HomeMy WebLinkAbout1861 08-25-2009ORDINANCE NO. 1861
AN ORDINANCE AMENDING CHAPTER 84, "UNIFIED DEVELOPMENT
CODE" OF THE CITY OF EULESS, TEXAS, BY REPLACING IN ITS
ENTIRETY, ARTICLE VI, "SIGNS AND STREET GRAPHICS
REGULATIONS "; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Euless 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 Euless has a substantial interest
protecting the health, safety, welfare, convenience and enjoyment of the general public
from injury which may be caused by the unregulated construction of signs; and
WHEREAS the City Council of the City of Euless has a substantial interest in
enhancing the economic value of the landscape by avoiding visual clutter which is
potentially harmful to property values and business opportunities; and
WHEREAS the City Council of the City of Euless has a substantial interest in
promoting the safety of persons and property by providing that signs do not create a
hazard due to collapse, fire, collision, weather or negligence; and
WHEREAS the City Council of the City of Euless has a substantial interest in
protecting the safety and efficiency of the City's transportation network by reducing the
confusion or distraction to motorists and enhancing the motorists' ability to see
pedestrians, obstacles, other vehicles, and traffic signs; and
WHEREAS the City Council of the City of Euless has a substantial interest in
protecting adjacent and nearby properties from the impact of lighting, size, height and
location of signs; and
WHEREAS, on July 21, 2009 the Planning and Zoning Commission has
conducted a public hearing in conjunction with Case No. 09 -02 -UDC and has rendered a
recommendation to the City Council with respect to this case; and,
WHEREAS, the City Council has conducted a public hearing on August 25,
2009, considered the recommendation of the Planning and Zoning Commission, and has
determined that the proposed change is in the best interest of the general welfare of the
City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EULESS, TEXAS:
SECTION 1
That Chapter 84, "Unified Development Code, "Article VI, "Signs and Street
Graphics Regulations," to hereinafter be amended to read as follows:
ARTICLE VI. SIGNS AND STREET GRAPHICS REGULATIONS
DIVISION 1. GENERALLY
Sec. 84 -230. Purpose and intent.
The purpose of this Article 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:
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,
Enhance the visibility and effectiveness of all signs through the elimination of clutter and
redundancy; and,
Eliminate and lessen the confusion, unsightliness, or visual obscurity of adjacent
properties that could be created; and,
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 Unified Development Code (UDC) that are in direct conflict with
these provisions are hereby repealed.
Sec. 84 -232. Definitions and Requirements
For the purposes of this Article, the words below shall have the following definitions
whether or not capitalized unless the context clearly requires another meaning, ascribed
to them and the requirements and regulations set forth for each shall apply in the City.
Ordinance No. 1861, Page 2 of 53
(1) A -FRAME SIGN — A temporary sign used to identify a business name,
telephone number, hours of operation, and /or the business' website
address. An A -Frame Sign is made of two (2) pieces of wood, metal or
other similar material approved by the Building Official connected at the
top by hinges or similar devices(s) and may collapse when the connecting
device(s) are overextended or the two (2) pieces of wood, metal or other
similar material are against one another'. Also commonly referred as a
`Sandwich Board Sign'.
a) Time — A sign permit is required. The sign permit Number, in
numerals not less than one (1") inch in height shall be permanently
affixed on the sign for the purpose of inspection. A sign permit shall
not be issued to install or display an A -Frame Sign until a Certificate
of Occupancy has been issued for the place of business that elects to
display the sign. After the issuance of a sign permit, an A -Frame
Sign may be displayed only during the business hours of the permit
holder.
b) Place — A -Frame Signs are permitted within non - residential areas or
Planned Development zoning districts used to incorporate a lifestyle
center concept. A -Frame Signs must be placed on a sidewalk or
adjacent to a sidewalk adjacent to or fronting the primary structure.
A -Frame Signs must provide an unobstructed pedestrian clearance of
at least four (4') feet in width. An A -Frame Sign shall not be placed
in any manner to interfere with vehicular traffic or cause a hazard.
An A -Frame Sign shall not be placed in any median. An A -Frame
Sign shall not be placed within a utility or right -of -way easement.
c) Manner — The maximum area of an A -Frame Sign is twelve (12)
square feet. The maximum height of an A -Frame Sign shall be four
(4') feet. The maximum width of an A -Frame Sign is three (3') feet.
An A -Frame Sign shall not be closer than twenty (20') feet to
another A -Frame Sign. A maximum of one (1) A -Frame Sign may
be placed per business or tenant on the property where the A -Frame
Sign is located.
(2) ABANDONED SIGN — A sign that had a permit, but the permit has been
expired for thirty (30) or more consecutive days and /or does not identify
or advertise a bona fide business, lessor, service, owner, product, event, or
activity, or pertains to a time, event, or purpose which no longer applies.
Abandoned Signs are prohibited in the City.
(3) APARTMENT SIGN — A temporary Stake Sign made of wood, metal, or
other similar material used to convey information that relates to the
operations of an apartment community or complex. Apartment signs are
prohibited within the City.
Ordinance No. 1861, Page 3 of 53
(4) ATHLETIC REGISTRATION SIGN — A temporary Stake Sign made
of wood, metal, or other similar material approved by the Building
Official used to convey sport- related Euless based team registrations
(organizations that play their games within the City of Euless) that
publicizes dates, times, or locations of registrations. Athletic Registration
Signs excludes information pertaining to dates, times, and /or/ locations of
scheduled games or award ceremonies.
a) Time — No sign permit required, but prior permission of the property
owners is required.
(1) With prior written permission of the Director of Parks &
Recreation, or their designee. Athletic Registration Signs may be
erected up to seven (7) days prior to the registration and removed
no more than forty -eight (48) hours after the registration.
(2) With prior permission of a home owners association (HOA),
Athletic Registration Signs may be erected up to seven (7) days
prior to the registration and removed no more than forty -eight
(48) hours after the registration.
(3) With prior permission from a public or private school, Athletic
Registration Signs may be erected up to seven (7) days prior to
the registration and removed no more than forty -eight (48) hours
after the registration.
b) Place — Athletic Registration Signs shall not be located within any
median, any right of way or easement, or on any other public
property, except as allowed herein at public parks and public
schools.
(1) At city -owned parks, Athletic Registration Signs may be located
at the City park exits or other City park area approved by the
Director of Parks & Recreation or their designee.
(2) At HOA maintained parks or open space areas, Athletic
Registration Signs shall be located on private HOA maintained
property with written approval by the HOA Board or their
designee.
(3) At public or private school property, Athletic Registration Signs
shall be located at a school exit or other area on school property
approved by the school authority.
c) Manner — The maximum area of an Athletic Registration Sign shall
not exceed six (6) square feet. The maximum height of an Athletic
Registration Sign shall not exceed four (4') feet.
Ordinance No. 1861, Page 4 of 53
(5) AUDIBLE SIGN — Any sign that emits music, talking, words, or other
sound amplification with the exception of a Drive -thru or Drive -in menu
sign. Audible Signs are prohibited in the City.
(6) AWNING — A retractable or non- retractable projection, shelter, or
structure of rigid or non -rigid canvas, metal, wood, or other similar
material approved by the Building Official that extends above a window,
door, patio, or deck as protection from the weather, used as a decorative
embellishment or used for identity, which may be illuminated. An awning
requires the issuance of a Building Permit prior to installation, unless
approved with the initial building permit.
(7) AWNING SIGN — A permanent sign that is directly applied, attached, or
painted onto an Awning that covers a pedestrian walkway, intended for
protection from the weather or as a decorative embellishment, projecting
from a wall or roof of a structure over a window, walk, door, or the like.
An Awing Sign is used to advertise the name of the business, hours of
operation, business telephone number, business address, and /or website
address.
a) Time — A sign permit is required. A sign permit shall not be issued to
erect or place an Awning Sign on to an Awning at a property until a
site plan is approved by the City Council for development of the
property and after the issuance of Building Permit or Certificate of
Occupancy.
b) Place — In no case shall the supporting structure of an Awning Sign
extend into or over the right -of -way, unless by exception within a
Planned Development zoning district specifically utilizing a lifestyle
center concept, and shall not extend closer than four (4') feet from
back of curb. No building shall have both a Wall Sign and an
Awning Sign on the same building facade.
c) Manner - The maximum height of an Awning Sign shall not exceed
four (4') feet. The width of an Awning Sign shall not exceed
seventy -five (75 %) percent in length of any side of an Awning. An
Awning Sign shall only be permitted in conjunction with a non-
residential use, or in a non - residential zoning district. An Awning
Sign shall be secure and may not swing, sway, or move in any
manner. An Awning Sign shall not contain any moving devices.
(8) AWNING SIGN ATTACHMENTS — Awning Sign Attachments that
cover a pedestrian walkway are accessory, supplemental extensions that
are attached above or below an Awning commonly used in conjunction
with a Wall Sign. Awning Sign Attachments provide the name of the
business.
Ordinance No. 1861, Page 5 of 53
a) Time — A sign permit is required. Structural drawings(s), as required
by the Building Official, sealed by a licensed engineer must be
submitted with the permit application.
b) Place — Awning Sign Attachments shall only suspend from or extend
above the edge of a pedestrian Awning. Awning Sign Attachments
installed for pedestrian display located and attached on the underside
of a pedestrian Awning shall be centered.
c) Manner — Awning Sign Attachments shall have a maximum height
of twelve (12 ") inches. Suspended or extended Awning Sign
Attachments shall not alternate up- and -down at a business'
storefront. Suspended Awning Sign Attachments suspended over a
pedestrian Awning shall maintain a nine (9') foot clearance from
pedestrian grade measured from the lowest hanging portion of the
attachment. Awning Sign Attachments shall not swing, sway, or
move in any manner. The structural- engineering of Awning Sign
Attachment must be approved by the City before a sign permit can
be granted. Awning Sign Attachments shall not be used in
conjunction with an Awning Sign. Only one type of Awning Sign
Attachment shall be used per storefront.
(9) BALLOONS AND OTHER FLOATING DEVICE(S) — A visible
airtight or air -flow through apparatus commonly made of latex, mylar or
other similar material that extends by a cord, rope, string, wire or other
similar material. No person shall erect, maintain, or allow the installation
of any floating device(s) anchored to the ground, any vehicle, structure or
any other fixed object for the purpose of advertising or attracting attention
to a business, commodity, service, sale, or product, except as otherwise
permitted in this Article. Balloons and all Other Floating Device(s) are
prohibited in the City.
(10) BANNER — A temporary sign having characters, letters, or illustrations
applied to plastic, cloth canvas, or other light fabric or similar material,
with the only purpose of such non -rigid material being for background. A
Banner advertises the business' name, opening dates, telephone number,
hours of operation, and /or types of products offered or sold. A Banner may
be considered as part of a Special Event Sign Permit. A Banner does not
include a Municipal Banner (Sec 84 -232 (54)).
a) Time - A sign permit is required for each display period. The sign
permit placard must be displayed in a conspicuous place visible from
the street for the purpose of walk -up inspection. A sign permit shall
not be issued to display a banner at a property until a site plan is
approved by the City Council for development of the property and a
Building Permit is issued. One (1) banner sign may be placed on a
building for three (3) fourteen (14) day periods per calendar year.
Ordinance No. 1861, Page 6 of 53
The periods may be combined. Each suite within a retail
development shall be considered a building and, therefore shall be
allowed to erect a banner accordingly. New businesses shall be
permitted to place a banner on their building prior to the issuance of
a Certificate of Occupancy with the issuance of a sign permit from
the Building Official. A new business shall be permitted to place one
(1) banner on their building storefront up to six (6) weeks after the
date of a Certificate of Occupancy with the issuance of a sign permit.
Banner(s) displayed before and immediately following the date of
the Certificate of Occupancy shall not count against the allowances
for the three (3) fourteen (14) day periods within a calendar year.
Banners permitted as part of a Special Sign Permit shall count
against the total number of allowed Banners per year for that
location. Exemption: Religious organizations that temporarily
operate in a school or other non - religious facility may erect a banner
no earlier than two (2) hours before worship and remove no later
than two (2) hours after worship without the issuance of a sign
permit.
b) Place - A Banner shall be securely attached to the front, side, or rear
fagade of a building. A Banner shall not face a residential
neighborhood, unless separated by a major thoroughfare. However,
banners are permitted only in conjunction with a non - residential use
or in a non - residential zoning district. With permission from the
Director of Parks and Recreation, or their designee, banners may be
erected during social or athletic events at a public park or other City -
owned property attached to pavilions, fences, vehicles, stakes, rails,
or poles up to two (2) hours prior to the start of the event and shall
be removed no later than one (1) hour after the conclusion of the
event.
c) Manner — A Banner shall not exceed forty -eight (48) square feet in
area, except that at an individual business with a floor area of fifty -
thousand (50,000) square feet or greater, a Banner shall not exceed
one - hundred (100) square feet in area. In the case where a individual
business or entity has an existing pole /pylon sign, a shroud banner
sign or sign wrap which covers the existing pole /pylon sign or a
portion of the pole /pylon sign may be permitted as long as the
shroud banner sign or sign wrap does not exceed the square footage
of the existing pole /pylon sign. A Banner shall be placed a minimum
of nine (9') feet above grade at any pedestrian traveled way. Where a
building wall is nine (9') feet in height or less, is adjacent to an
approved parking surface, and is not a designated pedestrian
walkway, one (1) Banner shall be placed a minimum of five (5') feet
above the grade above the parking surface.
Ordinance No. 1861, Page 7 of 53
(11) BILLBOARD — A sign erected in the outdoor environment for the
purpose of the display of commercial or noncommercial messages not
pertinent to the use of products sold on, or the sale or lease of, the property
on which it is displayed. Billboards include any of its support, frame or
other appurtenances. Billboards shall be permissible as a permanent sign
provided all of the following requirements have been met.
a) Time — A sign permit is required. Structural drawings(s), as required
by the Building Official, sealed by a licensed engineer must be
submitted with the permit application. Sign permits allowing for the
use of Billboards must be renewed on an annual basis.
b) Place — A Billboard may be erected on subject property which is
zoned limited industrial (L 1), light industrial (I -1) or heavy industrial
(I -2) as per the current zoning ordinance of the City.
(1) Billboard signs shall be set back from all property lines a
minimum of twenty -five (25) feet. Sign setback shall be
measured from the edge of the sign and not the support.
(2) Billboards must be located no closer than two - hundred fifty (250)
feet measured parallel with the street right -of -way, from any
other Billboard whether the existing or a permit for such sign has
been authorized.
(3) The sign is located a minimum of two - hundred fifty (250) feet
from any property used for residential purposes or zoned for
residential use.
(4) The property on which the Billboard is located is not located
within three thousand (3,000) feet of S.H. 183, S.H. 121, or S.H.
360.
c) Manner — Maximum area of the Billboard shall not exceed one
thousand (1,000) square feet per sign face. The maximum height of a
Billboard shall not exceed thirty -five (35') feet in height.
(12) BUILDING OFFICIAL — The Building Official or their designee or
other City- authorized agent appointed by the City Manager.
(13) BUILDING HEIGHT — For the purposes specific to this Article and to
be used for the calculation of certain signs within, building height shall be
defined as the distance measured from the average grade to the building
plate height at the top of its highest story per elevation. Additional height
generated by roof line or by parapet shall not be calculated in the
measurement of height. This definition shall not be used in conflict with
other measurements of building height for the purposes of zoning
standards.
Ordinance No. 1861 , Page 8 of 53
(14) CANOPY SIGN — A sign that is applied, attached, painted or affixed on a
canopy or other roof -like cover over gasoline fuel pumps, vacuum area at
car detail facilities, or other areas where services are provided to a patron
in a vehicle or as an area intended for parking of vehicles to provide
protection from the weather or as a decorative embellishment. Canopies
may be attached or detached from the primary structure. A Canopy Sign
may be used in addition to a Wall Sign. '
a) Time — A sign permit is required. A sign permit shall not be issued to
erect, install or place a Canopy Sign on a property until the site plan
has been approved by the City Council for development of the
property and after the issuance of a building permit for a building on
the property.
b) Place — Canopy Signs may only be erected on the canopy band that
faces a public right -of -way.
c) Manner — Canopy Signs may not exceed fifteen (15) square feet in
size. Canopy Signs must be attached directly to or painted on the
exterior face of the canopy band and shall no project more than
eighteen (18) inches from the canopy band. Only the canopy band
may be illuminated, not the entire canopy. Canopy Signs attached to
a canopy shall not extend above or below the canopy band.
(15) 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 message board or similar signs specifically design for use of
replaceable copy. The installation and construction of such signs shall be
governed by the appropriate sign type; however the Changeable Copy
message does not require a sign permit.
(16) CITY MANAGER — The City Manager or their designee or other City -
authorized agent appointed by the City Manager.
(17) CLOUD BUSTER BALLOON & AIR DEVICES — Any visible airtight
or air -flow through, inflatable apparatus that exceeds one (1) square foot
in total area made of latex, mylar, or other similar material that extends
higher than ten (10') feet into the sky by a cord, rope, string, wire, or other
similar material. A Cloud Buster Balloon or Air Device is commonly used
to attract passersby /patrons to a location having a promotion, sale or other
function. Cloud Buster Balloons, blimps, and other Air Devices are
prohibited in the City of Euless.
(18) COMMERCIAL REAL ESTATE SIGN (CRES) — An on -site,
temporary sign made of wood, metal or similar material approved by the
Building Official that pertains to the sale or lease of the property where
Ordinance No. 1861, Page 9 of 53
the sign is located. A V -Shape sign is not a CRES. A CRES generally
advertises the name of a building or property for sale or lease, property
owner name, realtor information, telephone number, zoning information,
and other information relating to the sale or lease of non - residential
property.
a) Time — A sign permit is required. `The sign permit Number, date
installed, and sign contractor's name shall be placed on the CRES in
characters no less than one (1 ") inch in height in a conspicuous place
for the purpose of walk -up inspection. A CRES requires removal
within ten (10) days after the sale or lease of a property or business.
b) Place — A CRES shall be located no closer than fifteen (15') feet to
any property line. A maximum of one (1) CRES per property shall
be placed on a lot. For a property with more than five hundred (500')
feet of single street frontage more than once CRES is allowed
provide that each CRES is spaced a minimum of two- hundred (200')
feet from other Signs.
c) Manner — A CRES shall not exceed thirty -two (32) square feet in
area. A CRES shall not exceed eight (8') feet in height. The
maximum width of a CRES shall not exceed four (4') feet.
(19) DEVELOPED — A developed property is a non - residential property for
which a Certificate of Occupancy has been issued by the Building Official
to occupy a building on the property or a residential property for which a
Certificate of Final Acceptance has been issued by the City.
(20) DILAPIDATED — Any surface element, background, or support of any
Sign that has finished materials that are missing, broken, bent, cracked,
decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped,
torn, twisted, or unsightly.
(21) ELECTRONIC VARIABLE MESSAGE SIGNS — Electronic Variable
Message Signs are any sign that utilizes changeable copy messages
through internal illumination through light emitting diodes (LEDs) or
other light sources. Electronic Variable Messages 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 Variable Message portion
of the sign shall not exceed forty (40) percent of the total sign face
permitted, nor shall it be the only sign face. In addition, an Electronic
Variable Message Sign is subject to the following restrictions:
a) Any change in information on the Electronic Variable Message Sign
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.
Ordinance No. 18 61, Page 10 of 53
b) Any Changeable Copy on the Electronic Variable Message Sign
shall not change more than every fifteen (15) seconds. Any changes
shall occur with an instant on/off cycle.
c) Electronic Variable Message Signs are permitted to contain time and
temperature displays. The time and temperature shall remain static
for not less than three seconds.
(22) ERECT or INSTALL — To build, construct, attach, hang, place, suspend,
affix, paint, display, apply, assemble or place in any manner, including but
not limited to on the exterior of a building or structure.
(23) EXEMPT — A sign permit is not a requirement; however, compliance
with all other City ordinances and the Unified Development Code, as it
currently exists or may be amended, is required.
(24) EXEMPT SIGN — Any sign either specifically exempted within this
Article or any sign required to be displayed by federal, state or local laws.
Exempt signs shall not be included in any numerical, coverage, or size
calculation.
(25) FEATHER FLAG — A Wind Device that contains a harpoon -style pole or
staff driven into the ground for support. Feather Flags are prohibited in the
City unless the Feather Flag is located on a property with single - family or
duplex zoning for which a certificate of occupancy has been issued and the
Feather Flag is used for the sole purpose of expressing patriotism or for a
celebration or holiday decoration. In this case, a Feather Flag may be
installed a maximum of thirty (30) days.
(26) FLAG / FLAGPOLE — A piece of fabric or other flexible material
attached to a ground- supported staff on one end used as a symbol of a
nation, state, political subdivision, or organization.
a) Time — No sign permit required. A Flag shall not be placed on a
property until a site plan is approved by the City Council for
development of the property.
b) Place — A Flag and its ground- supported staff shall be located on
private property behind the property line. Flags may be placed at
parks during social and athletic events.
c) Manner — At a property that contains a building with less than ( <)
four (4) floors, the maximum height of a ground supported Flagpole
shall be forty (40') feet measured from the ground with the
maximum area of the Flag not to exceed sixty (60) square feet in
area. At a non - residential property that contains a building with four
(4) floors or more above - ground, the maximum height of a Flagpole
shall be sixty (60') feet measured from the ground with the
Ordinance No. 1861, Page 11 of 53
maximum area of a Flag not to exceed ninety -six (96) square feet in
area. A maximum of four (4) Flags or Flagpoles may be located on a
property. A Flag not displayed on a ground- supported staff shall
meet the permit and display requirements of a Banner.
(27) GARAGE SALE SIGN — An on -site temporary Sign used to advertise a
garage sale, yard sale, patio sale, or estate sale at an occupied residential
property that has obtained a Certificate of Occupancy.
a) Time — No sign permit required. Garage Sale Signs shall be given to
the property owner upon completion and processing of a garage sale
permit. A Garage Sale Sign shall not be erected for longer than three
consecutive days.
b) Place — Garage Sale Signs shall be erected on private property not
closer than ten (10') feet from the edge of any street pavement.
Garage Sale signs shall not be placed on a vehicle, fence, pole, tree,
median, or railing. Garage Sale Signs shall not be Balloons, Wind
Devices or other type of Sign, except Signs as issued by the City.
c) Manner — Garage Sale Signs shall be of the type and size as issued
by the City with the completion of a garage sale permit.
(28) GASOLINE PRICE — Gasoline price or credit card sign permanently
affixed to pump islands not exceeding twelve (12) square feet. No sign
permit is required. Gasoline Price signs associated with Canopy Signs
(Section 84 -232 (14)), Monument Signs (Section 84 -232 (50)), and
Pole /Pylon Signs (Section 84 -232 (66)) shall be restricted to those specific
sign -type regulations.
(29) GOVERNMENT AWARENESS SIGN — A Government Awareness
Sign is a temporary Stake Sign, Banner, or other apparatus including
Flags, used to convey health, safety and welfare information to the public
regarding City, County, State, or Federal government requirements and
regulations such as water restrictions, burn bans, or other similar
information.
a) Time — No sign permit required. No restrictions.
b) Place — No restrictions.
c) Manner — No restrictions.
(30) GOVERNMENT COMMUNITY EVENT SIGN — A temporary Stake
Sign, Banner, or other apparatus used to convey information to the public
regarding City - related activities and events (i.e.: Arbor Daze and the like).
Ordinance No. 1861, Page 12 of 53
a) Time - No sign permit required. A Government Community Event
Sign may be erected up to thirty (30) days prior to the event or
activity, and shall be removed within two (2) business days after the
event or activity.
b) Place — Government Community Event Signs shall only be placed at
a City public park and /or other City government property that
contains a public building; within a residential subdivision with
written permission from the Homeowner's Association or its
representative; at a private or public educational facility with
permission; and at the event location.
c) Manner — A Governmental Community Event Sign shall not be
placed in medians, easements, or within the right -of -way of any
thoroughfare.
(31) GRAFFITI — Pictures, words or slogans, images, or other artwork
painted, drawn, scratched or applied in any manner to exterior walls,
fences, structures, vehicles, stone, statues, buildings, or other items in
public view not authorized by the owner of such property or allowed as a
Mural. Graffiti includes the illegal or unauthorized defacing of a building,
wall, or other edifice or object by painting, or otherwise marking it with
words, pictures, or symbols, advertising, logos, relations with a group,
indecent /vulgar images, or offensive language(s). Graffiti is prohibited in
the City. This definition shall be used with Section 14 -163 Amendments to
the International Property Maintenance Code regarding graffiti.
(32) GRAND OPENING — A commemoration that promotes the opening of a
new business is a Grand Opening. A Grand Opening shall be within one -
hundred eighty (180) days of the issuance of a Certificate of Occupancy
from the Building Official. Grand Openings after one - hundred eighty
(180) days after the issuance of a Certificate of Occupancy requires
approval from the Building Official. A Grand Opening may only be
located at the business that received a Certificate of Occupancy from the
Building Official. A Grand Opening shall not exceed fourteen (14)
consecutive days in length.
(33) GRAND OPENING BALLOON(S) and /or BALLOON
ARRANGEMENT — A Grand Opening Balloon is a visible airtight,
inflatable apparatus with a maximum of one (1) square foot in total areas
in various shapes and /or designs made of latex, mylar, or other similar
material approved by the Building Official. A Grand Opening Balloon is
customarily a hand -held device with a maximum ten (10') foot in length
code, rope, string, wire or other similar material. Grand Opening Balloon
Arrangements are Grand Opening Balloons tied, twisted, or connected in
such a manner to design creative figures, shapes, crescents, and /or other
displays.
Ordinance No. 1861, Page 13 of 53
a) Time — A sign permit is required. Grand Opening Balloon(s) and/or
Grand Opening Balloon Arrangements shall only be displayed
during a Grand Opening at a business. Grand Opening Balloon(s)
and /or Grand Opening Balloon Arrangements shall be removed
within two (2) hours after the conclusion of the Grand Opening.
b) Place — Grand Opening Balloon(s) and/or Grand Opening Balloon
Arrangements shall only be displayed within twenty (20') feet of the
business' public entrance that has obtained a permit for a Grand
Opening. Grand Opening Balloon(s) and /or Grand Opening Balloon
Arrangements shall not be placed or displayed in front of (or at)
other businesses. Grand Opening Balloon(s) and /or Grand Opening
Balloon Arrangements shall not be attached to parking signs, bicycle
stands, benches, trees, fences, poles, railings, vehicles, existing
signage, display items, other structures, or placed in required parking
spaces. Grand Opening Balloon(s) and /or Grand Opening Balloon
Arrangements shall not block pedestrian or vehicular visibility or
cause a safety hazard.
c) Manner — Grand Opening Balloon(s) and /or Grand Opening Balloon
Arrangements may not exceed twenty (20') feet in height. Grand
Opening Balloon(s) and /or Grand Opening Balloon Arrangements
must be secured to the ground.
(34) HOA- NEIGHBORHOOD SIGN (HOA -NS) — A temporary Stake Sign
used to convey information regarding residential subdivision board
meetings, announcements, or other subdivision - related events to residents
within the subdivision.
a) Time — No sign permit required.
b) Place — A HOA -NS shall be located on private property within the
subdivision. A HOA -NS shall not be located along any major
thoroughfare or street artery outside of the subdivision screening
wall or perimeter barrier.
c) Manner — The maximum area of a HOA -NS shall not exceed six (6)
square feet. The maximum height of a HOA -NS shall not exceed
four (4) feet.
(35) HOLIDAY DECORATIONS — Signs or materials displayed in a
temporary manner on or prior to traditional, civic, patriotic or religious
holidays. No sign permit is required.
(36) HOME IMPROVEMENT SIGN — An on -site temporary Stake Sign that
advertises the name, phone number, website address, and /or type of
construction being performed on the property, such as a roof, fence, pool,
painting, landscaping, or other home improvement contractor.
Ordinance No. 1861, Page 14 of 53
a) Time — No sign permit required. A Home Improvement Sign shall be
removed within fifteen (15) days of being initially installed or when
the home improvement work is completed, whichever occurs first.
b) Place — A Home Improvement Sign shall be located only on the lot
at which the home improvement is occurring. A Home Improvement
Sign shall be erected on private property no closer than ten (10') feet
from the edge of any street pavement or designated roadway.
c) Manner — A Home Improvement Sign shall not exceed six (6) square
feet in area. A Home Improvement Sign shall not exceed four (4')
feet in height. A maximum of one (1) Home Improvement Sign shall
be erected on a lot.
(37) HUMAN SIGN — A sign held by or attached to a human being who stands
or walks on the ground on -site at a business location. A Human Sign
includes a person dressed in costume, both for the purposes of advertising
or otherwise drawing attention to an individual, business, commodity,
service, activity, or product.
a) Time — No sign permit required. Human Signs may be displayed
twenty -four (24) hours each and every continuing day.
b) Place — Human Signs shall be located on private property where a
sale, event, promotion, or the like is taking place. Human Signs may
not be off - location from where a promotion, sale, event, or the like
takes place.
c) Manner — Human Signs may not hold or carry Wind Devices, Flags,
or Balloons. Human Signs shall only be persons who stands or walks
on the ground on private property. Podiums, risers, stilts, vehicles,
roofs, or other structures or devices shall not support a Human Sign.
(38) ILLUMINATED SIGN — A Sign designed or made that consists of
lights, LEDs, or other form of illumination that displays a message or
picture that does not scroll, fade, blink, flash, travel, or any other means
that does not provide constant illumination.
(39) IMPOUNDED SIGN — A Sign that is legally removed by a City -
authorized official, inspector, officer, other City employee(s) or City -
authorized person(s) in accordance with the provisions of this Article.
(40) INFLATABLE DEVICE SIGN (IDS) — A Sign manufactured of plastic,
cloth, canvas, or other flexible or light fabric, inflated with air, secured to
the ground, does not float, and does not exceed thirty (30') feet in height.
An IDS may be considered as part of a Special Event Sign Permit.
Ordinance No. 1861 , Page 15 of 53
a) Time — A sign permit is required. The sign permit must be displayed
in a conspicuous place visible from the street for the purpose of
walk -up inspection. A sign permit shall not be issued until the City
has issued a Certificate of Occupancy for the business that elects to
display an IDS. One (1) IDS may be erected on a lot for no more
than three (3) fourteen (14) day periods per calendar year. A
business can only display one (1) ' IDS at a time. In the case of
multiple businesses or tenants located on a single lot, each business
is allowed to erect an IDS on the lot for three (3), fourteen (14) day
periods, provided that not more than one (1) IDS is installed along
any street frontage at the same time.
b) Place — An IDS shall not be located in required parking spaces, or
driveways that provide access to parking spaces or fire lanes, nor
shall any IDS or its securing devices encroach into a right -of -way.
IDSs are only permitted within a non - residential zoning district.
c) Manner — An IDS shall be secured directly to and not floating from
the ground. An IDS shall not be placed on a roof, canopy, parking
garage, or awning, or suspended or floating from any building or
garage. The maximum height of an IDS shall not exceed thirty (30')
feet. One (1) Banner may be applied to an IDS. A Banner applied to
an IDS shall not count toward the allotted number of Banners during
a calendar year. The maximum area of a Banner applied to an IDS
shall not exceed forty -eight (48) square feet. An IDS shall not be
installed within two - hundred (200') feet from another IDS measured
in a straight line in any direction. Cloud Buster Balloons, blimps,
Wind Devices or any similar type of apparatuses are not an IDS.
Holiday decorations not specifically associated with a Sign are not
considered as an IDS.
(41) INSTRUCTIONAL / INFORMATIONAL SIGN —The sole purpose of
an Instructional /Informational Sign is to provide instruction, information,
or direction to the general public that is essential to the health, safety, and
public welfare of the community. An Instruction/Informational Sign shall
contain no other message, copy, announcement, or decoration other than
the essential instruction, information or direction and shall not advertise or
otherwise draw attention to an individual, business, commodity, service
activity, or product. Such signs shall include, but are not limited to: a Sign
identifying a property address, street address, restrooms, public
telephones, handicap parking spaces, reserved parking spaces, freeze
warning, no trespassing, no dumping, no loitering, no soliciting, beNvarc of
warning, water resource information, neighborhood watch information,
lock/take & hide information, construction entrance, and /or exit signage.
Instructional /Informational Signs will include a Sign of a warning,
directive or instruction erected by a public utility company that operates
Ordinance No. 1861, Page 16 of 53
under a franchise agreement with the City and /or signs required by
Federal, State or other local authorities.
a) Time — A sign permit is not required. No Restrictions.
b) Place — No Restrictions.
c) Manner — The maximum area of an Instructional /Informational Sign
is sixteen (16) square feet.
(42) INTERNAL SIGN — Sign visible only from the property on which
located or visible off the property only through a window or windows
from which they are set back at least ten (10') feet. No sign permit is
required.
(43) RESERVED.
(44) LOGO — Any design, insignia or other marking of a company or product,
which is used in advertising to identify the company, business or product.
(45) MAIN STREET SIGN REGULATIONS — All signs located within the
boundaries of the Main Street District (all properties abutting North Main
Street between the center lines of South Pipeline Road and Glade Road) or
a sign located on an intersecting street, in which the sign is located within
three hundred (300') feet of the nearest right -of -way line of Main Street
shall conform to the sign regulations as prescribed by Section 84 -177 of
the UDC.
(46) MEMORIAL SIGN — Markers, plates, plaques, etc. when deemed an
integral part of a structure building or landscape. No sign permit is
required.
(47) MENU BOARD SIGN — A sign erected in conjunction with a use that
incorporates a drive -thru or drive -in and generally used to provide service
and /or product options and pricing for patrons who remain in a vehicle.
a) Time — A sign permit is required. A sign permit shall not be issued to
erect or place a Menu Board Sign on a property until a site plan is
approved by the City Council for the development of the property
and after issuance of a Building Permit for a building on the
property.
b) Placc - A Menu Board Sign is permitted only in conjunction with a
non - residential use or in a non - residential zoning district. The
minimum front building setback is twenty -five (25') feet from the
property line.
c) Manner —
Ordinance No. 1861, Page 17 of 53
(1) Drive -thru Menu Board Sign — A Menu Board Sign shall be
supported from the grade to the bottom of the sign having or
appearing to have a solid base. The design, materials, and finish
of the Menu Board Sign shall match those of the building(s) on
the same lot. One (1) Menu Board Sign is permitted per drive -
thru use on a lot. The maximum area of a Menu Board Sign is
sixty (60) square feet. The maximum height of Menu Board Sign
is six (6') feet.
(2) Drive -thru Pre -Order Sign — A Drive -thru Pre -Order Sign shall
be supported from the grade to the bottom of the sign having or
appearing to have a solid base. The design, materials, and finish
of a Drive -thru Pre -Order Sign shall match those of the
building(s) on the same lot. One (1) Drive -thru Pre -Order Sign is
permitted at the entrance of the drive -thru lane on a lot. The
maximum area of a Drive -thru Pre -Order Sign is twenty -four (24)
square feet in area. The maximum height of a Drive -thru Pre -
Order Sign is six (6') feet.
(3) Drive -in Menu Board Sign — A Drive -in Menu Board Sign shall
be supported from the grade to the bottom of the sign having or
appearing to have a solid base. If the drive -in stalls are covered
by a canopy, the Drive -in Menu Board signage may be attached
directly to the canopy support columns. The design, materials,
and finish of a Drive -in Menu Boards Sign shall match those of
the building(s) on the same lot. One (1) Drive -in Menu Board
Sign is permitted per ordering station. The maximum area of a
Drive -in Menu Board Sign is nine (9) square feet in area. The
maximum height of a Drive -in Menu Board Sign is six (6) feet.
(4) Noise Level — A Drive -thru or Drive in Menu Board Sign which
engages a speaker or other form of audible communication
between the vehicle and store shall conform to Article IV,
Chapter 46 Noise of the Code of Ordinances.
(48) MERCHANDISE SIGNS AND /OR DISPLAYS — Any goods, wares,
merchandise or other advertising object or structure suspended, applied,
erected, installed from or on any building, or pole, structure, sidewalk,
parkway, driveway, parking area, fuel pump island or its supports, bridge
or overpass for the purpose of advertising such items or attracting patrons.
Merchandise Signs and /or Displays are prohibited within the City, except
as specifically allowed by any Cite ordinance or required by Federal or
State law.
(49) MOBILE ADVERTISEMENT SIGN — An operable or inoperable
vehicle with illuminated or non - illuminated panels, other devices, or
appendages used to advertise, promote or draw attention to products,
Ordinance No. 1861, Page 18 of 53
services, events, or other similar purpose. The primary purpose of a
Mobile Advertisement Sign is advertising.
a) Time — No requirement.
b) Place — A Mobile Advertisement Sign is prohibited from being
parked, driven, stationed, or moving in any manner on private
property within the City for longer than twenty (20) minutes per
twenty -four (24) hour day.
c) Manner — A Mobile Advertisement Sign shall only be driven on
public streets in the City.
(50) MODEL HOME SIGN — A Sign used to identify a builder or contractor
model house that is open to the public for inspection by customers and
located within a residential zoning district. A Model Home Sign provides
a builder's name, Logo, hours of operation, website information, and /or
telephone number.
a) Time — A sign permit is required. A sign permit shall not be issued
until a final plat has been approved by the Planning and Zoning
Commission for development of the subdivision. A sign permit for a
Model Home Sign will not be issued until after a Building Permit
has been issued for construction of a dwelling model home or
temporary sales trailer.
b) Place — A Model Home Sign is permitted on a lot that has been
issued a Building Permit for construction of a residential dwelling or
temporary sales trailer. One (1) Model Home Sign is allowed per
residential lot. The minimum front setback of a Model Home Sign
shall be fifteen (15') feet from the property line. The minimum side
or rear setback of a Model Home Sign shall be ten (10') feet from
the property line.
c) Manner — The maximum area of a Model Home Sign shall not
exceed forty -eight (48) square feet. A Model Home Sign shall be
supported from the grade to the bottom having a solid base with a
one (1') foot masonry border or decorative embellishment border.
All decorative embellishment borders and /or masonry borders will
be included in the calculation of the total area of the Model Home
Sign. The maximum height of a Model Home Sign shall not exceed
five (5') feet. The average finished grade of the lot shall not be
altered to increase the height of the Model Home Sign. Model Home
Signs shall not contain Neon.
(51) MONUMENT SIGN - A sign supported from the grade to the bottom of
the sign having or appearing to have a solid and opaque base and used to
Ordinance No. 1861, Page 19 of 53
identify tenants or name of a business located within a development or on
a separately platted lot within a planned development.
a) Time - A sign permit is required. A sign permit shall not be issued to
erect, install or place a Monument Sign on a property until a site plan
and /or final plat has been approved by the Planning and Zoning
Commission and /or City Council for development of the property
and after the issuance of a building permit for a building on the
property.
b) Place — Monument Signs are permitted in nonresidential zoning
districts or nonresidential areas and on a lot containing an apartment
complex, daycare facility, school, community center, amenity center,
marketing center, or religious facility. A Monument Sign is
permitted on the same lot as a Multi - Tenant Development Sign
(MTDS), but the total number of MTDS and Monument Signs
located within a development shall generally not exceed the number
of lots located within the development. The total number of signs
shall not be permitted to exceed the total number of lots in the
development when additional Monument Signs or MTDS are
permitted on a property. The minimum front yard setback for a
Monument Sign is fifteen (15') feet from the property line. The
minimum side and rear setback from the property line shall be equal
to the height of the Monument Sign. Monument Signs shall not be
placed within any designated or dedicated public utility easements
without the approval of an Easement Use Agreement from the
appropriate utility.
c) Manner -
(1) The design, materials, and finish of a Monument Sign shall match
those of the buildings on the same lot. A Monument Sign shall
contain a minimum one (1') foot masonry with mortar border
around all sides. A Monument Sign constructed entirely of
masonry materials, as defined in Section 84 -181 of this Code, as
it currently exists or may be amended, shall satisfy the one (1')
foot masonry border requirement. Back -lit Monument Signs shall
be inset into the pedestal rather than attached or applied to the
pedestal.
(2) Monument Signs constructed in conjunction with MTDS shall be
consistent with the building elements and materials of the MTDS
within the development. Architectural embellishments are also
encouraged and may be considered through the review of a
Unified Sign Development Plan.
Ordinance No. 1861 , Page 20 of 53
(3) A lot is allowed a maximum of one Monument Sign per street
frontage.
(4) The maximum area of a Monument Sign, including the one (1')
foot masonry border, is sixty (60) square feet.
(5) The maximum height of a Monument Sign is eight (8') feet.
(6) Monument Signs are permitted to contain electronic variable
messages subject to the following conditions:
i.) Electronic variable message Monument Signs shall only be
permitted along a major arterial or greater as designated in the
city's thoroughfare plan, as it currently exists or may be
amended.
ii.) Electronic variable message Monument Sign characters shall
have a minimum height of ten (10) inches and a maximum
height of sixteen (16) inches.
iii.) Electronic variable message Monument Signs shall not be
animated, flash, travel, blink, fade, or scroll.
iv.) Electronic variable message Monument Signs shall remain
static for not less than fifteen (15) seconds.
v.) Electronic variable message Monument Signs are permitted
to contain time and temperature displays. The time and
temperature shall remain static for not less than three (3)
seconds.
vi.) Electronic variable message Wall signs are also permitted,
but only one (1) variable message sign, either Monument or
Wall, is permitted per lot.
(52) MONUMENT (INTERNAL) SIGN (MIS -2). A MIS -2 is a sign that is
supported from the grade to the bottom of the sign having, or appearing to
have, a solid base and generally used to provide direction to drive -thru
lanes, buildings, and tenants within large multi - tenant retail, multifamily,
or office developments. A MIS -2 is permissible subject to the following
conditions:
a) Tiine - A sign permit is required. A sign permit shall not be issued to
erect, install or place a MIS -2 on a property until a site plan and /or
final plat has been approved by the Planning and Zoning
Commission and /or City Council for development of the property
and after the issuance of a building permit for a building on the
property.
Ordinance No. 1861, Page 21 of 53
b) Place - A MIS -2 is permitted only in conjunction with a
nonresidential use or in a nonresidential zoning district. Minimum
front setback is seventy -five (75') feet from the property line. The
minimum rear and side yard setback shall be equal to the height of
the sign.
c) Manner —
(1) The design, materials, and finish of MIS -2s shall match those of
the buildings on the same lot. MIS -2s constructed in conjunction
with MTDS and /or Monument Signs shall be consistent with the
building elements and materials of the MTDS and Monument
Signs on the same lot and within the same development.
(2) If a property averages more than two (2) MIS -2s per acre, a
Unified Sign Development Plan must be approved prior to
placement of the MIS -2s.
(3) The maximum area of a MIS -2 is sixty (60) square feet.
(4) The maximum height of a MIS -2 is eight (8') feet.
(53) MOVING SIGN - Any sign, sign appendages or apparatus designed or
made to move freely in the wind or designed or made to move by an
electrical or mechanical device. Moving signs, and /or any sign appendage
that moves, are prohibited in the City.
(54) MULTI - TENANT DEVELOPMENT SIGN (MTDS) - A MTDS is a
sign that is supported from the grade to the bottom of the sign having, or
appearing to have, a solid base or a sign that is supported by poles or
supports in or upon the ground independent of any building and is used to
identify multiple tenants within a development. A MTDS is permissible on
a nonresidential zoned property subject to the following conditions.
a) Time - A sign permit is required. A sign permit shall not be issued to
erect, install or place a MTDS on a development containing multiple
parcels until a Unified Sign Development Plan has been approved. A
Unified Sign Development Plan is not required for a MTDS on a
single parcel development. A sign permit for a MTDS shall not be
issued to erect, install or place a MTDS until a subdivision plat,
preliminary site plan, and/or site plan for the property has been
approved by the Planning and Zoning Commission, and /or City
Council and after issuance of a building permit for a building within
the development.
b) Place —
Ordinance No. 1861, Page 22 of 5' )
(1) MTDS shall be located within a development that may contain
multiple tenants and /or multiple lots under a single development.
(2) A MTDS is permitted on the same lot as a Monument Sign, but
the total number of MTDS and Monument Signs located within a
development shall generally not exceed the number of lots
located within the development. The total number of signs shall
not be permitted to exceed to the total number of lots in the
development when additional MTDS are permitted on a property.
(3) The minimum front setback for a MTDS is fifteen (15') feet from
the property line.
(4) No minimum side yard and rear yard setbacks are required for a
MTDS, but a MTDS shall not be located closer than 75 feet to
another MTDS or a Monument Sign.
c) Manner -
(1) A MTDS shall be constructed of materials and a design
consistent with the buildings located on the property.
(2) The maximum area and height of a MTDS shall be based on the
proximity of the development to the adjacent street classification.
Ordinance No. 1861, Page 23 of 53
Maximum Area
Maximum Height
Twenty (20) square feet per
Local and
tenant up to two hundred sixty
Fifteen (15') Feet
Collector Streets
(260) square feet inclusive of
development identification
Twenty five (25) square feet per
tenant up to three hundred
Minor Arterials
twenty five (325) square feet
Twenty (20') Feet
inclusive of development
identification
Thirty (30) square feet per tenant
Major Arterials
up to three hundred twenty five
Thirty (30') Feet
(325) square feet inclusive of the
development identification
Forty (40) square feet per tenant
Highways
up to six hundred (600) square
Forty (40') Feet
feet inclusive of development
identification
Ordinance No. 1861, Page 23 of 53
(3) Architectural embellishments for MTDS are encouraged.
Exceptions in maximum height and area may be considered
through the review of the Unified Sign Development Plan.
(4) One MTDS is permitted per street frontage of the development.
One additional MTDS is permitted along a street for each
additional seven hundred and fifty (750') linear feet, or portion
thereof, of street frontage that exceeds seven hundred and fifty
(750') linear feet of street frontage.
(5) Variable messages are not permitted within MTDS.
(55) MUNICIPAL BANNER - A temporary sign having characters, letters, or
illustrations applied to plastic, cloth, canvas, or other light fabric or similar
material, with the only purpose of such non -rigid material being for
background used by the City, either acting alone or in cooperation with
another person or entity, to promote the City, aide in economic
development or economic activity in the City, promote citizenry and good
will, promote awareness of happenings in the City, promote municipal -
related places, activities, events, or promote municipal - related information
or an event or similar happening determined by the City to directly relate
to the City's objectives in speaking on its own property. A Municipal
Banner includes ornamentations and seasonal decorations.
a) Time - Written permission from the City Manager or their designee
is required. No time restriction.
b) Place - A Municipal Banner may be erected on any City -owned
property, including but not limited to pavilions, fences, walls,
vehicles, poles and light poles, and /or any other structure or
apparatus approved by the City Manager or their designee.
c) Manner - Municipal banners shall not be faded, tattered or torn.
(56) MURAL - Pictures or artwork painted, drawn or applied on the exterior
walls that does not depict or contain advertising, logos, or images of a
product or service available on -site or off - location. Murals are not used to
advertise products or services offered or sold off - location or on -site.
a) Time - A sign permit is required. A sign permit shall not be issued to
paint, draw, apply or place a mural on a property until a site plan
and /or final plat is approved by the Planning and Zoning
Commission and /or City Council for development of the property
and after issuance of a building permit for a building on the property.
Ordinance No. 1861, Page 24 of 53
b) Place - A Mural shall be located above grade and below a roof and
only be located within a nonresidential zoned district. Murals shall
not be applied to a roof or other similar cover of a building or
structure.
c) Manner - The maximum area of a Mural shall not exceed the length
or height of the exterior wall on which it is painted, drawn or
applied. A Mural shall not face a residential neighborhood, unless
separated by a major thoroughfare. Murals are permitted only in
conjunction with a nonresidential use or in a nonresidential zoning
district.
(57) NAME SIGN — Sign having an area of not more than two (2) 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. No sign
permit is required.
(58) NEGLECTED SIGN - A sign that has any missing panels, burned out
lights, missing letters or characters, has rust, has loose parts, has damage,
faded from its original color, supports or framework with missing sign or
parts, or is not maintained. Neglected signs are prohibited in the City.
(59) NEON TUBING - A discharge tube containing neon that ionizes and
glows with various colors when electric current is sent through it.
(60) NONCONFORMING SIGN - Any sign and its supporting structure that
does not conform to all or any portion of this Article and was in existence
and lawfully erected prior to the effective date of this Article; and was in
existence and lawfully located and used in accordance with the provision
of any prior ordinances applicable thereto, or which was considered
legally nonconforming there under, and has since been in continuous or
regular use; or was used on the premises at the time it was annexed into
the city and has since been in regular and continuous use.
(61) NOTICE - Notice required by this Article shall be sufficient if it is
effected by personal delivery, registered or certified mail, return receipt
requested, by the United States Postal Service and /or posting at premises.
(62) OFF - LOCATION or OFF - PREMISES SIGN - A sign that advertises,
promotes, or pertains to a business, person, organization, activity, event,
place, service, product, etc. at a location other than where the business,
person, organization, activity, event, place, service, product, etc. is
located. Off - location and off - premises signs are prohibited in the City.
(63) ON -SITE - The property or location on which a business, person,
organization, activity, event, place, service, product, etc. is located.
Ordinance No. 1861, Page 25 of 53
(64) OPEN HOUSE RESIDENTIAL SIGN - A temporary Stake Sign used to
advertise the name of a realtor or homeowner, phone number, date, open
house address, and /or time of a residential open house.
a) Time - No sign permit required. OHRS shall be erected no earlier
than 9:00 a.m. Saturday before the open house and shall be removed
no later than 6:00 p.m. Sunday of the open house during the same
weekend. OHRS shall not be erected during week days.
b) Place - OHRS shall be located only on private residential property
with the consent of the property owner and the subject property
having the open house.
c) Manner - The maximum area of an OHRS sign shall not exceed six
(6) square feet. The maximum height of an OHRS shall not exceed
four (4) feet. An OHRS shall not contain balloons, streamers, flags,
pennants, or other wind devices. An OHRS shall not be placed on a
vehicle, fence, pole, tree, or railing.
(65) PENNANT - Any lightweight plastic, fabric or other material, whether or
not it contains a message of any kind, suspended from a rope, wire, cord,
string or other similar material designed to move in the wind whether
existing in a series or individually. Pennants are generally prohibited in the
City unless permitted through a Grand Opening or Special Event Sign
Permit.
(66) PERSON - Any person, firm, partnership, corporation, company, limited
liability company, organization, business or entity of any kind.
(67) POLE/PYLON SIGN - A sign erected on a vertical framework consisting
of one or more uprights supported by the ground independent of support
from any building.
a) Time — A sign permit is required. A sign permit shall not be issued to
erect, install or place a Pole /Pylon Sign on a property until a site plan
has been approved by the City Council for development of the
property and after the issuance of a building permit for a building on
the property.
b) Place - Pole /Pylon Signs are permitted in nonresidential zoning
districts or nonresidential areas and on a lot containing a daycare
facility, school, community center, amenity center, marketing center,
or religious facility. The minimum front yard setback for a
Pole /Pylon Sign is fifteen (15') feet from the property line. The
minimum side and rear setback from the property line shall be equal
to ten (10) percent of the lot width. Pole /Pylon Signs shall not be
placed within any designated or dedicated public utility easements
Ordinance No. 1861, Page 26 of 53
without the approval of an Easement Use Agreement from the
appropriate utility.
c) Manner — The maximum area and height of a Pole /Pylon Sign shall
be based on the proximity of the development to the adjacent street
classification.
(68) POLITICAL SIGN - A sign that relates to the election of a person to a
public office, relates to a political party, relates to a matter to be voted
upon at an election called by a public body, or contains primarily a
political message.
a) Time - No Sign permit required. Signs shall be removed within seven
(7) calendar days after the completion of the election.
b) Place - Political signs shall be located only on private property with
the consent of the property owner. A Political Sign shall not be
erected closer than ten (10') feet from the edge of the street
pavement. located on any public property_ within a designated
easement or right -of -way.
c) Manner - Political Signs shall not exceed eight (8') feet in height
measured from the ground to the highest point of the sign. Political
Signs shall not exceed thirty -six (36) square feet in area. Political
Ordinance No. 1861, Page 27 of 53
Maximum
Maximum
Maximum
Area
Height
Number
Local and Collector Streets
Fifty (50)
Fifteen (15')
square feet
feet
One hundred
Twenty (20')
One (1) per
Minor Arterials
(100) square
feet
two
feet
hundred
One hundred
(200) feet
Major Arterials
fifty (150)
Thirty (30')
of street
square feet
feet
frontage or
portion of
Two hundred
Highways or Freeways
fifty (250)
Fifty (50') feet
square feet
Hotels, Retail Fuel Sales
Three
and Restaurants within
hundred
Sixty (60')
One (1)
three hundred (300) feet of
(300) square
feet
a Highway
feet
(68) POLITICAL SIGN - A sign that relates to the election of a person to a
public office, relates to a political party, relates to a matter to be voted
upon at an election called by a public body, or contains primarily a
political message.
a) Time - No Sign permit required. Signs shall be removed within seven
(7) calendar days after the completion of the election.
b) Place - Political signs shall be located only on private property with
the consent of the property owner. A Political Sign shall not be
erected closer than ten (10') feet from the edge of the street
pavement. located on any public property_ within a designated
easement or right -of -way.
c) Manner - Political Signs shall not exceed eight (8') feet in height
measured from the ground to the highest point of the sign. Political
Signs shall not exceed thirty -six (36) square feet in area. Political
Ordinance No. 1861, Page 27 of 53
signs shall not be illuminated. Political Signs shall not contain any
moving elements or parts. Political Signs shall not be dilapidated or
cause a hazard.
(69) PORTABLE SIGNS - Any sign designed or intended to be relocated
from time -to -time, whether or not it is permanently attached to a building
or structure, or is located on the ground. Portable Signs include signs on
wheels or on portable or mobile structures, such as, among other things,
trailers, skids, banners, tents or other portable structures, A -frame signs,
T- shaped signs, airborne devices, or other devices used for temporary
display or advertising. Portable Signs are prohibited in the City except as
specifically allowed by this Article of the UDC.
(70) PROHIBITED LIGHTILIGHTS - Lights are any form of light sources
or lumens, whether by electromagnetic radiation, flame, reflection, or any
other form of lumens that acts upon the retina of the eye and optic nerve
that makes sight possible. Prohibited Lights are lights that blink, strobe,
flash, fade, scroll, or anything other than stationary or static that attracts
the attention of the general public, or causes light pollution or light
trespass. Prohibited Lights placed in any manner where the light is visible
from the exterior of a business or other nonresidential use facility are
prohibited in the City. Exception: Federal, state and municipal authorized
emergency devices or apparatuses, emergency vehicles, utility repair
vehicles, fire and building code light devices for emergency and /or
security purposes, or other required lighting for public safety purposes are
not prohibited and must comply with all applicable ordinances or
regulations.
(71) PROHIBITED SIGNS — It shall be in violation of this Article for any
person, company or agent to erect, place display or locate any sign having
any of the following characteristics. Signs deemed unsafe to the general
public either due to location the sign is erected or the condition of the sign
may be removed immediately by the Building Official or their designee.
a) Unreferenced or No Permit Issued - Any sign not referenced in or
governed by this Article or any sign erected or installed without the
issuance of a permit either prior to or after the adoption of this
Article (if a permit is required).
b) Odor or Visible Matter Emitting — No sign shall be permitted that
emits odor or visible matter.
c) Blocking of Public Access — No sign shall block or obstruct public
access, fire escapes, traffic visibility, or public utilities. No sign shall
be sign erected or installed in or over a public right -of -way or access
easement, unless permitted within this Article.
Ordinance No. 1861, Page 28 of 53
d) Imitation Governmental Signs — No signs shall imitate governmental
signs including traffic control signs and /or devices.
e) Obscenities — No sign shall contain obscene, indecent, or immoral
words, pictures or other matter.
f) 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 fifty (50') of such signal.
g) Painting on Streets — No painting, marking or attachment of a sign to
the street, sidewalk, and building other than house numbers or
occupant's name or as provided within this Article.
h) Proximity to Power Lines — No portion of any sign shall be located
closer than ten (10') feet to any overhead power or service line.
i) 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.
j) Decorative Flags — Flags other than national, state, municipal or
corporate flags as permitted by this Article shall not be permitted in
commercial or multi - family districts.
(72) PROJECT/DEVELOPMENT SIGN (PDS) - A temporary sign used to
advertise or display contact information of property owners, opening
dates, architects, contractors, engineers, landscape architects, and /or
financiers, who are engaged with the design, construction, improvement or
financing of a residential subdivision with homes under construction
within the subdivision to which it pertains or within a commercial project
to which it pertains. PDS is generally constructed of wood, metal or other
similar materials approved by the Building Official. A PDS may include
zoning information and advertise residential builders selling homes within
a subdivision. In no case shall a PDS contain information that pertains to
off - premise uses.
a) Time - A Sign permit is required. The sign permit number, date
installed, and sign contractor's name must be placed on the sign in no
less than one (1") inch in height in a conspicuous place on the sign.
PDS signs must be removed when ninety -five (95) percent of the
buildings/homes in the commercial project /subdivision have been
issued a Certificate of Occupancy.
b) Place - The PDS shall be installed no closer than fifteen (15') feet to
any property line. The minimum distance between a PDS and
another PDS is two hundred (200') feet.
Ordinance No. 1861, Page 29 of 53
c) Manner - A PDS installed on a lot where a contractor requests a final
inspection must be removed prior to the final inspection and issuance
of a Certificate of Occupancy. The maximum area of a PDS is
ninety -six (96) square feet. The maximum height of a PDS is sixteen
(16') feet. A maximum of one PDS is allowed along a major street
frontage per subdivision. When a subdivision has more than one (1)
major thoroughfare, one (1) PDS `may be placed on each major
thoroughfare.
(73) PROJECTING SIGN - A sign attached and projecting out from a
building face or wall, generally at a right angle to the building.
a) Time - A sign permit is required. A sign permit shall not be issued to
erect or install a Projecting Sign at a property until a building permit
is issued for the building where Projecting Sign is to be attached.
b) Place - A Projecting Sign is permitted only in conjunction with a
nonresidential use or in a nonresidential district provided no portion
of the sign extends over the required building line more than twenty -
five (25) percent of the minimum building setback requirement for
that zoning district. When a projecting sign is constructed over a
pedestrian sidewalk, a minimum of nine (9') feet of clearance shall
be provided between the grade of the sidewalk and the lowest
portion of a Projecting Sign. No Projection Sign shall extend above
the top plate line of the associated building.
c) Manner - The maximum area of a Projecting Sign is fifty (50) square
feet per sign face. No Pole or Monument Sign shall also be located
on the property.
(74) PROPERTY - An area of real estate designated as a parcel or lot on a
final plat approved by the City and filed with the county clerk's office, or
an unplatted tract of land as shown on an abstract.
(75) PUBLIC NUISANCE - Any sign or similar device that causes annoyance
either to a limited number of persons or to the general public or because of
its attraction causes a hazard or dangerous condition.
(76) PUBLIC VIEW - Visible from any public right -of -way, City right -of-
way, or access easement.
(77) RESIDENTIAL REAL ESTATE SIGN (RRES) - An on -site,
temporary Stake Sign used to advertise a home or residential property for
sale or lease. A RRES is used to advertise the name of the owner or
realtor, telephone number, property information, and/or website address.
a) Time - No sign permit required. A RRES may be erected 24 hours
each and every day.
Ordinance No. 1861, Page 30 of 53
b) Place - A RRES shall be erected only on the lot on which the home
or property is for sale or lease. A RRES shall be erected no closer
than ten (10') feet from the street pavement.
c) Manner - A RRES shall not exceed six (6) square feet in area. The
maximum height of a RRES shall not exceed four (4') feet. A
maximum of one RRES shall be erected on a lot.
(78) REVOLVING SIGN - Any sign that turns, spins, or partially revolves
or completely revolves three hundred sixty (360) degrees on an axis.
Revolving signs are prohibited in the City.
(79) 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:
a) Highways or Freeways — Highways and 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.
b) Major Arterials — Major arterials shall include those roadways whose
primary function is to carry multi - jurisdictional traffic and, for the
purpose of this Article, are hereby specifically limited to S.H. 10, FM
157, and Mid - Cities Boulevard.
c) Minor Arterials — Minor arterials shall include Glade Road, Harwood
Road, West Pipeline, Raider Drive, Westpark Way, and Euless Main
Street.
d) Local and Collector Roads — Local and Collector roadways shall be
considered all other roads not specifically named herein.
(80) ROOF SIGN - A sign mounted on and supported by the roof portion of a
building or above the uppermost edge of a parapet wall of a building and
which is wholly or partially supported by such a building or a sign that is
painted directly to or applied on the roof or top of a building or structure.
A sign that is mounted on mansard roofs, or architectural projections, such
as canopies or the facade (wall) of a building or structure shall not be
considered to be a Roof Sign.
a) Time - A Sign permit is required. A sign permit shall not be issued
to erect or place a roof sign on a property until a sign plan and,'or
final plat is approved by the Planning and zoning Commission
and /or City Council for development of the property, and after the
issuance of a building permit at the property.
Ordinance No. 1861, Page 31 of 53
b) Place. Roof Signs may be erected on nonresidential buildings in
commercial or industrial zoning districts. The top of a Roof Sign
shall not extend higher than the roof peak.. A Roof Sign may be
installed on a parapet wall; provided, the parapet wall extends
around the entire perimeter of the building at the same elevation. A
Roof Sign may be erected on a secondary canopy or a secondary
roof over an entry to a building.
c) Manner — The maximum sign area for Roof Signs shall be limited to
fifteen (15) percent of the exterior wall elevation over which the roof
sign is oriented.
(8 1) SANDWICH BOARD SIGN - See "A -frame sign ", above.
(82) SCHOOL SIGN - An onsite temporary Stake Sign used to convey school
registrations, enrollments, open houses, award ceremonies, PTA meetings,
or other school - related events or functions for a public or private
educational facility to where the information pertains. A School Sign
excludes information pertaining to dates, times, and /or locations of
scheduled athletic games.
a) Time - No sign permit required. A School Sign may be erected up to
seven (7) days prior to the event and shall be removed no more than
forty -eight (48) hours after the conclusion of the meeting or event.
b) Place - With permission of the owner, a School Sign shall be placed
at a private or public school, and /or at an improved property that has
received a Certificate of Occupancy. A School Sign shall be erected
on private property not closer than ten (10') feet from the edge of
any street pavement.
c) Manner - The maximum area of a school sign shall not exceed six
(6) square feet. The maximum height of a school sign shall not
exceed four (4') feet. A school sign shall not contain any balloons,
streamers, pennants, flags, or wind devices.
(83) SCOREBOARD - A scoreboard is a structurally- engineered sign erected
at an athletic field or stadium and which is generally used to maintain the
score or time expired in an event at the field or stadium. This definition
includes signs mounted or applied to the outfield wall within a baseball
field.
a) Time - No sign permit required. No restrictions.
b) Place - Scoreboards shall be erected within or adjacent to an athletic
field or stadium.
c) Manner - No restrictions.
Ordinance No. 1861, Page 32 of 53
(84) SEARCHLIGHT or SKYLIGHT - Any apparatus capable of projecting
a beam or beams of light.
a) Time — A sign permit is required. The sign permit must be displayed
in a conspicuous place visible from the street for the purpose of
walk -up inspection. A sign permit shall not be issued until the City
has issued a Certificate of Occupancy for the business that elects to
display a searchlight or skylight. One (1) searchlight or skylight may
be erected on a lot for no more than three (3) individual periods per
calendar year. A single permit for a searchlight or skylight may be
issued for only one (1) twenty -four (24) hour period at a time. A
business can only display one (1) searchlight at a time.
b) Place — A searchlight or skylight shall not be located in required
parking spaces, or driveways that provide access to parking spaces or
fire lanes, nor shall any searchlight or skylight or its securing devices
encroach into a right -of -way. Searchlights and skylights are only
permitted within a non - residential zoning district.
c) Manner — Searchlights (skylights) shall not be located within two
hundred (200') feet of a residence and shall not shine into the eyes of
occupants in any vehicle or into the any residential window or where
the illumination interferes with the readability of any traffic signal or
device.
(85) SEXUALLY ORIENTED BUSINESS (SOB) SIGNS — Signs utilized to
advertise SOBs within the City are governed under Chapter 18 of the City
Code regarding the regulation and licensing of Sexually Oriented
Businesses.
(86) SIGN - Any form of publicity or advertising which directs attention to an
individual, business, commodity, service, activity, event, or product by
means of words, lettering, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names or trademarks, or other pictorial
matter designed to convey such information and displayed by means of
print, bills, posters, panels, or other devices erected on an open
framework, or attached or otherwise applied to stakes, posts, poles, trees,
buildings, or structures or supports. This definition shall also include any
device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or communicate information of any kind to the
public.
(87) SKYLIGHT - See Searchlight (Section 84 -232 (84)), above.
(88) SPECIAL EVENT SIGN PERMIT — A permit issued for a temporary
sign installation approved by the Building Official or their designee,
which specifically allows, banners, pennants, balloons, Grand Opening
Ordinance No. 1861, Page 33 of 53
Balloons, advertising matter and stake signs which may be displayed to
alert the public of a Grand Opening, special sales, or similar events. All
signage shall be made of materials that are approved by the Building
Official.
a) Time — A sign permit is required. Special event signage shall be
permitted for a duration of no more than seven (7) consecutive days
per permit. No more than four (4) special event permits shall be
issued for any one business during any calendar year. Special event
permits cannot be issued in a consecutive manner. A minimum thirty
(30) day interval must pass from the expiration of one special event
sign permit to the issuance of another.
b) Place — Special event signage shall be confined to the on -site
location that has obtained the permit. Special event signage shall be
located in such a manner as to not interfere with the movement of
sight visibility of pedestrian or vehicle traffic.
c) Manner — All manner of special event signage requested within the
permit shall be in conformance with the dimensional and location
restrictions hereby defined by this Article.
d) Permit — Applications for special event sign permits shall consist of
an application fees as established by the City fee ordinance (Chapter
30) and two sets of drawings that depict the nature, size, shape,
height, type of materials and location of such requested signage.
(89) STAKE SIGN - A temporary sign that does not exceed six (6) square feet
in area with a base /stake commonly made of metal, wood or other similar
material approved by the Building Official with an end for driving into the
ground.
(90) SUBDIVISION IDENTITY SIGN - A Subdivision Identity Sign is a
sign mounted to a screening wall or engraved into a masonry block which
identifies a residential development or a planned development, whether
residential or noncommercial, and generally refers to the platted name of
the subdivision or planned development.
a) Time - A sign permit is required. A sign permit shall not be issued to
erect or place a Subdivision Identity Sign on a property until a
preliminary plat is approved by the Planning and Zoning
Commission for development of the property.
b) Place - All Subdivision Identity Signs shall be located within the
platted limits of the subdivision to which it pertains. A subdivision
may contain five (5) or more acres of land or twenty (20) or more
platted lots to qualify for a Subdivision Identity Sign. The minimum
Ordinance No. 1861, Page 34 of 53
setback for a Subdivision Identity Sign shall be ten (10') feet from
the right -of -way.
c) Manner. Subdivision Identity Signs may be in the form of a sign
mounted to a screening wall that does not project from the fascia of
the wall more than one inch. Two Subdivision Identity Signs are
allowed per entry totaling one (1) per side of the street.
(91) SUBDIVISION MONUMENTATION - Subdivision Monumentation is
a physical improvement such as signs, walls, entry features or other
similar improvements constructed to draw attention to or enhance a
subdivision or its surrounding area.
a) Time - A sign permit and building permit is required. A building
permit and /or sign permit shall not be issued to erect or place
Subdivision Monumentation on a property until a site plan is
approved and issued by the City Council for development of non -
residentially zoned property, multifamily or townhome zoned
properties, or a preliminary plat or final plat is approved by the
Planning and Zoning Commission for development of single - family
properties. The requirement to prepare the aforementioned plans may
be waived should the owner of the property on which the
monumentation is proposed to be located or his representative
prepare written documentation and /or graphic illustrations to the
satisfaction of City to explain the relationship of the proposed
monumentation to future land uses on the property.
b) Place - Subdivision Monumentation placed on private property shall
observe all building line and setback requirements of the governing
zoning district. A non - habitable monument may encroach into a
Ordinance No. 1861, Page 35 of 53
Maximum Area
Maximum Height
Single
Commercial
Single
Commercial
Family
Industrial
Family
Industrial
Local and
Twenty (20)
Collector
Thirty (30)
square feet
Six (6')
Six (6') Feet
Streets
square feet
per gross
Feet
platted acre
Twenty (20)
Minor
Forty (40)
square feet
Six (6')
Six (6') Feet
Arterials
square feet
per gross
Feet
platted acre
Forty (40)
Major
Fifty (50)
square feet
Eight (8')
Thirty (30')
Arterials
square feet
per gross
Feet
Feet
platted acre
Highways
Fifty (50)
Fifty (50)
Eight (8')
Thirty (301)
square feet
square feet
Feet
Feet
(91) SUBDIVISION MONUMENTATION - Subdivision Monumentation is
a physical improvement such as signs, walls, entry features or other
similar improvements constructed to draw attention to or enhance a
subdivision or its surrounding area.
a) Time - A sign permit and building permit is required. A building
permit and /or sign permit shall not be issued to erect or place
Subdivision Monumentation on a property until a site plan is
approved and issued by the City Council for development of non -
residentially zoned property, multifamily or townhome zoned
properties, or a preliminary plat or final plat is approved by the
Planning and Zoning Commission for development of single - family
properties. The requirement to prepare the aforementioned plans may
be waived should the owner of the property on which the
monumentation is proposed to be located or his representative
prepare written documentation and /or graphic illustrations to the
satisfaction of City to explain the relationship of the proposed
monumentation to future land uses on the property.
b) Place - Subdivision Monumentation placed on private property shall
observe all building line and setback requirements of the governing
zoning district. A non - habitable monument may encroach into a
Ordinance No. 1861, Page 35 of 53
required setback provided all visibility clips and easements are
observed and the monument is deemed by City staff not to
negatively impact fire protection of existing or future development.
Subdivision Monumentation may be placed in the right -of -way
subject to approval of right -of -way use agreements. Subdivision
monumentation may not be erected within an area designated as
future right -of -way on the city's thoroughfare plan, as it currently
exists or may be amended.
c) Manner - The developer of the Subdivision Monumentation must
provide a plan for future maintenance of Subdivision
Monumentation to the city for review. The maximum height of
Subdivision Monumentation shall not exceed the maximum height of
the governing zoning district.
(92) TEMPORARY RELIGIOUS SIGN - A temporary Stake Sign used to
provide the name of and direction to a location occupied by a religious
organization or religious group that temporarily operates in a school or
other facility. A temporary religious sign identifies the meeting
location/address, website information, hours of service, and /or telephone
number of a religious organization or group.
a) Time - No sign permit required. A Temporary Religious Sign may be
erected during times of worship provided that the sign is placed no
earlier than two (2) hours prior to worship and removed no later than
two (2) hours after worship.
b) Place. A Temporary Religious Sign shall be placed on private
property with consent of the property owner. Temporary Religious
Signs shall be erected on private property not closer than ten (10')
feet from the edge of any street pavement or designated roadway or
right -of -way.
c) Manner - The maximum area of a Temporary Religious Sign shall
not exceed six (6) square feet. The maximum height of a temporary
religious sign shall not exceed four (4') feet. A temporary Religious
Sign shall not contain balloons, streamers, flags, pennants, or wind
devices.
(93) TEMPORARY SIGN - Any sign used to display information that relates
to a land use, or a sign with a limited duration which is not rigidly and
permanently installed into or on the ground, attached to a building, or as
identified in this Article.
(94) TRAFFIC LIGHTS AND SIGNAGE - Any traffic - related sign, light,
apparatus, or device installed that provides information to vehicular
drivers and/or pedestrian traffic. Traffic - related signs, lights, apparatuses,
Ordinance No. 1861, Page 36 of 53
or devices requires approval from the Engineering Department, which
includes the review and approval of design, size, placement, and any other
specifications or requirements prior to installation from the traffic
engineer. Exemption: Signs, lighting, apparatuses, and /or devices installed
or required by federal or state laws.
(95) UNDEVELOPED - An undeveloped- residential or nonresidential
property for which a certificate of occupancy has not been issued by the
Building Official to occupy a building on the property or for which final
acceptance has not been issued by the City.
(96) UNIFIED SIGN DEVELOPMENT PLAN — A Unified Sign
Development Plan is required to be prepared for variance requests. A
Unified Sign Development Plan is also required prior to the issuance of a
sign permit for certain signs specified in this section, or as otherwise
required herein, to determine overall sign locations on a property, the
relationship of the signs to surrounding existing and proposed
improvements, and to determine consistency and uniformity among
buildings and signs within a commercial or residential development. The
Unified Sign Development Plan shall be submitted to the Planning and
Development Department.
a) A Unified Sign Development Plan shall contain the following
information:
(1) Elevations of the signs illustrating the materials of construction,
colors, lighting, fonts of letters, and dimensions of the signs. If
the sign is to be attached to a building, the elevation shall be a
composite of the sign and the building;
(2) Elevations depicting the size of the signs in relation to the size of
the buildings within the development;
(3) A plan drawn to the site plan as it currently exists or may be
amended, of the site illustrating the location of existing and
proposed signs on the property and, if required by City staff, on
adjacent properties;
(4) Other information to illustrate the consistency and uniformity of
the signs; and
(5) For nonresidential and multifamily developments, the Unified
Development Sign Plan shall be submitted to the City for review
with a site plan of the property. For single - family and two - family
developments, the Unified Development Sign Plan shall be
submitted to the city for review with a preliminary plat, or final
plat of the property.
Ordinance No. 1861, Page 37 of 53
(6) A Unified Development Sign Plan required of certain signs
specified in this section, or as otherwise required herein, shall be
submitted to the Planning and Development Department. The
Unified Development Sign Plan will be reviewed in accordance
with the City's development review schedule and considered for
approval by the City Council. The City Council may approve or
deny the Unified Development Sign Plan. The decision the City
Council is discretionary. The City Council's decision is final.
(97) V- SHAPED SIGN - A sign that fronts two street frontages with more
than five degrees of parallel.
(98) VACANT BUILDING SIGN - No sign shall be permitted to remain on
any vacant building, except a sign pertaining to the lease or sale of the
building to which it pertains, or a sign which is under lease from an owner
or his authorized agent when such sign is maintained by a person
operating under his own bond. Vacant building signage is prohibited in the
City.
(99) VARIANCE - An official written request to the Board of Adjustments to
allow exceptions to regulations or requirements of this Article.
(100) VEHICLE - Any operable or inoperable motorized machine on wheels,
treads, or runners by which any person, materials, commodity, or property
is or may be transported.
(101) VEHICLE BAY SIGN — A specific type of Wall Sign either painted or
erected against an exterior wall or erected parallel to a wall identifying the
vehicle entrance (bay) to a structure.
a) Time — A sign permit is required. A sign permit shall not be issued to
erect, place or install a Wall Sign on a property until a site plan is
approved by the City Council for development of the property and
after issuance of a building permit for a building on the property.
b) Place — Vehicle Bay Signs shall be placed immediately adjacent to
the physical entrance to the building accessible to vehicles. Vehicle
Bay Signs may also be painted or attached to the door of the vehicle
bay.
c) Manner — One (1) Vehicle Bay Sign is allowed per vehicle bay. Any
Vehicle Bay Sign may not exceed seventy -five (75 %) percent of the
width of the vehicle bay it is identifying and may not exceed twenty -
four (24) inches in height.
(102) VEHICLE SIGN - A sign attached to any vehicle, truck, car, bus, trailer,
boat, recreational vehicle, motorcycle or any other vehicle; however, any
vehicle, whether operable or not, shall not be parked and/or decorated
Ordinance No. 1861, Page 38 of 53
where the intent is to use the vehicle as advertising. Vehicle signs shall
exclude bumper stickers and state required registration or inspection
stickers /identifications.
a) Time - No sign permit required. Vehicle signs are allowed twenty -
four (24) hours each and every continuing day.
b) Place - Vehicle signs are permitted provided that during periods of
inactivity such vehicle is not parked in the right -of -way or placed in
a manner that the vehicle sign is readily visible from an adjacent
right -of -way. "For sale" signs placed in or on vehicles when the
vehicle is parked or placed in a manner that the vehicle sign is
readily visible from an adjacent public right -of -way are prohibited,
with the exception that one vehicle may contain a "for sale" sign
parked or placed at an occupied single - family, two - family,
townhome, or multifamily dwelling unit is permitted.
c) Manner. Vehicle signs are permitted provided that:
(1) The primary purpose of the sign is not for display of the sign;
(2) The signs are painted upon or applied directly to an integral part
of the vehicle;
(3) The vehicle is operable, currently registered and licensed to
operate on public streets and actively used in the daily function of
the business to which such signs relates;
(4) The vehicle is not used as a static display, advertising a product
or service, not utilized as storage, shelter, or distribution points
for commercial products or services for the public; and the
vehicle does not meet the definition of a Mobile Advertisement
Sign.
(103) VENDING MACHINE SIGN - A sign attached to or incorporated as part
of a vending machine or gasoline pump and generally advertises products
dispensed, offered or sold from the vending machine or gasoline pump.
a) Time - No sign permit required. Vending machine signs may be
displayed 24 hours each and every day.
b) Place - Vending machine displaying vending machine signs shall not
obstruct pedestrian or , chicular traffic.
c) Manner - Vending machine signs shall be directly attached to a
vending machine or gasoline pump. Vending machine signs shall be
flat and shall not project from the vending machine or gasoline
pump. Unless, otherwise, required by federal, state or local laws,
Ordinance No. 1861, Page 39 of 53
signs that promote products or other items shall not be attached to
light poles, canopy supports, rails, trees, parking signs, vehicles, or
other objects.
(104) WALL SIGN (PRIMARY) - Any sign either painted or erected against
an exterior wall or erected parallel to a wall. A Primary Wall Sign is a sign
erected parallel to and extending not more than eighteen (18 ") inches from
the facade of any building to which it is attached, supported throughout its
entire length by the building face. A Primary Wall Sign identifies the
name of a business and /or logo of a business. Neon shall not be installed
on any wall sign installed below nine feet from grade. A Primary Wall
Sign may include neon tubing attached directly to a wall surface when
forming a border for the subject matter or when forming letters, logos, or
pictorial designs. This definition shall not include painted on murals.
Murals are not subject to the Primary Wall Sign regulations contained
herein. Primary Wall Signs are permissible subject to the following
conditions and upon issuance of a sign permit. No building shall have both
a Primary Wall Sign and an Awning Sign on the same building face.
a) Time - A sign permit is required. A sign permit shall not be issued to
erect, place or install a Primary Wall Sign on a property until a site
plan is approved by the City Council for development of the property
and after issuance of a building permit for a building on the property.
b) Place — Primary Wall signs are permitted only in conjunction with a
nonresidential use or in a nonresidential zoning district. When
projections on the wall face prevent the erection of the sign flat
against the wall face, the space between the back of the sign and the
wall shall be closed at the top, bottom and ends with incombustible
materials. For buildings with a height of five (5) stories or greater, a
wall sign may extend above the roofline of the building on which it
is attached up to twenty -five (25) percent of the sign's height. The
Primary Wall Sign must be located on that portion of the building
that is five (5) stories or greater.
c) Manner -
(1) The total number of Primary Wall Signs allowed shall be as
follows:
Building (Elevation) Width
(in Feet)
Number of Allowed Wall Signs
<= 65'
1
66' up to and including 100'
2
101' up to and including 150'
3
= >151'
4
Ordinance No. 1861, Page 40 of 53
(2) The total cumulative size of all allowed Primary Wall Signs per
elevation shall be as follows:
Building
Height
Maximum Sign
Measured at
Height
Maximum Percentage of Wall Length*
Plate
(Feet)
(Feet)
0 to 20
4
75
>20to30
6
60
> 30
8
50
*Note: Primary Wall Signs shall not occupy more than the maximum
percentage of the length of any wall on which it is erected. Corporate logos
may exceed the maximum sign height by 50 percent.
(105) WALL SIGN (SECONDARY) - Any sign either painted or erected
against an exterior wall or erected parallel to a wall. A Secondary Wall
Sign is a sign erected parallel to and extending not more than eighteen
(18 ") inches from the facade of any building to which it is attached,
supported throughout its entire length by the building face.
a) Time — A sign permit is required. A sign permit shall not be issued to
erect, place or install a Secondary Wall Sign on a property until a site
plan is approved by the City Council for development of the property
and after issuance of a building permit for a building on the property.
b) Place — Secondary Wall signs are permitted only in conjunction with
a nonresidential use or in a nonresidential zoning district. A
Secondary Wall Sign shall not count against the total number of
Primary Wall Signs allowed based on the elevation width of the
building.
c) Manner — One (1) Secondary Wall sign is allowed per elevation. The
Secondary Wall Sign area shall not exceed ten (10 %) percent of the
maximum area allowed by the Primary Wall Sign.
(106) WARNING SIGN — Sign having an area of not more than six (6) square
feet nor height greater than six (6') 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. No sign permit required.
(107) WEEKEND PARKWAY SIGN — An temporary on or off - premise sign
located within the public right -of -way. Weekend parkway signs are hereby
prohibited within the City with the exception of weekend parkway signs
for new construction homebuilders. New construction homebuilders
weekend parkway signs may be allowed until such time as the City
approves a contract for, and has installed a Kiosk Sign Program. Until a
Ordinance No. 1861, Page 41 of 53
Kiosk Sign Program has been implemented, new construction
homebuilder's weekend parkway signs shall be subject to the following
standards:
a) Time — Sign permit required. All new construction homebuilder
weekend parkway sign(s) shall be permitted through the City. New
construction homebuilder weekend parkway signs shall only be
allowed to be placed between 12:00 noon on Friday and 12:00 noon
the following Monday. New construction homebuilder weekend
parkway signs placed outside of those hours are prohibited.
b) Place - A new construction weekend parkway sign shall not be
located within the public right -of -way and shall be located only on
private property with the permission of the private property owner. A
new construction weekend parkway sign shall be erected no closer
than ten (10') feet from the street pavement.
c) Manner - A new construction weekend parkway sign shall not
exceed six (6) square feet in area. The maximum height of a new
construction weekend parkway sign shall not exceed four (4') feet.
(108) WINDOW SIGN - Any sign, poster, window slick, or other similar
displayed item, excluding Banners, located on the internal or external
surface of a window for the purpose of advertising a business' name,
telephone number, website information, services, commodities, and /or
products offered or sold that are available within the building that is
visible from a public street or sidewalk.
a) Time - No sign permit required. A window sign may be displayed
24 hours each and every continuing day.
b) Place - Window Signs shall only be displayed on the inside or
exterior of a window.
c) Manner - The maximum area of a Window Sign shall not exceed
fifteen (15) percent of the window where the sign is displayed.
Window signs are limited to one sign per window. Illuminated and
non - illuminated window signs or its appendages shall not blink,
strobe, fade, flash, scroll, or move in any manner. Illuminated
window signs shall remain static and stationary. Window Signs
placed within windows subject to section 60 -05 "Visibility" Euless
Code of Ordinances shall be limited to fifteen (15) percent of the
remaining window area not constrained by the provisions of section
60 -05.
(109) WIND DEVICE - Any Pennant, streamer, spinner, Balloon, Cloud Buster
Balloon, Inflatable Objects or similar devices made of cloth, canvas,
plastic or any flexible material designed to float or designed to move, or
Ordinance No. 1861, Page 42 of 53
moves freely in the wind, with or without a frame or other supporting
structure, used for the purpose of advertising or drawing attention to a
business, commodity, service, sale or product. Exception: Flags and Grand
Opening Balloons and /or Grand Opening Balloon Arrangements shall not
be considered a wind device. Wind devices are prohibited in the City.
(I 10) YARD SIGN - A temporary Stake Sign used to publicize the arrival of a
newborn, participation of a family member in a school activity or sport or
military activity, the presence of a security system, animals, and seasonal
decorations or the promotion of neighborhood activity regarding the
leasing of mineral rights.
a) Time - No sign permit required. Yard signs may be erected twenty -
four (24) hours each and every day.
b) Place - Yard Signs shall be located only on lots containing an
occupied single - family, two- family, or multifamily dwelling. Yard
signs shall be erected no closer than ten (10') feet from the street
pavement.
c) Manner - Signs advertising the presence of a home security system
shall not exceed one (1) square foot in area. Signs advertising the
arrival of a newborn, the participation of a family member in a
school activity or sport or military activity, or the presence of
animals shall not exceed four (4) square feet in area. Seasonal
decorations are excluded from place and manner requirements.
Secs. 84- 233 -84 -259. Reserved.
DIVISION 2. PERMITS
Sec. 84 -260. Required.
No sign, other than those signs allowed without a permit by section 84 -232 of
this Article, shall be erected, placed, attached, secured, altered or displayed
to /on the ground, any building, or any structure, until a permit for such sign has
been issued by the Building Official.
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
Ordinance No. 1861, Page 43 of 5' )
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.
An application for a sign permit may be obtained from the City. The Building
Official shall approve or deny an application for a sign permit within thirty (30)
days of the City's receipt of the application. A sign permit will be issued if a
proposed sign conforms to all City ordinances. Upon request by the City, a
diagram shall be provided showing the location of all signs on the property
and/or adjacent properties. Incorrect information on an application shall be
grounds for denial or revocation of a sign 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
their opinion, such information is necessary to insure compliance with this
Article. 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.
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 health and safety. In the event that a sign fails to
meet the qualifications of this section, the Building Official or their
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.
Ordinance No. 1861, Page 44 of 53
(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 sixty (60) days, the Building Official 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.
(1) 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.
Sec. 84 -266. Measurement of sign area and height.
(1) The area of a sign shall be measured as follows:
a) For signs in the shape of a square, rectangle, circle, or similar
standard geometric shape, the area shall be calculated by using the
standard mathematical formula ([square equals] height multiplied by
width, [circle equals] 3.14 multiplied by radius squared, etc.). This
method of measurement is most commonly -used for banners,
commercial real estate signs, model home signs, monument signs,
project development signs, and stake signs.
b) For sign with a shape that is irregular, the area shall be measured by
enclosing the sign elements to the closest geometric shape. The
method of measurement is most commonly used for awning signs
and wall signs with individual lettering and for irregularly- shaped
signs.
c) The area of a spherical, cylindrical, or other three- dimensional sign
shall be measured by calculating the area of a two - dimensional
drawing of the largest elevation of the sign.
d) Where a sign has two faces, the area of both faces shall be used to
determine the area of the sign; provided, the two faces are within
five degrees of parallel. Where a sign has two or more faces and
exceed greater than five degrees from parallel, the sign area shall be
Ordinance No. 1861, Page 45 of 53
calculated as the sum of the area of each face (a "V- shaped" sign). A
V- shaped sign is only permitted at the corner of a property with two -
street frontages.
(2) The area of Primary Wall Signs containing multiple elements shall be
calculated as follows:
a) Regardless of the spacing between letters, letters forming a word or
name shall be considered a single sign.
b) When two or more separate items in a sign, such as a word or logo,
are separated horizontally or vertically by less than the width or
height of the largest item, the items shall be considered a single sign
and the area shall be determined by measuring the area enclosing the
sign elements with straight, intersecting lines. The following sign
elements are considered one sign.
CITY OF EULESS
c) When two or more separate items in a sign, such as a word or logo,
are separated horizontally or vertically by more than the width or
height of the largest item, the items shall be considered a separate
sign and the area of each item shall be determined individually. The
following sign elements are considered two signs.
CITY OF EULESS
(3) The supports of a stake sign, A -frame sign, project development sign, or
commercial real estate sign shall not be included in calculating the area of
a sign, but shall be included in the measurement of the height of a sign.
(4) The height of all signs shall be measured from the top edge of the sign
and /or support structure to the average finished grade below the sign
and /or support structure, unless otherwise noted in this article. If a sign is
located on a mount, berm, or other raised area for the sole purpose of
increasing the height of the sign, the height of the mound, berm, or other
Ordinance No. 1861, Page 46 of 53
raised area shall be included in the height of the sign. Measurement for a
sign height will be determined from the of the curb grade at the property
line.
Sec. 84 -267. Sign specifications, design and other requirements.
(1) Compliance with Unified Development, Code, International Building
Code, National Electrical Code, and other ordinances. All sign structures
shall comply with the city's Unified Development Code, as it currently
exists or may be amended, the International Building Code, the National
Electrical Code, and other city ordinances, as they currently exist or may
be amended. If the standards as described herein are more restrictive than
another ordinance or code, then the provisions of this article shall apply.
(2) Visibility. All signs shall observe all visibility requirements. Signs shall
not be placed within visibility triangles, or corner clips as defined in the
city's thoroughfare and circulation design requirements, as it currently
exists or may be amended. Signs shall not create a hazard.
(3) Signs posted in specified areas. Unless otherwise permitted within this
Article , no person shall post or cause to be posted, attach or maintain any
sign upon:
a) Any City -owned property or right -of -way without written permission
of the City Manager or their designated representative;
b) Any utility easement. Should a property owner be able to
demonstrate to the City Engineer and/or franchise utility company
that there is no other viable location for a sign other than a utility
easement, a sign may be located within the utility easement subject
to written approval from the City Engineer and /or franchise utility
company and subject to the providing of a letter to the City releasing
the City of any liability for repair or replacement of a sign damaged
by work occurring within the utility easement;
c) Any tree, utility pole or structure, street sign, rail, or any fence;
d) Any fence, railing or wall, except in accordance with Section 84 -232
(102) of this Article (Wall Sign (Primary)); or
e) Any sidewalk within the right -of -way or sidewalk easement, curb,
gutter, or street, except for house numbers or fire lane designation.
(4) Signs attached to fire escapes. No sign shall be attached in any manner to
any fire escape or to the supporting members of any fire escape, nor shall
it be guyed to or supported by any part of a fire escape.
Ordinance No. 1861, Page 47 of 5' )
(5) Accumulation of rainwater. All signs shall be constructed to prevent the
accumulation of rainwater in the sign.
(6) Location near telephone cable, power line, or street light. No sign shall
be erected nearer than two (2') feet from any telephone cable, power line
or any street light standard.
(7) Signs not to block or interfere with exits or windows, or pedestrian and
vehicular traffic. No sign shall be erected to block, partially block, or
interfere in any way with a required means of exit from any building nor
with any window. No sign shall block, interfere, or otherwise hinder
pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare,
a fire lane easement, or a driveway required to access parking.
(8) Glass signs over public property or pedestrian area. Signs constructed of
glass or other materials which may shatter upon impact are prohibited over
a public right -of -way or pedestrian area.
(9) Identification marking required. All signs that require the issuance of a
permit after adoption of this article shall have attached, written, or painted
in a weatherproof manner and in a conspicuous place thereon, in letters
not less than one (I") inch in height, the date of erection and the sign
permit number on the sign.
(10) Assumed wind load for design purposes. For the purposes of design of
structural members in signs, an assumed wind load of twenty (20) pounds
per square foot shall be used.
(11) Multiple signs on a property or building. The permitting of a sign on a
property or building shall not preclude the permitting of other types of
signs on a property or building, unless the signs are expressly prohibited
herein.
See. 84 -268. Removal impoundment of prohibited signs.
(1) All prohibited signs or noncompliant signs shall be considered a public
nuisance and are prohibited by this Article in the City. Upon identification
of any prohibited sign, the Building Official or their designee shall provide
written notification of the violation to the owner of the property on which
the prohibited sign is located and /or the installer of the sign. The
notification shall state that the offending sign shall be removed by the
owner, agent or person having beneficial use of the land, building or
structure upon which such sign is located within the time period
prescribed after written notification to do so by the Building Official. The
notification shall further state that if the prohibited sign is not removed
within a specific timeframe (not to exceed ten (10) days) a citation may be
issued and the City may resort to any civil remedy available up to and
including impoundment. If any sign is determined to present an immediate
Ordinance No. 1861, Page 48 of 53
danger to public health, safety, or welfare, the city shall remove it
immediately. Within ten (10) days of the removal of the sign, the Building
Official shall notify the owner of the property on which the sign was
located of the reasons for the removal of the sign. Signs authorized by a
sign permit number with an expiration date shall be removed promptly
upon the date of expiration. Signs remaining after the date of expiration
shall be deemed prohibited. The sign permit that provides the expiration
date shall be considered adequate notice of violation.
(2) It shall be unlawful for any person, firm, entity or corporation receiving
such written notification or having an expired sign permit to fail to comply
with the direction of the notification. In the event failure to comply with
such notice provided, the Building Official is hereby authorized to cause
the removal and impoundment of such sign. Any expenses incident thereto
shall be the responsibility of the owner, agent or person having beneficial
use of the land, building or structure upon which such sign was located.
(3) If a sign is placed within a public right -of -way or on a City -owned
property in violation of this Article, the sign may be immediately removed
and impounded.
Sec. 84 -269. Impounded signs and recovery.
(1) Impounded signs may be recovered by the owner within fifteen (15) days
from the date of the written notification of impoundment by paying a fee
as follows:
a) A fee of $200.00 for signs which are six (6) square feet or less in
area.
b) A fee of $400.00 for signs which are larger than six (6) square feet in
area.
(2) Impounded signs not recovered within fifteen (15) days of impoundment
may be disposed of by the city in any manner it shall elect.
(3) Illegal signs removed from public property, including the City's right -of-
way, park property or other City maintained area may be immediately
disposed of by the city in any manner it shall elect.
Sec. 84 -270. Neglected and abandoned signs.
(1) Abandoned signs and neglected signs shall be considered a public
nuisance and are prohibited by this Article. Upon written notification by
the Building Official or their designee, such abandoned signs shall be
removed from the premises and neglected signs shall be repaired or
removed from the premises by the owner, agent or person having
beneficial use of the land, building or structure upon which such sign is
Ordinance No. 1861, Page 49 of 53
located. The notification shall state that the offending sign shall be
repaired or removed by the owner, agent or person having beneficial use
of the land, building or structure upon which such sign is located within
ten (10) days after written notification to do so by the building official or
his representative. The notification shall further state that if the sign is not
removed or repaired, a citation may be issued and the City may resort to
any civil remedy available to remove -or repair the sign, up to and
including impoundment. If any sign is determined to present an immediate
danger to public health, safety or welfare, the City shall remove it
immediately. Within ten (10) days of the removal of the sign, the Building
Official shall notify the owner of the property on which the sign was
located of the reasons for the removal of such sign.
(2) It shall be unlawful for any person, firm, entity or corporation receiving
such written notification to fail to comply with the direction of the notice.
In the event failure to comply with such notice provided under this Section
84 -270 of this Article, the Building Official is hereby authorized to cause
the removal and impoundment of such sign. Any expenses incident thereto
shall be the responsibility of the owner, agent, or person having beneficial
use of the land, building or structure upon which such sign was located.
Sees. 84-271-84-279. 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-
premises signs contained in Section 84 -232 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:
(1) Be changed to another nonconforming sign except as provided for by or
84 -280 of this chapter.
Ordinance No. 1861, Page 50 of 53
(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.
(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 one hundred eighty (180) days or
longer.
(5) Be reestablished after damage or destruction of said sign if the estimated
expense of reconstruction exceeds fifty (50) percent of the reproduction
cost.
(6) All lawfully existing nonconforming wall signs directly painted on the
elevation wall shall be required to be in compliance with the standards of
Section 84 -232 of this Article if the organization, business, company,
lessee or other entity is required to apply for a renewal or new Certificate
of Occupancy.
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.
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances of the City of
Euless, 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
All rights and remedies of the City of Euless are expressly saved as to any and all
violations of the provisions of any ordinances affecting the regulation and control of the
use, occupancy, maintenance, repair, design, construction and quality of materials for
Ordinance No. 1861, Page 51 of 53
buildings and structures within the City 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 4
SAVING CLAUSE. That 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.
SECTION 5
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any
of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in accordance with Chapter 1, "General
Provisions," Section 1 -12, "General Penalty," Euless Code of Ordinances. Each such
violation shall be deemed a separate offense and shall be punishable as such hereunder.
SECTION 6
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 7
EFFECTIVE DATE. This ordinance shall be in full force and effect from the
date of adoption by the City Council of the City of Euless. All businesses possessing a
valid Certificate of Occupancy as of the effective date of this ordinance shall have until
January 1, 2010 to comply fully with all provisions of the ordinance.
PRESENTED AND APPROVED ON FIRST READING AND FINAL
READING at a rcgular mccting of the Euless City CounGll Oil the 25th day of August,
2009, by a vote of 7 ayes, 0 nays and 0 abstentions.
Ordinance No. 1861, Page 52 of 53
APPROVED:
Mary Lib galeh
Mayor
ATTEST:
J _
Susan Crim, RMC
City Secretary
APPROVED AS TO FORM:
Bob McFarland
City Attorney
Ordinance No. 1861, Page 53 of 53