(A) Free standing signs.
(1) Height and area limitations. Free-standing signs shall conform to the area-height-setback relationship indicated in Table 1, except as allowed in the incentive provisions. Free-standing signs shall not exceed a height greater than 50 feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level. Free-standing signs shall not exceed 300 square feet in area except as allowed in the incentive provisions of this section.
TABLE 1
ON-PREMISES SIGNS AREA-HEIGHT-SETBACK RELATIONSHIP | ||
MAXIMUM AREA | MAXIMUM HEIGHT | MINIMUM SETBACK |
ON-PREMISES SIGNS AREA-HEIGHT-SETBACK RELATIONSHIP | ||
MAXIMUM AREA | MAXIMUM HEIGHT | MINIMUM SETBACK |
0 to 50 square feet | 15 feet | 0 feet |
>50 to 100 square feet | 20 feet | 2 feet |
>100 to 150 square feet | 25 feet | 2 feet |
>150 to 200 square feet | 30 feet | 5 feet |
>200 to 250 square feet | 40 feet | 5 feet |
>250 to 300 square feet | 50 feet | 10 feet |
(2) Setback line. Freestanding signs shall be set back from the property line of the property on which the sign is erected in relation to its area and height, as indicated in Table 1, except as allowed in the incentive provisions of this section.
(3) Number of freestanding signs allowed.
(a) A business on a single parcel. One freestanding sign is allowed per lot, or tract. A lot or tract located at a street intersection is allowed one freestanding sign per street frontage.
(b) Multiple businesses on a single parcel. A maximum of two freestanding signs are allowed. A lot or tract with more than one road frontage is allowed a total of three freestanding signs.
(4) Incentives and adjustments. Buildings housing multiple businesses are encouraged to utilize group signage. A 30% increase in sign area is allowed for a group sign, advertising a center with multiple businesses, with no corresponding effect on sign setback and height specified in Table 1. This incentive may be increased to 35% over the sign area allowed in Table 1, when a group sign is combined with landscaping.
(a) The number of freestanding signs allowed may be increased by the following credits based on property frontage:
1. Property frontage. If the lot, tract, or parcel exceeds 300 feet of frontage along the street where the sign is proposed, additional freestanding signs are allowed, in accordance with Table 2.
TABLE 2
PROPERTY FRONTAGE | ADDITIONAL SIGNS ALLOWED |
301 to 500 feet | 1 sign |
501 to 600 feet | 2 signs |
601 feet and over | 3 signs |
(B) Wall signs.
(1) A maximum 50% of each tenant’s store front, side or rear oriented to each street may be utilized for a wall sign. No wall sign shall cover wholly or partially cover any wall opening, nor project beyond the ends or top of the wall to which it is attached in excess of four feet. No single wall sign may exceed 300 square feet in area.
(2) Projection above sidewalk and setback line. No wall sign shall be permitted to extend more than six inches beyond the building setback line, and shall not be attached to a wall at a height of less than ten feet above the sidewalk or ground.
(C) Roof signs.
(1) Height and area limitations. No roof sign shall have a surface or facing exceeding 300 square feet, nor have its highest point extended more than 20 feet above the roof level.
(2) Prohibited obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage along the roof or interfere with openings in the roof.
(D) Projection signs.
(1) Area/Size area limitations. Projecting signs shall be limited in area as follows:
(a) Horizontal projecting signs shall not exceed 50 square feet on each side.
(b) Vertical projecting signs shall not exceed 100 square feet on each side.
(2) Thickness limitation. The distance measured between the principal faces of any projecting sign shall not exceed 18 inches.
(E) Subdivision signs.
(1) Content. The signs shall bear only the name, section name, or slogan or motto of the subdivision.
(2) Number and area. There shall be not more than two signs located at each entrance to a subdivision, nor more than two signs located at each entrance to separate subdivision sections within the subdivision. No sign shall exceed 80 square feet in area.
(3) Permit. Subdivision signs shall only be erected with issuance of a sign permit.
(4) Height. No sign shall project higher than eight feet above curb level.
(5) Materials. Signs shall be constructed of masonry and/or wood, and metal, or other natural materials.
(6) Subdivision signs may be placed within public rights-of-way provided they do not pose a threat to traffic, vehicular, or pedestrian safety; and an encroachment agreement is executed and recorded prior to the erection of the sign.
(F) Special event banners over roadways.
(1) Banners may only be placed across West Montgomery Road (FM 1097 West) on Entergy Texas Electric Company’s designated poles, but only when authorized by the Texas Department of Transportation and Entergy Texas Electric Company. Entergy's banner poles may only be used by non-profit organizations for the purpose of promoting parades, fairs, rodeos, festivals, artistic events, athletic competitions, exhibitions and other similar special events that are open to the general public and will be staged within the corporate limits or extraterritorial jurisdiction of the city.
(2) No banner may be erected or maintained at a height of less than 18 1/2 feet above the pavement of the street below. A banner may not be erected earlier than 30 days prior to the beginning of the special event and must be removed before the expiration of seven days following the end of the event. A banner that is not maintained in accordance with these requirements and the conditions of State Department of Transportation approval may be summarily removed without notice and forfeited.
(3) Banners must be erected and removed in a manner that minimizes interference with traffic. Banner pole permission holders must obtain liability insurance in an amount not less than $100,000, insuring against hazards associated with the erection, display and removal of the banner. Before erecting any banner the permission holder must deliver to the city a copy of a certificate of insurance in a form acceptable that evidences the required coverage and names the city as an additional named insured.
(G) Off-premises digital billboards.
(1) The provisions of this section are prospective only and nothing herein shall be deemed to require the relocation, reconstruction or removal of any existing legal sign. An off-premises sign that is lawfully in existence on the effective date of this section may continue to display off-premise advertising and a change of the display from one advertisement to another shall not be deemed a violation of this section.
(2) An off-premises sign may be converted to a digital billboard provided all of the following conditions are met.
(a) Such sign must not be located within 2,500 feet of another off-premise digital billboard or within 2,500 feet of an off-premise sign that has written consent to be converted to a digital billboard.
(b) Operational limitations. Such displays shall contain static messages only and shall not have movement or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity.
(c) The copy/message must stay static for a minimum of eight seconds. When the copy/message is changed, it must change within two seconds.
(d) Owners of digital billboard sign faces have the sole option to remove the digital units from the outdoor advertising structure at any time, for any reason. During all periods where there are no digital units on the sign structure, the sign owner shall be permitted to operate the sign faces as traditional, printed type.
(e) Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance and must comply with state regulations.
(f) Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign. Measurement distance criteria:
Nominal Face Size | Distance to be Measured |
12’ x 25’ | 150’ |
10.5’ x 36’ | 200’ |
14’ x 48’ | 250’ |
20’ x 60’ | 350’ |
(g) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.
(h) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated above shall not require an ordinance change for approval, unless the Council finds it in the best interest of the public to do so. The city shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
(i) The sign area of the converted sign shall not exceed the sign area of the existing sign and the height of the converted sign must comply with the applicable state regulations.
(j) The owner and operator of the sign must agree to work with the local law enforcement to display amber alerts as determined necessary by the law enforcement agency.
(k) The owner and operator of the sign must agree to donate 40 hours of copy per year for the city to display special event messages or public awareness messages.
(l) The owner must agree to remove a total of three traditional billboards within the city limits or ETJ and within a three-year period after the city has given written consent for conversion. Each such traditional billboard must be lawfully in existence and must have a copy area equal to or greater than the sign to be converted. Such traditional billboards must be removed on a voluntary basis; the removal shall not be the result of an eminent domain or condemnation proceedings. Where the removal of such traditional billboards is not feasible, other city beautification options may be considered at the discretion of the City Council with recommendations from the Director of Community Development.
(m) All off-premise signs shall comply with the 1972 Outdoor Advertising Federal - State Agreement and any applicable Texas Department of Transportation Administrative Rules prior to a conversion to digital.
(n) A written contract and agreement must be submitted, approved and executed prior to the city’s written consent for the conversion.
(H) Nonconforming signs. A permanent advertising sign not in conformance with these regulations, which was lawfully permitted and erected prior to the enactment of said regulations, shall be considered a nonconforming sign. Nonconforming signs shall be exempted from the provisions of this subchapter, unless damaged by natural causes or otherwise destroyed or taken down, or removed for any purpose other than maintenance operation which is allowed. It may not be re-erected, reconstructed, or rebuilt, except in full compliance and conformance with this subchapter. Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds 50% of its replacement value shall be removed, unless otherwise authorized to remain.
(I) Unlawful signs. No sign or other advertising structure shall be erected or maintained in violation of this subchapter. An unlawful sign is not a nonconforming sign. Any sign erected or maintained which is not in conformance with this chapter or prior ordinances of the city, is hereby declared to be a public nuisance and shall be removed and/or confiscated as outlined herein.
(Ord. 12-0515A, passed 5-15-2012; Ord. 21-0720B, passed 7-20-2021)