- ADVERTISING SIGNS5
State Law reference— Regulation of signs by the municipality, see Tex. Local Gov't Code §§ 216.001 et seq.
(A)
Findings of fact.
(1)
The regulation of signs within the city is necessary for pedestrian and traffic safety, the public health and safety, the preservation of property values and the avoidance of unnecessary clutter.
(2)
An appointed committee of citizens has received public input and undertaken a review of the current ordinances and code provisions regulating signs within the city for purposes of updating, amending and modifying such regulations.
(B)
First Amendment rights. This chapter shall not be construed, applied, interpreted or enforced in a manner to violate the First Amendment rights of any person, and the Building Official shall seed the advice and recommendation of the City Attorney prior to taking any action to enforce any provision of this chapter with respect to any non-commercial sign or speech by any person.
(C)
Comprehensive regulation of advertising signs. This chapter shall apply to the control, use, installation, regulation, licensing and permitting of signs within the city.
(D)
Purpose generally. In general, the objectives of this chapter are to promote the health, safety, welfare, convenience, communication and the landscape quality of the public. It shall further be the purpose of this chapter to achieve the following:
(1)
Safety.
(a)
No hazard is created due to collapse, fire, collision, decay or abandonment;
(b)
No obstruction is created to fire fighting and police surveillance; and
(c)
No traffic hazard is created by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read the traffic signs.
(2)
Communications. To promote the efficient transfer of information in sign message by providing that:
(a)
Businesses and services may identify themselves;
(b)
Customers and other persons may locate a business or service; and
(c)
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore the messages, according to the observer's purpose.
(3)
Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing signs that:
(a)
Do not interfere with scenic views;
(b)
Do not create a nuisance to persons using the public right-of-ways;
(c)
Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement;
(d)
Are not detrimental to land or property value; and
(e)
Contribute to the special character of particular areas or districts within the city, helping the observer to understand the city and orient oneself within it.
(Ord. 476, passed 11-12-96)
All signs erected or maintained pursuant to the provisions of this chapter shall be erected and maintained in compliance with all applicable federal, state, and local laws or regulations, and with the Building Code, Electrical Code and other applicable ordinance of the city. In the event of conflict between this chapter and other laws, the most restrictive standard applies.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BANNER. A banner inside or outside is a temporary event sign to advertise sales or events. An exterior banner is a temporary special events sign made of weather resistant fabric. Banners placed on windows are temporary window signs.
ERECT. To build, construct, attach, hang, place, suspend or affix.
FACE or SURFACE. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
GROSS SURFACE AREA OF THE SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having two surfaces shall be considered a single sign if both the surfaces are located back-to-back. In the event two or more signs share a single structure, i.e., directory signs, or signs on v-shaped structures, each sign or panel shall be considered separately for square footage purposes; provided, that the combined area of such signs cannot exceed the total square footage allowed on a single sign.
HEIGHT. The distance from common ground level to the highest point.
ILLUMINATED SIGN. Any sign illuminated by electric lights.
INCOMBUSTIBLE MATERIAL. Any material which will not ignite at 1200°F. or below, nor shall it continue to burn or glow at that temperature.
LICENSE. An official document issued by the city that gives permission to operate a sign installation business.
LOGO. Design or insignia commonly used to identify a company or product.
OFF-SITE. The sign refers to goods, products or services provided at a location other than that which the sign occupies.
ON-SITE. The sign refers to goods, products or services provided at a location which the sign occupies.
PERMANENT. Any sign intended to be used for six months or longer.
PERMIT. An official document issued by the city that allows for sign installation.
PERSON. An individual, partnership, firm, company, association or corporation of any kind.
PORTABLE SIGN. A sign easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes.
SETBACK. The minimum distance from the property line to the nearest part of a building. No sign requiring a permit may encroach, project or be constructed on or past this line.
SIGN. A structure, display, light device, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise, inform, or attract the attention of persons not on that premise, excluding those lights and landscape features which display is words or symbols and temporary holiday decorations.
SIGN, ABANDONED. Any sign without a valid current permit, or one which is deserted, surrendered or forsaken, unused, given up or relinquished with intention of never resuming a right of interest therein.
SIGN, ADVERTISING. Any sign which promotes or advertises commodities or services not offered on the premises where such signs are located.
SIGN, AGRICULTURAL. Any sign identifying the farm or ranch on which it is placed and advertises the produce, crops, animals or poultry raised or quartered thereon.
SIGN, APARTMENT. Any sign identifying an apartment building or complex of apartments.
SIGN, CONSTRUCTION. Any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or finances engaged in the design, construction or improvement of the premises on which the sign is located.
SIGN, DEVELOPMENTAL. Any temporary sign pertaining to the development of land.
SIGN, DIRECTIONAL. Any temporary sign which exclusively communicates the location or route to a premise or occupancy.
SIGN, IDENTIFICATION. Any sign used to identify shopping centers, industrial and commercial parks, and retail districts. These signs are not intended to identify individual businesses or activities within the center or district.
SIGN, INSTITUTION. Any sign used to identify a school, church, hospital or similar public or quasi-public institution.
SIGN, MARQUEE. Any sign erected on a marquee or fixed awning.
SIGN, MODEL HOME. Any temporary sign used to advertise a particular structure represented by a model or show home.
SIGN, MONUMENT. Any permanent low profile sign on a monument base.
SIGN, POLITICAL. A sign advertising a political candidate or party for elective office.
SIGN, PROJECTION. Any sign which projects, either horizontally or vertically, from a building and which has one end attached to that building or other permanent structure.
SIGN, REAL ESTATE. A sign used to advertise the sale or lease of a piece of real property.
SIGN, RESIDENTIAL SUBDIVISION. A sign used to identify a specific residential subdivision.
SIGN, TRAFFIC. A sign used for traffic control purposes.
SIGN, WALL. Any sign attached to the face of a building or incorporated thereon, including windows and doors, to advertise businesses in that building.
(Ord. 266, passed 2-28-89; Am. Ord. 476, passed 11-12-96; Am. Ord. 98-002, passed 1-13-98)
The following types of signs shall be exempt from the provisions of this chapter. However, regulations regarding sign location in a public right-of-way or public access easement shall apply.
(A)
Governmental signs. Signs erected or maintained pursuant to and in discharge of any governmental function; required by law, ordinance, or governmental regulation; or located on property owned, leased or under control of the federal or state government.
(B)
Railway signs. Signs within or on railway property and placed or maintained in reference to the operation of such railway.
(C)
Utility signs. Signs marking utility or underground communication or transmission lines.
(D)
Vehicle signs. Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer, or aircraft on which such sign is displayed is permanently stationed for a period of 72 continuous hours or more, or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft.
(E)
Signs not visible from street. Signs where no part of such sign is visible from any public street.
(F)
Holiday signs. Temporary signs containing only holiday messages and no commercial advertising.
(G)
Signs on persons. Handheld signs or signs, symbols or displays on persons or animals.
(H)
Unused signs. Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising.
(I)
Plaques. Commemorative plaques of recognized historical societies and organizations.
(J)
Private traffic control. On-site signs which direct the movement of traffic on private property or warn of obstacles, overhead clearances or control parking. The sign must be less than ten feet in width, less than six feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians.
(K)
Mailboxes and newspaper racks. Signs located on mailboxes, newspaper vending machines and curbside residential newspaper holders which identify the owner and address of the premises, or the name of the newspaper sold or subscribed to; provided, that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic.
(L)
Signs on outdoor machines, devices and equipment. Signs located on outdoor machines, devices or equipment which display the trademark, trade name, manufacturer, cost of operating or service instructions or similar information, but do not advertise the business where located. This exemption includes but is not limited to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automatic vacuum cleaners, amusement rides and similar machines, devices or equipment.
(M)
Athletic fields. Signs located on the field side of scoreboards and fences of athletic fields.
(Ord. 476, passed 11-12-96)
(A)
Maintenance required. All signs shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust resistant material, and shall be maintained in good condition of appearance. Any owner failing to maintain, repair or remove such signs after due notice has been given shall be guilty of a misdemeanor upon conviction.
(B)
Inspection of signs after erection. The Building Official shall be notified by the permittee when erection of the sign is complete, and the Building Official shall make an inspection to determine if the sign conforms to the permit. The Building Official shall inspect annually, or at such other times as he or she deems necessary, each sign regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.
(C)
Removal of unsafe and unlawful signs; appeals.
(1)
If the Building Official shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, or is abandoned or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of this chapter, or not permitted as required herein, he or she shall give the sign or property owner written notice to repair or remove such sign within ten days after such notice. If the sign or property owner fails to remove, repair or permit such structure so as to comply with all sign standards or regulations, the Building Official shall cause the sign to be either removed or repaired and such cost shall be charged to and paid by the property owner. If such demolition or repair expenses are not paid by the property owner within 30 days of such billing, then such expenses shall constitute a valid lien against the property. Such notice shall also provide the sign or property owner an opportunity to bring the sign into compliance or to request a hearing before the City Council to determine whether the sign should be repaired or removed. Such appeal must be filed in writing with the City Secretary within ten days of the notice. After consideration of all facts, the City Council shall rule upon the appeal.
(2)
The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(3)
Any sign located in public right-of-way or within ten feet of any road edge may be immediately removed by the building official without notice to the owner.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
The City Council shall be empowered to vary the provisions of this chapter if it appears that the provisions would work in manifest injustice, considering such factors as the sign, location and other pertinent factors. Such decision of the Council should not however conflict with the spirit of this chapter, which is one of safety, provision of adequate light, open space and air, conservation of land and building values and to encourage the most appropriate use of land. All variances to these sign regulations will require a special use permit and passed by a two-thirds vote of the entire City Council.
(Ord. 476, passed 11-12-96)
For any development which has received any form of approval prior to the effective date of this chapter, this chapter shall not apply to that development to the extent that compliance with this chapter would require substantial changes from the approval already granted.
(Ord. 476, passed 11-12-96)
No person, firm or corporation shall install or maintain any sign, or contract for such service, until such person, firm or corporation has applied for a registration to install, erect and maintain signs, and until such registration has been approved and issued. Such registration shall be as provided for in the Fee Schedule found in Appendix 1 of this Code.
(Ord. 476, passed 11-12-96; Am. Ord. O-2009-006, passed 2-24-09)
Cross reference— Penalty, see § 154.99
It shall be unlawful for any person to erect, maintain or relocate any sign within the city without first obtaining a sign permit from the Building Official unless previously exempted by this chapter.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
Application for permits shall contain or have attached thereto the following information:
(A)
Name, address and telephone number of the applicant.
(B)
Location of the building, structure or lot on which the sign is to be attached or erected on.
(C)
Two sets of plans shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences and sidewalks.
(D)
Two blueprints or ink drawings of the plans and specifications showing method of construction, attachment to the building or ground, size, type, height, construction materials and such other materials, and such other information as the Building Official may require. The Building Official may require plans to be prepared by a registered professional engineer who is registered by the State of Texas or an architect licensed by the State of Texas.
(E)
Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter, and all other laws and codes of the city.
(F)
Name of person, firm, corporation or association erecting structure.
(G)
Any electrical permit required and issued for the sign.
(H)
Zoning classification carried by the property.
(I)
Cost or estimated value of the sign.
(J)
Such other information as the Building Official shall required to show full compliance with this chapter and all other laws and codes of the city.
(Ord. 476, passed 11-12-96)
Approval by Electrical Inspector may only be applicable to commercial areas. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the city. In addition, all illuminated signs shall bear the Underwriters' Laboratory label or be built to comply with the Underwriters' requirements. The Electrical Inspector shall approve the permit if the same plans and specifications comply with these requirements or disapprove the application if noncompliance is found. Approval by the Electrical Inspector shall be taken prior to approval and issuance of any sign permit by the Building Official.
(Ord. 476, passed 11-12-96)
It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed structure is in compliance with all the requirements of this chapter, the Building Code, and all other laws and regulations of the city, the Building Official shall then issue the sign permit. If the work authorized under a sign permit has not been completed within 60 days after issuance, the permit shall become null and void.
(Ord. 476, passed 11-12-96)
(A)
The fee for permits shall be based on the square footage of the sign as provided for in § 13.00 of the Fee Schedule found in Appendix 1 of this Code.
(B)
If any work is started or proceeded without obtaining a permit, the above specified fee shall be doubled to obtain the required permit.
(Ord. 476, passed 11-12-96; Am. Ord. 98-023, passed 8-11-98)
No license for the installation, erection and maintenance of signs shall be issued to any person, firm or corporation until such person, firm or corporation has filed with the Building Official a surety bond in the sum of $5,000. Such bond shall be for the installation and erection of signs and shall provide for the indemnification of the city for any and all damages or liability which may accrue against it for a period of one year after installation, erection, demolition, repair, removal or defects in or collapse of any sign.
(Ord. 476, passed 11-12-96)
All signs require scale drawings showing a site plan location and design of the sign. Projection, wall and temporary signs not over six square feet in area, constructed of metal or other noncombustible material attached securely to a building or structure and not projecting more than 24 inches beyond the building wall, structure, building line or property line, shall not require civil engineer certification as to its soundness. For all other signs, a design and street location plan, containing the necessary information, shall be submitted to the Building Official to determine that such sign complies with all the applicable codes and regulations. Wind pressure and dead loads shall be shown where deemed appropriate, and the Building Official may require structural drawings which are designed by and sealed by a civil engineer registered by the State of Texas when it cannot be determined that the sign will be structurally sound.
(Ord. 476, passed 11-12-96)
Permits and required setbacks shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this chapter:
(A)
Political signs. All signs shall comply with any and all state and federal laws regarding political advertisements.
(B)
Special event signs.
(1)
Temporary special event signs/banners which are free standing with supporting ropes or other devices shall not be greater in size than 16 square feet, shall not remain for more than 30 consecutive days, and shall be limited to three events per calendar year. A new business opening announcement temporary special event sign/banner may be used up to 90 consecutive calendar days on a one-time basis.
(2)
Temporary special event signs/banners that are attached to a building shall not be greater in size than 50% of the front face area (facia) of the building, and shall not remain for more than 90 calendar days.
(3)
Adjacent property owners must have no reasonable objections to special event signs/banners, and the sign/banner location must be approved by the Code Enforcement Official for safety and setback purposes. Signs/banners must be removed within ten days after the maximum time period allowed. All temporary signs/banners will have legibly written on them the date, name and address of the installer, and the appropriate city ordinance number allowing the sign/banner.
(C)
Occupational signs not exceeding two square feet in area, denoting only the name and profession of an occupation in a commercial or public institutional building.
(D)
On-site traffic control signs not exceeding eight square feet used primarily to denote entrances and exits; provided, such signs do not contain advertising and are not used as such. Signs shall not exceed three feet in height.
(E)
Residential real estate signs not exceeding eight square feet advertising the sale or lease of an individual residential structure.
(F)
Business/industry real estate signs not exceeding 16 square feet advertising the sale or lease of business/industrial property.
(G)
Temporary window signs and banners not exceeding the surface area of the window within which it is placed.
(H)
Balloons, floating devices, streamers, search lights or flags shall be sufficiently anchored and shall meet all applicable regulations.
(I)
A new business may temporarily cover the face of existing signs with a weather resistant material showing the new business information for a period of not more than 90 days if needed to fabricate a permanent sign.
(Ord. 476, passed 11-12-96; Am. Ord. 98-002, passed 1-13-98; Am. Ord. 98-033, passed 10-27-98; Am. Ord. O-2021-023, passed 5-25-21)
Cross reference— Penalty, see § 154.99
(A)
It is the declared purpose of this section that, in time, all privately owned signs shall either conform to the provisions of this chapter or be removed. By the passage of this chapter and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this chapter and all other ordinances of the city. Any sign which does not conform to all provisions of this chapter and which existed on the effective date of this section shall be considered as a nonconforming sign. A nonconforming sign shall be permitted in the same manner as any other legally existing sign or proposed sign.
(B)
(1)
Whenever any nonconforming sign no longer advertises a bona fide business or a business which has moved away or closed, a product sold, or service rendered, such sign shall be removed within 60 days. If the nonconforming sign is a wall sign, the wall sign shall be removed or painted over with a color that resembles or matches the rest of the wall of the building.
(2)
If the owner or person responsible for the sign, or if the tenant closing business, fails to remove the abandoned sign or paint over the wall sign, the owner of the premises shall be held responsible and the work shall be done within 30 days following written notice to do so by the Building Official.
(C)
No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity.
(D)
Should any nonconforming sign be damaged by any means to an extent of more than 60% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
(A)
Generally. A free-standing or attached sign may be erected and maintained upon any commercial or industrial zoned property, unless otherwise prohibited or restricted herein; provided not more than one free-standing sign is erected or maintained upon such premises. Additionally, not more than two attached signs may be attached to the building to promote the business. Directional and service type signs are excluded. Such signs shall pertain only to the identification of a building, business, products or services manufactured, sold or offered on the premises where the signs are located.
(B)
Free-standing signs. The maximum size of any free-standing sign shall not exceed 100 square feet nor have a luminance greater than 200 footlamberts. A minimum setback of at least five feet from any front lot line is required. No free-standing sign shall exceed 30 feet in height. Any free-standing sign located in such a manner as likely to allow the passage of vehicular traffic beneath it shall have a minimum clearance of 14 feet. Any sign located in such a manner to allow the passage of pedestrian traffic beneath it shall have a minimum clearance of eight feet. Any free-standing sign that does not meet the size, height and setback restrictions will require a variance from the City Council.
(C)
Portable signs.
(1)
Any portable sign in existence upon the effective date of this chapter shall be considered a nonconforming sign and will be allowed to continue for 30 days, at which time it must be removed.
(2)
Where existing portable signs are electric signs, no electric extension cords shall be run across any sidewalk, street or public rights-of-way. No portable sign shall be placed or maintained on any sidewalk, street or other public rights-of-way. No portable sign shall have a luminance greater than 200 footlamberts. All existing portable signs shall be anchored to withstand a minimum of 30 mph winds.
(D)
Attached signs.
(1)
The maximum size of a sign attached to the front of a building shall not be greater than 50% of the square footage of the front face (facia) of the building. The maximum size of attached signs installed other than on the front facia shall be 40 square feet.
(2)
The height of any attached sign shall not exceed the roof line. Architectural elements to which signage may be attached shall be limited to the building wall surfaces, canopy, facia or sign bands. No attached sign shall project over 18 inches from the face of any building to which affixed nor shall any sign have a luminance greater than 200 footlamberts. Where an attached sign is placed in such a manner as to project a distance greater than two inches into a private driveway or other private area likely to be used by vehicular traffic or where such sign is placed in such a manner as to allow the passage of vehicular traffic beneath it, the sign shall have a minimum clearance of 14 feet. Where an attached sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, the sign shall have a minimum clearance of eight feet.
(E)
Design standards generally. All on-site signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the building code of the city.
(F)
Marquee signs. Each face shall not exceed 75% of the width of such building or store facia.
(Ord. 476, passed 11-12-96; Am. Ord. 97-008, passed 4-22-97; Am. Ord. 98-033, passed 10-27-98; Am. Ord. 02-006, passed 2-12-02)
Cross reference— Penalty, see § 154.99
(A)
Only free-standing signs may be allowed as an off-site sign. Such off-site signs shall be erected and maintained only upon commercial or industrial zoned properties, unless otherwise prohibited or restricted. Before a permit shall be issued, the city must have a written statement in hand from the owner of the property where such free-standing sign is to be located giving permission for the erection and maintenance of a sign and holding the city harmless from any damages which might be caused by the sign.
(B)
No free-standing sign is permitted in any public right-of-way or within ten feet of any road edge.
(C)
The maximum size of any free-standing sign shall not exceed 100 square feet nor have a luminance greater than 200 footlamberts. No free-standing sign shall exceed 30 feet in height. Any free-standing sign located in such a manner as likely to allow the passage of vehicular traffic beneath it shall have a minimum clearance of 14 feet. Any sign located in such a manner to allow the passage of pedestrian traffic beneath it shall have a minimum clearance of eight feet.
(D)
Minimum distance between off-site signs shall be 250 feet.
(Ord. 476, passed 11-12-96; Am. Ord. 98-033, passed 10-27-98; Am. Ord. 02-006, passed 2-12-02; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
(A)
Sale or lease signs allowed. Any realtor or property owner may erect a sign for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions:
(1)
Signs advertising the sale or lease of nonbusiness property shall not exceed eight square feet in area nor five feet in height from ground level.
(2)
Signs advertising the sale or lease of a business property shall not exceed 16 square feet in area nor eight feet from ground level.
(B)
Garage or yard sale signs allowed. Any person may erect a sign on his or her own property, or property of another with the owner's permission for the purpose of advertising a garage or yard sale. Name, date and address must be shown on the sign; however, such signs shall be removed within 24 hours of the sale.
(C)
Political signs allowed. Political signs may be erected on any private property; provided, that such signs comply with other applicable requirements of this chapter.
(D)
Temporary construction signs allowed. Temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution may be erected on such site of the proposed business. However, only one construction sign and one future location sign will be permitted on such location. No such sign shall exceed 32 square feet in area nor extend higher than 15 feet; provided, that no such signs are located on the premises where construction on location being advertised is or will be occurring. The signs shall be removed upon issuance of an occupancy permit. In the event construction activities do not require a permit, posting of signs are restricted to 14 days.
(E)
Homebuilders and subdivision sign allowed. Free-standing signs for the purpose of identifying the location of or direction to subdivisions or major homebuilders sites are allowed. Such signs shall be on-site and shall not exceed 60 square feet in area nor extend higher than 15 feet in height. A homebuilder with ten lots or more qualifies as a major homebuilder. The maximum number of signs permitted for each subdivision or major homebuilder site shall be removed upon completion of the project. No such sign shall be located closer than 100 feet to a residential dwelling not within the subdivision.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
The following signs are prohibited:
(A)
Nonconforming political signs.
(B)
Imitation of traffic and emergency signs.
(C)
Signs in right-of-way. No sign shall be erected or affixed within or project over any public right-of-way or cross the public right-of-way line extended across a railroad right-of-way. No sign shall be placed within ten feet of any road edge. This division shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this section, nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising of the public right-of-way, its fixtures and appurtenances.
(D)
Signs on public property. No person shall attach any sign, paper or other material or paint, stencil or write any name, number or otherwise mark on any sidewalk, curb, gutter, street, tree or utility pole located on public property or within the public right-of-way, public building, public fence or public structure. This division shall not prohibit the posting of governmental signs or the painting or attachment of street address numbers to curbs.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
Handbills or circulars are prohibited unless hand-delivered to an individual.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
Any individual, association or corporation violating any portion of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be prohibited by the assessment of a fine not exceeding $2,000, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ord. 476, passed 11-12-96)
- ADVERTISING SIGNS5
State Law reference— Regulation of signs by the municipality, see Tex. Local Gov't Code §§ 216.001 et seq.
(A)
Findings of fact.
(1)
The regulation of signs within the city is necessary for pedestrian and traffic safety, the public health and safety, the preservation of property values and the avoidance of unnecessary clutter.
(2)
An appointed committee of citizens has received public input and undertaken a review of the current ordinances and code provisions regulating signs within the city for purposes of updating, amending and modifying such regulations.
(B)
First Amendment rights. This chapter shall not be construed, applied, interpreted or enforced in a manner to violate the First Amendment rights of any person, and the Building Official shall seed the advice and recommendation of the City Attorney prior to taking any action to enforce any provision of this chapter with respect to any non-commercial sign or speech by any person.
(C)
Comprehensive regulation of advertising signs. This chapter shall apply to the control, use, installation, regulation, licensing and permitting of signs within the city.
(D)
Purpose generally. In general, the objectives of this chapter are to promote the health, safety, welfare, convenience, communication and the landscape quality of the public. It shall further be the purpose of this chapter to achieve the following:
(1)
Safety.
(a)
No hazard is created due to collapse, fire, collision, decay or abandonment;
(b)
No obstruction is created to fire fighting and police surveillance; and
(c)
No traffic hazard is created by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read the traffic signs.
(2)
Communications. To promote the efficient transfer of information in sign message by providing that:
(a)
Businesses and services may identify themselves;
(b)
Customers and other persons may locate a business or service; and
(c)
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore the messages, according to the observer's purpose.
(3)
Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing signs that:
(a)
Do not interfere with scenic views;
(b)
Do not create a nuisance to persons using the public right-of-ways;
(c)
Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement;
(d)
Are not detrimental to land or property value; and
(e)
Contribute to the special character of particular areas or districts within the city, helping the observer to understand the city and orient oneself within it.
(Ord. 476, passed 11-12-96)
All signs erected or maintained pursuant to the provisions of this chapter shall be erected and maintained in compliance with all applicable federal, state, and local laws or regulations, and with the Building Code, Electrical Code and other applicable ordinance of the city. In the event of conflict between this chapter and other laws, the most restrictive standard applies.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BANNER. A banner inside or outside is a temporary event sign to advertise sales or events. An exterior banner is a temporary special events sign made of weather resistant fabric. Banners placed on windows are temporary window signs.
ERECT. To build, construct, attach, hang, place, suspend or affix.
FACE or SURFACE. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
GROSS SURFACE AREA OF THE SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having two surfaces shall be considered a single sign if both the surfaces are located back-to-back. In the event two or more signs share a single structure, i.e., directory signs, or signs on v-shaped structures, each sign or panel shall be considered separately for square footage purposes; provided, that the combined area of such signs cannot exceed the total square footage allowed on a single sign.
HEIGHT. The distance from common ground level to the highest point.
ILLUMINATED SIGN. Any sign illuminated by electric lights.
INCOMBUSTIBLE MATERIAL. Any material which will not ignite at 1200°F. or below, nor shall it continue to burn or glow at that temperature.
LICENSE. An official document issued by the city that gives permission to operate a sign installation business.
LOGO. Design or insignia commonly used to identify a company or product.
OFF-SITE. The sign refers to goods, products or services provided at a location other than that which the sign occupies.
ON-SITE. The sign refers to goods, products or services provided at a location which the sign occupies.
PERMANENT. Any sign intended to be used for six months or longer.
PERMIT. An official document issued by the city that allows for sign installation.
PERSON. An individual, partnership, firm, company, association or corporation of any kind.
PORTABLE SIGN. A sign easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes.
SETBACK. The minimum distance from the property line to the nearest part of a building. No sign requiring a permit may encroach, project or be constructed on or past this line.
SIGN. A structure, display, light device, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise, inform, or attract the attention of persons not on that premise, excluding those lights and landscape features which display is words or symbols and temporary holiday decorations.
SIGN, ABANDONED. Any sign without a valid current permit, or one which is deserted, surrendered or forsaken, unused, given up or relinquished with intention of never resuming a right of interest therein.
SIGN, ADVERTISING. Any sign which promotes or advertises commodities or services not offered on the premises where such signs are located.
SIGN, AGRICULTURAL. Any sign identifying the farm or ranch on which it is placed and advertises the produce, crops, animals or poultry raised or quartered thereon.
SIGN, APARTMENT. Any sign identifying an apartment building or complex of apartments.
SIGN, CONSTRUCTION. Any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or finances engaged in the design, construction or improvement of the premises on which the sign is located.
SIGN, DEVELOPMENTAL. Any temporary sign pertaining to the development of land.
SIGN, DIRECTIONAL. Any temporary sign which exclusively communicates the location or route to a premise or occupancy.
SIGN, IDENTIFICATION. Any sign used to identify shopping centers, industrial and commercial parks, and retail districts. These signs are not intended to identify individual businesses or activities within the center or district.
SIGN, INSTITUTION. Any sign used to identify a school, church, hospital or similar public or quasi-public institution.
SIGN, MARQUEE. Any sign erected on a marquee or fixed awning.
SIGN, MODEL HOME. Any temporary sign used to advertise a particular structure represented by a model or show home.
SIGN, MONUMENT. Any permanent low profile sign on a monument base.
SIGN, POLITICAL. A sign advertising a political candidate or party for elective office.
SIGN, PROJECTION. Any sign which projects, either horizontally or vertically, from a building and which has one end attached to that building or other permanent structure.
SIGN, REAL ESTATE. A sign used to advertise the sale or lease of a piece of real property.
SIGN, RESIDENTIAL SUBDIVISION. A sign used to identify a specific residential subdivision.
SIGN, TRAFFIC. A sign used for traffic control purposes.
SIGN, WALL. Any sign attached to the face of a building or incorporated thereon, including windows and doors, to advertise businesses in that building.
(Ord. 266, passed 2-28-89; Am. Ord. 476, passed 11-12-96; Am. Ord. 98-002, passed 1-13-98)
The following types of signs shall be exempt from the provisions of this chapter. However, regulations regarding sign location in a public right-of-way or public access easement shall apply.
(A)
Governmental signs. Signs erected or maintained pursuant to and in discharge of any governmental function; required by law, ordinance, or governmental regulation; or located on property owned, leased or under control of the federal or state government.
(B)
Railway signs. Signs within or on railway property and placed or maintained in reference to the operation of such railway.
(C)
Utility signs. Signs marking utility or underground communication or transmission lines.
(D)
Vehicle signs. Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer, or aircraft on which such sign is displayed is permanently stationed for a period of 72 continuous hours or more, or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft.
(E)
Signs not visible from street. Signs where no part of such sign is visible from any public street.
(F)
Holiday signs. Temporary signs containing only holiday messages and no commercial advertising.
(G)
Signs on persons. Handheld signs or signs, symbols or displays on persons or animals.
(H)
Unused signs. Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising.
(I)
Plaques. Commemorative plaques of recognized historical societies and organizations.
(J)
Private traffic control. On-site signs which direct the movement of traffic on private property or warn of obstacles, overhead clearances or control parking. The sign must be less than ten feet in width, less than six feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians.
(K)
Mailboxes and newspaper racks. Signs located on mailboxes, newspaper vending machines and curbside residential newspaper holders which identify the owner and address of the premises, or the name of the newspaper sold or subscribed to; provided, that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic.
(L)
Signs on outdoor machines, devices and equipment. Signs located on outdoor machines, devices or equipment which display the trademark, trade name, manufacturer, cost of operating or service instructions or similar information, but do not advertise the business where located. This exemption includes but is not limited to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automatic vacuum cleaners, amusement rides and similar machines, devices or equipment.
(M)
Athletic fields. Signs located on the field side of scoreboards and fences of athletic fields.
(Ord. 476, passed 11-12-96)
(A)
Maintenance required. All signs shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust resistant material, and shall be maintained in good condition of appearance. Any owner failing to maintain, repair or remove such signs after due notice has been given shall be guilty of a misdemeanor upon conviction.
(B)
Inspection of signs after erection. The Building Official shall be notified by the permittee when erection of the sign is complete, and the Building Official shall make an inspection to determine if the sign conforms to the permit. The Building Official shall inspect annually, or at such other times as he or she deems necessary, each sign regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.
(C)
Removal of unsafe and unlawful signs; appeals.
(1)
If the Building Official shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, or is abandoned or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of this chapter, or not permitted as required herein, he or she shall give the sign or property owner written notice to repair or remove such sign within ten days after such notice. If the sign or property owner fails to remove, repair or permit such structure so as to comply with all sign standards or regulations, the Building Official shall cause the sign to be either removed or repaired and such cost shall be charged to and paid by the property owner. If such demolition or repair expenses are not paid by the property owner within 30 days of such billing, then such expenses shall constitute a valid lien against the property. Such notice shall also provide the sign or property owner an opportunity to bring the sign into compliance or to request a hearing before the City Council to determine whether the sign should be repaired or removed. Such appeal must be filed in writing with the City Secretary within ten days of the notice. After consideration of all facts, the City Council shall rule upon the appeal.
(2)
The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(3)
Any sign located in public right-of-way or within ten feet of any road edge may be immediately removed by the building official without notice to the owner.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
The City Council shall be empowered to vary the provisions of this chapter if it appears that the provisions would work in manifest injustice, considering such factors as the sign, location and other pertinent factors. Such decision of the Council should not however conflict with the spirit of this chapter, which is one of safety, provision of adequate light, open space and air, conservation of land and building values and to encourage the most appropriate use of land. All variances to these sign regulations will require a special use permit and passed by a two-thirds vote of the entire City Council.
(Ord. 476, passed 11-12-96)
For any development which has received any form of approval prior to the effective date of this chapter, this chapter shall not apply to that development to the extent that compliance with this chapter would require substantial changes from the approval already granted.
(Ord. 476, passed 11-12-96)
No person, firm or corporation shall install or maintain any sign, or contract for such service, until such person, firm or corporation has applied for a registration to install, erect and maintain signs, and until such registration has been approved and issued. Such registration shall be as provided for in the Fee Schedule found in Appendix 1 of this Code.
(Ord. 476, passed 11-12-96; Am. Ord. O-2009-006, passed 2-24-09)
Cross reference— Penalty, see § 154.99
It shall be unlawful for any person to erect, maintain or relocate any sign within the city without first obtaining a sign permit from the Building Official unless previously exempted by this chapter.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
Application for permits shall contain or have attached thereto the following information:
(A)
Name, address and telephone number of the applicant.
(B)
Location of the building, structure or lot on which the sign is to be attached or erected on.
(C)
Two sets of plans shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences and sidewalks.
(D)
Two blueprints or ink drawings of the plans and specifications showing method of construction, attachment to the building or ground, size, type, height, construction materials and such other materials, and such other information as the Building Official may require. The Building Official may require plans to be prepared by a registered professional engineer who is registered by the State of Texas or an architect licensed by the State of Texas.
(E)
Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter, and all other laws and codes of the city.
(F)
Name of person, firm, corporation or association erecting structure.
(G)
Any electrical permit required and issued for the sign.
(H)
Zoning classification carried by the property.
(I)
Cost or estimated value of the sign.
(J)
Such other information as the Building Official shall required to show full compliance with this chapter and all other laws and codes of the city.
(Ord. 476, passed 11-12-96)
Approval by Electrical Inspector may only be applicable to commercial areas. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the city. In addition, all illuminated signs shall bear the Underwriters' Laboratory label or be built to comply with the Underwriters' requirements. The Electrical Inspector shall approve the permit if the same plans and specifications comply with these requirements or disapprove the application if noncompliance is found. Approval by the Electrical Inspector shall be taken prior to approval and issuance of any sign permit by the Building Official.
(Ord. 476, passed 11-12-96)
It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed structure is in compliance with all the requirements of this chapter, the Building Code, and all other laws and regulations of the city, the Building Official shall then issue the sign permit. If the work authorized under a sign permit has not been completed within 60 days after issuance, the permit shall become null and void.
(Ord. 476, passed 11-12-96)
(A)
The fee for permits shall be based on the square footage of the sign as provided for in § 13.00 of the Fee Schedule found in Appendix 1 of this Code.
(B)
If any work is started or proceeded without obtaining a permit, the above specified fee shall be doubled to obtain the required permit.
(Ord. 476, passed 11-12-96; Am. Ord. 98-023, passed 8-11-98)
No license for the installation, erection and maintenance of signs shall be issued to any person, firm or corporation until such person, firm or corporation has filed with the Building Official a surety bond in the sum of $5,000. Such bond shall be for the installation and erection of signs and shall provide for the indemnification of the city for any and all damages or liability which may accrue against it for a period of one year after installation, erection, demolition, repair, removal or defects in or collapse of any sign.
(Ord. 476, passed 11-12-96)
All signs require scale drawings showing a site plan location and design of the sign. Projection, wall and temporary signs not over six square feet in area, constructed of metal or other noncombustible material attached securely to a building or structure and not projecting more than 24 inches beyond the building wall, structure, building line or property line, shall not require civil engineer certification as to its soundness. For all other signs, a design and street location plan, containing the necessary information, shall be submitted to the Building Official to determine that such sign complies with all the applicable codes and regulations. Wind pressure and dead loads shall be shown where deemed appropriate, and the Building Official may require structural drawings which are designed by and sealed by a civil engineer registered by the State of Texas when it cannot be determined that the sign will be structurally sound.
(Ord. 476, passed 11-12-96)
Permits and required setbacks shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this chapter:
(A)
Political signs. All signs shall comply with any and all state and federal laws regarding political advertisements.
(B)
Special event signs.
(1)
Temporary special event signs/banners which are free standing with supporting ropes or other devices shall not be greater in size than 16 square feet, shall not remain for more than 30 consecutive days, and shall be limited to three events per calendar year. A new business opening announcement temporary special event sign/banner may be used up to 90 consecutive calendar days on a one-time basis.
(2)
Temporary special event signs/banners that are attached to a building shall not be greater in size than 50% of the front face area (facia) of the building, and shall not remain for more than 90 calendar days.
(3)
Adjacent property owners must have no reasonable objections to special event signs/banners, and the sign/banner location must be approved by the Code Enforcement Official for safety and setback purposes. Signs/banners must be removed within ten days after the maximum time period allowed. All temporary signs/banners will have legibly written on them the date, name and address of the installer, and the appropriate city ordinance number allowing the sign/banner.
(C)
Occupational signs not exceeding two square feet in area, denoting only the name and profession of an occupation in a commercial or public institutional building.
(D)
On-site traffic control signs not exceeding eight square feet used primarily to denote entrances and exits; provided, such signs do not contain advertising and are not used as such. Signs shall not exceed three feet in height.
(E)
Residential real estate signs not exceeding eight square feet advertising the sale or lease of an individual residential structure.
(F)
Business/industry real estate signs not exceeding 16 square feet advertising the sale or lease of business/industrial property.
(G)
Temporary window signs and banners not exceeding the surface area of the window within which it is placed.
(H)
Balloons, floating devices, streamers, search lights or flags shall be sufficiently anchored and shall meet all applicable regulations.
(I)
A new business may temporarily cover the face of existing signs with a weather resistant material showing the new business information for a period of not more than 90 days if needed to fabricate a permanent sign.
(Ord. 476, passed 11-12-96; Am. Ord. 98-002, passed 1-13-98; Am. Ord. 98-033, passed 10-27-98; Am. Ord. O-2021-023, passed 5-25-21)
Cross reference— Penalty, see § 154.99
(A)
It is the declared purpose of this section that, in time, all privately owned signs shall either conform to the provisions of this chapter or be removed. By the passage of this chapter and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this chapter and all other ordinances of the city. Any sign which does not conform to all provisions of this chapter and which existed on the effective date of this section shall be considered as a nonconforming sign. A nonconforming sign shall be permitted in the same manner as any other legally existing sign or proposed sign.
(B)
(1)
Whenever any nonconforming sign no longer advertises a bona fide business or a business which has moved away or closed, a product sold, or service rendered, such sign shall be removed within 60 days. If the nonconforming sign is a wall sign, the wall sign shall be removed or painted over with a color that resembles or matches the rest of the wall of the building.
(2)
If the owner or person responsible for the sign, or if the tenant closing business, fails to remove the abandoned sign or paint over the wall sign, the owner of the premises shall be held responsible and the work shall be done within 30 days following written notice to do so by the Building Official.
(C)
No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity.
(D)
Should any nonconforming sign be damaged by any means to an extent of more than 60% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
(A)
Generally. A free-standing or attached sign may be erected and maintained upon any commercial or industrial zoned property, unless otherwise prohibited or restricted herein; provided not more than one free-standing sign is erected or maintained upon such premises. Additionally, not more than two attached signs may be attached to the building to promote the business. Directional and service type signs are excluded. Such signs shall pertain only to the identification of a building, business, products or services manufactured, sold or offered on the premises where the signs are located.
(B)
Free-standing signs. The maximum size of any free-standing sign shall not exceed 100 square feet nor have a luminance greater than 200 footlamberts. A minimum setback of at least five feet from any front lot line is required. No free-standing sign shall exceed 30 feet in height. Any free-standing sign located in such a manner as likely to allow the passage of vehicular traffic beneath it shall have a minimum clearance of 14 feet. Any sign located in such a manner to allow the passage of pedestrian traffic beneath it shall have a minimum clearance of eight feet. Any free-standing sign that does not meet the size, height and setback restrictions will require a variance from the City Council.
(C)
Portable signs.
(1)
Any portable sign in existence upon the effective date of this chapter shall be considered a nonconforming sign and will be allowed to continue for 30 days, at which time it must be removed.
(2)
Where existing portable signs are electric signs, no electric extension cords shall be run across any sidewalk, street or public rights-of-way. No portable sign shall be placed or maintained on any sidewalk, street or other public rights-of-way. No portable sign shall have a luminance greater than 200 footlamberts. All existing portable signs shall be anchored to withstand a minimum of 30 mph winds.
(D)
Attached signs.
(1)
The maximum size of a sign attached to the front of a building shall not be greater than 50% of the square footage of the front face (facia) of the building. The maximum size of attached signs installed other than on the front facia shall be 40 square feet.
(2)
The height of any attached sign shall not exceed the roof line. Architectural elements to which signage may be attached shall be limited to the building wall surfaces, canopy, facia or sign bands. No attached sign shall project over 18 inches from the face of any building to which affixed nor shall any sign have a luminance greater than 200 footlamberts. Where an attached sign is placed in such a manner as to project a distance greater than two inches into a private driveway or other private area likely to be used by vehicular traffic or where such sign is placed in such a manner as to allow the passage of vehicular traffic beneath it, the sign shall have a minimum clearance of 14 feet. Where an attached sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, the sign shall have a minimum clearance of eight feet.
(E)
Design standards generally. All on-site signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the building code of the city.
(F)
Marquee signs. Each face shall not exceed 75% of the width of such building or store facia.
(Ord. 476, passed 11-12-96; Am. Ord. 97-008, passed 4-22-97; Am. Ord. 98-033, passed 10-27-98; Am. Ord. 02-006, passed 2-12-02)
Cross reference— Penalty, see § 154.99
(A)
Only free-standing signs may be allowed as an off-site sign. Such off-site signs shall be erected and maintained only upon commercial or industrial zoned properties, unless otherwise prohibited or restricted. Before a permit shall be issued, the city must have a written statement in hand from the owner of the property where such free-standing sign is to be located giving permission for the erection and maintenance of a sign and holding the city harmless from any damages which might be caused by the sign.
(B)
No free-standing sign is permitted in any public right-of-way or within ten feet of any road edge.
(C)
The maximum size of any free-standing sign shall not exceed 100 square feet nor have a luminance greater than 200 footlamberts. No free-standing sign shall exceed 30 feet in height. Any free-standing sign located in such a manner as likely to allow the passage of vehicular traffic beneath it shall have a minimum clearance of 14 feet. Any sign located in such a manner to allow the passage of pedestrian traffic beneath it shall have a minimum clearance of eight feet.
(D)
Minimum distance between off-site signs shall be 250 feet.
(Ord. 476, passed 11-12-96; Am. Ord. 98-033, passed 10-27-98; Am. Ord. 02-006, passed 2-12-02; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
(A)
Sale or lease signs allowed. Any realtor or property owner may erect a sign for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions:
(1)
Signs advertising the sale or lease of nonbusiness property shall not exceed eight square feet in area nor five feet in height from ground level.
(2)
Signs advertising the sale or lease of a business property shall not exceed 16 square feet in area nor eight feet from ground level.
(B)
Garage or yard sale signs allowed. Any person may erect a sign on his or her own property, or property of another with the owner's permission for the purpose of advertising a garage or yard sale. Name, date and address must be shown on the sign; however, such signs shall be removed within 24 hours of the sale.
(C)
Political signs allowed. Political signs may be erected on any private property; provided, that such signs comply with other applicable requirements of this chapter.
(D)
Temporary construction signs allowed. Temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution may be erected on such site of the proposed business. However, only one construction sign and one future location sign will be permitted on such location. No such sign shall exceed 32 square feet in area nor extend higher than 15 feet; provided, that no such signs are located on the premises where construction on location being advertised is or will be occurring. The signs shall be removed upon issuance of an occupancy permit. In the event construction activities do not require a permit, posting of signs are restricted to 14 days.
(E)
Homebuilders and subdivision sign allowed. Free-standing signs for the purpose of identifying the location of or direction to subdivisions or major homebuilders sites are allowed. Such signs shall be on-site and shall not exceed 60 square feet in area nor extend higher than 15 feet in height. A homebuilder with ten lots or more qualifies as a major homebuilder. The maximum number of signs permitted for each subdivision or major homebuilder site shall be removed upon completion of the project. No such sign shall be located closer than 100 feet to a residential dwelling not within the subdivision.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
The following signs are prohibited:
(A)
Nonconforming political signs.
(B)
Imitation of traffic and emergency signs.
(C)
Signs in right-of-way. No sign shall be erected or affixed within or project over any public right-of-way or cross the public right-of-way line extended across a railroad right-of-way. No sign shall be placed within ten feet of any road edge. This division shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this section, nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising of the public right-of-way, its fixtures and appurtenances.
(D)
Signs on public property. No person shall attach any sign, paper or other material or paint, stencil or write any name, number or otherwise mark on any sidewalk, curb, gutter, street, tree or utility pole located on public property or within the public right-of-way, public building, public fence or public structure. This division shall not prohibit the posting of governmental signs or the painting or attachment of street address numbers to curbs.
(Ord. 476, passed 11-12-96; Am. Ord. O-2021-004, passed 1-26-21)
Cross reference— Penalty, see § 154.99
Handbills or circulars are prohibited unless hand-delivered to an individual.
(Ord. 476, passed 11-12-96)
Cross reference— Penalty, see § 154.99
Any individual, association or corporation violating any portion of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be prohibited by the assessment of a fine not exceeding $2,000, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ord. 476, passed 11-12-96)