It is the purpose of this section to establish regulations for on-premise and off-premise outdoor advertising.
San Benito City Zoning Code
SECTION 10
SIGN REGULATIONS*
§ 10.01 Definitions.
A.
Off-Premises Outdoor Advertising
means any outdoor signs, display, figure, painting, drawing, message, billboard, or any other thing which is designed, intended, or used to advertise or inform, any part of which advertising or information content is visible from any place on the main traveled way of the Expressway or any thoroughfare in the City; but does not include on-premise signs advertising or identifying activities conducted on or products sold on the property upon which they are located.
B.
Expressway
means that portion of U.S. Highways 77/83 located within the City of San Benito.
C.
Thoroughfare
means any street, road, expressway, freeway, or highway located within the City of San Benito.
D.
Sign
means all portions of an outdoor advertising structures, including structure, [sic] including structural elements, bases, sign, faces, trim and borders.
E.
Sign face
means that portion of a sign, including the display area, border and trim, but excluding the base, supports, and other structural members, facing traffic moving in one direction and built on one structure.
F.
Back-to-Back Sign
means a structure with two parallel sign faces oriented in opposite directions, or two structures, each with one sign face and located not more than ten (10) feet from an obstruction preventing both structures from being seen at the same time from any point along the traveled way.
G.
V-type Sign
means a structure or structures with two or three sign faces, forming the shape of the letter "V" or a triangle when viewed from above, with an angle between any two (2) faces of not more than ninety (90) degrees.
(Ordinance 2252 adopted 7/1/14)
§ 10.02 On-Premise Signs.
A.
Location of Signs:
Signs shall be permissible if located on private property and in conformance with the provisions of this Section [and] shall be permitted in the zones as set forth in the Zoning Ordinance.
B.
Size of Signs:
The maximum area of a sign face shall be One Hundred Twenty-Eight square feet (128 sq. ft.), excluding cutouts, uprights, trim and apron. An off-premise sign shall not have a cutout area larger than twenty (20%) percent of the sign's surface copy area. For signs of a double-faced, back-to-back, or V-type nature, each face is considered a separate sign in computing the face area.
C.
Height of Signs:
There shall be a maximum height restriction of eighty (80) feet for an on-premise sign along Expressway 77/83 Frontage and fifty (50) feet within all other areas within the city limits of San Benito where signs are permitted by zoning district. The measurement shall be from the ground at the base of the sign supports or from the grade of the thoroughfare immediately adjacent to the highest point of the sign, whichever is of greater height. The minimum height restriction shall be as follows:
Face Area of Sign | Minimum Height of Sign |
|---|---|
Less than 30 square feet | No Minimum |
30 square feet - 73 square feet | 10 feet |
73 square feet - 100 square feet | 15 feet |
100 square feet - 300 square feet | 25 feet |
301 square feet - 672 square feet | 30 feet |
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 3, adopted 7/1/14)
§ 10.03 Off-Premise Signs.
A.
Location of Signs:
Signs shall be permissible if located on private property and in conformance with the provisions of this Section [and] shall be permitted in the zones as set forth in the Zoning Ordinance.
B.
Size of Signs:
The maximum area of a sign face shall be six hundred seventy-two (672) square feet, excluding cutouts, uprights, trim and apron. An off-premise sign shall not have a cutout area larger than twenty (20%) percent of the sign's surface copy area. For signs of a double-faced, back-to-back, or V-type nature, each face is considered a separate sign in computing the face area.
C.
Spacing of Signs:
Property fronting thoroughfares and all properties zoned commercial shall be subject to the following:
1.
For the purpose of this regulating [regulation], each side of the thoroughfare shall be considered separately.
2.
V-type or back-to-back signs shall be considered one (1) sign.
3.
An off-premise sign having a face area of 301 square feet or more shall not be erected within 3,000 feet of another off-premises.
4.
An off-premises sign having a face area of at least 100 but less than 301 square feet shall not be erected within 1,000 feet of another off-premise.
5.
An off-premise sign having a face area of less than 100 square feet shall not be erected within 150 feet of another off-premise sign.
6.
Signs located at the same intersection are not in violation of this section because of their proximity to one another if they are located so that their messages are directed toward traffic flowing in different directions.
7.
No sign shall be located in such a manner as to obstruct, or otherwise physically interfere with the effectiveness of, an official traffic sign, signal or device, or obstruct or physically interfere with a driver's view of approaching or intersecting traffic.
8.
No Advertising signs permitted on Home Occupation.
D.
Height of Signs:
There shall be a maximum height restriction of eighty (80) feet for off-premise signs along Expressway 77/83 Frontage and fifty (50) feet within all other areas within the city limits of San Benito where signs are permitted by zoning district. The measurement shall be from the ground at the base of the sign supports or from the grade of the thoroughfare immediately adjacent to the highest point of the sign, whichever is of greater height. The minimum height restriction shall be as follows:
Face Area of Sign | Minimum Height of Sign |
|---|---|
Less than 30 square feet | No Minimum |
30 square feet - 73 square feet | 10 feet |
73 square feet - 100 square feet | 15 feet |
100 square feet - 300 square feet | 25 feet |
301 square feet - 672 square feet | 30 feet |
E.
Lighting:
Signs may be illuminated, subject to the following restrictions.
1.
No revolving or rotating beam or beacon of light that simulates any emergency light device shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign. Illuminated signs which indicate customary public information, such as time, date, temperature or other similar information, shall be permitted.
2.
External lighting, such as floodlight, thin line, or gooseneck reflectors, are permitted, provided the light source is directed toward the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the traveled way.
3.
The illumination of any sign within two hundred (200) feet of a residential zone lot line shall be diffused or indirect in design to prevent direct rays of light from shining into adjoining residential districts.
F.
Prohibited Off-Premises Signs:
It shall be unlawful for any person or corporation to knowingly or intentionally place or maintain an off-premise sign:
1.
That is obsolete or does not meet construction standards, such as out-of-date political billboards, signs advertising defunct businesses and signs which were erected without a building permit.
2.
Which is not clean and in good repair.
3.
Which is illegal under state law or regulations.
4.
That is not securely fixed on a substantial structure.
5.
That attempts or appears to regulate, warn, or direct the movement of traffic or which interferes with, imitates, or resembles any official traffic sign, signal or device.
6.
That is erected or maintained upon trees or utility poles, or that is painted or drawn upon rocks or other natural features.
7.
That is damaged or destroyed to an extent of more than 60% of fair market value as determined by the Building Inspector.
8.
That prevents free ingress or egress from any doors, window, or fire escape or that is attached to a standpipe or fire escape.
(Ordinance 2252 adopted 7/1/14)
§ 10.04 Construction Standards and Permits.
A.
All signs shall be constructed in accordance with the Building Code of the City of San Benito. All non-exempted permanent off-premise signs, however, shall have a metal frame, metal legs, and be set a minimum of three (3) feet in the ground.
B.
A person shall not erect a sign without first having obtained a permit from the City. To obtain a permit, an applicant must submit a site plan of the proposed sign which shall include the construction specifications, dimensions and location of the sign as well as the distances between the proposed sign and the closest sign(s) on the same side of the roadway. A permit is issued under this section is valid for six (6) months.
(Ordinance 2252 adopted 7/1/14)
§ 10.05 Nonconforming Signs.
Any sign legally erected prior to the effective date of this ordinance, not complying with the provisions of this ordinance, may continue in existence, except as provided in Paragraph 7 [sic].
(Ordinance 2252 adopted 7/1/14)
§ 10.06 Signs in Public Places.
A.
No person shall paint, mark or write on, or post or otherwise affix, any handbill or sign to or upon any sidewalk, crosswalk, street median, curb, curbstone, street lamp post, hydrant, tree[,] shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telecommunications wire pole, or wire appurtenance thereof or upon any lighting system, public bridge, street sign or traffic sign or signal constituting public property.
B.
Any handbill or sign found painted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the Police Department or the Department of Public Works. The person responsible for any such illegal painting shall be liable for the cost incurred in the removed [removal] thereof. The Department of Public Works is authorized to effect the collection of such cost.
C.
Nothing in this section shall apply to the installation of a plaque or plate or individual letters or figures in a sidewalk commemorating a historical, cultural, or artistic event, location or personality for which the Zoning Board of Adjustment has granted approval.
(Ordinance 2252 adopted 7/1/14)
§ 10.07 Painted Signs.
Signs painted on the side of buildings will not require a building permit, but will be counted toward overall square footage of signs allowable (off-premise painted signs will require a permit).
(Ordinance 2252 adopted 7/1/14)
§ 10.08 Temporary Signs.
Temporary signs shall be prohibited except for short periods of time not to exceed fourteen (14) consecutive days, and not more than four times per calendar year. (Nonprofit, civic, religious or charitable organizations will be exempt from this provision.)
Real Estate Signs are a special category of temporary sign and will be exempt from permitting if less than 32 square feet. These temporary signs may be in place until such time the real property is no longer offered for sale or lease.
Construction Signs are a special category of temporary signs used to promote the contractor, bank or other business/service involved or responsible for construction taking place on the premise and are allowable until such time as construction is complete and the building is occupied by tenant or user. Such businesses/ services include, but are not limited to, landscaping, financing, and subcontractors of all types.
Political Signs are a special category of temporary signs whose regulations are specified under a separate section above.
(Ordinance 2252 adopted 7/1/14)
§ 10.09 Secured Portable Signs.
These signs (usually lighted arrow signs or black signs with neon letters) will not be treated as temporary signs and will be allowable as permanent signs only if they are secured into the ground with 3' rebar stakes. Any signs intended to be permanent, but not securely fixed upon passage of this ordinance will have thirty days to be secured in this manner. If electrical connections s [are] allowed on these signs, the customer must have the proper electrical receptacles in place to allow safe lighting of the sign and avoid loose or accessible connections, extension cords, etc. If proper electrical receptacles are not available upon sign delivery, the electrical connectors within the sign must be disabled by the sign company to ensure safe use by customer.
(Ordinance 2252 adopted 7/1/14)
§ 10.10 Exemptions.
1.
A sign erected, maintained, and of which is allowed under the highway beautification provisions contained in Article IV, Texas Litter Abatement Act (Article 4477-9a, Vernon's Texas Civil Statutes);
2.
A sign in existence prior to the effective date of this ordinance.
3.
A directional or other official sign authorized by law, including a sign pertaining to natural wonders or scenic or historic attractions.
4.
A sign or marker giving information about the location of underground electrical transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers or water lines.
(Ordinance 2252 adopted 7/1/14)
§ 10.11 Variances and General Penalty.
A.
To provide reasonable flexibility in these regulations, the Zoning Board of Adjustments may approve an application for a sign which does not conform with the provisions of this Section, if the location, size and other characteristics of the sign would not be inconsistent with the character of the area in which it is to be located.
B.
Any person violating any of the provisions of this ordinance shall, upon a conviction, be fined any sum not exceeding the amount allowed for a Class C misdemeanor; and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to said penalty provided for, the City shall have the right to bring suit in such court or courts having jurisdiction hereof and obtain such remedies as may be available at law.
(Ordinance 2252 adopted 7/1/14)