§ 150.04 GROUND SIGN AND BILLBOARD REGULATIONS.
   (A)   Purpose. The city recognizes the safety, commercial, emergency, and informational needs for signs. This section has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the city, including its ETJ. Additionally, this section is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the city.
   (B)   Applicability. All signs shall be erected, displayed, altered, or reconstructed in conformity with this section. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
      (1)   Other laws. The provisions of this section shall not be deemed to nullify any others provisions of federal or state law.
      (2)   Partial invalidity. In the event any part or provision of this section is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
      (3)   Existing signs. All signs legally existing on or before June 6, 2013, shall be permitted to continue without change.
   (C)   Administration.
      (1)   (a)   General. The Community Development Services Department is hereby authorized and directed to enforce the provisions of this section and other laws and ordinances, applicable thereto. The Community Development Services Department shall have the authority to render interpretations of this section and other laws and ordinances applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this section and shall not have the effect of waiving requirements specifically provided for herein.
         (b)   Applications. The Community Development Services Department shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alterations, and repair of ail signs within the city and its ETJ.
      (2)   Inspection. The Community Development Services Department shall make all inspections necessary to ensure compliance with all state and local requirements governing signage.
      (3)   Notices and orders. The Community Development Services Department shall issue all necessary citations, notices or orders to ensure compliance with this section.
      (4)   Right of entry. Where it is necessary to make an inspection to enforce the provisions of this section, or where the Community Development Services Department has reasonable cause to believe that there exists, in a structure or upon a premises, a condition which is contrary to or in violation of this section, the Community Development Services Department is authorized to enter premises at reasonable times to inspect or to perform the duties imposed by this section, provided that if such premises are occupied, that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the Community Development Services Department shall first make a reasonable effort to locate the owner, or other person having charge or control of the premises, and request entry. If entry is refused, the Community Development Services Department shall have recourse to the remedies provided by law to secure entry.
      (5)   Department records. The Community Development Services Department shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices, and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records.
      (6)   Liability. The Community Development Services Department, or other city employees charged with the enforcement of this section, while acting for the city in good faith and without malice in the discharge of the duties required by this ordinance or other pertinent laws or ordinances, shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by a legal representative of the city until the final termination of the proceedings. No city official shall be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this section.
   (D)   General requirements.
      (1)   Permit required.
         (a)   No person shall erect, alter or display any sign, nor shall any person allow the erection, alteration, or display of any sign upon any property within the city or its ETJ owned or controlled by them without first obtaining a sign permit to do so from the Community Development Services Department except as hereinafter provided. No sign permit shall be released by the Community Development Services Department until after the building permit for the principal building on the site has been issued.
         (b)   Electrical permit required. No person shall install and connect electrical systems for a sign within the city or its ETJ without first obtaining an electrical permit to do so from the Community Development Services Department, except as hereinafter provided. The Community Development Services Department, shall not issue an electrical permit for a sign until after the principal sign permit for such work has been issued.
      (2)   Application. The following information shall be required for each application for a permit:
         (a)   A completed building permit application obtained from the Community Development Services Department;
         (b)   A site plan which includes:
            1.   Location of all building, structures, or tracts to which or upon which the sign is to be attached or erected.
            2.   Position of the sign in relation to right-of-way, easements, buildings, or structures and other existing signs.
      (3)   Fees. All fees for a sign permit shall be in accordance with the current fee schedule.
         (a)   A permit shall not be valid until such fee has been paid. An amendment to a permit shall not be released until the additional fees, if any, have been paid.
         (b)   Where work for which a permit is required by this section has been started prior to obtaining a permit, the fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) from any other penalties prescribed by any other law or ordinance applicable thereto.
      (4)   Action on application. The Community Development Services Department shall examine or cause to be examined applications for permits and amendments thereto within 15 business days after a complete application is filed. If the application or the construction documents do not conform to the requirements of this section and other pertinent laws or ordinances, the Community Development Services Department will not issue a permit. If the Department is satisfied that the proposed work conforms to the requirements of this section and other laws and ordinances applicable thereto, the Community Development Services Department shall issue a permit therefore as soon as practical.
      (5)   Time limitation of application. An application for a permit for any proposed work for which a permit has not been issued shall be deemed abandoned six months after the date of filing. The Community Development Services Department may, at its discretion, grant one extension for additional time not exceeding 90 days. The extension shall be requested in writing and justifiable cause demonstrated. Permits issued under this section are non-transferable from one person to another.
      (6)   Condition of permit. A permit issued under this section shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this section or other law or ordinances applicable thereto; nor shall issuance of a permit prevent the Community Development Services Department from thereafter requiring corrections of errors in plans, construction, or removing violations of this section or other laws or ordinances applicable thereto. Every permit issued shall become invalid one year after its issuance if the work is not completed unless otherwise stated in this section.
      (7)   Suspension or revocation. The Community Development Services Department is authorized to suspend or revoke a permit issued under this section whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this section or any other laws or ordinances applicable thereto.
      (8)   Public rights-of-way, alleys and easements. A permit shall not be given by the Community Development Services Department for the placement of a sign that will project over any public right-of-way, alley or utility or drainage easement.
      (9)   Placement of permit. The permit or copy thereof shall be kept on the site until the work permitted is completed.
      (10)   Appeal. An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to Community Development Services Supervisor or the City Engineer within ten days after the date of denial or revocation.
   (E)   Exempted signs. The following types of sign or sign work are exempt from the permit requirements of this section; provided, however, that the exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this section or any other laws or ordinances of the city.
      (1)   Governmental signs.
      (2)   Political signs.
      (3)   Railway signs. Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway.
      (4)   Utility signs. Any sign marking utility or underground communications or transmission lines.
      (5)   Vehicle signs. Any sign placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as a form of transportation and which identifies the business, products, or services with which the vehicle and/or trailer is related.
      (6)   Flags. Official flags of governmental jurisdictions or non-profit organizations. Nothing in this section shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies.
      (7)   Warning signs.
      (8)   Street address signs. Address signs containing only numeric address and street or complex names.
      (9)   Holiday signs. Any temporary sign promoting the celebration of a holiday and containing no commercial advertising.
      (10)   Plaques.
      (11)   Menu board signs. A maximum of one menu board sign a maximum of 32 square feet in area shall be permitted per restaurant or applicable business displayed during business hours only.
      (12)   Minor repairs and maintenance. Minor repair work to any sign, including the replacement of lamps, or the connection of approved portable electrical equipment, to approved permanently installed receptacles, painting, or other similar exterior maintenance of a sign structure so long as no structural alterations are made to the sign.
   (F)   Prohibited signs.
      (1)   Obscene signs. No person shall erect, or display on any site, a sign in which the dominant theme of material taken as a whole appeals to the prurient interest of sex, and is patently offensive because it affronts current community standards relating to the description or representation of sexual matters, and is utterly without redeeming social literary, artistic, political, and scientific value, according to contemporary community standards.
      (2)   Obstructing doors, windows, or fire escapes. No person shall erect, or display on any site, any sign that prevents free ingress to, or egress from any door, window, or fire escape.
      (3)   Obstructing vision/sight triangle. No person shall erect, or display on any site, any sign in such a manner as to obstruct free and clear vision of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle).
      (4)   Interference with traffic. No sign shall be permitted which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination, or any other characteristics causing such interference. No person shall erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, signs making use of the “stop”, “go”, “look”, “slow”, “danger”, or any other similar word, phrase, symbol or character. No person shall employ a red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic.
      (5)   Over public property or public right-of-way. It shall be prohibited to erect or display any type of sign on or over public ROW or other public property, unless the same is erected by the city, county, state, or other authorized governmental agency, or with the permission of the city (in its sole discretion), for public purposes.
      (6)   Signs on utility poles. No person shall erect or display a sign, except as specifically authorized by division (E) above, on a utility pole located upon any public right-of-way or utility easement.
      (7)   Private property. No sign shall be located on private property without the consent of the owner of the premises, including signs located on trees, light poles, or mail boxes.
      (8)   Dilapidated signs. No sign shall be permitted which is deteriorated, dilapidated, or in danger of falling or otherwise unsafe.
      (9)   Signs in violation. No sign shall be permitted that does not comply with any applicable provisions of the building code or any other applicable codes or ordinances of the city.
      (10)   Home occupation signs. No exterior home occupation signs shall be permitted unless otherwise specifically authorized in another applicable section of this section.
      (11)   Non-motorized or portable signs. No trailer type or non-motorized signs using wheels and axles as the primary support shall be permitted.
      (12)   Off-premise signs. (Any signs located at a site other than the one being advertised on that sign.) Except as set forth elsewhere in this section, all off-premise signs not legally existing on June 6, 2013 are prohibited except that the following signs may be permitted provided they otherwise meet the applicable requirements of this section:
         (a)   Community service signs.
         (b)   Garage sale signs.
         (c)   Official government signs.
         (d)   Historical markers and plaques.
         (e)   Political signs.
         (f)   Realty signs.
         (g)   Temporary signs.
         (h)   Traffic signs.
         (I)   Bandit signs.
         (j)   Painted signs.
         (k)   Except as set forth elsewhere in this section, any signs not specifically permitted by this section are prohibited within the city and its ETJ.
   (G)   Removal of signs.
      (1)   Damaged signs. Signs which are determined by the Supervisor of Community Development Services to be a public hazard or in a state of disrepair shall be repaired or removed within ten business days of written notification to the property owner.
      (2)   Abandoned signs. Signs which are determined by the Community Development Services Department to be abandoned shall be removed or otherwise painted over and neutralized within ten business days of written notification to the property owner by the Building Department.
      (3)   Extensions. The Community Development Services Department shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated.
      (4)   Signs in right-of-way and/or public property. Any sign that is erected, constructed, or otherwise located within or upon public right-of-way, or on public property, may be removed by city personnel and disposed of immediately. The city is not required to notify the owner of the sign or its removal and disposal.
      (5)   Relocation of certain detached on-premise signs.
         (a)   Legal and non-conforming detached on-premise signs located on or overhanging a parcel of land acquired by a governmental entity may be relocated subject to the restrictions in this section. The owner of the sign and the governmental entity must sign an application requesting the relocation. The relocation must be completed within six months of the date the governmental entity becomes the owner of the property. All relocated signs must fully comply with spacing, setbacks, and other restrictions in this section. All signs must relocate on the remainder of the tract from which the parcel of land was acquired unless:
            1.   There is no remainder; or
            2.   The remainder is not of sufficient size or suitable configuration to allow the relocated sign to fully comply with the spacing, setback, and other restrictions in this section.
         (b)   No relocated detached on-premise sign may have a greater effective area or increased height than it had at its original location, or contain new materials that are more than five feet above grade.
         (c)   No detached on-premise sign may be relocated until demolition and other required permits have been applied for and approved by the city.
         (d)   No new electrical or mechanical properties may be added to a relocated detached on-premise sign. (For example, a non-illuminated sign may not be converted to an illuminated sign.)
      (6)   Illegally erected temporary sign. Any temporary sign that is erected, constructed or otherwise displayed, without a permit are in direct violation of this section and shall be removed by city personnel and disposed of immediately. The city is not required to notify the owner of the sign of its removal and disposal.
      (7)   Illegally erected permanent sign. Any permanent sign installed without a permit or in direct violation of this section shall be removed by the owner of the sign or property within ten days after written notification by the Community Development Services Department.
      (8)   Filing of liens against the property. The city is authorized to file a lien against any property which is not otherwise exempt to recover reasonable expenses incurred by the city for the removal of a sign or portion of a sign.
      (9)   Appeal. Any decision rendered by the Community Development Services Department or other city personnel in the enforcement of this section may be appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten days after a decision rendered along with the established fee.
   (H)   General provisions. The provisions of this division (H) shall be applicable to all signs hereafter erected, constructed, displayed, altered, or repaired on any premise under the jurisdiction of the city.
      (1)   Height of signs. The vertical height of a sign shall be measured from ground level at the base of the sign to the highest part of the sign or its structure.
      (2)   Wind and dead load requirements. All signs shall be designed and constructed to withstand a wind load of not less than 32 pounds per square foot of area and shall be constructed to receive dead loads as required by building codes adopted by the city. The sign application must include a statement signed by the applicant that states compliance with this requirement.
      (3)   Location of business/residential. All business and residential locations shall be identified by an address, which is clearly visible from the street.
      (4)   Illumination of signs. No sign shall be illuminated to such intensity to exceed a maximum of one foot-candle measured at the property line. No lighted sign shall be erected or displayed within 150 feet of a single-family residential zoned property unless the lighting is shielded from view.
      (5)   Building and electrical codes applicable. All signs shall be constructed and maintained in conformity with all applicable provisions of the building code, electrical code, or other applicable ordinances of the city.
      (6)   Maintenance of signs. Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within 25 feet of such sign, must be kept free and clear of debris, trash, weeds, or other refuse and shall be maintained by mowing or trimming of any vegetation.
      (7)   Structural sign elements. The structural elements of permanent signs shall be constructed of materials that are noncombustible and may be supported by noncombustible materials only and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Building Department.
      (8)   Sign clearance. Notwithstanding any other provisions of this section, all signs shall maintain a clearance of at least ten feet when located over a public sidewalk and at least 14 feet when located over a driveway and shall extend no closer than 18 inches from the curb line of a public street, unless painted or mounted flat on the surface of an existing awning or canopy.
   (I)   Wall signs.
      (1)   General. Unless otherwise specifically provided, the regulations set forth in this division (I) shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or trees.
      (2)   Maximum area. The maximum area of a wail sign shall not exceed the following: 12% of the wall it is mounted on or 150 square foot.
      (3)   Maximum number of signs. The maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one per wall with a maximum of three signs. Each sign in excess of the primary wall sign shall not be a maximum 75% of the area of the primary wall sign. The maximum number of signs permitted for multi-tenant buildings shall be limited to one per tenant or lease space except for those spaces located on the ends of buildings which may have one additional wall sign to be located on the side wall of the structure and being a maximum of 75% of the area of the primary wall sign. Multi-tenant buildings with the rear of the building directly adjacent to a public or private street or access drive may have one additional wall sign located on the rear wall of the structure and being a maximum of 25% of the area of the primary wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi-tenant development exceed a maximum of two signs.
      (4)   Roofline limitations. In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall signs may be attached to a continuous plane fascia if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure.
      (5)   Illumination. Wall signs shall be illuminated utilizing only internal lighting.
      (6)   Projection. Wall signs shall not project farther than 18 inches from the building, excluding signs attached to canopies.
      (7)   Adjacent residential wall signs shall not be located on any facade (other than the main front of the building) which faces property designated for single-family residential uses if the sign is within 150 feet of the property line of the residential property.
   (J)   Freestanding ground signs.
      (1)   General. Unless otherwise specifically provided, the regulations set forth in this division (J) shall be applicable to all freestanding ground signs.
      (2)   Minimum setback. The minimum setback of all freestanding ground signs shall be 15 feet from any property line.
      (3)   Maximum height.
         (a)   The maximum height of a freestanding ground sign shall not exceed the following: 40 feet.
         (b)   Exception: Freestanding ground signs located on properties along roadways identified as principal arterials and secondary arterials in accordance with city designation shall have a maximum of 18 feet in height.
      (4)   Maximum area.
         (a)   Freestanding ground sign shall not exceed the following: 100 square feet.
         (b)   Exception: Freestanding ground signs located on properties along roadways identified as principal arterials and secondary arterials according to city designation shall have a maximum of 90 square feet in area.
      (5)   Number of signs. The maximum number of freestanding ground signs shall be limited to and determined by the linear feet of land on the lot’s frontage abutting the primary street. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with division (L) below, except that any primary or anchor store greater than 50,000 square feet may be allowed one freestanding sign in accordance with this division (J).
 
Lot Frontage in Feet
Number of Signs Permitted
000 - 299.00
1
300- 449.99
2
450- 599.99
3
600-
4
 
      (6)   Off-premises signs.
         (a)   The maximum size of the sign face for any off-premises sign shall be 672 square feet.
         (b)   Spacing between off-premises signs shall be at least 300 feet.
         (c)   No off-premises sign shall have parts that move flash or blink which may be distracting to motorists.
         (d)   Off-premises signs shall not be placed within 1,000 foot radius from any park boundaries.
      (7)   Owner responsibilities.
         (a)   The owner of digital off-premises sign shall coordinate with local authorities to display, when appropriate, emergency information important to the traveling public, such as Amber Alerts or alerts concerning terrorist attacks or natural disasters, and the like. Emergency information messages shail remain in the advertising rotation according to the protocols of the agency that issues the information.
         (b)   The sign owner shall provide to the Community Development Services Department contact information for a person who is available to be contacted at any time and who is able to turn off the digital off-premises sign promptly after a malfunction occurs.
   (K)   Monument signs.
      (1)   General. Unless otherwise specifically provided, the regulations set forth in this division (K) shall be applicable to all monument signs that are allowed under this section.
      (2)   Maximum height. The maximum height of a monument sign shall be five feet six inches.
      (3)   Maximum area. The maximum area of a monument sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet.
      (4)   Number of signs. The maximum number of monument signs shall be limited to one per lot per street frontage. Developments consisting of shopping centers or other multi-tenant type developments shall be required to construct multi-tenant signage in accordance with division (L) below.
      (5)   Minimum setback. The minimum setback of all monument signs shall be 15 feet from any property line.
      (6)   Material requirements. All monument sign bases shall be constructed of masonry material consisting of brick, stone, or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building, or shall be constructed of brick, stone, or split face concrete block. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure.
      (7)   Illumination. Monument signs shall only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way.
   (L)   Multi-tenant signs.
      (1)   General. The provisions of this division (L) shall be applicable to all signs located within developments consisting of shopping centers, as defined within this section, and all other similar multi-tenant developments. All multi-tenant signs shall be monument signs meeting the requirements of this division (L).
      (2)   Maximum height.
         (a)   The maximum height of a monument sign within a multi-tenant development shall not exceed the following:
            1.   Areas with limited access: 20 feet.
            2.   Areas with unlimited access: 18 feet.
            3.   All other streets: 15 feet.
         (b)   The monument base shall be a minimum of 18 inches in height measured from ground level at the center of the base to the top of the base. The overall height shall not exceed the maximum heights listed above, including monument base.
      (3)   Maximum area. The maximum area of a multi-tenant monument sign shall be equivalent to 1% of the gross building square footage within the shopping center with a maximum of 150 square feet.
      (4)   Maximum number. The maximum number of multi-tenant monument signs shall be limited to one per platted lot per street frontage.
      (5)   Monument sign design. Each multi-tenant monument sign shall be designed so as to provide adequate sign spaces for each tenant within the development except for the primary, or anchor store within the development which shall be prohibited from advertising on the monument sign. The developer shall be responsible for determining the adequacy and size necessary to meet the requirements of this division (L).
      (6)   Minimum setback. The minimum setback of all multi-tenant monument signs shall be 15 feet from any property line.
      (7)   Material requirements. All multi-tenant monument signs shall be constructed of masonry material consisting of brick, stone, or split face concrete block which shall be consistent in nature with the overall theme of the development. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure.
      (8)   Illumination. Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way.
   (M)   Electronic signs.
      (1)   General. Electronic signage shall be permitted in-lieu of any permitted freestanding or monument signs on a property. In the event that an electronic sign is permitted for a property, no other additional freestanding or monument sign shall be permitted.
      (2)   Maximum height. The maximum height of an electronic sign shall be 18 feet.
      (3)   Maximum area. The maximum area of an electronic sign shall not exceed 100 square feet with a maximum area per sign face of 50 square feet.
      (4)   Number of signs. The maximum number of electronic signs shall be limited to one per platted lot. No other on-premise freestanding signs shall be permitted.
      (5)   Minimum setback. The minimum setback of all electronic signs shall be 15 feet from any property lines.
      (6)   Material requirements. All monument sign bases shall be constructed of masonry material consisting of brick, stone, or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone, or split face concrete block. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure.
      (7)   Illumination. Electronic signage shall not exceed a maximum of one foot-candle illumination at the property line.
      (8)   Location restrictions. No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes.
      (9)   Additional restrictions.
         (a)   Any change of pictures or information on the electronic sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation.
         (b)   Any change of pictures or information on the message board sign shall not change more often than once every four seconds.
         (c)   Any sign picture or information shall not have a solid white background between the time period of 30 minutes after sunset and 30 minutes before sunrise.
   (N)   Directional signs.
      (1)   General. This section shall be applicable to any on-premise sign that directs the movement of traffic on private property within developments or warns of obstacles, overhead clearances, or controls parking.
      (2)   Maximum height. Directional signs shall have a maximum height of three feet.
      (3)   Maximum area. Directional signs shall not exceed a maximum area of 12 square feet.
      (4)   Maximum number. The maximum number of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at a rate of one sign for every 10,000 square feet of building area.
      (5)   Location restrictions. Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle.
   (O)   Subdivision entry signs.
      (1)   General. The provisions of this section shall be applicable to all subdivision entry signs identifying a residential or mixed use development.
      (2)   Maximum height. Subdivision entry signs shall be monument signs and shall have a maximum height of six feet.
      (3)   Maximum area. The maximum area of a subdivision entry sign shall not exceed 32 square feet per sign face.
      (4)   Maximum number of signs. No more than one subdivision entry sign shall be permitted at the primary subdivision entrance. Secondary entrances may have one subdivision entry sign per entrance which shall be a maximum of 75% of the size of the primary entrance sign.
      (5)   Placement of sign. A subdivision entry sign may be located on a median at the street entrance if approved in writing by the Community Development Services Department.
      (6)   Subdivision entry feature. A subdivision entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms, and/or decorative fencing in combination with the subdivision entry sign may be constructed at the primary subdivision entrance provided, however, that the maximum area containing the subdivision sign shall not exceed 32 square feet per sign face.
   (P)   Price-per-gallon display.
      (1)   General. All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, shall not scroll or flash.
      (2)   Minimum letter height. The minimum height allowed for price-per-gallon display signs shall be six inches for the fuel classification (i.e., “unleaded.” “diesel,” and the like).
      (3)   Maximum area. Price-per-gallon displays shall not exceed two-thirds of the permitted gross surface area per face of the general permitted sign.
      (4)   Number of signs. Only one price-per-gallon sign shall be permitted per site.
      (5)   Illumination. Only internal illumination may be utilized for fuel classification and price-per-gallon signs.
   (Q)   Temporary signs.
      (1)   General. Notwithstanding any other provisions of this section, this division (Q) shall be applicable to all temporary signs identified in this section.
      (2)   Maximum area. The maximum area permitted for temporary signs shall not exceed the following: Maximum area of temporary signs is 20 square feet per face or 7% of the building facade, whichever is less.
      (3)   Maximum height. The maximum height permitted for temporary signs shall not exceed the following: 5 feet.
      (4)   Minimum setback. The minimum setback for all temporary signs shall be 15 feet from any property line.
      (5)   Time limitations. Temporary freestanding signs shall be permitted for the maximum of 180 days per calendar year. No additional temporary sign permit shall be issued for the same property or business for a period of 30 days from the expiration of the previous permit. There shall be no limit to the number of temporary sign permits that may be issued for a particular property or business. The cumulative total number of day for which all temporary sign permits issued for a property or business shall not exceed 90 calendar days.
      (6)   Number of signs. No more than two types of temporary signs shall be permitted per business or tenant at any given time.
   (R)   Development signs.
      (1)   Maximum area. Development signs shall not exceed 64 square feet maximum, 32 square feet per sign face.
      (2)   Maximum height. Development signs shall not exceed six feet in height.
      (3)   Number of signs. Each development shall be permitted no more than one sign per commercial development, or one sign per entry of a residential subdivision not to exceed two signs.
      (4)   Duration. Development signs shall be installed at anytime after the issuance of the building permit for a commercial development or after approval of the final plat for a residential subdivision. The development sign must be removed within six months or upon the issuance of a certificate of occupancy for commercial developments, and upon three years or 75% of development of a residential subdivision, whichever is less.
   (S)   Real estate signs.
      (1)   Applicability. Real estate signs meeting the requirements of this division (S) shall be exempt from the permitting requirements of this section.
      (2)   Maximum height. The maximum height for commercial real estate signs shall not exceed five feet for freestanding ground signs and must be below the roof line for wall signs.
      (3)   Maximum area. The maximum area of a commercial real estate signs shall not exceed 64 square feet (32 square feet per sign face). Residential real estate signs shall not exceed four square feet in size.
      (4)   Maximum number of signs. The maximum number of real estate signs shall be limited to one per lot per street frontage.
   (T)   Banners over public rights-of-way.
      (1)   General. Banners may be erected over public rights-of-way within the city with the approval of the Community Development Services Department. The applicant shall be responsible for securing any and all necessary permits to erect a banner over a TxDOT right-of-way and shall provide such information to the city with the application for a banner permit.
      (2)   Restrictions. Banners over public rights-of-way shall be permitted only for non-commercial or charitable events that are of general interest to the community as a whole, and shall be restricted to non-profit or governmental entities.
      (3)   Responsibility. The applicant shall be responsible for the erection of any banner over public rights-of-way. The banner shall be inspected by the city to ensure the banner is adequately secured. The applicant shall be responsible for removal of any banner erected over public rights-of-way.
      (4)   Maximum banner size. The maximum area of a banner shall not exceed 144 square feet. The standard banner size shall be four feet wide by 36 feet long. Variations to the standard banner size may be approved by the Community Development Services Department when differing variations are necessary to contain the entire message within the banner. In no case shall the area exceed the maximum area identified in this division (T).
   (U)   Nonconforming signs.
      (1)   General. A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this section, with the following exceptions:
         (a)   Was in existence and lawfully located prior to June 6, 2013;
         (b)   Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto or which was considered legally nonconforming thereunder and has since been in continuous or regular use;
         (c)   Was in existence, located, and used on the premises at the time it was annexed into the city and has since been in continuous use; or
         (d)   Was in existence and lawfully located and used as an off-premise sign prior to or on June 6, 2013.
      (2)   Registration. Except as to signs constructed before June 6, 2013, it shall be unlawful for any person to maintain any nonconforming or off-premise sign within the corporate limits of the city or its ETJ without having a valid registration number affixed thereto as required in this division (U) as follows:
         (a)   Application. To register a nonconforming sign or off-premise sign, application shall be made to the Community Development Services Department on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Community Development Services Department.
         (b)   Issuance of registration number. If the Community Development Services Department determines that the nonconforming or off-premise sign is a lawfully nonconforming or off-premise sign, it shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off-premise sign.
         (c)   Invalidation of registration. The Community Development Services Department shall invalidate any registration for a nonconforming or off-premise sign when:
            1.   It is removed from the premises for any reason;
            2.   It has been damaged or destroyed so as to lose its nonconforming sign status as provided in this section;
            3.   It has become an abandoned sign.
   (V)   Vehicle signs.
      (1)   The vehicle must be registered and in operable condition.
      (2)   The vehicle sign must be placed on private property in accordance with the provisions of this section for placement of a sign.
   (W)   Licenses.
      (1)   Licenses required.
         (a)   Required. It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace, or service any sign for compensation without first obtaining a license to do such work from the Community Development Services Department.
         (b)   License. It is unlawful for any person to perform construction work subject to this section unless the person is licensed as a sign contractor.
      (2)   The Community Development Services Department, within 30 days after the receipt of the completed application, shall issue the license or give a written refusal setting, out the reasons for refusal. A written application for a sign contractor’s license will be submitted to the Community Development Services Department on a form prescribed by the city along with the required initial fee and evidence of two years of experience to include the following:
         (a)   Required initial fee: $100;
         (b)   Renewal fee: $50;
         (c)   Completed application;
         (d)   Reference from one financial institution;
         (e)   Reference from two suppliers; and
         (f)   Reference from three customers with work performed within the last two years.
   (X)   Violations.
      (1)   Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this section, or cause the same to be done in conflict with or in violation of any of the provisions of this section.
      (2)   Notice of violation. The Community Development Services Department is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing, or demolition of a sign in violation of the provisions of this section or in violation of a permit issued under the provisions of this section. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(Ord. 13-1085, passed 6-6-2013) Penalty, see § 150.99
Cross-reference:
   Sign requirements in International Building Code, see § 150.01
Statutory reference:
   Tex. Loc. Gov't Code, §§ 216.001 through 216.902