Red Oak City Zoning Code
ARTICLE 12
SIGN REGULATIONS
§ 1 PURPOSE.
12.1.1
Purpose and Intent
Signs use private land and the sight lines created by the public right-of-way to inform and persuade the general public by publishing a message. This Article provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare[,] convenience, and enjoyment of the public, and in part to achieve the following:
A.
Safety.
To promote the safety to persons and property by providing that signs:
1.
do not create a hazard due to collapse, fire, collision, decay or abandonment;
2.
do not obstruct firefighting or police surveillance; and
3.
do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or read traffic signs.
B.
Communication Efficiency.
To promote the efficient transfer of information in sign messages by providing that:
1.
those signs which provide messages and information most needed and sought by the public are given priorities;
2.
businesses and services may identify themselves;
3.
customers and other persons may locate a business or service;
4.
no person or group is arbitrarily denied the use of the sight lines from public right-of-way for communication purposes; and
5.
person(s) exposed to signs are not overwhelmed by the number of messages presented and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
C.
Landscape Quality and Preservation.
To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
1.
do not interfere with scenic views;
2.
do not create a nuisance to person(s) using the public right-of-way;
3.
do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement; and
4.
are not detrimental to land or property values; and areas of districts within the City and orient himself with it [sic].
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10)
§ 2 PROCEDURES.
12.2.1
Permit Required
A.
A person commits an offense if the person erects, repairs, alters or relocates a sign without first obtaining a building permit from the Building Official and making a payment of the required fee.
B.
All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code, and the permit fees required hereunder.
C.
All signs located within the “Highway Control Zone” shall be subject to the provisions of the Texas Highway Beautification Act–Outdoor Advertising Signs and a Highway Department License shall be required.
12.2.2
Application for Permit
A.
An application for a sign permit shall be made upon forms provided by the Building Official 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 other advertising structure is to be attached or erected;
3.
Two (2) sets of plans showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences and sidewalks;
4.
Two (2) blueprints or ink drawings of the plans and specifications showing method of construction, and attachment to the building or ground, size, type, height, construction materials and such other information as the Building Official may require;
5.
Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. Plans shall include a registered engineer’s seal for foot-mounted signs or freestanding signs of fifty (50) square feet or larger and ten (10) feet or more in height;
6.
Name of person, firm, corporation or association erecting structure;
7.
Written consent of the owner of the building, structure or land to which or on which the structure is to be erected;
8.
Any electrical permit required and issued for said sign;
9.
Insurance policy or bond as required by Section 12.3.13 [12.2.12], this Article;
10.
Zoning classification carried by the property;
11.
Such other information as the Building Official shall require to show full compliance with this and all other laws and ordinances of the City; and
12.
Highway Department License for all signs located within the “Highway Control Zone” (Texas Highway Beautification Act–Outdoor Advertising Signs).
B.
The Building Official may require plans to be prepared by a registered professional engineer or architect.
12.2.3
Illuminated Sign: Approval by Electrical Inspector
A.
The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the City.
B.
All illuminated signs shall bear the Underwriter’s requirements or the application shall be disapproved. This action of the Electrical Inspector shall be taken prior to submission of the application to the Building Official for final approval or disapproval of the building permit.
C.
All electrical service to freestanding signs shall be underground.
12.2.4
Issuance of Permit
Upon receipt of an application for a permit the Building Official shall examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed structure is in compliance with all the requirements of this section, the Building Code and all other laws and ordinances of the City, he shall then issue the building permit. If the work authorized under a building permit has not been completed within sixty (60) days after issuance, the said permit shall become null and void.
12.2.5
Inspection
The permit holder shall notify the Building Official shall be notified by the permit holder [sic] when erection of the sign is complete and he shall make an inspection to determine if the sign conforms to the City ordinances and codes. The Building Official shall inspect at such times as he deems necessary, each sign regulated by this section for the purpose of ascertaining whether the same is secure or insure [insecure,] whether it still serves as useful purpose and whether it is in need of removal or repair.
12.2.6
Unsafe Signs
If the Building Official shall find any sign regulated herein unsafe or insecure, or is a menace to the public, he shall give written notice to the permit holder thereof. If the permit holder fails to remove or repair the structure within ten (10) days after such notice, the Building Official [shall remove the sign] at the expense of the permit holder or owner of the property upon which it is located. The Building Official shall refuse to issue a permit to any permit holder or owner who refuses to pay costs so assessed. The Building Official may cause any sign which is an immediate peril to persons or property to be removed without notice.
12.2.7
Assessment of Expenses; Lien
A.
The City assesses the expenses incurred pursuant to Section 12.3.6 [12.2.6] and Section 9 [8] of this article against the real estate on which the nuisance is abated, and charges the owner of the property for the same.
B.
The City shall send the owner of the property upon which the work was done a notice. The notice shall include:
1.
an identification of the property;
2.
a description of the violation;
3.
a statement that the City abated the condition;
4.
a statement of the City’s charges and expenses in abating the condition;
5.
an explanation of the property owner’s right to request a hearing within ten days; and
6.
a statement that in the event the owner fails or refuses to pay the expense within thirty days after the first day of the month following the one in which the work was done, the mayor or his/her designee shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of the expenses so incurred.
C.
The lien is security for the expenditures made and interest accruing at the rate of ten percent per year from the date of payment by the City.
D.
The City Manager will conduct a hearing if the property owner submits a written request within 10 days of the date of the notice. The City Manager may find if a preponderance of the evidence presented so shows, that the charges are erroneous and may adjust the charges.
E.
When the statement is filed, the City shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
F.
For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the City. The statement of expenses or a certified copy therefore [thereof], is prima facie proof of the expenses incurred by the City in doing the work or making the improvements, all as more particularly specified in Texas Health and Safety Code annotated, section 342.007, as amended, which is adopted and incorporated in this article by reference.
12.2.8
Number, Date and Voltage to be on Sign
Every sign or other advertising structure hereafter erected shall have painted in a conspicuous place thereon, in letters not less than one (1) inch high in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.
12.2.9
Maintenance Required
The sign permit holder shall maintain all parts and support of said sign in good condition to prevent deterioration, oxidation, rust and other unsightly conditions.
12.2.10
Wind Pressure and Dead Load Requirements
A.
All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the City.
B.
Plans shall be sealed by a registered engineer on all roof-mounted signs and on all freestanding signs of fifty (50) square feet or larger and ten (10) feet or more in height.
12.2.11
Exemptions
The provisions and regulations of this section shall not apply to the following signs provided, however, said signs shall not obstruct visibility as determined by the Building Official and shall be subject to the provisions of Section 3, 12.3.6 [12.2.6], Unsafe and Unlawful Signs:
A.
Signs not exceeding eight (8) square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are located.
B.
Signs not exceeding thirty-two (32) square feet which advertise the sale of residential tracts larger than five (5) acres; or commercial tracts which advertise the sale, rental or lease of the premises upon which said signs are located.
C.
Nameplates not exceeding one (1) square feet in area.
D.
Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when the same are located on the premises of the institution.
E.
One temporary construction sign denoting only the architect, engineer or contractor when placed upon work under construction; sign must not exceed sixteen (16) square feet in area.
F.
Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building and not exceeding two (2) square feet in area.
G.
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
H.
Flags, emblems and insignia of any governmental body, decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such.
I.
On-site directional signs not exceeding two (2) square feet, provided such directional signs do not contain advertising and are not used as such. Placement of such directional signs must have the approval of the Building Official and conform to visibility standards.
J.
Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such emergency, temporary or non-advertising signs as may be approved by the Administrative Official.
K.
Political signs which meet the following restrictions:
1.
The sign shall not exceed eight (8) feet in height;
2.
The sign shall not have an effective area greater than thirty-six (36) feet;
3.
The sign shall not be illuminated or have any moving elements; and
4.
The sign shall not contain primarily a political message on a temporary basis and be generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political.
L.
Window signs meeting the following restrictions:
1.
Window signs do not exceed 40% of the total window area per elevation; or
2.
Window signs exceed 40% of the total window area per elevation, and are approved by a valid SUP; and
3.
Window Signs shall not have been originally constructed for any purpose other than display as commercial signage to the outdoors or be constructed of a material subject to fading and/or decay due to exposure to the elements regardless of whether the sign is placed indoors or outdoors.
4.
Advertisements for fundraisers, and civic, educational, or community service organizations are exempt from this subsection.
5.
Sign area measurements in determining coverage percentages shall be calculated as follows:
a.
For a window sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For a window sign comprised of individual letters, figures or elements, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, shall not be included in the total area of a window sign.
b.
Required address markings, hours of operation, business phone numbers, and enter/exit signs are not considered in the calculation of coverage percentages unless they collectively equal more than 40% of the total window area per elevation.
12.2.12
Bond or Insurance Requirements
An applicant for a permit to erect a sign shall, before the permit is granted, file with the Building Official a continuing bond in the penal sum of five thousand ($5,000) dollars executed by the applicant and an approved surety company and conditioned for the faithful observance of the provisions of this section, and all amendments thereto, and all of the laws and ordinances relating to signs which shall indemnify and save harmless the City from any and all damages, judgments, costs or expenses which the said City may incur or suffer by reason of the granting of said permit. A liability insurance policy issued by an approved insurance company authorized to do business in the State of Texas conforming to this subsection may be permitted in lieu of a bond.
12.2.13
Signs not to Constitute Traffic Hazard
A.
No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner or intensity of illumination, it may interfere with vehicular or pedestrian traffic.
B.
No sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.
C.
No sign shall make use of the words, “stop,” “go,” “look,” “slow,” “danger” or any other similar word, phrase symbol or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to interfere with, mislead or confuse traffic.
12.2.14
Lighting
A.
Gooseneck reflectors and lights shall be permitted on ground signs and wall signs provided, however, the reflectors shall be provided with proper shielding or lenses to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
B.
Any spotlight or other illumination of a sign shall be so directed or shielded that the light source is not directly visible from any street, sidewalk or adjacent property.
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10)
§ 3 PROHIBITED SIGNS.
12.3.1
Offense to Maintain Prohibited Sign
A.
A person commits an offense if the person:
1.
illuminates a sign to an intensity more than 200 lamberts, as measured from the right-of-way, or in such a manner so as to cause glare or brightness to a degree that could constitute a hazard or nuisance or is constructed or contains material capable of reflecting light images, sound waves or mirrored images;
2.
displays on a sign gestures or words which are obscene as defined in this article;
3.
paints a sign, other than a nameplate and address showing street number, to a fence, railing or wall which is not a structural part of the building in or facing a residential zoning district, whether or not on the property line;
4.
displays or erects a billboard; or
5.
unless authorized by the City Council, attaches a sign, paper or material, or paint, stencil or write any name or number (except house or street address numbers) or otherwise marks on any public sidewalk, curb, gutter or street.
B.
Unless authorized by the City Council, a person commits an offense if the person attaches, erects or maintains any sign, including a political sign:
1.
upon any public utility pole, or structure, nor on any tree that is located on public land or in a public right-of-way; or
2.
over or in public rights-of-way. No sign shall be erected in the right-of-way except movement control, traffic-control devices, street signs or directional signs placed by the city or state.
3.
Signs found to be in violation of subsections 1 and/or 2 shall be considered as abandoned in the city right-of-way and as rubbish. It shall be the duty of the code official or his designee to remove such signs in an effort to maintain the city right-of-way in compliance with section 308.1 of the Red Oak property maintenance code. All signs removed under this section shall be immediately disposed of, however, political signs, business signs adjacent to the business for which they advertise, and signs with an estimated value of one hundred dollars ($100.00) or greater shall be impounded and stored for at least ten (10) days. The 10 days shall start on the day after impoundment. Impounded signs may be redeemed by the owner after payment of a twenty-five dollar ($25.00) per sign impoundment fee. Such fees may be waived or adjusted at the discretion of the code official. Signs not claimed after the tenth (10th) day shall be disposed of;[.]
C.
A person commits an offense if the person erects or displays a sign in such a manner as to:
1.
prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape;
2.
obstruct free and clear vision, or at any location where by reason of position, shape, color, degree, manner or intensity of illumination it may interfere with vehicular or pedestrian traffic;
3.
interfere with, obstruct the view of, or be confused with any authorized traffic-control device; or
4.
encroach upon the visibility triangle of any street intersection.
12.3.2
Special Restrictions
A.
No advertising sign of any type shall be erected within fifty (50) feet of an adjoining residential district except by special permit of the City Council, subject to appropriate conditions and safeguards.
B.
Signs attached to a motorized vehicle, where the primary use of such vehicle is for sign purposes are prohibited. Signs attached to or upon any motorized vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for the purpose of advertising. Vehicles operating under a city franchise shall be excluded from this provision. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce or any bona fide transportation activity.
C.
Signs.
Permanent signs shall advertise only the onsite primary business.
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10; Ordinance 12-039 adopted 10/9/12; Ordinance 20-044, sec. 1, adopted 12/14/20)
§ 4 PERMITTED SIGNS.
12.4.1
Signs advertising each legally zoned activity within any district shall be allowed subject to the following conditions and regulations:
A.
Signs shall pertain only to the identification of a building, business, or products and services manufactured, sold, or offered on the premises where the sign is located, except as otherwise provided.
B.
In the event two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the others, except the combined footage of such signs cannot exceed the total square footage allowed for the sign.
C.
Except as otherwise provided, all signs shall conform to the following requirements relative to type of sign allowed, maximum area, surfaces, heights, location, setback, and other provisions as set forth below by zoning district:
2.
Nonresidential Uses in a Residential District.
A property used for a nonresidential use such as a church, school or park located in a Residential District (AG, RE, R-1, R-2, R-3, and R-4). No signs shall be permitted in these areas except as follows:
3.
Apartment District:
No signs shall be permitted in an Apartment District except the following:
a.
Those allowed under Section 3, 12.3.12 [12.2.11], Exemptions;
b.
Such temporary signs that may be allowed by Section 7 [6], Temporary Signs; and
c.
One sign per street front, subject to the following restrictions:
(1)
The sign may be attached to the building or set back one-half (1/2) the distance from the building line to the property line;
(2)
The sign shall not exceed forty (40) square feet;
(3)
The sign height shall not exceed twelve (12) feet;
(4)
Construction design and sign material shall match the main building; and
(5)
The entire sign must be located inside private property.
4.
Business District Signs: (O, C-1, C-2, C-3, I, HO, and PD).
No signs shall be permitted in the O, C-1, C-2, C-3, I, HO, and nonresidential areas of a PD zoning district except for the following:
a.
Those signs allowed under Section 3, 12.3.12 [12.2.11], Exemptions;
b.
Such temporary signs that may be allowed by Section 7 [6], Temporary Signs;
c.
Permanent signs which comply with the following restrictions:
(1)
Monument signs shall not exceed one hundred twenty (120) square feet total surface area.
(2)
Multi-tenant Monument signs shall not exceed two hundred (200) square feet total surface area.
(3)
Attached Signs that meet the following conditions:
(i)
The basic allowance for wall signs shall be limited to three (3) square feet of sign area for each lineal foot of building or tenant frontage;
(ii)
The minimum sign area for each tenant shall not be less than 25 square feet;
Each tenant may have multiple attached signs as long as the total attached sign area does not exceed the allowances established for attached signs;
(iii)
An attached sign or signs shall not be greater than seventy-five (75%) percent of the length of the tenant space or the length of the building frontage for single-tenant buildings;
(iv)
The area of any wall sign may be increased by twenty-five (25%) percent when the building is set back at least two hundred (200) feet from the public right-of-way and may be further increased an additional twenty-five (25%) percent for each additional two hundred (200) feet of setback, or fraction thereof, up to a maximum of one hundred (100%) percent; and
(v)
Attached signs shall not exceed the roofline.
(vi)
For an attached sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For an attached sign comprised of individual letters, figures or elements, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, shall not be included in the total area of an attached sign.
(4)
No sign shall be allowed on a roof.
(5)
Each sign shall provide a minimum of ten (10) feet vertical clearance from sidewalk or ground level.
(6)
Monument and Multi-tenant Monument Signs with an effective area of fifty (50) feet or less may be located as near as five (5) feet to the public right-of-way or at the building line if this requires lesser setback provided that said sign is a premise or direction sign and does not occupy the space between two (2) feet and ten (10) feet above grade within fifteen (15) feet of the public right-of-way except for supports, which may not exceed a total cross-section area of two (2) square feet;
(7)
Monument and Multi-Tenant Monument Signs with an effective area of one hundred twenty (120) square feet or less may be located as near as fifteen (15) feet of the public right-of-way provided that said sign is a premise or directional sign;
(8)
Permanent attached banners that meet the standards of section 12.3.1(A)(6) and conform to all restrictions except restriction (5) of this subsection. Such banners may be replaced without the requirement of additional permits;
(9)
Permanent detached banners with effective width of no more than three (3) feet measured from the edge of the structure on which the stanchions are attached to the outer edge of the banner, and a length, if attached to a monument sign, of no more than ninety (90%) percent of the height of such sign, or, if attached to a private light pole or pole sign, of no greater than ninety (90%) percent of the distance between a point ten (10) feet above the adjacent ground and the connection coupling of the light fixture, arm, or sign frame. No more or less than two (2) permanent detached banners may be symmetrically attached to the side of any existing monument sign or to the pole of an existing pole sign or private light pole. Permanent detached banners attached to private light poles and pole signs must be a minimum of ten (10) feet from the adjacent ground at their lowest point. Permanent detached banners must be attached by two (2) cast metal decorative stanchions in such a manner that the banner is taut across the entire surface of the sign. The stanchions shall be removed or a new banner displayed if no banner has been displayed for a period of ninety (90) consecutive days. Banners that utilize approved stanchions may be replaced without the requirement of additional permits, however if the stanchions are removed, replaced, or relocated a new permit is required. Stanchions shall be similar in design to exhibit “A”;
Editor’s note–Exhibit “A”, referred to in the above subsection, is not printed herein.
(10)
Illuminated or non-illuminated attraction or reader boards that can accommodate posters no larger than twenty-four (24) square feet, are constructed of a metal frame, and are flush mounted to either the side or rear exterior wall of a structure or to the front wall of a structure with a SUP. Attraction or reader boards must be displayed in such a manner that no portion of the poster or frame is higher than eight (8) feet above the adjacent ground level. Up to 3 attraction or reader boards may be displayed on a rear or side elevation, however, additional attraction or reader boards may be displayed provided that there are no more than one (1) attraction or reader board per every ten (10) lineal feet. Illuminated attraction or reader boards shall be installed so that no wiring or conduit is visible or accessible to the public; and
d.
Such signs as allowed by Section 6 [5], Off-Premise Detached Signs.
5.
Interstate Signage for property within an HO, C-1, PD Zoning District.
Interstate signs on property within an HO, C-1 or PD zoning district shall comply with the following:
a.
Signs shall be subject to the Texas Highway Beautification Act–Outdoor Advertising Signs.
b.
Permanent signs shall be subject to the following restrictions:
(1)
Monument signs shall not exceed forty (40) feet in height and ten (10) feet in width. Overall surface area shall not exceed one hundred fifty (150) square feet;
(2)
Multi-tenant Monument signs shall not exceed forty (40) feet in height. Overall surface area shall not exceed three hundred (300) square feet;
(3)
Attached Signs that meet the following conditions:
(i)
The basic allowance for wall signs shall be limited to three and one-quarter (3.25) square feet of sign area for each lineal foot of building or tenant frontage;
(ii)
The minimum sign area for each tenant shall not be less than 25 square feet;
(iii)
Each tenant may have multiple attached signs as long as the total attached sign area does not exceed the allowances established for attached signs;
(iv)
An attached sign or signs shall not be greater than seventy-five (75%) percent of the length of the tenant space or the length of the building frontage for single-tenant buildings;
(v)
The area of any wall sign may be increased by twenty-five (25%) percent when the building is set back at least two hundred (200) feet from the public right-of-way and may be further increased an additional twenty-five (25%) percent for each additional two hundred (200) feet of setback, or fraction thereof, up to a maximum of one hundred (100%) percent; and
(vi)
Attached signs shall not exceed the roofline.
(vii)
For an attached sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. For an attached sign comprised of individual letters, figures or elements, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, shall not be included in the total area of an attached sign.
(4)
Pole signs shall not exceed fifty (50) feet in height; must be mounted on one or more freestanding columns, on braces in or upon the ground and not part of the building. The overall surface area shall not exceed three hundred (300) square feet;
(5)
A Monument, Multi-Tenant Monument or Pole sign with an effective area of fifty (50) square feet or less may be located as near as five (5) feet to the public right-of-way or at the building line, if this requires a lesser setback, provided that said sign is a premise or directional sign, does not exceed fifty (50) feet in height and does not occupy the space between two (2) feet and ten (10) feet above grade within fifteen (15) feet of the public right-of-way except of [for] supports, which may not exceed a total cross-sectional area of two (2) square feet;
(6)
A Monument, Multi-Tenant Monument or Pole sign with an effective area of one hundred fifty (150) square feet or less may be located as near as fifteen (15) feet to the right-of-way, provided that said sign is a premise or directional sign and does not exceed fifty (50) feet in height[;]
(7)
A Monument, Multi-Tenant Monument, or Pole sign with an effective area of three hundred (300) square feet or less may be located as near as twenty-five (25) feet to the right-of-way or as near as the building setback line specified by the Comprehensive Zoning Ordinance, whichever is further, provided that it does not exceed a height of fifty (50) feet;
(8)
The sign must be within five hundred (500) feet from or adjacent to the interstate;
(9)
Permanent attached banners that meet the standards of section 12.3.1(A)(6) and conform to all restrictions of this subsection. Such banners may be replaced without the requirement of additional permits; and
(10)
Permanent detached banners with effective width of no more than three (3) feet measured from the edge of the structure on which the stanchions are attached to the outer edge of the banner, and a length, if attached to a monument sign, of no more than ninety (90%) percent of the height of such sign, or, if attached to a private light pole or pole sign, of no greater than ninety (90%) percent of the distance between a point ten (10) feet above the adjacent ground and the connection coupling of the light fixture, arm, or sign frame. No more or less than two (2) permanent detached banners may be symmetrically attached to the side of any existing monument sign or to the pole of an existing pole sign or private light pole. Permanent detached banners attached to private light poles and pole signs must be a minimum of ten (10) feet from the adjacent ground at their lowest point. Permanent detached banners must be attached by two (2) cast metal decorative stanchions in such a manner that the banner is taut across the entire surface of the sign. The stanchions shall be removed or a new banner displayed if no banner has been displayed for a period of ninety (90) consecutive days. Banners that utilize approved stanchions may be replaced without the requirement of additional permits, however if the stanchions are removed, replaced, or relocated a new permit is required. Stanchions shall be similar in design to exhibit “A”; and
Editor’s note–Exhibit “A”, referred to in the above subsection, is not printed herein.
(11)
Illuminated or non-illuminated attraction or reader boards that can accommodate posters no larger than twenty-four (24) square feet, are constructed of a metal frame, and are flush mounted to either the side or rear exterior wall of a structure or to the front wall of a structure with a SUP. Attraction or reader boards must be displayed in such a manner that no portion of the poster or frame is higher than eight (8) feet above the adjacent ground level. Up to 3 attraction or reader boards may be displayed on a rear or side elevation, however, additional attraction or reader boards may be displayed provided that there are no more than one (1) attraction or reader board per every ten (10) lineal feet. Illuminated attraction or reader boards shall be installed so that no wiring or conduit is visible or accessible to the public.
Table 12.1. Permanent Signs in Nonresidential Zoning Districts | ||||
|---|---|---|---|---|
Signage | Zoning | Height | Width | Total |
Interstate Sign | HO, C-1, and nonresidential areas of a PD district | |||
Monument | 40 feet | 10 feet | 150 sq feet | |
Multi-tenant Monument | 40 feet | – | 300 sq feet | |
Attached | not exceeding roof line | 75% of building frontage | – | |
Pole | 50 feet | – | 300 sq feet | |
Other Signs | HO, C-1, C-2, and nonresidential areas of PDs, or I district | |||
Monument | – | – | 120 sq feet | |
Multi-tenant Monument | – | – | 200 sq feet | |
Attached | not exceeding roof line | 75% of building frontage | – | |
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10)
§ 5 OFF-PREMISE DETACHED SIGNS.
12.5.1
A Special Use Permit is required for all Off-Premise signs.
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10)
§ 6 TEMPORARY SIGNS.
12.6.1
Subdivision Development Signs and “For Sale” or “For Lease” Signs
A.
Subdivision development signs and “for sale” or “for lease” signs may be erected upon approval of the Administrative Official provided such sign(s) relate only to the property on which they are located or have a letter of permission from the property owner. No such sign(s) shall be erected unless a permit has been secured.
B.
The sign shall not exceed ninety-six (96) square feet in surface area.
C.
The sign shall not exceed fifteen (15) feet in height.
D.
Not more than one (1) such sign shall be erected for each thirty (30) acres in the area under current development.
E.
Placement of such signs shall be subject to approval of the Building Official and shall not constitute a visibility hazard.
F.
The sign shall be removed when ninety-five (95%) percent of the available lots have been sold to owner/occupants.
G.
A letter of permission from the property owner of the land where the sign is erected is required.
12.6.2
Signs Advertising Occasional Sales (including garage sales, patio and porch sales)
Signs Advertising Occasional Sales (including garage sales, patio and porch sales) shall be limited to two (2) signs not to exceed four (4) square feet and shall meet the following requirements.
A.
The sign will be removed within seven (7) days of the sale.
B.
The sign may be internally or indirectly lighted; however, such light or lights shall not be of a flashing, intermittent moving or similarly lighted type. Any such sign located within a residential zoning district shall not be lighted.
C.
No sign shall be erected or maintained in such a manner as to obstruct free and clear vision.
D.
The sign must be located on private property with permission from the property owner.
12.6.3
Seasonal Signs for the Purpose of Advertising Seasonal Events
Seasonal signs for the purpose of advertising events may be erected within the following guidelines:
A.
Each organization shall register with Building Inspection Department prior to the erection of any such sign.
B.
The maximum size sign shall be thirty-two (32) square feet.
C.
Each sign shall be located on private property.
D.
Such signs shall be erected for a maximum of thirty (30) days.
E.
No sign shall be erected or maintained in such a manner as to obstruct free and clear vision.
12.6.4
Portable/Promotional Signs
Portable/promotional signs are subject to the following restrictions:
A.
No such sign shall be erected unless a permit therefor is first procured from the Administrative Official.
B.
No permit fee is required for a temporary sign under this section for public, religious, school, or charitable institution.
C.
The sign shall not exceed thirty-two (32) square feet in size.
D.
The sign permit may be issued for a maximum of thirty (30) days. Upon expiration of a permit, the sign must be removed from the premises and a new permit shall not be issued for sixty (60) days.
E.
No more than four (4) permits per property will be issued within a twelve (12) month period.
F.
The sign shall be set back a minimum of fifteen (15) feet from the curb or edge of pavement, completely out of City right-of-way.
G.
The sign shall not be located within the intersection visibility triangle area and shall not obstruct visibility of motorists or pedestrians.
H.
Such sign may be internally or indirectly lighted; however, such light or lights shall not be of a flashing, intermittent moving or similarly lighted type. Any such sign located within a residential zoning district shall not be lighted.
I.
The sign must be located on private property.
12.6.5
New Homebuilder Directional Signs
New homebuilder directional signs are subject to the following restrictions:
A.
Signs may be erected after 4:00 p.m. on Friday evenings and must be removed by 8:00 a.m. on Monday mornings; and
B.
The sign shall be set back a minimum of fifteen (15) feet from the curb or edge of pavement, completely out of City right-of-way.
C.
The sign shall not be located within the intersection visibility triangle area and shall not obstruct visibility of motorists or pedestrians.
Table 12.2. Temporary Signs | |||
|---|---|---|---|
Sign | Zoning District | Expiration | Maximum Size |
Portable/Promotional | Commercial | 30 days | 32 sq. feet |
Seasonal | Nonresidential | 30 days | 32 sq. feet |
Subdivision Development | Nonresidential | 95% of lots sold | 96 sq. feet |
Garage Sale | All | 7 days | 4 sq. feet |
New Homebuilder Directional | All | Friday 4:00 p.m. till Monday 8:00 a.m. | 4 sq. feet |
Non-Exempt Political Signs | All | Ten days after election | 96 sq. feet |
12.6.6
Non-Exempt Political Signs
A.
A person commits an offense if the person erects or displays a political sign other than a sign identified in Section 12.3.11.K [12.2.11.K] more than two (2) weeks before the commencement of early voting for an election or more than ten (10) days after the election and the sign:
B.
A person who erects or maintains a sign which contains primarily a political message on a temporary basis on a sign generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political shall comply with the regulations applicable to that type of sign.
12.6.7
Enforcement
The Code Enforcement Department shall give notice of a violation of this Article by one of the following methods:
A.
The sign permit shall show the expiration date of the temporary sign permit; or
B.
A notice shall be attached to the sign in violation of this section; or
C.
Verbal notification by telephone or in person shall be given to the owner or occupant of the property upon which there is located a temporary sign in violation of this Article, or the owner or lessee of the temporary sign in violation of this section by the Code Enforcement Department; or
D.
Written notification by the Code Enforcement Department to the permittee.
12.6.8
Removal and Storage of Temporary Signs
A.
If the owner, leaser or lessee fails to acquire a permit for a temporary sign, the Code Enforcement Department may remove the sign without notice at the expense of the sign owner or the person erecting, leasing, using or maintaining it.
B.
Any temporary sign so removed shall be subject to a fee of fifty dollars ($50.00) for hauling the sign to the storage area plus a ten dollar ($10.00) per day storage fee for each day the sign is stored by the City.
C.
Any temporary sign so removed from public or private property shall be stored or impounded by the City until all applicable charges have been paid or until thirty (30) days have passed.
D.
If any sign remains unclaimed for a period of thirty (30) days after its removal, or if the removal and storage costs are not paid within such thirty (30) day period, the City may destroy, sell or otherwise dispose of the sign.
E.
In calculating the length of the storage period and the storage fee, the first working day after the date of the impoundment shall be considered day number one (1); thereafter all days, including weekends and holidays, shall be counted.
F.
To the extent permitted by law, the Code Enforcement Department or any duly authorized agent may enter upon private property which is accessible to the public for the purposes specified in this Article to examine signs or their location, obtain information as to the ownership of such signs and to remove or cause the removal of a sign declared to be a nuisance pursuant to this Article.
G.
If the City determines that the owner or occupant of the property upon which there is located a temporary sign in violation of this Article, or if the owner or lessee of the temporary sign in violation of this Article has had three (3) sign violations without reasonable cause, the City shall withhold issuing further sign permits to such property owner, lessee, sign owner, or sign lessee.
(Ordinance 07-15 adopted 7/9/07; Ordinance 10-039, sec. 1, adopted 10/12/10)
§ 7 NONCONFORMING SIGNS.
12.7.1
Removal of Nonconforming Sign
A.
A sign lawfully existing or under construction on the effective date of this Ordinance which does not conform to one or more of the provisions of this article may be continued in operation and maintained as a legal nonconforming sign. A nonconforming sign shall be allowed to remain until such time as:
1.
The sign is abandoned; or
2.
The property owner or tenant changes or alters the sign in any manner other than by normal maintenance to the configuration existing at the time of enactment of this article; or
3.
It is determined by the building official or his designee that the sign is a threat to health, safety, or welfare of the citizens and/or a public nuisance.
B.
A nonconforming sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source may be repaired if the sign is not abandoned, provided that the cost of repairing the sign is sixty (60) percent of the cost of erecting a new sign of the same type at the same location, or less. If the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with this article.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 8 NUISANCE SIGNS.
12.8.1
Deteriorated Signs
Pursuant to Texas Health and Safety Code, Article 342, as amended, a sign that is visible from a public place and that is dilapidated, deteriorated, unsafe, abandoned, or is a hazard to the health or safety of the public, is declared a public nuisance.
12.8.2
Offense
A person commits an offense if the person maintains an abandoned sign or a sign in dilapidated or deteriorated condition on property he owns or controls.
12.8.3
Abandoned Signs
Pursuant to Texas Health and Safety Code, Chapter 342, as amended, a sign that is abandoned and is visible from a public place is declared a public nuisance.
12.8.4
Permit Hold
A person who has refused to pay costs for removal of a nuisance sign shall not be issued further permits until the costs are paid.
12.8.5
Removal
If the Building Official shall determine that any sign is dilapidated, deteriorated, unsafe, insecure, or is a hazard to the public, he shall give written notice to the property owner, lessee, or sign erector to repair, replace or remove such sign. If the property owner, lessee, or sign erector fails to remove or repair the sign within ten days after such notice, the building official shall remove the sign at the expense of the owner of the property upon which the sign is located. The building official shall cause any sign, which is an immediate hazard to persons to be removed without notice, and the cost of same shall be paid by the property owner.
12.8.6
Storage and Impoundment
A.
Any sign which is removed by the building official pursuant to this section shall be impounded and stored. Records of where such signs are located and when removed shall be kept. The Building Official shall send a letter to the owner of such sign, if known, or, if not known, to the owner or person in control of the premises where such sign was located, giving notice of such impoundment.
B.
The Building Official shall hold the sign in storage for at least 30 days after notice of impoundment has been mailed. Any sign may be redeemed by the owner upon payment of the costs of removal of and hauling the sign to storage, as determined by the building official, plus a per-day storage fee, as established by the City Council.
12.8.7
Disposal
Any sign not reclaimed by the owner thereof within ten days of the mailing of the notice of impoundment shall be disposed of in accordance with applicable law.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 9 BOARD OF APPEAL.
The Board of Adjustment shall be empowered to vary the provisions of this Article if it appears that the provisions would work a manifest injustice, considering such factors as the sign, location, and other pertinent factors. Such decision of the Board shall not conflict with the spirit of this Article, which is one of safety, provision of adequate light, open space and air, conservation of land and building values and to encourage the most appropriate use of land.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 10 RESPONSIBILITY FOR VIOLATION.
The owner of the sign, the owner of the land or structure or the person in charge of erecting the sign or structure are all subject to the provisions of this Article and therefore subject to the penalty hereinafter provided.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 11 SIGN MESSAGE.
12.11.1
Noncommercial Message
A.
Notwithstanding any other provision of this article, any sign that may display a commercial message may also display a noncommercial message, either in place of or in addition to the commercial message, so long as the sign complies with the other requirements of this article and other City ordinances.
B.
Notwithstanding any other provisions of this article, or other ordinance, any sign that may display one type of noncommercial message may also display any other type of noncommercial message, so long as the sign complies with the other requirements of this article and other City ordinances.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)