HomeMy Public PortalAboutOrdinance No. 773-95 11-28-1995 ORDINANCE NO. ~ ~ 3 - 9 5
AN ORDINANCE ADDING A CHAPTER 15 "SIGN CODE"
TO THE CODE OF ORDINANCES, CITY OF RICHLAND
HILLS, TEXAS; ADOPTING PERMIT FEES ;PROVIDING
FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE
NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE, EXCEPT THAT THE
PENALTY SHALL BE THAT FIXED BY STATE LAW
WHERE A DIFFERENT PENALTY HAS BEEN
ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND
EXCEPT THAT FOR ANY OFFENSE WHICH IS A
VIOLATION OF ANY PROVISION GOVERNING FIRE
SAFETY, ZONING OR PUBLIC HEALTH AND
SANITATION, INCLUDING THE DUMPING OF REFUSE AS
THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS
LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S
ANNOTATED CIVIL STATUTES, AS AMENDED, THE
PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; PROVIDING PROVISIONS FOR VARIANCES
FROM SIGN REGULATIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of Richland Hills, Texas:
I.
That Section 1 1, "Sign Regulations" of Chapter 3, "Building Regulations" of the Code of Ordinances
of the City of Richland Hills, Texas, is hereby repealed in its entirety. That Chapter 15, "Sign Code"
of the Code of Ordinances, City of Richland Hills, Texas, be hereby adopted to hereafter be and read
as follows:
"CHAPTER 15
•
SIGN CODE
SECTION 1: SCOPE AND ENFORCEMENT
PURPOSE
Signs use private land and the sight lines created by the public right-of--way to inform and persuade
the general public by publishing a message. This chapter provides standards for the erection and
maintenance of signs. All signs not exempted shall be erected and maintained in accordance with
these standards. The general objectives of these standards are to promote health, safety, welfare,
convenience and enjoyment of the public, and in part to achieve the following:
A. Safety: To promote the safety of persons and property by providing that signs:
1. Do not create a hazard due to collapse, fire, collision, decay or abandonment:
2. Do not obstruct fire fighting or police surveillance; and
3. Do not create traffic hazards by confusing or distracting motorists, or by impairing
the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic
signs.
B. Communications Efficiency: To promote the efficient transfer of information in sign
messages by providing that:
1. Those signs which provide messages and information most needed and sought by the
public are given priorities.
2. Business and services may identify themselves.
3. Customers and other persons may locate a business or service.
4. No person or group is arbitrarily denied the use of the sight lines from the public
right-of--way for communication purposes.
5. Persons exposed to signs are not overwhelmed by the number of messages presented,
and are able to exercise freedom of choice to observe or ignore said messages,
according to the observer's purpose.
ORDINANCE NO. 773-95 PAGE 2
C. Landscape Quality and Preservation: To protect the public welfare and to enhance the
appearance and economic value of the landscape, by providing that signs:
1. Do not interfere with scenic views;
2. Do not create a nuisance to persons using the public right-of--way;
3. Do not create a nuisance to occupancy of adjacent and contiguous property by their
brightness, size, height or movement; and
4. Are not detrimental to land or property values.
ORDINANCE NO. 773-95 PAGE 3
SECTION 2: DEFINITIONS
The following words and phrases shall have meanings respectively ascribed to them by this chapter.
Where terms are not defined, they shall have their ordinarily accepted meanings within the context
with which they are used. Webster's Third New International Dictionary of the English Language,
Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings.
Building - means a structure which has a roof supported by columns, wall or air for the shelter,
support, or enclosure of persons, animal or chattel.
Effective Area, Attached Sign -means the sum of the areas of the minimum imaginary rectangles
enclosing each word attached to any particular facade. Effective area shall also be referred to as size.
(See Appendix Illustration 1)
Effective Area, Monument Sign -means the area enclosed by drawing a rectangle of horizontal and
vertical lines which fully contain all extremities of the sign location above the ground including the
sign base. The measurement is to be calculated from a viewpoint which gives the largest rectangle
of that kind. Double faced signs constructed so that the faces are within forty-five (45) degrees of
one another shall be considered one sign face. The effective area shall also be referred to as size.
(See appendix Illustration 1)
• Effective Area, Other Sign -Signs that do not meet the definition of attached signs or monument
signs shall be referred to as other signs. The effective area of other signs shall be calculated by
drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign
exclusive of its supports. Double faced signs constructed so that the faces are within forty-five (45)
degrees of one another shall be considered one sign face. Effective area shall also be referred to as
size.
Facade -means any separate face of a building, including parapet walls and omitted wall line, or
any part of a building which encloses or covers usable space. Where separate faces are oriented in
the same direction, or in other directions within forty-five degrees of one another, they are to be
considered as a part of a single facade.
Premises - means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if
the lot or tract, or combination is under single ownership and is reflected in the plat record of the
city.
Premises, Dwelling - means a lot zoned Rl-L, R-1 or R-2 that is occupied by a residential housing
structure.
Public Right-of--Way - means a dedicated road or street including the easement for that road or
street.
ORDINANCE NO. 773-95 PAGE 4
Sign -means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque,
or poster visible from outside the premise on which it is located and designed to inform or attract
the attention of persons not on that premise. Messages located inside of a building shall not be
considered signs.
Sign, Attached -means any sign attached to, applied on, or supported by, any part of a building
(such as a wall, roof, widow, canopy, awning, arcade, or marquee) which encloses or covers usable
space.
Sign, Banner - means a sign which is composed of cloth, plastic, paper or canvas.
Sign, Detached -means any detached sign which is of monolithic or semi-monolithic construction
being made from masonry, concrete materials, wood or plastic provided that a masonry base is
incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix
Illustration 2)
Sign, Monument -means any detached sign which is of monolithic or semi-monolithic construction
being made from masonry, concrete materials, wood or plastic provided that a masonry base is
incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix
Illustration 2)
Sign, Movement Control - means a sign which directs vehicular or pedestrian movement within
. or onto the premise on which the movement control sign is located.
Sign, Off-Premise - means a 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 premise on which the sign is located.
Sign, Pole -means any detached sign which is not a monument sign.
Sign, Political -means any type of sign which refers only to the issues or candidates involved in a
political election.
Sign, Portable - means a sign designed or constructed or used to facilitate the placing or moving
of the sign from one location to another.
Sign, Premise - means a sign identifying or advertising a business, person or activity, and installed
and maintained on the same premise as the business, person or activity.
Sign, Protective -means any sign which is commonly associated with safeguarding the permitted
use of the occupancy, including, but not limited to, "bad dog", "no trespassing" and "no solicitors".
Sign, Subdivision - means a sign that identifies the name of the subdivision only.
ORDINANCE NO. 773-95 PAGE 5
Sign Support -means any pole, post, strut, cable or other structural fixture or framework necessary
to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture,
symbol or word using characters in excess of one inch (1 in height, nor is internally or
decoratively illuminated.
Sign, Vehicular -means any sign on a vehicle parked temporarily, incidental to its principal use for
transportation. This definition shall not include signs which are being transported to a site for
permanent erection.
Zoning District, Business -means any zoning district designated by the Zoning Ordinance of the
City of Richland Hills as C-I, C-2, I-1 or I-2.
Zoning District, Non-Business -means any zoning district designated by the Zoning Ordinance of
the City of Richland Hills as R-1L, R-1, R-2, R-3 or R-4.
ORDINANCE NO. 773-95 PAGE 6
SECTION 3: PERMITS PROCEDURES AND FEES
A. ADMINISTRATION: The provisions of this code shall be administered by the Building
Official or his authorized representative.
B. PERMITS: No sign shall be erected, constructed, relocated, altered, repaired or maintained
except as provided in this chapter until a permit for such has been issued and the fee paid,
except as otherwise provided in this chapter.
C. APPLICATIONS: All applications for permits shall include a drawing to scale of the
proposed sign and all existing signs maintained on the premise and visible from the right-of-
way, adrawing of the lot plan or building facade indicating the proposed location of the sign,
and specifications.
D. FEES: Every applicant, before being granted a permit (otherwise noted as permitting) shall
pay to the City of Richland Hills the applicable fee herein defined.
(1) Fees for a permit to erect, alter, replace or relocate a sign shall be fifty dollars
($50.00) for each sign unless otherwise stated in this ordinance.
(2) It shall be unlawful for any person to repair or make structural repairs or alterations,
excluding repainting, normal maintenance or changing the message, to any sign
requiring a permit without first obtaining a repair permit and making payment of the
fee required. Fees for a permit to repair shall be twenty-five dollars ($25.00).
(3) When a sign is erected, placed or maintained, or work started thereon before
obtaining a sign permit, there shall be charged and collected a late fee equal to twice
the amount of the sign permit fee. Payment of the late fee and full compliance with
all other provisions of this chapter will entitle the applicant to a permit for said sign.
(4) A permit for a sign, shall expire if the work is not commenced within forty-five (45)
days from the date of such permit, or if work authorized by such permit is suspended
or abandoned at any time after work is commenced for a period of forty-five (45)
days.
E. ELECTRICAL PERMIT: Where signs contain electrical wiring and connections, an
electrical permit must also be obtained in addition to the permit for the sign. No sign shall
be erected in violation of the city's electrical code.
ORDINANCE NO. 773-95 PAGE 7
SECTION 4: PROHIBITED SIGNS
The following types of signs are expressly prohibited within the City of Richland Hills:
A. Signs that imitate traffic signs or emergency signs. Signs may not contain any combination
of forms, words, colors or lights, which imitate standard public traffic regulatory, emergency
signs or signals.
B. Portable signs (except for those temporary portable signs allowed under section 7 F.).
C. Signs erected in violation of the building or electrical code of the city.
D. Signs attached to or maintained upon any tree or public utility pole or structure.
E. Signs attached to or painted on any sidewalk, curb, gutter, or street (except house address
numbers).
F. Signs that move, flash light intermittently, change color or revolve unless specifically
allowed in this chapter.
G. Pole signs and flag poles unless specifically allowed by this ordinance.
H. Off-Premise signs (except for those temporary portable signs allowed under section 7 F.).
I. Signs erected in the public right-of--way (except subdivision signs allowed under section 8
G.).
J. Signs attached to or painted on the outside of a fence or railing.
K. Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute
a safety hazard or nuisance.
L. Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in
such a way that the sign informs or attracts the attention of persons using the public right-of-
way.
Exception: A maximum of two (2) vehicles may be parked at the vehicle owner's
residence advertising the sale of the vehicles.
M. Signs attached to a vehicle advertising a business and where the vehicle is parked in such a
way to inform or attract the attention of persons using the public right-of--way. Parking of
a vehicle at one site, and where it is obvious that the vehicle is parked at that location
primarily to attract the attention of persons using the public right-of--way, for four (4) hours
or more shall be prima facia evidence of noncompliance with this section.
ORDINANCE NO. 773-95 PAGE S
SECTION 5: EXEMPT SIGNS
The following signs are specifically exempt from the provisions of this code.
A. MOVEMENT CONTROL SIGNS: Movement control signs may be erected at any
occupancy or any premise, other than single family or duplex premises, may be attached or
detached and may be erected without limits as to number; provided that such signs shall
comply with all other applicable requirements of this chapter. Movement control signs shall
be premise signs only. The occupant of a premise who erects a movement control sign shall
comply with the following requirements:
(1) Each sign must not exceed three (3) square feet in effective area.
(2) If a sign is an attached sign, the words must not exceed six (6) inches in height.
(3) Each sign must convey a message which directs vehicular or pedestrian movement
within or onto the premise on which the sign is located.
(4) The signs must contain no advertising or identification message.
B. PROTECTIVE SIGNS: The occupant of a premise may erect not more than two (2)
protective signs, in accordance with the following provisions:
(1) Each sign must not exceed two (2) square feet in effective area.
(2) Detached signs must not exceed two (2) feet in height.
(3) Letters must not exceed four (4) inches in height.
C. GOVERNMENT SIGNS: Flags, insignia, legal notices, or informational, directional or
traffic signs which are legally required or necessary to the essential functions of government
agencies.
D. HOLIDAY LIGHTS AND DECORATIONS: Temporary lights and holiday decorations
shall be exempt from the terms of this ordinance.
ORDINANCE NO. 773-95 PAGE 9
E. NON-ILLUMINATED POLITICAL SIGNS
(1) With the permission of the property owner or tenant, non-illuminated olitical si ns
p g
may be erected in any zoning district with no limitation as to their number. On lots
where a sidewalk exists within the street right-of--way, signs shall be located between
the sidewalk and the structure -but no closer than three (3) feet from the sidewalk.
On lots where no sidewalk exists within the street right-of--way, the sign shall be
located at least fifteen (15) feet from the edge of the street. Signs can not be erected
sooner than thirty (30) days prior to the election and must be removed within ten (10)
days of the completion of the election.
(a) Political signs that are located on developed property zoned R-1 L, R-1, R-2,
R-3 and R-4 shall not exceed eight (8) square feet in effective area per side.
(b) Signs erected on property zoned C-1, C-2, I-1 or I-2 shall not exceed thirty-
two (32) square feet in effective area per side.
(2) Portable signs which contain a political message must comply with the following
requirements:
(a) A permit must be obtained for the sign prior to placement of the sign within
the city. The fee assessed for the permit will be ten dollars ($10.00).
(b) The sign must not exceed thirty-two (32) square feet.
(c) The sign must be located at least fifteen (15) feet from the pavement of any
public right-of--way.
ORDINANCE NO. 773-95 PAGE 10
SECTION 6: GENERAL REGULATIONS
A. FLAGS: All flags shall conform to the following requirements:
(1) Nothing in this chapter shall be construed to prevent the display of a National, State
or City flag.
(2) Businesses may erect one corporate flag and flag pole, per location, for a bonafide
company or corporate office located within the City of Richland Hills.
B. OBSCENITY: No person shall display on any sign any obscene, indecent or immoral
matter as defined by the State Penal Code. Any sign which does contain any obscene
indecent or immoral matter must be removed or the obscene, indecent or immoral matter
must be removed within twenty-four (24) hours of notice. The owner or person in control
of the property on which the sign is located shall be responsible for compliance with this
section.
C. OBSOLETE SIGNS: All signs relating to a product no longer available for purchase by
the public and all signs relating to a business which has closed or moved away shall be
removed or the advertising copy shall be removed. Painted wall signs shall be painted over
with a color that resembles or matches the wall and does not allow the sign message to be
visible after overpainting. The owner of the property on which the sign is located shall be
responsible to remove the sign within thirty (30) days of obsolescence.
D. MAINTENANCE OF SIGNS: All signs shall be maintained in good condition. Signs
which are damaged in any way, rusty or have peeling paint do not meet minimum
maintenance criteria shall be brought into compliance no later than the tenth (10th) day after
notice of such violation or the sign must be removed. The owner of the property on which
the sign is located shall be responsible for compliance with this subsection.
E. SIGNS HELD BY PEDESTRIANS: Any sign held or carried by a person must be located
at least ten (10) feet from the pavement of any right-of--way.
ORDINANCE NO. 773-95 PAGE 11
SECTION 7: PROVISIONS FOR BUSINESS ZONED DISTRICTS
•
Any sign located within twenty-five (25) feet of anon-business district boundary shall conform to
the requirements of non-business zoning district signs found in Section 8 of this chapter.
A. DETACHED (MONUMENT) SIGNS: Detached (monument) signs are permitted in
business districts as follows:
(1) Shopping Centers with multiple tenants, are permitted to erect a maximum of two (2)
monument signs with the following stipulations.
Maximum size - 100 square feet
Maximum height - 12 feet
Setbacks - 15 feet from street right-of--way.
- 75 feet from property lines other than those property lines
fronting the street right-of--way.
- 500 feet from any other monument sign on the same property.
(2) Businesses located on individually platted land including individual pad sites within
a shopping center are permitted to erect one (1) monument sign with the following
. stipulations:
Maximum size - 75 square feet
Maximum height - 12 feet
Setbacks - 15 feet from street right-of--way
- 75 feet from property lines other than those property lines
fronting the street right-of--way
(3) Gasoline service stations shall mount price per gallon signs on monument signs only.
Monument signs that contain the price per gallon of gasoline sold by that business
are permitted with the following stipulations:
Maximum size - 75 square feet
Maximum height - 12 feet
Setbacks - 15 feet from street right-of--way
- 75 feet from property lines other than those property lines
fronting the street right-of--way
B. ATTACHED SIGNS: Attached signs are permitted in business areas in accordance with
the following provisions:
• ORDINANCE NO. 773-95 PAGE 12
(1) All signs and their words shall be mounted parallel to the building surface to which
they are attached, and shall project no more than eighteen (18) inches from that
surface.
(2) Effective Area: Attached signs shall not exceed the following area schedules:
(a) An attached sign located at a height of thirty-six (36') feet or less is limited
to one (1) square foot of sign area for each lineal foot of building frontage not
to exceed three hundred (300) square feet.
(b) An attached sign located above a height of thirty-six (36) feet shall be
permitted an increase in maximum effective area. Such increases shall not
exceed four (4) square feet in effective area for each additional one (1) foot
of height above thirty-six (36) feet measured from the base of the sign. Signs
may be increased hereunder to a maximum size or four hundred (400) square
feet.
(c) Attached signs may be located on each facade; however, the sum of the
effective area of all attached signs shall not exceed twice the allowable
effective areas specified in above paragraphs (a) and (b). The maximum sum
of effective area for signs is as follows:
(i) The maximum sum of effective area for signs located thirty-six (36)
feet or less in height shall be three-hundred (300) square feet.
(ii) The maximum sum of effective area of signs located at a height above
thirty-six (36) feet shall be four hundred (400) square feet.
(3) Canopies: Signs shall not be attached to canopies (e.g. service station canopies).
However, signs may be stencilled or painted on the canopy provided that an permit
is issued for an attached sign.
(4) Industrial Zoned Property: Building located within an area zoned I-1 or I-2 are
allowed to erect attached signs as follows:
(a) Height: Letter/Logo
Wall Height Above Grade Maximum Letter Height
0-50 feet 48 inches
50-100 feet 60 inches
100-150 feet 72 inches
150-200 feet 84 inches
above 200 feet 96 inches
• ORDINANCE NO. 773-95 PAGE 13
• (b) Area
Maximum Letter/Loco Height Maximum Area
48 inches 200 square feet
60 inches 250 square feet
72 inches 300 square feet
84 inches 350 square feet
96 inches 400 square feet
(i) Horizontal and vertical signs shall not exceed seventy-five (75)
percent of the wall width (or height, if vertical) of such building or
store front.
(ii) One letter or one logo may be twenty-five percent (25%) taller than
maximum letter/logo height.
(c) One (1) sign per elevation per business
C. TEMPORARY BANNER SIGNS: Banner signs shall be erected as outlined
below. Such signs shall be constructed of cloth or canvas material and must be
anchored in such a way that would prevent the sign from moving freely in the wind.
Businesses that erect signs under the provisions of this section shall not display a
sign that states "Going out of Business" or similar message more than one time. In
addition to the banner sign itself, balloons, streamers, bunting and flags are also
allowed to be erected as a part of the banner permit.
(a) During the initial year of operation, a business shall be permitted to erect one
(1) temporary banner sign a maximum of four (4) times. Such signs shall be
erected a maximum of fourteen (14) days for each permit except for the first
time. The first time only, the sign may be erected for a maximum of forty-
five (45) days. Anew permit, for such a sign, shall not be issued within
thirty (30) days of the date that any temporary banner sign was erected at the
occupancy. The permit application for the sign must include the date the sign
will be erected, the date the sign will be removed and a drawing showing the
location of the sign. The permit fee for a temporary banner sign shall be
twenty dollars ($20.00). The effective area for such signs shall not exceed
forty (40) square feet.
• ORDINANCE NO. 773-95 PAGE 14
(b) A business that has been in operation for a period of one (1) year or more
• shall be permitted to erect one (1) temporary banner sign at an occupancy
three (3) times per calendar year. Such signs shall be erected a maximum of
fifteen (15) days for each permit. Anew permit, for such a sign, shall not be
issued within thirty (30) days of the date that any temporary banner sign was
displayed at the property. The permit fee for a temporary banner sign shall
be twenty-five dollars ($25.00). The effective area for such signs shall not
exceed forty (40) square feet.
(c) A business that wishes to display a going out of business banner may do so
one (1) time during the existence of that business. Such signs shall be erected
a maximum of sixty (60) days and the permit fee shall be twenty-five dollars
($25.00).
D. PERSONAL PROPERTY SALE SIGNS:
(1) Owners and occupants may erect non-illuminated real estate sale signs until the
ownership has been transferred. Such signs shall not exceed eight (8) square feet and
shall be located no closer than fifteen (15) feet from any property line. No more than
one sign shall be located for every two (2) acres in a tract of land or portion thereof.
No permit or permit fee is required.
(2) Owners may erect signs that advertise the sale, lease or rent of the property on which
the sign is located. Once seventy-five percent (75%) of the property has been rented
or leased the sign must be removed. Signs must be spaced a minimum of fifty (50)
feet apart and there shall be not more than four signs per lot. Such signs shall not
exceed thirty-six (36) square feet in effective area. Permits allowing such signs shall
be limited to a period of one (1) year from the date of permit issuance. Signs allowed
under this subsection shall be deemed a privilege of ownership and the right to erect
any such sign shall be with the owner rather than any particular agent. Authorization
by the owner, to an agent to erect such signs, shall be dated and signed by the owner.
Signs erected under the provisions of this paragraph shall be located a minimum of
fifteen (15) feet from all property lines.
E. TEMPORARY CONSTRUCTION SIGNS: Builders and developers may erect one (1)
temporary construction sign. Such signs are intended to identify the contractor, financier,
architects, engineers or to advertise the name and use of the construction project on which
the sign is located. Such signs shall not be erected prior to the issuance of a building or
utility construction permit for the property the sign pertains to. The sign must be removed
prior to the issuance of a certificate of Occupancy or letter of acceptance of the utility
construction work from the city. Such signs shall conform to the following provisions:
• ORDINANCE NO. 773-95 PAGE 15
Maximum size - 100 square feet
. Maximum height - 15 feet
Setbacks - 15 feet from the street right-of--way
F. TEMPORARY PORTABLE SIGNS
Owners and occupants may erect one (1) temporary portable sign one (1) time a year for a
maximum of fifteen (15) days. Such signs shall be located at least fifteen (15) feet from any
right-of--way pavement. Temporary portable signs may be off-premise signs; however, prior
to the issuance of a sign permit, the applicant must submit a notarized statement from the
owner of the property on which the sign is to be located authorizing the placement of the sign
on the property.
A permit fee of $35.00 must be paid for any temporary portable sign. Bonafide non-profit
organizations are required to obtain a permit for such signs; however, no permit fee will be
assessed.
ORDINANCE NO. 773-95 PAGE 16
SECTION 8: PROVISIONS FOR NON-BUSINESS ZONED DISTRICTS
A. The provisions of this section apply to all signs in any non-business zoned district, and also
to signs which are within twenty-five (25) feet of anon-business zoned district boundary.
(1) No sign shall be illuminated in such a manner so as to produce intense glare or direct
illumination across any property line.
(2) Owners of property in anon-business zoned district shall only erect signs listed in
the following sections of this chapter.
B. DETACHED MONUMENT SIGNS
(1) Churches, apartments, town homes, schools or government facilities or buildings
may have detached monument signs subject to the following restrictions:
(a) Number of Signs: Each premise may have no more than one (1) detached
monument sign provided, however, that a premise with more than seven
hundred fifty (750) feet of frontage along a public way, other than an alley,
may have not more than one (1) additional detached monument sign for each
• seven hundred fifty (750) feet of additional frontage. Signs must be a
minimum of seven hundred fifty (750) feet apart measured along the right-of-
way..
(b) Setback and Effective Area: A minimum setback of fifteen (15) feet from
the City right-of--way is required of all detached monument signs. No
detached monument sign shall exceed thirty-six (36) square feet.
C. ATTACHED SIGNS
(1) Churches, apartments, town homes, schools and Government facilities or buildings
may have one (1) attached sign subject to the following restrictions:
(a) Location: All signs and their words shall be mounted to and parallel to the
building surface to which they are attached. No sign or work shall project
more than eighteen (18) inches from the surface to which it is attached. Signs
shall not be mounted on or to the roof surface and support members and shall
not project above roofs. Church steeples and other bonafide architectural
features shall not be considered signs.
• ORDINANCE NO. 773-95 PAGE 17
(b) Effective area: Attached signs may not exceed thirty-six (36) square feet in
• size.
D. TEMPORARY BANNER SIGNS
(1) New multi-family developments shall be allowed to display one (1) banner sign as
provided in this subsection. Such signs shall refer to leasing information only and
shall be removed within three (3) months of the date the certificate of occupancy was
issued. Signs shall not exceed one hundred fifty (150) square feet.
(2) Churches, schools, model homes and government facilities may display one (1)
banner sign as provided in this subsection. Signs shall be displayed no longer than
fifteen (15) days. Such signs shall be displayed a maximum of three (3) times each
calendar year. Anew permit, for such a sign, shall not be issued within thirty (30)
days of the date that any temporary banner sign was displayed at the property. The
permit fee for a temporary banner sign is twenty-five dollars ($25.00). Bonafide
non-profit organizations shall be exempt from paying the permit fee; however, a
permit is required.
E. REAL OR PERSONAL PROPERTY SALE SIGNS
(1) Owners or occupants may erect non-illuminated real or personal property sale signs
• in the required front yard of property until the ownership has been transferred. On
lots where a sidewalk exists within the street right-of--way, signs shall be located
between the sidewalk and the house -but no closer than three (3) feet from the
sidewalk. On lots where no sidewalk exists within the street right-of--way, the sign
shall be located at least fifteen (15) feet from the edge of the street. Lots that abut
streets where sidewalks exist shall locate the signs no closer than fifteen (15) feet to
any street curb line. Lots shall be limited to three (3) such real or personal property
signs. Each sign shall not exceed eight (8) square feet. No permit or permit fee is
required.
(2) New subdivisions which contain four (4) or more lots may display streamers at the
model home. The length of time the streamers may be displayed will be determined
by the building official; however, the maximum time the streamers may be displayed
is six (6) months.
F. TEMPORARY CONSTRUCTION SIGNS
(1) Builders and developers may erect one (1) temporary construction sign on property
zoned R-3 or R-4. Such signs are intended to identify the contractor, financier,
architects, engineers or to advertise the name and use of the construction project on
which the sign is located. Such signs shall not be erected prior to the issuance of a
• ORDINANCE NO. 773-95 PAGE 18
building or utility construction permit for the property the sign pertains to. The sign
• must be removed prior to the issuance of a certificate of Occupancy or letter of
acceptance of the utility construction work from the city.
Such signs must refer to a new structure or to a remodeling project or building
addition with a valuation of seventy-five thousand dollars ($75,000.00) or more and
must conform to the following provisions:
Maximum size - 50 square feet
Maximum height - 10 feet
Setbacks - 15 feet from the street right-of--way
(2) Remodeling projects, building additions or repair projects may erect one eight (8)
square foot sign while the work is being done. The sign must be removed at the
completion of the project.
G. SUBDIVISION SIGNS
Developers and homeowners groups may erect subdivision signs. Subdivision signs must
either be detached monument signs or attached signs placed on a screening or a decorative
wall at the entry to the subdivision. Subdivision signs must be approved by the Building
• Official. The effective area of subdivision signs shall be limited to thirty-six (36) square
feet. The effective area of subdivision signs shall be calculated by drawing the largest
possible rectangle around the entire message of words including artistic designs and logos.
Subdivision signs that are placed in the median are exempt from Section 4 I.
H. GARAGE SALE SIGNS
All garage sale signs must comply with the following requirements:
(1) Signs cannot be attached to or posted on any tree, utility pole or curb.
(2) Signs can not be located within any street right-of--way or on any public property.
(3) Signs can be located on private property provided that permission is granted by the
property owner to locate the sign on the property.
(4) A maximum of five (5) signs may be posted throughout the city for each sale. Signs
shall not be posted earlier than three (3) days prior to the sale and must be removed
within twenty-four (24) hours after the close of the sale.
• ORDINANCE NO. 773-95 PAGE 19
SECTION 9: NON-CONFORMING SIGNS
•
A. PURPOSE OF CHAPTER: It is the declared purpose of this chapter that in time all
privately owned signs shall either conform to the provisions of this ordinance or be removed.
By the passage of this ordinance and its amendments, no presently illegal sign shall be
deemed to have been legalized unless such sign complies with all current standard under the
terms of this ordinance and all other ordinances of the City of Richland Hills. Any sign
which does not conform to all provisions of this ordinance shall be either anon-conforming
sign, or an illegal sign, if it did not exist as a conforming sign under prior ordinances, as the
case may be. It is further the intent and declared purpose of this ordinance that no offense
committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to
the time this ordinance was adopted shall be discharged or affected by such passage, but
prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted,
and causes presently pending may proceed.
B. REMOVAL OF CERTAIN NON-CONFORMING SIGNS
Non-conforming signs which have been 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 shall be removed or brought into compliance with this ordinance if
the cost of repairing the sign is more than 60 percent (60%) of the cost of erecting a new sign
of the same type at the same location.
• ORDINANCE NO. 773-95 PAGE 20
SECTION 10: IMPOUNDMENT OF SIGNS
•
A. IMPOUNDMENT: All of the following signs shall be construed a public nuisance and the
City may, without notice, remove and impound any of the following signs:
(1) any sign erected or existing that constitutes a traffic hazard.
(2) Any sign erected without a permit, either prior to or after the adoption of this
ordinance, if a permit was required.
(3) Any sign erected in violation of the provisions of this ordinance.
(4) Any sign erected in or over a public right-of--way either prior to or after the adoption
of this code.
B. IMPOUNDED SIGNS - RECOVERY/DISPOSAL
(1) Impounded signs may be recovered by the owner within ten (10) days of the date of
impoundment. Signs that are not recovered within ten (10) days of impoundment
will be destroyed. Impoundment fees are as follows:
• (a) A fee often dollars ($10.00) each for signs which are twelve (12) square feet
or less in area.
(b) A fee of thirty dollars ($30.00) each for signs which are larger than twelve
(12) square feet and twenty (20) square feet or less in area.
(c) A fee of fifty dollars ($50.00) each for signs which are larger than twenty
(20) square feet in area.
ORDINANCE NO. 773-95 PAGE 21
SECTION 11: VARIANCES
•
PROCEDURE FOR VARIANCE: The Zoning Board of Adjustment may allow signs to
vary from the size, location or construction requirements of this ordinance.
An administrative fee of one-hundred dollars ($100.00) shall be charged to all applicants
requesting a variance from this ordinance. Non-profit organizations shall be exempt from
the one-hundred dollar ($100.00) administrative fee when requesting a variance.
Any sign constructed or which may be hereafter constructed, pursuant to any variance
heretofore authorized, shall be considered a sign conforming to the provisions of this
ordinance."
•
• ORDINANCE NO. 773-95 PAGE 22
II.
• Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of
this section, or who shall do or attempt to do work covered by such code without first securing the
permit prescribed herein for such work, or who shall in any other manner violate the provisions of
this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an
amount not to exceed five hundred dollars ($500.00) except that the penalty shall be that fixed by
state law where a different penalty has been established by state law for such offense and except that
for any offense which is a violation of any provision governing fire safety, zoning or public health
and sanitation, including the dumping of refuse as that term is defined by section 2.09 of the Texas
Litter Abatement Act, Article 4477-9A, Vernon's Annotated Civil Statutes, as amended, the penalty
shall be a fine not to exceed the sum of two thousand dollars ($2,000.00), and each day or fraction
of a day that an offense hereunder is committed or permitted to exist shall constitute a separate
offense and shall be punishable as such hereunder.
III.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
• phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgement 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 the City Council
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
IV.
Saving Clause. That Chapter 3 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas
• ORDINANCE NO. 773-95 PAGE 23
PRESENTED, GIVEN FIRST READING AND APPROVED at the regular meeting of the
Richland Hills City Council on the 2 8th day of November , 1995, by a vote of 5 ayes,
~ nays, and ~ abstentions.
APPROVED:
C. .Kelley, Mayor
ATTEST:
-Terri- i1lisS City Secretary
APPROVED AS TO FORM AND LEGALITY:
r
Paul F. Wieneskie, City Attorney
• ORDINANCE NO. 773-95 PAGE 24
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