§ 58-11. General standards for off-premises signs.

(a)

General standards for off-premises signs. An off-premises sign erected after November 1, 2010, shall comply with the following standards unless an alternate standard applies because the sign is erected under incentive or relocation provisions.

(b)

Location. An off-premises sign is permitted solely in C2, CO, and M zoning districts on property fronting Interstate Highway 35 (IH-35) or other state highways.

(c)

Spacing. No off-premises sign along Interstate 35 or any other state highway may be erected within 1,500 feet of another off-premises sign. Spacing is measured on the same side of the road, between points along the right-of-way of the regulated highway perpendicular to the center of the signs.

(d)

Area. The dimensions of an off-premises sign erected on property fronting IH-35 must be 14 feet by 48 feet, for a total surface display area per face of 672 square feet (large sign). The dimensions of an off-premises sign erected on property fronting any other state highway may either be ten feet by 40 feet, for a total surface display area per face of 400 square feet (medium sign) or ten feet, six inches by 36 feet, for a total surface display area per face of 386 square feet (medium sign) or six feet by 12 feet, for a total surface display area per face of 72 square feet (small sign).

(e)

Faces. An off-premises sign may be single-faced or double-faced, but may not contain more than one face on each side of the display.

(f)

Height. An off-premises sign erected on property fronting IH-35 shall not exceed 42.5 feet in height. In all other areas off-premises signs shall be limited to 30 feet in height. Sign height is measured from the grade level of the centerline of the main-traveled way closest to the sign, at a point perpendicular to the sign location.

(g)

Setback. An off-premises sign must be set back at least 20 feet from any road or street right-of-way line, measured from the closest part of the sign.

(h)

Miscellaneous provisions.

(1)

Residential zone. No off-premises sign shall be permitted if property zoned residential is located between the sign location and the roadway toward which the sign would be oriented.

(2)

Consent. No part or foundation or support of any off-premises sign may be placed on, in, or over any private property without the written consent of the property owner.

(3)

Encroachment. No part or foundation or support of any off-premises sign may be placed on, in, or over any public property, public easements, or street rights-of-way, or upon telephone or utility poles, or natural features such as trees and rocks.

(4)

Protected vegetation. Notwithstanding any other provision or other applicable law or regulation, no person shall remove, cut, or otherwise alter any vegetative screening on public property or private landscaping required by code as a condition of permit approval in order to improve the visibility of a nearby off-premises sign.

(5)

Roof. No off-premises sign may be erected or maintained upon the roof of any building structure.

(6)

Light. No off-premises sign may be constructed where it obscures or shades the windows or doorways of adjacent buildings.

(7)

Traffic hazard. No off-premises sign may be permitted which, because of its size, shape, or location, may obscure or obstruct the view of vehicular or pedestrian traffic so as to endanger the safe movement thereof or be confused with any authorized traffic control sign, signal, or device.

(8)

Scenic vista. No off-premises sign may be permitted which, because of its size, shape, or location, may impair any scenic vista from the highway or a building adjacent to the highway or to the off-premises sign.

(9)

Construction. An off-premises sign must have a steel post and be constructed and erected in conformance with current building codes.

(10)

Identification. An off-premises sign must be permanently identified with the name of the sign owner or operator with letters of sufficient size to be easily read from the nearest roadway.

(i)

Inventory. The owner or operator of one or more off-premises signs within the City of Hewitt must inventory the signs on forms provided by the city's planning department and file the completed forms with the planning department within six months from November 1, 2010. No incentive credit or permit for alteration or relocation may be issued for an off-premises sign that was not timely inventoried and reported to the city.

(j)

Permit required. No off-premises sign may be erected without a valid permit issued by the city. A permit for off-premises signs may be issued only when all requirements of this section are met. A permit for off-premises sign construction is valid for a period of six months from date of issuance. The director of community development may extend the time limit for construction of a sign for up to one additional year. The permittee may present, and the director of community development shall consider, evidence relating to market conditions for new sign construction, availability of local financing for new sign construction, the permittee's history of compliance with the requirements of this section, and other relevant factors.

(k)

Alteration. An off-premises sign may not be altered with regard to size, shape, orientation, height, or location without the prior issuance of an alteration or relocation permit. Ordinary and necessary repairs that do not change the size, shape, orientation, height, or location of an inventoried off-premises sign do not require an alteration permit. An alteration permit expires if the approved modifications are not completed within 90 days of permit issuance.

(l)

Demolition. A demolition permit is required prior to removal of an existing off-premises sign. Demolition must be completed within 90 days from permit issuance. The permit must state the number of faces to be demolished. As an incentive for removal of existing off-premises signs the fee for the demolition permit will be waived if the demolition occurs on or before November 1, 2012.

(m)

Maintenance. Whenever the director of community development finds that any off-premises sign on the authorized list is not maintained in good repair and has not deteriorated more than 50 percent of its replacement value, the director of community development will notify and order the owner to repair the sign within 30 calendar days. If the director of community development finds that an off-premises sign has deteriorated more than 50 percent of its replacement value, or is not repaired within 30 calendar days, the director of community development shall notify the owner of the off-premises sign and the owner of the real property on which the off-premises sign is located to remove the off-premises sign or poster panel from the property within a specified time. All off-premises signs ordered to be removed shall be stricken from the authorized list when the time limit is set and the removal notice ends.

(n)

Off-premises sign cap. The number of off-premises signs in the city is limited to the number of such signs in existence on November 1, 2010.

(o)

Incentives. To encourage removal of off-premises signs that do not comply with current sign standards, the owner of a sign that was lawfully erected in compliance with all standards then in effect or lawfully in place at the time it was annexed into the city may be awarded credit for removing such sign.

(1)

One credit will be awarded for each face that is removed from a lawfully existing off-premises sign. In order to receive a permit for the erection of an off-premises sign, 1.25 credits must be used per each new face.

(2)

The city shall issue a permit to any person holding sufficient credits, for erection of an off-premises sign in a location approved by the city, in its sole discretion. The permit must state the number of faces to be erected.

(3)

Credits are transferable.

(4)

Credit is received when a permittee removes a sign voluntarily, even if the reason is loss of the lease. No credit may be awarded for the removal of an off-premises sign that was in violation of federal, state, or city laws when erected.

(5)

To be awarded a credit under the incentive program, a sign owner or operator must notify the city within 60 days of the removal of an off-premises sign and receive a letter issued by the city awarding a credit. Failure to apply for a credit within 60 days from removal of a sign bars the awarding of credit for that sign. Any unused credits will be held in reserve indefinitely, in order to give incentive for immediate removal of current faces. The director of community development shall maintain an accounting of unused credits.

(p)

Relocation. When a sign is to be relocated to accommodate a regulated highway project and the Texas Department of Transportation issues a permit for relocation of the sign, the city will also issue a permit for a sign that meets all current city standards, except that the relocated sign: may be located no less than 500 feet from an existing sign, must have a permit, but will not require payment of a permit fee; may be erected no less than five feet from any highway right-of-way line; may be constructed with the same number of poles and same type of materials as the existing sign; and may be erected without enlarging the sign face.

(Ord. No. 2010-10-18-3, § 1(Exh. A), 10-18-10; Ord. No. 2014-02-03-2, § 3, 2-3-14)