Harlingen City Zoning Code

To encourage the effective use of signs as a means of communication in the city;

To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;

To improve pedestrian and traffic safety;

To minimize the possible adverse effect of signs on nearby public and private property;

To enable the fair and consistent enforcement of these sign restrictions;

To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;

To prohibit all signs not expressly permitted by this article; and

To provide for the enforcement of this article.

The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets chapter regulations and is clearly incidental to the display itself (see example below).

When two or more sign faces are placed back to back, so that only one face can be seen by approaching traffic at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

The permitted sum of the area of all individual signs on a premise shall be computed by adding the area of each individual sign. Total sign area permitted is based on linear foot building frontage on either a street, access easement or side of a building visible from a public street as defined in the table in subsection (b)(6) of this section. Lots fronting on either two or more streets, or access easements are allowed the permitted sign area for each street frontage. In addition, multiple lots may pool together their frontages to allow for a larger shared sign at an appropriate location.

Lettering painted on buildings will require a permit and will be counted toward maximum sign area allowed.

No sign shall obstruct traffic or violate the sight triangle visibility as defined in section 111-581. No sign with a commercial message shall be placed in the right-of-way without first obtaining a license to encroach.

Such centers in existence on June 2, 2010, shall follow the total permitted sign area requirements of this section, except as follows:

The maximum area of such sign shall be no more than six square feet per side with the maximum height being 42 inches. Sandwich board signs shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Sandwich signs are only allowed within the downtown district overlay.

No revolving or rotating beam or beacon of light that simulates any emergency light or traffic device shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign; however, illuminated signs that indicate customary public information, such as time, date, temperature or other similar information, shall be permitted.

External lighting, such as floodlights, thin line and goose neck reflectors, are permitted, provided the light source is directed on the face of the sign and is effectively shielded so as to prevent beams or rays of light or glare or other unsafe conditions from being directed into any portion of the traveled roadway.

The illumination of any sign within 200 feet of a residential lot line shall be diffused or indirect in design to prevent direct rays of light from shining into adjoining residential districts or lots.

Any extension or power cords used shall not be visible or accessible but secured in rigid conduit or otherwise safely secured as required by the currently adopted city electrical code.

No sign shall be illuminated to such intensity to exceed a maximum of one footcandle measured at the property line.

The dwell time, defined as the interval of change between each individual static message, shall be at least eight seconds, and a change of message must be accomplished within one second or less. The dwell time shall not include the one second or less required to change a message.

The sign shall contain a default mechanism that will freeze in one position if a malfunction occurs.

The sign must contain a control system which automatically adjusts the display's intensity according to natural ambient light conditions. In addition, the sign may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or results in a nuisance to the driver.

The sign shall not be configured to resemble a warning or danger signal or cause the driver to mistake the sign for such.

No animated signs shall be permitted within 75 feet of a residentially-zoned property or property used for residential purposes.

Any change of pictures or information on the animated sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation.

Signs having a face area of greater than 242 square feet shall not be erected within a radius of 1,500 feet of another similar-sized sign except for the expressway corridors where only the Texas Department of Transportation distance requirements shall apply.

Signs having a face area ranging from 100 to 242 square feet shall not be erected within a radius of 1,500 feet of another similar-sized sign except for the expressway corridors where only the Texas Department of Transportation distance requirements shall apply. Signs within this range of size are allowable only on streets designated by the comprehensive plan thoroughfare map as a major arterial, minor arterial or collector.

Signs having a face area of less than 100 square feet shall not be erected within a radius of 1,500 feet of another similar-sized sign except for the expressway corridors where only the Texas Department of Transportation distance requirements shall apply.

Signs are not in violation of this section because of their proximity to one another if they are located so that their messages are directed toward traffic flowing in different directions, but in no case may be within a radius of 1,500 radial feet of another similarsized sign except for the expressway corridors where only the Texas Department of Transportation distance requirements shall apply.

Bench signs with advertising shall not be used in the calculation of distances between signs due to specific placement requirements usually affixed to bench signs.

No sign shall be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device, or interfere with a driver's view of approaching or intersecting traffic.

No new billboard signs shall be allowed within 500 feet from any church, religious institution, cemetery, preschool, school, college, public park, public playground or designated scenic area.

Signs are not allowed on tracts of land not platted in accordance with chapter 109.

Signs shall only be freestanding and shall not be placed on or through buildings or roofs.

The total sign area of all signs on a developed lot or tract cannot exceed the maximum sign area otherwise allowed on that particular developed lot or tract.

Animated signs shall comply with the following additional regulations:

Political signs placed on private property (in accordance with state law);

Garage sales signs in accordance with section 111-334; and

Banners no greater than 80 square feet and mounted in accordance with section 111-280(e);

Sandwich board signs within the downtown district overlay so long as said signs do not cause the width of the pedestrian sidewalk to be reduced to less than four feet in width, and the sign is removed at the end of each business day; and

Signs that are inside a building, or signs that do not have a primary purpose of being legible from a public street or another property.

Repairs or modifications of a legal nonconforming sign cannot increase the amount of nonconformance.

A sign shall not be erected without first having obtained a permit from the department of planning and development of the city. A permit application must be submitted to be reviewed and appropriate fees paid prior to review, approval and construction.

An engineering seal shall be required on any freestanding sign when the wind load design requires it by the adopted building codes. All signs requiring permits, except for banners, shall be erected only by a sign contractor registered annually with the city as specified in article III, division III, of this chapter. All electrical and structural specifications shall meet the currently adopted codes of the city.

Permits issued for all signs shall expire within 90 days of issuance.

Such signs no greater than 80 square feet do not require city sign permits.

Such signs no greater than 80 square feet are exempt from the total permitted sign area calculation described in section 111-277(b).

The total area of all such signs on a building or tenant space mounted to or attached to any portion of the building or building support columns shall not exceed 20 percent of the area of the wall on which said signs are attached.

All such signs shall be removed and/or replaced no longer than one year from the date of placement or when such signs become tattered, torn, or otherwise contrary to the requirements of section 111-279, whichever occurs first.

Such signs shall be mounted in one of the following manners:

Banner signs commonly referred to as "wind flags," "feather flags," or similar, are allowed subject to the following but only for properties located outside the downtown district overlay:

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance;

Any advertising sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;

Works of art that do not include a commercial message as its primary intent;

Lights and decorations with no commercial message (such as holiday);

Traffic control signs on private property, such as stop, yield and similar signs, the face of which contain no commercial message of any sort;

Informational signs of a public utility regarding its poles, lines, pipes or facilities;

Signs placed by a governmental agency, public utility company or a contractor doing authorized or permitted work within the right-of-way; and

Event banners placed across city rights-of-way for special events as determined by the city manager's office or its agent who shall also establish the length of time banners may be erected.

Which is on the city right-of-way unless a "license to encroach" has been issued by the city commission or if it is part of the downtown district overlay and is part of an awning or suspended sign projecting over a public right-of-way provided they maintain a clearance of at least nine feet to the bottom of such projection and do not project more than two-thirds the distance of the existing sidewalk right-of-way;

Signs which require a sign permit but were erected without such a permit having been issued;

Which is not legible or in good repair, such as with broken faces, faded or missing letters, etc.;

That is not securely fixed as per building codes;

That attempts or appears to attempt to regulate, warn or direct the movement of traffic or which interferes with, imitates, or resembles any official traffic sign, signal or device (except actual traffic control devices installed by the appropriate authority);

That is erected or maintained upon trees, utility poles, or painted or drawn upon rocks or other natural features;

That is nonconforming and damaged or destroyed to an extent of more than 75 percent of the current fair market value as determined by the chief building official and approved by the construction board of adjustments and appeals using the procedures outlined in the International Building Code as adopted and amended by the city;

That prevents or obstructs or inhibits free ingress or egress from any doors, windows, or fire escapes or that are attached to a standpipe or fire escape; and

Any signs not expressly permitted under this article or exempt from regulation hereunder in accordance with the previous section are prohibited in the city. Such signs include, but are not limited to:

All reasonable efforts will be made to notify a property owner of a sign in violation of this article for their voluntary removal in a timely fashion.

If a property owner cannot be located or refuses to remove a sign in violation of this article, with approval from the construction board of adjustments and appeals the city may remove such sign and bill the property owner for reasonable recovery of time and costs associated with sign removal and disposal.

In a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;

Requiring a permit without first obtaining such permit; or

In such a way that is inconsistent with any plan or permit governing such sign or the lot on which sign is located;