Kermit City Zoning Code
Division 8
Sign Regulations
§ 9.03.241 Purpose.
It is the purpose of this division to promote the public health, safety, and general welfare through reasonable, consistent, and non-discriminatory sign standards. The sign regulations in this division are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death. This division is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation. This division establishes sign regulations, including provisions to control the type, design, size, location, and maintenance of signs, to achieve the following purposes:
(1)
To enable the public to locate goods, services, and facilities without difficulty or confusion;
(2)
To protect property values, public investment, and overall neighborhood character by preventing conditions that have undesirable impacts on surrounding properties;
(3)
To promote the development of attractive and harmonious residential districts, viable retail and commercial districts, and appropriately identify industrial uses;
(4)
To ensure signs are designed and located to reduce distraction and confusion that may be contributing factors to traffic congestion or accidents and maintain a safe and orderly pedestrian and vehicular environment; and
(5)
To enable the fair and consistent enforcement of these sign regulations and to provide standards regarding the non-communicative aspects of signs.
(Ordinance 20-07, sec. 156.08.01, adopted 11/19/20)
§ 9.03.242 Application.
Signs shall be designed, erected, altered, moved, displayed, and maintained in accordance with the regulations set forth in this division.
(1)
The provisions in this division shall not amend or in any way interfere with other codes, rules, or regulations governing traffic signs within the city.
(2)
The regulations contained in this division shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.
(3)
The owner of any sign, which is otherwise permitted by this division, may substitute noncommercial copy or message in lieu of any other commercial or noncommercial sign copy of [or] message.
(Ordinance 20-07, sec. 156.08.02, adopted 11/19/20)
§ 9.03.243 Conflicts.
This division is not meant to repeal or interfere with enforcement of other sections of the City of Kermit Code of Ordinances. In cases of conflicts between local, state, or federal regulations, the more restrictive regulations shall apply.
(Ordinance 20-07, sec. 156.08.03, adopted 11/19/20)
§ 9.03.244 Exceptions.
The following are not regulated by this Zoning Code, so long as they meet the applicable standards described below:
(1)
Building identification signs. Building identification signs not exceeding one (1) square foot in area for residential buildings and two (2) square feet in area for nonresidential buildings.
(2)
Business name and address on an entry door. Name of a business, address information, and/or contact information displayed on an entry door, not exceeding two (2) square feet in area.
(3)
Signs posted on a community bulletin board. Signs posted on a community bulletin board shall not exceed 11 x 17 inches.
(4)
Signs located on residential property under four (4) square feet in size, not including portable signs.
(5)
Historic and architectural features. Historical plaques erected and maintained by nonprofit organizations, building cornerstones, and date-constructed stones not exceeding four (4) square feet in area.
(6)
Signs not readable from the public right-of-way.
(A)
Signs or displays located entirely inside of a building and not visible from the building’s exterior;
(B)
Signs intended to be readable from within a parking area but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and
(C)
Signs located on or within city park and recreation facilities.
(7)
Governmental signs. Any sign, posting, notice, or similar signs placed, installed or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited to, the following:
(A)
Emergency and warning signs necessary for public safety or civil defense;
(B)
Traffic signs erected and maintained by an authorized public agency;
(C)
Signs required to be displayed by law;
(D)
Signs directing the public to points of interest; and
(E)
Signs showing the location of public facilities.
(Ordinance 20-07, sec. 156.08.04, adopted 11/19/20)
§ 9.03.245 Prohibited signs and elements.
The following sign types and elements are not allowed anywhere in the city because of their potential to create distractions to the traveling public and create visual clutter that impacts the natural and architectural aesthetics of the city:
(1)
Abandoned signs.
(2)
Animated signs.
(3)
Balloon signs.
(4)
Blinking or flashing signs. No flashing, blinking, or rotation lights shall be permitted for either permanent or temporary signs.
(5)
Inflatable signs.
(6)
Intermittent signs.
(7)
Moving signs or signs with swinging parts or elements.
(8)
Signs emitting sound, smoke, or odors.
(9)
Signs attached or painted on trees, rocks, fences, or natural features.
(10)
Signs in the right-of-way except for those placed by a public entity, approved banners on utility or light poles, projecting signs as allowed in this division, or other signs approved by the city.
(11)
Signs or sign support structures that obstruct means of egress, including any fire escape, window, door opening, stairway, opening, exit, walkway, utility access or fire department connection.
(12)
Signs that interfere with any required opening for ventilation.
(13)
Signs or sign structures which resemble, imitate, simulate, or conflict with traffic-control signs or devices included in the Manual of Uniform Traffic Control Devices, which otherwise mislead or confuse persons traveling on public streets, which create a traffic hazard.
(14)
Signs displayed on motor vehicles and portable storage units, unless:
(15)
Signs not expressly allowed by this division.
(Ordinance 20-07, sec. 156.08.05, adopted 11/19/20)
§ 9.03.246 Measurements and illustrations.
For regulating signs as described in this article the following shall apply:
(1)
Sign area.
Computation of sign area shall include the combination of the writing, emblem, illustrations or other display, together with any background material or color forming an integral part of the display, but not including the supporting framework. On a multi-face sign the area is computed only from one face. Where the frame or cabinet is not in the shape of a rectangle, square, triangle or circle, the sign face area shall be determined by calculating the area of an imaginary rectangle drawn around the frame or cabinet.
(2)
Height.
Height shall be measured from average ground level exclusive of any filling, berming, mounding, or excavating solely for locating the sign, to the highest point of the sign or support structure, whichever is taller.
(3)
Projection.
Any building sign extending more than six (6) inches from the wall to which it is attached shall allow a minimum of eight (8) feet of clearance from the average ground level, as measured in subsection (2) of this section.
(4)
Setback.
The setback of a sign is measured from the property line to the line projected to the ground plane of the nearest portion of the sign.
(5)
Sign type and area illustrative examples.
 |
(Ordinance 20-07, sec. 156.08.06, adopted 11/19/20)
§ 9.03.247 General sign regulations.
(a)
Design standards.
The guidelines set out in this section address issues related to sign compatibility, legibility, placement, color, and illumination. They are intended to complement the standards of this division and to guide quality visual environments.
(1)
Illumination of signs.
Lighted signs facing and on property adjacent to or across a street or alley from a residential district shall not be backlit and shall be no closer than twenty (20) feet from the nearest residential district boundary.
(2)
Sign electrical raceways and conduits.
Electrical transformer boxes and raceways should be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway should be finished to match the background wall or integrated into the overall sign design.
(b)
Standards by sign type.
(1)
Wall signs.
(A)
A wall sign shall not extend more than 18 inches from the wall to which it is attached.
(B)
A wall sign may not extend beyond the corner of the wall to which it is attached, except where attached to another wall sign, it may extend to provide for the attachment.
(C)
A wall sign may not extend beyond its building’s roof line.
(D)
A wall sign in the CBD District attached to a building on its front property line may encroach upon public right-of-way by no more than 18 inches. Such a wall sign shall provide minimum clearance of eight (8) feet.
(2)
Projecting signs.
(3)
Pole and monument signs.
(A)
Permitted pole signs shall not revolve.
(B)
Electronic information signs shall be programmed in a way that does not suggest or resembles a traffic-control device, such as a traffic signal.
(C)
The area around the base of the sign shall be maintained by the sign owner or property owner in clean condition. A radius of five (5) feet around the base of the sign shall be landscaped with native plants.
(4)
Banner and flag signs.
Banner and flag signs count against the attached wall sign area permitted on premise.
(5)
Driveway signs.
Driveway signs to direct internal traffic, identify parking areas, or supply other information, are allowed in addition to the total permitted sign area on a zoning lot given that driveway signs are:
(6)
Portable (temporary) signs.
The purpose of these regulations is to ensure that portable signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by portable signs.
(A)
The following signs types are classified as portable signs:
(i)
A-frame or upright signs.
(ii)
Vertical banners. Only permitted in nonresidential districts and not permitted in the CBD district.
(iii)
Yard signs.
(iv)
Wall banner. Only permitted in nonresidential districts and may only be displayed for thirty (30) days per calendar year and not used as permanent signage.
(v)
Window sign. Only permitted in nonresidential districts and not used as permanent signage. The total area combined with permanent window signs shall not exceed forty percent (40%) of the area of the window.
(vi)
Other. Other portable sign types may be allowed, such as fuel pump toppers and wraps around waste receptacles, provided the maximum area limitation for all portable signs is not exceeded.
(B)
General regulations.
Portable signs are subject to all location and design regulations described in section 9.03.248, Specific Sign Standards.
(C)
Aggregate size.
The total amount of portable signage permitted on any premise shall be the smaller of five percent (5%) of the area of all street facades or 100 square feet, whichever is less.
(D)
Individual size.
The maximum size of an individual portable sign shall be thirty (30) square feet in area in nonresidential districts and sixteen (16) square feet in area in residential districts.
(E)
Location.
Portable signs shall not be attached to any sign pole or light pole on public or private property, or public utility poles or trees on either public or private property.
(F)
Durability.
Portable signs shall be constructed of sufficient weight and durability to withstand wind gusts, storms, and other natural elements.
(7)
Electronic message displays.
Where allowed by the specific standards for sign regulations tables, electronic message displays must follow the following regulations:
(A)
There shall be no more than one (1) electronic message display per lot.
(B)
The sign shall be no closer than one hundred (100) feet from the nearest residence district or office residence district property line.
(C)
The height of the sign shall be limited to fourteen (14) feet or top of wall, whichever is less.
(D)
The area for the electronic message display shall not exceed forty (40) square feet.
(E)
The sign message shall remain static for a period of not less than thirty (30) seconds. The transition from one (1) message to the next shall be direct and immediate, without any special effects.
(F)
Electronic message displays shall have a pitch of not greater than twenty (20) millimeters between each pixel. Special effects, including but not limited to dissolving, fading, scrolling, starbursts and wiping shall be prohibited.
(G)
Between sunrise and sunset, the maximum luminance shall be five thousand (5,000) nits and between sunset and sunrise the maximum luminance shall be five hundred (500) nits. All signs with a dynamic display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign’s brightness to comply with this requirement. The sign shall not display messages or be illuminated when the use is closed.
(Ordinance 20-07, sec. 156.08.07, adopted 11/19/20)
§ 9.03.248 Specific sign standards.
All signs shall conform to the applicable standards of the following tables, and all other applicable regulations of this article.
(1)
Permitted signs by district table.
Sign Type | AG | MFH [MH] | R-1 | R-2 | R-3 | C-1 | C-2 | CBD | I-1 | I-2 |
|---|---|---|---|---|---|---|---|---|---|---|
Monument | Yes | |||||||||
Pole | Yes | Yes | ||||||||
Awning | Yes | |||||||||
Banner | Yes | |||||||||
Canopy | Yes | |||||||||
Marquee | Yes | |||||||||
Projecting | Yes | |||||||||
Roof | Yes | |||||||||
Wall | Yes | Yes | ||||||||
Window | Yes | Yes | ||||||||
Portable | Yes | |||||||||
Flag sign | Yes | |||||||||
Billboard | Yes | |||||||||
(2)
Specific standards for signs in residential and AG districts table.
Freestanding | AG | MFH [MH] | R-1 | R-2 | R-3 |
|---|---|---|---|---|---|
Size allocation | 80 square feet for nonresidential uses | 32 square feet for nonresidential uses and multi-family uses | |||
Maximum number of signs | 1 | 1 | 1 | 1 | 2 |
Maximum area per sign | N/A | ||||
Lighting of signs | Yes, but no backlit signs | ||||
Maximum height of signs | 8 feet | ||||
Electronic message | Not permitted | ||||
Attached to Buildings | AG | MFH [MH] | R-1 | R-2 | R-3 |
|---|---|---|---|---|---|
Size allocation | 32 square feet for nonresidential uses and multi-family uses | ||||
Maximum number of signs | 1 per building wall | No limit within size allocation | |||
Maximum area per sign | No limit within size allocation | ||||
Lighting of signs | Not permitted | ||||
Electronic message | Not permitted | ||||
(3)
Specific standards for signs in commercial and industrial districts table.
Freestanding | C-1 | C-2 | CBD | I-1 | I-2 |
|---|---|---|---|---|---|
Size allocation | 1 sq. ft. of signage per 1 ft. of primary frontage; maximum 150 sq. ft. | 1.5 sq. ft. of signage per 1 ft. of primary frontage; maximum 500 sq. ft. | 1 sq. ft. of signage per 1 ft. of primary frontage; maximum 150 sq. ft. | 1.5 sq. ft. of signage per 1 ft. of primary frontage; maximum 500 sq. ft. | 1.5 sq. ft. of signage per 1 ft. of primary frontage; maximum 500 sq. ft. |
Maximum number of signs | 1 | 2 | 1 | 1 | 2 |
Maximum area per sign | 150 square feet | 180 square feet | 64 square feet | 250 square feet | |
Lighting of signs | Yes | ||||
Maximum height of signs | 20 feet | 30 feet | 20 feet | 34 feet | 34 feet |
Electronic message | Yes, subject to electronic message display requirements | ||||
Attached to Buildings | C-1 | C-2 | CBD | I-1 | I-2 |
|---|---|---|---|---|---|
Size allocation | 1 sq. ft. of signage per 1 linear ft. of building wall if a freestanding sign is on the same lot. If no freestanding sign, 1.5 sq. ft. for each 1 ft. of building wall | 300 sq. ft. | |||
Maximum number of signs | No limit within size allocation | ||||
Maximum area per sign | 45 sq. ft. | 100 sq. ft. | 80 sq. ft. | 180 sq. ft. | |
Lighting of signs | Yes | ||||
Electronic message | Yes, subject to electronic message display requirements | ||||
(Ordinance 20-07, sec. 156.08.08, adopted 11/19/20)
§ 9.03.249 Billboards.
New billboards are permitted in the city limits in compliance with the following restrictions. All such signs must be placed in conformity with state and federal regulations, even if such are more restrictive than the following regulations.
(2)
Maximum height.
The maximum height of a billboard shall be thirty (30) feet, except for properties fronting State Highway 302 in which the maximum height is forty (40) feet.
(4)
Limits of sign faces.
A billboard shall be limited to a single face viewed from any one direction. The use of a double-faced billboard (side-by-side or stacked) is prohibited.
(5)
Lighting.
Exterior lighting shall be shielded to prevent glare. No external lighting shall be used to illuminate a nonconforming sign.
(6)
Setback and side yard requirements.
A billboard must comply with the same side yard and setbacks required for buildings in the zoning district in which it is located. No portion of the billboard or its support shall be closer than 150 feet from the boundary of a property used for residential purposes.
(7)
Nonconforming billboards.
Any legally existing billboard which does not comply with these restrictions shall become a nonconforming sign and shall be regulated in conformance with division 9 of this article, Nonconforming Development. A nonconforming billboard may not be enlarged beyond its present size or modified to an electronic billboard without forfeiting its nonconforming status.
(8)
Electronic billboards.
Electronic billboards shall meet all requirements as noted above.
(B)
Operation requirements:
(i)
An electronic billboard shall display static messages only in compliance with the following:
(ii)
An electronic billboard shall not be configured to resemble or simulate a warning or danger signal, or any official lights or signs used to control traffic.
(iii)
An electronic billboard shall not display light of such intensity to cause glare, impair vision, or otherwise result in a nuisance to the public. An electronic billboard shall:
a.
Be equipped with both a dimmer control or other such electronic control and a photocell or other such automatic control, which will produce the required illumination change according to natural ambient conditions.
(iv)
An electronic billboard shall contain a default mechanism that will freeze the sign in one position if a malfunction occurs.
(Ordinance 20-07, sec. 156.08.09, adopted 11/19/20)
§ 9.03.250 Sign maintenance.
All signs shall be kept in good repair and free from peeling paint, rust, damaged, or rotted supports, framework or other material, broken or missing faces or missing letters. Any signs not maintained may be ordered to be removed. For maintenance of nonconforming signs, the following shall apply:
(1)
Activities considered normal maintenance and repair.
Normal maintenance and repair shall include activities such as replacement, restoration, or improvement. Following damage or destruction, replacement of a nonconformity shall mean that the sign face or sign structure and site, if reinstated with a nonconformity as allowed under the terms of this article, shall be reconstructed to match the conditions of the sign face or sign structure that preceded damage or destruction. Reasonable conditions may be imposed by the administrator to mitigate any newly created impact on adjacent property. Nonconformities that are completely or substantially reconstructed that include changes to building placement or design shall be subject to the findings and procedures for expansion or alteration of nonconforming uses and structures as specified in division 9 of this article, Nonconforming Development.
(2)
Items not considered normal maintenance and repair.
Changes made to the location, size, height, or bulk of the sign or addition of illumination are not considered normal maintenance and repair and shall require that a nonconforming sign be brought into conformance with all requirements of this article.
(Ordinance 20-07, sec. 156.08.10, adopted 11/19/20)
§ 9.03.251 Sign permit.
All signs requiring a permit shall be reviewed by the administrator, subject to the procedures and criteria in subsection 9.03.345(f), Sign Permit.
(1)
Applicability.
A sign permit is not required for:
(Ordinance 20-07, sec. 156.08.11, adopted 11/19/20)
§ 9.03.252 Sign master plan.
For projects with an overall site area more than three (3) acres, an applicant may submit a sign master plan, detailing the size, location, and design of all signs on the site. The sign master plan may adjust the strict application of these standards but must clarify the exact nature of the adjustments. Such a sign master plan shall be approved by the city council after review and recommendation by the commission.
(Ordinance 20-07, sec. 156.08.12, adopted 11/19/20)
§ 9.03.253 Nonconforming signs.
Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed, or structurally altered which does not comply with all of the regulations established by this division.
(1)
Maintenance.
Signs erected prior to the effective date of this Zoning Code may be maintained and repaired subject to the requirements of section 9.03.250, Sign Maintenance.
(2)
Continuing nonconformance.
Where a sign exists at the effective date or adoption or amendment of this Zoning Code that could not be built under the terms of this article by reason of restrictions on area, use, height, setback, or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A)
No such sign may be enlarged or altered in a way which increases its nonconformity.
(B)
Should such a sign be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this division.
(3)
Removal.
The administrator shall have the authority to revoke any permit which has been granted when the administrator has determined that the sign authorized by the permit has been constructed or maintained in violation of the permit. Written notice shall be given to the owner of the illegal sign or the owner of the property on which the sign is located. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign, and the violations charged; such notice shall specify what repairs, if any, will make the sign conform to the requirements of this division, and specify that the sign be removed or made to conform with the requirements of this division within the notice period provided below:
(A)
The notice period for a permanent sign is thirty (30) days.
(B)
The notice period for a portable sign is ten (10) days.
Any sign that identifies a business that is no longer in operation, or that identifies an activity or event that has already occurred, or a product that is no longer made, shall be considered abandoned and shall be removed by the owner, agent, or person having use of the building or structure. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for removal of all signs used in conjunction with the business. |
(Ordinance 20-07, sec. 156.08.13, adopted 11/19/20)
§ 9.03.254 Liability for damages.
Provisions of this division shall not be construed to relieve or eliminate in any way the responsibility or liability [of] any person who erects or owns any sign, for personal injury or property damage caused by the sign; nor shall the provisions of this division be construed to impose upon the city or the administrator, the city’s officials or its employees any responsibility or liability by reason of the approval of any signs under the provisions of this division.
(Ordinance 20-07, sec. 156.08.14, adopted 11/19/20)