(A) Generally. The regulations set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. For the purposes of this section, the term SIGN shall refer to both single-faced and double-faced signs, with the area of a double-faced sign calculated on the basis of only one face of the sign.
(B) Signs within SF-I, SF-2, TF, MF, MH, NS and FD Districts. Signs in these districts shall be limited to:
(1) One-and two-family dwelling units are limited to a name plate of four square feet;
(2) One attached owner-identification sign shall be permitted for each thoroughfare more than one that abuts the property;
(3) One detached owner-identification sign shall be permitted for each thoroughfare more than one that abuts the property;
(4) Detached signs shall not exceed 40 square feet in area.
(C) Signs within CB District. Signs in this district shall be subject to the following requirements:
(1) One attached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;
(2) One detached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;
(3) Detached signs shall not exceed 100 square feet in area on any one street.
(D) Signs within GR, C, LI and HI Districts. Signs in these districts shall be subject to the following requirements:
(1) One attached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property. In addition, attached signs not exceeding 30 square feet of area are permitted for the non-thoroughfare elevations. All attached signs not facing a thoroughfare shall be unlighted when adjoining residential zoning districts;
(2) One detached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;
(3) In instances where the abutting thoroughfare is a designated state or federal highway, detached signs shall not exceed 250 square feet in area on any one such street or thoroughfare;
(4) In instances where the abutting thoroughfare is not a designated state or federal highway, detached signs shall not exceed 200 square feet in area on any one such street or thoroughfare;
(5) Signs with three or more surfaces or signs with circular or spherical surfaces shall be allowed only in GR, C, LI and HI Districts. The total surface area of such signs shall not exceed 300 square feet in area.
(E) Shopping center and shopping mall signs. Signs for shopping centers and shopping malls shall be limited to:
(1) One attached sign per occupant of a shopping center or mall shall be permitted for each thoroughfare more than one that abuts the property;
(2) Only one detached sign, identifying the premises and/or the occupants therein, shall be permitted for each shopping center and/or mall. Said detached sign may be a single sign or may be a composite of several signs erected on and supported by the same structure;
(3) Single detached signs for shopping centers and/or malls shall not exceed 250 square feet in area;
(4) The aggregate gross area of composite detached signs for shopping centers and/or malls shall not exceed 300 square feet, with no single sign thereof exceeding 200 square feet in area;
(5) Detached signs for shopping centers and/or malls shall not be located closer than 25 feet to any street or thoroughfare;
(6) In shopping centers or malls containing ten acres or more, detached signs may be erected up to a maximum height of 75 feet; provided that such detached signs erected at a height greater than 50 feet must be set back from all property lines a minimum distance equal to the height of the sign.
(F) Off-premises signs. Off-premises signs other than approved billboards shall be prohibited in all zoning districts.
(G) Billboards. For the purposes of this section, any single detached off-premises sign exceeding 250 square feet in gross area and used as an outdoor display for the purpose of making known, advertising or displaying anything shall be determined to be a billboard and shall conform to the following requirements:
(1) Billboards shall be allowed only on a lot, tract, or parcel which is adjacent to and abuts right-of-way property owned by the Texas Department of Transportation along the I-30 corridor, U.S. Highway 67 and East from Industrial Road to city limits and west from North Edwards to city limits, and Bill Ratliff Freeway and which is zoned FD, C, LI, or HI. The location of such lot, tract, or parcel and the placement of such billboards shall not exceed 100 feet beyond the private property line which is adjacent to right-of-way owned by TXDOT;
(2) Billboards shall not be above 35 feet from ground level;
(3) Billboards shall not exceed 672 square feet in gross area. Billboards which exceed 336 square feet in gross area shall not be stacked or side-by-side;
(4) Billboards shall not be erected closer than 300 feet apart on the same side of the street;
(5) Billboards may not be located closer than 25 feet to any street;
(6) Billboards may not be located within 500 feet of any public park, public forest or recreational area, public playground, public school or scenic area designated as such by the city or any other governmental agency;
(7) Eighty percent of the area within cutouts or enclosed open spaces shall be included in calculating the surface area of a billboard;
(8) Billboards with a “V” shape shall be positioned with an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at their closest point;
(9) Billboards may be made of conventional advertising panels and/or electronic message centers (EMC);
(10) Billboards which are electronic message centers shall be permitted at any of the locations where existing billboards are located;
(11) Billboards which are electronic message centers shall have automatic equipment with a sensor or other approved device that automatically determines the ambient illumination and programed to automatically dim according to ambient lighting conditions, or that can be adjusted to comply with the 0.3-foot candle measurement;
(12) Billboards which are electronic message centers must maintain a difference between the off and solid message measurements using the EMC Measurement Criteria. It shall not exceed 0.3 foot candles at night;
(13) Billboards which are electronic message center must meet all of the standard adopted for such (EMCs) as adopted by the TXDOT. In the case that there may be a conflict with the city and TXDOT the regulations adopted by TXDOT shall be enforced.
(H) Temporary signs. Temporary signs shall be allowed only in the following districts; GR, C, LI, and HI; shall not be attached to buildings, fences, trees, utility poles or trash receptacles, limited to 25 square feet except where expressly permitted by one of the following sections:
(1) Temporary signs shall include but not be limited to real estate signs, development and construction signs, special promotion, event and grand opening signs, special event signs in public ways, and political signs;
(2) Temporary signs which contain or are illuminated by flashing, intermittent, or moving lights are prohibited in all zoning districts;
(3) Off premise temporary signs are prohibited;
(4) All temporary signs must be located at least ten feet from any street and must be located in the required front yard of the location and if the location has a side street in the required side yard;
(5) Real estate signs pertaining to the lease, hire, or sale of real estate shall not exceed 40 square feet in area and shall be located on the lot so advertised; provided there shall not exceed one sign on each street fronting the property;
(6) Construction signs pertaining to the construction or remodeling of a building on the premises shall not exceed 60 square feet in area and shall be located on the lot only for the duration of the construction. No more than one shall be permitted on each street fronting the property;
(7) Development signs pertaining to residential office, commercial, and industrial development shall not exceed 100 square feet in area and shall be located only within the area being developed. No more than one sign shall be permitted on each street fronting the property;
(8) Special promotion, event, and grand opening signs shall not exceed 25 square feet in area and shall be located only in the area specified in division (H)(4) above. No more than one sign shall be permitted on each street fronting the property, signs under this section are limited to use for 14 days;
(9) Special event signs in public ways shall not be prohibited in or over public ways subject to the approval of the zoning code official as to size, location, and method of erection. The Zoning Code Official shall not approve any event signage that would impair the safety and convenience of use of public right-of-ways, or obstruct traffic visibility. Signs under this section are limited to 14 days and must be removed within 72 hours after the event is complete;
(10) Requirements in this division (H) do not apply to nor are meant to conflict with the sign requirements for the Central Business District, Historical District, Shopping Center, EVMS and garage sales;
(11) All temporary signs must be kept in good repair and installed in accordance with the previous section. Failure to comply will result in the prohibited signs being removed, confiscated and disposed of by city personnel.
(I) Political signs. For the purposes of this section, any detached sign designed to promote the support of a candidate for elected office or to promote a particular viewpoint on a matter or issue to be voted upon by the public shall be determined to be a political sign and shall be subject to the following requirements:
(1) Political signs shall not exceed 40 square feet in area;
(2) Political signs shall not be located in or permitted to project into public rights-of-way and shall be located at least ten feet from any street;
(3) Political signs shall not be attached to any trees, utility poles or trash receptacles;
(4) Political signs shall not be placed, located or erected in any public park, public forest or recreational area, public playground and/or on any property owned by the city, except that on any day regular or special elections are held at the Mount Pleasant Civic Center or any other building owned by the city, political signs shall be allowed beyond the distance prescribed by the Texas Election Code on the premises surrounding the voting place from one hour prior to the start of voting to one hour after the prescribed closing time cited in the Texas Election Code. All signs must be removed one hour after the closing of the polls and shall be subject to removal under division (I)(8) of this section. Otherwise, all the requirements of this division (I) shall be in effect as to the regulation of political signs around the polling places;
(5) Political signs shall be removed within ten days after the primary, run-off or general election to which the signs pertain or after the termination of candidacy, whichever occurs first;
(6) Political signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited in all districts;
(7) Political signs which are illuminated by non-intermittent lighting shall be allowed only in the following districts: CB, GR, C, LI and HI. Political signs located in all other districts shall not be illuminated;
(8) Political signs placed, located or erected in violation of these requirements shall be subject to immediate removal, confiscation and disposal by city personnel.
(J) Garage sale signs. Signs for garage sales shall be limited to the following requirements:
(1) Only one sign shall be allowed for each garage sale, and the sign shall be located on the same property where the garage sale is located;
(2) Garage sale signs shall not be illuminated;
(3) Signs for garage sales shall not exceed 12 square feet in area;
(4) Garage sale signs shall be removed within 24 hours after the garage sale is concluded.
(K) Changeable electronic variable message sign (CEVMS). The following regulations shall apply to changeable electronic variable message signs:
(1) CEVMS shall be allowed only in GR, C, LI and HI Districts;
(2) No CEVMS shall exceed 30 square feet in area;
(3) (a) The CEVMS portion of a sign may be illuminated by incandescent lamps, LED (light emitting diodes), magnetic discs, or other sources of light. Whatever the light source, undue brightness is prohibited. For enforcing this provision, prima facie proof of undue brightness is the illumination of a portion of the sign in excess of the intensity levels specified below:
1. Day: 5,000 nits;
2. Night: 1,000 nits;
(b) To ensure compliance with this provision, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). Further, prior to the issuance of a permit for an CEVMS, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city. The burden of proof to determine whether these regulations are met throughout the life of the sign shall be at the expense of the property or sign owner where the sign is located;
(4) Any CEVMS installed prior to June 1, 2008 must also submit written certification from the sign manufacturer or other persons deemed appropriate by the city that the sign does not cause undue brightness and meets the intensity levels specified above. The owner of an electronic message center has 60 days from the adoption of this section to submit such certification to the city;
(5) A sign owner may modify existing, legal, conforming structures to a CEVMS only after filing application for a permit, meeting the regulations of this section and receiving a permit by the city;
(6) CEVMS shall comply with applicable federal and state laws and regulations;
(7) Failure to adhere to any of these provisions may result in the revocation of the CEVMS portion of the permit;
(8) Only one CEVMS is allowed per premises;
(9) The addition of any CEVMS to any nonconforming freestanding sign is prohibited.
(L) General sign requirements. These requirements shall apply to any type of sign within any district:
(1) Signs shall be located at least ten feet from any street (except signs for shopping centers and shopping malls and billboards, which shall be at least 25 feet from any street);
(2) Attached signs shall not exceed the height of the wall of the building to which they are attached;
(3) Signs shall not be located in or permitted to project into public rights-of-way;
(4) When any sign is illuminated, the light or lights shall be directed, shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property;
(5) Detached signs shall comply with the following height restrictions:
(a) The top of detached signs in SF-1, SF-2 and TF Districts shall not exceed a maximum height of ten feet;
(b) The top of detached signs in MF, MH, NS and FD Districts shall not exceed a maximum height of 35 feet;
(c) The top of detached signs in the CB District shall not exceed a maximum height of 50 feet;
(d) The top of detached signs in GR, C, LI and HI Districts shall not exceed a maximum height of 50 feet, unless such detached signs are located within 500 feet of a designated U.S. interstate highway, in which event the top of same shall not exceed a maximum height of 75 feet;
(e) In shopping centers or malls containing ten acres or more, detached signs may be erected up to a maximum height of 75 feet; provided that such detached signs erected at a height greater than 50 feet must be set back from all property lines a minimum distance equal to the height of the sign;
(f) The top of billboards shall not exceed a maximum height of 35 feet.
(6) Roof-mounted signs shall be permitted provided they comply with all applicable requirements of the city's Building Code;
(7) No sign shall be attached to any trees, utility poles or trash receptacles;
(8) Signs may not be located in such a manner as to obscure or otherwise interfere with the driver's view of approaching, merging or intersecting traffic or with the effectiveness of an official traffic sign, signal or device;
(9) All signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any sign shall be kept free and clear of weeds, debris, trash and litter;
(10) All illuminated signs shall be installed and wired in accordance with the requirements of the current National Electrical Code, as adopted by the city;
(11) No sign shall be erected or installed closer than five feet to any telecommunications or television cable, power line or street light standard;
(12) Should any sign become insecure, in danger of falling or otherwise unsafe, the Chief Building Official shall provide the owner thereof, or the person or firm maintaining same, ten days written notice to secure the sign in a manner approved by the Chief Building Official or to remove same. If action to secure and/or remove such sign is not taken within ten days of such notice, the Chief Building Official may remove such sign at the expense of the owner thereof or the person or firm maintaining same;
(13) Should the city receive an application for permit for a type of sign that is not specifically addressed in these regulations, then the permit shall be requested as a specific use permit and shall be subject to the regulations of § 155.45.
(M) Sign permits.
(1) Permits shall be required for all detached signs exceeding 25 square feet in area;
(2) All detached signs exceeding 50 square feet in area must be installed or erected by a licensed and bonded sign contractor after obtaining a sign permit from the Chief Building Official.
(N) Penalty for violation of sign regulations.
(1) Any person who violates or fails to comply with any provision of this section pertaining to sign regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine as provided in § 155.99.
(2) Each day that such violation or violations continue shall constitute a separate offense and be punishable as such.
(`87 Code, Zoning Ordinance, Art. III, § 4) (Ord. 1983-2, passed - -; Am. Ord. 1989-12, passed 9-5-89; Am. Ord. 1990-9, passed 6-5-90; Am. Ord. 2003-22, passed 11-4-03; Am. Ord. 2008-13, passed 5-20-08; Am. Ord. 2009-2, passed 2-17-09; Am. Ord. 2014-10, passed 8-4-14; Am. Ord. 2016-5, passed 8-2-16; Am. Ord. 2017-9, passed 9-19-17) Penalty, see § 155.99