Jacksboro City Zoning Code
Division 3
Other Requirements
§ 9.03.221 Purpose.
Off-street parking and loading regulations are designed to lessen congestion on public streets, to facilitate adequate provisions of transportation and to provide adequate access for public safety equipment.
(Ordinance O-02-2020, sec. 12-100, adopted 3/23/2020; 1997 Code, sec. 154.65)
§ 9.03.222 Off-street parking regulations–Residential.
(a)
All residential lots in zoning districts SF-1, SF-2 and MH-1 shall provide a minimum of two (2) parking spaces per lot.
(b)
All required parking spaces shall be provided on the same site as the use it serves.
(c)
All required parking spaces shall be provided on concrete, asphaltic concrete or other improved surface.
(Ordinance O-02-2020, sec. 12-200, adopted 3/23/2020; 1997 Code, sec. 154.66)
§ 9.03.223 Off-street parking regulations–Nonresidential and MF districts.
(a)
All required parking spaces, driveways, maneuvering areas, traffic lanes and loading areas shall be provided on concrete, asphaltic concrete or other improved surfaces.
(b)
All parking lots shall utilize continuous concrete curb and gutter sections to delineate the outside boundaries of the lot, any and all landscape medians, driveways or other areas not accessible to vehicular traffic.
(c)
For firefighting and safety purposes, free access through to adjacent parking areas shall be provided between adjoining parcels or building sites.
(d)
All required parking spaces shall be provided on the same site as the use it serves unless the board of zoning adjustment grants a special exception. Parking spaces shall be permanently and clearly marked by stripes, buttons, tiles, curbs, barriers or other approved methods. Non-permanent markings, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
(e)
Each standard 90-degree off-street parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in depth. Truck spaces shall be a minimum of forty (40) feet by fifty (50). Traffic lanes shall support bi-directional traffic and be a minimum of twenty-four (24) feet in width. Other parking standards and arrangements are shown in appendix A, Parking Illustrations.
(f)
All parking and loading spaces, and vehicle sales areas on private property, shall have a vehicle stopping device installed so as to prevent the parking of motor vehicles in any required landscaped areas, and to prevent any parked vehicle from overhanging a public right-of-way line or a public sidewalk. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site and no public right-of-way shall be used for backing or maneuvering into or out of a parking space (see appendix A, Parking Illustrations).
(g)
Handicap parking space(s) shall be provided according to the state program for the elimination of architectural barriers.
(Ordinance O-02-2020, sec. 12-300, adopted 3/23/2020; 1997 Code, sec. 154.67)
§ 9.03.224 Off-street loading regulations–All districts.
All retail, commercial and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof. A loading area shall consist of an area of a minimum of twelve (12) feet by thirty (30) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks (see appendix A, Parking Illustrations).
(Ordinance O-02-2020, sec. 12-400, adopted 3/23/2020; 1997 Code, sec. 154.68)
§ 9.03.225 Parking requirements.
Off-street parking spaces in accordance with the following requirements shall be provided at the time any building or structure is erected or structurally altered.
(1)
Automotive, bus or truck repair, parking or storage area, or garage: One (1) space for each two hundred (200) square feet of gross floor area with a minimum of five (5) spaces.
(2)
Bank, savings and loan or similar financial institution: One (1) space for each three hundred (300) square feet of gross floor area.
(3)
Bed and breakfast facility: One (1) space per guest room plus the requirements for a normal residential use.
(4)
Bowling alley: Six (6) spaces for each lane.
(5)
Business or professional office (general): One (1) space per three hundred (300) square feet of gross floor area except as otherwise specified herein.
(6)
Churches: One (1) space for each three (3) seats in the main body of the church for worshipers.
(7)
Clinics or doctors' offices: One (1) space for each three hundred (300) square feet of gross floor area with a minimum of five (5) spaces.
(8)
Commercial (outdoor) amusement: Twenty (20) spaces plus one (1) space for each one hundred (100) square feet of gross floor area over one thousand (1,000) square feet.
(9)
Convalescent home or home for aged: One (1) space for each three (3) beds.
(10)
Dance hall, assembly or exhibition hall without fixed seats: One (1) space for each two hundred (200) square feet of gross floor area.
(11)
Day nursery: One (1) space per five (5) pupils plus one (1) space per teacher.
(12)
Gasoline service station: Minimum of six (6) spaces.
(13)
Golf course: Minimum of thirty (30) spaces.
(14)
High school: One (1) space for each classroom, laboratory or instruction area plus one (1) space for each one and one-half (1-1/2) students accommodated in the school.
(15)
Hospitals: One (1) space for every two (2) beds.
(16)
Hotel or motel: One (1) space for each room, unit or guest accommodations plus requirements for clubs, restaurants and other uses.
(17)
Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee.
(18)
Library or museum: Ten (10) spaces plus one (1) space for each three hundred (300) square feet of floor area.
(19)
Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater.
(20)
Offices, general: One (1) space for each three hundred (300) square feet of floor area (minimum five spaces).
(21)
Places of public assembly not listed: One (1) space for each three (3) seats provided.
(22)
Recreational, private or commercial area or building (other than listed): One (1) space for every three (3) persons to be normally accommodated in the establishment.
(23)
Restaurant or cafeteria: One (1) space for every three (3) seats under maximum seating arrangement (minimum of five spaces).
(24)
Retail or personal service: One (1) space for each two hundred (200) square feet of floor area (minimum of five spaces).
(25)
Schools, elementary or junior high: One (1) space for each classroom plus one (1) space for each six (6) seats in any auditorium, gymnasium or other place of assembly.
(26)
Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater.
(27)
Theaters, meeting rooms and places of public assembly: One (1) space for every three (3) seats.
(Ordinance O-02-2020, sec. 12-500, adopted 3/23/2020; 1997 Code, sec. 154.69)
§ 9.03.226 Special off-street parking regulations.
(a)
In computing the parking requirements of any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.
(b)
In all residential districts, no parking space, garage or carport, or other automobile storage space or structure shall be used for storage of any truck, truck trailer or van except panel and pickup trucks not exceeding one (1) ton capacity.
(c)
Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use.
(d)
No open parking space or surfaced area shall be located nearer than two (2) feet to the side lot line.
(Ordinance O-02-2020, sec. 12-600, adopted 3/23/2020; 1997 Code, sec. 154.70)
§ 9.03.227 Parking requirements for new and unlisted uses.
(a)
Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted by the city manager as those of a similar listed use.
(b)
Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to above or where uncertainty exists, the planning and zoning commission shall establish the minimum off-street parking requirements.
(Ordinance O-02-2020, sec. 12-700, adopted 3/23/2020; 1997 Code, sec. 154.71)
§ 9.03.228 Fire lanes and hydrants.
Fire lane and hydrant easements shall be provided in accordance with the Standard Fire Prevention Code and/or as required by the fire marshal.
(Ordinance O-02-2020, sec. 12-800, adopted 3/23/2020; 1997 Code, sec. 154.72)
§ 9.03.251 Purpose.
The regulations balance the need to protect the public safety and welfare, the need for a well-maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives:
(1)
To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare;
(2)
To allow and promote positive conditions for sign communications;
(3)
To reflect and support the desired ambience and development patterns of the various zones, and promote an attractive environment;
(4)
To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street or roadway; and
(5)
To ensure that the constitutionally guaranteed right of free expression is protected.
(Ordinance O-02-2020, sec. 13-100, adopted 3/23/2020; 1997 Code, sec. 154.85)
§ 9.03.252 Scope.
(a)
General.
The requirements of this code apply to all signs, sign structures, awnings, and other types of sign devices located within the city, except as specified in subsection (b), below.
(b)
Signs and sign structures located within the city that cannot be seen from a public roadway are not subject to the size, height, locations and number regulations listed herein. These signs must however comply with safety and construction building code provisions in the city.
(Ordinance O-02-2020, sec. 13-200, adopted 3/23/2020; 1997 Code, sec. 154.86)
§ 9.03.253 Hierarchy of regulations.
(a)
Where there is a conflict between specific sign regulations and the base or general sign regulations of this code, the specific sign regulations supersede the base sign regulations.
(b)
Other conflicts.
Where there is a conflict between a land use regulation and a structural regulations, or other conflicts not otherwise addressed by this section, the most restrictive applies.
(Ordinance O-02-2020, sec. 13-300, adopted 3/23/2020; 1997 Code, sec. 154.87)
§ 9.03.254 Definitions.
A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign and shall be governed by applicable state case law and statutory law on abandoned structures.
A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
Environmentally activated.
Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
Mechanically activated.
Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors and other mechanically induced means.
Electrically activated.(A) (B)
Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing.
Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this article, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.
Patterned illusionary movement.
Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also: awning; backlit awning; and canopy, attached and freestanding.
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also: wall or fascia sign. An awning that contains a "sign" section or copy area shall comply with the applicable sign area requirements for parallel signs (see table 3 [in section 9.03.267]) contained in this code. Only the sign or copy area displayed on an awning shall be used to determine the permitted sign area -the entire awning shall not be included in a sign area calculation. Refer also to section 9.03.255 for visual reference example.
An awning comprised of covering material exhibiting the characteristic of luminosity obtained by means of a source of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign applied or affixed to the seat or back of a bench.
See off-premises sign and commercial outdoor advertising sign.
That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.
A sign that is applied or affixed to a building.
A multi-sided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. Similar to a marquee.
A multi-sided overhead structure supported by columns, but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a marquee sign. Refer also to section 9.03.255 herein for visual reference example.
A sign with the capability of content change by means of manual or remote input, includes the following types:
Manually activated.
Changeable sign whose message copy or content can be changed manually on a display surface.
Electrically activated.
Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also electronic message center.
A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.
A dimensional letter with a back and sides but no face at the front of the letter. Open faced channel letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite to an open faced channel letter. A reverse channel letter has an open channel facing the wall or building to which it is affixed. A reverse channel letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a backlit channel letter; also referenced as a halo or silhouette lighted channel letter. The face of a reverse channel letter does not illuminate.
A non-structural covering designed to conceal the actual structural supports of a sign. See also pole or pylon cover.
A temporary off-premises sign erected, maintained or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages.
A sign that is legally installed in conformance with all prevailing jurisdictional laws and ordinances.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. See sections 9.03.256 and 9.03.257 for computational methodology.
A letter, symbol, or graphic that is three-dimensional in character, containing height, width, and depth.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
The amount of time a message and/or graphic is displayed on an electronic message sign.
A mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
A sign with two faces, back to back.
An electronic message sign frame effect in which the illusion of motion and/or animation is used.
Any sign activated or illuminated by means of electrical energy.
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source. (See also following terms principally associated with electronic message centers: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, travel.)
Any sign placed outside a building.
See illuminated sign.
See building facade.
A mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
See wall sign.
See animated sign, electrically activated.
A set of letters, numerals, symbols, or shapes conforming to a specific set of design criteria.
A complete, static display screen on an electronic message sign.
A visual effect on an electronic message sign applied to a single frame. See also dynamic frame effect.
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground. May also be referenced as a ground or monument sign. Refer also to section 9.03.255 for visual reference examples.
The length of an exterior building wall or structure of a single premises along either a public way or other properties that it faces.
The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
See freestanding sign.
The amount of light falling upon a real or imaginary surface, commonly called "light level" or "illumination."
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans-illuminated); or reflecting off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window signs as defined by this article. Interior signs, with the exception of window signs as defined, are not regulated by this article.
See illuminated sign.
A sign manufactured and labeled in accordance with specifications promulgated by a recognized testing laboratory designed to assure compliance with applicable American National Standards (ANSI) and/or the National Electrical Code (NEC).
The light that is emitted by or reflected from a surface.
A roof-like facade comparable to an exterior building wall. See section 14-800 [9.03.258] for visual reference.
See canopy (attached).
See canopy sign.
A sign containing three (3) or more faces.
A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign or signs lawfully installed in accordance with laws or ordinances prevailing at the time of installation.
See outdoor advertising sign. See also, wayfinding sign.
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.
A temporary sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed. May also be referenced as an off-premises sign, billboard, or commercial outdoor advertising sign.
See wall sign.
The extension of a building facade above the line of the structural roof.
See also freestanding sign; see also projecting sign.
An enclosure designed to conceal poles and/or other structural supports of a sign. See also cladding.
See freestanding sign.
A temporary sign intended to advance a political statement, cause, or candidate for office.
Any cord-connected sign not permanently attached to the ground and can be removed without the use of tools.
A sign other than a wall sign that is attached to or projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. Refer also to section 14-500 [9.03.255] for visual reference example.
See freestanding sign.
A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.
A sign that has the capability to revolve three hundred and sixty degrees (360º) about an axis. See also: animated sign, mechanically activated.
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs. Refer also to section 14-800 [9.03.258] for visual reference examples of roof signs, and comparison of differences between roof and fascia signs.
A mode of message transition on an electronic message sign in which the message appears to move vertically across the display surface.
Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any other flags displayed from flagpoles or staffs will not be considered to be signs.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple sided signs shall be computed as fifty (50) percent of the sum of the areas of all faces of the sign. See sections 9.03.256 and 9.03.257 for computational methodology for various sign area configurations.
The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer to sections 9.03.256 and 9.03.257 for sign face computational illustrations.
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
Any structure designed for the support of a sign.
The ground area legally designated as a zoning lot, which may be categorized as a permanent parcel (a lot of record), multiple lots of record, or a portion of a lot of record.
A temporary sign pertaining to any civic, patriotic, or special event of general public interest.
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
See internally illuminated sign.
A visual effect used on an electronic message sign to change from one message to another.
A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at an interior angle subtending less than one hundred seventy-nine degrees (179°) at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to section 9.03.255 for visual reference examples, and comparison examples of differences between wall or fascia signs and roof signs.
A sign, frequently off-premises, specifically designed to provide directional or destination information. See also, off-premises sign.
A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.
(Ordinance O-02-2020, sec. 13-400, adopted 3/23/2020; 1997 Code, sec. 154.87)
§ 9.03.255 Typical on-premises sign types.
 |
(Ordinance O-02-2020, sec. 13-500, adopted 3/23/2020; 1997 Code, sec. 154.88)
§ 9.03.256 Area computational methodology/ground signs.
 |
(Ordinance O-02-2020, sec. 13-600, adopted 3/23/2020; 1997 Code, sec. 154.89)
§ 9.03.257 Area computational methodology/freestanding and wall/fascia signs.
 |
(Ordinance O-02-2020, sec. 13-700, adopted 3/23/2020; 1997 Code, sec. 154.90)
§ 9.03.258 Comparison: roof and wall sign distinctions.
 |
(Ordinance O-02-2020, sec. 13-800, adopted 3/23/2020; 1997 Code, sec. 154.91)
§ 9.03.259 Exemptions.
The following are exempt from the regulations of this code, but may be subject to other codes enacted by the city where applicable:
(1)
Signs which are not visible from a public roadway; however, these signs must comply with any building and construction provisions enacted by the city.
(2)
Signs inside a building.
(3)
Signs carved into a building or raised in integral relief on a building.
Clarification notes: Signs or letters that are raised must be a physical part of the building facade to qualify under this provision; they must be a part of the physical construction of the building materials comprising the facade; letters or signs that are merely attached to the exterior facade of the building do not qualify, even if the same finish or color.
(4)
Signs required by federal or state law.
(5)
Flags and individual pennants (not on a string).
(6)
Signs required by municipal authority.
(7)
Painted and/or applied wall accents and decorations.
(8)
Illuminated building accents and decorations.
(9)
Public art, including permitted original art murals.
(10)
Name and address: Up to two (2) signs indicating address, number and/or name of occupants of the premises, that do not exceed two (2) square feet in area per side, and do not include any commercial advertising or other identification.
(11)
Decals: Decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment.
(12)
Handicapped parking space: Signs not exceeding two (2) square feet in area reserving parking for handicapped individuals.
(13)
Private drive signs: On-premises private drive signs are limited to one (1) per driveway entrance, not exceeding two (2) square feet in area.
(14)
Public signs: Signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the city.
(15)
Security and warning signs: On-premises signs regulating the use of the premises, such as "no trespassing," "no hunting" and "no soliciting" signs that do not exceed one (1) sign two (2) square feet in area in residential areas and one (1) sign five (5) square feet in area in commercial and industrial zones. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.
Clarification notes: In order to be constitutionally sound, a code should keep the list of "exempted" signs to an absolute minimum if the exemptions are based on: |
- differentiating between uses and/or who is speaking, as this would represent a control of content based on the status of the "speaker"; |
- or if there can be some perceived discrimination between certain types of signs that are exempt from the code, and others that fall within the parameters of the code. A properly drafted sign code will avoid, as often as possible, making distinctions between uses and/or speakers. |
(Ordinance O-02-2020, sec. 13-900, adopted 3/23/2020; 1997 Code, sec. 154.92)
§ 9.03.260 Prohibitions.
The following signs are prohibited:
(1)
Signs containing strobe lights.
(2)
Abandoned sign structures, as defined by this code.
(3)
Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by the code; prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
(4)
Signs that imitate or resemble official traffic lights, signs or signals or signs that interfere with the effectiveness of any official traffic light, sign or signal.
(5)
Mechanically moving signs: An environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and searchlights.
(6)
Flashing signs: See definitions. For the purposes of this code, a sign that has a change rate or dwell time of four (4) seconds or longer does not fit within the prohibition noted herein.
(7)
Inflatable signs and other permanent objects: Signs and other objects which are inflated, including, but not limited to, balloons. Balloons may be permitted in temporary noncommercial situations; for instance: they are permitted for special occasions at a residence.
(8)
Posters and handbills: Any signs affixed to any structures, trees or other natural vegetation, rocks or poles.
(9)
Roof signs: Roof signs, except for those permitted by special exception in commercial and industrial zones. See section 9.03.258.
(10)
Simulated traffic signs and obstructions: Any sign which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance triangle at any road intersection or extend into the public right-of-way.
(11)
A-frame/wheeled signs: Any portable "A" frame or similar portable sign is prohibited except as described under temporary signs below.
(12)
Signs adversely affecting safety: Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape.
(13)
Sign emissions: No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.
(14)
Mirrors: No mirror device shall be used as part of a sign.
Clarification notes: This model code recommends that cities include language that makes "prohibited" signs general in nature; all municipalities have different regulatory and community needs in regard to available signs types. "Regulation" over "prohibition" is always preferred, from a legal and constitutional perspective. This commentary to the USSC Model Sign Code merely suggests that the above noted sign types are often included by cities in their sign code "prohibitions" section. |
(Ordinance O-02-2020, sec. 13-1000, adopted 3/23/2020; 1997 Code, sec. 154.93)
§ 9.03.261 General rules for reading and applying the code language.
(a)
Reading and applying the code.
Literal readings of the code language will be used. Regulations are no more or less strict than as stated. Application of the regulations that are consistent with the rules of this code are non-discretionary actions of the building inspector and/or code enforcement officer to implement the code. The action of the building inspector and/or code enforcement officer is final.
(b)
Situations where the code is silent.
Where the code is silent, or where the rules of this code do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited.
(Ordinance O-02-2020, sec. 13-1100, adopted 3/23/2020; 1997 Code, sec. 154.94)
§ 9.03.262 Terms.
(a)
Defining words.
Words used in the code have their dictionary meaning unless they are listed and described otherwise. Definitions: Words listed in division 5, Definitions, have the specific meaning stated, unless the context clearly indicates another meaning. The word "sign" in this code always refers to an "on-premises" sign.
(b)
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also true.
(2)
Words used in the present tense include the future tense. The reverse is also true.
(3)
The words "shall," "must," "will," and "may not" are mandatory.
(4)
"May" is permissive.
(5)
When used with numbers, "Up to x," "Not more than x" and "a maximum of x" all include x.
(c)
Conjunctions.
Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:
(d)
Lists.
Lists of items that state "including the following," "such as," or similar language are not limited to just those items. The lists are intended to provide examples, but not to be exhaustive of all possibilities.
(Ordinance O-02-2020, sec. 13-1200, adopted 3/23/2020; 1997 Code, sec. 154.95)
§ 9.03.263 Sign face area.
(a)
Sign cabinets.
The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet.
(b)
Double sided signs.
Only one (1) side of a double sided sign is counted in determining the area of sign faces. Where the two (2) sides are not of equal size, the larger of the two (2) sides is used for the determination of sign area. The area of multiple-faced signs in which the interior angle formed by the faces is greater than ninety-one degrees (91°) shall be expressed as the sum of the areas of all the faces, except for multiple-faced signs containing faces that are configured back to back, in which case the area of the faces configured back to back will be calculated according to the rule for double faced signs.
(c)
Round, oval and irregularly shaped signs.
To be measured based on the appropriate mathematical formula to obtain the sign area for a circle, an oval or irregularly shaped sign.
(d)
Calculating sign area.
(1)
Signs containing integral background areas.
The area of a sign containing a clearly defined background area shall be calculated based on the area of the smallest standard geometric shape or combination of geometric shapes capable of encompassing the perimeter of the background area of the sign. In the case of signs in which multiple background areas are separated by open space, sign area shall be calculated based on the sum of the areas of all separate background areas, calculated as referenced above, but without regard for any open space between the separate background areas.
(2)
Signs without integral background areas.
In instances in which a sign consists of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, awning, architectural projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.
(3)
Awnings and marquees.
When graphics or sign copy is incorporated into an awning, the sign area is determined by computing the area of a standard imaginary geometric shape or combination of shapes drawn around the sign copy area or graphics. When the ends of awnings or marquees are parallel and contain graphics or sign copy, only one side is counted in addition to the sign face area on the front.
(Ordinance O-02-2020, sec. 13-1300, adopted 3/23/2020; 1997 Code, sec. 154.96)
§ 9.03.264 Height of signs.
(a)
The overall height of a freestanding sign or sign structure is measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure.
(b)
Exception: Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure. See figure A.
FIGURE A  |
Clarification notes: The intent of this section is to describe how freestanding sign height is determined: by measuring from the grade level directly beneath the freestanding sign to the top of the sign. An exception is included in order to assist adopting jurisdictions in conserving resources and to avoid unnecessary zoning appeals, as illustrated below [in subsection (b) above]. |
If a freestanding sign is installed along a roadway that is elevated as compared to grade level around the freestanding sign, then there is the potential that the freestanding sign will sit too low as compared to motorists on the roadway, and sign visibility and legibility will be compromised. The exception is a reasonable adjustment to address this type of situation administratively via the routine sign permit application, and will allow jurisdictions to avoid the bureaucratic time and expense involved in hearing zoning appeals filed to address the height disparity. |
(Ordinance O-02-2020, sec. 13-1400, adopted 3/23/2020; 1997 Code, sec. 154.97)
§ 9.03.265 Standards in residential zones.
(a)
General standards.
Standards for permanent on-premises signs in the residential, apartment, multifamily, agricultural and subdivision development zones are described below and on table 1.
(b)
Residential properties.
All single-family residential properties that are located in residential zoning districts are permitted signs not to exceed eight (8) square feet in total sign area per road frontage. Corner lots and lots with frontage on more than one street are entitled to eight (8) square feet per frontage. This sign area allowance covers but is not limited to: address signs, home occupation signs, lawn signs, real estate signs, contractor signs, and political signs. Signs may be freestanding, mounted to a permanent building structure or displayed in a window. Trees, rocks or other naturally occurring landscape features may not be used to support a residential sign.
Clarification notes: It is the intent of this model code to give a specific overall sign area allowance to a residential property, and no more. It is then up to the individual property owner how the overall sign area is apportioned. This relieves the city from the responsibility of making differentiations and distinctions between types of signs and speech on residential properties and its attendant constitutional implications. The model code recommends a maximum area of eight (8) square feet as a reasonable allowance that will meet most residential sign needs -particularly if there is more than one sign involved, if even on a temporary basis (for instance, a political sign and a contractor's sign). |
(c)
Subdivisions, apartment, multifamily dwellings and condominium complexes are permitted a freestanding sign not to exceed sixty-four (64) square feet, and further provided that one (1) such sign shall be permitted for each separate street and/or separate building frontage occupied by the subdivision, apartment, or condominium complex and/or for each means of entrance to or exit from the subdivision, apartment, or condominium complex. Wall signs are also permitted not to exceed five (5) percent of the area of the facade in elevation view upon which they are placed.
(d)
For properties located in a residential zone as described in subsection (c) above, other directional, incidental and/or accessory signs are also permitted, to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six (6) square feet in sign area and eight (8) feet in height (if freestanding).
(e)
Other permitted nonresidential uses in a residential zone are permitted a freestanding sign not to exceed forty-eight (48) square feet, and further provided that one (1) such sign shall be permitted for each separate street and/or separate building frontage occupied by the permitted use, and for each means of entrance to or exit from the permitted use. Wall signs are also permitted not to exceed five (5) percent of the area of the facade in elevation view upon which they are placed.
(f)
Electronic message centers.
EMCs are allowed, by special exception only, on properties with permitted nonresidential uses in a residential zone. They are prohibited on residential properties and on subdivision, apartments, multifamily dwellings and condominium properties.
(g)
Animated signs.
As defined by this code, animated signs are prohibited in residential zones.
(h)
Roof signs.
As defined by this code, roof signs are prohibited in residential zones.
TABLE 1. SIGNS IN RESIDENTIAL DISTRICTS | ||||
|---|---|---|---|---|
Types of Signs Allowed | Number of Signs Allowed | Permitted Sign Area | Maximum (if applicable) | |
Residential properties including single-family detached, townhomes | Freestanding or wall | Any number so long as the total SF of all signs does not exceed 8 SF per frontage | 8 SF | 6' 0" |
Residential subdivisions, apartment complexes, multifamily dwellings, condominiums | Freestanding | One per frontage | 64 SF | 15' 0" |
Wall | One per facade | 5% of facade | – | |
Incidental or directional | Unlimited 6 SF | 8'-0" | ||
Permitted nonresidential uses in residential zones | Freestanding | One per frontage | 48 SF | 15' 0" |
Wall | One per facade | 5% of facade | – | |
Incidental or directional | Unlimited | 6 SF | 8' 0" | |
Electronic message centers are allowed by special exception on properties where permitted nonresidential uses in a residential zone are located | ||||
(Ordinance O-02-2020, sec. 13-1500, adopted 3/23/2020; 1997 Code, sec. 154.98)
§ 9.03.266 Standards in office and professional zones.
(a)
Any signs permitted in a residential zone that relate to a use permitted in the office and professional zones are permitted.
(b)
Signs for any permitted use, office, office development or professional building, including a directory of tenants engaged in professional and/or commercial activity on the premises. The area of any such sign shall not exceed sixty-four (64) square feet and not more than two (2) such signs shall be permitted on premises held in single and separate ownership unless such premises fronts on more than one (1) street in which case two (2) such signs shall be permitted on each separate street frontage, and further provided that one (1) sign, the area of which shall not exceed sixty-four (64) square feet, shall be permitted for each means of entrance to or exit from the premises.
(c)
Unless otherwise regulated by specific reference herein, freestanding signs shall be limited to a height above the grade level on which they are placed of twelve (12) feet to the top of the sign.
(d)
Electronic message centers: EMCs are permitted in office and professional zones.
(e)
Animated signs are prohibited in office and professional zones.
(f)
Roof signs are prohibited in office and professional zones.
(Ordinance O-02-2020, sec. 13-1600, adopted 3/23/2020; 1997 Code, sec. 154.99)
§ 9.03.267 Standards in commercial and industrial zones.
General standards and sign features: The standards for permanent signs in commercial and industrial zones are as follows. All such signs must conform to the regulations of this section.
(1)
Any signs permitted in a residential zone or office and professional zones are permitted in commercial and industrial zones.
(2)
Signs on commercial and industrial properties as regulated by reference to types noted below.
(A)
Freestanding signs.
(i)
Freestanding signs shall be limited to one (1) per property held in single and separate ownership except for a property that has frontage on more than one (1) street, in which case one (1) such sign shall be permitted for each separate street frontage. If a property has frontage that exceeds three hundred (300) lineal feet on any given roadway, one (1) additional such sign on such frontage shall be permitted; and for each multiple of three hundred (300) lineal feet of frontage thereafter, one (1) additional such sign shall be permitted for each separate street frontage. Unless otherwise regulated by specific reference herein, the area and height above grade of any freestanding sign shall not exceed the amounts specified in table 2 below.
(ii)
In the case of a property designated as a shopping center or planned industrial park, additional freestanding signs shall be permitted for each vehicular entrance to the property. Permitted sign area for these additional freestanding signs shall be sixty (60) percent of the sign area permitted by table 2 for signs in commercial and industrial zones. Sign height shall be in conformance with table 2.
Freestanding signs in commercial and industrial districts values indicated are maximum limits on sign size and height. |
A = Sign area in square feet; H = Sign height in lineal feet |
TABLE 2 Zoning District | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Speed Limit | Downtown | Neighborhood Commercial | Highway Commercial | Industrial | Limited Access Highway | |||||
A | H | A | H | A | H | A | H | A | H | |
25 | 24 | 14 | 50 | 22 | 78 | 26 | 78 | 26 | ||
30 | 28 | 16 | 72 | 26 | 112 | 30 | 112 | 30 | ||
35 | 32 | 18 | 98 | 30 | 153 | 36 | 153 | 36 | ||
40 | 128 | 34 | 200 | 42 | 200 | 42 | ||||
45 | 162 | 38 | 253 | 48 | 253 | 48 | ||||
50 | 200 | 42 | 312 | 52 | 312 | 54 | ||||
55 | 378 | 56 | 378 | 60 | 457 | 66 | ||||
60 | 450 | 60 | 450 | 66 | 544 | 70 | ||||
65 | 639 | 74 | ||||||||
70 | 741 | 78 | ||||||||
75 | 850 | 86 | ||||||||
(3)
Building signs.
(A)
Building signs include wall or fascia signs, roof signs, and signs otherwise permanently applied to walls or other building surfaces.
(B)
The total area of all parallel wall signs applied to any given facade shall not exceed the area computed as a percentage of the building facade in elevation view, including window and door areas and cornices to which they are affixed or applied in accordance with table 3 for parallel signs in commercial and industrial zones.
(C)
In the case of a shopping center or a group of stores or other business uses on a lot held in single and separate ownership, the provisions of this section relating to the total area of signs permitted on a premises shall apply with respect to each building, separate store, separate storefront, or separate use. Only wall signs shall be permitted for individual establishments in a shopping center or on a property with more than one use, entity or business (multi-use or multi-tenant properties; these properties may also have one (1) freestanding sign per street frontage).
TABLE 3. PARALLEL SIGNS | |
|---|---|
Distance of Sign from Road or Adjacent Commercial or Industrial Zone | Percentage of Building Elevation Facade Permitted for Sign Area |
0 to 100 feet | Fifteen (15%) |
101 to 300 feet | Twenty (20%) |
Over 301 feet | Twenty-five (25%) |
Clarification notes: Tables #2 and #3 above are included in order to provide the local city with specific dimensional values for sign area, sign size and sign height, all based on existing scientific research related to on-premises signs. The intent of this code is to provide guidelines for the regulation of on-premises sign dimensions that are based on scientific principles, and thereby assist the local city in crafting a sign code that is fact-based, and to eliminate subjective or individual preferences, which can vary greatly. |
These standards are objective in nature. They have their basis in furthering the interests of traffic safety. They will insure that on-premises signs in the commercial and industrial zones have adequate visibility and legibility for motorists, again in the interests of public safety. |
The primary goal of these standards is to insure that all on-premises signs have sufficient area and height to provide a motorist with adequate time and travel distance to detect a sign, read and understand its contents, and then execute an appropriate driving maneuver. Factors that would impede this process (making the sign smaller, lowering its height) would be at odds with traffic safety principles, and should be avoided by a local city, assuming that the goal of public and motorist safety is paramount. |
(4)
Roof signs, [canopy signs, marquee signs, and signs on architectural projections,] special considerations.
(A)
Roof signs are permitted by special exception in the commercial and industrial zones and are in lieu of a building or wall sign. For permitted roof sign area, see table 3 above for parallel signs in commercial and industrial zones. The height of any roof sign above the highest architectural point of the building to which it is mounted shall not exceed the percentage of the vertical dimension of the building facade parallel to the sign in accord with subsections (i) and (ii) below. Measurements shall be computed from the highest building point to the top of the sign.
(B)
The area calculation for any roof sign whose orientation on a roof may be other than parallel to an individual building facade shall be computed with reference to the building facade that most closely parallels the orientation of such sign.
(C)
Canopy signs (also marquee signs and signs on architectural projections), special considerations.
(D)
Canopy signs, marquee signs and signs on architectural projections are signs that are mounted to either structures that project off the face of the building more than eighteen (18) inches or signs that are mounted to a freestanding structure not attached to a building that creates a canopy or covering over an area below.
Clarification notes: Canopy signs, marquee signs and signs on architectural projections are special sign applications. Although they are unique, they should be provided for in comprehensive sign code. An example of a canopy sign would be lettering installed on a canopy over a series of gas pumps at a service station -it is neither a true wall sign nor freestanding sign. An example of a marquee sign would be lettering and graphics displayed on the front and sides of a theater marquee that projects out over a portion of a downtown sidewalk. An example of a sign on an architectural projection would be letters installed on a decorative masonry feature that projects off a building face. |
(E)
Signs affixed or applied in an essentially flat plane to the face of a building or freestanding canopy, marquee, or architectural projection provided that the copy area of any such sign, as defined herein, does not exceed an area equal to forty (40) percent of the product of the height and length of the face area of the canopy, marquee, or architectural projection to which such sign is affixed or applied, or fifteen (15) percent of the building facade to which it is attached, whichever is greater.
(F)
Graphic treatment in the form of striping or patterns shall be permitted on the face of any building or freestanding canopy, marquee, or architectural projection without restriction, and the area of any such graphic treatment shall not be calculated as a component of permitted copy area.
(5)
Awning signs [and projecting signs].
(A)
Graphics affixed or applied to the face or side surfaces of an awning or backlit awning are permitted provided that the copy area of any such sign copy or graphic, as defined herein, does not exceed an area in accordance with table 3 for parallel signs, to which the awning is attached.
(B)
Graphic treatment and/or embellishment in the form of striping, patterns, or valances shall be permitted on the face or side surfaces of any awning or backlit awning without restriction, and the area of any such graphic treatment and/or embellishment shall not be calculated as a component of permitted copy area.
(C)
Projecting signs: Permitted in commercial zones only.
(D)
Projecting signs shall be limited to one (1) per building facade on which any such sign is mounted except for a use that fronts on more than one (1) street, in which case, one (1) such sign shall be permitted per facade for each separate street frontage. In the case of a building in which any individual facade exceeds two hundred (200) lineal feet, one (1) such sign shall be permitted for each two hundred (200) lineal feet of such facade or multiple thereof on each separate street on which such facade fronts.
(E)
The area of any projecting sign shall not exceed one (1) square foot per every two (2) lineal feet of the building facade on which such sign is mounted, except that no such sign shall be larger in area than one hundred (100) square feet.
(F)
No projecting sign shall extend in a vertical dimension above the highest architectural point of the facade to which it is mounted in excess of twenty-five (25) percent of the vertical dimension of the facade itself.
(G)
Projecting signs extending over a public sidewalk shall be limited to a projection distance not to exceed two-thirds (2/3) of the width of the sidewalk.
(H)
Projecting signs shall not be permitted in addition to any permitted freestanding signs on any given property frontage, except that, in the case in which a premises is permitted either freestanding or projecting signs on any one frontage, projecting signs may be substituted for any of the permitted freestanding signs on such frontage, provided that the requirements herein specifically relating to size, height, and extension of projecting signs are met.
(Ordinance O-02-2020, sec. 13-1700, adopted 3/23/2020; 1997 Code, sec. 154.100)
§ 9.03.268 Additional standards in all zones.
(a)
Where these regulations apply.
These regulations apply to all signs regulated by this code.
(b)
Sign placement.
All signs and sign structures must be erected and attached totally on or within the site or property to which they refer, behind any applicable legal right-of-way.
(c)
Signs extending into the right-of-way.
Exceptions:
(1)
Projecting signs: In a downtown or central business district, projecting over a public sidewalk.
(2)
Awnings and marquees: In a downtown or central business district, projecting over a public sidewalk.
(3)
A-frame signs: A-frame signs may be used in a downtown or central business district if they meet the following standards:
(A)
The sign is entirely outside the street or roadway;
(B)
The sign is no larger than ten (10) square feet;
(C)
The sign does not obstruct a continuous through pedestrian zone of at least six (6) feet in width;
(D)
The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following:
(i)
Transit stop areas;
(ii)
Designated disabled parking spaces;
(iii)
Disabled access ramps; or
(iv)
Building exits including fire escapes.
Clarification notes: The above exceptions for projecting signs, awnings and marquees and A-frame signs are included for municipalities where an area of special interest or a central town district has been created with features such as sidewalks, buildings located close to the street or roadway, no front lawns or landscaped areas, substantial pedestrian traffic in addition to vehicular traffic. |
(d)
Removal of signs.
The building inspector may require signs extending into the right-of-way to be modified or moved if streets are widened, or other improvements made in the right-of-way, which result in the creation of unsafe conditions. The modification or moving will be at the owner's expense. If a nonconforming sign is moved under this requirement, it may be re-erected on the site without being brought into conformance.
(e)
Freestanding signs.
Freestanding signs may not extend into the right-of-way.
(g)
Pitched roof signs.
(1)
Vertical extensions.
A pitched roof sign may not extend above the roofline.
(2)
Placement and angle.
Pitched roof signs must be parallel to the building face. They may not extend beyond the building wall. See illustrations in section 9 [section 9.03.258].
(3)
Support structures.
Support structures must be designed so that there is no visible support structure above the sign.
(h)
Projecting signs.
(1)
Placement.
Projecting signs are not allowed on rooftops or on pitched roofs. Projecting signs may not extend over a right-of-way unless they are located in a downtown or central business district.
(i)
Directional signs.
(1)
General standards.
Directional signs that meet the standards of this subsection are allowed in all zones and are not counted in the total square footage of permanent signage allowed on any property or site.
(2)
Size.
Freestanding directional signs may be up to six (6) square feet in area and ninety-six (96) inches in height. Fascia directional signs may be up to sixteen (16) square feet in area.
(3)
Directional signs in any zone may have internal or external illumination.
(j)
Permanent banners.
(1)
General.
Banners used as permanent signs are allowed in all commercial and industrial zones and will be included in the total square footage of permanent signage allowed on the site. Temporary banners are regulated under subsection (k)(3), below.
(2)
Standards.
Permanent banners are subject to the standards for either fascia signs or projecting signs depending on how the banner is supported or anchored.
(k)
Temporary signs.
(1)
Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
(2)
Temporary signs may have external or internal illumination.
(3)
Temporary banners.
Temporary banners are subject to the following regulations:
(A)
In all residential zones, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, and special family events.
(B)
In the office, professional, commercial and industrial zones, one banner no larger than thirty-two (32) square feet in size is permitted per property or, on a multiuse property, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure. Any additional banners, or banners larger than thirty-two (32) square feet in size, must meet the following standards for permanent signs in this code.
(C)
A temporary banner may be displayed no longer than ninety (90) days per calendar year.
(D)
Banners that do not meet the regulations of this subsection must meet the standards for permanent signs.
(4)
Temporary wall or fascia signs.
One (1) temporary wall sign is allowed per street frontage in the commercial and industrial zones. Temporary wall signs may be up to thirty-two (32) square feet in area. Temporary wall signs may not extend above roof lines. Extensions into the right-of-way are prohibited. A temporary wall sign may be displayed no longer than ninety (90) days.
(5)
Temporary freestanding or portable signs.
One (1) temporary freestanding sign is allowed per property in the commercial zones and is not counted in the total square footage of permanent signage allowed on the site. Temporary freestanding signs may be up to thirty-two (32) square feet in area. Extensions into the right-of-way are prohibited. A temporary freestanding sign may be displayed no longer than ninety (90) days.
(Ordinance O-02-2020, sec. 13-1800, adopted 3/23/2020; 1997 Code, sec. 154.101)
§ 9.03.269 Off-premises commercial advertising signs.
General standards and sign features: The standards for off-premises commercial advertising signs in commercial and industrial zones are as follows. All such signs must conform to the regulations of this section.
(1)
Freestanding signs shall not exceed a height greater than fifteen (15) feet above the street upon which the sign faces.
(2)
The maximum square footage shall not exceed twenty-five (25) square feet.
(3)
Off-premises advertising signs may be displayed no longer than one hundred and eighty (180) days without a separate permit.
(4)
The property owner must give written consent to display the sign.
(5)
Off-premises commercial advertising signs must comply with state department of transportation right-of-way regulations.
(6)
Electrical or mechanical signs are not permitted.
(7)
Permit is required.
(8)
A "City of Jacksboro" permit sticker with expiration date is required on all off-premises signs (8-1/2" x 5-1/2" to be placed in the bottom right-hand corner).
(Ordinance O-02-2020, sec. 13-1900, adopted 3/23/2020; 1997 Code, sec. 154.102)
§ 9.03.270 Electronic message centers.
(a)
In the office, professional, commercial and industrial zones, electronic message centers (EMCs) are permitted in accordance with the sign areas noted in table 2 or table 3 respectively.
(b)
Additional general EMC regulations.
(1)
An EMC sign may be a portion of a building sign or freestanding sign, or may comprise the entire sign area.
(c)
EMC regulations by zone.
(1)
In residential zones, EMC signs are permitted only in certain circumstances by special exception in accordance with section 16(G) [section 9.03.265(f)] of this code. They are otherwise prohibited in residential zones.
(2)
In residential zones, where permitted, EMC signs shall have a minimum display time of twelve (12) seconds. The transition time between messages and/or message frames is limited to one (1) second.
(3)
In residential zones, where permitted, the following EMC display features and functions are prohibited: scrolling, traveling, flashing, spinning, rotating, fade, dissolve, any other moving effects, and all dynamic frame effects or patterns of illusionary movement or simulated movement.
(4)
In office and professional zones, EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds and these transitions may employ fade, dissolve, and/or other transition effects.
(5)
In office and professional zones, the following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
(6)
In commercial and industrial zones, all EMC display features and functions are permitted, with the exception of (a) flashing, which is prohibited, and (b) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC. Full motion video as described shall be permitted by special exception only.
Clarification notes: | |
1. | Electronic message center control and code enforcement issues have become a matter of great interest at the municipal level across the United States. This interest has been spurred primarily by the availability of EMC technology, its increasing quality, and the interest of sign owners/end users in utilizing the technology. |
2. | Most EMC signs installed today are illuminated via LEDs, or light emitting diodes. LEDs are the current industry standard for the illumination of EMC signs, and it is likely that this will remain so for the near future, until another technology is perfected that is both tolerant to outdoor environmental conditions, sufficiently bright, and cost effective. There may be other sources of illumination in the near future, so the term EMC is intended to refer to any on-premises sign that can display messages and change them at regular intervals via a computer-controlled interface. |
3. | From a legal and practical standpoint, experience indicates that local control of EMC signs is preferred over an outright ban. Some communities have attempted to implement a prohibition on EMC signs, but it should be noted that there has been a heavy cost associated with these types of bans -legal and administrative costs to the city to defend such a ban; acrimony created within the community by the denial of this new communication technology without a scientific or traffic safety research basis; loss of the benefits created by enhanced EMC communication. In addition, a substantial percentage of EMC signs are installed at churches, municipal buildings, libraries, fire and rescue facilities, hospitals and outpatient medical offices. Therefore, a more prudent and balanced approach to EMC regulation based on sound scientific principles may serve the local AHJ in both the long and short terms. |
4. | In regard to traffic safety issues and EMC signs, a local city can rely on this statement to be true: up to this time, research has shown no correlation between EMC signs and traffic accidents, and EMC signs have not been found to be a distraction having impact on the driving task or to cause unsafe driving behavior that causes an accident in driver distraction studies. Some have offered opinions and theories about EMC signs and so called distractions, but there has been no direct scientific research on these distractions and EMC signs. The term "distraction" in and of itself is a pejorative term, suggesting a negative outcome or result. What research on motorist behavior has shown is that drivers engage in a wide variety of activities while operating a motor vehicle, and some for two (2) seconds or longer. Some activities that drivers engage in have a positive effect on motorist performance, even though the driver's eyes are away from the road. Examples of this would be checking the rear view mirror, checking the side mirrors, or checking the speedometer. Other activities that drivers engage in have a demonstrated negative effect on motorist performance -most notably cell phone use and texting while driving. Finally, other activities appear to have no effect either way -positive or negative -on driver performance, and EMC signs fall into this category. Drivers look at EMC signs but their driving performance is not affected, and that is why accident and driver distraction research fails to show any correlation with EMC signs. |
5. | All stakeholders agree that EMC lighting levels must be adjusted at night. In order for an EMC to be visible and legible during the day, the EMC sign must be energized or illuminated -it must have sufficient brightness to be seen while the sun is present. At night, however, EMC brightness must be adjusted to a much lower level, so that the sign is not over-bright and/or create glare so that a motorist cannot read the sign. Most EMC manufacturers have technology built into their products to accomplish this lighting level adjustment, typically using photocells and/or software timing controls. Section 9.03.270 coordinates with the general lighting standards of this code contained in section 9.03.271 (Sign illumination standard)s to insure that all EMCs have an appropriate lighting level at night, based on the needs of the motorist and traffic safety. This standard is a "luminance" standard, or an objective measurement and control of the actual brightness of the EMC sign, based on on-premises sign research. |
6. | Section 9.03.270 provides regulations for "display time" on an EMC sign. Display time is sometimes also referred to as a "change rate," and is intended to describe the rate at which a message can be changed on the EMC display panel. |
7. | EMC signs are capable of a wide range of dynamic message and image presentations as well as visual effects including simple scrolling or moving message effects to full video display. Since no negative correlation between on-premises EMC signs and traffic safety has been demonstrated by current research, any restriction on the various operational capabilities of EMC signs are necessarily imposed for aesthetic purposes only. In placing operational restrictions on EMC sign use in residential and professional zones as an aesthetic consideration, this model accepts the premises that these zones are not normally commercially active, and do not require the more visually dynamic forms of on premises communication necessary for the rapid transfer of commercial speech in commercial and/or industrial zones. |
Since neither an aesthetic nor traffic safety justification can be advanced for placing similar restrictions on the dynamic operational capabilities of EMC signs in commercial and/or industrial zones, the model -except for prohibition of flashing and provision that video display be subject to special exception -places no specific prohibitions on EMC operational usage in those zones. The city, however, in assessing local conditions involving community aesthetic considerations, may place specific usage restrictions as it determines to be appropriate, or, as the model suggests regarding video usage, make certain operational usage features of EMC signs within its jurisdiction are subject to special exception. | |
The prohibition on EMC video display is intended to cover the display of videos, films, motion video clips, and streaming video images that are not a part of the standard EMC software. It is not intended to prohibit the use of standard effects that are a part of the EMC software capabilities, which sometimes can be confused with actual video. These permitted effects are generally shown in the background of a message (flag waving, leaves falling, clouds passing) and are not the primary EMC content or message, but merely a design element intended to complement the primary communication. Each city may make a determination in regard to zones where EMC video | |
capabilities enhance the character of the zone, and where they may be prohibited, based on local conditions. | |
(Ordinance O-02-2020, sec. 13-2000, adopted 3/23/2020; 1997 Code, sec. 154.103)
§ 9.03.271 Sign illumination standards.
Signs may be illuminated consistent with the following standards:
(1)
A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred fifty (750) cd/m² or nits, regardless of the method of illumination.
(2)
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
(3)
All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) cd/m² or nits at least one-half hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
(4)
On-premises signs do not constitute a form of outdoor lighting at night, and are exempt from any other outdoor lighting regulations that the city has adopted, or will adopt in the future.
Clarification notes: The intent of these sign illumination provisions is to set a clear and uniform lighting level for illuminated on-premises signs at night based upon research, the needs of the motorist, and traffic safety. This lighting level standard is simple and easy to understand. Experience has shown that outdoor lighting and illumination regulations can often become very complicated and use concepts and terms that even professionals do not fully understand. The goal of this model code is to help create enforceable standards that require a minimum of administrative resources, yet can be applied uniformly. |
The lighting standard provided controls the actual brightness of the sign, or luminance of the sign -of the sign face, the sign letters, the sign panel etc. This standard is based on existing on-premises sign research. The correct lighting level at night for an on-premises sign has been confirmed, both in a test track setting and in real world environments. The maximum luminance level noted by the model will insure that signs have sufficient brightness at night so that they can be detected and read by motorists at night in the interests of traffic safety. |
The luminance standard also provides flexibility to both manufacturers and cities. The luminance of a sign can be determined at the place of manufacture prior to installation or in the field after the sign is installed. If multiple signs of the same design and manufacture are installed, then only one (1) sign needs to be measured as the representative sample, thereby conserving resources. |
This model code strongly recommends that other light measurement methods be avoided in regard to on-premises signs (for instance, an illuminance standard, or including ambient lighting conditions as a part of a complicated formula), because these methods do not account for true sign brightness which, in regard to traffic safety, is the primary determinant as to whether a sign is visible and legible to the motorist. |
It should also be noted that research has shown that on-premises signs are not a factor in creating so-called light trespass or light spillage conditions. Regulators often confuse the fact that an on-premises sign can be seen from a distance at night with light trespass. |
Instead, on-premises signs can be detected from a distance because they have proper sign brightness or luminance at night, and not because they project a great deal of unnecessary lighting to surrounding areas. This model code suggests that a light trespass measurement method, aimed at sign illuminance, may result in a more confusing and complicated regulatory scheme and may compromise public safety. |
(Ordinance O-02-2020, sec. 13-2100, adopted 3/23/2020; 1997 Code, sec. 154.104)
§ 9.03.272 Nonconforming signs.
Clarification notes: The purpose of regulations related to nonconforming signs is to insure that existing signs installed by valid permit that are made nonconforming by adoption of any new sign code may continue and that the new sign regulations will not cause unnecessary burdens. The owner of a sign with a valid permit has a legitimate expectation that the sign can be used for the period of its useful life. The extinguishment of nonconforming signs is sometimes goal at the local city level, under the theory that these signs are "regulatory nuisances." A favorable outcome for all stakeholders in regard to the treatment of nonconforming signs is most often achieved when all the interested parties are included in the process.
The intent of these regulations is not to force all signs to be immediately brought into conformance with current regulations; instead, the intent is to gradually bring existing signs into conformance. Most sign codes contain provisions for nonconforming signs.
The degree to which a sign code can extinguish nonconforming signs is also controlled by individual state law, and particular attention should be given to these rules.
(a)
Nonconforming permanent signs may continue to exist after passage of this code. Nonconforming signs will be removed and changed in accordance with the provisions of this code.
(b)
Permanent signs and sign structures that are moved, removed, replaced, or structurally altered must be brought into conformance with the sign regulations. However, nonconforming signs required to be moved because of public right-of-way improvements may be re-established. Removable faces or sign panel inserts in a cabinet style sign may also be changed by right, and such change does not constitute a structural alteration nor trigger loss of nonconforming status.
(c)
Nonconforming temporary signs must be removed within two (2) months of the passage of this code.
(d)
Ownership.
The status of a nonconforming sign is not affected by changes in ownership.
(e)
Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be re-established.
(f)
Loss of nonconforming sign status.
(1)
Discontinuance.
See definition of abandoned sign.
(2)
Destruction.
When a sign or sign structure is removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards. However:
(A)
Repair and maintenance.
A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair.
(B)
Unintentional destruction.
When a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be rebuilt to the same size and height using the same materials.
(Ordinance O-02-2020, sec. 13-2200, adopted 3/23/2020; 1997 Code, sec. 154.105)
§ 9.03.273 Electrical regulations applying to all permanent and temporary on-premises signs.
(a)
All on-premises electric signs, outline lighting systems and skeleton neon lighting systems shall be manufactured and installed in compliance with NFPA 70, the National Electrical Code (NEC).
(b)
The listing label number for all signs shall be provided on the sign permit application, or, if the sign has not been manufactured yet, through Nationally Recognized Testing Laboratory (NRTL) validation: A NRTL file number from the sign manufacturer shall be provided for all electric signs on the sign permit application.
Clarification notes: Sign manufacturers may not pre-assign labels before manufacture. Labels are serialized and would require the municipality to call the listing company and verify it with the NRTL. If the manufacturer's NRTL is on file, the municipality can generally access the most current information on-line, or require follow-up from the sign manufacturer. The primary purpose of this section is to insure that sign manufacturers build, list and label their electrical signs to comply with national electrical and fire safety codes in the interest of public safety. |
(c)
The code officer shall have the authority to immediately remove any sign that is not in conformance with this section, or to have said sign removed, at the owner's expense.
(Ordinance O-02-2020, sec. 13-2300, adopted 3/23/2020; 1997 Code, sec. 154.106)
§ 9.03.274 Construction and structural requirements.
(a)
Structural standards.
(1)
Signs, sign structures, sign foundations and methods to attach and anchor signs must be designed and constructed in accordance with applicable provisions of the building code adopted by the city. All signs and their foundations and attachments must be designed for the appropriate dead, wind and snow loads for the geographic area in question.
(2)
The supports and foundations used in construction for all signs and sign structures must be located outside of any rights-of-way.
(3)
Welds of sign structures and sections of sign structures must be welded in accordance with the building code.
(b)
Engineering standards.
(1)
Signs, sign structures, sign foundations and anchorages to a building must be individually designed in accordance with the building code and the provisions of this sign code.
(2)
When the building code of the city, or any building code enacted after the passage of this sign code, calls for sealed sign design construction plans to be submitted as a part of any sign permit application, this requirement is not compulsory as it relates to on-premises signs regulated under this sign code.
Clarification notes: Some state and local jurisdictions have interpreted certain language in the International Code Council's International Building Code (IBC) in regard to construction documents and construction permit applications to require so-called "sealed" sign designs or plans as a part of the routine sign permit application process. This reading is not entirely accurate, and has caused confusion and inefficiencies, without increasing public safety or increasing the quality of sign construction. |
In general, enforcement of local building code regulations and sign code electrical regulations will insure that standard on-premises signs are properly installed and that public safety is protected. Requirement of a sealed plan for a simple wall sign or low mounted monument sign or for types of sign projects that are repetitively installed using the same installation system does not add to the value of the sign nor change how the signs will be mounted nor automatically increase public safety. The sign installer is generally the expert in these areas, and will install the sign in the appropriate manner based on already established methods and industry accepted procedures. |
There will be sign projects, however, that are of such size and scope that cities may want to require the services of a licensed engineer in order to confirm that the sign installation details are correct for site and geographic conditions. |
The criteria to determine when sealed plans are required will vary from locality to locality, and the city therefore will create its own set of rules for engineering requirements. The intent of this section on engineering standards is to create a mechanism to determine when sealed sign plans are required and when they are not. The requirement for sealed plans will be triggered when the sign project achieves such scope as determined by the city that the services of an engineer or architect will insure the city that proper engineering principles are being applied. |
(c)
Clearances.
(1)
Vision clearance areas.
Vision clearance areas are triangular shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend thirty (30) feet from the intersection of the right-of-way, alley or driveway in either/each direction. No sign may be installed within this clear sight triangle.
(2)
Vehicle area clearances.
In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
(3)
Pedestrian area clearances.
When a sign or awning extends more than twelve (12) inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure must be at least eight (8) feet above the ground.
(4)
Clearances from fire escapes, means of egress or standpipes.
Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited.
(5)
Obstruction of windows and ventilation.
Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation or exhaust are reduced to a level below that required by either the building code, plumbing regulations, heating and ventilating regulations or housing and maintenance regulations.
(Ordinance O-02-2020, sec. 13-2400, adopted 3/23/2020; 1997 Code, sec. 154.107)
§ 9.03.275 Maintenance requirements.
(a)
Signs, sign structures and awnings, together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The code officer may order the removal of any sign, sign structure or awning that is not maintained in accordance to this code.
(b)
Dangerous structures and equipment.
(1)
Signs, sign structures or awnings that are dangerous must be taken down and removed or made safe as the code officer or building official deems necessary. Signs may be deemed dangerous for one or more of the following reasons:
(A)
Whenever a sign structure or its foundation, a sign's attachments to a building, or a building to which a sign is attached is damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability is materially less than it was before the catastrophe and is less than the minimum requirements of the building code;
(B)
Whenever any portion or member of a sign, sign structure or awning is likely to fail, or become detached or dislodged, or to collapse and thereby injure persons or property;
(C)
Whenever any portion or member of a sign, sign structure or awning is likely to partially or completely collapse as a result of any cause, including, dilapidation, deterioration, or decay; faulty construction or wiring; or removal, movement or instability of any portion of the ground or building necessary for supporting such structure;
(D)
Whenever a sign, sign structure or awning is structurally or electrically unsafe or otherwise hazardous to human life or safety by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment.
(2)
All signs, sign structures and awnings determined after inspection by the code officer to be dangerous must be abated by repair, rehabilitation, demolition or removal.
Clarification notes: This model code includes a listing of supplementary sections, intended as a general reference, that appear in most sign codes. These regulations are procedural in nature. Most cities include these provisions, and they should be crafted to local standards and in accordance with state law in the applicable jurisdiction. They are included here as a convenience to the local city. |
(Ordinance O-02-2020, sec. 13-2500, adopted 3/23/2020; 1997 Code, sec. 154.108)
§ 9.03.276 Formulae: Common geometric shapes.
 |
(Ordinance O-02-2020, art. 13, app. B, adopted 3/23/2020; 1997 Code, ch. 154, app. B)
§ 9.03.301 Purpose.
Landscape requirements are established for the purpose of promoting the health, safety, morals and general welfare of the city and to improve traffic and pedestrian safety, property values, business opportunities and community appearance.
(Ordinance O-02-2020, sec. 14-100, adopted 3/23/2020; 1997 Code, sec. 154.120)
§ 9.03.302 General provisions.
The following general regulations shall be applicable to all required landscaping. Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provisions.
(1)
Landscaping plans shall contain the minimum following information and should typically be prepared by a person knowledgeable in plant material usage and landscaping design.
(A)
Plans shall be prepared at a scale of not less than one inch (1') equals fifty feet (50').
(B)
Location, size and species of all trees to be preserved.
(C)
Location of all new trees, plants, landscaping material and landscaping features to be used.
(D)
Identify types of trees and plant materials, size at time of planting and approximate size at maturity.
(E)
Layout and description of any irrigation or sprinkler system to be used to maintain vegetation.
(F)
North indicating mark.
(G)
Name of preparer and date.
(2)
New trees shall be a minimum of two to three inches (2" to 3") in caliper and a minimum of 6' to 8' in height at time of planting.
(3)
Shrubbery shall be a minimum of two feet (2') in height from ground level after planting, except dwarf varieties that shall be a minimum of one foot (1') in height from ground level after planting.
(4)
Earthen berms shall have slopes not exceeding 3:1 (three feet horizontal distance for each foot of rise).
(5)
One tree, new or existing shall be required for each five hundred (500) square feet of landscaped area or portion thereof.
(6)
One planting bed of plants and shrubbery other than grasses and groundcovers shall be required for each one thousand (1,000) square feet of landscaped area or portion thereof.
(7)
No artificial plants or turf shall be permitted for meeting minimum landscape requirements.
(Ordinance O-02-2020, sec. 14-200, adopted 3/23/2020; 1997 Code, sec. 154.121)
§ 9.03.341 General provisions.
(a)
A fence is a barrier erected upon, or immediately adjacent to, a property line for the purpose of separating properties, enclosing or protecting the property within its perimeter. Construction site barriers and landscape treatments shall not be classified as a fence.
(b)
An approved masonry fence shall include brick, decorative block, split-face stone construction, natural stone, stucco, or other material approved for the primary purpose of masonry fence construction; but shall not include concrete masonry unit (CMU) blocks.
(1)
Permit required.
It shall be unlawful for any person to erect or have erected a new fence, or replace an existing fence in the city without first obtaining a construction permit.
(2)
Encroachment on public property.
Fences, guy wires, braces or any post of such fence shall not be constructed upon or caused to protrude over property that the city or the general public has dominion and control over, owns, or has an easement except upon private utility easements.
(3)
Height and construction requirements.
(A)
Fences shall not be erected, constructed, or reconstructed to a height of more than six feet (6') above the adjoining ground level of the owner's or lessee's property.
(B)
No fence shall be erected, constructed, or reconstructed to a height of more than twenty-four inches (24") above the adjoining ground level of the owner's or lessee's property when placed in a front yard.
(C)
Fences shall not be constructed in any manner that will disrupt proper drainage, or divert drainage onto adjacent property.
(D)
Materials permitted are wood, masonry, chain link, wrought iron, galvanized steel pipe, vinyl or other materials designed for the primary purpose of fence construction unless otherwise regulated or prohibited by the zoning ordinance.
(E)
All structural members shall be designed to prevent rust, corrosion and rotting or be of a material that is impervious to rust, corrosion, rotting or deterioration from the elements.
(F)
All new wood fences must use metal posts set in concrete as approved by the building official. Alternative fence post materials for fences such as vinyl, masonry or post and rail fences may be approved by the building official.
(G)
Fences shall be constructed in a manner to provide a continuous barrier without missing sections along each elevation side. Gates shall be allowed to be an integral part.
(H)
A fence shall not be constructed to restrict the visibility of a driver of a vehicle or be sight-obscuring within the sight triangles set forth for street to street or drive to street intersections.
(4)
Wooden fences minimum standards.
(A)
Materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.
(B)
Fences shall be treated lumber or treated with weather-resistant material to prevent premature deterioration.
(5)
Fence maintenance.
(A)
Fences facing a thoroughfare shall be adequately maintained by the owner(s) or person(s) in charge of the property and shall not become dilapidated or deteriorated.
(B)
A fence facing a thoroughfare shall be considered dilapidated if its pickets or structural members between vertical supports are substantially damaged, missing or rotted beyond repair; or if any portion of the fence is more than fifteen degrees (15°) off vertical alignment.
(C)
All damaged, removed or missing portions of a fence facing a thoroughfare shall be replaced or repaired with like materials to the remaining portion of such fence.
(D)
Masonry fences and masonry fence columns facing a thoroughfare that require complete or partial replacement, damaged or in need of repair shall be replaced, repaired or reconstructed with the same or similar masonry materials and same or similar color of masonry materials provided the materials are still available and comply with the requirement for masonry fence construction.
(E)
The owner of a property that has a masonry fence that is not required by ordinance under zoning or development standards may appeal to the board of zoning adjustments to repair or replace an existing masonry fence or masonry fence columns facing a thoroughfare with alternative screening methods or materials that do not comply with regulations.
(F)
Fences shall not have murals, graffiti, advertising or other illegal signage.
(6)
Construction prohibited.
(A)
No fence erected above ground on any property shall be electrically charged in any manner or form which includes but is not limited to fences electrically charged by battery or those tied in with an electrical outlet.
(B)
Fences or any part of such fence shall not be constructed to impede ingress or egress of a stairway, entrance, or exit of a building.
(C)
Fences shall not restrict access to fire hydrants or city utility reading devices.
(D)
Fences shall not be constructed of broken concrete stacked in piles or rows, razor ribbon, sheet/corrugated metal, fiberglass panels, plywood, barbed wire, corral or feedlot panels, pallets made from wood or other material, or other materials not manufactured or designed for the primary purpose of fence construction.
(7)
Temporary construction site fences.
(A)
Construction sites.
Temporary construction site fences shall be permitted to enclose the complete project or a partial area. Fences under this section shall be erected in such position or placed so as to not be dangerous or detrimental to the health or safety of any person or obstruct the view so as to constitute a traffic hazard. Temporary construction fences shall be removed prior to occupancy of the facility.
(B)
Swimming pool construction sites.
A temporary fence not less than four feet in height shall be installed to provide a barrier for all unprotected portions of the pool capable of retaining water. A temporary fence shall not be used as the required permanent barrier for a swimming pool.
(8)
Fence plan review.
Prior to the erection or installation of any fence, a fence application must be submitted for review and approved. The application for permit is a no-fee permit, however it requires the requester to acknowledge an understanding of the city fence regulations.
(9)
Fence for residential swimming pool.
(A)
Regulations for private swimming pool fence construction shall be regulated by the currently adopted International Residential Code.
(B)
Public and semi-private swimming pools shall comply with the requirements of state law, including but not limited to chapter 214 of the Texas Local Government Code, chapter 757 of the Texas Health and Safety Code, and chapter 341 of the Texas Administrative Code [Health and Safety Code chapter 341].
(Ordinance O-02-2020, sec. 15-200, adopted 3/23/2020; 1997 Code, sec. 154.131)
§ 9.03.371 Purpose.
The purpose of site plan approval is to establish a uniform procedure for coordinating improvements to properties other than single-family sites. The procedure is intended to promote the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, signage, screening and landscaping.
(Ordinance O-02-2020, sec. 16-100, adopted 3/23/2020; 1997 Code, sec. 154.145)
§ 9.03.372 Procedure.
A site plan shall be submitted to the city for consideration and approval prior to the issuance of a building permit or certificate of occupancy on any properly zoned site that shall be used for any of the following identified uses. Site plans shall also be submitted with all zoning applications for zoning districts. All conditional use permit (CUP) applications must be accompanied by a site plan and is subject to approval by the planning and zoning commission and the city council.
(1)
Any multifamily development, manufactured home subdivision or manufactured home park.
(2)
Any nonresidential development.
(3)
Any development with two (2) or more buildings per lot.
(4)
Any planned development.
(Ordinance O-02-2020, sec. 16-200, adopted 3/23/2020; 1997 Code, sec. 154.146)
§ 9.03.373 Site plan elements.
A site plan shall be accurately and legibly drawn to scale with dimensions and shall show the following:
(1)
Point of reference to accurately locate the site and north arrow designation;
(2)
The property boundary line;
(3)
Existing and/or proposed buildings including dimensions and square footage;
(4)
Proposed occupancy;
(5)
Parking layout and drives;
(6)
Means of ingress and egress;
(7)
Loading areas;
(8)
Fire lanes;
(9)
Landscaping areas;
(10)
Screening;
(11)
Public and private sidewalks;
(12)
Screened refuse facilities;
(13)
All adjoining streets and alleys including curbs, medians and storm drains;
(14)
Private and public utility easements including, but not limited to, water, sewer, electric, gas, cable television and drainage;
(15)
Location of existing or proposed underground water, sewer, gas, electric or other utility lines;
(16)
Locations, dimensions and face of all signs; and
(17)
Any other information that may be considered essential by the city staff, planning and zoning commission or the city council.
(Ordinance O-02-2020, sec. 16-300, adopted 3/23/2020; 1997 Code, sec. 154.147)
§ 9.03.391 Purpose.
Official tax certificate(s) requirements are established for the purpose of promoting the health, safety, morals and general welfare of the city and to improve property values and business opportunities.
(Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.392 Attachment to application.
Official tax certificate(s) must be attached to the application at the time the application is submitted.
(Ordinance O-06-2022 adopted 8/8/2022)