§ 40-84. Sign regulations.

(a)

Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the building official in accordance with the requirements of this chapter and the city's building code.

(b)

Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section.

(1)

One detached owner-identification sign shall be permitted for a multiple-family dwelling development, nonresidential, or institutional building on each abutting street, subject to the following restrictions:

a.

The sign shall not exceed 50 square feet in area;

b.

The sign shall not exceed 15 feet in height;

c.

The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner;

d.

The sign shall be located a minimum of 15 feet from any property line;

e.

The sign shall meet the wind load requirements of the building code.

f.

No sign shall be permitted in a residential district with the exception of real estate signs six square feet or less or temporary signage six square feet or less and not for more than 120 days.

(2)

One attached owner-identification sign for a multiple family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions:

a.

The sign shall not exceed the height of the walls of the building to which it is attached;

b.

The sign shall not be lighted except by reflective floodlight-type illumination;

c.

The sign shall not exceed 40 square feet in area.

(3)

One detached owner-identification sign shall be permitted for a commercial use with a specific use permit subject to the following conditions and restrictions:

a.

The sign is included in the site plan approved in the specific use permit;

b.

The sign shall not exceed 40 square feet in area;

c.

The sign does not exceed 15 feet in height;

d.

The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner;

e.

The sign shall be located a minimum of 15 feet from the property line or at the building setback line, whichever is less.

f.

The sign shall meet the wind load requirements in the building code.

(c)

Owner-identification signs in commercial and industrial districts. Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section.

(1)

One detached owner-identification sign, and one additional detached sign for each thoroughfare more than one that abuts the property, shall be permitted in the C1, neighborhood business district, subject to the following conditions and restrictions:

a.

The sign shall not exceed 50 feet in area;

b.

The sign shall not exceed 20 feet in height;

c.

Reserved;

d.

The sign shall not be located in any required yard;

e.

The sign shall meet the wind load requirements in the building code.

(2)

Owner identification signs shall be permitted for establishments located in C2, I1, and I2 districts; provided that such signs shall not be greater than 50 feet in height. The maximum height is measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line, and provided further that the structural supports for such signs shall be set back not less than ten feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of the ordinance from which this chapter is derived precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement.

(3)

The council may approve a sign which exceeds the maximum area and height where the planning commission has determined that the sign is compatible with abutting development.

(d)

Advertising signs (billboards). Advertising signs are permitted in C2, I1, and I2 districts subject to the following restrictions:

(1)

Area. The dimensions of any advertising sign shall not exceed 800 square feet, excluding cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed 20 percent of the area of the sign, excluding extension and apron trim without copy.

(2)

Height. Advertising signs shall not be greater than 50 feet, as measures from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view.

(3)

Setbacks. An advertising sign shall be set back not less than 25 feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten feet from interior side yard property lines.

(4)

Spacing.

a.

Regulations. Sign spacing shall be as follows: The spacing of all advertising signs along Hwy. 96, FM 327, FM 418, FM 92, and Business Hwy 96 shall be in accordance with the V.T.C.A., Texas Transportation Code, § 391.001 et seq., as amended. As of March 3, 1986, the state regulations required the following spacing: No advertising sign over 20 feet in height or 75 square feet in area may be placed within 300 feet of the property line of any property which is zoned R1, single-family residential, or used as a public school, public park, church, courthouse, city hall, or public museum, with the exception noted in subsection (d)(4)b of this section.

b.

Exception. The council may grant a specific use permit under the procedures required by section 40-81 to allow the erection of an advertising sign in excess of 20 feet in height and 75 square feet in area and which does not comply with the spacing requirement in subsection (d)(4)a of this section.

(5)

Traffic control conflicts. No advertising shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign.

(6)

Illumination. Advertising signs may be illuminated only by indirect lighting subject to the following conditions:

a.

Reserved.

b.

Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision.

(7)

Motion. Advertising signs shall not revolve or rotate. Slow and continuous internal motion and movement of a portion of the sign shall be permitted.

(8)

Roof-mounted sign. Roof-mounted advertising signs are prohibited.

(9)

Structure. Advertising signs shall be constructed in accordance with the building code and electrical code. Signs shall be engineered to withstand a wind load of 30 pounds per square foot.

(10)

Maintenance. Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weeds, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly.

(11)

There shall be no new advertising signs (billboards) permitted within the City limits or within the territorial jurisdiction of the City of Silsbee. Those billboards that were in existence on July 24, 2017, shall be allowed to remain and shall be governed by section 40-84 of the Silsbee Code of Ordinances.

(e)

Exemptions. The following signs are exempted from the permit requirements of this section:

(1)

Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel (display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign) provided no increase occurs with respect to either the area or any such sign or the manner in which it is structurally supported.

(2)

Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business.

(3)

Nameplate and street address signs, less than three square feet in size.

(4)

Nonilluminated real estate signs, temporary in nature, not exceeding more than 12 square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property.

(5)

Construction signs, not to exceed 20 square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises.

(6)

Window signs hung on the inside of the window or painted on the window glass.

(7)

Temporary decorative flags, excluding banners.

(8)

Warning, security, and traffic directional signs, less than eight square feet in area and four feet in height.

(9)

Election signs temporary in nature, 120 days maximum, less than eight square feet in area and six feet in height and not illuminated, when placed within a residentially zoned area. Election signs temporary in nature placed within any other zone. Elections signs must be removed within ten days after the election.

(f)

Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash receptacles, or located within any public right-of-way. Temporary/portable signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way. Signs shall not revolve or rotate. No sign shall resemble an official sign or marker erected by a governmental agency. No sign shall be placed on any property in such a manner to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city manager or his designee shall have the right to order the removal of such signs by the property owner or by city crews, subject to a ten-day right of appeal by the owner to the board of adjustment, prior to removal.

(g)

Continuation and discontinuation of nonconforming signs. All nonconforming permanent signs, legally existing on the effective date of the ordinance from which this chapter is derived, may continue to exist, provided that signs which are 50 percent or more structurally deteriorated shall be either removed or altered so as to comply with this chapter. Signs which are nonconforming because they have flashing lights or intermittent illumination shall be given 30 days from the adoption date of the ordinance from which this chapter is derived to be brought into compliance with this chapter.

(h)

Licensing and bonding requirements. Signs shall not be located, constructed, erected, altered, attached, posted, or painted, except by a licensed and bonded sign contractor or by regular employees of the company for which the sign is located, constructed, erected, altered, attached, posted or painted.

(i)

Maintenance. All signs shall be maintained in good appearance and safe structural condition.

(Ord. No. 04-04, § 18-12, 8-16-2004; Ord. No. 06-05, § 1, 8-22-2006; Ord. No. 07-07, § 1, 9-10-2007; Ord. No. 12-04, 3-19-2012; Ord. No. 17-11, 7-31-2017)

State law reference

Regulation of signs by municipalities, V.T.C.A., Local Government Code ch. 216.