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Lakeside City Zoning Code

SIGNAGE

§ 151.050 PURPOSE.

   The intent of this subchapter is to protect value within the Town of Lakeside, to enhance the beauty of the town, and to protect the general public from damage and injury which may be caused by unregulated construction of signs.
(Ord. 174, passed 9-14-1995)

§ 151.051 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AREA OF SIGN.  The total area within the extremes perimeter of the attraction area intended to draw attention to the sign.  Supporting structures shall not be included in calculations.  The area of the sign with two faces, approximately opposed, shall be that of the larger face if the condition prevails; but, if the angle between the planes of the opposing faces exceeds 30 degrees, the total area of both faces shall be considered the sign area.  For multi-sided or circular signs, the calculation shall include all of the projected area.
   BANNER SIGN.  Any sign painted on a strip of cloth, canvas, or light fabric with or without frames intended to be displayed for a short period of time.
   BILLBOARDS.  Any flat surface erected on a framework or any structure, or attached to posts and used for, or designed to be used for the display of bills, posters, or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the advertising material.  Mobile advertising, hand-carried signs, and political signs shall not be considered a billboard for the purposes of this chapter.
   DEVELOPMENT.  Any nonresidential property improvement or properties improved as a unit with a common parking area that is contiguous to the development.  A shopping center under single or multiple ownership constitutes a development.  A pad site within a shopping center under separate ownership constitutes a development.  Any single lot, single structure on nonresidential property constitutes a development.
   DIGITAL MESSAGE BOARD. A sign, display or device, internally illuminated, which changes the static message or copy by electronic means. The sign must be operated by an entity possessing an outdoor advertising license issued by the Texas Department of Transportation (TXDOT).
   ELECTRONIC MESSAGE BOARD. A sign utilizing a fixed light source to provide a message in text, pictures or symbols. Electronic message boards shall not appear to move or appear as an on/off message.
   FLAG.  United States-, Texas-, company-, and award-type flags flown from flag poles.
   GROUND SIGNS.  A sign not wholly supported on a building or which has its main supporting structure depending on the ground for attachment.
   LIMITED ACCESS FREEWAY.  A highway to which the right of access to or from abutting lands is controlled and restricted by the State Department of Highways and Public Transportation or the Town of Lakeside, further, a LIMITED ACCESS FREEWAY shall be bordered on each side by access roads.  The LIMITED ACCESS FREEWAY within the Town of Lakeside is State Highway 199, Jacksboro Highway.
   MARQUEE SIGN.  Includes any hood or awning or permanent construction projecting from the wall of a building or other structure containing either permanent or changeable advertising.
   MONUMENT SIGN.  A sign constructed out of brick, stone, or cast concrete supported on concrete foundation.
   PROJECTING SIGN.  A sign suspended from a building or structure and projecting out therefrom more than one foot.
   PYLON SIGN.  A ground sign erected for the purposes of identifying the tenants in a development as defined by this section.
   QUALIFIED STREET FRONTAGE.  The width of property along the street of a commercial or industrial development which bears the address of the property.
   ROOF SIGN.  Any sign supported by the roof of a building or placed above the apparent flat roof or eaves of a building as viewed from any elevation.
   SIGHT TRIANGLE.  An area of unobstructed visibility or either corner of a street and/or driveway of at least 25 feet in any direction.
   SIGN.  A display board, screen, structure, object, or part thereof, used to announce, declare, demonstrate, display, or otherwise advertise and attract the attention of the public to any business, service, or product provided on the premises upon which the sign is placed, other than:
      (1)   Official notices authorized by court, public body, or public officer; and
      (2)   Directional, warning, or informational signs authorized by federal, state, or municipal authority.
   TEMPORARY SIGN.  A sign, balloon, or other advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light material with or without frames intended to be displayed for a short period of time only.  Trailer and portable signs are so classified.
   TRAFFIC-CONTROL SIGNS.  Any sign used only to control and direct traffic on private property, e.g., “Enter” or “Exit.”
   WALL SIGN.  Any sign painted on, attached to, or projecting from the wall surface of a building (including permanent window signs and signs on awnings and/or marquees).  A WALL SIGN shall not project above the apparent flat roof or eave line as viewed from all elevations, or more than one foot from the surface of the wall.
   WALL SURFACE.  The general outer surface not including cornices, bay windows, or other ornamental trim, of any main exterior wall of the building.
(Ord. 174, passed 9-14-1995; Ord. 385, passed 8-17-2014)

§ 151.052 SIGN PERMIT AND FEES.

   (A)   Sign permit required.
      (1)   No person shall erect, alter, add to a sign or sign structure, except as provided in this section and unless a permit for the same has been issued by the Town Administrator.  Where signs are illuminated by electric lighting requiring permanent wiring connections, a separate electrical permit shall be obtained as required by the Electrical Code of the town.  Billboards are not authorized within the Town of Lakeside and permits will not be issued.
      (2)   Temporary sign may be permitted to business or developments.
   (B)   Official, quasi-official, and directional signs.
      (1)   Nothing herein contained shall prevent the erection, construction and maintenance of official, traffic, fire and police signs, signals, devices and markings of the state, town, or other appropriate governmental authorities, nor the posting of notices required by law.  Private and quasi-public signs shall be prohibited upon public property unless authorized by the town or other appropriate governmental authority.
      (2)   Legal notices, telephone and other underground utility warning signs not exceeding one square foot in size and other safety signs may be erected without a permit being issued.
   (C)   Application for sign permit.  Applications for sign permits shall be taken to Lakeside Town Hall for each development on which the sign or signs are to be erected and shall contain or have attached thereto the following information:
      (1)   Name, address, and telephone number of the applicant;
      (2)   Location of building, structure or lot to which or upon which the sign or advertising structure is to be attached or erected;
      (3)   Position of the sign or advertising structure in relation to nearby buildings or structures;
      (4)   Three blueprints or ink drawings of the plans, specifications, and method of construction and specifications and method of construction detailing attachment to the building or ground;
      (5)   Copy of stress sheets and calculations showing the structures are designed for deadload and wind pressure in any direction in the amount as required by the International Conference of Building Officials codes.  All structural calculations and design drawings are to be by a professional engineer registered by the State of Texas;
      (6)   Name of person, firm, corporation, or association erecting structure or painting of a sign;
      (7)   Any electrical permit required and issued for each sign;
      (8)   Detailed plan of all existing signs, including photos and/or other pertinent data which will aid in the determination to the sign’s conformance with this chapter;
      (9)   Any other information as the Town Administrator shall require to show full compliance with this and all other codes and ordinances of the town; and
      (10)   (a)   An application fee shall be charged and paid at the time any application for the issuance of a sign permit is made.  In addition, if it is determined that a sign permit should be issued, the applicant shall pay an additional amount for the permit itself.  No sign that requires a permit may be erected or placed until all fees are paid.
         (b)   A schedule of fees for the application for a permit and for the issuance of a permit shall be adopted by the City Council by resolution.  The City Council may change and modify such fees by resolution from time to time.
   (D)   Nonconforming signs.
      (1)   The lawful use of any sign at the time this chapter was adopted may be continued for a period of five years, after which any sign not in compliance with this chapter shall be considered nonconforming.
      (2)   Except as this chapter may otherwise require, any nonconforming sign may be continued in operation on the same land and/or on the same structure which was in use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but the sign area advertising and/or structure shall not change.
      (3)   No new permit may be issued for a sign which does not conform to the provisions of this section.
   (E)   Approval of traffic engineers.  If, in the opinion of the Town Administrator, the plans and specifications indicate that the sign or sign structure might interfere with, mislead, or confuse traffic, and if a ground sign is to be placed on a corner lot and in the opinion of the Town Administrator, could create a potential hazard to traffic, the applicant shall be required to submit the certification from a qualified traffic engineer that the sign location and structure will not constitute a hazard.
   (F)   Issuance of permits.  If it shall appear that the proposed sign structure is in compliance with all the requirements of this section and all other codes and ordinances of the town and has received approval where necessary, the Town Administrator shall then issue the sign permit.  If work authorized under the permit has not been completed within 180 days or a proper extension granted thereto after the date of issuance, the permit shall become null and void.  Issuance of a sign permit shall be conditioned upon the applicant’s acceptance of any conditions imposed by the town.
   (G)   Unsafe and unlawful signs.
      (1)   Signs or sign structures including those existing prior to this section shall be maintained at all times in a state of good repair, safe and secure with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, able to withstand at all times the wind pressure for which they were originally designed.
      (2)   No person maintaining any sign, sign structure, digital message board or electronic message board shall fail to keep the ground space within eight feet of the base of the sign, signboard, or advertising structure free and clear of weeds, rubbish, and other flammable materials.
(Ord. 174, passed 9-14-1995; Ord. 287, passed 4-10-2008; Ord. 385, passed 8-17-2014)

§ 151.053 AREA OF SIGN PERMITTED.

   (A)   Signs; commercial and industrial.
      (1)   For signing purposes, frontage on private streets that serve as a public thoroughfare and not just as driveways may be considered as qualified street frontage.
      (2)   Any one development may have one sign which may be choice of ground sign, monument sign, roof sign or projecting sign, subject to the requirements of the section.
      (3)   Major developments, containing 50,000 square feet or greater in building(s) may have one pylon sign located on one street frontage.  The total amount of signage allowed on a pylon sign shall be calculated on (.005) square feet of signage for each square foot of floor area up to a maximum of 1,000 square feet of sign area.  Signage for each major development may reach a maximum height of 75 feet if the sign is located on a controlled access freeway frontage.  For all other frontages of the development, the sign may reach a maximum of 50 feet in height and shall meet the general provisions of this section.
      (4)   In developments with substantial street frontage; i.e., 350 linear feet or greater, on two or more streets, additional ground signs may be permitted for each street providing that all signs requested must meet the provisions of division (B) below.
   (B)   Ground signs.  Ground signs are subject to the following provisions.
      (1)   One ground or pole sign may be permitted for each 300 linear feet or portion thereof of qualified street frontage with each development in all except “R” Districts.
      (2)   The total area of the sign permitted for a ground sign shall be calculated as one square foot of sign for each linear foot of street frontage, up to a maximum of 300 square feet for any one sign.
      (3)   The maximum height of any ground sign and supporting structure shall be 25 feet, except that the height of a ground sign may be increased by adding one foot of height for each linear foot the sign is set back from the adjacent property lines, not to exceed an absolute maximum of 50 feet to the top of the sign; except as noted in division (A) above.
      (4)   The height of any ground sign may not exceed one-half the shortest linear distance from the location of the sign to the nearest boundary of any “R” District.
      (5)   The sign shall not project over the property line of the development, right-of-way or over any area within ten feet of the curb of a public street.
      (6)   A minimum qualified frontage of 50 feet shall be required to erect a ground sign.
      (7)   Permanent attachments to the ground shall be required for all ground signs, to meet or exceed the requirements of § 151.052.
   (C)   Monument signs.  Monument signs are subject to the following provisions.
      (1)   One monument sign may be permitted in each development in all zoning districts, except two matching monument signs shall be allowed at the main entrance of “R” subdivisions.
      (2)   Monument signs in all zoning districts with the exception of “R” districts shall not exceed six feet in height and shall not exceed 150 square feet in sign area.
      (3)   Monument signs in “R” district shall not exceed four feet in height and shall not exceed 50 square feet in sign area.
   (D)   Banner signs.  Banner signs are subject to the following provisions.
      (1)   One banner sign may be permitted with each development without a sign permit in all zoning districts except “R.”
      (2)   The total permitted area for banner signs shall not exceed a maximum of 50 square feet.
      (3)   Banner signs may be attached to a wall surface or face and shall not project above the apparent roof or eaves line.
      (4)   Banner signs shall be attached in such a manner to withstand wind loads.
      (5)   Banner signs which have become torn, tattered, or unsightly shall be removed.
   (E)   Freeway signs.  On properties fronting on the limited access freeways as defined in § 151.051, the following additional provisions shall apply to ground signs erected.
      (1)   The maximum height allowed for a ground sign located within 200 feet of a limited access freeway shall be 50 feet as measured from the location of the sign more 35 feet above the height of the adjacent main travel lanes of the freeway, whichever is greater.
      (2)   The maximum size for the ground sign which is located within 200 feet of the freeway shall be two square feet of sign area for each linear foot of freeway frontage up to a maximum of 400 square feet.
   (F)   Roof signs.  Roof signs are permitted under the following provisions.
      (1)   One roof sign may be permitted with each development on all zoning districts except “R” Districts.
      (2)   Roof signs shall not project horizontally over the edge of the roof or eaves.
      (3)   The maximum area of roof signage shall be one square foot of sign area for each linear foot of qualified frontage not to exceed a maximum of 200 square feet.
      (4)   The height of a roof sign shall not exceed ten feet above the apparent flat roof or eave line.
      (5)   Roof sign supports should be architecturally attractive or screened from view.
   (G)   Projecting signs.  Projecting signs permitted are subject to the following provisions.
      (1)   One projecting sign may be permitted with each development in all zoning district except the “R” Districts.
      (2)   Projecting signs shall not project over the property lines of the development, right-of-way, or over any area within ten feet of the curb of public street.
      (3)   A projecting sign shall not extend more than four feet from any wall facing.
      (4)   The total permitted area of a projected sign shall be computed at one square foot of sign area for each linear foot of qualified frontage not to exceed a maximum of 100 square feet.
   (H)   Wall signs commercial area.
      (1)   Wall signs shall be permitted in commercial or industrial zoning district developments provided the total area of all wall signs on any one wall of a building shall not exceed 25% of the total wall area.
      (2)   Application of the area requirements shall include any valance or permanent window signs.
      (3)   A wall sign shall not project above the apparent flat roof or eave line.
      (4)   In service station/convenience stores uses when a canopy is provided over the pump area, wall signs located on the facia area of the canopy, or suspended on the supports of the canopy, may be permitted provided that the total area of all signs does not exceed 25% of the total facia area of the canopy.
   (I)   Signs; residential zones.  All signs are prohibited in the “R” District except as follows.
      (1)   Multi-family developments in the multi-family residential zone shall be allowed wall or ground signs for identification purposes only for each street frontage.  The total area of the signs shall not exceed 50 square feet.
      (2)   Ground signs allowed in these districts shall not exceed a height of four feet above grade.
      (3)   Ground signs installed in these districts shall not be located in the required sight triangle of a street or driveway intersection.
      (4)   In “R” District developments providing solid masonry screening along street frontages, approved wall signs may be installed in the screening walls.
      (5)   Wall signs may be used with any residential use in “R” Zoning District with a maximum of two square feet per sign.  No more than two signs per occupancy.  No permit is required.
   (J)   Traffic-control signs (private property).
      (1)   The maximum area of any one traffic control sign shall be two square feet.
      (2)   Traffic-control signs are not permitted in “R” Districts, with the exception of the Multi-Family Residential District.
      (3)   Traffic-control signs shall not include any advertising or attention attracting lighting, symbols, logos, or shapes.
   (K)   Memorial signs and historical tablets.  Nothing herein shall prevent the City Council from granting special permits on the terms as it may deem proper, for signs denoting properties or buildings which may have historical or memorial significance to the community.  Nor shall the City Council be restricted from authorizing signs as they deem appropriate to advertise patriotic, special events or special projects of general public interest taking place within the town.
   (L)   Lighting.
      (1)   Illuminated signs are permitted.  Illuminating may be by internal, internal-indirect, or indirect lighting as defined below.  Lighting shall be so installed as to avoid any glare or reflection into adjacent property, or onto a street or alley to create a traffic hazard.
      (2)   When not necessary to satisfy security purposes, it is suggested that lighting be turned off as soon after business hours as is reasonable, especially where signs are in close proximity to residential areas.
      (3)   INTERNAL LIGHTING shall mean a source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible.
      (4)   INTERNAL-INDIRECT LIGHTING shall mean a source of illumination entirely within the sign which makes the sign visible at night by means of lighting the background upon which the free standing character is mounted.  The character itself shall be opaque, and thus will be silhouetted against the background.  The source of illumination is not visible.
      (5)   INDIRECT LIGHTING shall mean a source of external illumination located a distance away from the sign, which lights the sign, but which itself is not visible to persons viewing the sign from any normal position of view.
   (M)   Rotating, moving, flashing, changing, or blinking billboard signs.  This type sign shall not be permitted.
   (N)   Message signs.  Message signs containing changeable messages, i.e. time and temperature, and the like, may be permitted on an individual basis by submittal of a request to the Building Official.
(Ord. 174, passed 9-14-1995; Ord. 385, passed 8-17-2014)

§ 151.054 TEMPORARY SIGNS.

   (A)   Generally.  Except as otherwise provided in this section:
      (1)   No person may erect a temporary sign as defined in § 151.051 without a permit from the Town Administrator;
      (2)   No temporary or portable sign shall be erected or placed to advertise a business, industry, or pursuit except on the premises on which the referenced business, industry, or pursuit is conducted;
      (3)   All temporary type fragile display or signage that might separate from itself or become separated from either line under the guidelines of the Uniform Building Code shall not be allowed.  These restrictions are to protect the general public from flying debris generated by dismembered displays;
      (4)   No temporary or portable sign shall be attached to any utility pole, light pole, or traffic control sign or pole;
      (5)   The complete sign package must be removed at the termination of the permit.  Removal of letters from the sign board does not abate a nonpermitted sign;
      (6)   No temporary sign shall be displayed more than 30 days per permit received;
      (7)   A maximum of three temporary sign permits per year shall be issued to any one business, industry, or pursuit.  However, consecutive permitting is not allowed.  There shall be a 45-day period between permitting;
      (8)   Temporary signs shall not exceed 50 square feet in area;
      (9)   No temporary or portable sign shall be erected or placed within 15 feet of the curb or street except for those which may be mounted on the wall of a building which is closer than 15 feet to the curb;
      (10)   No temporary or portable signs may be erected or placed in any location that constitutes a safety or traffic hazard;
      (11)   No temporary or portable sign may be erected or placed in a fire zone, fire lane, disabled parking area, or required loading zone;
      (12)   No temporary or portable sign may be erected or placed in any location that blocks view from any permitted permanent sign;
      (13)   Temporary or portable signs shall be placed at least 100 feet apart;
      (14)   Nonconforming temporary signs or temporary signs without permits may be impounded by the town 48 hours after notice is given to the owner or party responsible for the sign;
      (15)   Each temporary sign may advertise one or more business.  However, for each business advertised, a separate permit fee will be required and each business will be charged for the advertisement against its allocated three permits per year; and
      (16)   Trailer and portable signs shall bear in letters of not less than one inch in height, the company name of the sign owner and telephone number on each unit.  This information must be current.  Any sign not containing current information shall be classified as nonconforming and may be impounded by the town 48 hours after notice is given to the owner or party.
   (B)   Real estate signs.  Permits shall not be required for the following types of real estate signs.
      (1)   One temporary sign announcing the offering for sale or rental of individually platted residential or commercial property on which it is placed shall be allowed in any district and may be placed in any yard.  The signs shall not exceed five square feet in area.  The signs shall be removed within one week following the close of the sale or lease.
      (2)   On nonresidential commercial property where there is a business building, one temporary unlighted sign offering all or portion of the same sale or rental shall be allowed flat against any wall of the business building.  The sign shall be no taller than the wall and shall have an area no larger than 100 square feet.  The sign shall be removed within one week following the close of a sale or lease.
      (3)   On undeveloped property, temporary unlighted signs offering the same for sale or lease shall be allowed.  The signs shall be located at least 25 feet behind any curb or ten feet behind any property line, whichever is greater; and shall not exceed 15 feet in height.  The total area of all sign message surfaces of all the signs shall not exceed one square foot per one linear foot of street frontage of the property for sale or 100 square feet on each street fronting the property; whichever is smaller.  Only one sign per street frontage is permitted.  Each sign shall be removed within one week following the close of the sale or lease.
   (C)   Weekend advertising.  The Town of Lakeside’s policy for weekend advertising, as expressed in this chapter, is extended to homebuilders and apartment owners for the purpose of guiding the weekend motoring public to available residential properties in the town.  The policy is intended to benefit also the buying public.  These provisions are designed to allow temporary directional signs without resulting in an excess that may prove offensive to others of the public.  The policy should also serve as common sense guidelines in places where direct application is unclear.
      (1)   Registration.  In order for a builder/developer to be eligible to participate in this weekend advertisement, he or she must be registered in the Building Inspection Department.  An annual fee must be paid by each builder/developer/owner wishing to advertise under these provisions.  The annual fee must be paid and/or renewed during the month of January of each year.
      (2)   Schedule.  Signs will be allowed between 12;00 p.m. Friday and 12:00 p.m. Monday.  A holiday falling on Friday or Monday will be considered part of the weekend.
      (3)   Sign size.  Signs shall not exceed 24 inches x 30 inches in size, not to exceed five feet above grade.
      (4)   Spacing of signs.  A minimum of 30 feet must be held between all signs, and signs for one advertiser must be at least 200 feet apart.
      (5)   Sign location.  Individual sign locations shall adhere to the following criteria.
         (a)   No closer than 40 feet to a street intersection or median opening.
         (b)   Signs may be placed in town right-of-way, but no closer than three feet from the edge of the sign to the street curb or edge of payment.  Signs should not encroach either the sidewalks or the street.
         (c)   No sign shall be placed in the visibility triangle, as defined in this section.  Generally, if a sign is close to blocking motorist visibility, it should be removed.
         (d)   No signs shall be placed further than three miles from the subject property.
      (6)   Sign construction and criteria.  Signs should be rigid, two dimensional displays that advertise new residential property, “For Sale or Lease,” guiding the motorist to specific location in Lakeside.
      (7)   Guidelines and limitations.  These are the guidelines under which this policy will be administered, relating particularly to the weekend motoring customer.  It is the responsibility of the builder/owner to secure permission of the adjacent property owner for placement of signs on private property.  This policy does not grant unlimited access and use of the town right-of-way.  Violations of this policy will be cause for confiscation of signs.  Any signs which are confiscated by the Code Enforcement Officer may be reclaimed by the owner of the signs, but each signs so confiscated will be subject to a redemption fee.  If signs remain unclaimed for a period of 30 days, the town will dispose of the signs as may be appropriate.  Excessive general violations may require that the policy be suspended for a period of time.  The Town Administrator shall notify the City Council in the event that the suspension of this policy is put into effect indicating the causes and period of the suspension.  All builders/owners aid in maintaining a neat and orderly appearance throughout the town.
   (D)   Subdivision/new development signs.
      (1)   Subdivision/new development signs are to be used for the identification of a new project, such as a subdivision, where real property is being sold for the first time to user, new buildings, public projects and the like.  These signs are not permanent but may be required for a longer period of time than most temporary signs.
      (2)   Each subdivision and/or development shall be permitted to install one on-site sign located on the property owned by the advertiser in the same zoning district as the project and one off-site sign which may be located in any commercial, industrial, or office district or on unplatted vacant property.
      (3)   A sign permit is required for each subdivision or new development sign erected in accordance with these procedures.
      (4)   Permits for the signs shall be issued for a period of one year or to completion of the project, whichever occurs first.  A second permit allowing an additional one year may be granted by the Town Administrator upon payment of a renewal fee equal to the original permit fee and conformance with the following requirements.
         (a)   A substantial portion of the development is not completed.
         (b)   If the development has building activity in progress.
         (c)   If the sign is relocated to portion of the development which is not offensive to the completed portion of the development.
         (d)   These signs shall not exceed 15 feet in height and shall be no larger than 150 square feet in size.
         (e)   The signs shall be located at least 25 feet behind the curb of the street and shall not be in violation of any visibility triangle.
         (f)   On larger vacant tracts where more than one project or development may be advertised, no two signs may be closer than 200 feet.
   (E)   Trade construction signs.
      (1)   Trade construction signs may be approved at the discretion of the Town Administrator to advertise the various construction trades on any construction site.
      (2)   Trade construction signs must be removed prior to the final inspection of the building or structure.
   (F)   Political signs.
      (1)   Temporary, unlighted, political signs (including portable or trailer signs) supporting an announced candidate, a party or an issue shall be allowed in any district without a sign permit.
      (2)   Political signs shall not be located on any utility, light, traffic signal, or sign post.
      (3)   Political signs are permitted for a period of 30 days prior to local or county elections, 60 days prior to a state election, and 90 days prior to a national election.  All political signs shall be removed no later than seven days after the election or after the termination of candidacy, whichever is first.
      (4)   In “R” Districts, political signs shall not have a height of more than three feet above grade.  In other districts, the height shall not exceed six feet above grade.
      (5)   In “R”Districts, political signs shall not exceed five square feet.
      (6)   In all zoning districts, political signs shall not be located to cause a safety or traffic hazard.
   (G)   Temporary civic signs.
      (1)   Temporary signs advertising public school or religious events may be erected or placed on their property after ordaining a permit from the Building Department.  The permit will be at no cost.  A maximum of two permits may be issued at any one time.
      (2)   Temporary signs advertising public school, civic or religious events of public school, civic or religious organizations may be placed on any private property with the permission of the owner.  The off-site signs are required to be permitted.
      (3)   Signs announcing civic items of wide-spread community interest may be erected on public property or right-of-way with special permission of the City Council.  The signs shall be located so as not to present a safety or traffic hazard.
   (H)   Garage sale signs.
      (1)   Temporary, unlighted signs announcing the holding of a sale of household possessions at a place of residence shall be allowed in any zoning district without a permit.
      (2)   Garage sale signs shall be located on private property only.  Garage sale signs shall not be permitted on any public property or right-of-way, nor on any utility light, traffic signal, or sign post.
      (3)   Sign size shall not exceed six square feet.
      (4)   Signs shall not be posted more than five days prior to the beginning of the sale and shall be removed within 24 hours following the end of the sale.
(Ord. 174, passed 9-14-1995; Ord. 385, passed 8-17-2014)

§ 151.055 DESIGN AND CONSTRUCTION.

   (A)   The construction of all signs shall comply with the structural requirements of the current edition of the International Conference of Building Officials codes as adopted by the town.  Structural design shall be by a professional engineer registered by the State of Texas.
   (B)   The design of sign supports and structure shall be compatible with and in harmony with the surrounding buildings and structures.
(Ord. 174, passed 9-14-1995)

§ 151.056 OBNOXIOUS SIGNS EXPLOITING SEX.

   (A)   Visual depiction of sexual areas of human form prohibited.  No sign or signs as defined in this chapter, to include any temporary sign, which in whole or in part, depicts the human form in such a manner that areas of the buttocks, or the genitals, or the pubic area, or any portion of the female breast below the top of the nipple, are depicted as not covered with opaque clothing shall be erected, maintained, or placed upon or adjacent to the outside of any building where it is visible from the public street or from adjacent buildings or premises.  Any sign which is in violation of this section is declared a public nuisance.
   (B)   Abatement.
      (1)   Any temporary sign, or signs in violation of this subchapter shall be abated within 24 hours after notice has been given in writing to abate the sign or signs.  Any sign which involves letters placed on a marquee is considered a temporary sign for purposes of this section.
      (2)   Any sign or signs in violation of this subchapter which can be covered or painted over in such a manner so the sign will comply with this section and which does not require removal or mechanical or electrical alterations, the whole or part of the sign shall be covered or painted within 24 hours after written notice has been given to abate the sign or signs.
      (3)   Signs in violation of this subchapter which require mechanical or electrical alteration of all or part of the sign or require the removal of parts or all of the sign in order to comply with this subchapter shall be altered or removed within seven days after written notice to abate the sign or signs.
   (C)   Notice to abate.
      (1)   The Town Administrator, Police Department personnel, or one of their designees are authorized to prepare and deliver notice to abate any sign or signs in violation of this subchapter.
      (2)   Notice is deemed to be served for the purpose of this subchapter, if delivered to any person who is the owner or lessee of the premises on which the sign or signs are located or to any officer of any corporation or any partner of a partnership which is operating a business on the premises on which the sign or signs are located which violates this subchapter and which is responsible for the sign or signs in violation of this subchapter.
(Ord. 174, passed 9-14-1995; Ord. 385, passed 8-17-2014)

§ 151.057 ENFORCEMENT.

   (A)   If the Town Administrator or other person he or she may appoint shall find that any permanent sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the approved sign permit or provisions of this subchapter, the permittee or owner thereof shall be given written notice of the violation.
   (B)   If the permittee or owner fails to remove or abate the structure so as to comply with the standards herein set forth within ten days after the notice, the sign or advertising structure may be removed or altered to comply by the Town of Lakeside at the expense of the permittee and/or the owner of the property upon which it located.
   (C)   The Town Administrator shall refuse to issue any subsequent building, electrical, plumbing, or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay the costs so assessed.
   (D)   The Town Administrator may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed by giving notice to the owner or permittee at least 24 hours in advance.
   (E)   The Town Administrator or other persons he or she may appoint may cause any illegal temporary sign to be removed within 24 hours.
(Ord. 174, passed 9-14-1995; Ord. 385, passed 8-17-2014)

§ 151.058 ABATEMENT OF NONCONFORMING SIGNS.

   (A)   Time period.  A period of five years subsequent to the effective date of this chapter is hereby established for the abatement of signs legally existing prior to the date but the signs which have become nonconforming under the terms of this subchapter or previous ordinances adopted since the effective date noted.  Nothing contained within this provision shall apply to signs illegally erected.  The illegally erected signs are subject to immediate abatement.
   (B)   Wall signs.  Nonconforming painted wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the business occupying the premises changes to another business or different owner necessitating repainting of the sign.
   (C)   Abatement periods established herein are subject to appeal before the Board of Adjustment.
(Ord. 174, passed 9-14-1995)