Sherman City Zoning Code
ARTICLE 14
07 SIGNS
§ 14.07.001 Purpose.
The purpose of this article is to promote health, safety, comfort, convenience and general welfare of the city and its citizens; to allow growth which conforms to a comprehensive plan of the city; to provide uniform sign standards which promote a positive city image reflecting order, harmony and pride and thereby strengthening the economic stability of the city's business, cultural and residential areas. Objectives to be pursued in applying specific standards are as follows:
(1)
To identify individual business, residential, and public uses without creating confusion, unsightliness, or visual obscurity of adjacent businesses.
(2)
To assure that all signs in terms of size, height, and location are properly related to the overall adjacent land use.
(3)
To assure that off-premises advertising is compatible with adjacent land uses.
(Ordinance 6555 adopted 12/5/2022)
§ 14.07.002 General provisions.
(a)
All signs shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises, except for billboards, auxiliary, governmental or community service signs as provided.
(b)
All signs, where applicable, shall meet the standards of the city building code.
(c)
Except as herein provided, no person or firm, acting either as principal or agent, shall erect any sign or sign structure until a sign permit for such work has been issued by the development services director to a bonded contractor or the owner or occupant of the premises where the work is to be done. No permit shall be required for nonilluminated signs otherwise permitted in section 14.07.007(1), section 14.07.007(2), section 14.07.010, or section 14.07.011.
(d)
Not more than two sides of a sign structure may be used for display except pylon signs especially designed for more than two side viewing.
(e)
No sign, sign structure, or sign support shall project over any property line, except that a sign placed flat against the wall of a building, which is on the property line may project eighteen (18) inches over the public property line.
(f)
Trees, rocks, bridges, fences, windmill towers and dilapidated buildings shall not be used as sign supports.
(g)
All business locations shall be identified by a street address sign which is clearly visible from the street.
(h)
Signs with flashing, blinking or traveling lights shall have lightbulbs which do not exceed sixty (60) watts each. Such lightbulbs shall be frosted.
(i)
In the event that more than one sign-related definition applies to a nonprohibited proposed sign, resulting in conflicting regulations thereon, the sign applicant may choose the definition that is to apply, with qualification that any regulations related to that definition must be adopted. Where the proposed sign is of a type that is prohibited, it shall remain prohibited notwithstanding that it may also come within the definition of an approved type of sign.
(j)
Digital/LED signs shall have a maximum transition time between messages of two (2) seconds. The minimum duration of the message display shall be eight (8) seconds. Brightness shall be no more than 0.3 footcandles over ambient light. Automatic dimming is required. The brightness measurement shall be taken utilizing a footcandle meter at 200' measured perpendicular to the face of the digital sign.
(k)
No off-premises advertising is allowed.
(Ordinance 6555 adopted 12/5/2022)
§ 14.07.003 Prohibited signs.
Except as otherwise expressly allowed by this chapter, the following signs and conditions are prohibited:
(1)
The construction, placement, existence or use of signs of the following nature are prohibited:
(A)
"A" frame signs.
(B)
Abandoned sign.
(C)
Audible sign.
(D)
Banner sign.
(E)
Billboard.
(F)
Cloud buster balloon and air devices.
(G)
Feather flag.
(H)
Merchandise display.
(I)
Moving sign.
(J)
Neglected sign.
(K)
Off-location or off-premises sign.
(L)
Outdoor advertising sign.
(M)
Pennant signs.
(N)
Prohibited signs:
i.
Any sign not referenced in or governed by this chapter;
ii.
Any sign erected or installed without the issuance of a permit, either prior to or after the adoption of this chapter (if a permit was required);
iii.
Any sign that emits odor or visible matter;
iv.
Any changeable electronic variable message sign (CEVMS) or light emitting diode (LED) billboards located, relocated or upgraded along a regulated highway;
v.
Any sign erected or installed in or over a public right-of-way or access easement, unless permitted within this chapter, or as allowed in the central business district overlay;
vi.
Any sign placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic-control device by vehicular or pedestrian traffic. No sign shall be erected which, by reason of shape, color, size, design, or position, would be reasonably likely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right-of-way.
vii.
Any sign that does not comply with this or other applicable municipal ordinances, or those which do not comply with federal or state laws;
viii.
Any sign supported by a tree, rock, bridge, rails or public utility pole;
ix.
Any sign supported by a fence, except for temporary construction fence signs governed by this chapter; or
x.
Any sign not allowed or defined by this chapter.
(O)
Revolving sign.
(P)
Roof sign.
(Q)
Searchlight.
(R)
Temporary nuisance signs.
(S)
Vacant building sign.
(T)
Wind driven signs.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6744 adopted 6/17/2024)
§ 14.07.004 Abandoned or damaged signs.
(a)
All abandoned signs and their supports shall be removed within ninety (90) days from the date of abandonment. All damaged signs shall be repaired or removed within ninety (90) days. The zoning officer shall have the authority to grant a time extension not exceeding an additional ninety (90) days from an abandoned, non-damaged sign.
(b)
All advertising signs shall be removed within ninety (90) days of closing or moving of a business. Faces of signs may be painted or blanked in lieu of removal.
(c)
Should the responsible party or parties, after due notice, fail to correct a violation of this section, the development services director shall cause such signs and their supports to be demolished and removed.
(Ordinance 6555 adopted 12/5/2022)
§ 14.07.005 Parking of advertising vehicles.
No person shall park an advertising vehicle or trailer on a public right-of-way, on public property or on private property so as to be visible from a public right-of-way.
(Ordinance 6555 adopted 12/5/2022)
§ 14.07.006 Nonconforming sign abatement.
Signs legally existing prior June 17, 2024 that were in compliance with the then-current ordinance and not in compliance herewith shall be regarded as nonconforming signs subject to the regulations in this section.
(1)
Nonconforming signs.
(A)
A nonconforming sign may not be:
(i)
Changed to another nonconforming sign;
(ii)
Structurally altered so as to prolong the life of the sign;
(iii)
Expanded to increase the size;
(iv)
Changed to use a different method or technology to convey a message;
(v)
Re-established after its removal for a period of more than 30 calendar days;
(vi)
Moved in whole or in part to any other location on the same or any other premises unless every portion of such sign is made to conform to all of the regulations of this chapter;
(vii)
Re-established after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of its fair market value prior to the time of destruction;
(viii)
Maintained if the sign has fallen to the ground; or
(ix)
Maintained if the sign leans such that the angle between the sign and the ground is 70 degrees or less.
(2)
Maintenance.
A nonconforming sign may be maintained as follows:
(A)
Maintenance operations may be performed on the sign. For purposes of this section, "maintenance operations" means the process of keeping a sign in good repair. Maintenance operations include:
(i)
Cleaning;
(ii)
Painting;
(iii)
Repair of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all repairs performed during any consecutive 365 calendar day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location; and
(iv)
Replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive 365 calendar day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location. The 365 calendar day period limitation shall not apply to a sign that has been blown down or otherwise destroyed as described in subsection (1) above. Examples of actions that are not maintenance operations and are therefore prohibited include, without limitation:
a.
Converting a sign from a multiple pole structure to a monopole structure;
b.
Replacing wooden components with metal components;
c.
Increasing the area or height of a sign;
d.
Adding illumination to a nonilluminated sign;
e.
Adding additional display faces;
f.
Converting a sign to utilize animated display or moveable copy technology, including but not limited to signs featuring Tri-Vision technology; and
g.
Updating the technology in an already existing animated display or moveable copy signs. If a sign is dismantled for any purpose other than an alteration or maintenance operation permitted hereunder, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with this chapter and all other applicable ordinances.
(B)
Ordinary repairs and maintenance, including the removing and replacing of the outer panels are permitted, provided that the panels are replaced with identical panels and that no structural alterations or other work which extends the normal life of the nonconforming sign shall be permitted.
(C)
Single panels on multi-panel monument signs for multi-tenant shopping centers may be changed to reflect tenant changes.
(D)
Notwithstanding any other provision of this chapter, any sign that is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land if the sign is required to be removed from its present location because the property on which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain or because such removal is necessary to accommodate a city capital improvement project, provided, however, such relocated sign shall be placed to comply with all setbacks and other locational requirements as set forth in this chapter.
(E)
Change to a conforming sign: A nonconforming sign may be altered to become or be replaced with a conforming sign by right. Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be re-established.
(F)
If there is no sign in place on a sign structure or building wall for six consecutive months, the nonconforming rights are lost and a nonconforming sign may not be re-established. If the sign structure is unused for less than six consecutive months, a nonconforming sign may be re-established.
(3)
Nonconforming sign registration and amortization.
(A)
Registration.
The operator and/or owner of any nonconforming sign shall register such nonconforming sign and obtain from the city manager a certificate of nonconforming rights within 12 months after the sign becomes nonconforming or 12 months after the date of publication of the June 17, 2024 version of this chapter, whichever occurs later. If a sign qualifies as a nonconforming sign and the operator and/or owner registers the sign with the city, the city manager shall issue a certificate of nonconforming rights. Failure to obtain this certificate of nonconforming rights within the requisite time shall terminate the sign's status as a nonconforming sign and such sign shall be considered an illegal sign.
(B)
Amortization.
Any nonconforming sign may be amortized and removed by the city in accordance with applicable law.
(4)
Any signs and their supports in violation of section 14.07.003 are hereby deemed to be in trespass on city rights-of-way, city easements, or other city-owned property and shall be immediately removed by the owner or his agent. If the owner fails to remove such signs, the owner shall be in violation of this chapter and may be cited as such. The city is entitled to have or cause the signs and supports to be removed.
(5)
With the exception of signs made of paper or cardboard and their supports which may be disposed of immediately, removed signs and supports shall be stored a period not to exceed 14 days beginning the first day of effective notice, whether actual or constructive. A storage charge of $5.00 per day will be levied beginning the fourth day of that 14 day period. Before the expiration of the storage period, the owner of the sign and supports may reclaim his property upon payment of any storage charges and the cost of removal. If said sign and support have not been reclaimed by the expiration of the storage period, they may be disposed of in the manner hereafter provided. If the sign and supports are not capable of being sold, they may be discarded, but if sold, the proceeds therefrom shall be first applied to the storage charge and removal charge, then to the general fund of the city.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6744 adopted 6/17/2024)
§ 14.07.007 Single-family residential signs.
The following signs shall be permitted in single-family residential zoning districts:
(1)
One (1) sign not exceeding one and one-half (1-1/2) square feet in area, indicating only the name and address of the occupant, for each residential unit.
(2)
Temporary signs.
(A)
A property owner or lessee may place one non-illuminated temporary sign with a sign face no larger than six (6) square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(B)
Undeveloped real estate signs. A property owner or lessee may place one non-illuminated temporary sign per right-of-way frontage with a sign face no larger than 32 square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(C)
Such signs shall not require a sign permit.
(3)
Subdivision development entrance signs.
(A)
Subdivision development signs are permitted at the entrance of the development that are bisected by one or more publicly dedicated streets. They may be freestanding or constructed on a masonry perimeter fence.
(B)
The maximum sign area shall be 32 square feet per side. The calculation of the sign area shall only include the area with characters, letters, and illustrations.
(C)
The maximum height of the sign structure shall not exceed six (6) feet. Architectural columns shall not exceed eight (8) feet in height and not to exceed ten (10) percent of the length of the sign structure.
(D)
Signs may be located on a platted lot at each corner of the intersection of an entrance street or within the median of an entrance street. Signs located within the median shall be reviewed and approved by the city engineer prior to permit issuance and construction.
(E)
Subdivision development entrance signs shall be constructed of a landscaped, stone-base feature.
(F)
Development entrance signs shall not obstruct the view of turning traffic.
(G)
Approval of a sign encroachment agreement is required before a development entrance sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(H)
Signs shall be back lighted, indirect lighted, internal lighted or lighted by spots. No digital/LED signs are permitted.
(I)
Such signs shall require a sign permit.
(4)
Educational and institutional signs in single-family residential zoning districts.
(A)
Institutional and educational uses permitted in single-family zoning districts are allowed one freestanding sign per right-of-way frontage.
(B)
The maximum sign area shall be 32 square feet per side and shall not exceed eight (8) feet in height.
(C)
Wall signs are permitted subject to section 14.07.009(a).
(D)
Minimum setback for signs shall be five (5) feet from the property line. Signs shall not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the city engineer, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(E)
Approval of a sign encroachment agreement is required before a sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(F)
Such signs shall require a sign permit.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6712 adopted 4/15/2024)
§ 14.07.008 Multifamily residential signs.
The following signs shall be permitted in the multifamily residential zoning districts:
(1)
Wall signs.
(A)
The maximum area of any wall sign shall be 150 square feet. In no case shall a wall sign exceed 10% of any single wall.
(B)
Informational type signs, each not exceeding ten (10) square feet in area per building.
(C)
All signs shall be placed flat against the wall of a building and shall not project above the parapet wall or side wall of the building.
(D)
All signs, except for the informational signs, shall identify the development by name and address only. Signs may be back lighted, indirect lighted, internal lighted or lighted by spots.
(E)
A sign permit is required for wall signs exceeding 32 square feet in sign area.
(2)
Temporary signs.
(A)
A property owner or lessee may place one non-illuminated temporary sign with a sign face no larger than six (6) square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(B)
Undeveloped real estate signs. A property owner or lessee may place one non-illuminated temporary sign per right-of-way frontage with a sign face no larger than 32 square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(C)
Such signs shall not require a sign permit.
(3)
Multifamily development entrance signs.
(A)
Multifamily development signs are permitted at each entrance of the development. They may be freestanding or constructed on a masonry perimeter fence.
(B)
The maximum size area shall be 32 square feet per side. The calculation of the sign area shall only include the area with characters, letters, and illustrations.
(C)
The maximum height of the sign structure shall not exceed six (6) feet.
(D)
Freestanding signs shall be setback a minimum of five (5) feet from the property line.
(E)
Multifamily development entrance signs shall be constructed of a landscaped, stone-base feature, or compatible with the design materials and colors of the building(s) on the site as approved by the development services director.
(F)
Development entrance signs shall not obstruct the view of turning traffic.
(G)
Approval of a sign encroachment agreement is required before a development entrance sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(H)
Signs shall be back lighted, indirect lighted, internal lighted or lighted by spots. No digital/LED signs are permitted.
(I)
Such signs shall require a sign permit.
(4)
Educational and institutional signs in multifamily residential zoning districts.
(A)
Institutional and educational uses permitted in multifamily zoning districts are allowed one freestanding sign per right-of-way frontage.
(B)
The maximum sign area shall be 32 square feet per side and shall not exceed eight (8) feet in height.
(C)
Wall signs are permitted subject to the regulations section 14.07.009(a).
(D)
Minimum setback for signs shall be five (5) feet from the property line. Signs shall not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the city engineer, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(E)
Approval of a sign encroachment agreement is required before a sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(F)
Such signs shall require a sign permit.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6712 adopted 4/15/2024)
§ 14.07.009 Nonresidential signs.
The following signs shall be permitted in the Non-Residential Zoning Districts:
(2)
Temporary signs.
(A)
A property owner or lessee may place one non-illuminated temporary sign with a sign face no larger than six (6) square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(B)
Undeveloped real estate signs.
A property owner or lessee may place one nonilluminated temporary sign per right-of-way frontage with a sign face no larger than 32 square feet and said sign may be located on property with owner consent when the property is for sale or lease or if an individual unit or units is for sale or lease.
(C)
Such signs shall not require a sign permit.
(3)
Freestanding signs.
Only one freestanding sign is permitted per platted lot, with the exception of corner lots. Corner lots are permitted to have no more than two signs. The two permitted signs shall not be located on the same lot line.
(A)
Pole or pylon signs.
(i)
Only one pole or pylon sign is permitted per platted lot only at locations fronting a highway or a major arterial as designated on the thoroughfare plan map.
(ii)
Height.
Sign height shall not exceed fifty (50) feet. Height is measured from the grade of the fronting street.
(iii)
Area.
The area of a sign shall not exceed 300 square feet.
(iv)
Minimum setback.
The setback of the sign shall be 25 feet measured from the closest edge of the sign to the property line.
(B)
Monument signs.
(i)
Only one monument sign is permitted per platted lot on any non-residential zoned property, with the exception of corner lots. Corner lots are permitted to have two signs. The two permitted signs shall not be located on the same lot line.
(ii)
Monument signs shall include a landscaped, stone-based feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site.
(iii)
Signs may have a maximum 65 square foot sign area and shall not exceed ten (10) feet in height. Height is measured from the grade of the fronting street.
(iv)
Minimum setback for signs shall be ten (10) feet from the property line. Monument signs shall not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the city engineer, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(v)
Approval of a sign encroachment agreement is required before a freestanding sign may be constructed within any easements. Only signs with a slab or approved spread footing foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(4)
Nonconforming signs.
Where a lawful sign exists at the effective date of adoption or amendment of this article that could not be erected under the terms of this section, as amended, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
(5)
Non-residential development entrance signs.
(A)
Non-residential development signs are freestanding signs that are permitted at the entrance of the development that are bisected by one or more publicly dedicated streets.
(B)
The maximum size shall be 32 square feet per sign with a maximum height of six (6) feet.
(C)
Signs may be located on a platted lot at each corner of the intersection of an entrance street or within the median of an entrance street. Signs located within the median shall be reviewed and approved by the city engineer prior to permit issuance and construction.
(D)
Non-residential development signs shall be constructed of a landscaped, stone-base feature.
(E)
Development entrance signs shall not obstruct the view of turning traffic.
(F)
Approval of a sign encroachment agreement is required before a development entrance sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.
(G)
Signs shall be back lighted, indirect lighted, internal lighted or lighted by spots. No digital/LED signs are permitted.
(H)
Such signs shall require a sign permit.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6712 adopted 4/15/2024)
§ 14.07.010 Governmental signs.
Governmental signs not exceeding thirty-two (32) square feet in area and not exceeding eight (8) feet in height, shall be permitted. Such standards shall not apply where state or federal regulations are in conflict with these standards.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6712 adopted 4/15/2024)
§ 14.07.011 Community service signs.
Any community service signs for seasonal celebration shall have no size limitation if placed in or on windows. Any community service signs, not of a seasonal celebration nature, shall be placed in or on windows and shall have a combined area not exceeding ten (10) percent of the area of all the windows on the same wall. Such sign area shall not be counted against permitted wall sign area.
(Ordinance 6555 adopted 12/5/2022)
§ 14.07.012 Billboards.
All new billboard signs are prohibited. Billboards that were legally existing prior to June 17, 2024 may remain subject to section 14.07.006.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6744 adopted 6/17/2024)
§ 14.07.013 (Reserved)
Editor's note–Former section 14.07.013 pertaining to wall signs and deriving from Ordinance 6555 adopted 12/5/2022, was repealed by Ordinance 6712 adopted 4/15/2024.
§ 14.07.014 Political signs.
(a)
It is the intent of this section to provide minimum regulations regarding the posting, maintenance and removal of political signs. Political signs are permitted in all zoning districts, subject to the restrictive provisions of this section. Although political signs are temporary signs, temporary sign permits do not have to be obtained. The provisions of this section do not apply to billboards which are subject to section 14.07.012 or to political signs inside of a building, even if visible outside the building.
(b)
For the limited purposes of this section, a political sign is a temporary sign announcing, supporting or opposing a candidate or issue in connection with any national, state or local election.
(c)
Political signs are prohibited on all public property (real and personal), which shall include, but not be limited to, public right-of-way, buildings, fences surrounding public property, sidewalks, crosswalks, curbs, curbstones, fences, walls, playground equipment and/or facilities, street lamp posts, traffic light poles, guy lines, horizontal struts, city barricades, hydrants, trees, shrubs, tree stakes or guards, railroad trestles, poles for electric light or power or telephone or telegraph or trolley wire or upon any fixture of the fire alarm or police telegraph system, bridges, drinking fountains, street signs or traffic signs, planter strips and in city facilities such as parks, city hall, library, fire stations and corporation yards.
(d)
Political signs may be placed on private property with the consent of the property owner (or person entitled to possession) or their authorized agent, subject to the following:
(1)
Political signs shall not be placed in a manner that creates a hazardous condition to or obstructs either vehicular or pedestrian traffic or obstructs or restricts safe visibility of a vehicle driver or pedestrian.
(2)
Political signs located on corner lots at street intersections shall not be over three (3) feet high if located within fifteen (15) feet from the lot corner at the street intersection and extending fifteen (15) feet in all directions, except if placed upon the signage portion of a lawful billboard or lawful business sign.
(3)
Except for lawful billboards and the political signs described in subsection (2) hereinabove, no political sign shall exceed a total of thirty-six (36) square feet, be more than eight (8) feet in height, be illuminated, or have any moving elements.
(4)
Political signs shall be removed within ten (10) days after the election. In the event that the election is a primary election, or similar preliminary election, the successful candidates for the later election, including a run-off election, may leave their signs in place to be removed within ten (10) days after the general or run-off election.
(5)
Should a political sign be erected in a manner or location in violation of this chapter or exceed the size limitations or be permitted to remain longer than the time period provided for herein, the city may, either at the expense of the advertised candidate or at the expense of the property owner, or both, immediately cause such signs to be removed. If a candidate is to be charged a removal fee, the city shall provide the candidate three (3) days prior notice before removal by the city.
(Ordinance 6555 adopted 12/5/2022)