ORD 1981-40 - SignsORDINANCE NO. 81 -40
AN ORDINANCE ADOPTING A NEW CHAPTER 14 OF THE CODE OF ORDINANCES
OF THE CITY OF HUNTSVILLE, TEXAS, TO REGULATE SIGNS AND BILLBOARDS
AND PROVIDE FOR THE PERMITTING THEREOF; MAKING OTHER PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that the unregulated construction of signs,
billboards, and other outdoor advertising structures can present structural
hazards that threaten the health and safety of its citizens; and
WHEREAS, the City Council finds that the unregulated siting and placement
of signs, billboards, and other outdoor advertising structures can present
impediments and dangers to traffic along City thoroughfares and easements;
and,
WHEREAS, the City Council finds that the control of siting and placement
of signs, billboards and other outdoor advertising structures will promote
and enhance the efficient and safe use of public thoroughfares; and,
WHEREAS, the City Council finds that the continued construction of off -
premise signs leads to the diminution of property values for adjacent properties
and thereby adversely impacts on the taxable value of such affected properties;
and,
WHEREAS, the City Council finds that the continued unrestricted construc-
tion of off - premise signs causes increased risk of distraction and danger to
citizens driving and walking on its streets and thoroughfares; and
WHEREAS, the City Council finds that portable or mobile signs present
special traffic hazards when towed on public streets or displayed on public
rights -of -way and present dangers to the health and safety of the citizens
of the City of Huntsville because of their propensity to be blown about if
not properly anchored; and,
WHEREAS, Texas Revised Civil Statute Art. 1175(24) specifically enumer-
ates as one of the powers possessed by the City of Huntsville the authority
to license, regulate, control, or prohibit the erection of signs or billboards;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1: That Chapter Six of the Code of Ordinances of the City of
Huntsville, Texas, is hereby amended by the addition of a new Chapter 14,
Signs, that shall read as follows:
SIGNS
Section 1 - Definitions
(a) 'Advertising' shall mean to seek the attraction of or to
direct the attention of the public to any goods, services, or
merchandise whatsoever.
(b) 'Business purposes' shall mean the erection or use of any
property, building, or structure, permanent or temporary, for
the primary purpose of conducting in said building or structure
or on said property a legitimate commercial enterprise.
(c) 'Curb line' shall mean an imaginary line drawn along the
edge of the pavement on either side of a public street.
(d) 'Person' shall mean an individual, company, corporation,
partnership, association, or any other entity.
(e) 'Public right -of -way' shall mean any part of a right -of-
way not privately owned or controlled, and which is the responsi-
bility of the City or other similar public agency to maintain.
(f) 'Public street' shall mean the entire width between property
lines of any road, street, way, alley, bridge, or other similar
thoroughfare, not privately owned or controlled, when any part
thereof is open to the public for vehicular traffic, is the
responsibility of the City or other similar public agency to
maintain, and over which the City has legislative jurisdiction
under its police power.
(g) 'Right -of -way' shall mean the property fronting on, immed-
iately adjacent to, and on either side of a public street or a
non - public street.
(h) 'Sign' shall mean any outdoor display, design, pictorial,
or other representation, which shall be so constructed, placed,
attached, painted, erected, fastened, or manufactured in any
manner whatsoever so that the same shall be used for advertising.
The term 'sign' shall include the sign structure. Every sign
shall be classified and conform to the requirements of each of
such classification set forth in this Chapter.
(i) 'Sign structure' shall mean any structure that supports
or is capable of supporting any sign. A sign structure may be
a single pole and may or may not be an integral part of a building.
Section 2. Classifications
(a) On- Premise and Off - Premise Signs
For the purpose of this Chapter and the regulations and provisions
thereof, a sign shall be first classified as either an 'on- premise
sign' or an 'off - premise sign':
(1) 'On- premise sign' shall mean any sign identifying or
advertising the business, person, activity, goods, products or
services primarily sold or offered for sale on the premises where
the sign is installed and maintained when such premise is used
for business purposes.
(2) 'Off - premise sign' shall mean any sign advertising a
business, person, activity, goods, products or services not
usually located on the premises where the sign is installed
and maintained, or which directs persons to any location not
on the premises.
(b) Types of Signs
All signs shall further be classified into one of the following type
signs:
(1) 'Ground sign' shall mean a sign which is supported by
uprights or braces in or upon the ground, including portable signs
as defined herein.
(2) 'Marquee sign' shall mean a projecting sign attached to
or hung from a canopy or covered structure projecting from and sup-
ported by a frame or pipe support extending beyond a building.
(3) 'Projecting sign' shall mean any sign which is affixed
to any building wall or structure and extends beyond the building
wall or structure more than 12 inches.
(4) 'Roof sign' shall mean any sign erected, constructed,
or maintained above the roof of any building.
(5) 'Wall sign' shall mean any sign affixed to or painted
upon the wall of any building.
(c) Special Function Signs
Any on- premise or off - premise sign of any type may also be included
within one or more of the following additional classifications ac-
cording to special functions:
(1) 'Electrical sign' shall mean any sign containing elec-
trical wiring or utilizing electric current, but not including
signs illuminated by an exterior light source.
(2) 'Portable sign' shall mean any sign designed or con-
structed to be easily moved from one location to another, includ-
ing signs mounted upon or designed to be mounted upon a trailer,
bench, wheeled carrier, or other non - motorized mobile structure;
a portable sign which has its wheels removed shall still be con-
sidered a portable sign hereunder. For the purpose of this
ordinance, trailer signs and signs on benches are 'portable signs.'
(3) 'Spectacular sign' shall mean any sign which has auto-
matically changing advertising, or which is equipped with glaring
or rotating strobe or spot lights, or which has any moving message
whatsoever. A changing or moving message that does not change
or move more than once every four (4) hours shall not be considered
automatically changing advertising.
(4) 'Temporary sign' shall mean any sign constructed of
cloth, canvas, light fabric, cardboard, wallboard, or other light
materials, not to exceed six (6) square feet in size. A portable
sign shall not be considered a temporary sign.
Section 3. Administration and Enforcement
(a) Powers of Building Official
The Building Official shall have the power and authority to
administer and enforce the conditions of this Chapter and all
other laws relating to signs. Included among such powers are
the following specific powers:
(1) Every sign for which a permit is required shall be sub-
ject to the inspection and approval of the Building Official.
(2) The Building Official shall have, and is hereby granted,
the power and authority to revoke any and all permits authorized
by this Chapter for violation of the terms and provisions of this
Chapter; provided that, the Building Official shall conduct a hear-
ing prior to the revocation of any permit authorized under this
Chapter to determine the facts incident to the pending revocation.
The person whose permit is under consideration shall be given at
least ten (10) calendar days written notice of the hearing and shall
be permitted to present relevant facts and legal argument regarding
the pending revocation. Following such hearing, the Building
Official shall consider the merits of the case and shall present
a written opinion prior to any action.
(b) Violations and Penalties
(1) Any person who shall violate any provision of this Chapter
shall, upon conviction thereof, be punished by a fine of not more than
$200 for each violation. Each day in which any violation shall occur
shall constitute a separate offense.
(2) In addition, the City Attorney is hereby authorized to take
all actions, both legal and equitable, necessary to assure compliance
with this Chapter.
(c) Appeals
Any person wishing to appeal a decision of the Building Official
on the grounds that the decision misconstrues or wrongly interprets
this Chapter may within 30 days after the decision appeal the same to
the Board of Adjustments (see Standard Building Code, § 112 et seq)
provided that the appealing party shall give notice of appeal in writing
to the office of the Building Official no less than ten (10) days fol-
lowing the decision appealed from and provided further that the appealing
party shall comply with the Building Official's decision pending appeal
unless the Building Official shall direct otherwise.
Section 4. Sign Permits and Fees
(a) Permit Required
(1) A person commits an offense if he erects, constructs, reconstructs
or alters a sign without first having secured a written permit from the
Building Official of the City of Huntsville to do so, subject to the
exceptions set forth in subsection (b) below.
(2) If, within any twelve (12) month period, alterations or repairs
costing in excess of fifty (50) percent of the then physical value of
the sign structure are made to an existing sign structure, such sign
shall be made to conform to the requirements of this code except for
Section 9. (off - premise signs - location)
(b) Exceptions
No permit shall be required under this Chapter for on- premise signs
of the following descriptions, unless any such sign is a spectacular
sign, or a portable sign. Any sign listed hereunder shall be erected
and maintained in a safe condition in conformity with this Chapter and
the Building Code.
(1) signs painted on glass surfaces or windows or doors;
(2) wall signs not over 100 square feet in area;
(3) signs erected by the City, State of Texas (including its
political subdivisions such as counties, school districts, universities,
and the Department of Corrections), or the Federal Government and the
lessees of such governmental entities;
(4) railroad signs;
(5) legal notices (such as "no trespassing" or "no parking ")
and house numbers not exceeding four square feet in area;
(6) a sign not over 40 square feet in area setting forth informa-
tion concerning a building or other structure under repair or construc-
tion or advertising the sale or rental of the premises;
(7) signs within a stadium designed to be viewed by patrons with
such stadium;
(8) temporary signs, provided the number of such signs on any
premise does not exceed two (2) in number, and provided such signs are
displayed on consecutive days, and for only a maximum of seven (7) days
in any thirty (30) day period;
(9) on- premise signs setting forth the location of or directions
to parking or buildings located on the premises, or regulating the flow
of on- premise traffic. Such directional signs may be lighted, consistent
with the other requirements for electrical signs in this Chapter and
with the requirements of the building code;
(10) signs displayed, designed, or used for or upon motor vehicles;
or
(11) signs which are mounted on the face of a building no higher
than the roof line or form an integral part of a canopy or marquee en-
trance and state only the street number, name of the proprietor, and
name of the premises therein; provided that, the number of such signs
shall not exceed the number of entrances for such premises.
(c) Application Procedure
(1) The application for a permit shall be submitted in such form
as the Building Official may prescribe and shall be accompanied by draw-
ings and descriptive data to verify compliance with the provisions of
this Chapter. Construction permit applications for new ground signs
when erected or constructed to heights exceeding 30 feet above ground
level, or for new roof signs when erected 30 feet above ground level
shall be accompanied by a drawing of the sign structure and the sign
prepared by and certified by a professional engineer registered in the
State of Texas; the Building Official at his option may also require
similar certification by a registered professional engineer if any un-
usual structural provisions of a proposed sign indicate such certifi-
cation is necessary in the interest of public safety.
(2) Every application shall be signed by both the owner of the
premises upon which the sign is to be (or has been) constructed (or
the authorized lessee of such premises) and the sign company if the
sign is an off - premise sign, that the sign is authorized to be erected
or to be thereafter maintained on the premises, and shall contain the
sworn affidavit of the owner or lessee and the sign company that the
sign does not violate any applicable deed restriction or other similar
restrictions on the premises.
(3) If the location, plans and specifications set forth in any
application for permit conform to all of the requirements of this Chapter
and other applicable provisions of the Building Code, the Building
Official shall issue the permit.
(d) Identification of Signs
Every sign for which a permit is required shall be plainly marked
with the name of the owner, lessee or the sign company erecting and main-
taining the sign, and shall have affixed on the front thereof or on some
other location so as to be conspicuous and easily identifiable from an
adjacent public street, an individually numbered sticker, tag or token
provided by the City.
(e) Construction Permit Effectiveness; Renewal Permit
Any permit for construction of a sign shall become null and void
unless construction of the sign is completed within 180 days, or the permit
is renewed for an additional 180 days, in which case an additional fee
shall be payable equal to one -half the original fee paid and the proposed
sign shall meet all of the requirements of this Chapter on the date of
renewal.
(f) Electrical Signs
Any electrical sign shall conform fully to the requirements of
Chapter 7 of the Code of Ordinances of the City of Huntsville and shall
receive a permit under the provisions of that Chapter.
(g) Permit Fees
All signs will be permitted in compliance with the following schedule
of fees:
(1) $ .25 per square foot of sign face area with minimum permit of
$5.00; plus
(2) $1.00 per linear foot of sign height measured from top of sign
trim or face; plus
(3) any other standard inspection fee or applicable permit fee .
TABLE ONE
SIGN PERMIT FEE
Maximum Height 421'
Example: 4' x 8' single face
sign 10' from ground
will permit for:
32 sq.ft. @ $.25 = $ 8.00
Inspection Fee $ 5.00
Height Fee $ 10.00
Total Fee $ 23.00
Example maximum fee:
672 sq.ft. sign 421'
from ground will
permit for:
672 sq.ft. @ $.25 = $168.00
Inspection Fee $ 5.00
Height Fee $ 42.00
Total Fee $215.00
Section 5. Sign Maintenance and Removal
(a) Maintenance
All signs shall be kept in good repair and, unless of galvanized or
non - corroding metal or treated with appropriate wood preservatives, shall
be thoroughly painted as often as is necessary consistent with good main-
tenance. All braces, bolts, clips, supporting frame and fastenings shall
be free from deterioration, termite infestation, rot, or loosening. All
signs shall be able to withstand safely at all times the wind pressures
specified elsewhere in this Chapter. In case any sign is not so maintained,
the Building Official shall give written notice to the owner or lessee
thereof to so maintain the sign, or to remove the sign.
(b) Unsafe Signs
Should any sign in the opinion of the Building Official become insecure
or in danger of falling or otherwise unsafe, the Building Official shall
give written notice of the condition of the sign to the person owning,
leasing, or responsible for the sign. Said person so notified shall
correct the unsafe condition of the sign in a manner to be approved
by the Building Official in conformity with the provisions of this
Chapter.
(c) Unlawful Signs
In case any sign shall be installed, erected, constructed or main-
tained in violation of any of the terms of this Chapter, the Building
Official shall give written notice to the owner, lessee or person re-
sponsible for said sign ordering said owner, lessee, or person to alter
the sign so as to comply with this Chapter, or to remove the sign.
(d) Abandoned Signs
Any sign structure lawfully erected and maintained which has no
copy, transcript, reproduction, model, likeness, image, advertisement
or written material for a period of 120 consecutive days is hereby de-
clared to be a violation of this Section, and as such shall be restored
to use or removed by the owner or permittee within 30 days after notice
by the Building Official of such violation. If the owner or permittee
fails to restore the off - premise sign structure to use or remove the
abandoned off - premise sign structure within the specified 30 days, the
sign company which received a permit for the sign shall be deemed to have
forfeited the removal bond required by Section 3 and the Building Official
shall use the proceeds to remove the abandoned off - premise sign structure.
(e) Removal of Signs
Any written notice to alter or to remove a sign shall be given by
the Building Official by certified mail or written notice served person-
ally upon the owner, lessee, or person responsible for the sign, or the
owner's agent. If the owner cannot be located, notice may be served by
posting it on the sign. If such order is not complied with within ten
(10) days, the Building Official shall initiate proceedings under Sec-
tion 3 herein to remove the sign at the expense of the owners, lessee,
or person responsible therefor.
(CROSS REFERENCE Standard Building Code Sec. 103.4 et seq.)
Section 6. Miscellaneous Sign Provisions
(a) Christmas Displays
Christmas displays and similar temporary displays erected without
advertising shall not be subject to the provisions of this Chapter, but
shall be subject to the Fire Code and rules and regulations for fire
safety promulgated by the Fire Marshal.
(b) Political Signs
No permit shall be required under this Chapter for a sign erected
solely for and relating to a public election for a period commencing
60 days prior to and for 10 days following such public election, provided
that such unpermitted sign shall be located on private property only,
shall be constructed of lightweight material, and shall not exceed 50
square feet in size.
(c) Signs on Public Rights -of -way
(1) With the exception of signs lawfully permitted or erected prior
to the passage of this ordinance, it shall be unlawful to place a sign
upon a public street, public sidewalk, public alley, public right -of -way,
public curb or other public improvement in any public street or grounds,
on any public bridge or part of same, or on any public place or on any
P improvement express im rovement unless ress consent therefor shall have been first
P
granted by the City Council. Coin - operated devices used to display and
vend newspapers, however, may be so placed, so long as they are not placed
to impede vehicular or pedestrian traffic. This subsection does not apply
to public property leased for private business purposes.
(2) The Building Official, employees of the Police Department, the
Department of Public Works and Department of Public U t i l i t i e s
are hereby authorized to impound any signs found on a public street, pub-
lic sidewalk or public alley and transport or cause the same to be trans-
ported to a location to be designated by the Building Official for storage.
The custodian of the storage area shall maintain records of where such
signs were located when they were so impounded and the date on which they
were so impounded and shall hold the same in the storage area for a period
of not more than 30 days. Any sign so held may be redeemed by the owner
thereof upon the payment of a fee to the City of Huntsville through the
custodian thereof, consisting of a total of $50.00 for hauling the same
to storage, plus $10.00 per day storage fee for each day the sign is
stored. Such fee shall be in addition to and not in lieu of any fine
imposed upon such owner for violation of this Chapter. Any sign im-
pounded and stored and not redeemed by the owner thereof within 30 days
may be sold at public auction in the same manner as surplus property of
the City.
(CROSS REFERENCE Sec. 5(f) supra.)
(d) Signs not to Obstruct
(1) No sign shall be erected, constructed, or maintained so as to
obstruct any means of egress, or any opening necessary for required light,
ventilation or fire fighting or for escape from the premises, or so as to
prevent free passage from one part of a roof to any other part thereof.
(2) No sign shall be attached to any exterior stairway, fire escape,
fire tower balcony, or balcony serving as a horizontal exit.
(3) No sign shall be erected, constructed, or maintained so as to
interfere with the free operation of a counterbalanced section of a fire
escape, and no projecting sign shall be erected, constructed or maintained
without a minimum of seven feet of clearance over any such counterbalanced
section.
(4) No sign shall obstruct the free use of any window above the
first story.
(e) Change of Ornamental Features, Electric Wiring, or Advertising Display
No sign permit is required for the change of any of the ornamental
features, electric wiring or devices, or the advertising display of a
sign.
(f) Signs Obscuring or Interfering with View
Signs may not be located or illuminated in such a manner as to ob-
scure or otherwise interfere with the effectiveness of an official traffic
sign, signal or device, or so as to obstruct or interfere with the view
of a driver of approaching, emerging or intersecting traffic, or so as
to prevent any traveler on any street from obtaining a clear view of ap-
proaching vehicles for a distance of 250 feet along the street.
(g) Proper Shielding of Lighted Signs; Interference With Drivers of
Motor Vehicles
Signs containing lights which are not effectively shielded as to
prevent beams of rays of light from being directed at any portion of
the traveled way from which the sign is primarily viewed and which are
of such intensity orklliance as to cause glare or to impair the vision
of the driver of any motor vehicle, or which otherwise interfere with
any driver's operation of a motor vehicle, are prohibited.
(h) Spectacular Signs
Spectacular signs with glaring strobe or spot lights or rotating
strobe or spot lights are prohibited.
Section 7. Structural Requirements
(a) Design
(1) General - All signs and sign structures shall be designed and
constructed to resist wind forces as specified in this Section. All
bracing systems shall be designed and constructed to transfer lateral
forces to the foundations. For signs on buildings the dead and lateral
loads shall be transmitted through the structural frame of the building
to the ground in such manner as not to overstress any of the elements
thereof.
The overturning moment produced from lateral forces shall in no case
exceed two - thirds of the dead -load resisting moment for all signs. Up-
lift due to overturning shall be adequately resisted by proper anchorage
to the ground or to the structural frame of the building for all signs.
The weight of earth superimposed over footings may be used in determining
the dead -load resisting moment. Such earth shall be carefully placed and
thoroughly compacted.
The allowable stresses in wire ropes and steel guy rods and their
fastenings shall not exceed one - fourth (1/4) of their rates tensile
strength.
(2) Wind Loads - All signs and sign structures shall be designed
to resist wind loads as follows:
WIND LOAD PRESSURES IN POUNDS
PER SQUARE FOOT FOR ALL SIGNS
Height Above
Ground *, Feet
Pressure,
Pounds /ft.
0 - 30 13
31 - 50 18
51 - 99 21
100 - 199 26
200 - 299 30
300 - 399 33
400 - 500 36
501 - 800 39
Over 800 45
*Measured above the average level of the ground
adjacent to the structure.
(3) Vertical Design Loads - Vertical design loads, except roof
live loads, shall be assumed to be acting simultaneously with the wind
loads.
(4) Working Stresses - All signs shall be designed to conform
with the requirements of the City of Huntsville Building Code regarding
allowable working stresses. The working strength of chains, cables, guys
or steel rods shall not exceed one -fifth of the ultimate strength of such
chains, cables, guys or steel rods.
(b) Construction
(1) General - The supports for all signs or sign structures shall
be placed in or upon private property and shall be securely built, con-
structed, and erected in conformance with the requirements of the City
of Huntsville Building Code.
(2) Materials - Materials for construction of all signs and sign
structures shall be of the quality and grade as specified for buildings
in the City of Huntsville Building Code consistent with the City Fire
Code.
(3) Nonstructural Trim - Nonstructural trim and portable display
surfaces may be of wood, metal, approved plastics, or any combination
thereof, consistent with the City Fire Code.
(4) Anchorage - Members supporting unbraced signs shall be so pro-
portioned that the bearing loads imposed on the soil in either direction,
horizontal or vertical, shall not exceed the safe values stated in Sec-
tion 7(a)(1) herein. All ground signs shall be anchored to resist the
wind load specified in Section 7(a)(2) herein acting in any direction.
Anchors and supports shall be designed for safe bearing loads on the soil
and for an effective resistance to pullout amounting to a force 25 percent
greater than the required resistance to overturning.
(5) Signs attached to masonry - Signs attached to masonry concrete,
or steel shall be safely and securely fastened thereto by means of metal
anchors, bolts, or approved expansion screws of sufficient size and an-
chorage to support safely the loads applied.
(6) Unbraced parapet wall - No anchor or support of any sign will
be connected to, or supported by, an unbraced parapet wall, unless such
wall is designed in accordance with the requirements for parapet walls
specified in the City of Huntsville Building Code.
(7) Display surfaces - Display surfaces in all types of signs may
be made of metal, wood, glass or approved plastics as noted in Section
7(d) unless otherwise prohibited herein or prohibited by the Fire Code.
(8) Glass thickness and area limitations shall be as follows:
SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS
MAXIMUM SIZE OF EXPOSED
GLASS PANEL
ANY DIMENSION AREA
(In Square
(In Inches) Inches)
30
45
144
Over 144
500
700
3,600
Over 3,600
(c) Electrical Requirements
MINIMUM
THICKNESS
OF GLASS
(In Inches)
TYPE OF GLASS
1/8 Plain, Plate or Wired
3/16 Plain, Plate or Wired
1/4 Plain, Plate or Wired
1/4 Wired Glass
(1) All electrical fixtures, equipment and appurtenances installed
in conjunction with a sign shall be designed and installed in accordance
with City of Huntsville Building Code.
(2) All electrical signs shall be limited to bulbs of 150 watts
for bulbs located in the face of the sign, shall be limited to lighting
circuits of 120 volts, shall contain a sunshade screen dimmer, and shall
not use reflectorized lights as part of the face of the sign. For the
purpose of this Section, "reflectorized lights" shall mean any lamp con-
structed with reflector -type materials so as to focus, intensify, flood,
or spot such lamp in a certain direction, including, but not limited to,
lamps designated by the manufacturers as flood, spot, reflector or flood,
reflector spot, reflector light, or clear reflector.
(d) Use of Plastic Materials
(1) For the purposes of this subsection (d), the following defini-
tions shall apply:
(i) 'Display surface' shall mean the entire surface of a
sign, on one side, devoted to exhibiting or contrasting exhibits
of advertising. The display surface shall generally include the
entire sign surface except for the sign frame and incidental
supports thereto.
(ii) 'Sign facing' or 'facing' shall mean a separate and
distinguishable portion of the overall display surface.
(2) Notwithstanding any other provisions of this Code, plastic
materials which burn at a maximum rate of two and one -half inches per
minute when tested in accordance with "Test for Flammability of Rigid
Plastics Over 0.050 Inches in Thickness, ASTM D635- 1974 ", shall be
deemed 'approved plastics' for the purposes of this Chapter, and may
be used as the display surface material and for the letters, decorations
and facings on signs; provided that, the structure of the sign in which
the plastic is mounted or installed is non - combustible.
(3) Individual plastic facings of electrical signs shall not ex-
ceed 200 square feet in area. If the area of a display surface exceeds
200 square feet, the area occupied or covered by approved plastics shall
be limited to 200 square feet plus 50 percent of the difference between
200 square feet and the total square footage area of the sign.
(4) The area of plastic on a display surface shall not in any case
exceed 550 square feet.
(5) Letters and decorations mounted upon an approved plastic facing
or display surface shall be made of approved plastics.
(e) Height Limitation
Except as stated herein, no ground sign shall be established, con-
structed or erected which exceeds an over -all height of twenty (20) feet
including cutouts extending above the rectangular border, measured from
the highest point on the sign to the grade level of the ground surface
in which the sign supports are placed. A ground sign within five hundred
(500) feet of Interstate 45 may be constructed to a height not to exceed
forty -two and one -half (421) feet. A roof sign having a tight or solid
surface shall not at any point exceed twenty -four (24) feet above the roof
level. Open roof signs in which the uniform open area is not less than
40 percent of total gross area may be erected to a height of twenty (20)
feet above the roof level. Projecting signs shall be a minimum of fourteen
(14) feet in height above grade.
(f) Size Limitation
Except as stated herein, no on- premise sign other than an on- premise
wall sign shall be established, constructed, or erected which has a face
area exceeding 300 square feet, including cutouts, but excluding uprights,
or which has face dimensions that exceed 15 feet in height or 30 feet in
width. No off - premise sign shall be established, constructed or erected
which has a face area exceeding 672 square feet, including cutouts, but
excluding uprights. No doublefaced off - premise sign shall be established,
constructed, or erected unless each face is 75 square feet or less and
the faces are abutting on one edge.
(g) Method of Determining the Area of a Sign
In determining the area of any sign, the dimensions of the rectangle
enclosing the signboard, excluding the supporting structure, shall be
used. If the sign includes cutouts or facings extending beyond the
dimensions of the rectangular signboard, the measurement of sign area
shall include the actual area of the cutout or extended facings. For
signs of a double faced, back -to -back, or V -type nature, each face
shall be considered a separate sign in computing the face area.
(h) Clearances
(1) Clearances from High Voltage Power Lines - Signs shall be located
a minimum distance of six feet measured horizontally and 12 feet measured
vertically from overhead electric conductors which are energized in excess
of 750 volts. The term 'overhead conductors' as used in this subsection (h)
means any electrical conductor, either bare or insulated, installed above
the ground.
(2) No portion of a sign or sign structure shall project into any
public alley unless said portion is a minimum of 14 feet in height above
grade.
(i) Fire Prevention Requirements
(1) For the purposes of this Section 7, the following definitions
shall apply:
(i) 'Non - combustible material' shall mean material no less
flammable than steel, iron, or other similar metal, or as
the term shall be otherwise defined by the Fire or Building
Code of the City of Huntsville, or by the Building Official;
'non - combustible material' shall include 'incombustible'
material.
(ii) 'Combustible material' shall mean material more flammable
than metal, but no more flammable than wood or approved
plastic, as that term is defined in Subsection (d) herein;
no material more flammable than wood or approved plastic
shall be used in any sign.
(2) When signs are required herein to be constructed of non - combustible
material, all parts of such signs, including the sign structure, shall be
of non - combustible material, except that the following parts made out of
combustible material shall be permitted:
(i) Small ornamental moldings, battens, cappings and nailing
strips;
(ii) Individual letters, symbols, figures and insignia supported
by or within a non - combustible frame or a permitted combustible
facing as permitted by Section 7(d)(2).
(iii) Portions of each face of a sign, up to but not exceeding
one hundred (100) square feet of facing, as long as the total
area of facing for such sign does not exceed two hundred (200)
square feet;
(iv) Wood posts and braces for signs whose surface is no more
than ten (10) feet six (6) inches in height when such signs
are determined to be non - hazardous by the Building Official
based on health and safety considerations, including but
not limited to, their location, their proximity to other
flammable materials, their proximity to occupied structures,
and their proximity to necessary fire fighting equipment.
(j) Ground Signs
(1) Lighting reflectors on ground signs may project beyond the face
of the sign.
(2) Every ground sign shall provide rigid construction to withstand
wind action in all directions.
(3) Any person, including owner, lessee, or other person, using any
vacant lot or premises for the location of a ground sign shall keep such
premises clean, sanitary, inoffensive, and free and clear of all obnoxious
substances and unsightly conditions on the ground in the vicinity of such
ground sign.
(k) Wall Signs
Wall signs attached to exterior walls of solid masonry, concrete or
stone, shall be safely and securely attached to the same by means of metal
anchors, bolts or expansion screws of not less than three - eighths inch in
diameter and shall be embedded at least five inches. A wall sign shall
not be supported by anchorages secured to an unbraced parapet wall.
(1) Roof Signs
(1) All roof signs shall be so constructed as to leave a clear
space of not less than six feet between the roof level and the lowest
part of the sign and shall have at least five feet clearance between the
vertical supports thereof; provided, however, no portion of any roof sign
structure shall project beyond an exterior wall.
(2) The bearing plates of all roof signs shall distribute the load
directly to or upon masonry walls, steel roof girders, columns or beams.
The building shall be designed to avoid overstress of these members.
(3) All roof signs shall be thoroughly secured to the building
upon which they are installed, erected or constructed by iron, metal
anchors, bolts, supports, chains, stranded cables, steel rods or braces
and they shall be maintained in good condition as set forth in Section 5.
(m) Projecting Signs
(1) All projecting signs shall be securely attached to a building
or structure by metal supports such as bolts, anchors, supports, chains,
guys or steel rods. Staples or nails shall not be used to secure any
projecting sign to any building or structure.
(2) The dead load of projecting signs, not parallel to the building
or structure, and the load due to wind pressure shall be supported with
chains, guys, or steel rods having net cross - sectional dimension of not
less than three - eighths inch in diameter. Such supports shall be erected
or maintained at an angle of at least 45 degrees with the horizontal to
resist the dead load and at an angle of 45 degrees or more with the face
of the sign to resist the specified wind pressure. If such projecting sign
exceeds 30 square feet in one facial area, there shall be provided at least
two such supports on each side of the sign not more than eight feet apart
to resist the wind pressure.
(3) All support shall be secured by an expansion shield to a bolt
or expansion screw of such size that will develop the strength of the
supporting chain, guys or steel rod, with a minimum five - eighths inch
bolt or lag screw. Turn buckles shall be placed in all chains, guys or
steel rods supporting projecting signs.
(4) Chains, cables,guys, or steel rods used to support the live or
dead load of projecting signs may be fastened to solid masonry walls with
expansion bolts or by machine screws in iron supports, but such supports
shall not be attached to an unbraced parapet wall. Where the supports
must be fastened to walls made of wood, the supporting anchor bolts must
go through the wall and be plated and fastened on the wall in a secure
manner.
(5) A projecting sign shall not be erected on the wall of any build-
ing so as to project above the roof or cornice wall or above the roof
level where there is no cornice wall; except that a sign erected at a
right angle to the building, the horizontal width of which sign perpen-
dicular to such wall does not exceed 18 inches may be erected to a height
not exceeding two feet above the roof or cornice wall or above the roof
level where there is no cornice wall. A sign attached to a corner of a
building and parallel to the vertical line of such corner, shall be deemed
to be erected at a right angle to the building wall.
(n) Marquee Signs
Marquee signs may be attached to or hung from a marquee. The lowest
point of a sign hung from a marqueee shall be at least 8 feet above the
sidewalk or ground level, and further, such signs shall not extend or
project beyond the corners of the marquee. Marquee signs may be attached
to the sides and front of a marquee, and a sign may extend the entire
length and width of said marquee, provided that no sign shall extend more
than 6 feet above nor one foot below such marquee, nor have a vertical
dimension greater than 8 feet.
(o) Portable Signs
(1) Every portable sign shall be equipped with a trailer hitch and
locking device approved by the Building Inspector to hold the trailer
in a securely locked position during transport. All such hitching equip-
ment shall also comply with all applicable Federal, State and local laws
regulating same.
(2) Every portable sign not in transit shall be securely anchored
to the ground by cables, ground supports, or other means acceptable to
the Building Official to prevent overturning in high winds.
(3) Portable signs shall for the purpose of this Chapter be con-
sidered non - mobile, non - portable ground signs and thereby are subject
to all provisions of this Chapter, including the structural requirements,
spacing requirements, permitting and fee requirements, on- premise and
off - premise provisions, and all other provisions of this Chapter appli-
cable to ground signs unless a provision which applies by its terms to
portable signs is in conflict with a provision applying to ground signs,
in which case the provision applying specifically to portable signs would
control.
(p) Signs of V -Type or Back -to -Back Construction
(1) The angle between the faces of V -type signs shall be no greater
than 45 degrees measured back to back and if the area of each face is
300 square feet or less, the maximum distance at the nearest point be-
tween the two backs, as measured at the apex, shall not exceed one and
one -half feet; if the area of either face exceeds 300 square feet, then
the maximum distance between the two backs, as measured at the apex,
shall not exceed three and one -half feet.
(2) Back -to -back signs must be on common supports and if the area
of each is 300 square feet or less, then the nearest point between the
two backs shall not exceed five feet plus the diameter of the interven-
ing upright or support.
Section 8. On- Premise Sign Provisions
The provisions of this Section shall apply only to on- premise signs,
as that term is defined in Section 2 of this Chapter, within the City
limits of the City of Huntsville.
(a) Location Relative Public Right -of -Way
With the exception of on- premise signs lawfully permitted or erected
prior to the passage of this ordinance, all on- premise signs and sign
structures shall be contained wholly within the premises upon which they
are located and shall not extend onto the public right -of -way; provided
that, on- premises projecting signs may extend up to 10 feet outward from
the building to which they are attached as long as such extension is no
closer than 2 feet behind the curb line.
(b) Business Purpose Required
An on- premise sign must be erected in connection with a business
purpose as defined in this Chapter; any sign not connected with a business
purpose shall be considered an off - premise sign.
Section 9. Off- Premise Sign Provisions
The provisions of this Section shall apply only to off - premise signs,
as that term is defined in Section 2 of this Chapter, within the City
limits of the City of Huntsville.
(a) Definitions
The following definitions shall apply to this Section:
(1) 'Commercial or industrial activity' shall mean property that
is devoted to use for commercial or industrial purposes, and not for resi-
dential purposes. 'Commercial or industrial activity' shall not include
the following:
(i) Signs;
(ii) Agricultural, forestry, ranching, grazing, farming and
related activities including but not limited to temporary wayside
fresh produce stands;
(iii) Activities not housed in permanent building or structure;
(iv) Activities not visible from the traffic lanes of the main
traveled way;
(v) Activities conducted in a building primarily used as a
residence; and
(vi) Railroad right -of -way.
(2) 'Primarily residential area' shall mean the right -of -way (and
adjoining property area) between two intersecting public streets in which
a majority of the total front footage is used for residential purposes.
(b) General Location
(1) A person commits an offense if he erects, constructs or estab-
lishes a sign not visible from one or more of the following major
thoroughfares:
(i) Highway 75
(ii) Highway 30
(iii) Interstate 45
(iv) Highway 19
(v) Highway 190
(vi) East Loop.
(2) All off - premise signs shall be located within eight hundred
(800) feet of a commercial or industrial activity.
(3) No off - premise sign shall be located in a primarily residential
area.
(4) All off - premise signs, other than those subject to regulation
under the provisions of the Texas Highway Beautification Act, TEX.REV.CIV.
STAT. Art. 6674 V -1, including all amendments or under the Federal Highway
Beautification Act, 23 USCA § 131 et seq., shall be subject to the follow-
ing spacing requirements from other off - premise signs on the same side of
the public right -of -way (see also Table Two):
(i) No off - premise sign having a face area in excess of 300
square feet shall be located within 400 feet of another off - premise
sign.
(ii) No off - premise sign having a face area of from 100 to 300
square feet shall be located within 200 feet of another sign.
(iii) No off - premise sign having a face area up to 100 square feet
shall be located within 100 feet of another off - premise sign.
TABLE TWO
SPACING OF OFF - PREMISE SIGNS
Face Area of Sign Distance to Other Signs in Feet
other sign other sign other sign
area area area
300 sq.ft. 100 -300 sq.ft. less than
or more 100 sq.ft.
300 sq.ft. or more 400 400 400
100 -300 sq.ft. 400 200 200
less than 100 sq.ft. 400 200 100
All State regulated
Highway signs 500 500 500
(5) In computing the distance between off - premise signs, all measure-
ments shall be made parallel to the edge of the street, and on the same
side of the street.
(6) These general location requirements shall apply to all classifi-
cations of signs, types of signs and special function signs, and all other
signs used as off - premise signs, including portable signs.
(c) Location on Property
All off - premise signs and sign structures shall be within the deeded
front building line, or if no such line exists, within the property line,
but in no event closer than 20 feet to the curb of any public street.
(d) Visibility Triangle
Within the triangular areas shown below or within 45 feet of an inter-
section, no part of the face of an ,off-premise sign shall be lower than
a height of eight feet above the grade level of the nearest street.
W
N
S
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(e) Abandonment of Sign Structures
Any sign structure lawfully erected and maintained which has no copy,
transcript, reproduction, model, likeness, image, advertisement, or written
material .for a period.of 120 consecutive days is hereby declared to be a vio-
lation of this Section, and as such shall be restored to use or removed
by the owner or permittee within 30 days after notice by the Building
Official of such violation. If the owner or permittee fails to restore
the sign structure to use or remove the abandoned sign structure within
the specified 30 days, the sign company which received a permit for the
sign shall be deemed to have forfeited the removal bond required by
Section 3 and the Building Official shall use the proceeds to remove
the abandoned sign structure.
Section 2: Any person, firm or corporation who shall violate any of the pro-
visions of this Chapter, or who shall fail to comply with same shall be
guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine of not exceeding two hundred dollars ($200.00).
Section 3: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed; provided, however, that such
repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision or part of this ordinance or the application of
same to any person or set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their applica-
tion to other persons or sets of circumstances and to the end all pro-
visions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect from and after ten (10) days
from its publication. The City Secretary is hereby directed to give
notice hereof by causing the caption of this ordinance to be published
in the City's official newspaper at least once within twenty (20) days
after its final passage by City Council.
PASSED UNANIMOUSLY FIRST READING THIS Ap day of J u ,- , 1981.
PASSED SECOND READING THIS day of
APPROVED THIS /6p day of
ST:
uth DeShaw, City Secretary
APPROVED AS TO FORM:
TAW
Scott Bounds, City Attorney
, 1981.
, 1981.
THE CITY OF HUNTSVILLE, TEXAS
By