Codification Notes:

Ord. No.	Adopted	Codified	Status
2015-006	Aug 10, 2015	TITLE 8	ACTIVE

ORDINANCE NO. 2015-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS WITH RULES AND REGULATIONS OF THE USE OF COMMERCIAL SIGNS IN THE CITY OF HAWK COVE SUBJECТ ТО СОMPLIANCE WITH CITY ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PENALTY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the governing body of a municipality can regulate and control the use of commercial signs within the City's legal boundaries; and

WHEREAS, the City Council of the City of Hawk Cove, deems it to be in the best interest of the City to regulate and control the use of commercial signs within the City limits.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS THAT:

SECTION 1

The facts and opinions in the preamble of this ordinance are true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.

SECTION 2

A. DEFINITIONS The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.

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

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

Off-Premise Sign 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 premises on which the sign is located.

Person means an individual, association or corporation.

Portable Sign means a sign designed to be mounted on a trailer, bench, wheeled carrier or other non-motorized mobile structure.

Disrepair is defined as a state of physical damage or partial physical damage, substantial fading of print, cracking or peeling of paint, dislocation or loss of letters, or malfunction of lights or mechanical movement to the extent that a shoddy or unappealing appearance is presented.

B. SIZE LIMITATION

It shall be unlawful for any person, firm or association of persons to place or cause to be placed any sign, commercial or otherwise, in excess of seventy-two (72) square feet in area within the city limits or within the city's extraterritorial jurisdiction.

C. FEE FOR PERMITS

On-Premise Sign permit fee of $250.00

Off-Premise Sign permit fee of $150.00

D. MAINTENANCE OF SIGN(S) REQUIRED

It shall be unlawful for any person, firm or association of persons responsible for the maintenance of any sign within the city limits that has fallen into a state of disrepair to allow such to remain in a state of disrepair after being given thirty (30) days notice in writing by the city.

E. SIGN STANDARDS

In no event shall a sign be erected in violation of the provisions contained in this subsection.

(1) Spacing Requirements

(a) An off-premise sign having a face area of 301 square feet or more may not be erected within 1,500 feet of another off-premise sign on the same side of the roadway.

(b) An off-premise sign having a face area of at least 100 square feet but less than 301 square feet may not be erected within 500 feet of another off-premise sign on the same side of the roadway.

(c) An off-premise sign having a face area less than 100 square feet may not be erected within 150 feet of another off-premise sign on the same side of the roadway.

(d) For purposes of this subsection, each double-faced, back-to-back or V-type sign is treated as a single sign.

(e) Signs located at the same intersection are not in violation of this section because of their nearness to one another if they are located so that their messages are directed toward traffic flowing in different directions.

(2) Height Restrictions

An on-premise or off-premise sign may not be erected that exceeds an overall height of 42.5 feet, excluding cutouts extending above the rectangular border, measured from the highest point on the sign to the grade level of the roadway from which the sign is to be viewed. A roof sign having a tight or solid surface may not at any point exceed 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 40 feet above the roof level. The lowest point on a projecting sign must be at least 14 feet above grade.

(3) Face Restrictions

An on premise sign, other than an on-premise wall sign, may not be erected that has a face area exceeding 400 square feet, including cutouts but excluding uprights, trim and apron. An off-premise sign may not be erected that has a face area exceeding 672 square feet, excluding cutouts, uprights, trim and apron. Neither an on-premise nor an off-premise sign may have a cutout with an area larger than 20 percent of the sign's surface copy area.

(4) Determination of Size

For signs of a double-faced, back-to-back, V-type nature, each face is considered a separate sign in computing the face area.

(5) Wind Loads; Location and Anchoring

Each on-premise or off-premise sign erected or sited must be designed to resist wind loads as follows:

WIND LOAD PRESSURES IN POUNDS PER SQUARE FOOT FOR ALL SIGNS

Height in feet above ground, as measured above the average level of the ground adjacent to the structure	Pressure, pounds per square foot
0 - 5	0
6 - 30	20
31 - 50	25
51 - 99	35
100 - 199	45
200 - 299	50
300 - 399	55
400 - 500	60
501 - 800	70
Over 800	77

(6) Permission of Property Owner Required

A person may not place a sign, portable or otherwise, on property of another without first obtaining written permission from the owner or the owner's authorized agent.

(7) Number of On-Premise Signs

A business may not maintain more than two (2) on-premise signs per each frontage on a single city road at a single business location.

(8) Signs on Public Property

No sign shall be erected upon or over public property, right-of-way, or attached to any utility pole in the city unless specifically authorized by the city council.

F. Penalties for Non-Compliance Any non-compliance with this Ordinance, more than 5 days by written notice of the City, shall result in a fine of $50.00 per day.

SECTION 4

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance.

SECTION 5

This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained.

CONCLUSION