Denton City Zoning Code
ARTICLE IX
Signs.
§ 128-141 Purpose and Intent.
Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. This Article intends to regulate all signs within the Town of Denton to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:
A.
Setting standards and providing uniform controls that permit reasonable use of signs and preserve the existing character of Denton.
B.
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.
C.
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
D.
Establishing a process for the review and approval of sign permit applications.
§ 128-142 General sign regulations.
A.
For this Article, signs are recognized to present unique problems and conditions. Therefore, the following regulations and restrictions are intended to ensure that signs, which, because of their nature, size, structure, design, color, lighting, or location, will not create an adverse effect on surrounding properties and the community in general.
B.
After the effective date of this Article and unless herein excepted, no sign shall be erected, constructed, posted, painted, altered, maintained, or relocated except as provided in this section and these regulations until a permit has been issued by the Director of the Department of Planning and Codes, henceforth known as "the Director," or his/her designee. The Director or his/her designee shall be responsible for providing an application. Before any permit is issued, an application shall be filed, together with a sketch, drawing, or specification as may be necessary to fully advise and acquaint with the location, construction, materials, manner of illuminating, securing, or fastening, and number of signs for which approval is sought.
C.
For this Article, signage area, height, and location shall be in accordance with the following:
(1)
The signage area shall be based on the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the sign surface. The signage area for individual letters and logos shall be measured individually, and the total area of all letters and logos shall constitute the signage area. Signage support and framework shall not be included in the signage area calculation. Signs with two faces no more than two feet apart shall be considered as one signage area.
(2)
Sign height shall be measured from the adjacent grade, paved walk, or vehicular surface to the lowest and/or highest point of the sign.
(3)
Setbacks for freestanding signs shall be a minimum of ten (10) feet.
(4)
No sign shall be installed or constructed extending over or above the roof or parapet of a building or into a public right-of-way or street.
D.
The Director or his/her designee shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee or responsible party of either the site or the sign fails to correct the violation within thirty (30) days after receiving a written notice of violation from the Director or his/her designee. Removal of a sign shall not affect any proceedings instituted prior to removal of such sign, including but not limited to formal enforcement activities and/or imposition of fines.
E.
Any unpaid expenses associated with enforcement activities, including the imposition of fines and the cost of correcting violation(s), shall be subject to lien against the property. The procedure for an appeal of violation(s) is established in accordance with Chapter 94, Property Maintenance.
F.
Nonconforming signs may not be enlarged, substantially altered, moved, or replaced except to bring the sign into conformity with these regulations. For this Article, a nonconforming sign may be repaired and renovated to the original sign specifications.
H.
Restrictions.
(1)
No signs, banners, pennants, streamers, spinners, or similar devices constructed of cloth, fabric, cardboard, metal, or other like material displayed for purposes shall be erected except where the Director or his/her designee has authorized such use or is otherwise permitted by these regulations.
(2)
No sign shall be constructed, erected, or otherwise installed within a required buffer area, forested, or similar conservation easements or area or create a hazard or unsafe condition, including but not limited to the safety of vehicular and pedestrian traffic.
(3)
All signs and supporting structures shall be maintained in good condition and appearance. After due notice has been given, the Director or their designee may cause to be removed any sign which shows gross neglect or becomes dilapidated.
(4)
Where permitted by these regulations, illumination shall meet the standards and regulations as provided for in Article XI, Outdoor Lighting.
(5)
All signs shall comply with the yard setback requirements of the district in which they are located, except that freestanding signs shall be setback a minimum of ten (10) feet from the front property line.
(6)
The owner and/or tenant of the premises shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations.
(7)
Except in the Historic Overlay Zone, where Historic and Architectural Review Commission review and approval is required, repainting and changing the message of a sign shall not, in and of itself, be considered a substantial alteration.
(8)
For the purposes of enhancing the visibility of a sign, no person may damage, trim, destroy, or remove trees, shrubs, or vegetation located within:
(a)
The right-of-way of any public street or road without express written authorization of the owner of the right-of-way;
(b)
On any other property other than under direct ownership or control of where the sign is located; or
(c)
In any area where such vegetation is required as part of the Critical Area regulations.
(9)
Off-site signage. "Off-site signage" shall mean signage of any material or vehicle advertising a business, event, or activity that is not physically and permanently located on the lot or parcel where signage is displayed. No off-site signage is allowed except as permitted in § 128-143, Sign Types and Dimensional Regulations, and § 128-142I of this Code.
(10)
Temporary signage. Unless permitted by the regulations under § 28-142I of this Code, temporary signage shall be defined as any signage, temporary in nature, including vehicles or signage constructed or fabricated of posters, paper, plastic, cardboard, fabric, or similar types of materials, installed for ninety (90) days or less. Any signage installed and in use for greater than ninety (90) days shall be determined as permanent and shall comply with this Code.
(11)
Vehicle signage. No vehicle shall be used as permanent signage, on-site or off-site, except as permitted in § 128-143, Sign types and dimensional regulations, and the following:
(a)
For this Code, vehicle signage permitted by § 128-143 is considered permanent if located on a parcel or lot more than the time as established in § 128-142H(10) of this Code.
(b)
All vehicle signage, whether the use is temporary or permanent, shall be properly licensed and registered, operable, maintained in clean and good condition, and parked or stored on a fully stabilized surface intended for vehicles. "Stabilized surface" shall mean any surface such as asphalt, concrete, gravel, grass-pave, or similar construction for the parking, storage, or driving of vehicles.
I.
Use regulations. The following sign uses, and no other, are permitted, provided the regulations as set forth in Subsections C and H are met:
(1)
Professional, accessory use, or name signs indicating the profession or activity of a dwelling, or signs indicating the private nature of a driveway or property, providing that no more than two such signs shall be located along one road frontage and that the combined area on one side of such sign or signs shall not exceed two (2) square feet.
(2)
Identification signs, announcement signs, or bulletin boards relating to a religious institution, educational facility, hospital, municipal or government facility, charitable or civic institution, or facility, providing that not more than one sign shall be placed on any street frontage of any one property.
(3)
Official signs erected by a public authority or public utility, such as, but not limited to, highway signs, railroad crossing, hazard, and other signs that may be required by a governmental or public utility authority or agency in connection with the identification, operation or protection of property, persons, or activity.
(4)
Property owners may place warning signs to warn of dangers, such as, but not limited to, hidden driveways and traffic directions on private drives.
(5)
Directional signs relating to a use located in the Town may be erected off-site. These signs shall not include more than the name, direction, and nature of the business activity referred to. Each sign shall have not more than four (4) square feet on each side.
(6)
Legal notices, such as, but not limited to, signs used to post property to prevent trespassing, hunting, trapping, etc.
(7)
Signs for drive-thru service, including but not limited to menu boards, order stations, instructional, and directional signs, are permitted without limitation.
J.
Temporary Signs.
(1)
Temporary Signs located on private property are exempt from standard permit requirements. Temporary signs that comply with the requirements of this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property.
(2)
(3)
Duration and Removal.
(a)
All temporary signs must be removed within ninety (90) days of the date of installation.
(b)
The Town or the property owner may confiscate signs installed in violation of this chapter. Neither the Town nor the property owner is responsible for notifying sign owners of the confiscation of an illegal sign.
(4)
Permission: the party posting the temporary signs is solely responsible for obtaining the permission of the property owner before posting their temporary sign.
(5)
Municipal Notification: Temporary signs are exempt from the standard permit requirements.
(6)
Installation and Maintenance.
(a)
All temporary signs must be installed such that in the opinion of the Town, they do not create a safety hazard.
(b)
All temporary signs must be made of durable materials and shall be well-maintained.
(c)
Temporary signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.
(7)
Illumination: Illumination of any temporary sign is prohibited.
(8)
For Sale or Rent.
(a)
In addition to the temporary signs provided for in subsection J(2), up to two (2) additional temporary signs may be located on a property when the owner consents and that property or unit is being offered for sale or rent through a licensed real estate agent or if for sale or rent by the owner through public advertising.
(i)
No more than one (1) sign may be installed per street frontage on a property by any one real estate organization. The sign shall be removed promptly when the properties are sold or rented.
(b)
The additional temporary sign provided for in this subsection shall apply to both non-residential and residential properties.
K.
Temporary special event, sale, and grand opening signs for which the Town has issued a permit shall be erected in accordance with the following:
(1)
In addition to the temporary signs permitted in J(2), a carnival, fair, circus, festival, or similar event may locate temporary banners, flags, pennants, streamers, and similar signs provided.
(a)
Signs are displayed not sooner than four (4) weeks prior to the event and removed no more than three (3) days after the event or as specified in the permit, whichever is longer.
(b)
Total signage area per sign is limited to 32 square feet.
(c)
Signs advertising such events may be erected and located off-site, provided no more than a total of four (4) signs are erected or installed, one sign per any given parcel, not exceeding thirty-two (32) square feet in signage area per sign, and written property owner permission is obtained.
(2)
Banners, flags, pennants, streamers, and similar signs may be erected and installed for special sales and grand openings, provided signage does not indicate prices subject to the following:
(a)
Signs shall be removed no more than three (3) days after the event or as specified in the permit, whichever is longer.
(b)
Total signage area per sign is limited to 32 square feet.
(c)
Signs advertising such events may be erected and located off-site, provided no more than a total of four (4) signs are erected or installed, one sign per any given parcel, not exceeding thirty-two (32) square feet in signage area per sign, and written property owner permission is obtained.
(3)
Flag and pennant signs shall be in accordance with the following standards:
(a)
Shall not exceed eight (8) square feet for each 10 linear feet of street frontage;
(b)
In connection with a commercial promotion or as an advertising device, providing only such information to identify the business located on the property;
(c)
Shall be maintained in accordance with the safety and maintenance standards of these regulations.
§ 128-143 The Official Tables of Sign Types and Dimensional Regulations.
A.
The Official Tables of Sign Types and Dimensional Regulations is now included as an attachment to this Article.
§ 128-144 Variances.
§ 128-145 Master Sign Plans.
A.
Subject to following, the Planning Commission may approve a Master Sign Plan for a new shopping center, big-box store, commercial medical center in the Regional Highway Commercial (RHC) zoning district, and industrial park that complies with the standards referenced in the Official Tables of Sign Types and Dimensional Regulations, Tables 5C and 5D as part of the site plan approval process where it determines the Master Sign Plan will ensure an attractive and harmonious appearance throughout the center or big-box store.
(1)
A Master Sign Plan shall include a detailed overall design and treatment of signs throughout the shopping center, big-box store, commercial medical center, or industrial center. At a minimum, the Master Sign Plan shall include:
(2)
All signs within the shopping center, big-box store, commercial medical center, or industrial park shall be controlled by written agreement between the owners and tenants.
(3)
The Planning Commission may only allow the size and number of signs to exceed what otherwise would be required where the referenced tables state as determined by the Planning Commission. The Planning Commission may not allow freestanding signs exceeding a height of thirty (30) feet.
B.
Comprehensive sign redevelopment. The Planning Commission may approve a Master Sign Plan as provided in Subsection A for individual signage in existing shopping centers, big-box stores, commercial medical centers, and industrial parks.
(1)
"Comprehensive sign redevelopment" shall be defined as any design change of all signage in the center.
(2)
Sign redevelopment. For this section, "sign redevelopment" shall mean the comprehensive design and replacement of all existing signs in a shopping center, big-box store, industrial center, and commercial center in conformance with an approved Master Sign Plan.
C.
Amendment. A master sign plan may be amended by filing a new master sign plan that conforms with all requirements of this Ordinance.
§ 128-146 Fees.
For establishment and payment of fees, any signage review by the Planning Commission shall be based on the fee as established for a minor site plan review. Signage permit fees shall be considered a separate fee from this review.