet in area.
Maximum Number of Signs.
The maximum number of real estate signs shall be limited to one (1) per lot per street frontage.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.23 BANNERS OVER PUBLIC RIGHTS-OF-WAY.
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General.
Banners may be erected over public rights-of-way within the City with the approval of the City Administrator or his/her designee. The applicant shall be responsible for securing any and all necessary permits to erect a banner over a TxDOT right-of-way and shall provide such information to the City with the application for a banner permit.
Restrictions.
Banners over public rights-of-way shall be permitted only for noncommercial or charitable events that are of general interest to the community as a whole and shall be restricted to nonprofit or governmental entities.
Responsibility.
The applicant shall be responsible for the erection of any banner over public rights-of-way. The banner shall be inspected by the City to ensure the banner is adequately secured. The applicant shall be responsible for removal of any banner erected over public rights-of-way.
Maximum Banner Size.
The maximum area of a banner shall not exceed 144 square feet. The standard banner size shall be four feet (4') wide by thirty-six feet (36') long. Variations to the standard banner size may be approved by the City Administrator or his/her designee when differing variations are necessary to contain the entire message within the banner. In no case shall the area exceed the maximum area identified in this section.
Time Limitations.
Temporary banners over Public Rights-of-Way shall be permitted for a maximum of 30 days per event per calendar year.
(Ord. 2017-04, passed 4-24-17)
§ 153.12.24 NONCONFORMING SIGNS.
Purpose.
A sign or sign structure that legally existed prior to the adoption of this Code, but which could not be initiated under the terms of this Code is considered a legal nonconforming sign. A legal nonconforming sign may continue to exist subject to the following.
Removed or Damaged Sign.
Any legal nonconforming sign or sign structure that is removed or is destroyed may only be replaced with a conforming sign. Any nonconforming sign structure which is damaged beyond 50% of its replacement’s value shall be removed at the operator’s expense.
Change of Use, Occupancy, Tenancy or Ownership.
Where a change in use, occupancy, tenancy or ownership occurs which necessitates the altering of a sign in any manner (not including copy change), the altered or changed sign shall conform to all ordinances.
General.
A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article and[:]
was in existence and lawfully located prior to the adoption of this Article;
was in existence and lawfully located and used in accordance with the provisions of the prior law, ordinance, code or regulation applicable thereto or which was considered legally nonconforming there under and has since been in continuous or regular use;
was in existence, located and used on the premises at the time it was annexed into the City and has since been in continuous use; or
was in existence and lawfully located and used as an off-premise sign prior to or on August 3, 2009.
Registration.
Except as to signs constructed before August 3, 2009, it shall be unlawful for any person to maintain any nonconforming or off-premise sign within the corporate limits of the City or its ETJ without having a valid registration number affixed thereto as required in this section as follows:
Application.
To register a nonconforming sign or off-premise sign, application shall be made to the City Administrator or his/her designee on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the City Administrator or his/her designee.
Issuance of Registration Number.
If the City Administrator or his/her designee determines that the nonconforming or off-premises sign is a lawfully nonconforming or off-premises sign, he/she shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off-premises sign.
Invalidation of Registration.
The City Administrator or his/her designee shall invalidate any registration for a nonconforming or off-premise sign when:
(Ord. 2017-04, passed 4-24-17)
§ 153.12.25 LICENSES.
Licenses Required.
Required.
It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the City Administrator or his/her designee.
License.
It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under subsection b. below.
A maintenance person who performs work upon a property with more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor.
It is unlawful for any person to:
display or cause a permit to be displayed or to have in one’s possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered;
lend or permit the use of any license for doing any construction work to any person not entitled to it;
fail or refuse to surrender to the City Administrator or his/her designee any license for any construction work that has been suspended or canceled;
apply for or have in one’s possession more than one current City construction license of the same type;
use a false or fictitious name or address in any application for any license or permit provided for in this Article or any renewal or duplicate, or make a false statement or conceal a material fact or otherwise commit fraud in making any application;
perform any construction work in the City for which a license is required without having the license or while the license is suspended, expired or canceled;
perform any construction work for which a permit is required without having the permit or after the permit has been suspended, canceled or expired;
fail or refuse to make the necessary repairs or changes as provided in a written notice issued by the City Administrator or his/her designee. A separate offense is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected; or
place or leave a property in such condition that it injures or endangers persons or property.
Insurance Required.
It is the duty of all sign contractors who practice their craft within the City to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file with the Community Development Department of the City or the sign contractor’s license may be revoked. The insurance shall include a minimum of:
$300,000.00 per occurrence (combined for property damage and bodily injury);
$600,000.00 aggregated (total amount the policy will pay for property damage and bodily injury coverage); and
$300,000.00 aggregate for products and completed operation.
A licensed applicant or licensee shall file with the Community Development Department a completed certificate of insurance when applying for an initial license registration, when changing a business name, or upon request by the City Administrator or his/her designee. |
The City Administrator or his/her designee, within 30 days after the receipt of the completed application, shall issue the license or give a written refusal setting out the reasons for refusal.
Application.
A written application for a sign contractor’s license will be submitted to the Community Development Department on a form prescribed by the City along with the required initial fee and evidence of two (2) years experience to include the following:
required initial fee (as established by City Council);
renewal fee (as established by City Council);
completed application;
reference from one (1) financial institution;
reference from two (2) suppliers; and
reference from three (3) customers with work performed within the last two (2) years.
Renewal.
All renewals shall be due January 1st of each year. Failure to renew within thirty (30) days after the renewal date shall require the applicant to reapply for license at the initial fee rate.
Revocation.
Any license issued under this section may be suspended or revoked by the City Administrator or his/her designee for the following:
The City Administrator or his/her designee may suspend the license of a person who has been convicted two (2) times within a one-year (1) period of any violation of this Article or other laws, ordinances, codes or regulations applicable hereto.
If the City Administrator or his/her designee decides to suspend a sign contractor’s license, the Director shall notify the licensee of the suspension by first class mail to the licensee’s last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three (3) days after posting.
The licensee may appeal a suspension decision to the BOA by filing a written request within ten (10) days after receiving notice of the suspension. The BOA shall hold a hearing to determine whether the suspension decision should be sustained or reversed.
If a licensee’s license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws, ordinances, codes and regulations applicable hereto, the City Administrator or his/her designee shall notify the BOA. The BOA shall then hold a hearing to consider cancellation of the license.
Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws, ordinances, codes and regulations.
Appeal.
A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the Board of Adjustment within ten (10) days.
Electrical License.
It shall be unlawful for any person to install and connect electrical systems for a sign within the City without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work.
Electrical License Registration.
Electrical contractors shall register with the City’s Community Development Department as follows:
Registration of Company.
Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount established by the Texas Department of Licensing and Regulation (TDLR) for electrical contractors.
Application.
A written application to register an electrical company, along with the established filing fee, shall be submitted to the Director on a form prescribed by the City.
Renewal.
All registered electrical companies shall renew their registrations annually. All renewals shall be due January 1st of each year.
Exception: Licensed sign contractors who hold an electrical license issued by TDLR and who submit a copy of such license with their application, and do not work as an independent electrical company, shall not be required to register as an electrical company. |
(Ord. 2017-04, passed 4-24-17)
§ 153.12.26 VIOLATIONS.
Unlawful Acts.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to be done in conflict with or in violation of any of the provisions of this Article.
Notice of Violation.
The City Administrator or his/her designee is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing or demolition of a sign in violation of the provisions of this Article or in violation of a permit issued under the provisions of this Article. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(Ord. 2017-04, passed 4-24-17)