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Huntsville City Zoning Code

ARTICLE 8

Signs

8.100 GENERAL

  • 8.101
    Purpose

    The sign regulations of this article seek to balance the public interest in promoting a safe, well-maintained, and attractive City with the interests of businesses, organizations, and individuals who rely on signs as a means to identify and advertise products, services, and ideas. The regulations have the following specific objectives:

    1. 8.101.A
      To encourage the effective use of signs as a means of identification and communication for businesses, organizations and individuals in the City;
    2. 8.101.B
      To provide a means of way-finding in the community, thus reducing traffic confusion and congestion;
    3. 8.101.C
      To ensure maintenance of signs;
    4. 8.101.D
      To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the City;
    5. 8.101.E
      To protect the safety and welfare of the public by minimizing sign-related hazards to pedestrian and vehicular traffic;
    6. 8.101.F
      To promote the reasonable, orderly and effective display of signs by minimizing visual clutter; and
    7. 8.101.G
      To minimize the possible adverse effects of signs on nearby public and private property, in particular on residential uses and districts.
  • 8.102
    Scope and Applicability

    All signs are subject to the regulations of this article and all other provisions of this Development Code unless otherwise expressly stated. It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, any sign within the City, except in conformance with this Development Code.

  • 8.103
    Substitution of Messages

    The sign regulations of this article are not intended to favor commercial speech over constitutionally protected political or noncommercial speech. Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful noncommercial message as long as the sign complies with all regulations governing sign size, height and location and with all other applicable requirements of this Development Code.

  • 8.104
    Compliance with Other Codes and Regulations

    In addition to the sign regulations of this article, all signs must comply with the building code and all other applicable regulations.

  • Effective on: 2/22/2023

    8.200 PROHIBITED SIGNS

    The following signs and sign characteristics are prohibited except as otherwise expressly stated:

    1. 8.201
      Signs for which no required permit has been issued;
    2. 8.202
      Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress;
    3. 8.203
      Signs that interfere with an opening required for ventilation;
    4. 8.204
      Signs that obstruct, impair, obscure, interfere with the view of, or that may be confused with, any authorized traffic control sign, signal, or device;
    5. 8.205
      Signs that violate the intersection sight visibility regulations of §10.407.D;
    6. 8.206
      Signs located in, or that project into, the right-of-way or planned right-of-way of a public street, except as expressly allowed by Sec. 8.400 (this prohibition does not apply to public safety (e.g., “stop,” yield,” “school zone”) signs placed by or by order of an authorized governmental agency);
    7. 8.207
      Strobe lights; beacons; flashing, moving, blinking, or chasing lights; or other effects that create the appearance of movement or shape changes;
    8. 8.208
      Signs affixed by any means to a tree, utility pole or traffic control device;
    9. 8.209
      Sign displays with a brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle;
    10. 8.210
      Signs attached to or painted on an inoperable or unlicensed vehicle (motorized or non-motorized) visible from the right-of-way;
    11. 8.211
      Signs attached to or painted on a licensed motor vehicle if the sign: (1) directs attention to a business, service, commodity, or activity offered or sold on the premises and (2) if the vehicle is parked closer to the street than the nearest building wall (does not apply to vehicles parked for the purpose of immediate loading and unloading);
    12. 8.212
    13. 8.213
      Portable signs, whether existing or new.

    Effective on: 2/22/2023

    8.300 EXEMPT SIGNS

    The following signs are exempt signs, which means that they are not counted as signs for purposes of determining the number of signs or amount of signage on a lot. These exempt signs do not require a sign permit unless they are illuminated, in which case they do require a sign permit and review for compliance with applicable codes.

    1. 8.301
      Directional Signs
      1. 8.301.A
        One directional sign may be installed at each vehicle entrance and exit. Such signs may be illuminated, but they may not exceed 4 square feet in area or 5 feet in height. Commercial messages may not comprise more than 50% of the area of a directional sign.
      2. 8.301.B
        Off-street parking areas with a capacity of more than 4 vehicles may display signs that do not exceed 12 square feet in area or 10 feet in height. Such signs are allowed for the purposes of informing patrons and visitors about parking rates and rules, the location of stairways and elevators, pedestrian routes, restrooms, and other on-site facilities. Such signs may not be illuminated and may not contain any commercial message.
    2. 8.302
      Menu Board Signs

      Menu board signs that are accessory to allowed drive-through uses are permitted in addition to other allowed signs, as follows:

      1. 8.302.A
        Number and Dimensions

        One primary menu board not to exceed 36 square feet in area or 8 feet in height is allowed per order station up to a maximum of 2 primary menu boards. One secondary menu board not to exceed 15 square feet in area or 6 feet in height is allowed.

      2. 8.302.B
        Residential Separation

        Menu board signs must be set back at least 50 feet from RU, LR, and MR districts.

      3. 8.302.C
        Visibility

        Menu board signs are intended to convey information to motorists within the boundaries of the development and therefore may not be located or oriented to be visible from off site.

    3. 8.303
      Newspaper Vending Boxes

      Vending boxes offering newspapers, brochures or other printed material (whether for sale or free) are not regulated as signs. Such boxes may be placed on sidewalks, provided they do not impede motorized or nonmotorized traffic.

    4. 8.304
      Temporary Signs
      1. 8.304.A
        Real Estate Signs

        One “For Sale,” “For Rent” or similar real estate sign is allowed per street frontage. Such signs are limited to a maximum of 32 square feet in area and 16 feet in height except in RU, LR, and MR districts, where they are limited to 8 square feet in area and 8 feet in height.

      2. 8.304.B
        Construction Signs

        Up to 3 construction signs are allowed per street frontage during the time that construction or development activity is occurring on the subject lot. Such signs may not exceed 32 square feet in area or 16 feet in height. Construction signs must be removed within 2 weeks of completion of the construction or development.

      3. 8.304.C
        Campaign Signs

        Temporary campaign signs are allowed only on private property and only with the consent of the subject property owner. In RU, LR, and MR​​​​​​​ districts campaign signs may not exceed 8 square feet in area.

      4. 8.304.D
        Nameplates

        Nameplates attached to the wall of a building are exempt signs, provided they do not exceed 4 square feet in area.

      5. 8.304.E
        Window Signs

        Window signs are exempt signs, provided they do not cover more than 50% of the area of the window to which they are affixed.

    5. 8.305
      Other Exempt Signs

      The following additional signs are exempt signs:

      1. 8.305.A
        Signs established by, or by order or authorization of, any governmental agency;
      2. 8.305.B
        Flags, emblems or insignia of any nation or political subdivision;
      3. 8.305.C
        Commemorative wall plaques and memorial wall signs;
      4. 8.305.D
        Signs that are not legible from any public right-of-way or from beyond the boundaries of the lot or parcel;
      5. 8.305.E
        Signs within completely enclosed buildings and that are located more than 12 inches from any window;
      6. 8.305.F
        Holiday displays containing no commercial message;
      7. 8.305.G
        Labels and notices on accessory equipment or structures, provided the label or notice does not exceeding 15 square inches in area;
      8. 8.305.H
        Address and street number signs;
      9. 8.305.I
        Signs within a stadium or ball field designed to be viewed solely by spectators within facility;
      10. 8.305.J
        “No trespassing,” “no dumping” and similar warning/security signs that do not to exceed 8 square feet in area; and
      11. 8.305.K
        Non-illuminated awnings with no more than 6 square feet of sign (copy) area on the border of the awning.

    (Ord. No. 2024-20, 09/03/2024) 

    Effective on: 9/13/2024

    8.400 SIGNS IN THE RIGHT-OF-WAY

  • 8.401
    General Prohibition

    With the exception of signs lawfully permitted or erected before June 16, 1981 or as otherwise expressly stated in this article, signs are prohibited on a public street, public sidewalk, public right-of-way, public curb or other public property without the express consent of the City Council.

  • 8.402
    Nonprofit Temporary Signs in the Public Right-of-Way

    The City Planner is authorized to allow nonprofits to places temporary signs in public rights-of-way when all of the conditions of this subsection are met.

    1. 8.402.A
      Permit Required

      Any person or entity desiring to place a temporary sign in the public right-of-way must obtain a permit to do so from the City Planner.

    2. 8.402.B
      Size, Type and Number
      1. 1.
        A temporary sign placed in the public right-of-way must be freestanding and may not exceed 6 square feet in area.
      2. 2.
        No more than 2 signs may be permitted per intersection, and no more than one sign is allowed per block.
      3. 3.
        A maximum of 50 signs may be located within the right-of-way within the City limits at any one time.
    3. 8.402.C
      Duration and Location
      1. 1.
        A temporary sign may be placed in the right-of-way for a period of up to 21 days with a limit of 4 permits per year (per individual or organization) with a minimum of 30 days between permit periods. Removal of the temporary signs must be accomplished by the responsible person, as noted on the permit, before the 22nd day from the date the permit was issued.
      2. 2.
        Temporary signs are not allowed on IH-45 or State Highway 19 rights of way.
  • 8.403
    Removal of Signs in the Public Right-of-Way

    The City Council authorizes the seizure and removal of any unlawful sign found within a public right-of-way. The Building Official, street department employees, and police department employees are authorized to impound any unlawful signs found on a public right-of-way and to store them for up to 30 days, except that any developer, political, real estate, garage sale or other similar stake-type signs constructed of cloth, wood, paper or similar lightweight materials may be disposed of immediately.

  • (Ord. No. 2024-20, 09/03/2024) 

    Effective on: 9/13/2024

    8.500 ON-PREMISE SIGNS

  • 8.501
    Applicability

    The regulations of this section govern non-exempt on-premise signs directing attention to a business, commodity service, or entertainment conducted, sold, or offered upon the premises where such sign is located or to which it is affixed.

  • 8.502
    Residential Districts and Residential Uses in All Districts
    1. 8.502.A
      Applicability

      The regulations of this subsection apply to on-premise signs accessory to residential uses in all zoning districts and to all nonresidential uses in residential districts. These are in addition to any exempt signs allowed pursuant to Sec. 8.300.

    2. 8.502.B
      Development, Neighborhood and Subdivision Identification Signs
      1. 1.
        Residential developments, neighborhoods and subdivisions, including manufactured housing parks, are allowed a single freestanding sign at each street entrance to the development, neighborhood or subdivision.
      2. 2.
        Residential development, neighborhood and subdivision identification signs must be monument signs. They may not exceed 32 square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed 150 square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.
    3. 8.502.C
      Nonresidential Uses

      The following regulations apply to all principal nonresidential uses in residential districts.

      1. 1.
        Wall Signs

        Nonresidential uses in residential districts are allowed a maximum of one wall sign per public building entrance. Such signs may not exceed 32 square feet in area.

      2. 2.
        Freestanding Signs

        Nonresidential uses in residential districts are allowed a maximum of one freestanding sign per street frontage. Allowed freestanding signs are subject to a maximum height limit of 20 feet and may not exceed 32 square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed 150 square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.

  • 8.503
    Signs in Nonresidential and Mixed Use Districts
    1. 8.503.A
      Applicability

      The regulations of this subsection apply to on-premise signs accessory to nonresidential uses in all nonresidential and mixed use districts. These are in addition to any exempt signs allowed pursuant to Sec. 8.300.

    2. 8.503.B
      Historic Preservation Compatibility Review in Downtown District

      All signs constructed in the Downtown (D) district shall be administratively reviewed for compatibility with the goals of the Historic Preservation Commission, namely to protect and enhance Huntsville's attractiveness to visitors and the support and stimulus to the economy thereby provided.

    3. 8.503.C
      Signs Allowed
      1. 1.
        Wall Signs

        Wall signs are allowed in all D, nonresidential, mixed use, and PD districts. Wall signs may not exceed an aggregate area of more than 3 square feet per linear foot of building wall to which they are attached. Wall signs are not counted against a lot’s allowed sign budget, pursuant to §8.503.D.

      2. 2.
        Projecting Signs
        1. a.
          Projecting signs are allowed in all D, nonresidential, mixed use, and PD districts. Projecting signs are counted against a lot’s allowed sign budget, pursuant to §8.503.D.
        2. b.
          Projecting signs may not exceed 20 feet in height or the height of the principal building on the lot, whichever is less.
      3. 3.
        Freestanding Signs
        1. a.
          Freestanding signs are allowed in all D, nonresidential, mixed use, and PD districts. Freestanding signs are counted against a lot’s allowed sign budget, pursuant to §8.503.D.
        2. b.
          Freestanding signs may not exceed 20 feet in height and the maximum height of a freestanding sign within 100 feet of Highway 19 is 30 feet.
        3. c.
          Freestanding signs on lots with frontage on Veterans Memorial Parkway must be monument-style signs that have their sign base directly on the ground or no more than 12 inches above the ground directly beneath the sign.
          1. (1)
            Required monument signs must be constructed of brick, wood, stone, or metal and have a base that is at least 80% of the width of the top of the sign structure.
          2. (2)
            In the Veterans Memorial Parkway Overlay​​​​​​​, required monument signs may not exceed 6 feet in overall height above grade, as measured from the base of the sign.
          3. (3)
            In the I-45 Overlay, required monument signs may not exceed 35 feet in overall height above grade, as measured from the base of the sign. 
          4. (4)
            The ground area surrounding the base of all required monument signs must be landscaped. The landscape area must be at least as large as the sign area and include shrubs, perennial and/or annual flowers, ornamental grasses, and/or vegetative ground cover.
    4. 8.503.D
      Sign Budget
      1. 1.
        Applicability

        The sign budget provisions of this subsection govern the maximum aggregate number and combined area of all projecting and freestanding signs allowed on a lot in D, the nonresidential, and PD districts, expect as otherwise expressly stated.

      2. 2.
        Maximum Number

        The maximum aggregate number of all projecting and freestanding signs on a lot may not exceed 1 per 100 feet of street frontage or fraction thereof.

      3. 3.
        Maximum Area
        1. a.
          The maximum aggregate sign area of all projecting and freestanding signs allowed on a lot may not exceed 2 square feet per linear feet of street frontage. A freestanding sign on a lot occupied by a shopping center or office building with 3 or more tenants is allowed a maximum sign area of 3 square feet per linear feet of street frontage if there is only one freestanding sign on the subject lot.
        2. b.
          In addition to the maximum aggregate sign area limits, no individual projecting or freestanding sign may exceed 300 square feet in area outside of the I-45 Overlay and 200 square feet in the I-45 Overlay.
        3. c.
          In the Medium Density Residential District, wall signs are prohibited.
  • (Ord. No. 2024-20, 09/03/2024) 

    Effective on: 9/13/2024

    8.600 DYNAMIC DISPLAYS

    The regulations of this section apply to dynamic displays on all signs.

    1. 8.601
      Where Allowed

      Dynamic displays are prohibited in D and residential districts. They are allowed in other zoning districts, subject to the dynamic display regulations of this section.

    2. 8.602
      Maximum Dynamic Display Area

      The dynamic display portion of any sign may not exceed 75 square feet or the total allowed area of the subject sign, whichever is less, except that the maximum dynamic display area for signs located within 150' of Interstate 45 is 150 square feet. Only one contiguous dynamic display is allowed on a sign face.

    3. 8.603
      Orientation

      Dynamic displays must be oriented away from residential districts and residential uses.

    4. 8.604
      General Regulations

      The general regulations of this subsection (§ 8.604) apply to all dynamic displays.

      1. 8.604.A
        Dynamic displays must be equipped with a default mechanism that freezes the display in one position or presents a static or blank display if a malfunction occurs.
      2. 8.604.B
        Dynamic displays may not have a brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle.
      3. 8.604.C
        Dynamic displays must be equipped with a light detector/photocell that automatically adjusts the display's brightness according to natural ambient light conditions or that can be adjusted to comply with the requirements of § 8.604.D.
      4. 8.604.D
        The maximum brightness level of a dynamic display shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals.  Illuminance shall be measured with the dynamic display off, and again with the sign displaying a white image for a full color-capable sign, or a solid message for a single-color sign.  All measurements shall be taken perpendicular to the face of the sign at the distance as calculated using the following formula:

        Measurement Distance = square root of the Area of Sign Sq. Ft. x 100

      5. The difference between the off and solid-message measurements using the calculated measuring criteria shall not exceed 0.3 footcandles.

        1. 1.
          If the measurement is more than the maximum allowed, the brightness level is in violation of this Development Code and must be adjusted downward. Failure to make such adjustments may result in other available enforcement actions to be taken by the City.
      6. 8.604.E
        Regulations governing dynamic displays are subject to ongoing monitoring and future modification in the exercise of the City’s police powers. No vested right is ever created in an existing dynamic display. If regulations governing operational aspects of dynamic displays (e.g., dwell time, transitions, illumination/brightness, etc.,) are modified by the City, sign owners and operators are required to bring dynamic display advertising signs into compliance with all applicable dynamic display regulations.
      7. 8.604.F
        Light trespass or spillover from any dynamic display may not cause the light level along any residential district property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination, to exceed 0.1 footcandles above ambient light levels at the subject property line.

    (Ord. No. 2024-20, 09/03/2024) 

    Effective on: 9/13/2024

    8.700 OFF-PREMISE SIGNS

    Off-premise signs may not be installed or enlarged after the effective date specified in Sec. 1.300 at any location in the City of Huntsville and Extraterritorial Jurisdiction (ETJ) of the City. Off-premise signs lawfully established before the effective date specified in Sec. 1.300 are deemed nonconforming signs and may continue to exist in their current location in accordance with the regulations of §8.900.

    Effective on: 1/1/1901

    8.800 ADMINISTRATION AND ENFORCEMENT

  • 8.801
    Sign Permits
    1. 8.801.A
      All freestanding signs and illuminated signs require review, approval and issuance of a sign permit, unless otherwise expressly stated.
    2. 8.801.B
      Any person proposing to erect any sign requiring a sign permit must submit a sign permit application to the City Planner. Application for such permit must be accompanied by detailed plans, including scaled drawings of the proposed sign, a site plan and other information deemed necessary by the City Planner to determine compliance with applicable regulations.
    3. 8.801.C
      Sign permit fees must be paid prior to the issuance of a sign permit.
    4. 8.801.D
      If the work associated with a sign permit has not been completed within one year of the date of the issuance of the permit, such permit will lapse and become null and void.
  • 8.802
    Enforcement

    The enforcement provisions of Article 14 apply to signs.

  • Effective on: 2/22/2023

    8.900 NONCONFORMING SIGNS

  • 8.901
    A nonconforming sign is a sign that was lawfully established but no longer complies with the sign regulations of this Development Code. Any nonconforming sign in lawful existence on the effective date specified in Sec. 1.300 or any sign that becomes nonconforming upon adoption of any amendment to this Development Code may be continued in accordance with the regulations of this article unless otherwise expressly stated. Such nonconforming signs must be maintained in good repair and visual appearance.
  • 8.902
    A nonconforming sign and any sign structure must be removed or otherwise modified to comply with the sign regulations of this article if it is damaged or destroyed and the extent of damage or destruction is more than 60% of the cost of erecting a new equivalent sign in the same location, as evidenced by a certified cost estimate from a bona fide sign company.
  • Effective on: 1/1/1901

    8.1000 SIGN MAINTENANCE, ABANDONMENT AND REMOVAL

  • 8.1001
    Sign Maintenance

    All signs (including nonconforming signs) must be maintained in safe, presentable, and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for sound maintenance and appearance of the sign. Any sign that is deemed by the City to be in violation of these maintenance provisions or other applicable regulations of this ordinance may be ordered to be removed by the property/sign owner after notice has been given.

  • 8.1002
    Obsolete or Abandoned Signs

    In conformance with Section 216.003(e) of the Texas Local Government Code, signs and sign structures must be removed within one year of the date the business, person, or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. If the premises containing the sign or sign structure is leased, removal is required within 2 years of the date the most recent tenant ceases to operate on the premises.

  • 8.1003
    Responsibility for Removal

    When removal of a sign is required, both the owner of the property on which the sign is located and the owner of the sign, if different, are jointly and severally responsible for removal.

  • Effective on: 1/1/1901

    8.1100 MEASUREMENTS

  • 8.1101
    Sign Area
    1. 8.1101.A
      Signs Enclosed in Frames or Cabinets

      The area of a sign enclosed in a frame or cabinet is determined based on the outer dimensions of the frame or cabinet surrounding the sign face (see Figure 8-1). 

  • Figure 8-1: Sign Area Measurement (Signs in Cabinets or Frames)
    1.  
      1. 8.1101.B
        Channel (individual) Letter Signs
        1. 1.
          The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g. square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements (see Figure 8-2).
        2. 2.
          Signs consisting of individual letters and/or elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter (see Figure 8-3).
    Figure 8-2: Sign Area Measurement (Individual Letter Signs)
    Figure 8-3: Sign Area Measurement (Single vs. Multiple Signs)
    1.  
      1. 8.1101.C
        Multi-Sided Signs

        Unless otherwise expressly stated, when the sign faces of a multi-sided sign are parallel or within 30 degrees of parallel, only one side is counted for those purpose of determining the area and number of signs. If the sign faces are not parallel or within 30 degrees of parallel, all sign faces are counted (see Figure 8-4).

    Figure 8-4: Multi-Sided Signs
    1. 8.1102
      Sign Height

      Sign height is measured from the average ground elevation beneath the sign to the highest point of the sign face.

    2. 8.1103
      Setback, Spacing and Separation Distances
      1. 8.1103.A
        Required setback, spacing and separation distances between signs must be measured in a straight line from the nearest points on the respective sign structures.
      2. 8.1103.B
        Required separation distances between signs and zoning districts, areas or lots must be measured in a straight line from the nearest point on the sign structure to the nearest point of the subject district, area or lot.

    Effective on: 2/22/2023