Under the power of this ordinance and authority granted by Article 961 of the Vernon's Texas Civil Statutes and Article 1015, Subsection 23 of the Vernon's Texas Civil Statutes, the Town of Hickory Creek, Texas adopts the following special provisions which shall apply to the various types of signs in the zoning districts:

(1)

Permits and Fees. Unless otherwise excepted, all signs shall require a permit and permit fee which shall be paid to the Town of Hickory Creek, Texas according to the "Application and Fee Schedule" resolved by the Town Council. Permits may be obtained from the Town Secretary after approval by the Town Building Official.

(2)

Permanent Signs.

(a)

A name plate not exceeding two square feet shall be permitted in all districts.

(b)

An institutional sign not to exceed 20 square feet shall be permitted in related districts.

(c)

An apartment sign not to exceed 20 square feet in all districts permitting apartments.

(d)

A general business sign not to exceed 20 square feet by specific use permit in LI-1 Industrial, C1 and C2 Commercial, PB-1 Professional Building, U-1 Utility and PD Planned Development Districts.

(e)

All permanent signs shall have a one-time permit and fee required. Any change in such sign shall require a new permit and fee.

(3)

Temporary Signs. Temporary shall be defined as the time, approved and listed on the sign permit, required for the intended purpose but in no circumstances shall the time be more than one year and include, but not limited to, the following:

(a)

A real estate sign not exceeding 12 square feet shall be permitted in all districts. No permit or fee shall be required if said sign is located on private property.

(b)

A construction sign not exceeding 40 square feet shall be permitted in all districts. A permit and fee shall be required.

(c)

A sales and promotional sign not exceeding 40 square feet shall be permitted for new subdivisions. A permit and fee shall be required.

(4)

No sign shall be located less than five feet back from the front property line nor constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal or project rays of light into any residential area.

(5)

No sign shall be located on any public right-of-way of any street or alley until approved by the Town Council. A permit and fee shall be required.

(6)

All sign drawings and/or samples must be presented to and approved by the Town Building Official-Engineer before construction or erection of sign.

(7)

All signs shall be required to be conforming in height and appearance in any area where placed.

(8)

All signs requiring a permit shall have the permit number indicated [on] the sign and all signs shall be kept in good repair and painted when necessary.

(9)

The removal of any signs, permanent or temporary, shall be at the expense of the owner or erector. All temporary signs must be removed within 48 hours after the permit has expired.

(10)

Any nonconforming signs existing prior to this ordinance shall be removed upon any change of user of said nonconforming sign and all new signs shall comply with the requirements of this ordinance.

(Ord. 86-10-114)

(1)

Permit Required.

(a)

No person, firm, nonprofit organization, or corporation shall operate or participate in an occasional sale within the limits of the Town of Hickory Creek without first obtaining an occasional sale permit.

(b)

An occasional sale permit must be obtained by an adult owner or occupant of the property upon which the sale will be conducted.

(c)

Occasional sale permits shall only be issued for properties that are zoned for residential use.

(d)

Permits are issued by property address, not applicant name.

(e)

Only individuals who are residents of the Town of Hickory Creek may apply for an occasional sale permit.

(f)

The fee for an occasional sale permit shall be as listed on the "Hickory Creek Application and Fee Schedule" [article XXXI].

(g)

The occasional sale permit must be displayed at the location on all date(s) of the sale.

(h)

An occasional sale permit shall be issued no more than ten business days prior to the start of the sale.

(i)

Permit fees will not be refunded under any circumstances.

(2)

Conduct of Sale.

(a)

An occasional sale permit shall be valid for up to three consecutive calendar days.

(b)

The number of occasional sales shall not exceed two in any 12 month period at a property. A period of 30 days must elapse between sales.

(c)

On each day the sale is allowed to open no earlier than sunrise.

(d)

A person shall sell tangible personal property only on the premises of the owner or lessee of the property on which the sale is conducted, and the owner or lessee must be the legal owner of the tangible personal property at the time of sale.

(e)

A person shall not sell, offer, or advertise sale of merchandise made, produced, or acquired solely for the purpose of resale at an occasional sale.

(f)

No component of the sale may extend onto or impede progress on any public property or right-of-way.

(g)

All sale items, including but not limited to items for sale, tables, racks, tarps, boxes, signs, etc., must be removed no later than 8:00 a.m. of the day following the close of the sale.

(h)

No more than three families may combine their property at a single sale.

(i)

Cancellations.

(1)

If inclement weather occurs on any part of a scheduled sale resulting in the cancellation of the occasional sale in its entirety, at the discretion of the permitting official, the sale shall not count toward the maximum number of sales permitted within one calendar year.

(2)

Occasional sales will only be rescheduled due to inclement weather at the discretion of the permitting official.

(3)

The holder of the permit must contact the permit office on the next business day following the cancellation of the occasional sale to reschedule the date of the sale. Failure to do so will result in the sale being counted towards the annual number allowed.

(j)

If the conduct of an occasional sale in any way impedes progress on a public right-of-way or becomes a public nuisance, the code enforcement officer or police department may order the immediate suspension or closure of the sale.

(3)

Signs.

(a)

All signs must display the occasional sale permit number in the bottom right corner.

(b)

All signs must display the address of the property on which the sale will be conducted with date(s) and time of the sale.

(c)

A total of five signs may be placed for any one sale. Signs must be placed on private property with the prior permission of the owner of the property indicated by the signature of the owner on the back of the sign.

(d)

Signs must be a minimum of three feet behind the property line and may not interfere with, obstruct the view of, or be confused with any authorized sign, signal, or device or interfere with vehicular or pedestrian traffic.

(e)

Signs may be displayed no earlier than 24 hours prior to the start of the sale.

(f)

Signs shall be no larger than four square feet and must be posted using a metal or wood stake driven into the ground. All other posting methods are prohibited.

(g)

Illuminated, moving, wind, and vehicular signs are prohibited.

(h)

Signs may not be placed on any medians, signal light poles, traffic-control devices, or any property owned or maintained by the Town, county or state.

(i)

All signs must be removed within 12 hours after the close of the sale. Failure to remove signs could result in a fine to the person conducting the sale.

(j)

Any sign placed in violation of this Ordinance or any sign which has become torn, faded, or otherwise damaged may be removed by the code enforcement officer or a designee of the Town of Hickory Creek without notice. Repeated or excessive violations could result in a fine being issued to the person(s) conducting the sale, placing the signs, or owning the property on which the sale is being conducted.

(4)

Home Owners Associations and Non Profit Organizations.

(a)

A Home Owners Association shall be permitted to have a combined community sale.

(1)

A Board Member of the Home Owners Association shall be responsible for obtaining the occasional sale permit.

(2)

Application for a community sale must include the name of the organization, the address of sale or addresses of all locations participating, and the name and contact information of the Member obtaining the permit.

(3)

The number of families participating in a Home Owners Association sponsored sale is not restricted.

(4)

A community sale shall not be counted toward the number of sales per year on an individual property address at the permitting official's discretion.

(b)

Nonprofit Organizations may only conduct a community sale on the Nonprofit Organization's property or other property, regardless of zoning, at the permitting official's discretion.

(1)

If conducting an occasional sale on property not owned by the Organization, a letter from the owner or person in control of the property upon which the sale will be conducted authorizing its use must be presented to the Town of Hickory Creek with the application.

(2)

The number of families participating in a Nonprofit Organization sponsored sale is not restricted.

(3)

A community sale sponsored by a Nonprofit Organization shall be counted as a sale against the maximum number of sales annually at a property address at the discretion of the permitting official.

(c)

Home Owners Associations and Nonprofit Organizations must comply with all other terms and conditions applicable to residential occasional sales.

(d)

The fee for an occasional sale conducted by a Home Owners Association or Nonprofit Organization may be waived, upon verification of status, at the permitting official's discretion.

(Ord. 2009-02-649, 2/17/09)