HomeMy WebLinkAbout1667 11-23-2004ORDINANCE NO. 1667
AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED
DEVELOPMENT CODE" OF THE CODE OF
ORDINANCES OF THE CITY OF EULESS, TEXAS;
REPEALING THE CURRENT ARTICLE VI "SIGNS AND
STREET GRAPHICS REGULATIONS" AND REPLACING
SAME WITH A NEW ARTICLE VI "SIGNS AND STREET
GRAPHICS REGULATIONS "; REPEALING SECTION 84-
447 "RIGHTS OF WAY AND EASEMENT USAGE
REQUIREMENTS "; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, city staff has performed a comprehensive review and revision of the
city's current sign regulations; and
WHEREAS, it is the desire of the Euless City Council to adopt these revised sign
regulations as a new Article VI contained in Chapter 84 "Unified Development Code" of
the Code of Ordinances; and
WHEREAS, the city council has heretofore adopted new right -of -way provisions
in the Euless Code of Ordinances, specifying requirements for the use of city rights -of-
way and easements, and
WHEREAS, because of the adoption of the new right -of -way ordinance, the
provisions now contained in Section 84-447 of the Euless Code of Ordinances have
been superceded and are no longer necessary; and
WHEREAS, the city council of the City of Euless finds and determines that the
amendments made hereby will promote the health, safety and general welfare of the
citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT Chapter 84 "Unified Development Code" of the Code of Ordinances of the
City of Euless, Texas, be hereby amended by repealing Article VI "Signs and Street
Graphics Regulations ", and the replacement thereof with the new Article VI "Signs
and Street Graphics Regulations" set forth hereinafter.
ARTICLE VI. SIGNS AND STREET
GRAPHICS REGULATIONS
DIVISION 1. GENERALLY
Sec. 84 -230. Purpose and intent.
The purpose of this section is to represent a comprehensive, balanced system of street
graphics and signs that create safe, easy to understand and aesthetically pleasing
communication. To meet this purpose these regulations authorize the use of street
graphics and signs which are reflective of the community's aesthetics as a whole, are
compatible with their surroundings, while allowing the expression of the identity of
individual proprietors, appropriate to the type of activity to which they pertain, and
legible in the environment in which they are seen. Specific objectives are:
1. Preserve and enhance the city's own unique set of visual aesthetics which will
attract potential residents, commercial customers, and tourists to the area because
of the community's overall appearance: and,
2. Enhance the visibility and effectiveness of all signs through the elimination of
clutter and redundancy; and,
3. Eliminate and lessen the confusion, unsightliness or visual obscurity of adjacent
properties that could be created; and,
4. Recognize and appreciate the value of advertising and signage to a successful
business climate.
Sec. 84 -231. Applicability.
All signs within the city limits of Euless shall be subject to the following regulations. The
provisions apply to the location, size, use, number and placement of signs and shall
otherwise be considered supplementary to the city codes and ordinances pertaining to
the erection, maintenance and operation of signs in the city. Any other codes and
ordinances found elsewhere in the Comprehensive Code that are in direct conflict with
these provisions are hereby repealed.
Sec. 84 -232. Definitions
The following words and phrases contained in this section shall apply with respect to
this article.
Advertising Matter: The placement on, or anchoring of or suspension from any building,
pole sign, sidewalk, parkway, driveway, lawn, area or parking area of any goods, wares,
merchandise or other advertising object which is, but not limited to, light, inflatable
objects, pennants, or flags for the purpose of calling attention to the area or business
erecting such devices.
Balloon: A non porous, flexible devise capable of being inflated and used as advertising
matter.
Decorative flag: A flag or banner that contains no name, initials, logos, insignia or
similar items and is used primarily to attract attention or convey a message.
Flag: A piece of cloth or fabric typically rectangular in shape, of a distinctive color and
design inclusive of a logo, used as a symbol, a standard or signal to attract attention.
Exemptions to this are federal, state, municipal flags.
Logo: A design or insignia of an organization, individual, company or product which is
commonly used in advertising to identify that organization, individual, company or
product.
Off premise sign: A sign which advises the general public of goods and services
available at a remote location from the parcel where the sign is located.
On premise sign: A sign which advises the general public of goods and services
available on the lot where the sign is located.
Pennant. A device typically made of a lightweight plastic, fabric or other material usually
triangular in shape and attached to a single cord.
Preformed sign faces. Any sign that is fabricated at another site whose message is not
designed to change. Such signs include, but are not limited to, plastic or fabric signs
that may be supported by a frame and may be illuminated from within.
Roadway type: Roadway type shall be defined as per the latest adopted thoroughfare
plan of the city and are specifically listed here. Thoroughfares are divided up into the
following:
1. Freeways shall include those roadways which are classified as federally aided
primary highways. These are more specifically described as S.H. 183, S.H. 121
and S.H. 360.
2. Major arterials shall include those roadways whose primary function is to carry
multi - jurisdictional traffic and, for the purpose of this chapter, are hereby
specifically limited to S.H. 10, FM 157, and Mid - Cities Boulevard.
3. Minor arterials shall include Glade Road, Harwood Road, West Pipeline, Raider
Drive, Westpark Way, and Main Street.
4. Collector and local roadways shall be considered all other roads not specifically
named herein.
-3-
Setback of sign (front): The distance a sign must set back from any street right of way
line which shall be calculated in all cases to property lines, except as otherwise
provided herein.
Setback of sign (side). The distance a sign must set back from the side property lines
except for lots having more than one frontage, in which case the side setback shall
apply to the property lines running most parallel to the sign face.
Sign: Any structure or part thereof, or any device attached to, painted on, or
represented on a building, fence, or other structure, upon which is displayed or included
any letter, word, mode, banner, flag, permanent insignia, decoration, device, logo,
design, advertising matter or representation used as, or which is the nature of, an
announcement, direction, advertisement or other attention getting device.
Sign, Advertising: Any off - premise sign advertising any goods or services offered
remotely from the site where the sign is located.
Sign, Announcement. Any temporary on- premise sign which announces a character or
description of proposed buildings or use (i.e., coming soon .... future site of ... , etc.).
Sign area, calculation of. The area of a sign shall be computed by drawing a line or lines
around the sign in such a way as to form not more than four regular geometric figures
such as a triangle, circle, rectangle, or trapezoid. The sum square footage of these
figures shall be considered as the total area of the sign face. A sign face may be single
sided or double sided, as with a typical pole sign; however, to calculate the area of a
multi -sided sign, the sum of all sides of the sign shall not exceed twice the area
specified for the sign face.
Sign, Banner: Signs intended to be hung on- premise either with or without frames,
possessing characters, letters, illustrations or ornamentation applied to paper, plastic or
fiber of any kind. For the purpose of this chapter, federal, state and municipal flags shall
not be considered banners. A special event sign permit must be obtained.
Sign, Billboard. Any sign whose message may be changed by painting on or posting a
bill upon the sign's face.
Sign, Business center directory: Any on- premise sign that conveys the name of the
business center, and the tenants that occupy the center.
Sign, Changeable reader board: Any on- premise sign with strips or devices attached to
the face of the sign to hold readily moveable manual letters and numbers.
Sign, Construction. Any on- premise temporary sign that describes the contractor(s),
architect(s), lending institution, etc., responsible for the on -site construction currently in
progress.
Sign, Development. Any temporary on- premise sign that promotes new developments
or additions.
Sign, Electronic message. Any on- premise sign that has the ability to electronically
change the messages that they display.
Sign face: The actual surface upon which the message of a sign is displayed. In the
case of wall, fence or facade mounted signs, the area contained within the outermost
limits of the letters, logos, numbers, insignias, etc., shall be considered the sign face.
Except for wall signs that use the wall as its sole background, only those sign faces
defined below shall be deemed in compliance with this chapter:
Sign function: The purpose the sign serves.
Sign, General: Any on- premise sign or graphic device that advises the general public of
goods and services offered.
Sign, Ground: Signs supported by poles or supports in or upon the ground, independent
of support from any building and having less than seven feet from the bottom of the sign
face to the ground.
Sign, Institutional: Any on- premise sign used for the purpose of identifying school,
church, hospital, or similar public or quasi - public institution.
Sign, Pole: Signs supported by poles or supports in or upon the ground, independent of
support from any building, and maintaining a minimum distance of seven feet from the
bottom of the sign face to the ground.
Sign, Portable: Ridged signs constructed off the site and not permanently affixed or
attached to the ground or to the permanent building or structure and shall include any
sign originally designed to be easily moved from place to place whether rigidly attached
to the ground or permanent structure.
Sign, Real estate: Any temporary on- premise sign offering to sell, lease, or rent
individual dwellings, real property, or lease spaces other than those for self storage
facilities which are defined by general business signs.
Sign, Special event: Any on- premise temporary signage including banners used for
special events or business grand openings.
Sign, Subdivision entry: Any sign that identifies the entrance of various subdivisions and
developments within the city.
Sign, Temporary: A sign which is not structurally affixed to a foundation or building and
by its nature, construction materials, or placement is intended to last for a fixed period of
time
Sign, Vehicle: Signs mounted on a vehicle, including trailers, normally licensed by the
State of Texas.
-5-
Sign, Wall: Signs erected flat against any wall, supported by the wall, having the sign
face parallel to and not more than 12 inches from the wall surface in any direction. Neon
tubing attached directly to a wall surface shall be considered a "wall sign."
Sign, Weekend parkway: Any temporary on or off - premise sign located within the public
right -of -way.
Zoning district: The primary use of the zoning district where the sign may be located.
Sec. 84 -233. Permissible signs.
Except as specified by section 84 -130 herein, it shall be a violation of this code to erect,
place, or locate any sign that serves any function other than those specified herein, and
then only when in compliance with the zoning district, qualifications, maximum area,
maximum height, minimum setbacks, maximum number of signs, minimum sign
separation, permit and other requirements specified herein.
Sec. 84 -234. Permanent on- premise signs.
The following standards shall apply to permanent on- premise signs located at a site
where the sign directs attention to:
Wall signs: Wall signs may be erected on any building not zoned or used for
single - family or single - family attached dwelling purposes. Such signs may serve
the same function as on- premise pole or ground signs specified herein. Wall
signs shall not exceed 30 percent of the wall elevation nor shall they extend
above the roof line or parapet line of the building on which it is located. Any
number of wall signs may be permitted per building; however, the sum of the
areas of the wall signs on each wall elevation shall not exceed 30 percent of the
wall elevation. For the purpose of this chapter, pitched or mansard roofs shall not
be used in calculation of wall elevation.
2. Roof signs. Roof signs may be erected on nonresidential buildings in
commercial or industrial zoning districts having pitched roofs provided the top of
the roof sign extends no higher than the roof peak. Roof signs erected on
mansard roofs shall not extend above the mansard. The maximum sign area for
roof signs shall be limited to 15 percent of the exterior wall elevation over which
the roof sign is oriented.
3. Projection signs: Projection signs may be erected on nonresidential buildings in
commercial or industrial zoning districts provided no portion of the sign extends
over any property line nor extends over the required building line more than 25
percent of the minimum building setback requirement for that zoning district. The
maximum area for any projection of sign shall be limited to 50 square feet per
sign face and that no pole or ground sign is or shall be located on the property.
No projection sign shall extend above the top plate line nor be less than seven
feet from the bottom of the sign to the ground.
ME
4. Pole /ground signs.
Table 6 -A. Permanent On- Premise Pole /Ground Signs
The following standards are applicable to permanent, on- premise pole and ground
signs. The applicable maximum area and height shall be determined by the
classification of the street(s) the property fronts on.
-7-
Street Classification
Front
Side
umber
Local and Collectors
Sign Function
oning
ualifications
etba
etback
Signs
r9
Minor Arterials
Major Arterials
istrict
(lowed
Maximum
MaximwMaximum
MaximumMaximum
Maximum
Area
Height
Area
Height
Area
eight
partment/
Condominium
single-
awfully existing
anconforming
15
cent
1 per
street
0 square
0 square
0 square
dentification Sign
milt'
feet
f lot
feet
feet
feet
feet
feet
feet
i.e., signs that
so
dth
front
dentify the
name,
caner or other
dentifying
multifamily
1 per
haracteristics
none
00 feet
ut an y
esidential
10
cent
f street
outage
0 square
0 square
square
100 square
15 square
�mplex
awfully existing
feet
of lot
r
ion
feet
feet
feet
feet
feet
t
veloped under
commercial
nconforming
o
unified plan
se
General Business
1 per
igns
00 feet
.e., signs
menial
f street
advising the
and
percent
outage
square
100 square
50 square
ublic of goods
one
feet
of lot
feet
15 feet
eet
0 feet
feet
feet
and services
industrial
dth
or
ffered on the
portion o
emises
usiness Center
irectory Signs
0 square
5 square
square
e., signs that
feet per
et per
feet per
Huey the name
ommercial
ust contain
15
1 per
tenant up
tenant up
tenant up
A the business
and
ore than 4
rate lease
10 feet
ercent
3flot
street
frontage
o 260
square feet
15 feet
o 325
square feet
20 feet
o 325
square feet
30 feet
:enter, and the
enants that
ndustrial
aces
dth
nclusive of
inclusive of
inclusive of
cupy the center
op cent
hop cent
hop center
ID
ID
ID
nstitudonal Signs
10 feet
�11 5
1 per
square
100 square
150 square
-7-
.e., signs that
II
none
Maximum
percent
200 feet
feet
15 feet
feet
20 feet
feet
30 feet
ntify schools,
Setback
Permitted
of lot
f street
awfully existing
hutches,
single-
nonconforming use
width
irontage
15 percen
family
0 square feet
ospitals, or other
feet
f lot
1 per street front
r
width
imilar public or
3ortion oll
Condominium
semi-public
dentificafion Sign
institutions
i.e., signs that identify the name,
multifamily
caner or other identifying
two per
characteristics about arty
single-
10 feet
square
square
residential complex developed
square
Entry
amily
1 per 200 feet of
under a unified plan
one
per
f street)
eet
feet
eet
feet
eet
feet
w
�ubdivision
nonconforming us
ust contain 5
width
portion of
General Business Signs
signs that
15 perceni
more acres o
.e., signs advising the public of
commercial
one
50 square feet
feet
feet
f lot
street frontage or
9
goods and services offered on the
dentify various
and or 20 or
width
portion of
ndustrial
~divisions and
ore platted
premises
Ii
developments
ots
two per
0 square
0 square
square
thin the city
commercial
10 feet
ntry (1
set per
feet per
feet per
and
one
side
oss
feet
gross
feet
gross
150 feet
industrial
f street)
tatted
platted acre
platted acre
5. Pole /ground signs along freeways.
Table 6 -13. Permanent On- Premise Pole /Ground Signs on State Highways
The following standards are applicable to permanent, on- premise pole and ground signs
located along freeways and freeway frontage roads.
Sign Function
Zoning
ualifications
Maximum
Maximurr
Front
Setback
Side
Number Signs
istrict
Area
eight
Setback
Permitted
awfully existing
single-
nonconforming use
15 percen
family
0 square feet
feet
feet
f lot
1 per street front
width
artmentl
Condominium
dentificafion Sign
i.e., signs that identify the name,
multifamily
caner or other identifying
ione
characteristics about arty
residential complex developed
10 perceni
1 per 200 feet of
under a unified plan
awfully existing
150 feet
20 feet
5 feet
Of lot
street frontage or
commercial
nonconforming us
width
portion of
General Business Signs
15 perceni
1 per 200 feet of
.e., signs advising the public of
commercial
one
50 square feet
feet
feet
f lot
street frontage or
9
goods and services offered on the
and
width
portion of
ndustrial
premises
Ii
WE
6. Corporate Flags: In addition to national, state, or municipal flags, a business may
erect a single corporate flag provided that such flag meets all of the following
requirements:
a. The corporate flag is flown with the national flag or with the state and
national flag.
b. The corporate flag is not larger in size or flown higher than the national
and state flag.
C. The proper rules of flag etiquette are followed.
7. Electronic Message Signs. Electronic message signs are intended to be static
and are subject to the same size and location restrictions as other signs
regulated by this article. The electronic message portion of a sign shall not
exceed 40% of the total sign face permitted, nor shall it be the only sign face. In
addition, an electronic message board is subject to the following restrictions:
a. Any change of information on the electronic message board shall not
produce the illusion of moving objects, scrolling, blinking, flashing,
expanding or contracting shapes, rotation or any similar visual effect of
animation or movement.
otelsimotels, retail fuel
300 square feet
60 feet
5 feet
15 perceni
e
sales, and restaurants
of lot
thin 300 feet of freeway
width
'ght -of -way
Business Center
must contain more than 4
square feet per
irectory Signs
commercial
separate lease spaces
Want up to
10 feet
15 percen
a per street
e., signs that convey the name of
and
square feet inclusive
ncl
feet
lot
frontage
e business center, and the
ndustrial
width
tenants that occupy the center
f shop center ID
nsfitutional Signs
.e., signs that identify schools,
15 percenl
1 per 200 feet of
hurches, hospitals, or other
all
ione
250 square feet
50 feet
5 feet
OflOt
street frontage or
imilar public or semi - public
width
portion of
nstitutions
single-
10 feet
per entry (one
family
must contain 5 or more
square feet
feet
one
side of street)
Subdivision Entry Signs
acres of land or 20 or
i.e., signs that identify various
more platted lots
subdivisions and developments
thin the city
commercial
10 feet
per entry (1
and
50 square feet
0 feet
ione
per side of street)
industrial
6. Corporate Flags: In addition to national, state, or municipal flags, a business may
erect a single corporate flag provided that such flag meets all of the following
requirements:
a. The corporate flag is flown with the national flag or with the state and
national flag.
b. The corporate flag is not larger in size or flown higher than the national
and state flag.
C. The proper rules of flag etiquette are followed.
7. Electronic Message Signs. Electronic message signs are intended to be static
and are subject to the same size and location restrictions as other signs
regulated by this article. The electronic message portion of a sign shall not
exceed 40% of the total sign face permitted, nor shall it be the only sign face. In
addition, an electronic message board is subject to the following restrictions:
a. Any change of information on the electronic message board shall not
produce the illusion of moving objects, scrolling, blinking, flashing,
expanding or contracting shapes, rotation or any similar visual effect of
animation or movement.
b. Any change in information on the electronic message shall not change
more often than every 15 seconds. Any changes shall occur with an
instant on/off cycle.
Sec. 84 -235. Permanent off - premises signs.
The following standards are applicable to permanent off - premise advertising signs or
billboards which promote or advertise commodities or services not limited to being
offered on the premises where such sign is located. Off- premise signs shall be
permissible as a permanent sign provided all of the following requirements have been
met:
1. The subject property is zoned limited industrial (1-1), light industrial (1 -1) or heavy
industrial (1 -2) as per the current zoning ordinance of the city.
2. Maximum area of the advertising sign does not exceed 1,000 square feet per
sign face.
3. Maximum height of the sign does not exceed 35 feet in height.
4. The sign is set back from all property lines a minimum of 25 feet.
5. The sign is located no closer than 250 feet, measured parallel with the street
right -of -way, from any other off - premise advertising sign whether existing or a
permit for such sign has been authorized.
6. The sign is located a minimum of 250 feet from any property used for residential
purposes or zoned for residential usage.
7. The property is not located within 3,000 feet of S.H. 183, S.H. 121, or S.H. 360.
8. A current annual use permit has been issued.
9. None of the prohibitive characteristics contained within this section are violated.
Sec. 84 -236. Special Event and other temporary signage:
In addition to the permissible permanent signs authorized herein, the following
temporary on- premise signs are permitted.
1. Special event signs. Upon approval of a special event sign permit by the
Building Official or his designee, banners, pennants, streamers, balloons,
advertising matter and additional parkway signs may be displayed to alert the
public of business grand openings, special sales, or events and the like. Special
event signage shall be confined to the location that has obtained the permit for
such, and displayed in a manner as to not interfere with the movement or sight
visibility of pedestrian or vehicle traffic. All signage shall be made of safe
materials and erected and displayed in a safe manner.
-10-
a. Special event signage shall not be erected, placed or displayed for without
first obtaining a permit for same.
b. Special event signage shall be permitted for a duration of no more than 14
consecutive days per permit.
C. No more than four special event permits shall be issued for any one
business during any calendar year.
d. Special Event permits cannot be issued in a consecutive nature. A
minimum 30 day interval must pass from the expiration of one special
event permit to the issuance of another.
e. Applications for special event signs shall consist of an application fee, as
established by the city fee ordinance, and 2 sets of drawings that depict
the nature, size, shape, content, height, type of materials and location of
such requested signage.
f. No such signage shall be placed, erected, or maintained unless the
responsible party has executed an instrument agreeing to indemnify and
hold harmless the city from any and all liability, directly or indirectly
occurring from the erection, placement, maintenance, removal or failure to
remove such signs pursuant to the provisions to this chapter. Any signage
erected in violation of this chapter or deemed unsafe to pedestrian or
vehicular traffic shall be subject to all the penalties for violation stated
herein and may be subject to immediate removal
(2) Pole/ground signs.
Table 6 -C. Temporary On- Premise Pole /Ground Signs
The following standards are applicable to temporary, on- premise pole and ground signs
located on all streets. Such signs shall be valid only for the duration specified herein or
upon expiration of the annual permit.
Sign Function
oning
istrict
Qualifications
oration
Maximum
Area
axim
Height
Front
eiba
ide
ethadc
umber Signs
Permitted
eal Estate Skjns
.e., signs offering the sale,
10
1 per 200 feet
se or rent of individual
leveloped land
emoval upon expiration
16 square
xrcent
f street
Melling units, real property, or
greater than 2
f annual permit or
feet
6 feet
ione
of width
tontage or
se space, other than self
es
'thin 7 days of sale or
'on of
torage facilities. Self- storage
ngle- family
ental of property
10
1 per 200 feet
facilities: see general business
signs
all undeveloped
32 square
ent
street
land
feet
10 feet
one
ot width
tage or
__on of
-11-
3. Signage of temporary uses. Uses that have been approved on a temporary basis
by city council may erect a sign that conforms the special event signs
requirements stated herein. Permits issued for a special event sign in conjunction
with a temporary use shall be valid only for the duration that such temporary use
has been authorized.
Sec. 84 -237. Weekend parkway signs.
An unlimited number of parkway signs may be erected provided that all the following
requirements have been met. Any parkway sign placed or located in violation of this
chapter shall be subject to all the penalties for violation stated herein and may be
subject to immediate removal by city personnel. The city manager may establish an
administration fee to recover the costs incurred for removal of signs in violation of this
-12-
multifamily,
vacant land or
0
1 per 200 feet
commercial
and industrial
Ingle tenant
square
t
5 feet
one
percent
t width
f street
frontage or
buildings
n of
commercial
ulti- tenant
uildings
10
per 200 feet
and industrial
shopping
2 Square
10 feet
one
nt
t width
f street
tags or
:enters, office
t
buildings, etc.,)
portion of
ornporary
Announcement Signs
oval upon expiration
e., sign announcing the
multifamily,
f annual permit or
10
1 per sign per
haracter or description of
commercial
property platted
Mthin 7 days of
32 square
percent
10 gross acres
ed building(s) (i.e.,
and industrial
development
ernPletion of
t
15 feet
5 feet
lot width
or portion
:oming soon .... future site oi
mnstruction or upon
thereof
etc.)
he granting of a
velopment sign
porary
veiopment
emoval upon expiration
Ln per 10
.e., signs that promote new
single and
currently under
f annual permit or
10 feet
velopments for sale lease
multifamily
construction
thin 7 days from
are
feet
10 feet
acres or
'th an addition
ing 85 percent
t
thereof
upied
1 per 200 feet
2 square
10 feet
f street
Construction Signs
ngle- family
WMPW.NY
feet
feet
none
frontage or
.e., sign describing the
emoval upon aqwation
portion of
tractor(s), architect(s),
ently under
f annual permit or
nding institution, etc.,
construction
in 7 days of
vsponsitk for the on -site
multifamily,
completion of
1 per 200 feet
,onstuction in progress
commercial
construction
32 square
10 feet
f street
and industrial
feet
15 feet
ione
ntage or
' n of
3. Signage of temporary uses. Uses that have been approved on a temporary basis
by city council may erect a sign that conforms the special event signs
requirements stated herein. Permits issued for a special event sign in conjunction
with a temporary use shall be valid only for the duration that such temporary use
has been authorized.
Sec. 84 -237. Weekend parkway signs.
An unlimited number of parkway signs may be erected provided that all the following
requirements have been met. Any parkway sign placed or located in violation of this
chapter shall be subject to all the penalties for violation stated herein and may be
subject to immediate removal by city personnel. The city manager may establish an
administration fee to recover the costs incurred for removal of signs in violation of this
-12-
code and the notification of the sign owner of such action. Such administrative fee shall
not exceed $5.00 for each sign claimed.
Parkway sign requirements.
1. A permit is to be obtained from the building official in advance of erecting any
parkway sign.
2. Weekend parkway signs shall be permitted no sooner than Friday at 12:00 noon
and shall be removed by Monday at 12:00 noon.
3. No such sign shall be placed in front of any improved property without written
consent of the occupant and owner of such property, or in front of any public park
or municipal building unless authorized by the city manager.
4. No such sign shall be located: (a) within the median of any public right -of -way,
(b) nearer than five feet to the edge of pavement or back of curb, whichever is
greater; (c) nearer than 20 feet to the intersection of two intersecting streets as
measured from the end of the curb return; or (d) so as to block or obscure the
vision of any traffic or safety sign or signal.
5. If signage is located off premise than no more than one such sign for each
person or company displaying the same relative information shall be permitted
along any one block or within 500 feet from another, whichever is less. If such
signage is located on the property for which the permit was obtained, than no
more than one such sign shall be permitted within 50 feet from another.
6. No such sign shall exceed three feet in height or exceed six square feet in area.
7. All such signs shall be made of durable weatherproof material.
8. No such sign shall be placed, erected or maintained unless the responsible party
shall have executed an instrument agreeing to indemnify and hold harmless the
city from any and all liability, directly or indirectly occurring from the erection,
placement, maintenance, removal or failure to remove such signs pursuant to the
provisions to this chapter.
9. Weekend parkway signs are limited for use by multi family dwellings, single
family home developers and churches or other religious or non - profit
organizations.
Sec. 84 -238. Permissible signs not requiring permits.
The following signs shall not require a sign permit. These exceptions shall not be
construed as relieving the owner of the sign from the responsibilities of its erection and
maintenance, and its compliance with the provisions of this chapter or any other law or
code regarding the same.
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Name sign. Sign having an area of not more than two square feet the message
of which is limited to conveying the address and /or name of the premises, and/or
owner, and /or occupant of the premises.
2. Warning sign. Sign having an area of not more than six square feet nor height
greater than six feet, the message of which is limited to warning of danger or
prohibitions or regulations of the use of the property or traffic parking thereon.
3. Real estate sign. On- premise signs having an area of not more than six square
feet and not more than six feet in height, advertising the premises for sale or rent
and providing for their removal upon the sale or rental of the premises.
4. Open house sign: On- premise signs advertising the display of an open house or
unlocked unit for sale, lease or rent.
5. Holiday decorations. Signs or materials displayed in a temporary manner on or
prior to traditional, civic, patriotic or religious holidays.
6. Vehicle sign: Sign located on motor vehicles or trailers bearing current license
plates and inspection stickers, when appropriate, which are traveling or lawfully
parked upon public roadways or lawfully parked upon any other premises for a
period not to exceed seventy -two hours or for a longer period where the primary
purpose of such parking is not the display of any sign.
7. Changeable copy: The changing of advertising copy or message on a painted or
printed sign, or the changing of advertising copy or message on a changeable
reader board such as a theater marquee, electronic reader board or similar signs
specifically designed for use of replaceable copy.
8. Window sign. Sign painted on or located inside an enclosed building and visible
through a window or windows thereof as long as the total area of such signage in
addition to any wall signs or banners shall not exceed 30% of any elevation.
9. Political sign: Sign advocating a candidate for public office or a position on an
issue to be determined at an upcoming scheduled election provided same are
removed within seven calendar days after the election and are not located on
public properties except in accordance with section 84 -237 herein.
10. Internal sign. Sign visible only from the premises on which located or visible off
the premises only through a window or windows from which they are set back at
least ten feet.
11. Governmental sign: Sign posted by duly constituted governmental authorities in
pursuance of their public duties.
12. Memorial sign: Markers, plates, plaques, etc., when deemed an integral part of a
structure, building or landscape.
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13. Gasoline price: Gasoline price or credit card sign permanently affixed to pump
islands or canopy not exceeding 12 square feet in area.
14. Search lights. Search lights used to draw attention to a special event provided
such lights are not located within 200 feet of a residence and do not shine into
the eyes of occupants in any vehicle or into any residential window or where the
illumination interferes with the readability of any traffic signal or device.
15. Garage sale sign: On- premise sign advising the general public of a lawfully
permitted garage sale occurring on the premise. Such signs shall be given to the
property owner upon completion and processing a garage sale permit.
16. Balloons: Balloons less than 24" in diameter are permitted in areas zoned multi-
family as provided the balloons are attached to the property's legally permitted
permanent name sign and the height of the balloon above grade is limited to 10
feet. No other balloons shall be used unless done so in conjunction with a special
event sign permit.
17. Amenity Sign: A single parkway type sign is permitted for each multi - family
complex to promote vacancies, current specials or amenities, provided such sign
does not exceed 3 feet in height and 6 square feet and is placed in accordance
with parkway sign requirements.
Sec. 84 -239. Prohibited sign characteristics.
It shall be in violation of this chapter for any person, company or agent to erect, place,
display or locate any sign having any of the following prohibitive characteristics. Signs
deemed unsafe to the general public either due to location sign is erected or condition
of sign may be removed immediately by the Building Official or his designee:
Blocking of public access: No sign shall block or obstruct public access, fire
escapes, traffic visibility, utilities, etc.
2. Certain real estate signs: No real estate sign located on lots less than two acres
platted for one- or two- family dwellings shall exceed six square feet or six feet in
height.
3. Excessive illumination: No illuminated sign shall be permitted to produce visual
discomfort for viewers on other properties or on adjacent streets.
4. Extensions over public property: No sign shall be located on, over or above any
public land or right -of -way except where specifically authorized herein.
5. Imitation governmental signs: No signs shall imitate governmental signs including
traffic control signs and /or devices.
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6. Motion: With the exception of balloons and approved special event signage, no
sign shall have any moving, swinging or animated parts or images, whether such
movement is caused by machinery, wind or otherwise.
7. Obscenities: No sign shall contain obscene, indecent or immoral words, pictures
or other matter.
8. Obstruction of traffic signal visibility: No sign shall be located in the direct line of
vision of any traffic control signal from any point in a moving traffic lane within 50
feet of such signal.
9. Painting on streets: No painting, marking or attachment of a sign to the street,
sidewalk, building other than house numbers or occupants name or as provided
by this chapter.
10. Portable sign. No sign except as specifically authorized by this chapter shall be
located, placed or displayed which is constructed off the sign site and is not
permanently affixed or attached to the ground or to a permanent building or
structure and shall include any sign originally designed to be moved easily from
place to place, whether rigidly attached to the ground or permanent structure or
not.
11. Proximity to power lines. No portion of any sign shall be located closer than ten
feet to any overhead power or service lines.
12. Signs on utility poles: No sign shall be placed on or attached to other signs, utility
poles, fire hydrants, trees, flag poles, street lamps or other means of support of
an outdoor advertising display.
13. Decorative flags: Flags other than national, state, municipal or corporate flags as
permitted by this chapter shall not be permitted in commercial or multi - family
districts.
Secs. 84- 240 - -84 -259. Reserved.
DIVISION 2. PERMITS
Sec. 84 -260. Required.
Except as herein provided, no sign shall be erected, placed, displayed or located
without first obtaining a sign permit from the building official.
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Sec. 84 -261. Permit termination.
A permit issued for any sign and its supporting structure shall automatically terminate
after the use for which the sign directs attention is discontinued for a period of 180 days
or longer. Additionally, an annual permit shall automatically terminate and be deemed
void on the first of January of each year. A permit issued for any sign including its
supporting structure, shall automatically terminate in the event the sign shall fail and not
be corrected within 180 days. Upon cessation of the permit for any sign, such sign and
its supporting structure shall thereafter constitute a non - permitted structure and shall be
subject to removal pursuant to the provisions of the building code and the owner thereof
or occupant of the premises upon which the sign is situated shall be subject to fine
and/or penalty as provided pursuant to the provisions of this code and the building
codes of the city.
Sec. 84 -262. Application for permit.
Application for a sign permit shall be made in writing upon forms furnished by the
building official. Such application shall contain the location by street and address
number of the proposed sign structure, height, area, sign function, as well as the name,
address and phone number of the owner and sign contractor or erector. The building
official may require the filing of plans or other pertinent information which, in his opinion,
such information is necessary to insure compliance with this chapter. Standard plans
may be filed with the building official.
Sec. 84 -263. Fees.
A sign permit fee and a plan checking fee shall be paid to the city in accordance with
the most current fee schedule adopted by the City of Euless.
Sec. 84 -264. Maintenance.
1. All signs and supporting structures, together with all their supports, braces, guys
and anchors shall be kept clean, neatly painted, free from all hazards, including,
but not limited to, faulty wiring and loose fastenings, and be maintained in a safe
condition at all times so as not to be detrimental to the public heath and safety. In
the event that a sign fails to meet the qualifications of this section, the
administrator or his designee shall give written notice to the person or persons
responsible for such sign. If the sign is not repaired or replaced within sixty (60)
days of such written notice, the permit for such sign shall be revoked and the
administrator is then authorized to cause the removal of the sign. If such sign
cannot be demolished because it is painted on a non -sign structure, such sign
shall be painted over or removed by sandblasting. Any expenses incurred shall
be paid by the owner of the land, building, or structure on which the sign was
removed. The Building Official shall also file a lien against the property in the
amount of the cost of any and all such work.
2. In the event that the property for which the signage was intended for or on which
the signage is located has closed the business for a period of time exceeding
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sixty (60) days, the administrator may require the owner of such property to cover
all signage so as to make all sign faces blank and free from wording or
advertisement.
Sec. 84 -265. Inspections.
All signs for which a permit is required shall be subject to inspection by the
building official.
2. Footing inspections may be required by the building official for all signs having
footings with the exception of poles constructed to display permitted flags.
3. All signs containing electrical wiring shall be subject to the provisions of the
governing electrical code, and electrical components shall bear the label of an
approved testing agency.
4. All signs may be re- inspected at the discretion of the building official.
Secs. 84- 266 - -84 -279. Reserved.
DIVISION 3. NONCONFORMING USES; VARIANCES
Sec. 84 -280. Nonconforming uses /signs and sign variances.
It is the declared purpose of this division that nonconforming signs and signs directing
attention to nonconforming uses, eventually discontinue and the signage comply with
the regulations stated herein, having due regard for the investment in such signs. Any
sign that does not conform to the regulations stated herein shall be deemed a
nonconforming sign. Any lawfully existing nonconforming use or building may erect and
maintain a sign in accordance with the schedule of on- premise signs contained in
section ( ?) herein and other applicable sections of this chapter regardless of the zoning
district in which the use the sign serves is located.
Sec. 84 -281. Use of lawfully existing nonconforming signs.
Any permanent nonconforming sign that was lawfully erected and operated prior to the
effective date of this chapter may be used and maintained exactly as such existed upon
the effective date of this chapter. No lawfully existing nonconforming sign shall:
Be changed to another nonconforming sign except as provided for by or 84 -280
of this chapter.
2. Have any changes made in the words or symbols used or the message displayed
on the sign unless the sign is specifically designed for periodic change of
messages such as a changeable reader board or electronic message center or
billboard.
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3. Be structurally altered so as to prolong the life of the sign or change the shape,
size, type or design of the sign.
4. Be reestablished after the activity, business, or usage to which it relates has
been discontinued over a period of 180 days or longer.
5. Be reestablished after damage or destruction of said sign if the estimated
expense of reconstruction exceeds 50 percent of the reproduction cost.
Sec. 84 -282. Variances to the sign standards.
The board of adjustment may grant variances from the requirements of section 84 -233,
herein upon application and finding that the granting of the variance will reduce the
degree of nonconformity of an existing sign or will result in the removal of one or more
lawfully existing nonconforming signs and replacement by sign or signs more in keeping
with the spirit, purpose and provisions of this chapter. Should the board of adjustment
grant a variance which permits the erection or maintenance of a nonconforming sign,
said sign shall be deemed a lawfully existing nonconforming sign and shall be subject to
the requirements for same stated herein.
Secs. 84- 283 - -84 -299. Reserved.
DIVISION 4. SPECIAL SIGNAGE PROGRAM
Sec. 84 -300. Established.
To avoid unnecessary hardship in the strict application of this section and to allow for
flexibility in design and to provide for creative and unique signage, the city council may
grant a special signage program that contains differing standards from the requirements
of this section. The city council may grant a special signage program upon application
and finding that the literal enforcement thereof would result in an unnecessary hardship
in the permitted signage for a development or group of developments and that the
differing standards are necessary because such development or group of developments
differs from other developments within the city due to its plan of development, location,
area, shape or slope such that its signage cannot be permitted hereunder in a manner
commensurate with other developments within the city. Any such special signage
program shall comply with the intent of this section and shall be granted only where
same shall have the effect of enhancing the quality of life and unique character of the
community. Any special signage program shall not be granted except by a three - fourths
vote of the members of the city council.
Sec. 84 -301. Applications.
Special signage program application shall include all drawings, descriptions, and details
necessary to describe the proposal and the specifics of the standard that differ from
section 84 -233 requested, together with a properly completed application form supplied
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by the city, payment of the application fee for such variance as established by the city
schedule of fees, and a certificate stating that all city and school taxes have been paid
current to date for all properties involved in the development or group of developments
for which such special signage variance is requested.
Sec. 84 -302. Permits.
Upon grant of a special signage program, all appropriate permits for such signage shall
be obtained from the building official within 180 days, unless such time limit is extended
by the city council by a three - fourths vote of the members thereof. Failure to obtain the
necessary permits for such special signage program within the time period herein
specified shall automatically terminate the grant of such program. In the event any sign
or signs erected in conformity with special signage program consist of standards that
differ from those established by this article, such signs(s) shall be considered lawfully
existing nonconforming signs and shall be subject to the requirements stated within this
article for same.
Secs. 84- 303 - -84 -329. Reserved.
SECTION II
THAT Article X "Urban Design Principles and Improvement Standards" of
Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of
Euless, Texas, as amended, be hereby amended by the repeal of Section 84-447
"Rights of Way and Easement Usage Requirements" contained therein.
SECTION III
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION IV
Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
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SECTION V
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 23rd day of November, 2004, by a
vote of 6 ayes, 1 nays, and 0 abstentions.
APPROVED:
e
Mary LitUSaleh, Mayor
ATTEST:
Susan Crim CMC, City Secretary
APPROVED AS TO FORM:
Bob McFarland, ity Attorney
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