Item 11BCity of Southlake
Department of Planning
MEMORANDUM
January 26, 2005
TO: Honorable Mayor and City Council
FROM: Ken Baker, Planning Director
SUBJECT: Ordinance No. 704 -C, Discussion of proposed amendments to the Sign Ordinance
704 -B.
Purpose of the
Item: Discuss proposed amendments to the Sign Ordinance.
Background: Staff has prepared amendments to the Sign Ordinance for City Council's
consideration. These amendments result from concerns raised by City
Council regarding the duration and size of banner signs and the allowable
coverage area of window signage. The proposed amendments are as follows:
1) Reduce the maximum area and length of duration for banner signs;
2) Revise the definition for window signs; and
3) Reduce the area permitted, set a maximum area, and restrict the sign area
for window signage.
Summary of
Amendments: Reduce the maximum area and len ,-th of duration for banner signs.
The current regulations for banner signs allow a maximum area of 0.5 square
feet for every one foot of width of building or lease space not to exceed fifty
(50) square feet for duration of maximum fifteen (15) days, twice per calendar
year with a sixty (60) day separation between permits. Several concerns have
been expressed that the 50 square foot limit and the maximum 15 day duration
are more than sufficient. As a result, Section 21 of the ordinance has been
amended to read as follows (See page 13 of Ordinance 704 -C - Attachment
A):
A. BANNER
1. PERMITTED SIGN STRUCTURE: Attached
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: 0 squar- feet f - o 0 e feet of
width „fbuiWing lease s a tt e o e fifty (50)
feet- 0.5 square feet for every one foot of width of building or
lease space not to exceed thirty -two (32) square feet.
SIGN ORDINANCE NO. 704 -C Page i
b. MAXIMUM NUMBER OF SIGNS: One (1) per site
C. DURATION:
Maximum ten (10) days, twice per calendar year with a sixty
(60) day separation between permits.
Revise the definition for window si ,-ns
The current definition for window sign is, "Any sign located on the internal
and /or external surface of the window, or is located within two feet (2') of the
window, of any establishment." The Sign Ordinance regulates all window
signs that meet this definition. However, several business establishments
within the City have circumvented the ordinance requirements by placing
signage just beyond the 2 -foot distance. Therefore, the definition for window
signs (Section LA) has been revised to increase the distance from two (2) feet
to five (5) feet (See page 4 of Ordinance 704 -C - Attachment A):
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stab i shment. Any sign located on the internal and /or external surface of the
window, or is located within five feet (5') of the window, of any
establishment.
Reduce the area permitted, set a maximum area, and restrict the si ,-n area to
an individual window unit
Window signs currently are allowed to obscure no more that fifteen percent
(15 %) of the window area per facade. Window signs do not require a permit
so enforcement is quite difficult. By requiring the window sign area be
determined per individual window rather than window area per facade,
enforcement of the Sign Ordinance would be greatly simplified and the sign
area reduced (See page 15 of Ordinance 704 -C & Appendix B of Ordinance
704 -C - Attachment A):
D. WINDOW SIGN
PERMITTED SIGN STRUCTURE: Window Sign (as defined in
Section LA)
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: Window signs may not obscure more
than ten percent (10 %) of the window area per each individual
SIGN ORDINANCE NO. 704 -C Page ii
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PERMITTED SIGN STRUCTURE: Window Sign (as defined in
Section LA)
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: Window signs may not obscure more
than ten percent (10 %) of the window area per each individual
SIGN ORDINANCE NO. 704 -C Page ii
window not to exceed eight (8) square feet, measured and
located within ten (10) vertical feet from the at -grade exterior
entrance to the building or the lease space. The area of the
sign shall be measured by the smallest box that could be drawn
around the continuity of the sign (see Appendix `B' for further
clarification).
b. ILLUMINATION: No illuminated window signs shall be
allowed except for open /closed signs.
Staff Concerns: Staff believes that these proposed amendments will result in numerous
violations throughout the City. As a result, prior to a public hearing on this
item, staff desires to hold a public forum with local business owners to inform
them on the proposed changes. The purpose of the meeting would be to
encourage voluntary conformance. After the public forum, staff would bring
the amended Sign Ordinance to City Council for consideration.
SIGN ORDINANCE NO. 704 -C Page iii
Attachment A: Proposed Ordinance 704 -C ORDINANCE NO. 704 -C
SIGN ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 704 -B, THE
COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE
CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS
AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE;
PROVIDING FOR AMENDED DEFINITIONS; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE
ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR
THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND
VARIANCES; PROVIDING FOR LIMITATIONS ON THE LOCATION,
SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATIONS OF
SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT
SIGNS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON
SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council of the City of Southlake previously adopted Ordinances No.
704 and 704 -B as the Comprehensive Sign Ordinance of the City; and
WHEREAS, the City staff has recommended several amendments to Ordinance No. 704 -B
relating to banner signs and window signs; and
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WHEREAS, the City Council finds that the orderly and uniform regulation of signs is a
substantial factor in guiding the attractive and aesthetic development of properties in accordance with
the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the
City; and
SIGN ORDINANCE NO. 704 -C Page iv
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WHEREAS, the City Council deems it necessary to amend Ordinance No. 704 -B in order to
protect the health, safety, and welfare of the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The Sign Ordinance of the City of Southlake is hereby amended and shall be and read as set
forth in Exhibit' A," attached hereto and incorporated by reference herein:
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SIGN ORDINANCE NO. 704 -C Page v
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 704 -B or any other ordinances affecting the regulation
of signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than the
production thereof.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty
in the official City newspaper one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
SIGN ORDINANCE NO. 704 -C Page vi
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2005.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
SIGN ORDINANCE NO. 704 -C Page vii
SIGN ORDINANCE
TABLE OF CONTENTS
ARTICLE I -
IN GENERAL .............................................................. ...............................
1
SEC
1 DEFINITIONS ............................................................ ...............................
1
A . GENERAL ...................................................... ...............................
1
ARTICLE II
- ADMINISTRATION .................................................. ...............................
4
SEC.
2 RESPONSIBILITY FOR ENFORCEMENT ............. ...............................
4
SEC.
3 SIGN PERMIT REQUIRED ...................................... ...............................
4
SEC.
4 APPLICATION FOR SIGN PERMITS ..................... ...............................
4
SEC
5 FEES ......................................................................... ...............................
5
SEC.
6 CONDITIONAL SIGN PERMIT ............................... ...............................
5
SEC.
7 REVOCATION OF PERMITS ................................... ...............................
5
SEC
8 INSPECTION ............................................................. ...............................
5
SEC.
9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS............
6
SEC.
10 INVESTIGATION FEES: WORK WITHOUT A PERMIT........
6
SEC.
11 REMOVAL OF SIGNS .................................. ...............................
6
A . OBSOLETE SIGNS ........................................ ...............................
6
B. UNSAFE, DILAPIDATED OR DETERIORATED SIGNS.........
6
C. SIGNS ON UTILITY POLES ........................ ...............................
6
D. SIGNS IN RIGHT -OF -WAY AND /OR ON PUBLIC PROPERTY
6
E. ILLEGALLY ERECTED SIGNS ................... ...............................
7
F. EXTENT OF SIGN REMOVAL .................... ...............................
7
SEC.
12 FILING OF LIENS AGAINST PROPERTY . ...............................
7
ARTICLE III - APPEALS AND VARIANCES ................................. ...............................
7
SEC
13 APPEALS ....................................................... ...............................
7
SEC.14
VARIANCES .................................................. ...............................
7
ARTICLE IV - GENERAL SIGN PROVISIONS .............................. ...............................
8
SEC.
15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS ......
8
SIGN ORDINANCE
NO. 704 -C
Page
viii
SEC. 16
PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS 8
A .
ATTACHED SIGN ......................................... ...............................
8
B .
MONUMENT SIGN ....................................... ...............................
9
C .
GROUND SIGN ............................................. ...............................
9
SEC. 17
PROHIBITED SIGNS ................................... ...............................
10
A .
GENERAL ..................................................... ...............................
10
B .
OBSCENE SIGNS ......................................... ...............................
10
C.
OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES ...
10
D.
OBSTRUCTING VISION /SIGHT TRIANGLE ..........................
10
E.
INTERFERENCE WITH TRAFFIC ............. ...............................
10
F.
PORTABLE SIGNS ...................................... ...............................
10
G.
CERTAIN ILLUMINATED SIGNS ............. ...............................
10
H.
SIGNS PROJECTING ON /OVER PUBLIC PROPERTY
H.
DIRECTIONAL SIGN .................................. ...............................
OR PUBLIC RIGHT -OF -WAY .................... ...............................
11
I .
ROOF SIGNS ................................................ ...............................
11
J.
SIGNS ON UTILITY POLES ....................... ...............................
11
K.
POLITICAL SIGNS ON PRIVATE PROPERTY .......................
11
ARTICLE V - SPECIFIC SIGN REGULATIONS ........................... ............................... 11
SEC.
18
SPECIFIC SIGN REGULATIONS ............... ...............................
11
SEC.
19
PERMANENT SIGNS REQUIRING PERMIT ...........................
11
A .
BUSINESS SIGN .......................................... ...............................
11
B.
MENUBOARD SIGN ................................... ...............................
11
C.
SUBDIVISION ENTRY SIGN ..................... ...............................
12
D.
BULLETIN BOARD SIGN ........................... ...............................
12
E.
DIRECTORY SIGN ...................................... ...............................
12
F.
INSTITUTIONAL SIGN ............................... ...............................
12
G.
GASOLINE PRICING SIGN ........................ ...............................
12
H.
DIRECTIONAL SIGN .................................. ...............................
13
SEC
20.
PERMANENT SIGNS EXEMPT FROM PERMIT .............................
13
A.
HOME OCCUPATION SIGN ....................... ...............................
13
SEC.
21 TEMPORARY SIGNS REQUIRING PERMIT ..... ...............................
13
A .
BANNER ....................................................... ...............................
13
B.
MODEL HOME SIGN .................................. ...............................
13
C.
SPECIAL PURPOSE SIGN .......................... ...............................
13
D.
DEVELOPMENT SIGN ................................ ...............................
14
SEC.
22 TEMPORARY SIGNS EXEMPT FROM PERMIT ..............................
14
A.
SUBDIVISION MARKETING SIGN ........... ...............................
14
B.
BUILDER SIGN ............................................ ...............................
14
C.
REAL ESTATE SIGN ................................... ...............................
15
D .
WINDOW SIGN ............................................ ...............................
15
SIGN ORDINANCE NO. 704 -C Page ix
SEC. 1 DEFINITIONS
A. GENERAL
ADMINISTRATIVE OFFICIAL The City Manager or his or her designated representative(s).
ALTER To change the size, shape or outline, or type of sign or to change the electrical lighting,
except for the replacement of lamps not brighter than the original or the replacement of a surface
panel.
ATTACH To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or
otherwise mark on an object.
BUILDING A structure which has a roof supported by walls for the shelter, support, or enclosure of
persons, animals, or chattel.
CIVIC ORGANIZATION An organization which offers community programs to citizen, city or civil
affairs groups.
COMMENCEMENT OF WORK For construction of a sign shall be the point in time when the sign
has been delivered to the site and attachment to a building has begun or holes are excavated for
ground installation.
DILAPIDATED OR DETERIORATED CONDITION Any sign which in the opinion of the
Administrative Official has any of the following characteristics:
(a) Where elements of the surface or background can be seen, as viewed from the normal viewing
distance, to have portions of the finished material or paint flaked, broken off, or missing, or
otherwise not in harmony with the rest of the surface; or
(b) Where the structural support or frame members are visibly bent, broken, dented, or torn; or
(c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such
a way as to constitute an unsightly or harmful condition; or
(d) Where the sign or its elements are twisted or leaning or at angles other than those at which it was
originally erected (such as may result from being blown or the failure of a structural support);
or
SIGN ORDINANCE NO. 704 -C Page x
E.
GARAGE/YARD SALE SIGN ..................... ...............................
15
ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS ..... ...............................
15
SEC.
23
EXEMPT SIGNS ........................................... ...............................
15
SEC.
24
NONCONFORMING EXISTING SIGNS .... ...............................
16
SEC
25
SIGN COPY ................................................... ...............................
16
SEC.
26
APPENDICES ............................................... ...............................
16
ARTICLE I - IN GENERAL
SEC. 1 DEFINITIONS
A. GENERAL
ADMINISTRATIVE OFFICIAL The City Manager or his or her designated representative(s).
ALTER To change the size, shape or outline, or type of sign or to change the electrical lighting,
except for the replacement of lamps not brighter than the original or the replacement of a surface
panel.
ATTACH To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or
otherwise mark on an object.
BUILDING A structure which has a roof supported by walls for the shelter, support, or enclosure of
persons, animals, or chattel.
CIVIC ORGANIZATION An organization which offers community programs to citizen, city or civil
affairs groups.
COMMENCEMENT OF WORK For construction of a sign shall be the point in time when the sign
has been delivered to the site and attachment to a building has begun or holes are excavated for
ground installation.
DILAPIDATED OR DETERIORATED CONDITION Any sign which in the opinion of the
Administrative Official has any of the following characteristics:
(a) Where elements of the surface or background can be seen, as viewed from the normal viewing
distance, to have portions of the finished material or paint flaked, broken off, or missing, or
otherwise not in harmony with the rest of the surface; or
(b) Where the structural support or frame members are visibly bent, broken, dented, or torn; or
(c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such
a way as to constitute an unsightly or harmful condition; or
(d) Where the sign or its elements are twisted or leaning or at angles other than those at which it was
originally erected (such as may result from being blown or the failure of a structural support);
or
SIGN ORDINANCE NO. 704 -C Page x
(e) Where the message or wording can no longer be clearly read by a person with normal eyesight
under normal viewing conditions; or
DISTANCE Distance of signs from R.O.W. shall mean the shortest horizontal distance from the
nearest R.O.W. to a vertical line to the ground from the nearest element of the sign or the shortest
horizontal distance in a straight line between the nearest elements of signs.
DONATION BIN - A bin or similar structure used for the collection of clothes or non- perishable food
items.
ERECT To build, construct, attach, hang, place, suspend or affix. This shall also include the
painting of signs on the exterior surface of a building or structure.
FACADE 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.
FUND RAISER An activity that takes place for the sole purpose of raising funds to support
community service organizations, public charities, or non - profit organizations.
GROSS SURFACE AREA OR AREA OF A SIGN Methods of area measurement shall be in
accordance with Appendix'A'.
HEIGHT As applied to a sign, height shall be measured as the vertical distance between the highest
part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the
base of the sign (see Appendix 'A' for clarification).
ILLUMINATION The enhancement of a sign utilizing electric lights, luminous tubes or other similar
means.
LEASE SPACE An area of a building separated internally and intended for use by an individual
tenant.
LOGO Any registered trademark of an organization, individual, company, or product which is
commonly used in advertising to identify that organization, individual, company, or product.
OBSOLETE Any sign which
W for at least 12 continuous months, does not identify or advertise a bona fide business,
lessor, service, owner, product or activity on the premises on which the sign is located;
Q which, if the premises is leased, relates to a tenant and at least two years have elapsed the
the date the most recent tenant ceased to operate on the premises; or
for which no legal owner can be found and relates to a use or purpose that is no longer in
existence.
Memo to City Council 11
01/26/05
OUTDOOR SALES OR SERVICES — The offer or display for sale of any goods, wares, merchandise
or services on private property separate and apart from the main building or at a location where there
is no preexisting principal use. The goods, wares, merchandise or services offered for sale as outdoor
sales or services are normally not offered for sale in the main building on the lot or in association with
the principal use.
PAD SITE A tract, lot, or land lease intended for the single use of a freestanding building typically
adjacent to street R.O.W. and may also be a portion of a tract or lot.
PUBLIC PROPERTY Any property which is owned by a governmental entity. It shall also include
property for which the primary use is for the operations of a governmental entity.
SCULPTED ALUMINUM PANEL An aluminum sign panel with text or graphic depictions cut out
from the panel, typically with a translucent material covering the cut -out from the inner side of the
panel.
SETBACK The distance from the closest portion, whether the support or edge of the sign, to the
right -of -way.
SIGHT TRIANGLE There shall be two different sight triangles as depicted in the Subdivision
Ordinance. One shall be for public and /or private street intersections and the other for the intersection
of private non - single family driveways with public or private streets.
SIGN Every sign, name, number, identification, description, and announcement, declaration,
demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance,
advertising display, poster, beacon, light or insignia, and structure supporting any of the same, affixed
directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a
piece of land, which directs attention to any object, project, service, place, activity, person, institution,
organization, or business.
SIGN, ATTACHED Any sign attached to, applied on, or supported by any part of a building
(including canopy fascia, walls and awnings) which encloses or covers usable space.
SIGN, BANNER A temporary sign made of cloth, flexible plastic or canvas material.
SIGN, BUILDER A temporary on -site sign identifying the builder or general contractor of a
residential construction site.
SIGN, BULLETIN BOARD A permanent on -site sign providing public information to the residential
subdivision within which it is located.
SIGN, BUSINESS A permanent on -site sign that is used to identify a business, profession,
organization, institution, service, activity or other nonresidential use conducted, sold or offered on the
site where such sign is located. This sign may also identify the name of the site or development or
may identify the occupants within the site or development.
Memo to City Council 12
01/26/05
SIGN, DEVELOPMENT A temporary on -site sign providing identification or information pertaining
to a residential or commercial development to include the builder, property owner, architect,
contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall
not include a subdivision marketing sign.
SIGN, DIRECTIONAL A permanent on -site sign intended to aid in vehicular movement on the site.
SIGN, DIRECTORY A permanent on -site sign providing direction to or identifying the buildings in
the development.
SIGN FACE The surface of one side of a sign. For a monument sign, the sign face shall include the
sign structure (excluding base).
SIGN, GARAGE/YARD SALE A temporary sign intended to advertise garage sales or yard sales.
SIGN, GASOLINE PRICING A permanent on -site sign which displays the price per gallon of fuel
sold by that business, and which may be periodically changed to reflect changes in fuel prices.
SIGN, GOVERNMENT A sign erected by or on behalf of a federal, state or local government or an
agency thereof.
SIGN, GROUND Any sign connected to the ground by legs, poles, or other supports and which is
not an attached, portable, monument, or vehicular sign.
SIGN, INSTITUTIONAL A permanent on -site sign used to identify governmental and municipal
agencies, public schools, churches, or similar public institutions, and used to communicate messages
of public importance to the general public.
SIGN, MENUBOARD A permanent on -site sign which displays a menu and pricing for food
services and may include an audible speaker and microphone integral to the sign.
SIGN, MODEL HOME A temporary real estate sign identifying a homebuilder's model home open
for inspection.
SIGN, MONUMENT Any sign which is connected to the ground and which has no clear space for
the full width of the sign between the bottom of the sign and the surface of the ground.
SIGN, OFF -SITE A sign which directs attention to a business, commodity, service, good, product, or
entertainment not related to the site upon which such sign is located or to which it is affixed.
SIGN, ON -SITE Any sign, the content of which relates to the site on which it is located, referring
exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the
sale, lease, or construction of those sites.
Memo to City Council 13
01/26/05
SIGN, POLITICAL A type of off -site sign which refers only to the candidates or issues involved in a
political election.
SIGN, PORTABLE Any sign which is not attached or affixed to the ground, a building, vehicle, or
other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids,
and similar mobile structures.
SIGN, READERBOARD (electronic) A sign that utilizes alternating electronic data control
components.
SIGN, READERBOARD (manual) A sign comprised of non - permanent letters, numerals or
symbols, which allows a change of sign copy by adding, removing or rearranging said letters, symbols
or numerals.
SIGN, REAL ESTATE A temporary sign intended to advertise real estate for sale or lease.
SIGN, SPECIAL PURPOSE A temporary sign that is either on -site or off -site that provides
identification or information pertaining to a special event or occurrence sponsored by a non - profit or
civic organization.
SIGN, SUBDIVISION ENTRY Any permanent on -site sign identifying a residential subdivision.
SIGN, SUBDIVISION MARKETING A temporary sign used to market or advertise residential
subdivisions within the City and to direct interested persons to the subdivision location.
SIGN, TEMPORARY Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or
other like materials, with or without frames, and any type sign not permanently attached to the ground,
wall, or building, intended to be displayed for a short period of time only.
SIGN, VEHICULAR Any sign which is affixed to a vehicle.
SIGN, WINDOW Any sign
laeafed within two feet (2') of the window, of any . Any sign located on the internal
and /or external surface of the window, or is located within five feet (5') of the window, of any
establishment.
SITE A lot, tract or pad site.
TEMPORARY STRUCTURE A structure without any foundation or footings.
ARTICLE II - ADMINISTRATION
SEC. 2 RESPONSIBILITY FOR ENFORCEMENT
Memo to City Council 14
01/26/05
It is the responsibility of the Administrative Official to interpret and administer the requirements of
this ordinance.
SEC. 3 SIGN PERMIT REQUIRED
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 owned or controlled by him without first
obtaining a permit to do so from the City of Southlake, except as hereinafter provided. No sign permit
shall be released until after the building permit for the principal building on the site has been issued,
except as hereinafter provided.
SEC. 4 APPLICATION FOR SIGN PERMIT
Application for a permit shall be made as required by this ordinance and the following information
shall be submitted as separate documents:
a. Application form shall be completed.
b. General plan that illustrates:
- Location of the building, structure, or tract to which or upon which the sign is to be attached or
erected.
- Position of the sign in relation to rights -of -way, easements, buildings, structures, existing signs, etc.
C. Sign drawing that illustrates height, length, width, and all other dimensions associated with the
sign.
d. Letter from owner of the property stating that the applicant has permission to erect such signs.
SEC. 5 FEES
A. All fees for sign permits shall be in accordance with the current fee schedule adopted by the City
Council.
B. An annual renewal fee for applicable temporary signs shall be determined in accordance with the
current fee schedule adopted by the City Council.
SEC. 6 CONDITIONAL SIGN PERMIT
A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or
signs may be approved pursuant to this section under a conditional sign permit approved by the City
Council. The purpose of this section is to allow for a specialized review of signs which may not be
appropriate generally without certain restrictions, but which, if controlled as to the number, size,
height, color, location, lighting, or relation to adjacent properties, would promote the health, safety,
and welfare of the community. Conditional permitting of signs shall not be based upon the content of
the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on
adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the
number, size, height, color, location, lighting, and other potentially unfavorable impacts.
B. APPLICATION: An application for a conditional sign permit shall be submitted to the
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Administrative Official and shall include all documents as required by Section 4 of this ordinance.
Additionally, the applicant shall submit construction plans drawn by a registered professional engineer
or architect in the State of Texas and also provide renderings of the particular sign types, facades,
materials, compositions, dimensions, lighting, and colors.
C. FEES: Fees for conditional sign permits shall be determined in accordance with the current fee
schedule adopted by the City Council.
D. ANNUAL RENEWAL FEES: An annual renewal fee for applicable temporary conditional signs
shall be determined in accordance with the current fee schedule adopted by the City Council.
SEC. 7 REVOCATION OF PERMITS
The Administrative Official may suspend or revoke any permit issued under the provisions of this
ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or
false information supplied, or whenever such permit is issued in violation of any of the provisions of
this ordinance or any other ordinance of this City or laws of this state or the federal government. Such
suspension or revocation shall be effective when communicated in writing to the person to whom the
permit is issued, the owner of the sign, or the owner of the site upon which the sign is located. Upon
such revocation, all construction related to the revoked permit shall cease.
A person may appeal the revocation of the sign permit to the City Council by filing an appeal in
accordance with this ordinance. The City Council shall affirm, reverse, or modify the suspension or
revocation and such decision shall be final.
Upon final determination that the permit is properly revoked, any portion of the sign in place as a
result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site
on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance.
SEC. 8 INSPECTION
The Administrative Official shall periodically inspect each sign regulated by this ordinance for the
purpose of ascertaining whether the same is obsolete and whether it is in need of removal or repair.
SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS
If the work authorized by a permit issued under this ordinance has not been commenced within one
hundred eighty (180) days after the date of issuance, the permit shall become null and void.
SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT
A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been
commenced or completed without first obtaining a permit, a special investigation shall be made before
Memo to City Council 16
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a permit may be issued for such work.
B. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is
then subsequently issued. The investigation fee shall be equal to the amount of the permit fee
required by this ordinance.
SEC. 11 REMOVAL OF SIGNS
A. OBSOLETE SIGNS. Any sign, which the Administrative Official determines to be obsolete, shall
be removed by the permit holder, owner of the sign or owner of the site on which the sign is located.
For temporary signs, the sign must be removed as noted on the sign permit application or within three
(3) days after receiving written notification to do so from the Administrative Official. For permanent
signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site on which
the sign is located within a reasonable time period as determined by the Administrative Official.
Upon failure to comply with such notice or to file an appeal of the decision in accordance with this
ordinance, the Administrative Official is authorized to cause the removal of such sign, and any
expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on
which the sign is located.
B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Administrative Official
determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written
notice to remove or replace (in accordance with this ordinance) said sign to the person or persons
responsible for such sign. If the permit holder, owner of the sign or owner of the site on which the
sign is located fails to remove or repair the sign within ten (10) days after such notice or to file an
appeal of the decision in accordance with this ordinance, the Administrative Official is hereby
authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate
removal, without notice, of any sign or portion of a sign which is determined by the Administrative
Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense
incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner
of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the
sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and
welfare.
C. SIGNS ON UTILITY POLES. Any sign that is erected, constructed or otherwise attached to a
utility pole located upon any public right of way or utility easement may be removed by City
personnel. The permit holder, owner of the sign or owner of the site on which the sign is located shall
be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the
City unless the permit holder or owner satisfactorily establishes that such sign was not placed in the
right -of -way by the owner of such sign or by any authorized agent, representative, or employee of said
owner. Any such sign removed by City personnel may be held for a period of seventy -two (72) hours
and upon expiration of such time may be disposed. The City is not required to notify the permit
holder or owner of the sign that it has been picked up or that disposal of the sign is imminent.
D. SIGNS IN RIGHT -OF -WAY AND /OR ON PUBLIC PROPERTY: Any sign that is erected,
constructed or otherwise located within or upon public right -of -way or on public property may be
Memo to City Council 17
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removed by City personnel and the permit holder or owner of such sign shall be charged a sign
recovery fee in accordance with the city fee schedule to recover such sign from the City. No such fee
shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed
in the right -of -way by the permit holder or owner of such sign or by any authorized agent,
representative or employee of said owner. Any such sign removed by City personnel may be held for
a period of seventy -two (72) hours and upon expiration of such time may be disposed. The City is not
required to notify the permit holder or owner of the sign that it has been picked up or that disposal of
the sign is imminent.
E. ILLEGALLY ERECTED SIGNS: Any temporary sign that is erected, constructed or otherwise
displayed, which the Administrative Official determines to be in direct violation of this ordinance,
may be removed by City personnel. The permit holder, owner of the sign or owner of the site on
which the sign is located shall be charged a sign recovery fee in accordance with the city fee schedule
to recover such sign from the City. Any such sign removed by City personnel may be held for a
period of seventy -two (72) hours and upon expiration of such time may be disposed. The City is not
required to notify the permit holder or owner of the sign that it has been picked up or that disposal of
the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of
the sign, or owner of the site on which the sign is located within a reasonable time period as
determined by the Administrative Official. Upon failure to comply with such notice or to file an
appeal of the decision in accordance with this ordinance, the
Administrative Official is authorized to cause the removal of such sign, and any expense incident
thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is
located.
F. EXTENT OF SIGN REMOVAL: The Administrative Official shall determine to what extent the
elements of the sign must be removed to comply with this section. This may include any of the
following, but is not limited to the following:
1. SIGN COPY: Removal of the text or copy portion of the sign.
2. SIGN BOX: Removal of the portion of the sign excluding the structural support of the sign.
3. ENTIRE SIGN: Removal of all structural elements of the sign.
SEC. 12 FILING OF LIENS AGAINST PROPERTY
The city is authorized to file a lien against any property which is not otherwise exempt to recover
expenses incurred by the city for the removal of a sign or portion of a sign from the property, pursuant
to Section 11.F.
ARTICLE III - APPEALS AND VARIANCES
SEC. 13 APPEALS
Any decision rendered by the Administrative Official under this ordinance may be appealed to the
City Council by any person, agent, or representative affected by such decision. Such appeal must be
Memo to City Council 18
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received within ten (10) days after the placement of a letter in the U.S. mail addressed to the address
on the permit or the address of the current owner of record in the County tax records which states the
written decision which has been rendered by the Administrative Official- Such appeal shall be filed in
writing with the Administrative Official specifying the grounds on which the appeal is based. The
Administrative Official shall forthwith transmit to the City Council all documents pertaining to the
appealed action. The City Council shall hear the appeal at a City Council meeting as soon as
practicable thereafter to determine whether the decision of the Administrative Official was in
accordance with all ordinances and regulations. The decision of the City Council shall be final.
SEC. 14 VARIANCES
The City Council may authorize variances to any restriction set forth in this ordinance, including but
not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the
sign permitting process. In granting any variance, the City Council shall determine that a literal
enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the
applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the
affected property and is not self - imposed, that the variance will not injure and will be wholly
compatible with the use and permitted development of adjacent properties, and that the granting of the
variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request
a variance from the Sign Ordinance by filing the request with the Administrative Official. Any
request for variance shall be accompanied by a completed application and a non - refundable filing fee
in the amount specified in the current fee schedule adopted by City Council.
ARTICLE IV - GENERAL SIGN PROVISIONS
SEC. 15 WIND PRESSURE AND DEAD LOAD REOUIREMENTS
All signs shall be designed and constructed to withstand a wind pressure of not
less than thirty (30) pounds per square foot of area and shall be constructed to
receive dead loads as required by the Uniform Building Code. The sign permit
application must include a statement signed by the applicant which states
compliance with this requirement.
SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS
A. ATTACHED SIGN
GENERAL: Unless otherwise specifically provided, the regulations set forth in this
subsection shall be applicable to all attached signs which are allowed under this ordinance.
Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility
poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting
of signs on buildings shall be prohibited except for signs less than a three (3) square foot area
used for building identification.
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2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters
or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be
based on the following criteria:
Distance From R.O.W. *
Less than 100 ft.
101 -150 ft.
151 - 200 ft.
201 - 250 ft.
251 - 300 ft.
301 and greater
Maximum Letter/Lo.
12 inches
18 inches
24 inches
30 inches
36 inches
42 inches
* - For any lease space which does not front on a street, the maximum letter /logo height shall
be based on the distance from the vehicular driveway access (see Appendix `B' for further
clarification).
MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space
not to exceed 400 square feet (see Appendix 'A' for further clarification).
4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each
street frontage on any site, unless otherwise specifically provided in this ordinance. A
secondary sign may be permitted at a public entrance, provided the entrance is on another side
of the building, but shall be limited to twenty -five percent (25 %) of the primary or permitted
sign size, whichever is more restrictive. The six (6) inch minimum letter /logo height will not
apply to these secondary signs. No more than two (2) attached signs shall be allowed per
lease space. Attached signs shall be located within the first story of the main exterior entrance
for a building or lease space (see Appendix `B' for further clarification).
5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent
(75 %) of the width of any building or lease space. In the event the lease space facade is
horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any
single plane facade (see Appendix 'B' for further clarification).
6. ROOF LINE LIMITATIONS: In no case shall an attached sign proj ect above the roof line of
any building, except those attached to parapet walls and the sign may not extend above the
parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than
the predominant letter height (see Appendix B' for further clarification). Signs may be
attached to a continuous plane fascia, if the sign does not extend above or below the proj ection
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 (See Appendix B' for further clarification).
7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting.
Exterior letters with exposed neon lighting are not allowed.
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8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18 ") from the
building, excluding signs attached to canopies.
9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other
than the main front of the building) which faces property zoned for single - family residential
uses if the sign is within one hundred fifty feet (150') of the property line of said residential
property.
B. MONUMENT SIGN
1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this
subsection shall be applicable to all monument signs which are allowed under this ordinance.
2. MINIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos
shall be six (6) inches.
3. MAXIMUM HEIGHT: Four (4) feet, excluding monument base and sign structure. The
monument base may be an additional eighteen (18) inches in height measured from ground
level at the center of the base to the top of the base. The sign structure shall not exceed five
(5) feet.
4. MAXIMUM AREA: One hundred (100) square feet per sign with a maximum area per sign
face of fifty (50) square feet. The maximum area for the sign structure shall not exceed
seventy (70) square feet (see Appendix 'A' for measurement criteria).
5. NUMBER OF SIGNS: Only one monument sign, excluding menuboard signs, shall be
allowed along each street frontage on any site, unless otherwise specifically provided in this
ordinance. Monument signs may be no closer than five hundred (500) feet on any one site.
6. MINIMUM SETBACK: Fifteen (15) feet from any property line.
7. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed of the same
masonry material as the front building facade on the same site or shall be stone or brick. The
sign structure must be constructed or covered with the same masonry material as the principal
building, or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and
graphic elements shall be limited to a minimum of six (6) 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
structure are not visible from public R.O.W.
C. GROUND SIGN
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1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this
subsection shall be applicable to all ground signs.
2. MINIMUM SETBACK: Fifteen (15) feet from any property line.
3. MAXIMUM HEIGHT: Three feet (3')
4. MAXIMUM AREA: Eight (8) square feet with a maximum of four (4) square feet per sign
face.
5. NUMBER OF SIGNS: One (1) sign per site.
SEC. 17 PROHIBITED SIGNS
A. GENERAL
Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited.
B. 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 a prurient interest in sex, or is patently offensive because it affronts community
standards relating to the description or representation of sexual matters, and is utterly without
redeeming social value.
C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES
No person shall erect or display on any site any sign which prevents free ingress to or egress from any
door, window, or fire escape.
D. 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 at any location, street, intersection, or driveway. All signs placed at any intersection shall
prevent such problem by observing a sight triangle as provided for in Section 1, 'Definitions."
E. INTERFERENCE WITH TRAFFIC
No person shall erect or display on any site any sign 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. Nor shall any person 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, without limitation, signs
making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase,
symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a manner
Memo to City Council 22
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as to cause confusion or otherwise interfere with vehicular or pedestrian traffic.
F. PORTABLE SIGNS
No person shall erect or display on any site any portable sign.
G. CERTAIN ILLUMINATED SIGNS
No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or
brightness to a degree that it constitutes a hazard or nuisance to traffic. Moving, flashing,
intermittent lighted, changing color, revolving, or similarly constructed signs shall not be
allowed.
2. No lighted sign shall be erected or displayed within one - hundred fifty (150) feet of a single -
family residentially zoned property unless the lighting is shielded from view of the
residentially zoned property and indirect light does not exceed 1/2 lumen measured from any
property line of the residentially zoned property.
H. SIGNS PROJECTING ON /OVER PUBLIC PROPERTY OR PUBLIC RIGHT -OF -WAY
It shall be prohibited to erect or display any type of sign on or over public right -of -way (ROW) or
other public property, unless the same be erected by the City, County, State or other authorized
governmental agency, or with the permission of the City, for public purposes.
I. ROOF SIGNS
Any sign erected on a vertical framework supported by and located immediately and entirely over the
roof of a building is prohibited. Any sign attached to a fascia extending above the projection of the
fascia shall be prohibited. The painting or otherwise affixing of signs on a roof is prohibited.
J. SIGNS ON UTILITY POLES
No person shall erect or display any sign on any utility pole located upon any public right -of -way or
utility easement.
K. POLITICAL SIGNS ON PRIVATE PROPERTY
A person commits an offense if the person displays a political sign on private property unless the
person has the permission of the property owner and the sign:
1. is not more than eight feet high;
2. has an effective area less than 36 feet;
Memo to City Council 23
01/26/05
3. is not illuminated;
4. does not have any moving elements; and
5. is not generally available for rent or purchase and /or designed to carry commercial advertising
or other messages that are not primarily political.
ARTICLE V - SPECIFIC SIGN REGULATIONS
SEC. 18 SPECIFIC SIGN REGULATIONS
This article regulates the type of sign structure allowed for each type of sign permitted by this
ordinance. Each of the signs identified in this article is subject to the general sign provisions set forth
in Article IV except where modifications to the general regulations are noted.
SEC. 19 PERMANENT SIGNS REQUIRING PERMIT
Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all
of the following signs.
A. BUSINESS SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or monument -
2. MODIFICATIONS TO GENERAL REGULATIONS: None
B. MENUBOARD SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM LETTER/LOGO HEIGHT: Not applicable
b. MAXIMUM HEIGHT: Six feet (6').
C. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be allowed per
sign.
d. MAXIMUM NUMBER OF SIGNS: No more than two (2) signs per site.
e. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear
of the principal building. If two (2) signs are erected, signs must be at least eighteen
(18) feet apart.
f ILLUMINATION: Internal lighting may be utilized for sign panel.
C. SUBDIVISION ENTRY SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM HEIGHT: Attached sign may not project above top of wall
b. MAXIMUM AREA: Thirty-two (32) square feet for attached sign
C. MAXIMUM NUMBER OF SIGNS: One (1) monument sign or two (2) attached wall
plaque signs (not a combination thereof) per street entrance
d. PLACEMENT OF SIGN: Monument sign may be located on median at street
entrance if approved by City Council on Concept Plan, in developer's agreement, or
Memo to City Council 24
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by a separate application.
D. BULLETIN BOARD SIGN
1. PERMITTED SIGN STRUCTURE: Attached, monument and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM LETTER / LOGO HEIGHT: Not applicable
b. MAXIMUM HEIGHT: Six (6) feet
C. MAXIMUM AREA: Eighteen (18) square feet. Only one face allowed per sign.
d MAXIMUMNUMBER OFSIGNS. One (])per subdivision entrance, not to
exceed two (2) per subdivision
e. MINIMUM SETBACK• Not applicable
f: LOCATION WHERE ALLOWED: No closer than one - hundred (100) feet
from an arterial. Sign must be located on designated common area and
maintained by the home owner's association.
g. MATERIAL REQUIREMENTS. Bulletin board must have a lockable
covering. Masonry requirement shall not apply.
E. DIRECTORY SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM SETBACK: Seventy -five (75) feet from drive entrance at right -of -way.
b. MAXIMUM NUMBER OF SIGNS: One (1) sign per street entrance.
C. RESIDENTIAL ADJACENCY: Not applicable
d. LOCATIONS WHERE ALLOWED: Only distance measurements shall apply.
F. INSTITUTIONAL SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. GENERAL:
i. Sign must be integral to the permitted sign for the site.
ii. Messages on readerboards, whether electronic or manual, may not scroll, flash,
or change more frequently than once a day.
iii. Manual readerboard signs using alphabetical lettering must have a lockable
covering.
b. MAXIMUM AREA: Readerboard display cannot exceed two - thirds (2/3) of the
permitted gross surface area per face of the sign, excluding monument sign border.
C. ILLUMINATION: Internal illumination may be utilized for sign panel.
G. GASOLINE PRICING SIGN
1. PERMITTED SIGN STRUCTURE: Monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. GENERAL:
i. Sign must be integral to the permitted sign for the site.
ii. Price - per - gallon display, whether electronic or manual, may not scroll, flash,
or change more frequently than once a day.
Memo to City Council 25
01/26/05
b. MINIMUM LETTER HEIGHT: Not applicable for the fuel classification (i.e.
"Unleaded ", "Diesel ", etc.) and the price - per - gallon display.
C. MAXIMUM AREA: Price - per - gallon display cannot exceed two - thirds (2/3) of the
permitted gross surface area per face of the sign, excluding monument sign border.
d. NUMBER OF SIGNS: One (1) per site.
e. ILLUMINATION. • Internal illumination may be utilized for fuel
classification and price per- gallon panels only.
H. DIRECTIONAL SIGN
1. PERMITTED SIGN STRUCTURE: Monument
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM HEIGHT: Three (3) feet
b. MAXIMUM AREA: Eight (8) square feet with a maximum of four (4) square feet per
sign face.
C. NUMBER OF SIGNS: Maximum of two (2) signs per site.
SEC. 20 PERMANENT SIGNS EXEMPT FROM PERMIT
A permit shall not be required for the following signs:
A. HOME OCCUPATION SIGN
1. PERMITTED SIGN STRUCTURE: Attached
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM LETTER / LOGO HEIGHT: Not applicable
b. MAXIMUM AREA: One (1) square foot
C. MAXIMUM NUMBER OF SIGNS: One (1)
d. LOCATIONS WHERE ALLOWED: Any sign must be non - illuminated and mounted
flat against the wall at the entrance of the home occupation.
SEC. 21 TEMPORARY SIGNS REQUIRING PERMIT
A permit shall be required for the following signs:
I_ 1 ►1 \0X
1. PERMITTED SIGN STRUCTURE: Attached
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: 0.5 squafe feet fk3f evefy one feet of width of buildifig of leftse
0.5 square feet for every one foot of width
of building or lease space not to exceed thirty -two (32) square feet.
b. MAXIMUM NUMBER OF SIGNS: One (1) per site
C. DURATION: Maxiffluffi fifteen (15) days, twiee pef ealeiidaf yeaf with a si-ay (60)
day sepafafion between pefmits. Maximum ten (10) days, twice per calendar year with
a sixty (60) day separation between permits.
B. MODEL HOME SIGN
1. PERMITTED SIGN STRUCTURE: Monument and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
Memo to City Council 26
01/26/05
a. MAXIMUM HEIGHT: Five (5) feet for ground signs
b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty -two (32)
square feet per sign face
C. MAXIMUM NUMBER OF SIGNS: One (1) sign per builder per subdivision
d. MATERIAL REQUIREMENTS: Not applicable
C. SPECIAL PURPOSE SIGN
1. PERMITTED SIGN STRUCTURE: Attached and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM HEIGHT: Nine (9) feet for ground signs
b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty-two
(32) square feet per sign face
C. MAXIMUM NUMBER OF SIGNS: Six (6) total per event or occasion, not to exceed
five (5) off -site signs and one (1) on -site sign
d. PLACEMENT TIME: Twenty -one (21) days, must be removed within three (3) days
after termination of the event. No more than twice a year.
e. MATERIAL REQUIREMENTS: Not applicable
f. RESIDENTIAL ADJACENCY: Not applicable
D. DEVELOPMENT SIGN
1. PERMITTED SIGN STRUCTURE: Monument and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM HEIGHT: Five (5) feet
b. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty -two
(32) square feet per sign face
C. MAXIMUM NUMBER OF SIGNS: One (1) per site
d. DURATION: Sign may be installed at any time after the issuance of the building
permit for a commercial development or approval of the developer's agreement for a
residential subdivision. The sign must be removed within one (1) year or upon the
issuance of a certificate of occupancy for a commercial development and upon the
issuance of a certificate of occupancy on seventy -five percent (75 %) of the lots within
the subdivision for a residential subdivision.
e. MATERIAL REQUIREMENTS: Not applicable
SEC. 22 TEMPORARY SIGNS EXEMPT FROM PERMIT
A permit shall not be required for the following signs:
A. SUBDIVISION MARKETING SIGN
1. PERMITTED SIGN STRUCTURE: Ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM NUMBER OF SIGNS: One (1) sign for every twenty (20) platted and
unoccupied lots, not to exceed a total of four (4) signs
b. LOCATION OF SIGNS: No sign may be placed closer than fifty feet (50') from an
intersecting R.O.W.
C. MINIMUM SETBACK: Not applicable
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d. PLACEMENT TIME: 12:00 noon Friday to 5:00 a.m. Monday, prohibiting placement
between 4:00 p.m. and 8:00 p.m. Friday and prohibiting pickup prior to 7:00 p.m.
Sunday.
e. DURATION: Signs may be placed upon subdivision approval. The signs shall be
valid for one (1) year from subdivision approval or upon issuance of a certificate of
occupancy on seventy -five percent (75 %) of the lots.
B. BUILDER SIGN
1. PERMITTED SIGN STRUCTURE: Ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
DURATION: Signs may only be placed after issuance of a building permit and must
be removed upon the issuance of a certificate of occupancy.
MINIMUM SETBACK: Not applicable
C. REAL ESTATE SIGN
1. PERMITTED SIGN STRUCTURE: Attached, monument, and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM LETTER / LOGO HEIGHT: Not applicable
b. MAXIMUM HEIGHT: Five (5) feet above grade for ground signs; below roof line for
attached
C. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty-two (32)
square feet per sign face
MAXIMUM NUMBER OF SIGNS: One (1) per site
MINIMUM SETBACK: Not applicable for ground signs four (4) square feet or less
per face in area
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B. BUILDER SIGN
1. PERMITTED SIGN STRUCTURE: Ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
DURATION: Signs may only be placed after issuance of a building permit and must
be removed upon the issuance of a certificate of occupancy.
MINIMUM SETBACK: Not applicable
C. REAL ESTATE SIGN
1. PERMITTED SIGN STRUCTURE: Attached, monument, and /or ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MINIMUM LETTER / LOGO HEIGHT: Not applicable
b. MAXIMUM HEIGHT: Five (5) feet above grade for ground signs; below roof line for
attached
C. MAXIMUM AREA: Sixty -four (64) square feet with a maximum of thirty-two (32)
square feet per sign face
MAXIMUM NUMBER OF SIGNS: One (1) per site
MINIMUM SETBACK: Not applicable for ground signs four (4) square feet or less
per face in area
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be allowed within two feet of the window b b b
3. PERMITTED SIGN STRUCTURE: Window Sign (as defined in Section LA)
4. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: Window signs may not obscure more than ten percent (10 %) of
the window area per each individual window not to exceed eight (8) square feet,
measured and located within ten (10) vertical feet from the at -grade exterior entrance
to the building or the lease space. The area of the sign shall be measured by the
smallest box that could be drawn around the continuity of the sign (see Appendix `B'
for further clarification).
b. ILLUMINATION: No illuminated window signs shall be allowed except for
open /closed signs.
E. GARAGE/YARD SALE SIGN
1. PERMITTED SIGN STRUCTURE: Ground
2. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM NUMBER OF SIGNS: Four (4) per sale; not more than three (3) off -site
signs, with only one (1) off -site sign per sale along any one (1) of the numbered
highways (1709, 1938, 114); all signs must display the street address of sale
b. MINIMUM SETBACK: Not applicable
C. PLACEMENT TIME: 12:00 noon Thursday to 12:00 noon Monday or on any legal
holiday
d. FREQUENCY LIMITATION: Not to exceed twice per year
ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS
SEC. 23 EXEMPT SIGNS
The following signs are exempted from the requirements of this ordinance:
A. Vehicular signs, unless the sign is used or intended to be used as an on -site or off -site sign. It shall be
prima facie evidence that a sign is used as an on -site or off -site sign if a vehicle is parked at the same
location for a continuous period exceeding seventy -two (72) hours. No person shall attach any sign to
a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base
for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit
identification signs on vehicles used for business purposes, nor shall it be interpreted to prohibit
bumper stickers.
B. Warning and security signs.
C. Government signs and signs for non - profit organizations sponsored by government including flags,
insignia, legal notices, informational, directional, and traffic signs which are legally required or
necessary to the essential functions of government agencies.
D. "No Dumping" and "No Trespassing" signs.
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E. Signs in public parks placed inside ballfield fencing by the City, which are intended for advertising to
raise funds for recreation programs which have copy on only one face with the copy facing toward the
interior of the field.
F. Signs attached to a temporary structure utilized specifically for outdoor sales or services or any other
signs which are approved in a specific use permit authorizing the outdoor sales or services.
F. Signs attached to a donation bin.
G. Signs associated with fund raisers /sales, provided that the activity is an authorized accessory use
as defined in Zoning Ordinance 480.
SEC. 24 NONCONFORMING EXISTING SIGNS
All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their
present form, but no such signs shall be altered or moved unless a permit is issued pursuant to the
provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed
only if the applicant complies with all provisions of this ordinance.
Any legal, non - conforming sign which has been substantially destroyed or dismantled for any purpose
other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is
more than 60% of the cost of erecting a new sign of the same type at the same location. Under this
provision, the sign shall be removed and a permit shall be required to erect a new sign.
SEC. 25 SIGN COPY
Notwithstanding anything contained herein to the contrary, any sign authorized in this ordinance is
allowed to contain non - commercial (ideological) copy in lieu of any other copy.
SEC. 26 APPENDICES
It is anticipated that the following appendices will be changed periodically by the Administrative
Official, upon approval by the City Council, in response to changes in the administration of this
ordinance.
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SELECTED GRAPHIC CLARIFICATIONS
Section 16.A.6 —Signs maybe attached to a continuous plane fascia provided the sign does not extend above or below the projection
of the fascia. Such signs are only allowed when attached to structural canopy supported to the ground by columns constructed of
similar masonry material as the primary structure.
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5. PERMITTED SIGN STRUCTURE: Window Sign (as defined in Section 1.A)
6. MODIFICATIONS TO GENERAL REGULATIONS:
a. MAXIMUM AREA: Window signs may not obscure more than ten percent (10 %) of the window area per
each individual window not to exceed eight (8) square feet, measured and located within ten (10) vertical
feet from the at -grade exterior entrance to the building or the lease space. The area of the sign shall be
measured by the smallest box that could be drawn around the continuity of the sign.
b. ILLUMINATION: No illuminated window signs shall be allowed except for open /closed signs.
WINDOW AREA: 108 s.f. (9'x 12')
MAXIMUM ALLOWED WINDOW SIGN AREA:
8 s.f. (10% of 108 s.f. = 10.8 s.f., max of 8 s.f.)
MEASURED WINDOW SIGN AREA SHOWN:
8 s.f. (1' -4" x 6')
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