0350
ORDINANCE NO. 3JC~
AN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS
WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR
DEFINITION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SIGN CLASSIFICATION; PROVIDING FOR PERMITS, FEES, AND
INSPECTION; PROVIDING FOR ZONING DISTRICTS WHERE
PERMITTED; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING
FOR VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1. PURPOSE OF SIGN ORDINANCE DEFINITIONS
A. PURPOSE
Signs use private land and the sight lines created by the
public rights-of-way to inform and persuade the general public by
publishing a message. This Ordinance provides standards for the
erection and maintenance of private signs. All private signs not
exempted as provided below shall be erected and maintained in
accordance with these standards. The general objectives of these
standards are to promote health, safety, welfare, convenience,
and enjoyment of the public, and, in part, to achieve the
following:
(a) Safety. To promote the safety of persons and property
by providing that signs:
(1) Do not create a hazard due to collapse, fire,
collision, decay, or abandonment;
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(2) Do not obstruct fire fighting or police
surveillance; and
(3) Do not create traffic hazards by confusing or
distracting motorists, or by impairing the
driver's ability to see pedestrians, obstacles, or
other vehicles, or to read traffic signs.
(b) Communications efficiency. To promote the efficient
transfer of information in sign messages by providing that:
(1) Businesses and services may identify themselves;
(2) Customers and other persons may locate a business
or service;
(3) No person or group is arbitrarily denied the use
of the sight lines from the public right-of-way
for communication purposes; and
(4) Persons exposed to signs are not overwhelmed by
the number of messages presented, and are able to
exercise freedom of choice to observe or ignore
said messages, according to the observer's
purpose.
(c) Landscape quality and reservation. To protect the
public welfare and to enhance the appearance and economic value
of the landscape, by providing that signs:
(1) Do not interfere with scenic views;
(2) Do not create a nuisance to persons using the
public rights-of-way;
(3) Do not constitute a nuisance to occupancy of
adjacent and contiguous property by their
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brightness, size, height, or movement;
(4) Are not detrimental to land or property values;
and
(5) Contribute to the special character of particular
areas or districts within the city, helping the
obsever to understand the City and orient oneself
within it.
B. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
ACTIVITY means any person, business, organization or other
entity.
AWNING means a roof-like structure which is not an integral
structural part of and is accessory to the building which it
serves.
BUILDING means a structure which has a roof supported by
walls for the shelter, suport, or enclosure of persons, animals,
or chattel.
CANOPY means a projecting roof-like covering which is a
permanent and integral part of the building's structure.
CHARACTER means any letter of the alphabet or any numeral.
CITY means the City of Southlake, Texas.
COMMISSION means the City Plan Commission of the City of
Southlake.
EFFECTIVE AREA, for detached signs, means the area enclosed
by the minimum imaginary rectangle of vertical and horizontal
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lines which fully contains all extremities of the sign, exclusive
of its supports. This rectangle is to be calculated from an
orthographic projection of the sign viewed horizontally. A
viewpoint for this projection is to be taken which gives the
largest rectangle of that kind, as the viewpoint is rotated
horizontally around the sign. If elements of the sign are
movable or flexible, as a flag or string of lights, the
measurement shall be taken when the elements are fully extended
and parallel to the plane of view. The effective area for
attached signs shall mean the sum of the areas of the minimum
imaginary rectangles enclosing each word attached to any
particular facade. This definition shall also apply to signs
which are composed solely of words which identify a premise and
which are attached to free-standing walls not over six(6) feet in
height.
EXPRESSWAY means any public right-of-way designated as an
expressway or freeway by the ordinances or resolution of the City
of Southlake as amended.
FACADE means any separate face of a building, including
parapet walls and omitted wall lines, or any part of a building
which encloses or covers usable space. Where separate faces are
oriented in the same direction, or in the directions within 45
degrees of one another, they are to be considered as part of a
single facade.
HEIGHT as applied to a sign, shall be measured as the
vertical distance between the highest part of the sign or its
supporting structure, whichever is higher, and a level plane
Sign Ord., Page Four
going through the nearest point of the vehicular traffic surface
of the adjacent improved public right-of-way, other than an
alley. In the event a sign is equidistant from more than one
improved public right-of-way, none of which are alleys, the
highest point shall be used.
INTERESECTION means the junctions of the centerlines of any
two public right-of-ways, other than alleyways, crossing at
grade, or, where the crossing is separated at grade, the
intersection shall be the point at which expressway travel
pavements converge or diverge,or thepoint at which any expressway
interchange ramp intersects the expressway travel pavement.
LUMINANCE means the brightness of a sign or a portion
thereof expressed in terms of footlamberts. For the purposes of
this Ordinance, luminance shall be determined by the use of an
exposure meter calibrated to standards established by the
National Bureau of Standards and equipped with a footlambert
scale.
MAJOR THOROUGHFARE means any public right-of-way designated
as a major thoroughfare by the City of Southlake by ordinance or
resolution.
OCCUPANCY is the purpose for which a building is used or
intended to be used. The term shall also include the building or
room housing such use. Change of occupancy is not intended to
include change of tenants or proprietors.
PUBLIC ENTRANCE means an entrance to an activity normally
used by the public consisting of any number of doors or other
openings in a single facade of a building.
Sign Ord., Page Five
SETBACK means the required distance between any point on
private land and the nearest point at the edge of the nearest
public right-of-way, other than an alley. Where a public way
crosses a railroad right-of-way, the setback distance is to be
measured from the public right-of-way line extended across the
railroad right-of-way.
SIGN means any device, flag, light, figure, picture, letter,
word, message, symbol, plaque, or poster visible from outside the
site on which it is located and designed to inform or attract the
attention of persons not on that premise, excluding those lights
and landscape features which display no words or symbols, works
of art which display no words or additional symbols, and
temporary holiday decorations.
SIGN, ATTACHED means any sign attached to, applied on, or
supported by any part of a building (including canopy facia,
walls and awnings) which encloses or covers usable space.
SIGN BAND means an architectural element expressly designed
to accommodate attached signs on a building.
SIGN, DIRECTIONAL means an off-premise sign the content of
which is limited exclusively to the identification of a specific
site, activity, or occupancy located elsewhere, and which tells
the location of or route to that site, activity, or occupancy.
SIGN, FREESTANDING means any sign connected to the ground by
legs, poles or other supports and which is not an attached,
portable, movement or vehicle sign.
Sign Ord., Page Six.
SIGN, ILLUMINATED means any sign which is directly lighted
by an electrical light source, internal or external. This
definition shall not include signs which are illuminated by
street lights or other light sources owned by any public agency
or light sources which are specifically operated for the purpose
of lighting the area in which the sign is located rather than the
sign itself.
SIGNS, MOVEMENT means any sign which is connected to the
ground and which has no clear space between the bottom of the
sign and the surface of the ground as in a freestanding sign
which is connected to the ground by legs, poles or other supports
and has clear space between the bottom of the sign and the
ground.
SIGN, MOVEMENT CONTROL means a sign which directs vehicular
or pedestrian movement within or onto the premise on which the
movement control sign is located.
SIGN, OFF-PREMISE means any sign which is not an on-premise
sign, and further means a sign displaying advertising copy that
pertains to a business, person, organization, activity, event,
place, service, or product not principally located or primarily
manufactured or sold on the premises on which the sign is
located.
SIGN, ON-PREMISE means any sign the content of which relates
to the site on which it is located, referring exclusively to the
name, location, products, persons, accommodations, services, or
activities of or on those sites, or the sale, lease, or
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construction of those sites.
SIGN, POLITICAL means any type of non-premise sign which
refers only to the issues or candidates involved in a political
election.
SIGN, PORTABLE means a sign which is easily moved from one
location to another, including signs which are mounted on skids,
trailers, wheels, legs or stakes and which are not fixed
permanently to the ground, and which is not an attached sign,
political sign, vehicular sign, or a sign which refers solely to
the sale or lease of the premises.
SIGN, PROTECTIVE means any sign which is commonly associated
with safeguarding the permitted uses of the occupancy, including
but not limited to "Bad Dog", "No Trespassing", and "No
Solicitors".
SIGN, SPECIAL PURPOSE means a sign temporarily supplementing
the permanent signs on a premise.
SIGN SUPPORT means any pole, post, strut, cable, or other
structural fixture or framework necessary to hold or secure a
sign, providing that said fixture or framework is not imprinted
with any picture, symbol, or word using characters in excess of
one inch in height, nor is internally or decoratively
illuminated.
SIGN, VEHICULAR means any sign on a vehicle moving along the
ground or on any vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not
include signs which are being transported to a site of permanent
erection.
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SITE means a building which houses a single activity and the
contiguous grounds and parking areas which exclusively service
that building or any number of activities housed by a single
building or multiple buildings which share common egress or
ingress from a public street or right-of-way as established under
Section II (N) of this ordinance.
WIND DEVICE means any flag, banner, pennant, streamer, or
similar device that moves freely in the wind. All wind devices
are considered to be signs, and are regulated and classified as
attached or detached, by the same rules as other signs.
WORD For the purpose of this chapter, one word shall be
deemed to be any of the following:
(a) Any word in any language found in any standard
unabridged dictionary or dictionary of slang.
(b) Any proper noun or any initial.
(c) Any separate symbol or abbreviation, such as
and "Inc".
(d) Any telephone number, street number, or, commonly used,
combination of numerals and/or symbols as "$5.00" or
"50%."
(e) Any symbol or logo which is a registered trademark, but
which itself contains no word or character.
(f) Otherwise, each separate character is considered to be
a word.
ZONING DISTRICT, BUSINESS means any zoning district
designated by the Comprehensive Zoning Ordinance of the City of
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Southlake, Texas, as amended, as PUD, CS, 01, 02, Rl, R2, I1, and
12. Any PUD district is also included in this list where the
district's base zoning is one of the above.
ZONING DISTRICT, NON-BUSINESS means any zoning district not
designated as a business district in accordance with the above
definition. Any PUD district may be a specifically designated a
business district for the purpose of this chapter. Any multi-
family use occurring within any of the above districts shall be
subject to the provisions of Section IV.
SECTION II. GENERAL REGULATIONS
A. Application of Subsections B through G.
(a) The provisions of Subsections B through G of this
Section II shall apply to all signs in the city without
regard to zoning.
(b) All signs erected or maintained pursuant to the
provisions of this Section shall be erected and maintained in
compliance with all applicable state laws and with the building
code, electrical code, and other applicable ordinances of the
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City. In the event of conflict between this chapter and other
laws, the most restrictive standard applies.
B. Imitation of traffic and emergency signs prohibited.
No person shall cause to be erected or maintained any sign
using any combination of forms, words, colors, or lights which
imitate standard public traffic regulatory, emergency signs, or
signals.
C. Roof signs prohibited.
No sign shall be located on or project over the roof of a
building.
D. Signs in rights-of-way prohibited.
No sign shall be erected or affixed within or project over
any public right-of-way or across the public right-of-way line
extended across a railroad right-of-way. This section shall not
be construed so as to prohibit vehicular signs as long as such
comply with other provisions of this chapter; nor to prohibit the
carrying or display of signs by a person or persons as long as
such sign is not connected or affixed to the real property
comprising the public right-of-way, its fixtures and
appurtenances.
E. Signs on public property.
No person shall attach any sign, paper or other material or
paint, stencil or write any name, number or otherwise mark on any
sidewalk, curb, gutter, street, tree, utility pole, public
building, public fence, or public structure. This section shall
not prohibit the posting of governmental signs or the painting or
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attachment of street address numbers to curbs.
F. Advertising by balloon prohibited.
Advertisement by means of a balloon or other floating devise
anchored to the ground, a building or other structure is
prohibited.
G. Portable signs and Off-Premise Signs, other than directional
signs prohibited, except as noted below.
(1.) Portable signs, as that term is defined in Section I
(B) are prohibited, provided, however, that upon a
special sign permit being granted by a majority vote of
the City Council a portable sign may be displayed on
premises for a maximum of one 7-day period no more
often than every ninety (90) days, provided that such
display is for non-profit organizational use.
(2.) Signs, other than political signs, which advertise for
products, goods, services or other items not offered
on the same premises upon which the sign is located
are prohibited.
H. Special purpose signs.
(a) Special purpose political signs may be erected on
any private property without limit as to number; provided, that
such signs comply with other applicable requirements of this
Ordinance and provided further that the owner or occupant of the
property on which such signs is displayed:
(1) shall not erect or cause to be erected
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special purpose political signs until 45 days
prior to any primary or general election;
(2) shall remove the signs within 72 hours after
the general or runoff election to which a sign
pertains or after the termination of a candidacy,
whichever occurs first.
(b) Flags, emblems and insignia of a governmental entity;
emblems and insignia of any state or local govermental body;
legal public demonstrations which do not contain advertising and
are not used as such are allowed.
(c) Special purpose, temporary construction signs denoting
the architect, engineer, contractor, sub-contractor, or
financier, and temporary signs denoting the future location of a
particular business, retail center, or institution subject to one
(1) such construction sign and one (1) such future location sign
per street adjacent to the construction site or future location
site. No such sign shall exceed thirty-two (32) square feet in
area nor extend higher than fourteen (14) feet as measured from
ground level, provided that such signs are located on the
premises where construction or location being advertised is or
will be occurring. Said signs shall be removed upon issuance of
an occupancy permit.
(d) Special purpose freestanding signs for the purpose of
identifying the location of or direction to subdivision or major
home builder sites are allowed. Such signs shall be on-premise
and shall not exceed sixteen (16) square feet in area nor extend
higher than twelve (12) feet in height. A home builder with
Sign Or., Page Thirteen
fifteen (15) lots or more qualifies as a major home builders.
One (1) such sign may be allowed for subdivision, major home
builders, sites or developments of thirty (30) acres, or less.
One (1) additional sign shall be allowed for each additional
thirty (30) acres. Permits for such signs may be granted for a
maximum period of six-months, with such signs being removed upon
90% completion of the project. No such sign shall be located
closer than fifty (50) feet to a residential dwelling not within
the subdivision.
(e) Banners, flags, or pennants promoting the opening of a
single-family subdivision, shall have a maximum single use period
of fourteen (14) days, with a minimum period between permits of
ninety (90) days and a maximum number of three permits per year
for given any subdivision or complex.
(f) Banners, flags, or pennants promoting a merchandise
program or opening of a retail or commercial establishment or
center shall have a maximum single use period of fourteen (14)
days with a minimum period between permits of ninety (90) days
and a maximum number of three (3) permits per year for a given
establishment or center.
(g) Signs may be painted on the external or internal
surface of the window of an establishment in commercial or retail
districts with water durable paint on external surfaces
advertising services; products or sales available within said
establishment or which announce opening of said establishment.
In no event may signs be located on the window surface internally
or externally in any manner to obscure more than fifty percent
Sign Ord., Page Fourteen
(50%) of the visible window area available in the absence of any
signs. Where multiple windows exist fronting on a single street
or sidewalk, the fifty percent (50%) visibility shall be
maintained for the total window area on said street or sidewalk.
I. Movement control signs.
Movement control signs may be erected at any activity or on
any site, other than a single-family premise, may be attached or
freestanding, and may be erected without limit as to number,
provided that such signs shall comply with other applicable
requirements of this chapter, and:
(1) Freestanding movement control signs shall not exceed
six (6) square feet in effective area and shall not
exceed three (3) feet in height.
(2) If a movement control sign is an attached sign, the
letters shall not exceed four (4) inches in height and
the effective area shall not exceed six (6) feet.
(3) Each sign must convey a message which directs vehicular
or pedestrian movement within or onto the site on which
the sign is located.
(4) The signs must contain no advertising or identification
message.
J. Protective signs.
(a) The occupant of a premise may erect protective signs,
in accordance with the following provisions:
(1) Each sign shall not exceed 100 square inches in
effective area;
(2) Freestanding signs shall not exceed two (2) feet
Sign Ord., Page Fifteen
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in height;
(3) Letters shall not exceed four (4) inches in
height.
K. Sale or lease signs.
(a) Any business or non-business site may erect on-premise
attached or freestanding signs for the purpose of advertising the
sale or lease of the real property on which such sign is located,
subject to the following provisions;
(1) Signs advertising the sale or lease of non-
business property shall not exceed eight (8)
square feet in area nor five (5) feet in height.
(2) Signs advertising the sale or lease of a business
property shall not exceed sixteen (16) square feet
in area or eight (8) feet in height.
L. Vehicular Signs.
(a) Vehicular signs shall conform to all the regulations
for freestanding signs if:
(1) The vehicular sign is so placed as to constitute a
"sign" as defined in Section I. and
(2) The vehicle upon which the sign is located is
parked on other than a temporary basis.
(b) The owner of the vehicle upon which a vehicular sign is
placed is responsible for ensuring that the provisions of this
section are adhered to and commits an offense if any vehicular
sign on his vehicle violates this section. If such vehicle is
found unattended or unoccupied, the registered owner of the
vehicle shall be presumed to be the actual owner. The records of
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the State Highway Department or the County Highway License
Department showing the name of the registered owner of such
vehicle shall constitute prima facie evidence of actual ownership
by the named individual.
M. Government Signs.
Nothing in this chapter shall be construed to prevent or
affect the display of a national or state flag, or to limit
flags, insignia, legal notices, or informational, directional or
traffic signs which are legally required or necessary to the
essential functions of governmental agencies.
N. Creation of Site.
The Building official shall not issue a permit for
construction, erection, placement or maintenance of a sign until
a site is established for the sign.
SECTION III. SIGNS IN BUSINESS ZONING DISTRICTS
A. Provisions for business zoning districts.
(a) The provisions of Subsection B through D apply to all
signs in business zoning districts unless the sign is within 25
feet of either a non-business zoning district boundary or a
public park of more than one acre.
(b) Signs within 25 feet of either a non-business zoning
district boundary or a public park of more than one acre shall be
governed by the provisions of Subsections B through D of Section
IV of this ordinance.
B. General provisions applicable to signs in business zoning
districts.
(a) No illuminated sign shall have a luminance greater than
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200 footlamberts, nor shall any such sign have a luminance
greater than 200 footlamberts for any portion of the sign within
a circle of two (2) feet in diameter. The restrictions of
luminance in this section shall be determined from any other
premise or from any public right-of-way other than an alley.
(b) No sign shall flash, change its brightness, rotate,
move or create an illusion of movement except that:
(1) Time and temperature or informational signs which
are oriented to be read from public ways may be
allowed provided that no change of message occurs
more often that one each 3 seconds or less often
than once each 5 seconds, and provided that any
such sign may only be erected after approval of
the location of such sign by the City Council.
Any time and temperature or informational sign
approved by the City Council shall not devote more
than 30% of its time per hour to commercial
advertising messages.
(2) Reader boards which are oriented to be read
exclusively within the site and which are not
imminently visible from a public way are allowed.
C. Freestanding signs.
Freestanding signs are permitted in business zoning
districts as follows:
(a) Number of freestanding signs per site
(1) Freestanding signs may only be on-premise signs
(2) Only one freestanding sign of any type may be
Sign Ord., Page Eighteen
erected on any site, except that:
(i) A site which has frontage on more than one
street or roadway may have one sign per such
frontage, but no more than one sign may be
adjacent to or face each such frontage.
(ii) In no case shall a site possess more than two
freestanding signs, except as provided for in
Subsections H, I, K or L of Section II of
this ordinance.
(iii)Fast food and drive-through restaurants may
have additional signs not exceeding 8 feet in
height nor 35 square feet in area, if located
no further than 15 feet from the building
housing that activity.
(iv) Signs not exceeding sixteen (16) square feet
in area and six (6) feet in height are
allowed for an activity providing engine fuel
sales which advertise prices of fuel on
premises and signs indicating full- or self-
service or fuel type not exceeding six (6)
square feet in area are allowed. No activity
shall have more than one (1) such fuel price
sign per street front. In no case shall any
such sign, including full- and self-service
signs, be freestanding except that where an
awning support exists, such sign may be
attached to the awning support.
Sign Ord., Page Nineteen
(b) Setback
(1) Freestanding signs of an effective area of 50
square feet or less may be located as near as ten
(10) feet to the public right-of-way or at the
building line if this requires a lesser setback,
provided that said sign does not exceed 20 feet in
height and does not occupy the space between two
(2) feet and twelve (12) feet above grade within
15 feet of the public right-of-way except for
supports, which may not exceed a total cross-
sectional area of two (2) square feet.
(2) A freestanding sign of an effective area of 100
square feet or less may be located as near as 15
feet to the right-of-way, provided that said sign
does not exceed 20 feet in height and does not
occupy the space between two (2) and twelve (12)
feet above grade within 15 feet of the public
right-of-way except for supports, which may not
exceed a total cross-sectional area of two (2)
square feet.
(3) No part of a freestanding sign shall be closer
than 100 feet, measured radially, to another
freestanding sign or monument sign.
(c) Size and height
(1) No freestanding sign shall exceed 100 square feet
in effective area or 20 feet in height except as
herein provided.
Sign Ord., Page Twenty
(2) Freestanding signs may incorporate embellishments
or cut-outs provided that they shall not exceed
20% of the area of the sign face and that they
shall not extend beyond the sign face a distance
exceeding 12 inches as measured horizontally.
(3) Any freestanding sign located in such a manner as
to allow or is likely to allow the passage of
vehicular traffic beneath and shall have a mimimum
distance of 14 feet as measured from the bottom of
the sign to the ground immediately below.
(d) Off-premise signs
(1) Off-premise signs, as defined in Section I(b) of
this ordinance, are prohibited.
D. Attached signs.
Attached signs are permitted in business districts in
accordance with the following provisions:
(a) Number of attached signs
(1) One attached sign may be allowed for each activity
contained in a building only when that activity
individually possesses a public entrance on the
exterior of the building which fronts and is
immediately accessible to and from a public street
or a street, walkway or driveway used by the
public.
(2) Where a building houses a single activity, a total
of two (2) attached signs shall be allowed when
such building fronts on two or more streets,
Sign Ord., Page-Twenty One
provided that no more than one attached sign shall
be allowed on any facade of the building.
(3) Where a building houses more than one activity,
one attached sign shall be permitted per public
entrance, provided that no more than one attached
sign shall be used per portion of the building
facade occupied by the activity.
(4) Non-illuminated street address numbers may be used
in addition to other attached signs. Where used,
such signs shall be placed immediately above or
adjacent to a public entrance, shall be attached
to a wall surface, and shall not exceed ten (10)
square feet in effective area of single tenant
buildings nor six (6) square feet for multiple
tenant buildings. Additionally, words consisting
of characters less than four (4) inches in height
may be used without limit. See Section II for
other exceptions.
(b) Type and size
(1) Architectural elements to which signage may be
attached shall be limited to building wall
surfaces, canopy facia or sign bands. Each
activity shall attach signage to no more than one
type of architectural element (e.g-if signage is
attached to canopy facia, additional signage shall
Sign Ord., Page Twenty-Two
not be attached to building wall surfaces).
(2) Where the width of the architectural element to
which the sign is attached is greater than four
(4) feet as measured from top to bottom, sign size
shall not exceed 30% of the "signable area" or 100
square feet whichever is less.
(3) Where the width of the architectural element is
less than four (4) feet as measured from top to
bottom, the following shall apply:
(i) Word size shall not exceed 20 inches in
height;
(ii) Where a building houses a single activity,
the length of the sign shall not exceed 75%)
of the length of the architectural element to
which it is attached, provided, however that
in no event shall the maximum square footage
of said sign exceed one hundred (100) square
feet in area.
(iii)Where a building houses multiple activities,
the length of all signs shall not exceed 75%
of the length of the facade occupied by the
activity, provided however, that in no event
shall the maximum area square footage of each
sign exceed more than one hundred (100)
square feet.
Sign Ord., Page Twenty-Three
(c) Location and height.
(1) Where an activity is located in a one-story
building, an attached sign shall be placed no
higher than the roof line of the architectural
element to which it is affixed.
(2) Where an activity is located on the first floor of
a multi-story building, an attached sign shall be
placed no higher than the floor level of the
second story.
(3) Where an activity is located on the second floor
of a multi-story building, an attached sign shall
be placed no higher than the floor of the third
floor or, in the case of a two-story building, the
roof line of the building. In no case shall
attached sign height exceed the height of the
floor of the third floor of a building.
(4) Where signage is attached to canopy facia, such
signage shall not protrude above or below the
canopy facia.
(5) No attached sign shall project a distance greater
than 18 inches from the architectural element to
which it is affixed.
(6) Where an attached sign is placed in such a manner
as to project a distance greater than two inches
into a private driveway or other private area
likely to be used by vehicular traffic or where
such sign is placed in such manner as to allow the
Sign Ord., Page Twenty-Four
passage of vehicular traffic beneath it, such sign
shall have a minimum distance of 14' as measured
from the bottom of the sign to the ground
immediately below.
(7) Where an attached sign is placed in such a manner
as to project a distance greater than two inches
into a pedestrian walkway or other area likely to
be used by pedestrian traffic of where such sign
is placed in such a manner as to allow the passage
of pedestrian traffic beneath it, such sign shall
have a minimum distance of eight (8) feet as
measured from the bottom of the sign to the ground
immediately below.
(8) Signs consisting of cut-out, painted, embroidered,
embossed, decaled or appliqued logos, symbols and
letters may be displayed on awning surfaces
provided that such signs shall be contained
entirely within a single awning and shall be
parallel as viewed horizontally with the surface
to which it is attached.
(i) Awning signs may be used in conjunction with
other attached signage provided thatnot more
than one (1) sign is usedper awning and that
such sign shall not exceed six (6) square
feet in area.
(ii) Where awning signs are used in lieu of other
attached signage, a maximum of three (3)
Sign Ord., Page Twenty-Five
signs may be used provided that:
Only one (1) sign shall be visible from a 90
degree angle in relation to the surface on
which the sign is attached and, the area of
all signage does not exceed 20 square feet.
E. Monument Signs.
Monument signs are permitted in business zoning districts as
follows:
(a) Number of Monument signs per site
(1) Monument signs may only be on-premise signs.
(2) Only one monument sign of any type may be erected
on any site, except that:
(i) a site which has frontage on more than one
street or roadway may have one sign per such
frontage, but no more than one sign may be
adjacent to or face each such frontage.
(ii) In no case shall a site possess more than two
monument signs, except as provided for in
Subsections H, I, K or L of Section II of
this ordinance.
(iii) Fast food and drive-through restaurants may
have additional monument signs not exceeding 8 feet in height
nor 35 square feet in area, if located no further than 15 feet
from the building housing that activity.
(b) Setback and surface area.
(1) Monument signs shall be no larger than fifty (50)
square feet in surface area of a side and shall be
Sign Ord., Page Twenty-Six
located no closer than 10 feet to the public
right-of-way or at the building line if this
requires a lesser setback.
(2) No part of a monument sign shall be closer than
100 feet, measured radically to another monument
or freestanding sign.
SECTION IV SIGNS IN NON-BUSINESS ZONING DISTRICTS
A. Provisions for non-business zoning districts.
The provisions of Subsections B through D of this Section
apply to all signs in any non-business district, within 25 feet
of a non-business district boundary or within 25 feet of a public
park of more than one acre.
B. General provisions applicable to signs in non-business zoning
districts.
(a) No portion of an illuminated sign shall have a
luminance greater than 200 footlamberts.
(b) No sign nor part of any sign in a non-business zoning
district shall move, flash, rotate or change its illumination
more than once an hour.
(c) An occupant in non-business zoning district may erect
only special purpose signs and special purpose political signs,
and premise signs, which include movement control signs and
protective signs. Temporary holiday decorations are permitted.
C. Sign Type
(a) Shall be limited to momument type signs and shall not
exceed 35 square feet in area.
(b) Shall not exceed seven (7) feet in height measured from
Sign Ord., Page Twenty-Seven
the top of curb of the street frontage to which the sign is
located, at the point nearest to the sign from the back edge of
the curb as measured on a straight line.
(c) An area immediately surrounding or continguous with the
sign shall be landscaped proportionately with the area of the
sign (e.g. if the sign area is 35 square feet; then the
landscaping of the area surrounding the sign shall not be less
than 35 square feet), except that such signs with an area of
eight square feet or less shall be exempted from this
requirement.
(d) A single-family residental premise may display one
freestanding sign which must refer to the sale or lease
of the premises, and may also display freestanding
political signs.
D. Attached signs.
(a) A single-family residential site may display any one
attached sign. This sign must conform to all restrictions set
forth in this chapter, and shall not exceed 20% of the signable
area or thirty-five (35) square feet in area, whichever is less.
(b) Signs attached to screening or decorative walls for the
purpose of announcing a residential subdivision, and whose
primary objective is decoration, shall be allowed. However, they
shall not exceed eight (8) feet above grade nor sixteen (16)
square feet in area.
SECTION V ADMINISTRATION AND ENFORCEMENT
A. Powers and duties of the Building Official.
(a) General The Building official is hereby authorized and
Sign Ord., Page Twenty-Eight
directed to enforce all the provisions of this Ordinance.
(b) Right of entry. Whenever necessary to make an
inspection to enforce any of the provisions of this Ordinance, or
whenever the Building Official or his authorized representative
has reasonable cause to believe that there exists in any building
or upon any premises any condition or code violation which makes
such building or premises unsafe, dangerous, or hazardous, the
Building Official or his authorized representative may enter such
building or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the Building Official by this
code, provided that if such building or premises be occupied, he
shall first present proper credentials and request entry; and if
such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry.
If such entry is refused, the Building Official or his
authorized representatiave shall have recourse to every remedy
provided by law to secure entry.
When the Building Official or his authorized representatiave
shall have first obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care or control of any building
or premises shall fail or neglect, after proper request is made
as herein provided, to promptly permit entry therein by the
Building Official or his authorized representative for the
Sign Ord., Page Twenty-Nine
purpose of inspection and examination pursuant to this chapter.
(c) Stop orders. Whenever any work is being done contrary
to the provisions of this chapter, the Building Official may
order the work stopped by notice in writing served on any person
engaged in the doing or causing of such work to be done, and any
such person shall forthwith stop such work until authorized by
the Building Official to proceed with the work.
B. Permits, applications, and fees.
(a) Permits. No person, firm or corporation shall erect,
construct, alter, rebuild, enlarge, extend, convert, maintain,
replace, relocate, remove or demolish a sign or alter or change
words or rearrange neon tubing on a sign or cause the same to be
done without first obtaining a separate sign permit for each
sign.
(b) It is a defense to prosecution under this subsection
that the act or sign is included in one of the enumerated
categories listed below:
(1) The changing of words on a sign that is designed
with interchangeable words.
(2) Normal maintenance to replace worn parts and
repainting deteriorated paint without word change.
(3) Memorial signs or tablets, names of building and
date of erection when cut into any masonry surface
or when constructed of bronze or other
incombustible materials.
(4) Government signs; such as flags, insignia, legal
notices or informational, directional, or traffic
Sign Ord., Page Thirty
signs which are legally rquired ornecessary to the
essential functions of government agencies.
(5) Special purpose political signs subject to the
provisions of Section II.
(6) Non-illuminated temporary construction signs not
exceeding 16 square feet in effective area; nor
eight (8) feet in height and otherwise subject to
the provisions of Section II.
(7) Signs painted directly on internal or external
window surfaces subject to the provisions of
Section II.
(8) Non-illuminated movement control signs not
exceeding six (6) square feet in effective area;
nor three feet in height subject to the provisions
of Section II.
(9) Non-illuminated freestanding protective signs not
exceeding 100 square inches in effective area;nor
2 feet in height subject to the provisions of
Section II.
(10) Non-illuminated on-premise signs advertising the
sale or lease of a non-business property not
exceeding 8 square feet in effective area nor 4
feet in height subject to the provisions of
Section II.
(11) Non-illuminated, on-premise, freestanding signs
advertising the sale or lease of a business
property subject to the provisions of Section II.
Sign Ord., Page Thirty-One
(12) Vehicular signs subject to the provisions of
Section II.
(c) Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required for the above
exempted items.
(d) Application. To obtain a permit, the applicant shall
file an application in writing on a form furnished for that
purpose. Every such application shall:
(1) Identify and describe the work to be covered by
the permit for which application is made.
(2) Describe the land on which the proposed work is to
be done by lot zoning, block, tract, and house and
street address, or similar description that will
readily identify and definitely locate the
proposed work.
(3) Be accompanied by a notarized authorization from
the owner of the property.
(4) Be accompanied by plans and specifications as
rquired in this code and all applicable laws and
ordinances.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant, or an authorized agent
who may be required to submit evidence to indicate
such authority.
(7) Give such other information as reasonably maybe
required.
(e) Plans and specifications. With each application for a
Sign Ord., Page Thirty-Two
r
permit, not less than two (2) sets of plans and specifications
shall be submitted and all drawings, specifications, and
accompanying data shall bear the name and address of the
designer.
The structural design of freestanding signs in excees of
eight (8) feet in height shall be prepared and designed by an
engineer licensed by the State of Texas.
(f) Fees. The fee for such permit shall be based on the
area of said sign in the following manner;
Effective Area
Up to 50 sq. ft $50.00
51 sq. ft to 100 sq. ft. 100.00
In case any work is started or proceeded with prior to
obtaining a permit, the fee above specified shall be doubled to
obtain a permit. The payment of such doubled fee shall not
relieve any person from fully complying with the requirements of
all laws and ordinances.
(g) Expiration. Every permit issued under the provisions of
this code shall expire by limitation and become null and void, if
the work authorized by such permit is not commenced within 60
days from the date of such permit, or if the work authorized by
such permit is suspended or abandoned for a period of more than
120 days at any time after the work is commenced. Before such
work can be recommenced, a new permit shall be first obtained,
and the fee therefor shall be one-half the amount rquired for a
new permit for such work, provided no changes have been made or
will be made in the original plans and specifications for such
Sign Ord., Page Thirty-Three
work; and provided further that such suspension or abandonment
has not exceeded one year.
(h) Suspension or Revocation. The Building Official may,
in writing, suspend or revoke a permit issued under provisions of
this code whenever the permit is issued in error or on the basis
of incorrect information supplied, or in violation of any law or
ordinance.
(i) Refunds. There shall be no refunds of sign permit fees
paid under the terms of this code, except for the following:
(1) When it is determined that a sign permit was
issued due to an error by the Building Official, a
full refund may be authorized.
(2) When it is determined that a sign permit cannot be
legally issued, any permit fee received may be
returned.
(j) Inspections. All signs for which a permit is required
shall be subject to inspection by the Building Official.
(1) Pre-inspection. The Building official, upon
receipt of application for permit for a sign, may
make a pre-inspection. The application, plans and
specifications, and other data, filed by an
applicant for permit, shall be reviewed by the
Building Official. Such plans may be reviewed by
the other departments to verify compliance with
any applicable laws under their jurisdiction. If
the Building Official finds that the work
described in an application for a permit and the
Sign Ord., Page Thirty Four
plans, specifications and other data filed
therewith conform to the requirements of this
chapter and other pertinent laws and ordinances,
and that the fees specified in Section have been
paid, he shall issue a permit therefor to the
applicant.
(2) Final inspection. The Building Official, upon the
call of the permit holder, shall make a final
inspection after the work is completed. All
requests for final inspection shall be made at
least twenty-four hours before the inspection is
desired.
(3) It shall be the responsibilty of the contractor to
insure that each necessary inspection is requested
from the Building Official and to insure that
subsequent stages of construction are not started
until said inspection has been conducted and
approved. This also includes all subcontractor
types of inspections such as electrical,
mechanical, plumbing, etc. If it is found, upon
inspection by the city, that a contractor has
completed a sign without having obtained the
necessary inspections and approvals, future
permits shall be denied to that contractor pending
completion and approval of said inspections.
C. Design
(a) Construction. All signs and their supports shall be
Sign.Ord.,.Page Thirty-Five
built, constructed, and erected in conformance with the
requirements of all laws and ordinances.
(b) Structural. Signs shall comply with the design
standards of the Uniform Building Code as adopted by the City of
Southlake.
(c) Electrical. Signs in which electrical wiring and
connections are used shall comply with the requirements of the
electrical code of the City of Southlake. In addition, all
illuminated signs shall bear the Underwriter's Laboratory label
or be building to comply with the Underwriter's requirements.
(d) Plumbing and Mechanical. Signs in which plumbing or
mechanical devices are used shall comply with the requirements of
the plumbing and mechanical codes of the City of Southlake.
(e) Materials.
(i) The type of materials used in the construction,
wiring, plumbing or mechanical portion of the sign
shall conform to the structural codes of the City
of Southlake building, mechanical, and plumbing
codes.
(ii) The color, construction, and materials of each
sign shall be architecturally compatible with the
building to which it applies on the site and with
any other signs located on the site. The City
Council shall act as the Achitectural Control
Committee to approve signs under this section,
unless the City Council elects to establish an
Architectural Control Committee for signs by
Sign Ord., Page Thirty-Six
separate ordinance or by amendment of this
ordinance.
(f) Protection Electrical devices within reach of persons
and public property shall be protected by wire glass, safety
glass, locked box of metal or wood, or other approved methods.
No sign shall be erected nearer than two (20) feet from any
telephone cable, electrical street light standard, electrical
power poles or electrical power distribution lines when voltage
between conductors is less than 300 volts. If the voltage
between conductors is 300 volts or greater, clearances shall be
maintained as follows:
SPANS LESS THAN 150'
Horizontal Vertical
Clearance Clearance
Voltage of Conductors in feet in feet
300 to 8,700 3 8
8,700 to 15,000 8 8
15,000 to 50,000 10 10
50,000 + 10 plus 9.5 10 per 0.5 inch
inch per kv per kv in excess
in excess
NOTE: For spans greater than 150 feet, refer to the National
Electrical Safety Code.
(g) Clearance from fire escapes, exits or standpipes. No
signs or its supports shall be erected in such a manner which
will interefer in any way with the use of any fire escape, exit
or standpipe. No sign or its support shall be attached to a
standpipe or fire escape.
(h) Obstruction of openings in buildings No sign or its
supports shall obstruct any required openings to such an extent
Sign Ord., Page Thirty-Seven
that lightor ventilation is reduced below that required.
(i) Sign maintenance The owner of any premises upon which
sign is erected shall maintain the sign and its supports. If any
sign becomes dangerous to life, limb, or property, or an
obstruction to the use of any sidewalk, or roadway, or interferes
with the operation of the Fire Department, it shall be the
responsbility of the owner of the premises or his agents to
remove or repair the same.
(j) Weather-proofingAllsigns shall be constructed so as
to prevent the accumulation of water.
(k) In the event of a conflict between the applicable
ordinance of the City of Southlake, then the most restrictive
code requirements shall apply.
(1) All freestanding and monument signs shall be
constructed of materials that are non-combustible or slow-burning
(as in the case of plastic insert or facings) and shall be
supported by non-combustible material only and finished in a
presentable manner. Untreated wood or unpainted or non-
galvanized steel supports are specifically prohibited.
D. Abandoned, or unmaintained signs and damaged signs.
(a) Abandoned on-premise signs and sign supports shall be
removed within 60 days of notice by the City of Southlake to the
owner of the property upon which the sign is attached or located.
(b) Any sign or portion of a sign or sign support
determined by the City of Southlake to be unsafe or insecure, a
menance to the pulic, or in such dilapidated condition to as be
unsightly and therefore prejudicial to public welfare shall be
04 - n-A n- rtn.4 _4_ -1- i
repaired, maintained or removed within 10 days notice by the City
of Southlake.
(c) Any sign existing on the effective date of this
ordinance and permitted to remain in place as a nonconforming
sign, shall be removed if the sign or a substantial part thereof
is blown down or otherwise destroyed or dismantled for any
purpose other than maintenance operations or for changing the
letters, symbols or other matters on the sign. For the purpose
of this provision, a sign or substantial part thereof is
considered to have been destroyed only if the cost of repairing
the sign is more than sixty percent (60%) of the cost of erecting
a new sign of the same type at the same location.
E. Variance procedure/City Council.
(a) The City Council may, in specific cases, take the
following actions and authorize the following special variances
and exceptions with respect to the provisions of this chapter.
(b) The City Council may waive any filing fee for an appeal
under this chapter when the Council finds that payment of the fee
would result in substantial financial hardship to the applicant.
The applicant may either pay the fee and request reimbursement as
part of his appeal or request the matter be placed on and the
Council's miscellaneous docket for predetermination. If the
Sign Ord., Page Thirty-Nine
matter is placed on the miscellaneous docket, the applicant may
not file his appeal until the merits of the request for waiver
have been determined by the Council.
(c) The City Council may, in specific cases and subject to
appropriate conditions, authorize only the following special
variances and exceptions to the regulations established in this
ordinance when the Council has made a special finding from the
evidence presented that strict compliance with the requirement of
this chapter will result in a hardship or inequity to the
applicant in accomplishing the objectives of this chapter:
(1) Permit a variance for detached signs of up to 10%
of the setback, effective area, and height
requirements of this chapter;
(2) Authorize one additional detached sign on a site
in excess of the number permitted by this chapter;
(3) Permit the following special variances and
exceptions for movement control signs when, from
the evidence presented, the Council finds them to
be necessary to give directions to a business:
(A) Authorize an identification message to be
placed on the sign.
(B) Authorize an additional effective area of up
to four (4) square feet.
(C) Authorize an additional height of up to two-
and-one-half (2 1/2) feet.
(d) The City Council may hear and decide appeals which
allege error in any order, requirement, decision, or
Sign Ord., Page Forty
determination made by the Building Official in the enforcement of
this Ordinance.
(e) The City Council may require a nonconforming sign to be
brought into immediate conformity with all current standards of
all ordinances of the City of Southlake or to be removed when,
from the evidence presented, the Council finds the sign to be
hazardous to the public or to have been abandoned by its owners,
provided that such decision is permissable under Article 1015(0)
of the Texas Revised Civil Statutes without monetary compensation
from the City to the Sign Owner being required.
(f) Where a permit was required for a the erection of a
sign according to the law in effect at the time the sign was
erected and where the Building official finds no record of a
permit being issued, the City Council may authorize the issuance
of a replacement permit when, from the evidence presented, the
Council finds either that a permit was issued or that
arrangements were made with a sign company to obtain said permit.
F. Public hearings provided.
(a) The City Planning and Zoning Commission shall hold a
public hearing on any amendment, supplement, or change of this
ordinance prior to making its recommendation and report to the
City Council. At least 15 days notice of the time and place of
such hearing shall be published in the official newspaper of the
City of Southlake.
G. Signs on Utility Poles.
No sign of any nature shall be attached in any manner to a
utility pole located upon any public right-of-way or utility
Sign Ord., Page Forty-One
easement and any sign so placed shall be subject to removal by
City Personnel and to the fees established in this Ordinance to
recover such signs from the City and to and to any fines
established by this Ordinance.
H. Sign Recovery Fee.
Any sign erected, constructed or otherwise located by the
owner thereof within or upon a public right-of-way shall be
removed by City Personnel and the owner of such sign
shall be charged a fee of $15.00 to recover such sign from the
City. No such fee shall be charged if the owner satisfactorily
establishes that such sign was not placed in right-of-way by the
owner of such sign or by any authorized agent, representatiave or
employee of said owner.
I. Sight Distances at Intersections-Sign Prohibition.
(a) (1) Definitions-Intersection Visibility Triangle
Shall mean a triangle sight area at all street
intersections.
(a) For uncontrolled intersections, the intersection
visibility triangle shall have the dimensions
illustrated in Table 1, set forth on Exhibit "A"
attached to this Ordinance.
(b) For intersections where the approaching streets are of
different sizes or where traffic traveling on one or
more approaching streets is designated to stop or yield
by an official traffic control devise, the intersection
visibility triable shall have the dimensions
illustrated in Table 2, set forth on Exhibit "A"
Sign Ord., Page Forty-Two
attached to this ordinance.
(c) Where a driveway opening onto an arterial or collector
street is open to the general public or serves four or
more residences, the intersection visibility triangle
shall have the dimensions illustrated in Table 3, set
forth on Exhibit "A" attached to this ordinance.
(2) Property line
Shall mean the right-of-way line.
(3) Uncontrolled Intersection.
Shall mean an interesection of two streets (or
more) at which there are no official traffic
control devises designating approaching traffic to
stop or yield.
(b) It shall be unlawful to set out, maintain or cause to
be set out or maintained any sign having a height greater than
two (2) feet as measured from the top of the pavement of the
adjacent streets within any visibility triangle as defined
herein.
(c) The City of Southlake shall have the power to vary the
dimensions of a visibility triangle to provide a safe stopping
distance for the speed limits in effect. These safe stopping
distances shall be as set forth in the Transportation and Traffic
Engineering Handbook, copyright, 1976.
J. Existing Signs-Nonconforming.
(a) Any sign existing on the effective date of this
ordinance shall be allowed to remain as a nonconforming sign for
a period of ten (10) years from and after the effetive date
i rrn r),A -
I s `
hereof subject only to removal pursuant to Section V (D) of this
ordinance. This provision is intended for the purpose of
allowing the owner of any existing sign to recover the ecomonic
value of the existing sign prior to being required to bring such
sign into conformance with this Ordinance.
K. Site Plans-Signs to be noted on site plans.
All final site plans filed with the City for approval by the
City Council shall have noted thereon the located of any
freestanding or monument sign, if known, intended to be erected
for permanent use with the building or buildings to be
constructed pursuant to such final site plan.
SECTION VI-EFFECTIVE DATE
That this ordinance applies to offenses committed on and
after its effective date, and a criminal action for an offense
committed before this Ordinance's effective date is governed by
the law in existence at the time the offense was committed. For
the purpose of this section, an offense is committed on and after
the effective days of this Ordinance if any element of the
offense occurred on or after the effective date. This ordinance
shall be and become effective after its passage by the City
Council and publication in the official newspaper of the City as
required by law.
SECTION VII-PENALTIES
A person who violates a provision of this ordinance is
quilty of a separate offense for each day or portion of a day
during which the violation is committed, continued or permitted,
and each violation is punishable by a fine not to exceed $200.00
Sign Ord., Page Forty- Four
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