§ 40-24. Signs

(a) Jurisdiction. The provisions of this section shall apply within the city limits, and within the extraterritorial jurisdiction (ETJ) of the city as defined by state law. For the purposes of these sign regulations, all signs erected within the extraterritorial jurisdiction of the city shall be erected in accordance with the standards imposed for property inside the city limits.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Allowable means permissible to do.

Banner means a sign intended to be hung without frames. Flags of governmental jurisdiction and flags carrying the emblem of a business or institution are not to be considered a banner for the purpose of this section.

Billboard means a sign that is designed for changeable copy, within fixed sign face which advertises a business, organizations, event, person, place or thing not located on the same site (or property) as the billboard.

Construction sign means a sign temporarily placed on a construction site identifying the project, and/or owner, developer, contractor, or architect, and may include other information regarding the project. A construction sign shall be limited to no more than eight square feet.

Damaged sign means a sign, which is unsafe, unsecured, disfigured or broken.

Detached sign means an on-premises sign that is not a wall sign.

District means a zoning district which is a part of the city wherein the regulations of this section are uniform.

Externally illuminated sign means a sign illuminated in any manner by an artificial light source which is detached from the sign.

Flashing sign means a sign with lights which illuminate intermittently (for example, a sign with blinking or moving lights) regardless of wattage, whether directly or indirectly illuminated, except for time and temperature signs.

Ground clearance means the distance between the bottom of the sign and the average established ground level below sign.

Internally illuminated sign means a sign illuminated in any manner by an artificial light source as an integral part of the sign. This includes but is not limited to neon-type signs.

Nonconforming sign means a sign that does not conform to the regulations of this section, but which was placed or constructed in accordance with city ordinances existing at the time of its placement or construction.

On-premises sign means a sign located on the property where the goods or services it advertised are sold or provided.

Permit means a written authority or warrant.

Portable sign means a sign which is maybe carried, wheeled, or moved about.

Real estate sign means a sign which is used to offer property for sale, lease or rent.

Sign means any letters, figures, symbols, trademarks, or devices designed, intended or used to advertise or inform. A sign shall not include numbers indicating the address of a residential structure or signs erected by a governmental entity in compliance with applicable law.

Sign height means the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign, unless curb elevation is higher than the ground level, in which case the height shall be measured from curb level.

Snipe sign means a sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects, and the advertising matter appearing thereon is not applicable to the use of the premise upon which such sign is located.

Temporary sign means a sign which is to be used for only a limited time; not permanent.

Traveling lighted message sign means a sign which utilizes lights to form letters, words, figures, symbols, etc., and on which the letters, words, figures, symbols, etc., are changed more often than once every four minutes.

Unattached sign means a portable sign which is easily carried, wheeled, or moved about without having to detach the sign from a secure anchoring device. Such signs are considered to be unattached if they can reasonably be expected to be blown about in high winds that may cause injuries to pedestrians or become traffic hazards.

Wall sign means a sign mounted permanently to the structure.

(c) Signs permitted by district.

(1) The following signs shall be permitted in all residential districts:

a. Churches may display a sign showing names, activities and services therein provided. Such sign shall be limited to 32 square feet and shall be no higher or wider than eight feet. Any such sign located closer than 25 feet to any street right-of-way shall have a minimum clearance of nine feet from the finished grade with a maximum height not to exceed 20 feet. There shall be no projections over public property, right-of-ways or easements.

b. During construction of a building, one unilluminated sign shall be permitted. Such sign shall be removed immediately upon completion of the building, or upon expiration of the building permit.

c. A person having a legal home-based business, other than a bed and breakfast, may display a name plate on the face of the building or porch. It shall be attached directly to and parallel to the face of the building or porch. It shall not exceed one square foot in area and shall not be illuminated in any way. A permit is required. No other sign or advertising device, pertaining to a home-based business shall be mounted or displayed on any residential unit.

d. A bed and breakfast shall be permitted to have one on-premises sign. This sign shall not exceed one square foot in area. It shall not include the word "hotel" or "motel." It shall not be internally illuminated, but may be externally illuminated.

e. Temporary signs pursuant to subsection (d) of this section.

(2) The following signs are permitted in a mobile home park district:

a. An on-premises sign advertising the mobile home park. The sign shall be a permanent sign of not more than 32 square feet in total area and no higher or wider than eight feet. A permit is required.

b. All permanent signs located closer than 25 feet to any street or highway right-of-way shall have a minimum ground clearance of nine feet and a maximum height of 20 feet. Signs and supporting structures will be of sound construction and of a permanent nature, advertising products and services sold only at that location. There shall be no projections over public property, rights-of-way or easements.

(3) The following signs are permitted in all nonresidential districts:

a. Each business may have one wall sign. This sign may not extend above the roof line of the building, nor may it extend horizontally beyond the wall to which it is attached.

b. Each business may have one detached sign located on the business premises. The total area of this sign shall not exceed 36, shall be no higher or wider than eight feet, and shall have a maximum height of 20 feet from the normal grade elevation measured at the street on which the business is located to the highest part of the sign or the structure on which the sign is placed. There shall be no projection over public property, rights-of-way or easements.

c. All permanent signs located closer than 25 feet to any street or highway right-of-way shall have a minimum ground clearance of nine feet and a maximum height of 20 feet. There shall be no projection over public property, rights-of-way or easements. No signs shall project over property lines. All signs and supporting structures will be of sound construction and of a permanent nature, advertising products and services sold only at that location.

d. During construction of a building, one unilluminated construction sign shall be allowed. Such signs shall be removed immediately upon completion of the building, or upon expiration of the building permit.

(4) Sexually oriented business sign regulations.

a. Notwithstanding any other city ordinance to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business to erect, construct, or maintain any sign except as provided herein.

b. Each sexually oriented business may have no more than two permanent signs. These signs shall comply with subsection (c)(3)c of this section.

c. Signs shall contain no photographs, silhouettes, drawings or pictorial representations of any kind, and may contain only the name of the enterprise.

d. Each letter forming a word on a primary sign shall be the same print, type, size and color. The background behind such lettering on the display surface of a primary sign shall be of uniform and solid color.

(5) Public service signs as approved by the building official.

(d) Temporary signs permitted by district. Temporary signs shall be permitted subject to the following:

(1) Any sign, bill, poster or advertisement put up under a permit granted pursuant to this section shall:

a. Not remain for a period of more than five consecutive days; however, signs pertaining to fresh garden produce during the growing season may remain for 45 consecutive days.

b. Not to exceed 36 feet in area.

c. If a permit is required, display the permit number issued for said sign in the lower left-hand corner of said sign.

d. Not exceed four square feet in area for garage sale and produce signs.

e. Be constructed so as to have its own support structure.

f. Be fabricated of materials designed to withstand the elements for the permitted time period.

g. Not be located:

1. Within 100 feet along the right-of-way of the intersections of Phillips Ranch Road and FM 1431, Prairie Creek Road and FM 1431, and Valley View and FM 1431.

2. Within five feet from the edge of a paved roadway, or if the roadway is unpaved, the traveled portion of the roadway.

3. So as to block the view of traffic or interfere with vehicular or pedestrian traffic.

4. So as to create an immediate physical danger.

5. On any utility pole or street sign.

(2) Allowable temporary signs. The following temporary signs shall be authorized upon application and issuance of a permit by the city:

a. Temporary signs promoting a political candidate or issue. No permit is required for a political sign.

b. Temporary signs advertising the opening or relocation of a business, provided that such signs shall only be permissible for a maximum period of 30 days before and 15 days after such opening or relocation.

c. Temporary signs advertising special events, provided that the permit allowing such signs will be effective for a maximum period of 30 days before and 15 days after such event.

d. Banners and other temporary signs attached and parallel to a wall of the structure.

e. Banners above public streets or highways in such locations as may be approved by the building official, provided that such banners shall not be displayed in excess of 60 days.

f. Garage sale signs and similar.

(3) Except as otherwise permitted herein, no sign shall be constructed, placed or installed unless a permit for such sign is issued by the city.

a. A person seeking a permit under this section shall file an application with the city upon such forms as the city shall from time to time establish which shall include:

1. A sketch of said sign, including dimensions.

2. A statement setting forth the materials to be used in constructing the signs.

3. The proposed location of each such sign.

4. A fee shall be charged for signs described in section 40-2 in the sum of $5.00 for up to five signs and $1.00 for each additional sign. However, there shall be no fee for a political sign.

b. The fee for all other sign permit application shall be determined by separate ordinances.

c. Any sign, bill, poster, or advertisement of any nature which does not comply with this section, shall be removed by the chief of police, or any other person authorized by the chief.

(e) Damaged signs. Damaged signs must be repaired or removed within 30 working days following the date of notice to repair given by the building official, to the party responsible for such sign. Such 30-day period shall be extended provided that a bona fide work order bearing a delivery date for repairs is submitted to the building official within a 30-day period. The 30-day period shall be extended until seven days after the day shown on the work order.

(f) Temporary sign advertising "For Sale" real property.

(1) Signs advertising real property for sale, lease, or rent must be placed on the real property which is for sale, lease or rent. The face of such temporary signs shall not exceed five square feet on each side including sign riders such as "Price Reduced," "Waterfront," "Sale Pending," etc. A second sign is permitted on the shoreline.

(2) Each sign must be constructed so as to have its own support structure and must be made of materials calculated to withstand the weather.

(3) Signs may be in place for as long as the property is offered for sale. Signs must be removed promptly upon closing of the sale of the property.

(4) This type sign does not require a permit.

(g) Nonconforming signs. Any sign not in compliance with the provisions of this section shall be considered to be nonconforming.

(1) Nonconforming temporary signs. All such signs must be removed within 90 days after the effective date of the ordinance from which this section is derived.

(2) Maintenance and replacement of nonconforming permanent signs.

a. Ordinary maintenance of all signs is permitted without the necessity of obtaining a permit. Ordinary maintenance shall mean the refurbishment of signs as they exist with no substantial alteration. Replacement or reconstruction of any part of any sign is not ordinary maintenance.

b. Nonconforming signs which have been damaged, blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations, may be replaced only if the cost of repairing the sign does not exceed 60 percent of the market value cost of erecting a new sign of the same type at the same location. Evidence of the cost of repair market value and cost of erection of a new sign shall be submitted to the building official at the time of application for the repair permit but such evidence shall not be conclusive of the building official's decision in issuing or not issuing a repair permit. The property may appeal the building official's decision to the city council.

(h) Prohibited signs. All other signs not expressly permitted are prohibited, including but limited to the following:

(1) Billboards.

(2) Snipe signs.

(3) Flashing signs.

(4) Traveling lighted message sign.

(5) Off-premises signs (excluding signs in subsection (d)(2) of this section).

(6) Signs exceeding 20 feet in sign height.

(7) Political signs exceeding 36 square feet in area; more than eight feet in height; which are illuminate; or which have any moving elements. Political signs posted on vehicles shall be subject to these prohibitions as well.

(8) Multiple signs may not be arrayed together so as to violate the size restriction stated herein.

(9) Signs in the city right-of-way, except as authorized herein or by a governmental entity in accordance with applicable law.

(10) Signs that emit a noise.

(Ord. No. 409-B, 6-2007; Ord. No. 409-C, § II.G, 8-13-2008)