Ordinance No. 3,593PUBLISHED: Baytown Sun
Tues. April 19, 1983
Wed. April 20, 1983
ORDINANCE NO. 3593
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AN ORDINANCE ADOPTING A NEW CHAPTER OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOMAV TO REGULATE SIGNS
AND BILLBOARDS AND THE PERMITTING THEREOF; PRO-
VIDING A SAVINGS CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown finds that
the unregulated construction of signs, billboards, and other
outdoor advertising structures can present structural hazards
which threaten the health and safety of the citizens of the City
of Baytown; and,
WHEREAS, the City Council of the City of Baytown finds that
the unregulated placement of signs, billboards, and other outdoor
advertising structures can present impediments and dangers to
traffic along City thoroughfares and easements; and,
WHEREAS, the City Council of the City of Baytown finds that
the control of placement of signs, billboards, and other outdoor
advertising structures will promote and enhance the efficient and
safe use of public thoroughfares; and,
WHEREAS, the City Council of the City of Baytown finds that
the continued construction of off - premise signs leads to the
dimunition of property values for adjacent properties and thereby
adversely impacts on the taxable value of such affected pro-
perties; and
WHEREAS, the City Council of the City of Baytown finds that
the continued construction of off- premise signs causes increased
risk of distraction and danger to citizens driving and walking on
streets and thoroughfares; and
WHEREAS, the City Council of the City of Baytown finds that
portable or mobile signs present special traffic hazards when
towed on public streets or displayed on public rights -of -way and
present dangers to the health and safety of the citizens of the
City of Baytown because of their propensity to be blown about if
not property anchored; and
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WHEREAS, outdoor advertising signs constitute a public
safety hazard during hurricane periods;
WHEREAS, Texas Revised Civil Statute art. 1175 (24) speci-
fically enumerates as one of the powers possessed by the City of
Baytown the authority to license, regulate, control, or prohibit
the erection of signs or billboards; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUVCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That a new Chapter is hereby added to the Code
of Ordinances of the City of Baytown to read as follows:
CHAPTER 25 1/2
SECTION 1. SCOPE
The provisions of this Chapter shall apply to all signs, as
that term is defined herein, within the city Iimits of the City
of Baytown, Texas.
SECTION 2. DEFINITIONS
The following definitions shall apply to this Chapter:
(a) "Advertising" shall mean to seek to attract or direct
the attention of the public to and including, but not limited to,
goods, merchandise, services, persons, activities, information or
messages.
(b) "Business purposes" shall mean the erection or use of
any property, building, or structure, permanent or temporary, for
the primary purpose of conducting in said building or structure
or on said property a legitimate commercial enterprise in
compliance with all ordinances and regulations of the City of
Baytown governing such activity; business purpose shall not
include any property, building, or structure erected or used for
the primary purpose of securing a permit to erect a sign.
(c) "Curb line" shall mean an imaginary line drawn along
the edge of the pavement on either side of a public street.
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(d) "Federal Primary System" shall mean the "Interstate and
Freeway Primary System" and the "Non- Freeway Primary System ".
(e) "Interstate and Freeway Primary System" shall mean that
portion of the national system of interstate and defense highways
located within Texas which are now or hereafter may be officially
designated the "Interstate System" by the Texas Highway and
Public Transportation Commission and approved pursuant to Title
23, United States Code, Section 131, as amended.
(f) "Non- Freeway Primary System" shall mean that portion of
the connective main highways located within Texas which now or
hereafter may be designated the "Primary System" by the Texas
Highway and Public Transportation Commission and approved
pursuant to Title 23, United States Code, Section 131, as
amended.
(g) "Person" shall mean an individual, company, corpor-
ation, partnership, association, or any other entity.
(h) "Public right -of-way" shall mean any part of a right-
of-way not privately owned or controlled, and which is the res-
ponsibility of the City or other similar public agency to
maintain.
( i ) "Public street" shall mean the entire width between
property lines of any road, street, way, alley, bridge, or other
similar thoroughfare, not privately owned or controlled, when any
part thereof is open to the public for vehicular traffic, is the
responsibility of the City or other similar public agency to
maintain, and over which the City has legislative jurisdiction
under its police power.
(j) "Residential Purposes" shall mean property devoted to
use as a single family or multi - family residence. Residential
purposes shall include, but not be limited to, property used for
houses, duplexes, condominiums, townhouses, townhomes, patio
homes, and apartments; property used for hotels, motels and
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boarding houses shall not be considered as used for residential
purposes. Property devoted to both residential and non -resi-
dential use shall be considered as used for residential purposes.
(k) "Right -of -way" shall mean the property fronting on,
irrmedi ate Iy adjacent to, and on either side of a public street or
a non - public street.
(1) "Sign" shall mean any outdoor display, design, pic-
torial or other representation, which shalt be so constructed,
placed, attached, painted, erected, fastened or manufactured in
any manner whatsoever so that the same shall be used for ad-
vertising. The term "sign" shall include the sign structure.
Every sign shall be classified and conform to the requirements of
each classification as set forth in this Chapter.
(m) "Sign Committee" as used in this chapter, shall mean
the Board of Adjustment and Appeals which is appointed by City
Council pursuant to the building code regulations of the City.
( n ) "Sign structure" shall mean any structure which
supports or is capable of supporting any sign. A sign structure
may be a single pole and may or may not be an integral part of a
building.
(o) "Total front footage" shall mean the total length of
the footage of property fronting on both sides of a public
street.
SECTION 3 - CLASSIFICATION
(a) On- Premise and Off- Premise Signs
For the purpose of this Chapter and the regulations and
provisions thereof, a sign shall be first classified as either an
"on- premise sign" or an "off- premise sign ":
(1) "On- premise sign" shall mean any sign identifying
or advertising the business, person, activity, goods,
products or services primarily sold or offered for sale on
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the premises where the sign is installed and maintained when
such premise is used for business purposes or which convey
information or messages.
(2) "Off- premise sign" shall mean any sign advertising
a business, person, activity, goods, products, or services
not usually located on the premises where the sign is
installed and maintained, or which directs persons to any
location not on the premises.
(b) Types of Signs
A11 signs shall further be classified into one of the
following type signs:
(1) "Ground Sign" shall mean a sign which is supported
by uprights or braces in or upon the ground, including
portable signs as defined herein.
(2) "Marquee sign" shall mean a projecting sign
attached to or hung from a canopy or covered structure
projecting from and supported by a frame or pipe support
extending beyond a building.
(3) "Projecting sign" shall mean any sign which is
affixed to any building wall or structure and extends beyond
the building wall or structure more than 12 inches.
(4) "Roof sign" shall mean any sign erected, construc-
ted or maintained above the roof of any building.
(5) "Wall sign" shall mean any sign affixed to or
painted upon the wall of any building.
(c) Special Function Signs
Any on- premise or off - premise sign of any type may also be
included within one or more of the following additional classi -
fications according to special functions:
(1) "Electrical sign" shall mean any sign containing
electrical wiring or utilizing electric current, but not
including signs illuminated by an exterior light source.
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(2) "Portable sign" shall mean any sign designed or
constructed to be easily moved from one location to another,
including signs mounted upon or designed to be mounted upon
a trailer, bench, wheeled carrier, or other non - motorized
mobile structure; a portable sign which has its wheels
removed shall still be considered a portable sign hereunder.
For the purpose of this ordinance, trailer signs and signs
on benches are "portable signs."
(3) "Spectacular sign" shall mean any sign which has
automatically changing advertising, or which is equipped
with glaring or rotating strobe or spot lights, or which has
any moving message whatsoever.
(4) "Temporary sign" shall mean any sign constructed
of cloth, canvas, light fabric, cardboard, wallboard, or
other light materials, not to exceed six (6) square feet in
size. A portable sign shall not be considered a temporary
sign.
SECTION 4 - SIGN ADMINISTRATOR AND ENFORCEMENT
(a) Siqn Administrator
The Chief Building Inspector shall be the Sign Administrator
charged with administering and enforcing the terms and conditions
of this Chapter and all other provisions of laws relating to
signs. The Sign Administrator is empowered to delegate the
duties and powers granted to and imposed upon him by this Chapter
to other persons serving under the Sign Administrator. The Sign
Administrator and such other persons shall constitute the Sign
Administration Section of the Building Inspection Department. The
Sign Administrator is directed to enforce and carry out all
provisions of this Chapter and shall work under the direction and
supervision of the City Manager.
I.
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(b) Enforcement Responsibility
The duties of the Sign Administrator shall include not only
the issuance of permits as required by this Chapter, but also the
responsibility of insuring that all signs comply with this
Chapter and any other applicable laws, and that al! signs for
which a permit is required, do in fact have a permit. The Sign
Administrator shall make such inspections as may be necessary and
initiate appropriate action to bring about compliance with this
Chapter and other applicable law if such inspection discloses any
instance of noncompliance. The Sign Administrator shall investi-
gate thoroughly any complaints of alleged violations of this
Chapter.
(c) Powers of Si�n�Administrator
The Sign Administrator shall have the power and authority to
administer and enforce the conditions of this Chapter and all
other laws relating to signs. included among such powers are the
following specific powers:
(1) Every sign for which a permit is required shall be
subject to the inspection and approval of the Sign Admini -
strator. When deemed advisable by the Sign Administrator, a
sign may be inspected at the point of manufacture if such
point is within or adjacent to the City of Baytown.
(2) Upon presentation of proper identification to the
owner, agent, or tenant in charge of such property, the Sign
Administrator or his representative may enter, for the
purpose of inspecting and investigating signs or sign
structures, any building, structure, or other premises or
property between the hours of B a.m. and 5 p.m., Mondays
through Fridays; provided however, that in cases of emer-
gency where extreme hazards are known to exist which may
involve imminent injury to persons, loss of l ife or severe
property damage, and where the owner, agent or tenant in
charge of the property are not available after the Sign
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Administrator has made a good faith effort to locate same,
the Sign Administrator may enter the aforementioned struc-
tures and premises at any time upon presentation of proper
identification to any other person on the premises. Whenever
the Sign Administrator or his representative shall enter
upon private property, under any circumstances, for the
purpose of inspecting and /or investigating signs or sign
structures, which property has management in residence, such
management, or the person then in charge, shall be notified
of his presence and shown his proper and official cre-
dentials. The Sign Administrator or his representative, when
on private property, shall observe the establishment's rules
and regulations concerning safety, internal security and
fire protection. Whenever the Sign Administrator is denied
admission to inspect any premises, inspection shall be made
only under authority of a warrant issued by a magistrate
authorizing the inspection for violations of this Chapter.
In applying for such warrant, the Sign Administrator shall
submit to the magistrate his affidavit setting forth his
belief that a violation of this Chapter exists with respect
to the place sought to be inspected and his reasons for such
belief. Such affidavit shall designate the location of such
place and the name of the person believed to be the owner,
operator or occupant thereof. If the magistrate finds that
probable cause exists for a search of the premises in
question he shall issue a warrant authorizing the search,
such warrant describing the premises with sufficient
certainty to identify the same. Any warrant so issued shall
constitute authority for the Sign Administrator to enter
upon and inspect the premises described therein.
( 3 ) Upon notice and issuance of a stop order from the
Sign Administrator, work on any sign that is being conducted
shall be immediately stopped. Such notice and order shall
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be in writing and shall be given to the owner of the
property, or to his agent, or to the person doing the work,
and shall state the conditions under which work may be
resumed. Where an emergency exists, written notice shall
not be required to be given by the Sign Administrator.
Following the issuance of a stop order, the Sign Adminis-
trator shall initiate proceedings to revoke any permit
issued for the work covered by such stop order, consistent
with Section 4(c)(4) of this Chapter, unless the cause of
the stop order is resolved to the Sign Administrator's
satisfaction.
A person commits an offense if he intentionally or
knowingly works upon a sign for which a written stop order
was issued by the Sign Administrator of the City of Baytown.
(4) The Sign Administrator shall have, and is hereby
granted, the power and authority to revoke any and all
permits authorized by this Chapter for violation of the
terms and provisions of this Chapter; provided that, the
Sign Administrator shall conduct a hearing prior to the
revocation of any permit authorized under this Chapter to
determine the facts incident to the pending revocation. The
person whose permit is under consideration shall be given at
least ten (l0) calendar days written notice of the hearing
and shall be permitted to present relevant facts and legal
argument regarding the pending revocation. Following such
hearing, the Sign Administrator shall consider the merits of
the case and shall present a written opinion prior to any
action. Provided further, however, that if in the opinion of
the Sign Administrator, the health, safety, or welfare of
the citizens of the City of Baytown is endangered by any
violation of this Chapter, the Sign Administrator may
immediately revoke any or all permits authorized by this
Chapter and shall conduct the necessary hearing as soon as
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possible thereafter, but in no case later than three (3)
business days after the effective date of the revocation
unless the affected permittee shall request in writing a
later date.
(5) The Sign Administrator shall have the authority to
adopt regulations required to implement the provisions of
this Section.
(6) Pursuant to and in accordance with any agreement
between the City of Baytown and the State of Texas, or the
United States Government, the Sign Administrator is hereby
authorized to enforce any applicable terms and provisions of
the Texas Litter Abatement Act, TEX.REV.CIV.STAT., art.
4477 -9a, "The Agreement for Carrying out National Policy
Relative to Control of Outdoor Advertising ", entered into
between the United States of Anerica and the State of Texas,
by instrument dated May 2, 1972, any supplement or amend-
ments to that agreement, and any rules or regulations
promulgated by the State of Texas and /or the Texas Highway
Department, pursuant to the said act or agreements, with
regard to signs and is also designated to enforce the
provisions of Tex.Rev.Civ.Stat., art. 6701d, Sec. 36.
(d) Violations and Penalties
Any person who shall violate any provision of this Chapter
shall be guilty of a misdemeanor and shall, upon conviction
thereof, be punished by a fine of not less than $50.00 and not
more than $200.00 for each violation. Each day in which any
violation shall occur shall constitute a separate offense. In
addition, the City Attorney is hereby authorized to take all
actions, both legal and equitable, necessary to assure compliance
with this Chapter.
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(e) Appeals
Any person wishing to appeal a decision of the Sign
Adminis-
trator on the grounds that the decision misconstrues or
wrongly
interprets this Chapter may within 30 days after the
decision
appeal the same to the Sign Committee of the City of
Baytown,
provided that the appealing party shall give notice of
appeal in
writing to the City Clerk of the City of Baytown no less
than ten
(10) days following the decision appealed from, and
provided
further, that the appealing party shall comply with
the Sign
Administrator's decision pending appeal unless the Sign
Adminis-
trator shall direct otherwise.
SECTION 5 - SIGN PERMITS AND FEES
(a) Building Permit Required
A person corrmits an offense if he intentionally or
knowingly
erects, constructs, builds, reconstructs, or alters
a sign
without a prior written building permit for such sign
from the
Sign Administrator of the City of Baytown or maintains a sign so
erected, constructed, built, reconstructed, or altered
without
such permit.
(b) Operating Permit Required
A person corrmits an offense if he intentionally or knowingly
operates, uses or maintains a sign without first obtaining a
written operating permit for such sign from the Sign Adminis-
trator of the City of Baytown.
(c) Defenses
It is a defense to prosecution under (a) and (b) above, that
such sign was an on- premise sign which was not a spectacular sign
or portable sign and:
(1) Painted on glass surfaces, windows or doors;
(2) A wall sign not over 100 square feet in area;
(3) Erected by proper governmental authority;
(4) Erected by a railroad company upon railroad
right -of -way;
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(5) Consisted solely of house numbers or legal
notices;
(6) Such sign does not exceed 40 square feet in area
which sets forth information concerning a building or
structure under repair or construction or advertising the
sale or rental of the premises;
(7) Temporarily displayed, provided the number of such
signs on any premises does not exceed two (2) in number, and
provided such signs are displayed on consecutive days and
for only a maximum of seven (7) days in any thirty (30) day
period;
(8) Required by law;
(9) Directing building locations, parking or traffic
flow or indicating parking or building locations;
(10) Displayed upon operable motor vehicles;
(I1} Displayed upon operable lighter or heavier -
than -air aircraft; or
(12) Mounted on the face of a building no higher than
the roof line or forms an integral part of a canopy or
marquee entrance and states only the street name and number,
narne of the proprietor, and name of the premises therein;
provided that, the number of such signs shall not exceed the
number of entrances to such building.
(d) Violations and Penalties
An offense under subsection (a) or (b) above, is a misde-
meanor and any person adjudged guilty, shall be punished by a
fine of not less than $50.00 and not to exceed $200.00. Each day
such sign is erected, constructed, reconstructed, built, altered,
or maintained without a building permit and /or operated, used, or
maintained without an operating permit, shall constitute a
separate offense. In addition, the City Attorney is hereby
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authorized to take all actions, both legal and equitable, civilly
and criminally, necessary to assure compliance with this chapter.
(e) Operating Permit Alication Procedure
(1) The application for a permit shall be submitted in
such form as the Sign Administrator may prescribe and shall
be accompanied by drawings and descriptive data to verify
compliance with the provisions of this Chapter. Permit
applications for new ground signs when erected or construc-
ted to heights exceeding 30 feet above ground level, or for
new roof signs when erected or constructed to heights
exceeding 30 feet above Bound level, or for new roof signs
when erected 30 feet above roof level, shall be accompanied
by a drawing of the sign structure and the sign prepared by
and certified by a professional engineer registered in the
State of Texas; the Sign Administrator at his option may
also require similar certification by a registered profess-
ional engineer where any unusual structural provisions of a
proposed sign indicate such certification is necessary in
the interest of public safety.
(2) Every initial application for an off - premise sign
shall be executed and verified under oath by both the owner
of the premises upon which the sign is to be or has been
constructed, or the authorized lessee of such premises, and
the sign company. The applicant shall state in such appli-
cation that the sign is authorized to be erected or to be
thereafter maintained on the premises, and the application
shall contain the sworn affidavit of the owner or lessee and
the sign company that the sign does not violate any appli-
cable deed restrictions or other similar restriction on the
premises. Subsequent renewal applications for off - premise
signs do not require the affidavit or signature of the
landowner.
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(3) If the location, plans and specifications set
forth in any application for permit conform to all of the
requirements of this Chapter and other applicable provisions
of the Southern Building Code, the Sign Administrator shall
issue the permit.
(f) Operating Permit Effectiveness; Renewal Permit
Each operating permit issued shall be effective for a period
of one (1) year. Not less than thirty (30) days nor more than
sixty (60) days prior to the conclusion of each one year period,
applications may be made for a new permit. Such application shall
be submitted in such form as the Sign Administrator may pres-
cribe, accompanied by payment of applicable fees, and shall be
executed, verified and contain the sworn affidavit described in
Section 5(e)(2) above. If the application for extension of
permit fully meets the requirements of applicable law in effect
at the time of such appiication, the Sign Administrator shall
issue a new permit for a one year period or such other time as
may be required by law. Operating permits shall be obtained from
the Sign Administrator not later than 3 days after final
structural approval.
(g) Existing Sins; Oaerating Permits
( I ) After the date of passage of this ordinance, all
signs then existing must receive operating permits within
180 days after the passage of this ordinance.
(2) In order to receive operating permits, all signs
existing on the date of passage of this ordinance must
conform to the requirements of Section 6 and Section 11 (a)
through (1) when an operating permit is issued; with
reference to the remainder of this Chapter, all signs
existing on the date of passage of this ordinance must
conform to the requirements of this Chapter as follows:
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( i ) Existing portable signs must conform with
the requirements of Section 12 at the time an operating
permit is issued.
(ii) All other existing signs need not conform if
they were legally and properly permitted or legally and
properly exempt from having a permit prior to the date
of passage of this ordinance, provided that, when
constructed, such signs were built in accordance with
the Southern Standard Building Code. If such existing
signs were not legally erected and maintained prior to
the date of passage of this ordinance, they shall
conform to the requirement of this Chapter before an
operating permit may be issued.
(iii) Signs previously erected, or in the process
of being erected in an unincorporated area and there-
after annexed by the City of Baytown shall be consider-
ed as existing sign under this subsection (2);
provided however, that the date of the first publi-
cation of notice for a public hearing (as required by
Section 6 of TEX.REV.CIV.STAT., art. 970x) regarding
the proposed annexation of the area wherein such signs
are located shall for the purposes of this ordinance be
considered the date of passage of this ordinance to
determine the applicability of this ordinance to such
signs. Any sign required by any proper authority to be
licensed or permitted in an unincorporated area and not
so licensed or permitted when said area is annexed by
the City of Baytown shall not be considered to have
been "legally permitted" for the purposes of this sub-
section (2).
( 3 ) When any sign, or a substantial part thereof, is
blown down or otherwise destroyed, or taken down or removed
for any purpose other than maintenance operations or for
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changing the letters, symbols, or other matter on such sign,
it shall not be re- erected, reconstructed, or rebuilt,
except in full conformance with this Chapter.
(h) Subterfuge
Any permit secured before or after the effective date of
this Chapter which in the opinion of the Sign Administrator has
been secured through subterfuge and not in full compliance with
the provisions of this Chapter shall be revoked by the Sign
Administrator; provided that, such revocation shall conform with
the provisions of Section 4(c)(4) regarding notice and hearing.
(i) Identification of Signs
Every sign for which a permit is required shall be plainly
marked with the name and address of the owner, lessee or the
sign company erecting and maintaining the sign and shall have
affixed on the front thereof or on some other location so as to
be conspicuous and easily identifiable from an adjacent public
street, an individually numbered sticker, tag or token provided
by the City.
(j) Permit Effectiveness; Renewal Permit
Any permit for a sign shall become null and void unless
construction of the sign is completed within 1B0 days, or the
permit is renewed for an additional 180 days, in which case an
additional fee shall be payable equal to one -half the original
fee paid and the proposed sign shall meet all of the requirements
of this Chapter on the date of renewal.
(k) Fees
Permit fees shall be paid to the Inspection Department as
follows:
$25.00 plus $ .25 for each square foot or fraction thereof
of the sign face in excess of 100 square feet, if any.
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(1) No Refund of Fees
The applicant for a permit or holder of a permit shall not
be entitled to a refund of any fee paid in case the permit is
revoked.
(m) Deposit or Bond
When any work on a sign or sign structure is to be done
beyond the curb line or on or above public property which may
cause the City of Baytown, Texas, to sustain loss, damage or
injury to public property, or to be put to expense in correcting
conditions resulting therefrom, the Sign Administrator shall
require the person proposing to do such work to furnish a bond in
the amount of $25,000.00, in the form determined by the City
Legal Department, or to post a deposit of a like amount, to
indemnify the City of Baytown against any cost that may be
incurred or any loss, damage, or injury that may be sustained by
the Ci ty of Baytown because of such work, and as a guaranty of
compliance with this and other applicable Iaws and ordinances.
Such required bond or deposit shall be furnished or posted before
any permit is issued to work.
(n) Removal Bond
Each person applying for an operating permit for an off -
premise sign shall furnish a bond in the amount of $25,000.00 in
a form determined by the City Legal Department, or post a
deposit in such amount, as a guaranty of compliance with this
Chapter and other applicable law, including the removal of signs
when required. The City may draw against this bond to recover
its cost of removing a sign as allowed by this chapter.
(o) Electrical Signs
Any electrical sign shall conform fully to the requirements
of the City of Baytown Electrical Code and shall receive a
permit under the provisions of that Chapter.
SECTION 6 - SIGN MAINTENANCE AND REMDVAL
(a) Maintenance
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Al signs shall be kept in good repair and, unless of
galvanized or non - corroding metal or treated with appropriate
wood preservative, shall be thoroughly painted as often as is
necessary consistent with good maintenance. All braces, bolts,
clips, supporting frame and fastenings shall be free from
deterioration, termite infestation, rot, or loosening. All signs
shall be able to withstand safely at all times the wind pressures
specified elsewhere in this Chapter. In case any sign is not so
maintained, the Sign Administrator shall give written notice to
the owner or lessee thereof to so maintain the sign or to remove
the sign.
(b) Unsafe Signs
Should any sign in the opinion of the Sign Administrator
become insecure or in danger of falling or otherwise unsafe the
Sign Administrator shall give written notice of the condition of
the sign to the person owning, leasing, or responsible for the
sign. Said person so notified shall correct the unsafe condition
of the sign in a manner to be approved by the Sign Administrator
in conformity with the provisions of this Chapter.
(c) Unlawful Signs
In case any sign shall be installed, erected, constructed or
maintained in violation of any of the terms of this Chapter, the
Sign Administrator shall give written notice to the owner,
lessee, or person responsible for said sign ordering said owner,
lessee or person to alter the sign so as to comply with this
Chapter, or to remove the sign.
(d) Abandonment of Sign Structures
Any sign structure lawfully erected and maintained which has
no copy, transcript, reproduction, model, likeness, image,
advertisement or written material for a period of 120 Consecutive
days is hereby declared to be a violation of this Section, and as
such shall be restored to use or removed by the owner or per -
mittee within 30 days after notice by the Sign Administrator of
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such violation. If the owner or permittee fails to restore the
sign structure to use or remove the abandoned sign structure
within the specified 30 days, the Sign Administrator shall remove
the abandoned sign structure at the property owner's expense.
(e) Removal of Signs
Any written notice to alter or to remove a sign shall be
given by the Sign Administrator by certified mail or written
notice served personally upon the owner, lessee, or person
responsible for the sign, or the owner's agent. If such order is
not complied with within 10 days, the Sign Administrator shall
initiate proceeds under Section 4(c)(4) herein to revoke the
permit and remove the sign at the expense of the owners, lessee,
or person responsible therefor.
(f) Maintaining Signs After Written Notice
A person com -nits an offense if he intentionally or knowingly
maintains a sign in violation of this Section for which a written
notice was issued by the Sign Administrator of the City of
Baytown citing such violation.
SECTION 7 - STRUCTURAL REGUIREMENTS
(a) Design
(1) General - All signs and sign structures shall be
designed and constructed to resist wind forces as specified
in this section. All bracing systems shall be designed and
constructed to transfer lateral forces to the foundations.
For signs on buildings the dead and lateral loads shall be
transmitted through the structural frame of the building to
the ground in such manner as not to overstress any of the
elements thereof.
The overturning moment produced from lateral forces
shall in no case exceed two - thirds of the dead -load re-
sisting moment for all signs. Uplift due to overturning
shall be adequately resisted by proper anchorage to the
ground or to the structural frame of the building for all
19
30414 -3s
signs. The weight of earth superimposed over footings may
be used in determining the dead -load resisting moment. Such
earth shall be carefully placed and thoroughly compacted.
The allowable stresses in wire ropes and steel guy rods
and their fastenings shall not exceed one - fourth (1/4) of
their rated tensile strength.
(2) Wind Loads - All signs and sign structures shall
be designed to resist wind loads as follows:
WIND LOAD PRESSURES IN POUNDS
PER SGUARE FOOT FOR ALL SIGNS
Height Above
Pressure,
Ground *, Feet
Pounds /ft.
0 - 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
*Measured above the average level
of the ground
adjacent to the structure.
(3) Vertical Design Loads - Vertical design loads,
except roof live loads, shall be assumed to be acting
simultaneously with the wind loads.
(4) Working Stresses - All signs
shall be designed to
conform with the requirements of the
Southern Building Code
regarding allowable working stresses.
The working strength
of chains, cables, guys or steel rods
shall not exceed
one -fifth of the ultimate strength of
such chains, cables,
guys or steel rods.
(b) Construction
(1) General - The supports for all signs or sign
structures shall be placed in or upon private property and
shall be securely built, constructed, and erected in
conformance with the requirements of the Southern Building
20
30414 -3t
Code and this Chapter. Should any inconsistency occur
between this Chapter and the Southern Building Code, this
Chapter controls.
( 2 ) Materials - Materials for construction of all
signs and sign structures shall be of the quality and grade
as specified for buildings in the Southern Building Code and
consistent with the Fire Code.
(3) Nonstructural Trim - Nonstructural trim and
portable display surfaces may be of wood, metal, approved
plastics, or any combination thereof, consistent with the
Fire Code.
(4) Anchorage - Members supporting unbraced signs
shall be so proportioned that the bearing loads imposed on
the soil in either direction, horizontal or vertical, shall
not exceed the safe values stated in Section 7(a)(1) herein.
All ground signs shall be anchored to resist the wind load
specified in Section 7(a)(2) herein acting in any direction.
Anchors and supports shall be designed for safe bearing
loads on the soil and for an effective resistance to pullout
amounting to a force 25 percent greater than the required
resistance to overturning.
(5) Signs attached to masonry - Signs attached to
masonry, concrete, or steel shall be safely and securely
fastened thereto by means of metal anchors, bolts, or
approved expansion screws of sufficient size and anchorage
to support safely the loads applied.
(b) Wooden blocks - No wooden blocks or plugs or
anchors with wood used in connection with screws or nails
shall be considered proper anchorage, except in the case of
signs attached to wood framing. Whenever anchors or
supports consist of wood embedded in the soil, the wood
shall be pressure - treated with a preservative approved by
the Sign Administrator.
21
30414 -3u
(7) Unbraced parapet wall - No anchor or support of
any sign will be connected to, or supported by, an unbraced
parapet wall, unless such wall is designed in accordance
with the requirements for parapet walls specified in the
Southern Building Code.
(8) Display Surfaces - Display surfaces in all types
of signs may be made of metal, wood, glass, or approved
plastics as noted in Section 7(d) unless otherwise pro-
hibited herein or prohibited by the Fire Code.
(9) Glass thickness and area limitations shall be as
follows:
SIZE, THICKNESS AND TYPE
OF GLASS PANELS
IN SIGNS
MAXIMJM SIZE OF EXPOSED
GLASS PANEL
MINIMavI
ANY DIMENSION AREA
THICKNESS
(In Square
OF GLASS
(In Inches) Inches)
(In Inches)
TYPE OF GLASS
30 500
1/8
Plain,Plate or
W
45 700
3/16
Plain,Plate or
W
144 3,600
1/4
Plain,Plate or
W
Over 144 Over 3,600
1/4
Plain,Plate or
W
(c) Electrical Requirements
(1) All electrical fixtures, equipment and appur-
tenances installed in conjunction with a sign shall be
designed and installed in accordance with the City of
Baytown Electrical Code.
(2) With the exception of electrical signs covered by
the provisions of Section 9(c)(3) of this Chapter, all
electrical signs shall be limited to bulbs of 150 watts for
bulbs located in the face of the sign, shall be limited to
lighting circuits of 270 volts, shall contain a sunshade
screen dimmer, and shall not use ref lector ized lights as
part of the face of the sign. For the purpose of this
section, "Ref lector ized Iights" shall mean any lamp con-
structed with reflector - type materials so as to focus,
intensify, flood, or spot such lamp in a certain direction,
22
30414 -3v
including but not limited to, lamps designated by the
manufacturers as flood, spot, reflector or flood, reflector
light, or clear reflector.
(d) Use of Plastic Materials
(1) For the purposes of this subsection (d), the
following definitions shall apply:
( i ) "Display surface" shall mean the entire
surface of a sign, on one side, devoted to exhibiting
or contrasting exhibits of advertising. The display
surface shall generally include the entire sign surface
except for the sign frame and incidental supports
thereto.
(ii) "Sign facing" or "facing" shall mean a
separate and distinguishable portion of the overall
display surface.
(2) Notwithstanding any other provisions of this Code,
plastic materials which burn at a maximum rate of two and
one -half inches per minute, in sheets of 0.060 thickness
when tested in accordance with "Test for flammability of
Rigid Plastics Over 0.050 Inches in Thickness, ASTM D635-
1974", shall be deemed "approved plastics" for the purposes
of this Chapter, and may be used as the display surface
material and for the letters, decorations and facings on
signs; provided that, the structure of the sign in which the
plastic is mounted or installed is non - combustible
(3) Individual plastic facings of electrical signs
shall not exceed 200 square feet in area. If the area of a
display surface exceeds 200 square feet, the area occupied
or covered by approved plastics shall be limited to 200
square feet plus 50 percent of the difference between 200
square feet and the total square footage area of the sign.
(4) The area of plastic on display surface shall not
in any case exceed 550 square feet.
23
30414 -3w
(5) Letters and decorations mounted upon an approved
plastic facing or display surface shall be made of approved
plastics.
(e) Height Limitation
Except as stated herein, no ground sign shall be estab-
lished, constructed or erected which exceeds an over -all height
of 42 -1/2 feet including cutouts extending above the rectangular
border, measured from the highest point on the sign to the grade
level of the ground surface in which the sign supports are
placed. Signs located immediately adjacent to an overpass or
elevated roadway may be constructed in excess of the 42 1/2 foot
limitation, but the highest point of the sign may not be greater
than 25 feet above the road level of such overpass or elevated
roadway, such measurement to be made from the closest point of
the roadway to such sign. A roof sign having a tight or solid
surface shall not at any point exceed 24 feet above the roof
level. Projecting signs shall be a minimum of 14 feet in height
above grade. These height limitations shall not apply to on-
premise signs lawfully permitted or lawfully erected prior to the
date of passage of this ordinance.
(f) Size Limitation
Except as stated herein, no on- premise sign other than an
on- premise wall sign shall be established, constructed or erected
which has a face area exceeding 300 square feet, including
cutouts, but excluding uprights, or which has face dimensions
that exceed 15 feet in height or 30 feet in width. No off -
premise sign shall be established, constructed or erected which
has a face area exceeding 672 square feet, including cutouts, but
excluding uprights. No doublefaced off - premise sign shall be
established, constructed, or erected unless each face is 75
square feet or less and the faces are abutting on one edge.
Temporary space extensions may be added to off - premise signs for
24
30414 -3x
a period not to exceed 90 days. These size limitations shall not
apply to signs lawfully permitted or lawfully erected prior to
the date of passage of this ordinance.
(g) Method of Determining the Area of the Sian.
In determining the area of any sign, the dimensions of the
rectangle enclosing the signboard, excluding the supporting
structure, shall be used. If the sign includes cutouts or
facings extending beyond the dimensions of the rectangular
signboard, the measurement of sign area shall include the actual
area of the cutout or extended facing. For signs of a double
faced, back -to -back, or V - type nature, each face shall be
considered as separate signs in computing the face area.
(h) Clearances
( I ) Clearances from High Voltage Power Lines - Signs
shall be located a minimum distance of eight feet measured
horizontally and 12 feet measured vertically from overhead
electric conductors which are energized in excess of 750
volts. The term "overhead conductors" as used in this
subsection (h) means any electrical conductor, either bare
or insulated, installed above the ground.
(2) No portion of a sign or sign structure shall
project into any public alley unless said portion is a
minimum of 14 feet in height above grade.
M Fire Prevention Requirements
(1) For the purposes of this Section, the following
definitions shall apply:
M "Non- combustible material" shall mean
material
no less
flarrmable than steel,
iron, or other
similar
metal,
or as the term shall
be otherwise
defined by
the Fire
or Building Codes
of the City of
Baytown,
or by
the Sign Administrator;
non - combustible
materials
shall
include "incombustible"
material.
25
30414 -3y
(ii) "Combustible material" shall mean material
more flammable than metal, but no more flammable than
wood or approved plastic, as that term is defined in
subsection 7(d)(2) herein; no material more flammable
than wood or approved plastic shall be used in any
sign.
(2) When signs are required herein to be constructed
of non - combustible material, all parts of such signs,
including the sign structure, shall be of non- combustible
material, except that the following parts made out of
combustible material shall be permitted:
( i ) Small ornamental moldings, battens, tappings
and nailing strips;
(ii) Individual letters, symbols, figures and
insignia supported by or within a non - combustible frame
or a permitted combustible facing as permitted by this
Section;
(iii) Portions of each face of a sign, up to but
not exceeding one hundred (100) square feet of facing,
as long as the total area of facing for such sign does
not exceed two hundred (200) square feet;
(iv) Wood posts and braces for signs whose
surface is no more than ten (10) feet six (6) inches in
height when such signs are determined to be non-
hazardous by the Sign Administrator based on health and
safety considerations, including, but not limited to,
their location, their proximity to other flammable
materials, their proximity to occupied structures, and
their proximity to necessary fire fighting equipment.
(3) Subject to the specific exceptions stated in this
Section or as otherwise stated in this Chapter, all roof
signs, projecting signs, and marquee signs shall be con-
structed of non - combustible materials.
0
30414 -3z
(j) Ground Signs
(l) Lighting reflectors on ground signs may project
beyond the face of the sign.
(2) Every ground sign shall provide rigid construction
to withstand wind action in all directions.
(3) Any person, including owner, lessee, or other
person, using any vacant lot or premises for the location of
a ground sign shall keep such premises clean, sanitary,
inoffensive, and free and clear of all obnoxious substances,
unsightly conditions, and remnants of replaced sign faces on
the ground in the vicinity of such ground signs.
(k) Wall Signs
(1) Wall signs attached to exterior walls of solid
masonry, concrete or stone, shall be safely and securely
attached to the same by means of metal anchors, bolts or
expansion screws of not less than three- eighths inch in
diameter and shall be embedded at least five inches. Wood
blocks shall not be used for anchorage, except in the case
of wall signs attached to buildings with walls of wood. A
wall sign shall not be supported by anchorages secured to an
unbraced parapet wall.
(2) The surface face of all sign bulletins must be of
sheet metal.
(1) Roof Signs
(1) All roof signs shall be so constructed as to leave
a clear space of not less than six feet between the roof
level and the lowest part of the sign and shall have at
least five feet clearance between the vertical supports
thereof; provided, however, no portion of any roof sign
structure shall project beyond an exterior wall.
(2) Every roof sign shall be constructed entirely of
steel, including the upright supports and braces.
27
30414 -3aa
(3) The bearing plates of all roof signs shall
distribute the load directly to or upon masonry walls, steel
roof girders, columns or beams. The building shall be
designed to avoid overstress of these members.
(4) All roof signs shall be thoroughly secured to the
building upon which they are installed, erected or con-
structed by iron, metal anchors, bolts, supports, chains,
stranded cables, steel rods or braces and they shall be
maintained in good condition as set forth in Section 6(a).
(m) Projecting Sins
(1) All projecting signs shall be constructed entirely
of metal or other non - combustible material and securely
attached to a building or structure by metal supports such
as bolts, anchors, supports, chains, guys or steel rods.
Staples or nails shall not be used to secure any projecting
sign to any building or structure.
(2) The dead load of projecting signs, not parallel to
the building or structure, and the load due to wind pressure
shall be supported with chains, guys, or steel rods having a
net cross - sectional dimension of not less than three- eights
inch in diameter. Such supports shall be erected or
maintained at an angle of at least 45 degrees with the
horizontal to resist the dead load and at an angle of 45
degrees or more with the face of the sign to resist the
specified wind pressure. if such projecting sign exceeds 30
square feet in one facial area, there shall be provided at
least two such supports on each side of the sign not more
than eight feet apart to resist the wind pressure.
( 3 ) A11 supports shall be secured by an expansion
shield to a bolt or expansion screw of such size that will
develop the strength of the supporting chain, guys or steel
28
30414 -3bb
rods, with a minimum five - eights inch bolt or lag screw.
Turn buckles shall be placed in all chains, guys or steel
rods supporting projecting signs.
(4) Chains, cables, guys or steel rods used to support
the live or dead load of projecting signs may be fastened to
solid masonry walls with expansion bolts or by machine
screws in or on supports, but such supports shall not be
attached to an unbraced parapet wall. Where the supports
must be fastened to walls made of wood, the supporting
anchor bolts must go through the wall and be plated and
fastened on the wall in a secure manner.
(5) A projecting sign shall not be erected on the wall
of any building so as to project above the roof or cornice
wall or above the roof level where there is no cornice
wall.
(6) A projecting sign shall have a clearance of 14
feet above public right -of -way and may not extend more than
ten feet from the building wall or structure nor within two
feet of a curbline.
(7) In the event a curb line is altered, such projec-
ting sign which fails to meet the requirements above, shall
be altered or removed at the owners expense.
(n) Marquee Signs
Marquee signs shall be constructed entirely of metal or
non - combustible material and may be attached to or hung from a
marquee. The lowest point of a sign hung from a marquee shall be
at least 10 feet above the sidewalk or ground level, and further,
such signs shall not extend or project beyond the corners of the
marquee. Marquee signs may be attached to the sides and front of
a marquee, and a sign may extend the entire length and width of
said marquee, provided that no sign shall extend more than 6 feet
above nor one foot below such marquee, nor have a vertical
dimension greater than 8 feet.
R'
30414 -3cc
(o) Signs _of V- Type —or Back -to -Back Construction
(1} The angle between the faces of V -type signs shall
be no greater than 45 degrees measured back to back and if
the area of each face is 300 square feet or less, the
maximum distance at the nearest point between the two backs,
as measured at the apex, shall not exceed one and one -half
feet; if the area of either face exceeds 300 square feet,
then the maximum distance between the two backs, as measured
at the apex shall not exceed three and one -half feet.
(2) Back -to -back signs must be on corr on supports and
if the area of each is 300 square feet or less, then the
nearest point between the two backs sha11 not exceed five
feet plus the diameter of the intervening upright or
support.
SECTION S. DESIGNATION OF SCENIC OR HISTORICAL RIGHT -OF -WAY
OR DISTRICTS
This Section shall govern the designation of scenic or
historical rights -of -way or districts within the city limits of
the City of Baytown.
The provisions of this Section shall not apply to signs
lawfully erected and lawfully existing on the date of final
passage of this ordinance which are on the Federal Primary System
and subject to regulation under the provisions of the Texas
Litter Abatement Act, TEX.REV.CIV.STAT., art. 4477 -9a,
including all amendments (the Texas Act), or are subject to
regulation under the Federal Highway Beautification Act, 23
U.S.C.A. Section 131 et. seq., including all amendments (the
Federal Act).
30
30414 -3dd
(a) Petition
Citizens of the City of Baytown may petition the City
Council of the City of Baytown to designate any area or any
public right -of -way within the City of Baytown as a scenic or
historical right -of -way or district. Any such petition must meet
the following requirements to be considered by the City Council:
(1) Contain the signatures of property owners whose
property fronts on either side of the right -of -way proposed
for designation or who owns property in the area proposed
for designation as a district and who represent fifty -one
percent (51 %) of the total front footage along the right-
of-way or fifty -one percent (51 %) of the total area; and
(2) Contain the signatures of at least 1,000 citizens
of the City of Baytown each of whom was above the age of
eighteen (18) years old when signing the petition; and
(3) Indicate that the signatures thereon were collect-
ed within a sixty (60) calendar day period; and
(4) Indicate that the signatories thereon desire the
area of right -of -way to be designated a scenic or historical
right -of -way or district.
(b) Hearing Date
Any such petition must be submitted to City Council within
ninety (90) calendar days of the date of the first signature
thereon. Following the filing o,f any such petition with the City
Clerk, the City Council shall, within forty -five (45) days of the
date of filing, conduct a public hearing to consider the merits
of the petition.
(c) Notices of Hearing
The City Clerk shall give notice as to the filing of any
such petition and the date, time and place of the City Council
hearing by posting same, at least fourteen (14) days in advance
of such hearing, at a place convenient to the public in the City
31
30414 -3ee
Hall. Any interested person shall have the opportunity to
participate in any hearing conducted under the provisions of this
Section and to present any relevant evidence and testimony.
(d) Decision of City Council
As a result of such hearing, the City Council shall deter-
mine the following:
(1) Whether or not the petition complies with the
requirements of this Section; and
(2) Whether or not the proposed right -of -way area has
scenic or historical significance; and
( 3 ) Whether or not the proposed right -of -way or area
has scenic or historical significance sufficient to justify
preservation; and
(4) Whether or not designation of the proposed
right -of -way area would best serve the health, safety,
welfare, and public convenience and necessity for the
citizens of the City of Baytown.
(e) Approval by CitX Council
Should a majority of the City Council decide that the
proposed right -of -way or area meets all the criteria stated
herein, the Council shall designate the proposed area or right-
of-way as a scenic or historical right -of -way or district. Any
such designation shall not affect existing signs; such signs may
remain as long as they are permitted and comply with the other
provisions of this chapter, including Section S(g) 3. No new
off- premise signs and only on- premise signs conforming with
Section 9(c) shall be permitted in an area or on a right -of -way
after designation hereunder as a scenic or historical right-
of-way or district.
(f) Disapproval by City Council
Should a majority of the City Council decide that the
proposed right -of -way or area does not meet the criteria stated
in subsection (d) herein, the proposed area or right -of -way shall
32
30414 -3ff
not be designated as a scenic or historical right -of -way. No
subsequent petition seeking designation of an portion of a
right -of -way or area under this Section under a prior petition
shall be considered by City Council until one (1) year has
elapsed from the date of the filing of the prior petition.
(g) City Council may Designate
This Section shall not be construed to limit the authority
of City Council consistent with the provisions of this section to
designate other areas as scenic or historical rights -of -way or
districts without a public petition.
SECTION 9 ON- PREMISE SIGN PROVISIONS
The provisions of this Section shall apply only to on-
premise signs, as that term is defined in Section 3(a)(1) of this
Chapter, within the City limits of the City of Baytown, Texas.
(a) Definitions
The following definitions shall apply to the terms and
provisions used in this Section:
(1) "Predominately residential right -of -way" shall
mean a publ is right -of -way between two intersecting publ is
streets in which a majority of the total front footage is
used for residential purposes.
(2) "General right -of -way" shall mean a right -of -way
which is not classified as a predominantly residential
right -of -way or scenic or historical right -of -way or
district and which is owned, leased, or otherwise legally
controlled by the person placing a sign thereon.
(b) Signs Adjacent to General_Rights -of -way
Signs adjacent to general rights -of -way shall be subject to
the following limitations:
(1) No business shall have more than a total of five
(5) on- premise signs; provided however, that each business
may select any combination of the signs described in this
subsection to reach that total:
33
30414 -3gg
( i ) Each business shall place no more than two
(2) on- premise ground signs.
(ii) Each business shall place no more than three
(3) on- premise wall signs, which shall not occupy more
than fifty percent (50 %) of the total wall surface.
(iii) Each business shall place no more than
three ( 3 ) on- premise roof signs, designed to be archi-
tecturally compatible with the building.
(iv) Each business shall place no more than three
(3) on- premise projecting signs, which shall not extend
above the uppermost portion of the building to which it
is attached except as provided in Section 7(m)(5)
herein.
(v) Each business shall place no more than three
(3) on- premise marquee signs.
(2) With the exception of on- premise signs lawfully
permitted and erected prior to the passage of this ordi-
nance, all on- premise signs and sign structures shall be
contained wholly within the premises upon which they are
located and shall not extend onto the public right -of -way;
provided that, on- premise projecting signs may extend up to
10 feet outward from the building to which they are attached
as long as such extension is no closer than 2 feet behind
the curb line, and shall have a clearance of 14 feet above
the public right -of -way.
(3) Spectacular signs shall be prohibited.
(c) Residential Rights -of -way; Scenic and Historical
Rights -of -way and Districts.
All on- premise signs on residential rights -of -way and scenic
and historical rights -of -way and districts shall conform in all
respects to the requirements set forth in Section 9 ( b ) for
general rights -of -way, and shall be subject to the following
additional restrictions:
34
30414 -3hh
(1) Ground signs shall not exceed 12 feet in height or
75 square feet in size.
(2) Spectacular signs shall be prohibited.
(3) Electrical signs shall be limited to not more than
10 bulbs of 100 watts or less, shall be limited to 120 volts
in the lighting circuit, and may be illuminated only
indirectly.
(d) Business Pur ose Required
An on- premise sign must be erected in connection with a
business purpose or for information or message purposes as
defined in this Chapter; any sign not connected with a business
purpose or that is not an information or message sign shall be
considered an off - premise sign.
SECTION 10 OFF- PREMISE SIGN PROVISIONS
The provisions of this Section shall apply only to off -
premise signs, as that term is defined in Section 2 of this
Chapter, within the city limits of the City of Baytown, Texas.
(a) Definitions
The following definitions shall apply to this Section:
(1) "Commercial or industrial activity" shall mean
property that is devoted to use for commercial or industrial
purposes, and not for residential purposes. "Commercial or
industrial activity" shall not include the following:
(i) Signs;
(ii) Agricultural, forestry, ranching, grazing,
farming, and related activities including but not
limited to temporary wayside fresh produce stands;
(iii) Activities not housed in a permanent
building or structure;
(iv) Activities not visible from the traffic
lanes of the main - traveled way;
(v) Railroad right -of -way.
Us1
30414 —iii
(2) "Primarily residential area" shall mean the
right -of -way (and adjoining property area) between two
public streets intersecting such right of way in which a
majority of the total front footage is used for residential
purposes.
(b) Regulation of New Off- Premise Signs
Effective the date of the passage of this Ordinance, no new
construction permits shall be issued for off - premise signs within
the city limits of the City of Baytown unless such signs meet
with the following requirements:
(1) All off - premise signs shall be located within 800
feet of a commercial or industrial activity.
(2) No off - premise sign shall be located in a pri-
marily residential area.
(3) No off - premise sign shall be erected, constructed,
or established such that the face of the structure may be
viewed from a scenic or historical right -of -way district.
(4) All off - premise signs other than those located on
the Interstate and Freeway Primary System shall be subject
to the following spacing requirements from other off - premise
signs on the same side of the public right -of -way.
(i) No off - premise sign having a face area in
excess of 300 square feet shall be located within 400
feet of another off- premise sign.
(ii) No off - premise sign having a face area of
from 100 to 300 square feet shall be located within 200
feet of another off- premise sign.
(iii) No off- premise sign having a face area up to
100 feet shall be located within 100 feet of another
off - premise sign.
36
30414 -3jj
SPACING OF OFF- PREMISE SIGNS
Face Area of 5i n Distance to Other Signs in Feet
Area Area Area
Less Than
300 -900 100 -300 100
In excess of 300 sq.ft.. ..400 400 400
100 -300 sq.ft ...............400 200 200
Less than 100 sq.ft... ....400 200 100
All signs on Interstate
and Freeway Primary System..500 500 500
(5) The spacing provisions stated in this Section
relating to the location of off - premise signs shall not
apply to signs lawfully erected and lawfully existing on the
date of final passage of this ordinance which are on the
Federal Primary System and subject to regulation under the
provisions of the Texas Litter Abatement Act, TEX.REV.-
CIV.STAT. 4477 -9a, or are subject to regulation under the
Federal Highway Beautification Act, 23 U.S.C.A. Section 131
et. seq. including all amendments (the Federal Act).
Location and spacing of signs subject to the Texas Act or
the Federal Act shall be regulated by the City only to the
extent required by and in accordance with the directives of
the appropriate State or Federal agencies regulating such
signs. Signs governed by the Texas Act or the Federal Act
with respect to location and spacing shall be subject to the
remaining provisions of this Chapter unless specifically
excluded therefrom by the Texas Act or the Federal Act or by
the rules and regulations of the State and Federal agencies
implementing such Acts.
(b) Each double - faced, back -to -back, or V -type sign
shall be considered as single off- premise sign for spacing
purposes. The largest face on a double- faced, back -to -back,
or V -type sign will govern spacing requirements.
37
30414 -3kk
(7) In computing the distance between off - premise
signs, all measurements shall be made parallel to the edge
of the street and on the same side of the street. In
measuring the distance from back -to -back and V -type signs,
the measurements shall be made from the street end of the
nearest sign on the back -to -back or V -type structure.
(c) Location on property
All off - premise signs and sign structure shall be within the
deeded front building line, or if no such line exists, within the
property line, but in no event closer than 20 feet to the
curbline of any public street.
(d) Construction of Certain Off - Premise Sign Structures
All off - premise sign structures constructed, established, or
erected after May 1, 1975, which are not located on the Inter-
state and Freeway Primary System shall be supported by columns
spaced a minimum of eight (8) feet apart.
(e) Visibility Triangle
Within the triangular areas shown below or within 45 feet of
an intersection, no part of the face of an off - premise sign shall
be lower than a height of eight feet above the grade level of the
nearest street.
45'
m1b
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(f) Off- Premise Sign Lists
Each person engaging in the off - premise sign business shall
file with the Sign Administrator a certified list of all off -
premise sign structures owned by him as of January 1 of each
year. This list shall be filed on or before January i of each
year and shall describe the location of an off - premise sign, the
owner shall give the street address of the sign location and the
facing direction or the owner shall first reference the sign
structure to the street from which the sign is to be primarily
viewed, then the side of such street, then the distance in feet
to the nearest intersecting street on the same side of the
primary street as the sign structure is located, then reference
is to be made to the direction the sign faces. For example: 11303
X Street, west facing on X Street, north line, 120 feet east of Y
Street, west facing (303 X Street NL 1201 E Y Street WF)."
SECTION 11 - MISCELLANEOUS SION PROVISIONS
(a) Christmas Displays
Christmas displays and similar temporary displays erected
without advertising shall not be subject to the provisions of
this Chapter, but shall be subject to the Fire Code and rules and
regulations for fire safety promulgated by the Fire Marshal.
(b) Political Signs
No permit shall be required under this Chapter for a sign
erected solely for and relating to a public election for a period
com-nencing 60 days prior to and for 10 days following such public
election, provided that such unpermitted sign shall be located
on private property only, shall be constructed of lightweight
material, and shall not exceed 50 square feet in size.
(c) Signs on Public Rights -of -way
(1) With the exception of signs lawfully permitted and
erected prior to the passage of this ordinance, it shall be
unlawful to place a sign upon a public street, public
sidewalk, public alley, public right -of -way, public curb or
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30414 -3mm
other public improvement in any public street or grounds, on
any public bridge or part of same, or on any public building
or structure of any kind belonging to the City, or in any
public place or on any public improvement unless express
consent therefor shall have been first granted by the City
Council. However, coin - operated devices used to display and
vend newspapers may be so placed, so long as they are not
placed to impede vehicular or pedestrian traffic. This
subsection does not apply to public property leased for
private business purposes.
(2) Any unlawful sign found within a public right-
of-way of a public street, public sidewalk or public alley
shall be seized and removal thereof is hereby authorized.
The Sign Administrator, employees of the Police Department,
the Department of Public Works, the Department of Planning
and Traffic, and the Department of Parks & Recreation are
hereby authorized to impound any signs found on a public
street, public sidewalk or public alley and transport or
cause the same to be transported to a location to be
designated by the Sign Administrator for storage. The
custodian of the storage area shall maintain records of
where such signs are located when they were so impounded,
the date on which they were so impounded and shall hold the
same in the storage area for a period of not more than 30
days. Any sign so held may be redeemed by the owner thereof
upon the payment of a fee to the City of Baytown through the
Custodian thereof, consisting of a total of $50.00 for
hauling the same to storage plus $10.00 per day storage fee
for each day the sign i s stored. Such fee shal l be in
addition to and not in lieu of any fine imposed upon such
owner for violation of this Chapter. Any sign impounded and
stored and not redeemed by the owner thereof within 30 days
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may be sold at public auction in the same manner as surplus
property of the City or destroyed in the discretion of the
Custodian.
(3) A person commits an offense if he erects or
maintains a sign on or above a public street or other public
property, including but not limited to sidewalks, easements
or parks and such sign is not a projecting sign as permitted
under this Chapter nor placed upon a motor vehicle.
(d) Signs on Private Property
A person commits an offense if he intentionally or knowingly
erects or maintains a sign on or above private property he has no
right to occupy without the written consent of the owner of such
property.
(e) Signs Resembling Official Signs
No sign shall be constructed which resembles any official
marker erected by the City, State or any governmental agency or
which by reason of position, shape or color would conflict with
the proper functioning of any traffic sign, signal or which by
its shape or color would conflict with or be confused with
emergency vehicle lights, especially blinking lights. Use of
words such as "stop ", "look ", "danger" or any other word, phrase,
symbol or character in such a manner as to interfere with,
mislead or confuse traffic is prohibited.
(f) Signs on Traffic Islands
Signs are prohibited on traffic islands, being areas less
than 5,000 square feet entirely bounded by, or located within,
the curb lines of a public street or streets, or any area having
a minimum distance of less than 50 feet between the curb lines of
any street or streets.
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30414 -3oo
(g) Signs Not to Obstruct
(1) No sign shall be erected, constructed, or main-
tained so as to obstruct any means of egress, or any opening
necessary for required light, ventilation or fire fighting
or for escape from the premises, or so as to prevent free
passage from one part of a roof to any other part thereof.
(2) No sign shall be attached to any exterior stair-
way, fire escape, fire tower balcony, or balcony serving as
a horizontal exit.
(3) No sign shall be erected, constructed, or main-
tained so as to interfere with the free operation of a
counterbalanced section of a fire escape, and no projecting
sign shall be erected, constructed or maintained without a
minimum of seven feet of clearance over any such counter-
balanced section.
(4) No sign shall obstruct the free use of any window
above the first story.
(h) Signs Employing Motion Picture Machines
No sign shall employ a stereopticon or motion picture
machine.
(i) Signs Not to Create Easements
No permit for a sign extending beyond private property onto
• public street, public sidewalk or public alley shall constitute
• permanent easement, and every such permit shall be revocable at
any time by action of the City Council, and the City shall not be
liable for any damages to the owner by reason of such revocation.
(j) Change of Ornamental Features, Electric Wiring, or
Advertisino Disolav
No sign permit is required for the change of any of the
ornamental features, electric wiring or devices, or the ad-
vertising display of a sign previously permitted. This provision
shall not apply to spectacular signs with respect to advertising
display, nor shall it release a person from complying with all
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other applicable permitting requirements of the City of Baytown,
including those of the Southern Building Code and the City of
Baytown Electrical Code.
(k) Signs Obscuring or Interfering With View
Signs may not be located or illuminated in such a manner as
to obscure or otherwise interfere with the effectiveness of an
official traffic sign, signal or device, or so as to obstruct or
interfere with the view of a driver of approaching, emerging or
intersecting traffic from any street or driveway, or so as to
prevent any traveler on any street from obtaining a clear view of
approaching, emerging or intersecting traffic from any street or
driveway, or so as to prevent any traveler on any street or
driveway from obtaining a clear view of approaching vehicles for
a distance of 250 feet along the street.
(1) Proper Shielding of ,Lighted Signs; Interference
with Drivers of Motor Vehicles
Signs containing lights which are not effectively shielded
as to prevent beams or rays of light from being directed at any
portion of the traveled way from which the sign is primarily
viewed and which are of such intensity or brillance as to cause
glare or to impair the vision of the driver of any motor vehicle,
or which otherwise interferes with any driver's operation of a
motor vehicle, are prohibited.
(m) Spectacular Signs
Spectacular signs are prohibited with the exception that
moving or intermittent lights may be used to give time, date,
temperature, weather, or stock market reports only.
SECTION 12 - PORTABLE SIGNS
(a) It shall be unlawful to place or maintain a portable
sign at any location, except as described in Sub - section (b)
below.
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30414 -3qq
( b ) Existing portable signs located within the City and
presently being used for display or advertisement may be con-
tinued to be used until April 15, 1985, subject to the following
limitations and requirements.
(1) The owner and /or operator of an existing portable
sign must apply for a portable sign permit within sixty (60)
days of the date of passage of this ordinance. Such permit
shall be effective until April 15, 1985. A permit fee of
$25.00 shall be paid to the inspection department at the
time application for such permit is made. It shall be
unlawful to operate any portable sign without a portable
sign permit.
(2) Signs given a portable sign permit may be moved
from one location to another without the necessity of
applying for a new portable sign permit.
(3) After April 15, 1985, a person corm-►its an offense
if he places or maintains a portable sign in the City of
Baytown.
(c) Existing portable signs applying for a portable sign permit
must meet the following requirements to be given a permit. After
receiving a permit, failure to maintain a portable sign in
compliance with the following requirements shall cause for the
Sign Administration to revoke the permit for said sign.
(1) Every portable sign mounted on a trailer shall be
equipped with a trailer hitch and locking device approved by
the Sign Administrator to hold the trailer in a securely
locked position during transport. All such hitching
equipment shall also comply with all applicable Federal,
State and local laws regulating same.
(2) Every portable sign not in transit shall be
securely anchored to the ground by cables, ground supports,
or other means acceptable to the Sign Administrator to
prevent such signs from being blown from the site. Such
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30414 -3rr
signs shall be constructed in a manner to prevent letters or
pieces of the sign from being blown off the sign by high
winds.
(3) Portable signs shall for the purposes of this
Chapter be considered non - mobile, non - portable ground signs
and thereby are subject to all provisions of this Chapter,
including the structural requirements, spacing requirements,
permitting and fee requirements, on- premise provisions, and
all other provisions of this Chapter applicable to ground
signs unless a provision which applies by its terms to
portable signs is in conflict with a provision applying to
ground signs, in which case the provision applying speci-
fically to portable signs would control.
(4) Portable signs are prohibited from having any
flashing or blinking lights.
(d) Portable sign operating permits are non - transferable,
i.e. a permit issued for one sign cannot be used on another sign.
Furthermore, if an existing portable sign which receives a permit
is destroyed or removed from the City of Baytown, said sign shall
not be returned or replaced by another portable sign. It is the
intention of this section that existing portable signs can remain
within the City until April 15, 1985, but that no new or addi-
tional signs can be placed in the City for any reason whatsoever.
Section 2: Al ordinances or parts of ordinance inconsis-
tent with the terms of this ordinance are hereby repealed;
provided however, that such repeat shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 3: If any provisions, section, exception, sub-
section, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or invalid,
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30414 -3ss
such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions
of this ordinance are declared to be severable.
Section 4: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars.
Section 5: This Ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this the 14th day of
April, 1983.
ATTEST:
EILEEN P. HALL,City Clerk
APPROVED:
i
RA1rDALL B. STRONG, City torney
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