The regulation of signs is intended to allow clear and concise information to be presented to the public while preventing inharmonious, distracting, or confusing signage due to excessive size or inadequate spacing.

1.

Compliance Required. All signs shall be erected, displayed, and maintained in with the requirements of this section and all other applicable state laws and city ordinances. If there is a conflict between the regulations of this section and a state law or city ordinance, the most restrictive standard applies and controls. In particular, if regulations oF any special zoning district are more restrictive, those regulations apply and control.

2.

Definitions. As used in this section the following terms are defined as follows:

a.

Face Area. The entire area contained within a single continuous perimeter enclosing the extreme limits of a sign. In computing face area of a double faced, back to back or V- type sign, the side with the larger face shall be used to compute the square footage of the sign to determine the size of the sign. Cutouts, uprights, trim, and aprons are to be excluded in computing face area. An extension or cutout of up to twenty (20) percent of the face area is permitted.

b.

Height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the vehicular traffic surface of the adjacent, improved pubic right-of-way, other than an alley or access road. If a sign is equidistant from more than one improved public right-of-way, none of which are alleys or access roads, the highest point shall be used.

c.

Mobile Sign. A sign designed for use and display outside which is moved on a trailer or is otherwise capable of being easily transported or moved from place to place.

d.

Off-Premise Sign. A sign displaying advertising or information copy that refers to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.

(1)

Small Off-Premise Sign. An off-premise sign with a face area not exceeding seventy-two (72) square feet.

(2)

Medium Off-Premise Sign. An off-premise sign with a face area exceeding seventy-two (72) square feet but not exceeding three hundred (300) square feet.

(3)

Large Off-Premise Sign. An off-premise sign with a face area exceeding three hundred (300) square feet but not exceeding six hundred seventy-two (672) square feet.

e.

On-Premise sign. A sign identifying or advertising a business, person, or activity. Installed and maintained on the same premises as the business, person, or activity, or displaying a noncommercial message on the premises of a business, person, or activity.

(1)

Attached On-Premise Sign. An on-premise sign attached to a building or to an open canopy attached to or supported by a building on one (1) side.

(2)

Attached On-Premise Canopy Sign. An on-premise sign attached to a freestanding canopy.

f.

Setback. For a front yard setback, the required distance between the portion of a sign on private land closest to a public right of way and the nearest point at the edge of the nearest public right of way and the nearest point at the edge of the nearest public right of way, other than an alley. If a public right-of-way crosses a railroad right-of-way line extended across the railroad right-of-way. For a side yard setback, the required distance between the portion of a sign on private land closest to the boundary line on the adjoining lot.

g.

Sign. Any structure or combination of structure and/or message in the form of a display, device, figure, painting, drawing, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form designed to advertise or to inform the public. "Sign" does not include an official traffic control sign, an official marker, a national or state flag, or governmental signs and announcements.

h.

Spacing. The required distance between a sign proposed to be erected and any existing sign for which a permit has been obtained, with the distance requirement to be based on the size of the sign for which a permit is being obtained. Each double faced, back to back or V-type sign shall be treated as a single sign. The spacing measurement shall be made along the shortest distance between a proposed sign's location and the nearest point on the other sign already erected on the same side of the roadway.

i.

Canopy. A covering that provides cover or protection to the area below. It may be freestanding and open on all sides, or stretch out from a building, thereby closing in that one side.

3.

Flashing, Moving, or Rotating Lights Prohibited; Signs Resembling Traffic Control Signs Prohibited. No sign or part of any sign may have lights which flash, move, or rotate in such a manner as to be confused with traffic control signals or emergency vehicle signals, or in a manner that confuses, misleads, or distracts traffic motorists. Beacons may not be placed on any sign or be made a part of any sign. Additionally, no sign that resembles an official traffic control sign, signal, or device or that bears the words "stop", "go slowly", "caution", "danger", "detour", or other wording for official traffic control signs or devices may be used within the city. This section does not prohibit time and temperature signs that do not present a traffic problem and are used as a public service.

4.

Political Signs. Political signs may be erected in any zoning district. Political signs erected in residential districts may not exceed six (6) square feet in size. Political signs erected in NC and CBD districts must not exceed eighteen (18) square feet in size. Political signs erected in industrial and commercial districts must comply with the size, height, spacing, lighting, and setback regulations that apply to off-premise signs in these districts. Political signs in commercial and industrial districts do not have to be constructed with a single support pole and all steel support structure. If the sign is a temporary sign it is to be removed within fourteen (14) days after the conclusion of the political contest for which it was erected by the advertising agent or sign owner. All political signs must comply with all other applicable city ordinances.

5.

Signs On or Over Buildings Restricted. No sign shall be located on or project over a building, except as provided in this ordinance.

6.

Signs over Public Rights-of-Way. No sign may be placed on or over a public right of way, whether used or unused, across the public right of way line extended across a railroad right-of-way, on utility poles or in such manner as to create a hazard to traffic.

7.

Temporary Signs.

a.

Construction Signs. Signs denoting the property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee engaged in the design, construction, or improvement of the property on which the sign is located shall be subject to the following restrictions:

(1)

Such sign may not exceed a combined total of one hundred twenty-five (125) square feet in area nor extended higher than fifteen (15) feet, as measured from ground level.

(2)

Such signs must be removed upon the issuance of an occupancy permit.

b.

Development Signs. Signs relating to the promotion of new developments which are located on the property to be developed, or signs denoting the future location of a development or public improvement which are located on the site of such development or improvement, shall be subject to the following restrictions:

(1)

For a business, and/or industrial development, one (1) sign not exceeding four hundred (400) square feet in area nor extending higher than twenty-five (25) feet, as measured from ground level may be placed on the site for a period of time not to exceed one (1) year, subject to renewal by the building official for a period not to exceed six (6) months.

(2)

For a residential development containing twenty-five (25) or more lots, or twenty (20) or more lots, or twenty (20) acres or more of land, one (1) sign not exceeding four hundred (400) square feet in area nor extending higher than twenty-five (25) feet, as measured from ground level, may be placed on the site for a period of time not to exceed one (1) year, subject to renewal by the building official provided the project is less than ninety (90) percent complete. No sign erected as provided herein may be located closer than one hundred (100) feet to a residential dwelling not within the development site.

c.

Real Estate Sign. Signs relating to the sale or rental of property on which the sign is placed shall be subject to the following restrictions:

(1)

In a residential, MD or MH zoning district, such signs may not exceed ten (10) square feet in area or four (4) feet in height, as measured from ground level.

(2)

In a MF, NC or CBD zoning district, such signs may not exceed ten (10) square feet in area or six (6) feet in height, as measured from ground level.

(3)

In a commercial or industrial zoning district, such signs may not exceed sixty-four (64) square feet in area or ten (10) feet in height, as measured from ground level.

d.

Signs Promoting Openings. Banners, flags, or pennants promoting the opening of a single family subdivision, multifamily complex, or retail or commercial establishment or center, shall have a maximum single use period for fourteen (14) days, with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for the subdivision, complex, establishment, or center.

e.

Signs for Occasional Sales. One (1) sign for each street frontage not exceeding ten (10) square feet may be located on property where an occasional or garage sale is taking place. Two additional signs may be placed on other private property with the permission of that property owner Such signs are prohibited at all other locations and all signs must be removed by 8 pm of the final day of the sale.

8.

Nonconforming Signs.

a.

A "nonconforming sign" is any sign which was lawfully erected prior to the effective date of any regulation governing signs but which is no longer in compliance with such regulations because of the erection of an on premise sign or because of a change in such regulations.

b.

A nonconforming sign may remain in place, provided:

(1)

When any sign, or substantial part of a sign, is blown down, otherwise destroyed, taken down, or removed for any purpose other than maintenance or for changing the letters, symbols, or other matter on the sign, it may not be re-erected, reconstructed, or rebuilt except in full compliance with the requirements of this section.

c.

A sign or substantial part of a sign is considered destroyed if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location.

9.

Elimination of Certain Signs. The city may require the removal of any sign erected in violation of any regulation of the City of McGregor.

10.

Government Signs. Nothing in this ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

General Provisions.

a.

All off-premise signs shall be constructed of steel with a single support pole.

b.

No medium or large off premise sign may be located closer then one hundred (100) feet to any property within a residential zoning district. No small off-premise sign may be located closer than fifty (50) feet to any property within a residential zoning district. This measurement shall be taken along the shortest distance between a sign or proposed sign location and the nearest point on a residential zoning district boundary.

c.

Each off-premise sign shall have a minimum ground clearance of six (6) feet.

d.

An off-premise sign may not have a face area greater than six hundred seventy-two (672) square feet and may not have more than two (2) sign faces.

e.

Off-premise signs in any residential districts shall be not be illuminated. Off-premise signs in B-1or any industrial or agricultural districts may be illuminated with upward shielded illumination.

f.

No off-premise sign may rotate or move in any direction.

g.

An off-premise sign may be erected on a developed premise, site, or lot that has existing, detached, on-premise sign; provided such off-premise sign:

(1)

Is not attached to any building or the on-premise sign; and

(2)

Is not located in areas required for parking or loading under this ordinance; and

(3)

Is not located in the required open space as set out in this ordinance; and

(4)

Is erected at a location which complies with all spacing requirements under this ordinance.

2.

Small Off-Premise Signs.

a.

Small off-premise signs may be located in the MF, NC, GC, CBD, LI, MI or HI districts.

b.

The spacing requirement for small off-premise signs is three hundred (300) feet from another off-premise sign.

c.

The front yard setback for small off-premise signs is five (5) feet, except that all such signs must be located at least fifteen (15) behind the curb line.

d.

The maximum height is twenty (20) feet.

3.

Medium Off-Premise Signs.

a.

Medium off-premise signs may be located in LI, MI, and HI zoning districts.

b.

The spacing requirement for medium off-premise signs is five hundred fifty (55O) feet from another off-premise signs.

c.

The front yard setback for medium off-premise signs is fifteen (15) feet.

d.

The maximum height is thirty-five (35) feet.

4.

Large Off-Premise Signs:

a.

Large off-premise signs may be located only in the industrial areas.

b.

The spacing requirement for large off-premise signs is one thousand (1000) feet.

c.

The front yard setback for a large off-premise sign is twenty-five (25) feet.

d.

The maximum height is forty-five (45) feet, except that the uppermost point of such signs may not exceed sixty (60) feet above the ground immediately below such sign.

e.

Where a detached sign is wholly within one hundred (100) feet of an interstate highway and oriented to be visible from that highway, the following exception applies: The height of that sign may be extended to thirty (30) feet above the nearest point on the nearest travel surface of the interstate highway, provided the total height of the sign does not exceed sixty (60) feet.

1.

General Provisions.

a.

On-Premise signs within twenty-five (25) feet of a lot line of a lot within a residential or central business district are governed by the regulations of that residential or central business district.

b.

No on-premise sign may be located nearer to a residential district lot line than is permitted for the business or commercial structures.

2.

Detached On-Premise Signs.

a.

R-10, R-7.2, R-6 and MH districts.

(1)

One (1) detached, on-premise sign may be displayed.

(2)

The size of the sign may not exceed eight (8) square feet.

(3)

The front yard setback is five (5) feet.

(4)

The maximum height is six (6) feet.

(5)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not flash, move, rotate, or change illumination.

b.

MD and MF districts.

(1)

One (1) detached, on-premise sign may be displayed. Premises with more than seven hundred fifty (750) feet of frontage along a public right-of-way other than an alley may also have one (1) additional frontage or fraction thereof.

(2)

The size of the sign may not exceed forty (40) square feet.

(3)

The front yard setback is five (5) feet.

(4)

The maximum height is twelve (12) feet.

(5)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination more often than once an hour.

c.

NC and CBD districts.

(1)

One (1) detached, on-premise sign may be displayed. Premises with more than four hundred (400) feet of frontage along a public right-of-way other than an alley may also have one (1) additional detached, on-premise sign for every four hundred (400) feet of additional frontage or fraction thereof. One (1) additional sign will be allowed per premise for each separate building not exceeding forty (40) square feet for each separate building; provided the total signage on the property shall not exceed that allowed under the frontage ratio set out herein.

(2)

The front yard setback is five (5) feet.

(3)

The maximum height is twelve (12) feet.

(4)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination more often then once an hour.

d.

GC.

(1)

One (1) detached on premise sign may be displayed. Premises with more than two hundred (200) feet of frontage on a street, other than an alley, may have one additional sign for each two hundred (200) feet, or portion thereof, and each separate building may have a separate sign providing that the frontage ratio for the sign face area, as provided herein, is not exceeded.

(2)

The maximum sign face area shall not exceed eighty (80) square feet except that the maximum sign face area may be increased ten (10) percent for each ten (10) linear feet by six feet deep landscaping of the property frontage that the sign faces with a maximum sign face area not to exceed one hundred (100) square feet.

(3)

The maximum sign height shall not exceed twenty (20) feet.

(4)

The front yard setback is five (5) feet.

(5)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination more than once an hour.

e.

LI, MI, and HI districts.

(1)

One (1) detached, on-premises sign may be displayed. Premises with more than four hundred (400) feet of frontage along a public right-of-way other than an alley may also have one (1) additional detached, on-premise sign for every four hundred (400) feet of additional frontage or fraction thereof.

(2)

The following size limitations apply:

(a)

For premises with frontage on a primary arterial street, or limited access freeway, a ratio of one and one-half (1 1/2) square feet in area for each foot of frontage or four hundred (400) square feet in area whichever is less. One (1) additional sign, not exceeding sixty (60) square feet will be allowed for each separate building on the premises; provided the total signage on the property shall not exceed that allowed under the frontage ratio set out herein.

(b)

For premises with frontage on any other street, one hundred twenty square feet in area; provided that if a second on-premise sign may be erected under (d)(1), such sign may not exceed sixty (60) square feet. Provided, further that if only one (1) sign is to be erected in place of the allowed two (2) signs, that one (1) sign may be one hundred eighty (180) square feet in area.

(3)

The front yard setback is five (5) feet.

(4)

The following height limitations apply.

(a)

For premises with frontage on or within three hundred feet of a state highway, a height of fifty (35) feet.

(b)

For premises with frontage on a controlled access highway thirty-five (35) feet.

(c)

For premises with frontage on any other street, twenty-five (25) feet.

(5)

If located closer than fifty (50) feet to a residential district, the sign may not flash and must be designed so it does not shine or reflect light into adjacent residences. The sign may be illuminated.

3.

Attached On-Premise Sign.

a.

R-10, R-7.2 and R-6 districts.

(1)

One (1) attached sign may be displayed.

(2)

The size of the sign may not exceed three (10) square feet.

(3)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination.

b.

MD and MF district.

(1)

One (1) attached sign may be displayed.

(2)

The size of the sign may not exceed thirty-five (35) square feet.

(3)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination more often than once an hour.

(4)

Supplemental signs for the purpose of identifying the apartment buildings and units located within shall be allowed on each building wall not to exceed nine (9) square feet in area per building wall.

c.

NC, GC and CBD districts.

(1)

One (1) attached sign per building wall may be displayed for each occupant or use on the premises.

(2)

The cumulative size of signs may not exceed ten (10) percent of the wall area.

(3)

No portion of the sign may have a luminance greater than two hundred (200) foot candles and may not move, flash, rotate, or change illumination.

d.

LI, MI and HI districts.

(1)

One (1) attached sign per building wall may be displayed for each occupant or use on the premises.

(2)

The cumulative size of the signs may not exceed ten (10) percent of the wall area.

(3)

If located closer than fifty (50) feet to an residential district, the sign may not flash and must be designed so that it does not shine or reflect into adjacent residences. The sign may be illuminated.

(4)

One (1) attached on-premise canopy sign may be displayed. Such sign shall not exceed thirty (30) percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy.

1.

Portable signs may be located in any zoning district except R-10, R-7.2, R-6, MD, MF, MH, NC and CBD if the message or advertisement contained on the sign refers to some service or product available on the premises or is a noncommercial message.

2.

A mobile sign may not stand on any premise for more than thirty (30) consecutive days at a time or for more than sixty (60) days in any calendar year without at least a period of thirty (30) intervening days.

3.

Lighted mobile signs shall be constructed and installed in accordance with the requirements of the city's electrical code. Mobile signs with red, yellow, amber, green, or blue lights, or with lights that flash, blink, or vary in intensity, are prohibited.

4.

Mobile signs must comply with the setback requirements that would apply to off-premise signs in the zoning district in which the mobile sign is to be located. Mobile signs may not be placed on right-of-way and may not be placed in such a manner as to create a hazard to traffic.

5.

A mobile sign must be tied down or secured in a manner prescribed by the building official to ensure the safe installation of said sign.

All signs erected along highways which are part of the interstate or primary system as defined in Section 391.001 of the Texas Transportation Code must comply with the requirements of that article. If any regulation or ordinance of the City of McGregor is more restrictive than that article, the regulation or ordinance of the city controls.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

The building inspection department shall administer and enforce the provisions of this section.

2.

Permits are required for the following signs:

a.

All signs having an area greater than ten (10) square feet.

b.

All signs having a height in excess of eight (8) feet.

c.

All illuminated signs.

d.

All signs with moving elements.

e.

All signs projecting more than eighteen (18) inches from any wall, roof, parapet, or eve.

f.

All Temporary signs.

3.

No person shall erect or display a sign unless a permit for each sign is issued by the department of building inspection.

4.

An application for a permit shall contain information concerning the location and size of the sign, date to be erected, value, name of the sign owner, name of the sign lessee, if any, and the name of the owner of the property where the sign is to be located.

5.

An application for permit shall also include a drawing to scale of the proposed sign and a list indicating the size of all existing signs maintained on the premises and visible from the right-of-way; a drawing of the lot plan or building facade, indicating the proposed location of the sign; and specifications for its construction, lighting, motion, and wiring, if any.

6.

The building official shall issue a permit for the sign if it complies with the requirements of this section.

7.

The building official shall assign to each off-premise sign for which a permit is issued an identification number and shall issue an identification sticker with that number which shall be affixed to the sign's support pole. The identification sticker shall be placed on the support pole four (4) to six (6) feet above ground level. The identification sticker shall also be visible from the public right-of-way which is along the front of the property where the sign is located.

8.

If the ownership or leasehold interest of any sign for which a permit has been issued changes, the permit holder shall provide this information to the city within thirty (30) days.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

An applicant for a sign permit may include with the sign permit application an application for a variance from the requirements of this section on forms approved by the Board of Adjustment for use. The application shall state the reasons why the applicant requests a variance. A copy of the application shall be made available by the board for public inspection at least twenty (20) days prior to the public hearing on the application. The development plan required by this ordinance is not required for a variance from the sign regulations contained in this section.

2.

The director of planning shall review and report on the variance application as required by this ordinance. The board shall give notice and hold a public hearing on the variance application as required by this ordinance.

3.

The board, subject to appropriate conditions, may authorize only the following variances from the requirements of this section if it finds that the public convenience and welfare will substantially be served, that the appropriate use of the neighboring area will not be substantially affected and that the variance is the minimum necessary to prevent an unnecessary hardship not created by the applicant:

a.

A variance of up to twenty (20) percent from the front yard side yard setbacks.

b.

A variance of up to thirty (30) percent from the height restrictions.

c.

A variance to the size of an attached, on-premise sign to permit it to cover fifteen (15) percent of the wall area.

4.

The board may not grant a variance from the face size or spacing requirements for signs.

5.

The board shall issue its decision on the variance application in writing within 30 days.

6.

The board, may hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the building official in the administration of this section.

7.

The voting requirements of this ordinance and the provisions for a court appeal apply to variances and appeals authorized by this section.