Signs Austin | City of Bee Caves Sign Ordinances

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The following are the current sign regulations for the City of Bee Caves; current through Ordinance No. 61 adopted 9/14/10.   The official printed copy of the Code of Ordinances should be consulted before taking any action.

ARTICLE 28.01 GENERAL PROVISIONS*

Sec. 28.01.001     Definitions

For the purpose of this chapter the following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Administrator. Means the city administrator or any member of the city staff appointed by the mayor and designated to administer and enforce this chapter.

Area. See Surface area of a sign.

Argon. See Neon.

Banner. Means a sign made of fabric or any nonrigid material, including but not limited to flags and pennants.

Billboard. Means any sign that is freestanding or attached to or part of a building and is an off-premise sign.

Building Section. Means the flat wall plane of a building on which a sign is attached. The height of the section is the average height of the wall between the horizontal articulation breaks or the average height of the wall if no breaks exist on the wall.

City. Means the City of Bee Cave, Texas.

City Council. Means the governing body of the City of Bee Cave, as defined in Section 22.031, Local Government Code.

Commercial Sign. Means a sign other than a real estate “for sale” or “for lease” sign, political sign, residential nameplate sign, public information sign, traffic-control sign or exempted sign which directs the attention of the general public to a business, product, service, or other commercial or business activity.

Commission or Planning and Zoning Commission. Means the planning and zoning commission of the City.

Compensable Cost. Means those costs for which the owner of a nonconforming sign required to be relocated, reconstructed or removed by this chapter is entitled to be compensated pursuant to Chapter 216, Local Government Code.

Direct Lighting. Means lighting in which the greater part of the light illuminating the sign originates within the sign and where any light is visible through the letters, such as light behind translucent letters.

Electronic Message Board. Means a sign, display, or device, or portion thereof, which (1) changes the advertising message or information on the sign face electronically by the rotation of panels or slats; or (2) electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LEDs), fiber optics, or other similar technology where the message change sequence is accomplished immediately.

Erect. Means to build, construct, alter, reconstruct, pour, lay, move upon, attach, hand [hang], place, suspend or affix. It also includes the painting of wall signs, murals or supergraphics, or any physical operation on the premises which is required for the construction of a sign, including excavation, site clearance, landfill and the like.

Fine Art. Means sculpture, fountain or similar object.

Freestanding Sign. Means any sign which is not attached to or on the walls, face, or exterior of a building.

Grade/Normal Grade. Means the normal grade of the ground at the midpoint of each exterior surface of a sign, or a structure, if the sign is attached to a structure. Normal grade shall be construed to be the lower of (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the sign grade cannot be reasonably determined, the grade shall be the grade of the crown of the nearest point of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

Hanging Sign. See Projecting sign

Height. Means the height of a sign shall be computed from the midpoint of the base of a sign at normal grade to the top of the highest attached component of the sign or its supporting structure.

Horizontal Dimension. Means the horizontal distance between the extreme limits of the sign components including its supporting framework, bracing, or decorative walls and fencing, unless such wall or fencing is clearly incidental to the sign display itself.

Indirect Lighting. Means an evenly distributed light source separated from the surface and illuminating the sign surface by means of shielded spotlights or similar nonvisible fixtures.

Landscaping. Means to change the natural features by adding trees, bushes, flowers, etc.

Lot. Means an undivided tract or parcel of land having access to a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement and designated as a distinct and separate tract or lot.

Manual on Uniform Traffic Control Devices (MUTCD). Means the State Publication for Streets and Highways.

Memorial Signs. Means a sign or tablet which denotes the name of a building and the date of erection when cut into any masonry surface or when constructed of bronze or other metal.

Monument Signs. Means a sign which is mounted on a base at least as wide as the sign and is of limited height. The opening between the base and the sign must be no greater than two inches.

Multi-Use Complex. A group of uses on one or more adjoining properties that request treatment as a multi-use complex or shopping center.

Neon Lighting. Means a sign, trim, or decoration with the illumination provided by a gas-filled electrical discharge lamp in which the gas is made up of a large proportion of neon, argon or krypton.

Nonconforming Sign. Means any sign which would be unlawful or nonconforming hereunder, but for the fact that such sign was lawfully in existence on the date of the passage of this chapter.

Notice. Means actual notice or written notice sent by registered or certified mail.

Office Complex. Means two or more offices and/or office establishments, sharing customer parking area, regardless of whether said offices or office establishments occupy separate structures or are under separate ownership, or on separate tracts or lots of land.

Official Sign. Means any sign erected by or at the direction of any government body.

Off-Premises 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.

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

Owner. Means a person recorded as the owner on official records; the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are established. Holders of long-term leases are considered owners.

Pole Sign. Means any sign mounted on a pole. Real estate signs are not considered pole signs.

Political Sign. Means any sign which (1) is designed to influence the action of voters for the passage or defeat of a measure appearing on the ballot at any national, state or local election, or (2) is designed to influence the voters for the election or defeat of a candidate for nomination or election to any public office, or (3) indicates the name, cause, or affiliation of anyone seeking political office, or denotes a campaign headquarters.

Portable Sign. Means any sign not permanently affixed to a building, structure or the ground and designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. This definition includes, but is not limited to, A-frame signs, sandwich signs, curb signs and signs on trailers with or without wheels or on other vehicles which are primarily used as signs.

Premises. Means a lot or tract within the City, and contiguous lands in the same ownership, which is not divided by any public highway, street or alley, or right-of-way.

Project Development Sign. Means a temporary sign for a commercial or multifamily tract which identifies a project under construction and includes the project’s name and address, general contractor, architect, financier, and contact agent with phone numbers.

Projecting or Hanging Sign. Means any sign attached to a building and extending in whole or in part more than nine inches beyond the building line. Allowable size does not include the supporting structure.

Public Information Sign. Means any sign or banner which is intended to identify community, civic and social events, and is not a commercial sign, official sign, political sign, or real estate sign.

Real Estate “For Sale” or “For Lease” Sign. Means a temporary sign designating that the premises upon which it is erected is for sale, rent, or lease.

Reflective Surface. Means any material or device which has the effect of intensifying reflected light, such as scotch light, day glow, glass beads and/or luminous paint.

Residential Nameplate Sign. Means a sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name or identifying the address of the house. The sign may not contain advertising of any kind.

Residential Plat. Means a drawing of parcels of land containing one or more lots intended for residential development.

Restoration. Means the routine maintenance and painting of existing, approved signs, that does not change the approved design and color in any way.

Shopping Center. Means two or more retail stores and/or service establishments, or one retail store and one service establishment, sharing customer parking area, regardless of whether such stores and/or establishments occupy separate structures or are under separate ownership or on separate lots or tracts of land.

Sign. Means a name, identification, image, light device, figure, painting, drawing, message, plaque, poster, billboard, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, picture, window (attached inside or outside), elevated water storage tanks and pump stations, other structures, or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business.

Sign Grade. Means the grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, if the sign is attached to the structure.

Surface Area of a Sign. (1) Individual Signs: The area of a sign face (which is also the sign area of a wall sign, projecting sign, hanging sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself. (2) Multi-faceted Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical signs are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. Also known as Area or Sign Surface Area.

Temporary New Business Opening Sign. Means any sign, balloon, banner, or any other device which is used to advertise the opening of a new business or the occurrence of an annual special event that may be displayed for a limited duration only.

Temporary Single-Family Residence Construction Sign. Means a sign permitted to identify a residence under construction including the residence address, general contractor, architect or designer. Such sign is also used for a residence being remodeled, landscaped, or adding a pool, etc.

Temporary Site Development Sign. Means a sign permitted to identify a project under construction including the project name, project address, general contractor, and architect. No specific advertisements are allowed on the signs.

Traffic-Control Sign. Means a permitted sign for the purpose of identifying parking areas and directing the flow of traffic on private property.

Translucent Signs. Means signs which are made of material which will allow for any amount of light to be visible through any part of the sign.

Wall Sign. Means a sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a place parallel to the face of the wall and not projecting more than nine inches from the face of the wall at any point.

Window Sign. Means any sign displayed in or attached to the window or door of a business. Signs either hanging from the interior ceiling or on a floor stand at least two feet from the window or door is not considered a window sign.

Window Sign (Temporary). Means any temporary sign advertising sales or seasonal events, and may be approved by the City Administrator or his/her designee.

Yard Art. Means an outside display of art, historical structure or device, cultural articles, or aesthetic improvements to ancillary structures (not the primary structure) located on a commercially zoned property. It may not contain any verbiage relating to the name of the business or purpose of the building or complex, and shall not direct attention or advertise a facility, service, event, attraction, person, institution, organization or business. Examples may include historical artifacts or paraphernalia, windmills, fine art or aesthetic treatments of existing ancillary structures. Prior to the installation of Yard Art, an application shall be submitted on the same form and follow the same procedure as a sign application and shall require the approval of the City Council.

Zone. Means a zoning district as shown on the official zoning map of the City.

(Ordinance 07-09-25-C, ex. C (15.101), adopted 9/25/07)

Sec. 28.01.002     Compliance required

It shall be unlawful for any person to erect, place, maintain, alter or relocate a sign within the corporate limits of the City of Bee Cave or its extraterritorial jurisdiction except in accordance with the provisions of this chapter. (Ordinance 07-09-25-C, ex. C (15.102), adopted 9/25/07)

Sec. 28.01.003     Prohibited signs

Any sign not expressly authorized by this chapter, or specifically exempted from the provisions hereof, is prohibited within the corporate limits of the City of Bee Cave and its extraterritorial jurisdiction. Prohibited signs include but are not limited to:

(1)     Off-premises signs, including billboards;

(2)     Portable signs, except those used for temporary purposes as authorized by this chapter;

(3)     Exposed neon light tubing which serves to direct attention to a place, building, etc. as defined in Section 28.01.001, except for signs in business windows with the words “open” or “closed” which may have a maximum combined surface area of two (2) square feet;

(4)     Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging, or intersecting traffic;

(5)     Except as provided for elsewhere in this chapter, signs encroaching upon or overhanging a public right-of-way. No sign shall be attached to any utility pole, light standard, street, tree, or any other public facility located in the public right-of-way;

(6)     Cloth, canvas, paper, soft plastic, balloons, flags, or similar advertising signs or devices other than in rigid frames as provided herein except those intended as temporary signs;

(7)     Signs that have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance;

(8)     Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, or cruising on public or private roads in the City or its extraterritorial jurisdiction. Through traffic is exempted from this provision. The prohibitions in this subsection do not apply to the identification of a firm or its principal products on a vehicle operating during the normal course of business or being taken home;

(9)     Boxes stored in view of the street, etc. which have product identification that serves as a sign;

(10)     Pole signs (except temporary and real estate);

(11)     Translucent Signs;

(12)     Signs with direct lighting;

(13)     Any Window Sign which does not expressly denote hours of operation, emergency contacts, or denotes whether the business is open or closed. Advertising is prohibited;

(14)     Any sign attached to, placed on, or painted on elevated water storage tanks and pump stations; and,

(15)     Electronic Message Boards.

(Ordinance 07-09-25-C, ex. C (15.103), adopted 9/25/07)

ARTICLE 28.02 ADMINISTRATIVE PROCEDURE

Sec. 28.02.001     Permits, certificates and approvals required

Except as otherwise provided herein, it is unlawful for any person to erect, alter, or relocate within the City or its extraterritorial jurisdiction any sign, as defined herein, without complying with the following requirements:

(1)     Completion of a sign permit application;

(2)     Review and approval of the permit.

(Ordinance 07-09-25-C, ex. C (15.104), adopted 9/25/07)

Sec. 28.02.002     Application and appeals procedure

The procedures to be followed in fulfilling the intent of the sign ordinance are as follows:

(1)     A sign application permit must be obtained from the City.

(2)     The sign application permit must be properly completed and returned to the City staff, along with payment of a sign application fee established by Council.

(3)     The City Administrator or his designated representative shall review the sign application permit and, if the application is properly completed and has determined that the sign meets the general requirements of this chapter, may approve the application, unless the application is for Yard Art or is a request for a variance from the requirements of this chapter.

(4)     The City Administrator will forward to the commission any applications under its jurisdiction to consider the sign application permit at its next regular scheduled meeting; the applicant shall be notified of the time and place of said meeting, and shall be invited and encouraged to attend.

(5)     The commission will approve, reject or approve upon condition, the sign application permit based upon its conformance with the provisions of this chapter and its aesthetic value.

(6)     Upon approval by the commission, the sign application permit will be returned to the City Administrator and the applicant will be duly notified of the commission’s decision.

(7)     Within three working days of the date of the rejection of the sign application permit by the commission, notification will be given in writing to the applicant, mailed to the applicant’s address listed in the application or personally delivered, defining the reason for disapproval and making recommendations to bring the sign into conformance with the provisions of this chapter.

(8)     Appeal from any administrative action or determination by the commission pursuant to the provisions of this chapter must be filed with the City Administrator by any applicant within thirty (30) days following the date of the commission’s rejection, conditional approval or other determination. In the event of an appeal, the City Council, after receiving a report from the commission, may confirm, reverse, or modify the action of the commission. A hearing shall not be required. Failure of the council to act within sixty (60) days of the filing of the appeal shall be deemed a determination by the council concurring with the action of the commission. Such deemed determination shall be effective on the sixty-first (61st) day after the date of the commission’s determination to reject, conditionally approve, or otherwise act on the application.

(Ordinance 07-09-25-C, ex. C (15.105), adopted 9/25/07)

Sec. 28.02.003     Sign permit application–Information required

An application will not be considered complete until all items listed below are submitted. No application will be submitted to the commission until it is considered complete by the staff.

An application for a sign permit shall contain the following information:

(1)     Name, address, telephone number of the applicant and date of application;

(2)     Name, address, telephone number of the business and name and telephone number of the owner/manager;

(3)     Numerical location of building structure upon its lot; block and plat designation; and street address upon which the sign is to be located;

(4)     The specific paragraph of Article 28.05 under which the application is being made;

(5)     Position of the sign on the building or on the ground in both site plan view drawn to scale, and elevation views drawn to scale;

(6)     Eight (8) sets of scaled drawings of the plans and specifications, including size and color of the proposed sign and its various parts, the style of lettering, the message, lighting, type of material of which it is fabricated and the method of attachment to the building or to the ground and indicating associated landscaping;

(7)     A color sketch or color photograph of the sign and building, as well as any contiguous street or building in order to display how they would appear in relation to one another;

(8)     Name of person or persons constructing or erecting the sign;

(9)     Written consent of the owner of the building, structure, or land to which or on which the sign is to be erected;

(10)     Location, dimensions, and description of any existing sign on the property;

(11)     If required by the commission, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressures in any direction in the amount required by this and all other laws of the state or federal government and ordinances of the City;

(12)     Linear feet of building frontage or lease space frontage;

(13)     Square footage of the occupant and the complex, if multi-tenant; and,

(14)     Posted speed limit of roads fronting the building or complex.

(Ordinance 07-09-25-C, ex. C (15.106), adopted 9/25/07)

Sec. 28.02.004     Representations by applicant

All representations, whether oral or written, made by the applicant or his agent on behalf of the application for a sign permit under this chapter become conditions upon which a permit is issued. It shall be unlawful for the permittee to vary from such representations unless the permittee first makes application, as required by the provisions of this chapter, to amend the permit and such amendment is approved in writing by the proper authority. (Ordinance 07-09-25-C, ex. C (15.107), adopted 9/25/07)

Sec. 28.02.005     Permit fees

Before the City staff accepts the sign application, the applicant shall pay the required fee per the City’s Fee Ordinance. A sign permit application and fee must be submitted for each sign request. (Ordinance 07-09-25-C, ex. C (15.108), adopted 9/25/07)

Sec. 28.02.006     Planning and zoning commission

The Commission shall review and may approve, approve with modifications or disapprove the appearance, lighting, form, color, character, dimensions and materials of Yard Art, and is authorized to approve variances in accordance with Section 28.09.001. (Ordinance 07-09-25-C, ex. C (15.109), adopted 9/25/07)

ARTICLE 28.03 REGISTRATION OF EXISTING SIGNS WITHIN THE CITY’S EXTRATERRITORIAL JURISDICTION

Sec. 28.03.001     Registration required

Not later than ninety (90) days after the effective date of this chapter, each owner of a sign located within the extraterritorial jurisdiction of the City shall register the sign with the City administrator; provided, however, that those signs for which no permit would be required under the provisions of this chapter are excepted from the registration requirements set forth in this article. All signs previously registered under prior sign ordinances of the City of Bee Cave are not required to be re-registered. The registration shall be on a form provided by the staff. (Ordinance 07-09-25-C, ex. C (15.110), adopted 9/25/07)

Sec. 28.03.002     Registration–Information required

The owner of a sign required to be registered pursuant to this article shall provide the following information on the registration form:

(1)     Name, address and telephone number of owner;

(2)     Location and street address of building or structure upon which the sign is located or other information necessary to positively identify the location of the sign;

(3)     Specification of the overall height and length of the sign, the material of which the sign is constructed, the position of the sign on the building or on the ground, lighting and pole support, if any;

(4)     Color photograph or sketch graphically depicting the sign and the location at which or building on which it is displayed; and,

(5)     Date on which the sign was erected and cost of construction of sign.

(Ordinance 07-09-25-C, ex. C (15.111), adopted 9/25/07)

Sec. 28.03.003     Sworn statement

Each registration shall include the owner’s statement under oath that the facts set forth and the information contained therein is true and correct. (Ordinance 07-09-25-C, ex. C (15.112), adopted 9/25/07)

Sec. 28.03.004     Expanded extraterritorial jurisdiction

In the event additional territory is hereafter included within the extraterritorial jurisdiction of the City, all signs subject to the registration provisions of this article shall be duly registered within ninety (90) days of the date on which such additional territory comes within the City’s extraterritorial jurisdiction. (Ordinance 07-09-25-C, ex. C (15.113), adopted 9/25/07)

ARTICLE 28.04 DESIGN REVIEW GUIDELINES FOR ALL SIGNS

Sec. 28.04.001     Harmonious with city scale

Sign location, configuration, design, materials and colors should be harmonious with the Comprehensive Plan of the City. (Ordinance 07-09-25-C, ex. C (15.114), adopted 9/25/07)

Sec. 28.04.002     Not dominating

The sign should not visually dominate the structure to which it belongs or call undue attention to itself. (Ordinance 07-09-25-C, ex. C (15.115), adopted 9/25/07)

Sec. 28.04.003     Materials

Sign materials for permanent signs should be predominantly natural such as native stone, granite, wood, bronze or other rustic metals (nonreflective). The use of other materials may be approved at the discretion of the commission when, in their opinion, such materials conform to the intent of this chapter and the Comprehensive Plan. Man-made materials such as plastic are discouraged. (Ordinance 07-09-25-C, ex. C (15.116), adopted 9/25/07)

Sec. 28.04.004     Architectural harmony

The sign and its supporting structure should be in architectural harmony with the surrounding structures. (Ordinance 07-09-25-C, ex. C (15.117), adopted 9/25/07)

Sec. 28.04.005     Colors

Natural colors (earth tones) and muted colors are favored. Color schemes should be compatible with the Comprehensive Plan. If a sign is located on a canopy or awning, then the canopy or awning should be compatible and complement the color scheme of the building or structure to which it is attached, rather than the color of the sign or its logo. Predominate use of bold or bright colors is discouraged, and must be specifically approved as a variance by the Commission. Such approval is solely at the discretion of the Commission. The City may maintain a list of approved colors or palette as a reference for sign contractors. If a registered trademark symbol for the business entity is included on a sign, the trademark may be allowed without alteration to the registered trademark colors. (Ordinance 07-09-25-C, ex. C (15.118), adopted 9/25/07)

Sec. 28.04.006     Landscaping

Landscaping, where required, should be designed to harmonize with the building and surrounding natural landforms and native plants, and be maintained in a neat, clean, and healthy condition. All landscaping will comply with the landscape provisions in the Zoning Ordinance. (Ordinance 07-09-25-C, ex. C (15.119), adopted 9/25/07)

Sec. 28.04.007     Reflective surfaces

Reflective surfaces are not allowed. (Ordinance 07-09-25-C, ex. C (15.120), adopted 9/25/07)

Sec. 28.04.008     Lighting

Unless specifically approved by the Commission, signs shall be opaque and no light shall generate through the sign or its lettering; i.e. translucent signs are prohibited. Lighting should be of no greater wattage than is necessary to make the sign readable at night. Sign illumination may not utilize any EXPOSED light source such as exposed neon or fluorescent tubing nor bare incandescent bulbs. All floodlights shall be shielded. No sign shall be illuminated, in whole or in part, where the illumination is intermittent or varies in color or intensity from time to time, nor shall any sign be so illuminated that it interferes with traffic or with the effectiveness of, or obscures an official traffic sign, device or signal. The use of searchlights is prohibited. All lighting will comply with the provisions in the Zoning Ordinance. (Ordinance 07-09-25-C, ex. C (15.121), adopted 9/25/07)

Sec. 28.04.009     Moving parts

No sign shall contain any moving parts. (Ordinance 07-09-25-C, ex. C (15.122), adopted 9/25/07)

Sec. 28.04.010     Street address signs

Along roadways where the speed limit is 45 mph or greater, the numerical street address, maximum of five (5) numbers, is allowed, and encouraged, on signs and does not count towards the total surface area of the sign. The maximum height and width of the numbers is 12″. (Ordinance 07-09-25-C, ex. C (15.123), adopted 9/25/07)

ARTICLE 28.05 SIGN CATEGORIES

Sec. 28.05.001     Types of signs

(a)     This article concerns some of the types of permanent and temporary signs requiring a sign application permit under the provisions of this chapter. This article further includes the purpose of each sign type, size, height, number, location, design and landscaping requirements, and special provisions for each type of sign. The criteria set forth in this article shall be in addition to all other criteria as applicable and provided in this chapter.

(b)     The following is a listing of sign categories permitted under the provisions of this chapter with their section reference number:

(1)     Residential nameplate signs (Section 28.05.002);

(2)     Traffic-control signs upon private property (Section 28.05.003);

(3)     Monument signs: single-business use (Section 28.05.004);

(4)     Monument commercial signs – multi-use complex or office complex or shopping center (Section 28.05.005);

(5)     Projecting, wall, hanging and external entrance commercial signs – single business use, individual business located within a multi-use complex or office complex or shopping center (Section 28.05.006);

(6)     Window Signs (Section 28.05.007);

(7)     Exterior joint directory commercial signs multi-use complex [or] office complex or shopping center (Section 28.05.008);

(8)     Exterior Multi-Use Complex – Combination Commercial Signs (Section 28.05.009)

(9)     Freestanding real estate signs for properties (Section 28.05.010);

(10)     Political signs (Section 28.05.011);

(11)     Permanent public information sign (Section 28.05.012);

(12)     Temporary public information signs (Section 28.05.013);

(13)     Temporary single-family residence construction signs (Section 28.05.014);

(14)     Temporary Project development signs – commercial or multifamily tract development (Section 28.05.015);

(15)     Permanent multifamily subdivision identification signs (Section 28.05.016).

(Ordinance 07-09-25-C, ex. C (15.124), adopted 9/25/07)

Sec. 28.05.002     Residential nameplate signs

(a)     Purpose: to identify a house, showing the family name and/or the home name and the address;

(b)     Size: Surface area shall not exceed two (2) square feet per single-family structure or one-half (1/2) square foot for each multifamily unit;

(c)     Height: maximum of six (6) feet;

(d)     Number: limited to one sign for each dwelling unit;

(e)     Location: on-premises within the property lines, unless affixed to the properly located mailbox or mailbox structure;

(f)     Design: in accordance with the criteria in Article 28.04 of this chapter;

(g)     Lighting: complies with Section 28.04.008;

(h)     Special provisions shall be as follows:

(1)     Joint directory nameplate signs must be kept current, and

(2)     Individual nameplates of a joint directory must be of a standard design and size.

(i)     If the proposed residential nameplate sign conforms to all the requirements of this section, no permit and no fee shall be required.

(Ordinance 07-09-25-C, ex. C (15.125), adopted 9/25/07)

Sec. 28.05.003     Traffic-control signs upon private property or private roads

Traffic-control signs upon private property shall be regulated as follows:

(1)     Purpose: to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property;

(2)     Size: vehicular traffic-control signs shall have a maximum surface area of two (2) square feet unless otherwise prescribed by law;

(3)     Height: maximum of eight (8) feet;

(4)     Number: subject to approval by the commission;

(5)     Location: subject to approval by the commission;

(6)     Design: subject to approval by the commission;

(7)     Lighting: complies with Section 28.04.008;

(8)     Special provisions shall be as follows:

(A)     May be either freestanding or wall mounted, with same size requirements.

(B)     All traffic-control signs shall be of uniform design approved by the commission. No individual sign shall be approved unless it conforms to an overall sign program for the entire site, submitted by the applicant.

(C)     No sign shall contain any advertising, but may identify the owner by name.

(Ordinance 07-09-25-C, ex. C (15.126), adopted 9/25/07)

Sec. 28.05.004     Monument signs: Single-business use

Monument commercial signs, single-business use, shall be regulated as follows:

(1)     Purpose: to identify a business or organization being the sole business occupant of a lot or tract;

(2)     Size:

(A)     Businesses which occupy less than five thousand (5,000) square feet of building space are allowed a maximum sign surface area of twenty-four (24) square feet, with a horizontal dimension of no greater than twelve (12) feet.

(B)     Businesses that occupy five thousand (5,000) square feet or more of building space are allowed a maximum sign surface area of thirty-six (36) square feet, with a horizontal dimension no greater than twelve (12) feet.

(3)     Height: maximum of eight (8) feet.

(4)     Number: one sign on the major traffic street or way that the building abuts. If a building has two or more public entrances on distinct, separate public streets, then an additional sign on the secondary street may be approved at the discretion of the commission, subject to the size limitations of subsection (2) stated herein.

(5)     Location: on premises of the building and within the setback lines adjacent to the vehicular street which the building abuts, subject to approval of the City;

(6)     Design: the sign shall only contain the name of the business and its address and the nature of the activity, subject to the approval of the commission;

(7)     Lighting: complies with Section 28.04.008;

(8)     Landscaping shall be as follows:

(A)     A minimum landscaped area of twenty-four (24) square feet, but not less than twice the total sign area.

(B)     All landscaped areas shall be maintained in a healthy, neat and clean condition.

(C)     A plan showing the landscaping must be submitted to the commission by the applicant at the time of application.

(D)     Shall comply with the provisions outlined in the Zoning Ordinance.

(Ordinance 07-09-25-C, ex. C (15.127), adopted 9/25/07)

Sec. 28.05.005     Monument signs–Multi-use complex or office complex or shopping center

Monument commercial signs for a multi-use complex or office complexes or shopping centers shall be regulated as follows:

(1)     Purpose: to identify the multi-use complex or office complexes or shopping center and the individual tenants therein;

(2)     Size:

(A)     Horizontal: no greater than sixteen (16) feet in horizontal dimension;

(B)     Height: maximum of twelve (12) feet;

(C)     Area: identification of a multi-use complex or office complex or shopping center shall be limited to thirty-six (36) square feet of sign surface area. In addition, on the same sign, each tenant of the complex shall be permitted one individual sign of not more than six (6) square feet of sign surface area with a total area for tenants’ signs of up to thirty-six (36) square feet. Developer is to allocate space within thirty-six (36) square ft. total when more than six (6) tenants have signs. Complexes with 50,000 square feet or more of building space shall be limited to seventy-two (72) square feet of sign surface area with or without individual tenants displayed on the sign.

(D)     Number: one (1) sign on the major traffic street or way which the building abuts. If a building has two or more public entrances on distinct, separate public streets, proposals for one additional monument sign with a maximum area of thirty-six (36) square feet may be approved at the discretion of the City.

(3)     Location: on premises of the center or complex and adjacent to major traffic way which the building abuts; subject to the approval of the commission.

(4)     Design: the sign shall contain only the name of the multi-Use Complex or office complex or shopping center along with its street address. Each individual tenant sign shall be of uniform shape, design, and color and shall contain only the tenant’s name, logo, and nature of their activity, subject to the approval of the commission.

(5)     Lighting: complies with Section 28.04.008.

(6)     Landscaping:

(A)     A minimum landscaped area of at least seventy-two (72) square feet at the base of the sign, but not less than twice the sign surface area.

(B)     All landscaped areas shall be maintained in a neat and healthy condition throughout the life of the permit.

(C)     A plan showing the landscaping must be submitted to the commission by the applicant at the time of application.

(D)     Shall comply with the provisions outlined in the Zoning Ordinance.

(7)     Size and Number Exception.

(A)     A building or center which has more than fifty thousand one hundred thousand (100,000) [sic] square feet of building area, the following exceptions may be made on size and number:

(i)     Horizontal: No change, i.e. no greater than sixteen (16) feet.

(ii)     Height: Maximum of fifteen (15) feet.

(iii)     Area: Identification of a multi-use complex or office complex or shopping center meeting the requirements listed above shall be limited to sixty-four (64) square feet of sign surface area. In addition, on the same sign, each tenant of the complex shall be permitted one (1) individual sign of not more than ten (10) square feet of sign surface with a total area for tenants’ signs not to exceed eighty (80) square feet. The total surface area may not in any case exceed one hundred forty-four (144) square feet.

(iv)     Number: one (1) sign on the major traffic street or way which the building abuts. If a building has two or more public entrances on distinct, separate public streets, proposals for one additional monument sign with a maximum area of thirty-six (36) square feet is allowed.

(B)     Size and Number Exception: A complex that exceeds five hundred thousand (500,000) square feet may designate two primary entrances and are allowed primary entrance monument signs not to exceed one hundred and forty-four (144) square feet (still subject to the height and width limitations in section 28.05.005(3)(A) & (B) [28.05.005(2)(A) & (B)]). Tenant names are not required to be displayed on any allowed monument sign, but if included, they count toward the maximum allowable sign area. All other entrances from public streets may be marked with monument signs not to exceed sixty-four (64) square feet in area.

(Ordinance 07-09-25-C, ex. C (15.128), adopted 9/25/07)

Sec. 28.05.006     Projecting, wall, hanging and external entrance commercial signs–Single business use, individual business located within a multi-use complex or office complex or shopping center

Building-mounted business signs shall be regulated as follows:

(1)     Purpose: to identify a complex, shopping center, business or organization being the occupant of a lot or tract or a business within a multi-use complex or office complex or shopping center who have their own separate exterior entrances:

(2)     Size:

(A)     A maximum height of thirty (30) inches for each letter, registered trademark, number or symbol, or 12.5% of the average height of the building section on which it is displayed, whichever is greater;

(B)     A maximum width of thirty (30) inches for each letter, number, registered trademark, or symbol, or 10% of the width of the building section on which it is displayed, whichever is greater; however, in no case may the width of the entire sign exceed 67% of the width of the building section on which it is displayed;

(C)     Any business is allowed a maximum sign surface area of twenty-four (24) square feet.

(D)     The maximum allowable sign area is adjusted upward by a combination of building frontage and interior floor area. It is calculated by adding the computed area allowed due to frontage to the computed area allowed for interior floor area; however, in no case may any individual sign surface area exceed 250 square feet.

The area allowed due to frontage is calculated by multiplying the primary building frontage (in feet) where the main entrance is located by the factor 0.50.

The area allowed due to interior floor space is calculated by multiplying its interior floor square footage by 0.002 (2.0 square feet per 1,000 feet of interior).

Example: for a tenant with 50 feet of frontage and a 5,000 square feet floor area:

50 x 0.50 = 25

5,000 x 0.002 = 10

(25 + 10) = 35 square feet sign surface area allowed.

Example: for a tenant with 80 feet of frontage and a 5,000 square feet floor area:

80 x. 0.5 = 40

5000 x 0.002 = 10

(40 + 10) = 50 square feet sign surface area allowed.

Example: for a tenant with 160 feet of frontage and a 30,000 square feet floor area:

160 x 0.5 = 80

30000 x 0.002 = 60

(80 + 60) = 140 square feet sign surface area allowed.

Example: for a tenant with 300 feet of frontage and a 100,000 square feet floor area:

300 x 0.5 = 150

100000 x 0.002 = 200

(150 + 200) = 350 (maximum of 250 square feet sign surface area allowed)

(3)     Height: subject to approval of the City, but not to be located on pitched roofs or above the wall on flat roof structures;

(4)     Number: one sign per pedestrian way on which the building abuts and has a public entrance with a maximum of two signs of equal size, subject to review by the City. Ancillary signs may be approved by the City that will be included toward the total maximum sign area allowed;

(5)     Location: on premises on the building and within the setback lines adjacent to the vehicular street on which the building abuts, subject to the approval of the City;

(6)     Design: the sign shall contain only the name of the business, its address, and the nature of the activity; however, no additional fee shall be required for new signs in a multi-tenant shopping center or office complex where there is an approved a uniform design for every sign in the entire complex and the City Administrator and the sign applicant certify that the proposed new sign meets with the uniform design approved by the City;

(7)     Lighting: complies with Section 28.04.008;

(8)     Special provisions shall be as follows:

(A)     A business or organization in a shopping center or other complex having a projecting or hanging sign is not excluded from participating in a joint directory;

(B)     Businesses or organizations not having exterior public entrances are subject to the provisions of the joint directory signs for multi-tenant building of this chapter, Section 10.131 [28.05.008];

(C)     An individual business with a basement entrance with no calculable frontage may have one sign with a maximum area of six square feet;

(D)     In addition to all other signs permitted by this chapter, each business with an external public entrance may display one sign either on, inside, or near each such entrance to identify the name of the business and the nature of its activity. Such signs will not exceed six (6) square feet of sign area and shall include emergency phone numbers and hours of operation.

(Ordinance 07-09-25-C, ex. C (15.129), adopted 9/25/07)

Sec. 28.05.007     Window signs

(a)     Purpose: A window sign is any sign displayed in or attached directly to the window or door of a business to identify the business or occupant of the building.

(b)     Size and number permitted: In addition to any signage permitted by this chapter, one (1) small-scale, pedestrian-level, adhesive identification graphic is allowed on internally on each window or glass door so long as it is less than six (6) inches in height, located below the midpoint of the window or door, and does not exceed 144 square inches in total area.

(c)     Unless otherwise specifically approved by the commission, permanent window signs may only denote hours of operation, emergency contacts, or whether the business is open or closed. The height of any letter, registered trademark, number or symbol shall not exceed 10% of the average height of the sign on which it is displayed.

(d)     If an allowed sign is displayed in a window or door, it may not exceed four (4) square feet.

(e)     Small ancillary signs (including neon art) are allowed as a decorative or informative feature but must be specifically approved by the commission as a variance.

(f)     No more than one temporary window signs for sales or seasonal events may be approved by the City Administrator or his designee.

(1)     Size: Not more than 10% of the front window space of the business may be contain temporary signs.

(2)     Duration: May be displayed for no more than fourteen consecutive (14) days with one additional fourteen-day extension in any calendar year.

(3)     Colors: Must comply with Section 28.04.005.

(Ordinance 07-09-25-C, ex. C (15.130), adopted 9/25/07)

Sec. 28.05.008     Exterior joint directory commercial signs–Multi-use complex or office complex or shopping center

Joint directory commercial signs for a multi-use complex or office complex or shopping center shall be regulated as follows:

(1)     Purpose: to list all tenants within a multi-tenant building and to guide the pedestrian to the individual tenant within the building;

(2)     Size: two (2) square feet maximum per tenant within the multi-tenant building with an overall maximum of thirty (30) square feet of surface area;

(3)     Height:

(A)     A maximum height of twelve (12) feet;

(B)     A maximum clearance of thirty (30) inches from the bottom of sign to the ground;

(4)     Number: one (1) sign per tenant on the major pedestrian way which the building abuts. If a building has two or more major public entrances on distinct, separate pedestrian ways, proposals for additional joint-business directories may be approved at the discretion of the commission; the proposal shall conform to the other provisions of this section;

(5)     Location: attached to the building at the major pedestrian entrance or if freestanding at a site within the parking area (interior site) where the sign is not visible from a public street and subject to the approval of the commission;

(6)     Design: each tenant sign on the directory must be uniform in color, size and style. If more than one directory is allowed, each shall be of uniform color and style.

(7)     Lighting: complies with Section 28.04.008.

(8)     Landscaping shall be as follows:

(A)     A landscaped area of one (1) square foot for each square foot of each side of the sign and supporting structure shall be required at the base of the sign, with a minimum area to be landscaped of thirty (30) square feet,

(B)     All landscaped areas shall be maintained in a neat, clean and healthy condition,

(C)     A plan showing the landscaping must be presented to the commission by the applicant at the time of application.

(Ordinance 07-09-25-C, ex. C (15.131), adopted 9/25/07)

Sec. 28.05.009     Exterior multi-use complex–Combination commercial signs

(a)     Purpose: To allow flexibility in the sign location and size for large multi-use retail/commercial businesses when the applicant has submitted a proposal for signage that will improve the aesthetic value of the development while giving equal emphasis to safety, economy, and prevention of visual clutter.

(b)     In lieu of submitting an application for a sign permit for the installation of a sign under other sections of this chapter, an applicant may submit an alternative sign permit application in conformance with this subsection subject to approval by city council, which details the number, size, sign area, height, landscaping for all of the monument, projecting, hanging, exterior joint directory signs or other signage to be located on the property and within the project as a whole. This subsection shall only apply to signage located on retail/commercial or office developments located within Planned Development District zoning, that exceed 500,000 square feet of retail, commercial, or office floor area which abuts a public right-of-way with a speed limit of forty-five (45) miles per hour or higher classification of a public thoroughfare.

(c)     Application and Approval Procedure: The procedures to be followed in fulfilling the intent of the sign ordinance are as follows:

(1)     A sign permit application must be obtained from the city.

(2)     The sign permit application must be properly completed and provide all information required under Section 28.02.003 (Sign Permit Application–Information Required), including payment of all permit fees per the City’s Fee Ordinance, and returned to the city staff. The City Administrator may request additional information, if in his judgment the information is necessary in order to fully evaluate the sign permit application.

(3)     The city administrator or his designated representative shall review the sign permit application and, if the application is properly completed, shall refer the application, signed and dated, to the council.

(4)     The council will consider the sign permit application at its next regular scheduled meeting; the applicant shall be notified of the time and place of said meeting, and shall be invited and encouraged to attend. The council may request additional information from the sign permit applicant if in their judgment the information is necessary to fully evaluate the sign permit application.

(5)     The council will approve, reject or approve upon condition, the sign permit application based upon its conformance with the provisions of this chapter and its aesthetic value.

(6)     Upon approval by the council, the sign permit application will be returned to the city administrator who shall issue the sign permit and the applicant will be duly notified of the council’s decision.

(7)     Within three working days of the date of the rejection of the sign permit application by the council, notification will be given in writing to the applicant, mailed to the applicant’s address listed in the application or personally delivered, describing the reason for disapproval.

(d)     Standards: The following standards shall apply, and the Council may impose additional reasonable conditions in order to secure substantially the purposes described in this subsection and generally this chapter regulating signage. The signage shall be in general harmony with the purpose of the sign regulations, and shall not be materially detrimental to the persons residing or working in the vicinity and the adjacent property.

(1)     Size, Height and Number: The size, height, number and surface area of the signs shall be in proportion and in harmony with the project and the buildings on which they are proposed to be located on or in front of, and with the street classification that the sign shall face, considering the distance of the sign location from the street, and based on the speed limit of such street, adjoining land uses, and subject to the approval of the Council.

(2)     Location: on premises or on the building and within the setback lines adjacent to the vehicular street which the building abuts, subject to approval of the Council.

(3)     Design: the sign shall contain only the name of the business, its address, and the nature of the activity, subject to the approval of the Council; and shall comply with Article 28.04 (Design Review Guidelines) of this chapter, except to the extent as may be approved by the Council.

(4)     Lighting: shall comply with Section 28.04.008, except as otherwise approved by the Council.

(5)     Landscape: Shall meet the minimum requirements of landscape required for the particular type of sign proposed as described in this chapter. Additional landscaping may be required in consideration of the type, size and location of signage proposed.

(6)     Safety: Shall meet the minimum safety requirements of Article 28.07 described herein, unless an alternative design fulfills and achieves the intent of Article 28.07.

(Ordinance 07-09-25-C, ex. C (15.132), adopted 9/25/07)

Sec. 28.05.010     Freestanding real estate signs

(a)     Purpose: To identify real estate for sale or lease.

(b)     Size:

(1)     Residential: maximum sign surface area of six (6) square feet, including all riders.

(2)     Nonresidential: a maximum sign surface area of thirty-two (32) square feet.

(c)     Height:

(1)     Residential: a maximum height of four (4) feet

(2)     Nonresidential: a maximum height of ten (10) feet.

(d)     Number: One (1) sign per lot or tract. If the tract fronts on two major roadways, then two signs are allowed.

(e)     Location: On premises within the lot lines as approved by the City administrator.

(f)     Lighting: Prohibited

(g)     Duration: Signs shall be removed within forty-eight (48) hours after the property has been sold or leased.

(h)     Brochure Container: One (1) waterproof brochure container not more than 9″ x 11″ x 3″ with a hinged cover is allowed on each residential for sale or lease sign.

(i)     Open House Sign: Open House signs are allowed within subdivisions for thirty (30) minutes before and thirty (30) minutes after the time the house is open to the public. The signs shall not be larger than four (4) square feet and can only be located on the property being marketed.

(j)     Directional Signs: Two (2) directional signs can be located within the subdivision for thirty (30) minutes prior and thirty (30) minutes after the house is open to the public.

(k)     No permit is required if the sign(s) meet the criteria in this section.

(Ordinance 07-09-25-C, ex. C (15.133), adopted 9/25/07)

Sec. 28.05.011     Political signs

Political signs shall be regulated only in accordance with the requirements of this section as follows:

(1)     Purpose: Any sign which is a temporary sign, and:

(A)     is designed to influence the action of voters for the passage or defeat of a measure appearing on the ballot at any national, state or local election; or

(B)     is designed to influence the voters for the election or defeat of a candidate for nomination or election to any public office; or

(C)     indicates the name, cause or affiliation of anyone seeking political office, or denotes a campaign headquarters;

(2)     Size: A maximum sign surface area of thirty-six (36) square feet for signs that do not require an application or approval by the City;

(3)     Height: A maximum of eight (8) feet;

(4)     Location: Signs must be located within the lot lines. No sign shall be posted or otherwise affixed to or upon any sidewalk, crosswalk, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph wire pole, or wire appurtenance thereof or upon any fixture of the fire alarm or police system or upon any lighting system, public bridge, drinking fountain, or life-saving equipment, street sign or traffic sign or any other structure or land within the rights-of-way of public streets or highways within the City or the City’s extraterritorial jurisdiction. No political sign may be posted on property owned or controlled by the City without the written consent of the City Council.

(5)     Lighting/Moving Parts: Prohibited unless an application is submitted and approved by the City in accordance with this section;

(6)     Landscaping: Not required.

(7)     Special provisions shall be as follows:

Political signs should be constructed of material that would normally withstand weather conditions without deteriorating and be affixed, staked or attached so as to remain in place.

(8)     No application, permit or fee shall be required for signs that are not illuminated, are less than eight (8) feet high, have no moving parts, and that have an effective area of 36 square feet or less. However, a sign application will be required for signs larger than 36 square feet in area, that are intended to be illuminated, that are intended to be higher than eight (8) feet, or that contain moving parts. Such application shall be submitted to the City of Bee Cave on a form provided by the City describing the size, height, location, number of signs, description of the moving parts if any, illumination if any, type of materials to be used for construction of the sign and method of attachment and anchoring. Such application will be granted by the City administrator if sufficient information is provided in the application for the City to determine:

(A)     that the sign is intended to be temporary;

(B)     that placement of the sign will not pose a danger to pedestrian or vehicular traffic; and,

(C)     that the method of construction, the materials used in construction of the sign, the operation of moving parts, and the illumination of the sign will not create a hazard to persons or property. If the sign application is denied, the applicant may appeal the administrator’s decision to the planning and zoning commission which shall consider the appeal at its next regularly scheduled meeting.

(Ordinance 07-09-25-C, ex. C (15.134), adopted 9/25/07)

Sec. 28.05.012     Permanent public information signs

Public information signs shall be regulated as follows:

(1)     Purpose: permanent signs with the intended use of identifying community and civic facilities, events, and no-trespassing areas;

(2)     Size: the size of public information signs shall be a maximum sign surface area of twelve (12) square feet;

(3)     Height: subject to the approval of the commission;

(4)     Number: subject to the approval of the commission;

(5)     Location: subject to the approval of the commission;

(6)     Design: subject to the approval of the commission;

(7)     Lighting: complies with Section 28.04.008;

(8)     Landscaping: not required;

(9)     No permit fee shall be required.

(Ordinance 07-09-25-C, ex. C (15.135), adopted 9/25/07)

Sec. 28.05.013     Temporary public information signs

(a)     Purpose: Temporary signs with the intended use of identifying seasonal, occasional or special community, educational, charitable and civic events, facilities, activities or social events, and of identifying newly opened businesses.

(b)     Type: Subject to the approval of the commission, “signs” allowed under this section may include balloons, flags, or banners.

(c)     Size: Maximum size of twenty-four (24) square feet, but subject to approval of the City administrator. The City administrator may approve temporary public information signs. The maximum length of time allowed for a sign is 15 days. All signs must have the written consent of the lot owner before placement on said lot.

(d)     Lighting: prohibited.

(e)     No permit fee shall be required.

(Ordinance 07-09-25-C, ex. C (15.136), adopted 9/25/07)

Sec. 28.05.014     Temporary single-family residence construction signs

Temporary residence construction signs shall be regulated as follows:

(1)     Purpose: signs with the intended use of identifying or indicating construction projects;

(2)     Size: maximum sign surface area of six (6) square feet;

(3)     Height: a maximum of four (4) feet;

(4)     Number: one (1) sign per lot or tract of land;

(5)     Location: on-premises, street side only;

(6)     Duration: for signs within the corporate limits of the City, not to be erected before a building permit is issued by the City and to be removed when the certificate of occupancy is issued by the City or within seventy-two (72) hours of occupancy; for signs within the extraterritorial jurisdiction, not to be erected before a development permit is issued by the county engineer and to be removed upon the completion of construction;

(7)     Design: the information permitted on temporary residence construction signs is limited to the residence address, general contractor, architect or designer and their logos and telephone numbers;

(8)     Lighting: Prohibited;

(9)     Landscaping: not required;

(10)     No permit shall be required if the sign meets the criteria in the section.

(Ordinance 07-09-25-C, ex. C (15.137), adopted 9/25/07)

Sec. 28.05.015     Temporary project development signs–Commercial or multifamily tract development

Project development signs shall be regulated as follows:

(1)     Purpose: signs with the intended use of identifying construction projects and/or providing a point of contact for lease or purchase information;

(2)     Size and location:

(A)     Signs located on-premises behind the front building setback line shall have a maximum of thirty-two (32) square feet of surface area.

(B)     Signs located on-premises between the front building setback line and the front property line may not exceed fifteen (15) square feet of surface area. In no case may a sign be located within ten (10) feet of the hard surface of a street or within a public utility easement.

(3)     Height: a maximum of ten (10) feet;

(4)     Number: one (1) sign per development tract;

(5)     Duration: not to be erected before a building or development permit is issued by the City or the county engineer and to be removed when the project has been sold or leased out or a period of one year, whichever occurs first, unless the sign permit is extended upon the basis of an application for extension filed with and approved by the zoning and planning commission;

(6)     Design: subject to approval of the commission;

(7)     Lighting: Prohibited;

(8)     Landscaping: not required;

(9)     Special provisions shall be as follows: The information permitted on a project development sign is limited to the project name and address, general contractor, architect or designer and their logos, financier, contact agent, telephone numbers, and artistic renderings of the proposed project.

(Ordinance 07-09-25-C, ex. C (15.138), adopted 9/25/07)

Sec. 28.05.016     Permanent multifamily and subdivision identification signs

Permanent multifamily and subdivision identification signs will be regulated as follows:

(1)     Purpose: signs with the intended use of permanently identifying multifamily and subdivision tracts.

(2)     Size: A maximum surface area of thirty-six (36) square feet, with a horizontal dimension of no greater than twelve (12) feet.

(3)     Height: a maximum of eight (8) feet.

(4)     Number: one (1) sign on the major traffic street or way which the project abuts, subject to approval of the City. If a project has two (2) or more public entrances on distinct, separate public streets, the applicant is allowed a one additional sign on the second distinct, separate public street, not to exceed twenty-four (24) square feet in surface area, and subject to the size and height limitations in subsections (2) and (3) above.

(5)     Location: on premises of the project adjacent to the major traffic way which the development abuts; subject to the approval of the City.

(6)     Design: the sign shall contain only the name of the project or subdivision, and its address, if appropriate;

(7)     Lighting: complies with Section 28.04.008.

(8)     Landscaping shall be as follows:

(A)     For monuments or freestanding signs, the minimum landscaped area shall be at least twice the total area of the sign.

(B)     All landscaped areas shall be maintained in a neat and healthy condition throughout the life of the permit.

(C)     A plan showing the landscaping must be submitted to the commission by the applicant at the time of application.

(D)     Masonry, granite, and maintenance-free concrete are recommended materials for sign construction.

(E)     Shall comply with the provisions outlined in the Zoning Ordinance.

(Ordinance 07-09-25-C, ex. C (15.139), adopted 9/25/07)

ARTICLE 28.06 EXEMPTED SIGNS

Sec. 28.06.001     Generally

(a)     Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other nonreflective metal may not exceed six (6) square feet. Only one sign on the building exterior is allowed;

(b)     Official governmental notices and notices posted by governmental officers in the performance of their duties, governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger;

(c)     Works of fine art, as defined in this chapter, which in no way identify or advertise a product or business. Works of fine art must meet community standards and be approved by the board of aldermen;

(d)     Temporary decorations or displays, when they are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration, and of a non-advertising nature; provided, that such decorations are maintained in an attractive condition, do not constitute a fire or traffic or pedestrian hazard, and are removed within a reasonable time after the event or celebration has occurred;

(e)     Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices;

(f)     Signs displayed on trucks, buses, trailers or other vehicles which are being operated in the normal course of a business, indicating the name of the owner, business and location, (e.g. moving vans, delivery trucks, rental trucks and trailers and the like); provided, that the primary purpose of the vehicles is not for display of signs, and provided that they are parked in areas appropriate to their use as vehicles, are normally used in the course of business and are in operable condition, carry a current and valid license plate and state inspection tag;

(g)     International, National and/or State flags as long as the flag does not exceed fifty (50) square feet in dimension, nor the flagpole exceed more than thirty-five (35) feet in height. All flags must be flown in accordance with the protocol established by Congress for the United States flag. For residences, the flag may not exceed twenty-four (24) square feet nor the flagpole exceed more than twenty-five (25) feet in height. Flags displayed in residential areas may not be illuminated at night.

(Ordinance 07-09-25-C, ex. C (15.140), adopted 9/25/07)

ARTICLE 28.07 SAFETY REQUIREMENTS

Sec. 28.07.001     General requirements

(a)     Wind Pressure: Any sign as defined in this chapter, which will have a height of six (6) feet or more, shall be designed and constructed to withstand wind load pressures in pounds per square foot as set out in the City’s building codes or TXDOT standards, whichever is greater.

(b)     Electrical Requirements: All sign lighting shall utilize ground fault interceptors in the electrical supply circuit.

(c)     Traffic Safety: No sign shall obstruct visibility or otherwise cause a traffic hazard.

(Ordinance 07-09-25-C, ex. C (15.141), adopted 9/25/07)

ARTICLE 28.08 NONCONFORMING SIGNS

Sec. 28.08.001     Defined

Any sign which would be unlawful or nonconforming hereunder, but for the fact that such sign was lawfully in existence on the date of the passage of this chapter or was previously registered under prior sign ordinances of the City of Bee Cave. (Ordinance 07-09-25-C, ex. C (15.142), adopted 9/25/07)

Sec. 28.08.002     Sign Control Board

If the City of Bee Cave requires the relocation, reconstruction, or removal of a sign within its corporate limits or extraterritorial jurisdiction, the mayor shall appoint a Sign Control Board according to the Local Government Code, Chapter 216, Regulation of Signs by Municipalities, Section 216.004 Municipal Board. Decisions of Sign Control Board may be appealed according to Section 216.014, Appeal. (Ordinance 07-09-25-C, ex. C (15.143), adopted 9/25/07)

Sec. 28.08.003     Compensable costs

The Sign Control Board shall determine the amount of compensation to which an owner of a sign that is required to be relocated, reconstructed or removed is entitled. The Sign Control Board shall follow Local Government Code, Chapter 216 Regulation of Signs by Municipalities, Sections 216.005 Determination of Amount of Compensation, 216.006 Compensation for Relocated Sign, 216.007 Compensation for Reconstructed Sign, 26.008 [216.008] Compensation for Removal of Off-Premises Sign, 216.010 Method of Compensation and 216.011 Tax Appraisal of Property with Nonconforming Sign. (Ordinance 07-09-25-C, ex. C (15.144), adopted 9/25/07)

Sec. 28.08.004     Identification and notice with respect to nonconforming signs that are required to be removed

(a)     With respect to those nonconforming signs that the City determines shall be required to be removed, the board shall make a diligent effort to provide written notice to the owner of each such sign, and to the owner of the real property on which the sign is located in the case of off-premise signs, by certified mail, return receipt requested, which notice must: (1) Advise that the sign is a nonconforming sign; (2) Describe the sign by general type and location; (3) Describe the action required with respect to the removal of said sign, and the applicable procedures to be followed to accomplish same pursuant to this chapter and to Loc. Gov’t. Code Chapter 216 et seq. (Vernon 1994), as amended from time to time; (4) Set a hearing before the board for the purpose of determining the amount of compensable costs to be paid by the City to the owner of the sign and, if applicable, the owner of the property on which same is located.

(b)     The board will comply with the provisions of Loc. Gov’t. Code Section 54.005, as amended from time to time, in providing notice to the owner of the real property on which the sign is located.

(c)     If any party entitled to notice cannot be located, the board shall publish notice in a newspaper of general circulation within the City containing the information set forth in subsection (a) hereinabove.

(Ordinance 07-09-25-C, ex. C (15.145), adopted 9/25/07)

Sec. 28.08.005     Exceptions

The foregoing requirements of Article 28.08 do not apply to the following nonconforming signs, and no compensation shall be owing to the owners of such signs, and such signs shall be removed immediately upon the occurrence of the event specified:

(1)     Any sign that was erected in violation of local ordinances, laws or regulations applicable at the time of its erection;

(2)     A sign that, having been permitted to remain in place as a nonconforming use, is required to be removed because the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matter on the sign; for the purpose of this subsection, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more that [than] sixty percent (60%) of the cost of erecting a new sign of the type at the same location.

(Ordinance 07-09-25-C, ex. C (15.146), adopted 9/25/07)

ARTICLE 28.09 VARIANCES

Sec. 28.09.001     Purpose–Limitations

(a)     In order to lessen practical difficulties and prevent unnecessary physical hardships, variances from the regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a structure, or the location of the structure, from topographic or physical limitations, locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with this chapter should not be a reason for granting a variance.

(b)     A variance may be granted with respect to any regulation contained in this chapter in accordance with the procedures set forth herein.

(c)     The Planning and Zoning Commission may approve, approve with conditions variances for materials, lighting, sign coloration and/or size variances that do not exceed the maximum allowable height, width or surface area of the sign (or its individual letters and symbols) by more than 25% of the maximum allowed. The Commission may approve a variance with conditions such as reduced size, color alterations or similar conditions to protect the public health, safety and welfare and ensure compatibility with the harmony and character of the City.

(d)     Variances, except for those authorized for approval by the commission in subsection (c), must be approved by the City Council.

(Ordinance 07-09-25-C, ex. C (15.147), adopted 9/25/07)

Sec. 28.09.002     Application

Application for a variance shall be made upon a form provided by the City staff. The variance application shall include the application for a sign permit and shall state the applicant’s reasons for requesting a variance in accordance with the criteria set forth in this article. (Ordinance 07-09-25-C, ex. C (15.148), adopted 9/25/07)

Sec. 28.09.003     Fee

The City Council shall set a variance fee sufficient to cover the cost of City staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application and shall not be refundable[.](Ordinance 07-09-25-C, ex. C (15.149), adopted 9/25/07)

Sec. 28.09.004     Hearing

Upon receipt of a variance application, the City administrator shall set a date for a hearing before the commission, and shall notify the applicant of the date and time of the hearing. (Ordinance 07-09-25-C, ex. C (15.150), adopted 9/25/07)

Sec. 28.09.005     Action on application

Within twenty (20) days of the closing of a hearing on a variance application, the commission may recommend approval of the application as submitted, or it may recommend approval of the application subject to such modifications or conditions as it deems necessary to accomplish the purpose of this chapter, or it may deny the application. A variance may be revocable or may be granted for a limited time period. The City Council must approve/modify/deny the recommendations made by the commission. (Ordinance 07-09-25-C, ex. C (15.151), adopted 9/25/07)

Sec. 28.09.006     Criteria for approval

Before the commission acts on a variance application, the applicant must prove physical hardship, and the commission must find that:

(1)     There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises; and

(2)     That such special circumstances, listed in (1) above, were not created by the applicant or anyone in privity with the applicant; and

(3)     That the granting of the variance will be in general harmony with the purpose of this chapter, and will not be materially detrimental to the persons residing or working in the vicinity, the adjacent property, to the neighborhood, or to the public welfare in general; and

(4)     The variance applied for does not depart from the provision of this chapter any more than is required to identify the applicant’s business or use; and

(5)     Such other factors and criteria as the commission deems applicable to the proposed variance.

(Ordinance 07-09-25-C, ex. C (15.152), adopted 9/25/07)

ARTICLE 28.10 LIABILITY

Sec. 28.10.001     Not relieved

The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility of any person, firm or corporation erecting or owning any sign from personal injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful acts of such person, firm or corporation, its agents, employees or workmen, in the design, construction, maintenance, repair or removal of any sign erected in accordance with a permit issued under the provisions of this chapter. Nor shall it be construed as imposing upon the City or its officers, employees, or the commission, any responsibility or liability by reason of the approval of any sign, materials, or devices under the provisions of this chapter. (Ordinance 07-09-25-C, ex. C (15.153), adopted 9/25/07)

ARTICLE 28.11 SIGN MAINTENANCE, REPAIR AND REMOVAL: ENFORCEMENT PROCEDURES

Sec. 28.11.001     Violation–Notice

Before enforcement efforts are undertaken by the City or before prosecution for a violation of this chapter, the commission may determine that a sign is erected or maintained in violation of the provisions of this chapter. In that event, the commission will give written notice of the violation either by personal delivery or by certified mail, return receipt requested, to the owner or person entitled to possession of the sign and the owner of the property on which the sign is located, which notice shall:

(1)     State the nature of the violation;

(2)     Direct that the sign be altered or removed, or that the violation otherwise be corrected, to comply with the provisions of this chapter, within ten (10) days of receipt of the notice;

(3)     Advise that a hearing may be requested before the commission to determine whether the sign is or has been erected or maintained in violation of this chapter by filing a written application for such a hearing with the City administrator before the expiration of said ten-day period;

(4)     No provision of this article shall be construed to impose a requirement that any agency of the City must provide notice and an opportunity for a hearing before the commission before the City seeks available penalties for violations of this chapter.

(Ordinance 07-09-25-C, ex. C (15.154), adopted 9/25/07)

Sec. 28.11.002     Hearing before planning and zoning commission

(a)     Within thirty (30) days after the filing of the written application for hearing, the commission shall hold a public hearing to determine whether the sign has been erected, is being maintained, or is located in violation of this chapter. Written notice of the date, time and place of the hearing shall be forwarded to the person requesting the hearing, and, if not the same person, the owner or person entitled to possession of the property or sign not less than seven (7) days before the date of the hearing.

(b)     At the conclusion of the public hearing, the commission shall determine whether the sign has been erected or is being maintained in violation of this chapter. If the commission concludes that a violation has occurred, it shall order that the required corrective action be completed within ten (10) days of the date of the hearing.

(Ordinance 07-09-25-C, ex. C (15.155), adopted 9/25/07)

Sec. 28.11.003     Maintenance required–Enforcement

All signs within the City and its area of extraterritorial jurisdiction shall be properly maintained in good repair and appearance at all times and shall conform to all specifications, conditions, and terms included in a permit issued by the City for the affected sign. The commission, or its representative, shall have the authority to order the painting, repair, or removal of a sign and accompanying landscaping and lighting which constitutes a nuisance, hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. The City shall be entitled to seek injunctive relief to obtain the removal of any sign that constitutes a threat to the health or safety of the City. (Ordinance 07-09-25-C, ex. C (15.156), adopted 9/25/07)

ARTICLE 28.12 ACTS PROHIBITED; PENALTIES

Sec. 28.12.001     Acts prohibited

It shall be unlawful for any person to do any of the following acts:

(1)     To post, paint, or otherwise exhibit any advertisement, poster, bill, or other notice or sign, on any property not owned or controlled by him, without the permission of the person owning or in control of said property.

(2)     To tear down, remove or otherwise interfere with any notice, sign, advertisement, bill or poster erected by another, unless the same was placed or maintained on the property of the person removing the same, without permission previously given.

(3)     To paint, mark, or write on or post or otherwise affix, any handbill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph, wire pole, or wire appurtenance thereof or upon any fixture of the fire alarm or police system or upon any lighting system, public bridge, drinking fountain, lifebuoy, life preserver, lifeboat, or any other life-saving equipment, street sign or traffic sign. Any handbill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the police department or other department or individual so designated by the City. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City manager is authorized to effect the collection of said costs.

(4)     To place or cause to be placed anywhere within the City or its area of extraterritorial jurisdiction, any poster, placard, handbill, or advertising material on any vehicle, or in any location, in such a manner that the same may reasonably be expected to be blown about by the wind. It shall be presumed that the person’s name that appears on said poster, placard, handbill, or advertising material has knowledge of the location and manner that said item was placed. It shall be further presumed that if a large number of said items are found scattered about and being blown about by the wind that the items were placed in such a manner that they might reasonably be expected to be blown about by the wind.

(5)     To erect, maintain, or paint any sign, or other message or outdoor advertising upon a tree, rock, or other natural feature.

(6)     To erect within the corporate limits of the City of Bee Cave or its extraterritorial jurisdiction any sign, or other outdoor advertising, without having prior thereto obtained from the commission a permit therefor, except as specifically exempted by the provisions of this chapter.

(7)     To erect within the corporate limits of the City of Bee Cave or its extraterritorial jurisdiction any sign not expressly authorized by this chapter or expressly exempted from the provisions hereof.

(8)     To maintain any sign required to be registered under the provisions of Article 28.03 of this chapter without having registered said sign or without having kept current the registration of said sign in accordance with the provisions thereof.

(9)     To remove, alter, change, or obscure, without authorization of the commission, any official tag or identification which was placed on any outdoor advertising material.

(10)     To erect or maintain any sign within the corporate limits of the City of Bee Cave or its extraterritorial jurisdiction in violation of or except as authorized by the provisions of this chapter.

(11)     To own legal title to an interest in real property on which property a sign is located in violation of this chapter.

(12)     For a permittee to fail to maintain a permitted sign in good repair and appearance and in conformance with all specifications, conditions, and terms included in a permit for the affected sign.

(Ordinance 07-09-25-C, ex. C (15.157), adopted 9/25/07)

Sec. 28.12.002     Penalty and other remedies for violations

Any person convicted of a violation of any provision of this chapter shall be fined in accordance with the general penalty provision found in Section 1.109 [1.01.009] of this code.

(Ordinance 07-09-25-C, ex. C (15.158), adopted 9/25/07)

 

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