CHAPTER 106

ORDINANCE NO. 2008-342

Sign Regulation Ordinance

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARTINDALE, TEXAS PROVIDING RULES AND REGULATIONS FOR THE ERECTION, MAINTENANCE, AND REMOVAL OF SIGNS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION (ETJ) AND PROVIDING A PENALTY FOR THE VIOLATION OF ITS PROVISIONS.

          WHEREAS, the City Council of the City of Martindale, Texas is of the opinion that the existing Sign Regulation Ordinance designated “12-2004” passed and approved on February 1, 2005 is confusing and does not provide for clear and adequate regulation of the erection and maintenance of signs within the City; and

          WHEREAS, the City Council has further determined that such Ordinance should be repealed in its entirety and new regulations adopted concerning the erection and maintenance of signs within the City;

          NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARTINDALE, TEXAS:

          THAT this Ordinance shall be indexed in Chapter 106 of the City Ordinances.

          Ordinance No. 12-2004 entitled “Ordinance 106, Sign Regulations” passed and approved by the City Council on February 1, 2005 is hereby repealed in its entirety.  The provisions stated hereafter shall take the place of the provisions of such Ordinance.

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Section 1: Purpose and Objectives

Section 2: Definitions

Section 3: Applicability

Section 4: Jurisdiction

Section 5: Administration

Section 6: Prohibited Signs and Locations

Section 7: Signs Exempt from this Ordinance

Section 8: Sign Measurement, Standards, and Construction

Section 9: Permits and Variances

Section 10: Nonconforming Signs

Section 11: Required Signs

Sec. 1.         Purpose and objectives. 

The purpose of this Ordinance is to provide clear regulations for the permitting, restricting, design, location, construction, erection, modification, use, maintenance, and removal of signs in the City and its extraterritorial jurisdiction (ETJ). The objectives are to encourage the effective use of signs as a means of communication in the City,  to maintain and enhance the community's overall aesthetic environment, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations.

Sec. 2.         Definitions. 

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

Banner means any sign made of fabric, plastic or other non-rigid material designed to hang from rope or wire to advertise a business, service, or special event and not mounted in a permanent rigid frame. 

Billboard means an off-premise sign on any flat surface erected on a framework or on any structure, or attached to posts and used for, or designed to be used for, the display of advertising material. 

Building.  An enclosed structure intended for occupancy as a residence, business, institution, or governmental facility as the principal use. Building shall not be construed to mean an outbuilding or accessory storage building. 

Free standing sign means a sign permanently attached to or constructed in or on the ground. 

Nonconforming sign means any sign within the City limits or its extraterritorial jurisdiction that does not comply with the provisions of this Ordinance on the effective date of this Ordinance or any governing amendment thereto. It is the intent of this Ordinance that legal nonconforming signs will not be made illegal by the adoption of this Ordinance. 

Off-premises sign means a freestanding or attached sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.

On-premises sign means a freestanding or attached sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.  

Owner.  A person recorded as the property owner on official records. The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded. 

Portable sign means a transportable sign of durable construction on wheels, skids, legs, stake(s), or framing, including trailers, used for advertising or promotional purposes, which is not primarily designed or intended to be permanently affixed to the ground, a building, or structure, but which can be so anchored.  ( see temporary sign)

Roof sign is any sign mounted or placed on the roof of a building that is designed, intended, or used to advertise or inform.

Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform. 

Stake sign means a sign that is by its very nature, temporary and affixed to a wooden or metal stake that is placed in the ground.

Temporary sign is a portable sign erected  of durable construction on wheels, skids, legs, stake(s), or framing, including trailers, used for advertising or promotional purposes, and which is not primarily designed or intended to be permanently affixed to the ground, a building or a structure. ( see portable sign)

Sec. 3.         Applicability.

a.       It shall be unlawful for any person to erect or place a sign within the City limits of the City or its extraterritorial jurisdiction except in accordance with the provisions of this Ordinance.

b.            A sign may be erected, placed, established, painted, created or maintained in the City and its ETJ only in conformance with the standards, procedures, exemptions and other requirements of this Ordinance.  These regulations apply to both commercial and non-commercial messages.

c.       The effect of this Ordinance is to prohibit the creation, erection or placement of signs not expressly permitted or exempted by this Ordinance, except as approved through the permit and variance process established by this Ordinance.

Sec. 4.         Jurisdiction. 

This Ordinance governs all signs within the City limits and within the extraterritorial jurisdiction (ETJ) of the City.

Sec. 5.         Administration. 

The Building Inspector or City Council is responsible for the administration of this Ordinance to include issuing required sign permits, processing specific use permits, variances, and appeals. 

Sec. 6.           Prohibited Signs and Locations.

          a. Prohibited signs:   

              (1) Off-premises signs except as exempted in section 7.

               (2) Temporary and Portable signs except as exempted in section 7.

               (3)   Stake signs, except those exempted by sections 7 i, j, k, m, r, t,

     (4)   Roof signs

     (5)   Bandit signs. Any sign other than signs owned by the City, the   state, or a county, or authorized by the City, posted on a utility pole, street sign, street furniture, tree, or sign posted in the public right-of-way, of any size, including signs with wood or wire framing, post or stakes. Such signs are hereby declared to be abandoned trash at the time of posting and may be removed and discarded without notice.

     (6)  Signs on fences, except for temporary banners for outdoor athletic events, outdoor entertainment events or for public gatherings except as provided by section 7q.   

     (7)    Flags exceeding 48 square feet in size.

  (8)    Flashing, fluttering, undulating, swinging, rotating, or otherwise            moving sign or sign surfaces, except for electronic scrolling or changing signs displaying at least 50 percent noncommercial messages such as time, temperature, and community events of general public interest;

   (9)  Strings of lights not affixed to a rigid structural support or  suspended from some structural support which eliminates load stresses from any electrical element, except as provided by section 7p.      

     (10)  Any sign lighting, other than neon tube lighting, that causes any direct or undiffused illumination to be visible from any roadway or any residential district;

     (11)  Any sign or portion thereof located within a ten-foot radius of any overhead power line, pole, or crossbar, or creating a hazard to vehicular or pedestrian safety.

               (12)  Inflatable signs or tethered balloons

               (13)  Signs emitting odor, visible matter, or audible sound.

               (14)  Pennants or streamers

               (15)  Beacons

       b.   Prohibited locations.  Unless required by law or otherwise allowed or        permitted by these regulations, no sign or appurtenance thereof shall be placed in the following locations or areas: 

   (1)  On, over, within, or across a public street or right-of-way, except for:

           (a) Development identification signs, marquee signs, and wall      signs, where allowed;

           (b) Signs authorized or required by the local, state, or federal          government; and

           (c)  Banners as provided in Section 7p.

      (2)  On, over, within, or across any land held in trust for the use of     the public by any governmental or quasi-governmental agency.

      (3)   Any utility pole, street light, street sign or traffic control device or tree.

      (4)   Adjacent to TX 80, TX 142, and FM 1979 except for exemptions                               listed in  section 7, or commercial, on-premise signs in accordance with section 8.

Sec. 7.         Signs Exempt from this Ordinance.

a.       Non-commercial, off-premises, free-standing signs, not exceeding a cumulative total of 10 square feet, for governmental, religious, educational, or other institutional agencies approved by the city council.

b.       Any public notice or warning required by any federal, state, or local law, regulation, or ordinance.

c.       Signs erected by or for a governmental body to direct or regulate pedestrian or vehicular traffic, identify public property, or convey public information.

d.       Traffic control signs, not exceeding 12 square feet per driveway entrance, on           private property, containing no commercial message other than the name or logo of a business or facility on the property.

e.       Informational signs of utility and pipeline companies primarily providing for location, caution, and warning concerning lines, facilities, and appurtenances.

f.        Memorial signs or tablets and building markers displayed on public or private buildings and lands.

          g.       Bus stop signs that contain no commercial message.

h.       Street and mailbox addresses related to the referenced structure or appurtenances and which contain no commercial message.

i.        Temporary construction site signs not exceeding six square feet per street frontage of each lot, or 32 square feet per entrance to a new subdivision containing more than ten lots, for single-family or duplex construction, and 32 square feet for all other uses, per lot.  All such signs shall be removed within seven days following completion of the construction.

j.        Political signs, advocating political parties, issues, or candidates may be erected, maintained, and displayed only on private property with the consent of the property owner. Such signs shall not be erected or displayed earlier than 75 days prior to the election or referendum to which it pertains.  All signs, except those for candidates campaigning in a subsequent run-off or general election, shall be removed within seven days after the election or referendum.

k.       Real estate signs not exceeding six square feet for single-family, manufactured home, or duplex dwellings, or 32 square feet for all other uses, per lot or structure or portion of structure for sale or lease.     Such signs shall be removed within 15 days after the sale or lease is completed.

l.        One or more temporary attached and/or low profile freestanding signs,         including banner signs, not exceeding a total of 32 square feet aggregate sign area on the premises of a homebuilder's sales office within a new residential subdivision. Such signs shall be removed upon disconnection of electric service for the building, or upon discontinued occupancy of the building as a sales office for 30 consecutive calendar days, whichever occurs first.

m.      "Garage sale" signs that do not exceed a total area of four square feet on the site of such sale, with no more than four signs directing the public to the sale site, and displayed only during actual sale hours.  No signs will remain on display to the public for more than 72 continuous hours.

n.       "No trespassing" or "posted" signs on private property not exceeding one square foot in area and including the telephone number of the responsible individual. There shall be no more than one such sign per 100 linear feet of property line.

          o.       Works of art which do not include any commercial message.

p.       Temporary lights and decorations containing no commercial message and customarily associated with any national, state, local, or religious holiday.

q.       Banners suspended over streets or temporary signs on public rights-of-way or public or private property, advertising noncommercial special events and festivities of general public interest, and sponsored by governmental, educational, religious, civic, or nonprofit groups, for a period not to exceed 30 days,  and subject to approval by the City Council.

r.       Estate sale signs, which advertise liquidation of an estate by a business entity normally in the business of liquidating estates, under the following     limitations:

                   (1)      No more than four signs directing the public to the sale site.

                   (2)      No sign exceeding six square feet.

                   (3)      No sign to remain on display to the public for more than 72                                              continuous hours.

                   (4)      No sign to be placed on any public right-of-way.

s.       One permanent non-illuminated sign not exceeding two square feet per residential dwelling unit or business occupancy.

t.       One temporary sign not connected to any source of electrical power, not        exceeding six square feet per residential dwelling unit or business occupancy, and displayed for no more than 120 days in any calendar year, that contains only a noncommercial message celebrating a birthday, personal achievement, school spirit, etc.

u.       Signs on vending machines, gasoline pumps, and amusement equipment pertaining to the function of such facilities.

v.       Non-illuminated signs not exceeding a cumulative total of 32 square feet in area on trailers or portable buildings containing an accessory use temporarily           located on the premises of a nonresidential use, provided that the signs pertain to the use of the trailer or portable building.

w.      Temporary window displays consisting of merchandise or posters in nonresidential districts.

x.       Official flags of the City, county, state, or federal government, or school district, or nonprofit agency, not exceeding 48 square feet per side.

y.       Signs that are not visible from a public street or that are on an indoor wall visible through a window from a public street and which are at least 12 inches from the window.

Sec. 8.         Sign Measurement, Standards, and Construction. 

a.  Sign Measurement

(1)      The face of a sign is any portion or facet capable of displaying a message whether by letters, numbers, or symbols.

(2)      The area of a sign face shall be the largest area visible from any one point, and enclosed by a single continuous perimeter including any framing, trim, or decorative embellishments, but not including any structural parts lying outside the limits of such sign that do not form an integral part of the display and which have a cross-sectional width no greater than 18 inches.

(3)      The height of a free-standing sign, as described in section 8b(3), shall be the distance from the ground at the base of or below the sign to the highest part of the sign face, as defined above, or to the top of the supporting structure, whichever is greater. Freestanding signs located on earth beams shall be measured from the ground level at the base of the earth beam. The top of an attached sign, as described in section 8b(1), shall be considered the highest part of the sign face, as defined above. The clearance of a sign is measured as the unobstructed distance from the ground at the base of or below the sign to the lowest part of the sign face, or to the bottom of the supporting structure, whichever is less.

(4)      The building facade area upon which the maximum allowable area of attached signs is based in section 8b (1) is the actual square feet of the   building wall or other vertical architectural element to which the sign is attached, and that consists of a separate elevation from ground level to the top of the structure as viewed horizontally from the ground, street, or other nearby location. The area of a facade includes windows and doors, etc., but does not include roof surfaces.           Separate walls of a building oriented in the same direction or within 45 degrees of each other shall be considered part of the same facade.

b. Sign Standards. 

(1)      Attached signs.  The following signs are attached to, applied on, or supported by, any part of a building. The maximum amount of attached sign area per building or building occupancy (portion of building facade allocated to a lease space in a multi-tenant building) will not exceed 100 square feet. 

(2)      Wall sign.  Wall signs shall not extend above the highest point of the building roof, canopy, or other structure on which the sign is displayed.  The highest point of the roof, canopy, or structure shall not include spires, belfries, cupolas, antennae, water tanks, ventilators, chimneys, mechanical systems, or other similar appurtenances. A sign projecting from a building face shall be considered a wall sign for the purposes of this Ordinance.

(3)      Freestanding signs.  The following signs are affixed to the ground, or mounted or applied on a fence, retaining wall, or screening wall that is not part of a building. The maximum number of free-standing sign    structures allowed on each property is one per street frontage.   Sign shall not exceed a height of 20 feet above the ground at the base of or below the sign, and will not exceed 100 square feet in size.   No setback from the property line is required except for corner sight triangle areas or easements, where the sign structure is not allowed.  

(4)      Institutional signs.  Noncommercial attached or low profile freestanding signs not exceeding a cumulative total of 60 square feet in area per street frontage may be displayed on the premises of governmental, educational, religious, or other permitted institutional uses where signs of such size would not otherwise be allowed in the residential zoning districts. 

(5)      Community entrance signs.  One or more signs may be erected at entrances to the City on U.S. Highway 80 and State Highway 142, upon approval by the City Council, identifying public facilities and services, or nonprofit organizations such as churches and civic clubs, that are available or located within the City limits. The City Council may limit the size of individual signs, and may require them to be consolidated on a single structure per highway entrance location. Locations under the jurisdiction of the state department of transportation shall comply with any applicable state permit requirements. 

(6)      Development entrance signs.  A maximum of two attached or low-profile freestanding signs not exceeding a total of 60 square feet aggregate sign area, and limited to the name, address, and leasing or sales information, may be displayed along the perimeter street frontage at each street entrance to a residential subdivision or permitted manufactured home park where signs of such size would not otherwise be allowed in the residential zoning districts, as applicable. Such signs located in the public street right-of-way shall require license agreement approved by the City. 

(7)      Residential identification signs.  One attached or low-profile freestanding sign not exceeding 16 square feet in a residential zoning district, per driveway/street entrance or per street frontage, whichever is greater, and limited to the name, address, and leasing or sales information for the development, may be displayed on the premises of a residential multifamily, condominium, or townhouse development.

(8)      Banner signs.  A banner sign is a temporary on-premise sign made of non-rigid material with no enclosing framework that is designed to be suspended or supported by rope, wire, or other fastening device attached to any permanent structure not designed specifically for banners. No more than one banner sign not exceeding 32 square feet is allowed per street frontage of each business or agency occupant.  Banners are allowed on private property as further provided below: 

(a)      For advertising special promotions, grand openings, or other events of a specific duration not to exceed 30 days, in the commercial zoning districts. Banner signs in the extraterritorial jurisdiction shall be regulated as if located in the commercial zoning district.

(b)      For advertising grand openings and business anniversaries, only in the commercial zoning districts for a period not exceeding 30 calendar days and subject to issuance of a sign permit.

c. Construction standards.

(1)      All signs shall be constructed such that they will not disintegrate nor collapse when subject to a wind velocity of 60 mph.

(2)      Signs placed along state and federal highways shall meet all requirements of the state department of transportation, in addition to the provisions of this Ordinance.

(3)      All construction and wiring shall be in compliance with the currently adopted building and electrical codes of the City in effect at the time of sign permit application.

Sec. 9.         Permits and Variances.

a.       Any sign to be constructed upon property abutting any state or federal highway shall require either the appropriate approval from the state department of transportation or a statement from the permittee that no such action is necessary. Except as exempted herein, any sign constructed, erected, placed, repaired, or modified within any area subject to these regulations shall require a sign permit in accordance with the provisions for building permits in the Building Code Ordinance.

b.    A sign permit fee, as established by City Council, shall be paid at the time the permit is issued.  Permit fees shall be based on the following schedule: 

c.       When a specific use permit is required for the construction, erection, placement, repair, or modification of a sign, such permit shall require application and processing in accordance with the Building Code Ordinance.  The building inspector, sitting as the sign review board, and in accordance with said Ordinance, shall take action upon the request.

d.       Any person desiring relief from the specific terms of this Ordinance or from any action or order in the administration or enforcement herein may make application for a variance under the provisions of the Zoning Ordinance, and the processing of the application shall comply with that Ordinance. The City Council, sitting as the sign board of appeal, and in accordance with said Ordinance, shall take action upon the application for variance.

Sec. 10.       Nonconforming signs.

a.                  A nonconforming sign shall be a sign that, at the time of its erection, is in compliance with law and with the regulations of the City, if any, that existed at the time of its erection, but which does not conform to the regulations set forth in this Ordinance. 

b.                  Any nonconforming sign or sign location lawfully existing prior to the adoption of this ordinance may continue in use, subject to the provisions of this section.   Any such nonconforming sign shall be removed within 30 days, if the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign.  For purposes of this Section, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty per cent (60%) of the cost of erecting a new sign of the same type at the same location. 

c.                  Any nonconforming sign abandoned, as evidenced by cessation in commerce of the firm or product advertised or by deterioration of the message thereon, to greater than 60 percent loss of legibility, as determined by the building official, shall be removed, repaired, or made to conform to current sign regulations, at the sole expense of the real property and/or sign owner, within 30 days of notification of such condition. An additional period may be allowed by the building official for such action, upon good cause shown.

d.                  Voluntary removal of a nonconforming sign shall terminate nonconforming rights for the sign, and it shall not be replaced unless the replacement conforms to all provisions of this ordinance.

e.                  It is the intent of the City Council that this provision shall comply with the provisions of §216.013 of the Local Government Code, as it may be amended from time to time, and it is not the intention of the City council for the regulations of this Ordinance to require the City to pay compensation for a relocated sign within the meaning of Chapter 216 of the Local Government Code.

Sec. 11.       Required Signs.  

Each developed premises or occupancy within the City that has an assigned street address shall have the street address numerals displayed in a location and manner which is readable from the street upon which it is addressed. Authorized locations for the display of street address numerals include other signs allowed by this Ordinance, mailboxes, fences or walls, and building walls. New construction shall comply with this provision prior to the receipt of a certificate of occupancy.

Sec. 12.       Penalties and Enforcement.

a.       A person found guilty of violating the provisions of this Ordinance shall be guilty of a misdemeanor and shall be fined an amount not to exceed $500.00. Each day of violation shall constitute a separate offense. 

b.       Any City employee or agent, acting on authority granted by the City Council is empowered to immediately remove any illegally placed or prohibited sign without notice, and at the sole expense of the owner and/or real property owner.

c.       The City shall have the right to seek all appropriate legal recourse by way of injunctive or other appropriate relief in addition to any other penalties and enforcement provided in this section.

d.       Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be held to be unconstitutional or of no force and effect, such holding shall not affect the validity of the remaining portion of this resolution, but in all respects said remaining portion shall be and remain in full force and effect.

Sec. 13.       Civil Enforcement

If a sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if a sign is used in violation of this Ordinance, the City Council may, in addition to other remedies, institute an appropriate civil action to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion,  maintenance or use, to restrain, correct, or abate the violation or to prevent the use of the sign  or prevent any illegal act, conduct, business or use on or about the premises.  The City shall be entitled to recover its reasonable attorney’s fees and expenses for prosecuting any such action to a successful conclusion.

PASSED AND APPROVED on this _____ day of __________________________, 2008.

CITY OF MARTINDALE, TEXAS

                                                                   By: ____________________________

                                                                         Mayor

ATTEST:

_______________________________

City Secretary

APPROVED AS TO FORM:

______________________________

W. W. McNeal, City Attorney