Ferris City Zoning Code

SIGN REGULATIONS

§ 154.080 PURPOSE OF SUBCHAPTER.

The purpose of this subchapter is to provide uniform sign regulations for the City of Ferris, and its provisions shall be held to be the minimum requirements in the installation, erection, location, alteration, replacing, improving and maintenance of all signs. It is further intended to encourage signs which are well designed; which preserve locally recognized values of community appearance; which protect public investment in and the character of public thoroughfares; which aid in the attraction of shoppers and other visitors who are important to the economy of the city; which reduce hazards to motorists and pedestrians traveling on the public roadways; and thereby to promote the public health, safety and welfare.

(Ord. O-12-743, passed 12-3-2012)

§ 154.081 SIGN DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN.

(1) Any sign which pertains to a time, event or purpose which no longer pertains;

(2) Any sign which was erected for or by the owner, occupant or business on a property and is now unrelated to the present use of this property;

(3) Any sign, except a real estate sign, which is located on property which becomes vacant and unoccupied for a period of 3 months or more.

ADVERTISING MATTER. The placement on, anchoring of or suspension from any building, pole sign, sidewalk, parkway, driveway, lawn, area or parking area of any goods, wares, merchandise or other advertising object which is, but not limited to, light, inflatable objects, pennants, or flags for the purpose of calling attention to it.

AWNING. An architectural projection, which provides weather protection, identity or decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached which may be of fabric or other materials may be illuminated. Sign text and logos on awnings are included in the wall signage area, but only the area of the sign (not the entire awning area).

BALLOON. A non-porous, flexible inflated device using inert gas or air as advertising matter.

BANNER SIGN. A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation's applied to paper, plastic, or fabric of any kind.

BILLBOARD. A 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. These signs are generally located off-premise.

BOARD OF ADJUSTMENT AND APPEALS. A Board composed of members appointed by the City Council to hear and rule upon variance requested to this subchapter. All appeals from this subchapter and from the building code relative to materials shall be reviewed and a recommendation made to the City Council. The Commission’s recommendation is advisory only. The City Council shall consider the appeal after receipt of the recommendation from the Board during a meeting of the City Council. The City Council’s decision shall be final.

BUILDER’S DIRECTIONAL SIGN. A sign providing direction or instruction to guide persons to sites where new homes are under construction, usually off-premise.

BUILDING OFFICIAL. The officer or other persons with the City of Ferris charged with the administration and enforcement of this subchapter.

BUSINESS SIGN. An on-site sign which directs attention to, and/or used to identify a business, profession, organization, institution, commodity, service, activity, entertainment, or other non-residential use conducted, sold, or offered on these premises, (site) where such sign is located, or within the building to which such sign is affixed.

CANOPY. A roof like structure that shelters a drive lane use such as, but not restricted to, a gasoline pump island. A CANOPY is open on 2 or more sides and may be supported by either columns or by being attached to the building to which it is accessory.

CHANGEABLE COPY SIGN. A sign that is utilized year round, but the copy is changed periodically, advertising different specials associated with retail sales.

CONSTRUCTION SIGN. A temporary sign identifying individuals or companies involved in the design, construction, wrecking, or improvements of the premises where work is under construction.

DECORATIVE FLAG. A flag or banner that contains no name, initials, logos, insignia or similar items, used to attract attention. Colored flags only.

DEVELOPMENT SIGN. A temporary on-site sign providing identification on information pertaining to residential or commercial development to include the builder, property owner, architect, contractor, engineer, or mortgage and project name.

DILAPIDATED OR DETERIORATED CONDITION. Where structural support or frame members are visibly bent, broken, dented, deteriorated or torn sign copy materials and or paint must be to such an extent that a danger of injury to persons or property is created, or where the sign or the structure is not in compliance with the building code adopted by the city.

DIRECTIONAL SIGN. Any sign, other than a highway marker or any sign erected and maintained by public authority, which is erected for the purpose of directing persons to a place, structure or activity not located on the same premises as the sign.

DIRECTORY SIGN. A sign listing the occupants of a building, or group of buildings on the same parcel, and/or identifying the location of and providing directions to any establishment on the same parcel.

ENCLOSED FRAME/CHANGEABLE COPY SIGN. (See CHANGEABLE COPY SIGN.)

ERECT. To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of the signs on the exterior surface of a building or structure.

FLAG. A piece of cloth or fabric usually rectangular in shape, of distinctive color and design, used as a symbol, a standard or signal to attract attention. Exemptions to this are patriotic flags, i.e. U.S., state, and city flags.

FLASHING SIGN. An illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when such sign is illuminated. For the purpose of this subchapter, any moving illuminated sign affected by intermittent lighting shall be deemed (to be) a FLASHING SIGN.

FRAMEWORK. A support structure which meets all existing wind and load requirements as stated in this Title 15, designed to secure a banner or an inter-changeable copy on all sides.

FREESTANDING SIGN. A sign not attached to a building. A FREESTANDING SIGN may be either a pole (pylon) sign or a monument sign.

GASOLINE PRICING SIGN. An outdoor advertising display with changeable copy letters and numerals that display the current price of fuel or gasoline for sale.

HEIGHT MEASUREMENT. The height of any sign shall be measured vertically at 90 degrees from the ground at the base of the sign.

ILLEGAL SIGNS. The Building Official or his or her designated representatives shall be authorized to abate or impound any temporary or permanent sign which is in violation of these regulations. Inclusive of advertising matter that constitutes a violation of this subchapter.

ILLUMINATED SIGN. A sign which has characters, letters, figures, or designs illuminated by electric lights, luminous/neon tubes or other means that are specifically placed to draw attention to, or provide nighttime viewing of, the subject matter on the sign face.

ILLUMINATION, INTERNAL. Lighting by means of a light which is within a sign having translucent background, silhouetting opaque letters or designs, on which are letters or designs, which are themselves made of translucent material.

ILLUMINATION, EXTERNAL. Lighting by means of an unshielded light source, (including neon tubing, etc.) which is effectively visible as an external part of the sign.

INCIDENTAL SIGN. Small sign, less than 2 square feet in surface area, of a non-commercial nature, intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephones and so forth. Also included in this group of signs are those designated to guide or direct pedestrians or vehicular traffic to an area or place on the premises of a business building by means of a directory designating names and addresses only.

LIGHTED SIGN. (See ILLUMINATED SIGN.)

LOGO. Any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company or product.

MAINTENANCE. All signs and support structures, together with all their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. No sign will be allowed to become frayed, discolored or torn.

MENU BOARD. A sign displaying the menu for a drive up window for a food establishment.

MESSAGE BOARD SIGN. A sign composed of a matrix of individual bulbs or lights which are capable of displaying lights in a running or continuous fashion so as to provide transient pictures or information.

MONUMENT SIGN. A permanent ground sign generally constructed out of brick, stone, or cast concrete foundation across the entire base of the structure not to exceed 7 feet in height, measured from the finished grade to the top of the sign.

MOVABLE SIGN. (See PORTABLE SIGN.)

NONCONFORMING SIGN. Any sign lawfully constructed which fails to conform to the provisions of this subchapter.

OFF-PREMISE SIGN. A sign which is issued or intended to be used to attract attention to activities, commodities, services or other endeavors not offered on the premise on which the sign is located.

ON-PREMISE SIGN. A sign which promotes or advertises activities, commodities, services, or endeavors which are offered on the premise on which such sign is located.

PENNANT. A wind device usually made of a lightweight plastic, fabric or other material whether or not containing a message of any kind, usually triangular in shape and attached to a single cord.

POLE SIGN. A freestanding sign supported by a pole or poles having no guys or braces to the ground or to any other structure.

POLITICAL SIGN. A temporary sign pertaining to any national, state, county or local election. A sign that supports an announced candidate, a political party, or an issue of political significance.

PORTABLE (OR MOVEABLE) SIGN. Those signs that are not firmly attached to the ground, a building, or other structure, and those that can be easily moved or carried about and reused numerous times at different locations.

PRIMARY SIGNAGE WALL. The wall determined to be the primary signage wall, subject to its incorporating either the major entrance or the common street address.

PROJECTING SIGN. A sign that projects from a building or wall, to which it is affixed, by more than 12 inches.

READER-BOARD SIGN. A changeable copy sign with strips attached to the face of the sign to hold removable displays letters and numerals for the purpose of identifying products sold or services provided by the related business tenant on the same premise.

REAL ESTATE SIGN. A temporary sign pertaining to the sale, lease or rental of real property.

ROOF SIGN. A sign erected upon or above a roof or parapet of a building or structure.

SECONDARY SIGNAGE WALL. The wall of a building which is determined to be of secondary importance to the single business or establishment occupying the premises, and only facing onto a street, right-of-way or parking lot.

SETBACK. The distance from the property line or right-of-way line of all streets adjacent to the premises on which the sign is located.

SIGN. Every sign, name, number, identificatio n, description, announceme nt, declaration, demonstrati on, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, affixed directly or indirectly to or upon any building, window, door or outdoor structure, calling attention to any object, product, service, place, or activity.

SIGN AREA. Calculation means the area of the sign to be computed by drawing a line or lines around the sign in such a way as to form a rectangle oriented horizontally. The sum square footage of these figures shall be considered as the total area of the sign face. A sign face may be single-sided or double-sided, as with a typical pole sign; however, to calculate the area of a multi-sided sign, the sum of all sides of the sign shall not exceed twice the area specified for sign face.

SIGN BOX. The rectangle used to calculate the sign area.

TEMPORARY SIGN. Any sign constructed of cloth, canvas, plastic, light fabric, wallboard or other material with or without frames intended to be displayed for a limited period of time only.

VEHICULAR SIGN. Any sign attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself.

VERTICAL BANNER. Any sign of a lightweight fabric or similar material that is mounted to a pole in a vertical fashion secured at top and bottom of banner.

WALL AREA. The area of the wall from the finished floor elevation (or top of foundation) to the top of the parapet wall or to the bottom of the eave, whichever is highest. This WALL AREA is as shown on the architectural elevation of the wall including glass area and recessed wall areas.

WALL AREA, MULTI-STORY BUILDING. The sign wall area calculation for multi-story buildings shall be based upon the height of the first story (including any mezzanine level).

WALL SIGN. A sign which is attached or affixed to the wall of a building or is an integral part of the wall of a building with the exposed face of the sign in a plane parallel to and not extending more than 12 inches from the wall. A WALL SIGN shall not extend above the wall/parapet to which the sign is attached. For the purpose of this section, awnings, canopy fascias, mansards extending along a building side shall be considered a part of the wall. The roof (including mansard and fake mansard roofs) and roof area are not included in the wall area.

WINDOW SIGN. A sign attached to, placed upon or painted on the window or door of a building which is intended for public viewing from the exterior of such building.

(Ord. O-12-743, passed 12-3-2012)

§ 154.082 ADMINISTRATION; ENFORCEMENT.

(A) Building Official. The provisions of this subchapter shall be administered and enforced by the Building Official, and such representatives as he or she may designate. All other officers and employees of the city shall assist and cooperate with the Building Official in administering and enforcing the provisions of this subchapter.

(B) Permits required. No sign shall be erected, re-erected, constructed, attached, altered or maintained, except as provided by this subchapter and after a permit for the same has been issued by the Building Official. A separate permit shall be required for a sign for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs.

(C) Application for permit. Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain a description of the proposed sign, any existing signs, the location by street and number of the proposed sign structure, the existing zoning of the property where the sign is to be placed, as well as the name, address and telephone number of the owner and of the registered sign contractor or erector. The sign contractor must be registered in the City of Ferris. The Building Official may require the filing of plans or other pertinent information where, in his or her opinion, such information is necessary to ensure compliance with this subchapter. Standard plans reflecting the proposed scope of work may be filed with the Building Official.

(D) Fees. Sign permit fees and plan review fees shall be paid in accordance with the sign permit fee schedule established by the Ferris City Council.

(E) Exemptions from sign permit fees. These exemptions shall not be construed as relieving the owner of any such sign from the responsibility of its erection and maintenance and its compliance with the provisions of this subchapter or any other law or ordinance regulating the same. The following signs or activities shall not require sign permits:

(1) Maintenance, painting, repainting or cleaning of an advertising structure or message thereon for an ongoing entity for which no structural changes are required. Painting, repainting or cleaning of an existing advertising structure or message for a new business is not included in this exception. Lighted signs are not included in this exception except for theater marquees and similar signs that are specifically designed for the use of replaceable copy.

(2) Political signs as defined § 154.087.

(3) Signs that are permitted through the Board of Adjustment and Appeals for special events outside sales and storage of merchandise.

(4) Church, charity and civic signs.

(5) “Now hiring” signs. Employment ads are exempt.

(6) U.S., Texas or patriotic flags.

(7) Window signs as defined in § 154.087.

(F) Sign maintenance required. All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.

(G) Double permit fee. The application fee or a sign permit shall be doubled when the installation or alteration of a sign is commenced or completed before the necessary permit is obtained.

(H) Time limit for exercise of sign permit. In all cases where a sign permit has been approved, the sign permit shall be obtained and the sign(s) erected within a period not to exceed 6 months from date of approval. In the event such sign or signs are not erected within this period the permit shall become null and void.

(I) Only permitted signs to be erected. No person shall erect, reconstruct, alter, relocate or place any sign within the city except such signs as are permitted by this subchapter. All signs, including the frames, braces or supports thereof, shall be constructed and maintained in compliance with this title, the building and electrical codes, this chapter and all other applicable ordinances of the city.

(J) Inspections. All signs for which permits are required shall be subject to inspection by the Building Official. Footing inspections may be required by the Building Official for all signs having footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code, and the electrical components used shall bear the label of an approved testing agency. The Building Official may order the removal of any sign that is not maintained in accordance with the provisions of this subchapter. All signs may be reinspected at the discretion of the Building Official.

(K) Fines for noncompliance. Violators of any provision of this subchapter shall be subject to fines set forth in this code and/or signs may be removed by agents and employees of the city and may be either stored or destroyed without liability to the city or its agents or employees. The owner of a sign confiscated by the city may claim the sign remaining in the custody of the city upon payment to the city of a onetime impoundment fee of $50 per sign and an administrative fee of $10 per sign per day.

(L) Exceptions by the Board of Adjustment and Appeals. In order to prevent or lessen practical difficulties and unnecessary hardship inconsistent with the objectives of this subchapter, the Board of Adjustment and Appeals may recommend exceptions from the regulations prescribed herein relating to the height, area, location or number of signs; in such cases, however, the following circumstances shall be found to apply:

(1) Any exception recommended for approval shall be subject to such conditions as will assure that the adjustment thereby recommended shall not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

(2) Due to special circumstances applicable to the subject property, including size, shape, topography, street frontage, location or surrounding land use; the size or height of the building on which the sign is to be located; the classification of the street or highway on which the sign is located or designed primarily to be viewed from, the strict application of sign regulations is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(M) Appeal; decision of Building Official. All questions of interpretation and enforcement shall be first presented to the Building Official and such questions shall be presented to the Board of Adjustments, only on appeal from the decision of the Administrative Official. Any person aggrieved by any interpretation or by any decision or ruling of the Building Official under this subchapter shall have the right to make an appeal to the Board of Adjustments. Notice of appeal shall be in writing and must be filed within 30 days. A fee of $250 shall accompany such notice of appeal. Such an appeal shall be considered at a Board meeting and shall be subject to the regulations contained herein for Board meetings.

(N) Board of Adjustment and Appeals appeal hearing. Within a period of 30 days from the filing of the appeal, the Board shall hear the appeal, together with the testimony of all parties concerned, and render a decision thereon within 3 days thereafter. In hearing such an appeal, the Board shall not have the power to waive or set aside the requirements of this subchapter, but shall have the power to interpret its provisions, and in case of alternate signage, shall determine whether such alternate signage is in fact equal to the standards of this subchapter, considering adequacy, stability, strength and safety to the public health and welfare.

(Ord. O-12-743, passed 12-3-2012)

§ 154.083 GENERAL SIGN REGULATIONS.

(A) Existing signs. Each establishment shall be entitled to sign area within the limitations as set forth herein. However, the area of all existing signs to remain on the premises occupied by the establishment shall be reported by the applicant and shall be added to the proposed new sign(s) for comparison with these limitations, which shall govern total sign area, existing and proposed.

(B) Setback limitation. At ground level, no part of any sign shall be located any closer than 10 feet from the back of the curb, nor shall any part of any sign overhang the property line into the public right-of-way or into the adjacent property.

(C) Street visibility triangle. No sign or other advertising structure shall be erected in the 25- foot by 25-foot visibility triangle at the intersection of 2 streets. The street visibility triangle is formed by the property lines and a diagonal line connecting them at points 25 feet from the intersection of the property lines in compliance with the provisions of § 154.045. Any sign projecting into the visibility triangle shall have a clearance of at least 11 feet above the centerline grades of the intersecting streets.

(D) Driveway visibility triangle. No sign or other advertising structure shall be erected in the 7-foot by 60-foot visibility triangle at the intersection of driveway with a street. The driveway visibility triangle is formed by the property line, the edge of the driveway and a diagonal line connecting a point 7 feet along the edge of driveway from the right-of-way and a point 60 feet along the right-of-way line from the edge of driveway. This driveway visibility triangle shall be in compliance with the provisions of § 154.045. Any sign projecting into the visibility triangle shall have a clearance of at least 10 feet above the centerline grades of the intersecting streets.

(E) Traffic hazard. No sign shall be erected at any location where, by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal device; or which makes use of the words “stop,” “go,” “caution,” “look,” “danger,” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

(F) Pedestrian hazard. All signs or other advertising structures, which are erected at any point where pedestrians might be endangered, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude therefrom. Pole signs must have a minimum vertical clearance from the ground of at least 11 feet.

(G) Lighting restrictions. Illuminated signs shall be erected in such a manner as not to interfere with traffic or pose other health or safety hazards.

(H) Wind pressure and dead load requirements. All signs shall be designed and constructed to withstand wind pressure of not less than 70 m.p.h. wind load factor and shall be constructed to receive loads as required by the building code.

(I) Site plan. Whenever a site plan is required to be filed, the site plan shall show the proposed location of any signs to be erected on the property and shall define the size and height of the signs with dimensions and elevation views. All existing signs shall be included on the site plan.

(J) Sign buffer area at edge of a building. The edge of a wall sign shall be a minimum distance of 2 times the sign height from the edge of the building wall.

(K) Wall sign setback bonus. Wall signs that are setback from the public street right-of-way over 150 feet can increase the maximum primary wall signage size by 25%, and increase it an additional 25% for every additional 100 feet of setback; up to a maximum of 200% of the allowed sign area (i.e., 20% of the primary wall area) at 450 feet.

(1) Over 150-foot setback, 125% of allowed sign area, or 12.5% of primary wall area.

(2) Over 250-foot setback, 150% of allowed sign area, or 15% of primary wall area.

(3) Over 350-foot setback, 175% of allowed sign area, or 17.5% of primary wall area.

(4) Over 450-foot setback, 200% of allowed sign area, or 20% of primary wall area. Under no circumstances shall the primary wall signage exceed 400 square feet regardless of wall size or increased setbacks.

(L) Compliance. Any sign in existence in the city on December 3, 2012 and not in conformity herewith, is hereby declared to be a nonconforming use, and such use shall be abated by the owner of such sign according to the following schedule:

(1) Permanent signs. All such nonconforming permanent signs in any zoning district shall be in compliance with the terms of this subchapter not later than 10 years from the effective date of this subchapter.

(2) Temporary signs on-premises. All such nonconforming signs in any zoning district shall be in compliance with the terms of this subchapter not later than 1 year from the effective date of this subchapter.

(3) Temporary signs off-premises. All such nonconforming signs in any zoning district shall be in compliance with the terms of this subchapter not later than 90 days from the effective date of this subchapter.

(Ord. O-12-743, passed 12-3-2012)

§ 154.084 SPECIAL SIGN TYPES.

(A) Message board signs. Message board signs are allowed by SUP in any zoning district subject to the following restrictions:

(1) Message board signs shall only be used on the premises of, and in conjunction with, an educational, religious, governmental or other not-for-profit use for which a valid certificate of occupancy has been issued;

(2) Message board signs shall only be located on a lot which is adjacent to a state road or highway, and the sign must be placed adjacent to such road or highway;

(3) Message board signs shall not name, display a logo, photograph or likeness of, or otherwise in any form advertise any for-profit business or product;

(4) Message board signs shall not exceed 50 square feet in size;

(5) Message board signs shall be set back a minimum of 10 feet from any property line which fronts a state road or highway and a minimum of 50 feet from any property line adjoining another property;

(6) A message board sign must be a monument sign; however, a message board sign may exceed the city’s monument sign height restrictions and/or may have the base width reduced if approved as a condition of the SUP;

(7) Message board signs shall be considered as the primary freestanding sign and may not be placed in addition to any existing freestanding sign;

(8) Any change of pictures or information on the message board sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation;

(9) Any change of pictures or information on the message board sign shall not change more often than once each 3 seconds for those portions of the sign which convey time or temperature, or once each 20 seconds for all other portions of the sign;

(10) Each application for a message board sign must be accompanied with a certificate of approval of such sign from the Texas Department of Transportation in accordance with state law;

(11) The determination of a health or safety hazard caused by a lighted sign or a message board sign shall be made by the Chief Building Official for the city and shall be controlling;

(12) Any electrical wiring required for a sign to be lighted shall meet the electrical code of the city as determined by the Chief Building Official or a designated representative;

(13) No lighted sign or message board sign shall have a luminance of greater than 300 fool-candles, nor shall any such sign have a luminance greater than 200 foot-candles for any portion of the sign within a circle 2 feet in diameter. The restriction of luminance in this section shall be determined from any other premises or from any public right-of-way. If a message board sign constitutes a distraction to traffic based on evidence or complaints, the Chief Building Official shall review if the sign shall be dimmed or otherwise altered and provide for appropriate remedy.

(B) Portable or moveable signs.

(1) Determination by the Building Official or his or her designated representative as to whether any sign is portable or moveable shall be controlling. It is expressly provided that such signs are prohibited in any zoning district or within any right-of-way or city easement within the city.

(2) Exception. The City of Ferris is exempt from this division (B).

(1) It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for bona fide transportation activity.

(2) A sign attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, a period of time in excess of 3 business days. Specifically, where the intent is apparent to be 1 of using the vehicle and signs for purposes of advertising an establishment, service or product. Government vehicles and vehicles operating under a city franchise shall be excluded from this provision.

(3) Signs placed on or affixed to vehicles and or trailers which are parked on public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property are prohibited.

(D) Grand opening. Grand opening events may utilize inflatable objects, pennants, flags and banner signs for a period not to exceed 30 days. Grand opening events are limited to the first 90 days after a certificate of occupancy has been issued. No searchlights or flashing type lights are allowed and are strictly prohibited during these events. A sign permit is required.

(E) Billboards relocated from Original Town Square Overlay District. Any billboard located in the Original Town Square Overlay District may be relocated to any zoning district (a “relocated billboard”), through the city’s special use permit (“SUP”) process and subject to each of the following restrictions:

(1) A relocated billboard shall be of new construction and may be either static or digital.

(2) The Planning and Zoning Commission may recommend, and the City Council may reasonably require, appropriate landscaping within 10 feet of the sign. The City Council shall not require landscaping that renders the construction of the sign financially or practically unfeasible.

(3) The Planning and Zoning Commission may recommend, and the City Council may reasonably require, appropriate aesthetic design features, such as a facade around the sign base, which do not interfere with the stability or integrity of the sign and structure. The City Council shall not require aesthetic design features that render the construction of the sign financially or practically unfeasible.

(4) Before construction may begin, a permit for a relocated billboard must be issued by the Texas Department of Transportation approving the location, type, and size allowed by the SUP granted for the sign.

(5) A relocated billboard shall only be located on a lot which is adjacent to the Interstate 45 frontage road, and it must be placed adjacent to such roadway or highway.

(6) Any change of pictures or information on the relocated billboard shall not produce the illusion of moving objects, expanding or contracting shapes, rotation, or any similar effect of animation.

(7) Any change of pictures or information on the relocated billboard shall not change more often than allowed by regulations promulgated by the Texas Department of Transportation.

(8) The determination of whether or not a health or safety hazard is caused or created by a lighted relocated billboard shall be made by the Chief Building Official or the city and shall be controlling.

(9) Any electrical wiring required for a relocated billboard to be lighted shall meet the electrical code of the city as determined by the Chief Building Official or a designated representative.

(10) No lighted relocated billboard shall have a luminance of greater than 300 foot-candles, nor shall any such sign have a luminance greater than 200 foot-candles for any portion of the sign within a circle 2 feet in diameter. The restriction of luminance in this division (E)(10) shall be determined from any other premises or from any public right-of-way. If a relocated billboard constitutes a distraction to traffic based on evidence of complaints, the Chief Building Official shall review if the sign shall be dimmed or otherwise altered and provide for an appropriate remedy.

(Ord. O-12-743, passed 12-3-2012; Am. Ord. O-14-764, passed 8-4-2014; Am. Ord. O-15-791, passed 6-1-2015)

§ 154.085 PERMANENT SIGNS CHART.

PERMANENT SIGNS
TYPE OF SIGN	DISTRICTS PERMITTED	MAXIMUM AREA	MAXIMUM HEIGHT	NUMBER OF SIGNS	REQUIREMENTS
Billboard (relocated from Original Town Square Overlay District only)	All districts, subject to SUP	675 s.f.	42.5 ft.	1	See § 154.084(E)
Primary wall (attached)	Non-residential C-O to I-H	10% of primary wall area, 200 s.f. maximum	Top of parapet wall or roof eave height	Not applicable. Signage area can be composed of multiple signs	Min. horizontal and/or vertical separation between signs twice height of taller sign box, 2-wall max. Also see setback bonus.
Secondary wall (attached)	Non-residential C-O to I-H	50% of allowed primary wall sign area, 100 s.f. maximum	Top of parapet wall or roof eave height	Not applicable. Signage area can be composed of multiple signs	Min. horizontal and/or vertical separation between signs twice heigh of taller sign box, 2-wall max.
Freestanding freeway pole (pylon)	Non-residential C-O to I-H	200 s.f.	50 ft.	1 freestanding (either pole or monument) sign per street frontage	Not allowed in or projecting into public R.O.W. Secondary sign may only be 50% of height and area of primary sign
Freestanding non-freeway pole (pylon)	Non-residential C-O to I-H	100 s.f.	25 ft.	1 freestanding (either pole or monument) sign per street frontage, 2 maximum	Not allowed in or projecting into public R.O.W. Secondary sign may only be 50% of height and area of primary sign
Message board	SUP in all districts	50 s.f.	7 ft.	1	See § 154.084(A)
Freestanding monument	Non-residential C-O to I-H	75 s.f.	7 ft.	1 freestanding (either pole or monument) sign per street frontage, 2 maximum	Monument sign preferred over pole sign
Canopy (covering gas pumps, drive thru lanes or parking areas)	Non-residenti al C-O to I-H	50% of allowed Primary wall sign area of building, 100 s.f. max.	Top of canopy fascia	On 2 sides of canopy only	Canopies not considered separate buildings for signage purposes
Mural	Non-residenti al C-O to I-H	Not applicable	Not applicable	Not applicable	No name, logo, text or slogan. Murals are considered art, not advertising
Enclosed frame/ changeable copy	Non-residenti al C-O to I-H	12 s.f. with no dimension greater than 4 ft.	Not applicable	2 per wall max., 4 per site max.	Enclosed frame permanently attached to wall
Multi-family entry monument	MF-18	50 s.f.	7 ft.	1 per street frontage	Lighting allowed
Name plate	All residential (Nonresidenti al see last column)	2 s.f.	Below eave	1 per lot	No restrictions in non-residential districts
Institutional	All residential (Nonresidenti al see last column)	30 s.f.	Below eave	1 per lot	No restrictions in non-residential districts
Subdivision entry monument	Residential: all R	75 s.f. each	7 ft.	1 pair per entrance	Lighting allowed
All signs are subject to setback regulations.

(Ord. O-12-743, passed 12-3-2012; Am. Ord. O-14-764, passed 8-4-2014; Am. Ord. O-15-791, passed 6-1-2015)

§ 154.086 TEMPORARY SIGNS.

TEMPORARY SIGNS
TYPE OF SIGN	PERMIT REQUIR ED	DISTRICTS PERMITTED	MAXIMUM AREA	MAXIMUM HEIGHT	TIME LIMIT	REQUIREMENTS
Portable	Yes	Non- residential C-O to I-H	50 s.f.	6 ft.	4 times per calendar year, in 15 day periods	1 per business, on-premises only. No lighting. See § 154.084(B)
Horizontal banner	Yes	Non-residentia l C-O to I-H	50 s.f.	Highest point of roof. Attached to building	60 days per year, in 15 day periods	Only one allowed. No lighting, not used with portable sign
Vertical banner	Yes	Non-residentia l C-O to I-H	35 s.f. freeway frontage, 12 s.f. for non-freewa y	35 ft. max., 6 ft. min. to bottom of vertical banner	Not applicable	50 ft. min. spacing, 100 ft. min. street frontage, 25' min. to side prop. line
New business “Now Open"	Yes	Non- residentia l C-O to I-H	50 s.f.	Highest point of roof. Attached to building	30 days from C.O.	Must be affixed to store front
Pennants	Yes	MF-18 & non-residential C-O to I-H	Not applicable	Highest point of roof	During event	Only during approved special events or grand openings
Balloons over 24" diameter	Yes	MF-18 & non-residential C-O to I-H	Not applicable	50 ft.	During event	Only during approved special events or grand openings
Inflatable objects or search lights	Yes	MF-18 & non-residential C-O to I-H	Not applicable	25 ft.	During event	Only during approved special events or grand openings
Window	No	Non- residential C-O to I-H	25% of window area	Not applicable	Not applicable	Enclosed frame/changeable copy signs encouraged
Vehicle	No	Not applicable	Not applicable	Not applicable	Not applicable	See § 154.084(C)
Weekend builders advertising (only available to builders currently building in the city limits)	Yes	All	6 s.f.	3 ft.	12 noon Friday until 12 noon Monday, except holidays	Maximum of 250 signs, minimum of 3 ft. from curb, with no lighting on signs
Political	Over 3 s.f. Yes, but no fee	All	Portable signs shall not exceed 80 s.f. and shall not be more than 6 ft. in height measured from the surface of the ground	6 ft.	30 days of 24 hours after election	On private property, not on R.O.W. No lighting. Removed 24 hrs. after election or runoff. Signs no larger than 2' X 2' may be placed in the R.O.W. at the polling place 12 hours prior to election (not early voting)
Church, charity and civic, on-premises	Yes, but no fee	All	50 s.f.	15 ft.	10 days prior to event and during event, 30 days max.	On private property, not on R.O.W. No lighting. Removed 24 hrs. after event
U.S., Texas or patriotic flag	No	All	12 s.f. res. 100 s.f. non-res.	35 ft. res. 75 ft. non- res.	Not applicable	1 per flag type. No spacing requirements
Decorative flag (color only, logo allowed, no text allowed)	No	All	6 s.f.	25 ft. max. 6 ft. min. to bottom of flag	Not applicable	Street frontage 0-150' 4 flags 151-200' 5 flags 201-250' 6 flags 251-300' 7 flags Over 300' 8 flags
Real estate land sale	Yes	All	100 s.f.	15 ft.	Remove prior to developmen t	1 acre min., 2 sign max., 1 sign per frontage. No lighting
Residential construction	Yes	Residential: all R & MF-18	100 s.f.	15 ft.	Until project 80% complete	1 sign per major existing street frontage. No lighting
Multi-family units for rent or lease banner	Yes	MF-18	50 s.f.	Highest point of roof on building, or 15 ft. max. for free- standing signs	60 days per year, in 10 day periods	1 per street frontage maximum 2 No lighting
Commercial complex sale or lease free- standing	Yes	Non- residential C-O to I-H	50 s.f.	6 ft.	Complex sold or leased	1 sign No lighting
Commercial unit(s) sale or lease wall sign	Yes	Non- residential C-O to I-H	12 s.f.	Highest point of roof	Unit sold or leased	1 sign per unit No lighting
New commercial building	Yes	Non- residential C-O to I-H	100 s.f.	15 ft.	Until 80% complete	1 sign per major ex. street frontage Lighting allowed
New commercial building on I- 45	Yes	Non- residential C-O to I-H	1 s.f. per 1 ft. of street frontage up to 400 s.f.	50 ft.	1 year	1 sign per complex or development

(Ord. O-12-743, passed 12-3-2012)

§ 154.087 EXEMPTED SIGNS.

The following types of signs are exempted from the sign regulations. These signs are not required to submit a sign application, are not required to be permitted and are not required to pay a permit or review fee.

(A) Traffic control signs erected by the city or state.

(B) Directional signs less than 3 square feet in area and less than 3 feet in height.

(D) Gasoline pricing signs less than 15 square feet.

(E) U.S., Texas or patriotic flags.

(F) Window signs as defined in § 154.081.

(G) Signs that are allowed by approval of the Board of Adjustment and Appeals for special events or for outside sales and storage of merchandise.

(H) Balloons less than 24 inches in diameter.

(I) Political signs under 3 square feet in area.

(J) Real estate signs, under 6 square feet in area for individual properties saying “For Sale,” “For Rent,” or “For Lease.”

(Ord. O-12-743, passed 12-3-2012)

§ 154.088 PROHIBITED SIGNS.

(A) Off-premises advertising sign (billboard).

(B) Roof signs, however, signs are allowed on building towers or other architectural features of the building.

(D) Searchlights or flashing lights (other than message board signs or searchlights for approved special events or grand openings).

(E) Signs on utility poles or in the right-of-way.