2002-201O INANCENO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS; "DENTON DEVELOPMENT
CODE" BY ADDING SUBCHAPTER 15, "SIGNS AND ADVERTISING DEVICES";
PROVIDING FOR A CUMULATIVE PROVISION; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The "Denton Development Code: was passed in order to provide a
comprehensive set of roles and regulations for developments in the City of Denton, Texas; and
WHEREAS, Subchapter 15 was reserved for the implementation of regulations for signs
and advertising devices within the authority of the City of Denton, Texas; and
WHEREAS, a set of regulations have been developed and presented to the Planning and
Zoning Commission and the commission, after public hearing, has approved the implementation of
these regulations; and
WHEREAS, the City Council finds it is in the public interest and wishes to adopt
Subchapter 15 of the "Denton Development Code"; and, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION1. That Chapter 35 of the Code of Ordinances, City of Denton, Texas, "Denton
Development Code" is hereby amended by adding the provisions of Subchapter 15, "Signs and
Advertising Devices" attached as "Exhibit A" which are incorporated as permanent revisions to the
City's Code of Ordinances of the City of Denton, Texas. These regulation shall supercede
conflicting provisions of the Code of Ordinances of the City of Denton, Texas, including in
particular and without limitation Chapter 33, Signs and Advertising Devices.
SECTION 2. That this ordinance shall be cumulative of all other ordinances of the City
of Denton and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ord'mance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sm not exceeding $2,000.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
PAGE i OF 2
SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of
this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
EULINE BROCK, MAYOR
ATTEST:
JENN1FER WALTERS, CITY SECRETARY
BY:
APPRI )VED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2 OF 2
Exhibit "A"
City of Denton
Sign Code
JUNE, 2002
Table of Contents
Development Code
TABLE OF CONTENTS
SUBCHAPTER 15 - SIGNS AND ADVERTISING DEVICES ..................................................................... 1
35.15.1 PURPOSE AND INTENT ...............................................................................................................1
35.15.2 DEFINITIONS ............................................................................................................................. 1
35.15.3 EXEMPTIONS ............................................................................................................................. 3
35.15.4 CERTAIN PROHIBITED SIGNS ..................................................................................................... 4
35.15.5 ADMINISTRATION AND ENFORCEMENT ........................................................................................ 5
35.1 5.6 APPEAL, VARIANCES, AND SPECIAL EXCEPTIONS ....................................................................... 5
35.15.7 HISTORICAL LANDMARK SIGNS .................................................................................................. 6
35.15.8 LICENSES ................................................................................................................................. 6
35.15.8.1 Required ......................................................................................................................................................... 6
35.15.8.2 Prerequisites to issuance; fee; examination ..................................................................................................... 6
35.15.8.3 Revocation ...................................................................................................................................................... 6
35.15.8.4 Appeal of revocation ........................................................................................................................................ 6
35.15.8.5 State license .................................................................................................................................................... 6
35.15.9 PERMITS ................................................................................................................................... 7
35.15.9.1 Required ......................................................................................................................................................... 7
35.15.9.2 Application Procedure ..................................................................................................................................... 7
35.15.9.3 Fees ................................................................................................................................................................ 7
35.15.9.4 Duration .......................................................................................................................................................... 7
35.15.9.5 Revocation; Appeals ....................................................................................................................................... 7
35.15.9.6 Transfer of state outdoor advertising sign permits ................................................................................................ 8
35.15.10 NONCONFORMING SIGNS ........................................................................................................... 8
35.15.10.1 Definition ......................................................................................................................................................... 8
35.15.10.2 Applicability ..................................................................................................................................................... 8
35.15.10.3 Registration of nonconforming portable and off-premises (billboard) signs ...................................................... 8
35.t5.10.4 Presumption .................................................................................................................................................... 9
35.15.10.5 Destruction; Repair .......................................................................................................................................... 9
35.15.10.6 Relocation ....................................................................................................................................................... 9
35.15.10.7 Signs located on nonconforming premises ...................................................................................................... 9
35.15.10.8 Nonconforming sign permits ............................................................................................................................ 9
35.15.11 REMOVAL OF UNLAWFUL SIGNS ............................................................................................... 10
35.15.11.1 Notice and Order ........................................................................................................................................... 10
35.15.11.2 Removal; Appeals ......................................................................................................................................... 10
35.15.11.3 Impoundment; Redemption; Disposal ............................................................................................................ 10
35.15.11.4 Recovery of Costs ......................................................................................................................................... 10
35.15.11.5 Appeal ........................................................................................................................................................... 10
35.15.11.6 Summary removal of hazardous signs ........................................................................................................... 11
35.15.11.7 Certificate of Occupancy ............................................................................................................................... 11
35.15.12 TECHNICAL REQUIREMENTS ..................................................................................................... 11
35.15.12.1 Manner of Meesurement ............................................................................................................................... 11
35.15.12.2 Abandoned signs and supporting structures .................................................................................................. 13
35.15.12.3 Sign face standards ....................................................................................................................................... 14
35.15.12.4 Sign Maintenance .......................................................................................................................................... 15
35.15.12.5 Wind loads .................................................................................................................................................... 15
35.15.12.6 Use of state right-of-way ................................................................................................................................ 15
35.15.12.7 Inflatable devices ........................................................................................................................................... 15
35.15.12.8 Clearance from electrical lines ....................................................................................................................... 15
35.15.13 PORTABLE SIGNS .................................................................................................................... 15
35.15.13.1 Prohibited ...................................................................................................................................................... 15
35.15.13.2 Lawful nonconformity .................................................................................................................................... 15
35.15.13.3 Lawful nonconformi[y from November 5. 1997 ............................................................................................... 15
iii
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Development Code
35.15,13.4 Maintenance of nonconforming signs ............................................................................................................ 16
35.15.13.5 Anchoring ...................................................................................................................................................... 16
35.15.14 REGULATION OF SIGNS BY ZONING DISTRICTS .......................................................................... 16
35.15.14.1 Residential Districts ....................................................................................................................................... 16
35.15.14.2 Nonresidential districts .................................................................................................................................. 17
35.15.14.3 Planned developmentdistficts ....................................................................................................................... 18
35.15.14.4 Central business districts ............................................................................................................................... 19
35.15.15 ATTACHED SIGNS .................................................................................................................... 20
35.15.15.1 Scope ............................................................................................................................................................ 20
35.15.15.2 Roof signs; Projection .................................................................................................................................... 20
35.15.15.3 Projecting signs ............................................................................................................................................. 20
35.15.15,4 Signs on common buildings ........................................................................................................................... 20
35.15.16 TEMPORARY SIGNS ................................................................................................................. 21
35.15.16,1 Temporary Signs ........................................................................................................................................... 21
35.15.16.2 Wind device signs ......................................................................................................................................... 21
35.15.17 SPECIAL SIGN DISTRICTS ........................................................................................................ 21
35.15.17.1 Purpose ......................................................................................................................................................... 21
35.'15.17.2 Application and plans .................................................................................................................................... 21
35.15.17.3 Sign plan ....................................................................................................................................................... 22
35.15.17.4 Creation, Review of Plan, Cdteria .................................................................................................................. 22
35.15.17.5 Conditions imposed ....................................................................................................................................... 22
35.15.17.6 Procedures .................................................................................................................................................... 22
35.15.17.7 Designation on zoning map ........................................................................................................................... 23
END ............................................................................................................................................................ 23
Subchapter 15
Development Code
Subchapter 15- Signs and Advertising Devices
Sections:
35.15.1 Purpose and Intent.
35.15.2 Definitions.
35.15.3 Licenses and Permits.
35.15.4 Nonconformlng Signs.
35.15.5 Removal of UnlawSul Signs.
35.15.6 Technical Requirements.
35.15.7 Special Sign Districts.
35.15.1 Purpose and Intent.
35.15.2
It is the purpose of this Subchepter to regulate the construction, reconstruction, erection, installation,
placement, relocatiun, maintenance, display, use, modification, alteration and removal of private signs
within the dry.
It is the intent of this Subchapter to regulate signs general¥ by classifying each sign according to its design
and construction and by regulating, based on such dassification, the type, number, size, height and setback
of signs according to their location in the various zoning districts.
It is also the intent and determination of the city council that the regulations in this Subchapter be and are
the minimum necessary and least burdensome to accomplish the purposes stated in this section.
Definitions.
The following words, terms and phrases, when used in this Subchapter, shall have the meanings ascribed to
them in this section, except where the context dearly indicates a different meaning:
Abandoned sign. A sign;
1. which, for at least six (6) continuous months, does not identify or advertise a bona fide business,
lessor, service, owner, product or activity;,
2. For which no legal owner can be found; or
3. Which pertains to a time, event or purpose which no longer applies.
Advertising. To convey information to, seek the attraction of or to direct the attention of the public to any
location, event, person, activity, goods, services or merchandise.
Attached sign. A sign, other than a w'md de~dce sign, attached to or supported by any part of a building,
indudlng but not limited to a wall, roof, window, canopy', awning, or marquee. Wall, roof, and projecting signs shall be
considered attached signs.
Curbline. An imaginasy line drawn along and parallel to the outermost part or back of the curb and gutter on
either side of a public street; or, if there is no curb and gutter, along and parallel to the outermost portion of the paved
street; or, if there is no paved street, along and parallel to the outermost edge of the traveled portion of the street.
Dilapidated or deteriorated sign. A sign;
1. Where any portion of the finished material, surface or message portion of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered, defective or is otherwise visibly deteriorated or in a
state of disrepair so as not to substantially appear as it was intended or designed to appear when
ori~¥ con~ruct~
Subchapter 15
Development Code
2. Whose elements or the structural support or frame members are visibly bent, broken, dented or tom,
twisted, leaning or at angles other than those at which it was originally erected, such as may result
from being blown or by the failure of a structural support.
Front yard. An open, unoccupied space on a lot facing a street and mending across the front of the lot
between the side lot lines and from the main building line as specified for the district in which it is located (the ~building
setback line").
Ground sign. A sign, other than a wind device sign, whose prindpal support is provided by burying,
anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground and which is not a portable
sign or attached sign.
Monument Sign. A ground sign, other than a wind device sign, which is solid from the ground up, and is
made of stone, concrete, metal, routed wood planks or beams, brick or similar materials. The pole(s) or support of this
sign shall be concealed.
Off-premises sign. A sign displaying advertising copy that pertains to a business, person, organization,
activity, event, place, service, or product not prindpally located or primarily manufactured or sold on the premises on
which the sign is located.
On-premises sign. A freestanding sign identifying or advertising a business, person, or activity, and installed
and maintained on the same premises as the business, person, or activity. A sign which promotes or displays a political,
religious or ideological thought, belief, opinion or other noncommerdal message shall be considered an on-premises
sign.
Portable sign. A sign whose prindpal supporting structure is intended, by design, use or construction, to be
used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall
include but not be limited to signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or
other nonmotorized mobile structure, with or without wheels, and A-frame and other similar signs, resting or leaning on
the ground or other structures, but not permanently attached thereto.
Premises means:
For any devdoped property, the area of real property which encompasses all the buildings, structures,
appurtenances and land held under common ownership and devoted to a common use, such as a shopping center, or
For undeveloped property, the area of real property designated as a lot on a plat approved in accordance with
law and filed with the county derk's office, or an nnplatted tract of land as conveyed by deed or operation of law and
recorded in the deed records of the county.
Project'mg sign. Any sign, other than a wind device sign, which is wholly affixed to or supported by any
building wall and which extends beyond the building wall more than twelve (12) inches.
Roof sign. Any sign, other than a wind device sign, wholly erected on, affixed to, or supported by a roof of a
building.
Sandwich board or "A" frame sign. A portable sign, consisting of two panels of equal size, made of painted,
decay-resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self-supporting,
Sign. An outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster,
billboard, or other thing that is designed, intended, or used to advertise or inform. "One sign" or a Ua sign" means any
number of signs located on or supported by a single or common supporting structure.
Supporting structure. Any pole, post, cable, foundation or other supporting structural materials or fmtures
arranged, designed or used to hold, secure or support a sign, abandoned sign, or part thereof.
Temporary sign. A ground sign that is used to communicate or advertise a single event which has not yet
occurred and which is temporary in nature. Examples of temporary signs include, but are not limited to, signs
advertising grand open/ngs, furore construction projects and real estate listings.
Subehaptcr 15
Development Code
Visibility point. The viewing locations, a a height of slx (6) feet, determined by extending the side yard
setback lines of the property so as to intersect the curb line of the public street fronting the property, then measuring
from the intersecting points along the curb line away from the property in each direction for a distance of one hundred
(100) feet. If the street fronting the property is one-way, the visibility point in the direction from which traffic
approaches the property shall be used to determine the visibility requirement.
Wall sign. Any sign, other than a wind device, wholly affixed to, supported by or painted upon the wall of any
building and which is not a projecting sign.
W'md device sign. A flag, banner, pennant, streamer, inflatable balloon or similar device made of doth,
canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a
sign.
35.15.3 Exemptions.
The following types of signs shall be exempt from the provisions of this Subchapten.
A. Governmental signs. Any sign:
1. Erected or maintained pursuant to and in discharge of any governmental function:
2. Required by law, ordinance, or governmental regulation; or
3. Located on property owned, leased, or under the control of the federal or state government.
B. Railway signs. Any sign within or on railway property and placed or maintained in reference to the
operation of such railway;
C. Utility signs. Signs marking utility or underground communication or transmission lines;
D. Vehicle signs. Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer or
aircraf~ on which such sign is displayed is permanently stationed or regularly used at a fixed location to
serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or
E. Signs not visible from the street. Any sign where no part of such sign is visible from any public street;
F. Holiday signs. Temporary signs containing only holiday messages and no commerdal advertisin~
G. Signs on persons or animals. Hand-held signs or signs, symbols or displays on persons or animals;
H. Unused signs. Signs being manufactured, transported or stored and not being used, in any manner or
form, for purposes of advertisin~
I. Plaques. Commemorative plaques of recognized historical sodeties and organizations;
J. Private traffic control. On-premise signs which direct the movement of traffic on private property or
warn of obstacles, overhead clearances, or control parking~ indudin~ but not limited to, entranc~ and exit
signs. The sign must be less than ten (10) feet in effective area, less than six (6) feet in height, and be
placed where they will not interfere with the safe movement of vehicles or pedestrians;
K. Mailboxes, newspaper racks. Signs located on mailboxes, newspaper vending machines and curbside
residential newspaper holders which identify the owner and address of the premises or the name of the
newspaper sold or subscribed to, provided that such devices are not placed so as to interfere with the safe
movement of pedestrians of vehicular traffic;
L. Signs on outdoor machines, devices and equipment. Signs located on outdoor machines, devices, or
equipment which display the trademark, trade name, manufacturer, cost, or operating or service
instructions or similar information but do not advertise the business where located. This exemption
includes but is not limited to signs on coin-operated vending machines, furl dispensing pumps, tdephone
Subehapter 15
Development Code
facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines,
devices, or equipment;
M. Athletic fields. Signs located on the fidd side of scoreboards and fences of athletic fidds.
N. Wall signs fifteen (15) feet or less in height.
O. Legal notices.
P. Flags as specified in Section 35.15.16.2.
Q. Signs painted on glass surfaces of windows or doors.
Temporary signs.
35.15.4 Certain Prohibited Signs.
It shall be unlawful for any person to erect, install, construct, display, maintain, reconstruct, place, locate
relocate, or make use of any of the following signs for advertising purposes:
A. Signs on private property without consent of owner. Signs located on private property without the
consent of the owner of the premises.
B. Parking and maneuvering areas. Signs which are located in or interfere with the use of a required off-
street parking space or maneuvering area.
C. Unsafe signs. Signs which are or become deteriorated, dilapidated or in danger of falling or otherwise
D. Signs on public property. Any sign located on or attached to a public street light, utility pole, hydrant,
bridge, traffic control device, street sign or other public structure or building~ or any sign, other than a
temporary sign, located in, on, over, or within a public street, sidewalk, alley, easement or right-of-way.
This prohibition shall not apply to projecting signs or sandwich board or "A' frame signs in central
business districts as permitted by this Subchapter, markings made on public sidewalks as permitted by the
Code of Ordinances or wind device signs placed over a public street by the city to advertise annual
E. Code compliance. Signs which do not comply with any applicable provision of a building code, electrical
code or other applicable code or ordinance of the city.
F. Trees and shrubs. Signs located on trees and shrubs.
G. Motion picture signs. Signs which employ a stereopticon or motion picture machine.
H. Signs obscuring or interfering with view.
1. Signs located or illuminated in such a manner as to obscure or otherwise interfere with the
effectiveness of an official tmfi'ic sign, signal or device or so as to obstruct or interfere with the view
of a driver of approarhinD emerging or intersecting traffic or so as to prevent any traveler on any
street from obtaining a dear view of approaching vehicles for a distance of two hundred fifty (250)
feet along the street;
2. A sign other than a traffic control sign or signal, in a triangle sight area at all intersections including
that portion of public right-of-way and any comer lot within a triangle formed by a diagonal line
extending through points on the two (2) property lines twenty-five (25) feet from the street comer
intersection of the property lines or that point of the intersection of the property lines extended and
intersecting the curblines.
I. Certain illuminated signs. Signs, illuminated form within or without, and which:
Subchapter 15
Development Code
I. Are illuminated in such a manner, to tach intensity, or without proper shielding, so as to constitute a
hazard to the operation of motor vehieles upon a public street or substantially interfere with the
reasonable enjoyment of residential property, or
2. Have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or
any type of moving, traveling or changing message by means of illumination, exduding temporary
Christmas lights and lights used for time and temperature signs;
J. Portable signs. Any portable sign which is not a properly registered nonconforming portable sign as
provided for in this Subchapter.
K. Off-Premises Signs. Any off-premises sign which is not a properly registered nonconforming off-
premises sign as proved for in this Subchapter.
35.15.5 Administration and Enforcement.
The Building Official shall enforce and administer the provisions of this Subchapter. The Building Official or
city manager may delegate the duties and powers granted to an imposed upon the Building Official by this
Subchapter.
35.15.6 Appeal, Variances, and Special Exceptions.
Compliance with state law. The Board of Adjustment is authorized to hear all appeals, variances, and
special exceptions in accordance with powers, rules and procedures applicable as outlined in Subchapter 3.
B. Variances to the sign regulations:
1. Any person requesting a variance from the provisions of the sign regulations shall submit an
application on a form provided by the city, contalaing the information and plans requested in the
application, along with the establlshed filing fee.
2. The board shall act upon the variance request within a reasonable time. Notice of the hearing shall be
given in the same manner as appeals to the board.
3. The board may grant a variance from a requirement of this Subchapter if k finds all the following
exist:
a. Due to some unique condition or feature of the property which is not generally common to other
properties, literal compliance with the sign regulation would cause urmecessary hardship;
b. The granting of the variance will not violate the spirit or the intent of the ordinance; and
c. The condition or feature, which creates the need for the variance, did not result from the
property owners' acts.
4. The board shall not grant a variance to any applicant soldy for personal convenience, financial
hardship, or other reasons unrelated to the property. If the board grants a variance, the variance shall
be granted only to the extent that is reasonably necessary to remedy the hardship. The board may
impose conditions relating to the use of the sign for which a variance is granted.
5. All decisions of the board granting or refusing a variance shall be reduced to writing and signed by the
chairperson. If a variance is denied, the decision shall state the conditions for the variance which were
not met. If the board grants a variance, the decision shall state that all conditions for a variance were
met, specify the degree to which the regulations are being varied, and be signed by the members
voting in favor of the variance.
Special Exceptions. The board may grant a special exception from the provisions of this Subchapter for
the setback or height of a sign, other than a portable sign, under the following circumstances:
Subchapter 15
Development Code
1. Visibility obstructions. When fifty (50) percent or more of the effective area of sign to be located in
accordance with the setback or height requirements of tiffs article would not be visible from at least
one ~visibility point, because of an existing building, structure, or the natural ground.
2. Medical emergency signs. When a sign located on the property of an emergency medical treatment
facility would not, because of the setback or height requirements of this article, be readily visible from
adjacent public streets. For purposes of tiffs provision, ~Emergrncy Medical Treatment Facility~ shall
mean any hospital, clinic or other facility where medical aid is offered to a person or animal which
suffers an injury or illness which requires immediate medical attention.
D. In granting a spedal exception, the board shall specify by written order the setback or the height that will
be allowed, but in doing so shall not allow deviation from the provisions of this Subchapter beyond what
is minimally necessary to remedy the situation allowing for the special exception.
35.15.7 Historical Landmark Signs.
The provisions of tiffs Subchepter shall not apply insofar as they conflict with any provision applicable to a sign
designated as a historical landmark by the city.
35.15.8 Licenses.
35.15.8.1 Required.
It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any
ground, roof or projecting sign for compensation without first having obtained a license for such work from
the Building Offidal as provided in this division. The provisions of this section requiring a license for such
work shall not apply to an employee of a person holding a license under this division.
35,15.8,2 Prerequisites to issuance; fee; examination.
A. Any person who makes proper application, pays the fee, and passes an examination, shall be issued a
license, valid for four (4) years. The written examination shall test the applicant's general knowledge of the
sign regulations. The applicant may renew an existing license prior to ks expiration for a maximum of four
(4) years by paying the appropriate fee(s).
B. The fee for the license shall be determined by the city council and on f'de in the office of the city secretary.
35.15.8.3 Revocation.
The Building Official may revoke, upon prior written notice to the licensee, any license granted under this
division where it is found that the application made was knowingly false or that the licensee, after having been
determined by the Building Offidal to have violated any provision of tiffs division, failed to correct the
violation within fourteen (14) days after the date written notice of the violation was sent to the address of the
licensee, as shown on the license.
35.15.8.4 Appeal of revocation.
Any person may appeal a denial, proposed revocation, or revocation of a license to the board of adjustments as
provided herein.
35.15.8.5 State license.
The license required by the city is in addidon to any license required by the State Department of Highways and
Public Transportation by State law or regulation.
Subchapter 15
Development Code
. 35.15.9 Permits.
35.15.9.1
Required.
It shall be unlawful for any person to place, locate, relocate, erect, construct, reconstruct, replace, renovate,
repair, or alter any part of a sign, including the face or supporting structure or other integra] part, or to
thereafter make use of a sign for which a permit is required herein, without having fnest secured a sign
permit from the city, except as otherwLse pruvided by this Subchapter. The administering official or
employee shall not issue a permit for a sign that does not comply with the requirements of this
Subchapter.
It shall be tmlawful for any person to make use of a sign required to be licensed by the State Department
of Highways and Public Transportation as required by astide 4477-9a, Tex. Rev. Civ. Stat., except in
accordance with a valid permit issued by the city.
A sign permit shall not be required to periodically change only the letters, numbers, or message portion of
a sign if the sign is specifically designed for that purpose, such as, but not limited to, marquee signs for
movie theaters, portable signs with changeable letters, billboards and poster boards designed for changing
messages, and gasoline price signs with changeable numbers.
35.15.9.2 Application Procedure.
The application for a sign permit shall be submitted on such forms as the Building Official may prescribe and
shall be accompanied by such information, drawings and descriptive data as required by the Building Offidal to
ensure proper regulation of the sign and to ensure compliance with this Subchapter.
35.15.9.3 Fees.
If the plans and specifications for a sign set forth in any application for a permit required under this division
conform to all of the requirements of this Subchapter and any other ordinance applicable thereto, the Building
Offidal shall, upon payment of the applicable permit fee, issue the appropriate permit. Permit fees shall be
established by the City Council.
35.15.9.4
Duration.
Ground or attached signs. Except as otherwise prox4ded in this Subchapter, a permit issued for a
ground or anached sign shall terminate one hundred eighty (180) days after issuance.
Signs licensed by the State. A sign permit issued by the City for a sign required to be licensed by the
State Department of Highways and Public Transportation under article 4477-9a, Tex. Rev. Civ. Stat., as
amended, shall be valid for the location designated on the application for one (1) year from issuance of the
permit so long as the sign is erected and legal~ maintained. If the state acquires the sign or the sign in
removed for any reason, the permit shall terminate.
Wind device signs. A permit for wind device signs shall be valid for tklny 00) consecutive days. A
permit shall not be issued for a premise unless a period of tNny (30) days has elapsed since the expiration
of a previous permit. The permit shall apply to one designated premise and authorizes the display of one
or more wind device signs on that premise for the allowed time. No more than three (3) permits for any
one premise shall be issued in any one calendar year.
35.15.9.5 Revocation; Appeals
A sign permit may be revoked for a violation of any provision of this Subchapter. The pemait holder may
appeal the revocation to the board of adjustments. If the State Department of Highways and Public
Transportation revokes the license of an owner of a sign for which the city has issued a permit, the sign permit
for the sign shall terminate when the license revocation becomes final.
Subchapter 15
Development Code
35.15.9.6 Transfer of state outdoor advertising sign permits.
Sign permits initially issued by the State Department of Highways and Public Transportation and now issued by
the city for signs licensed by the state under article 4477-9a, may be transferred to another party if the proper
dty application and fee is fded and approved by the city.
35.15.10 Nonconforming Signs,
35.15.10.1 Definition.
A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all
or part of the provisions of this Subchapter applicable thereto, is not a temporary sign an&
A. Was in existence and lawfully located and used on March 17, 1993;
B. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance
applicable thereto or which was consi&red legally nonconforming thereunder and has since been in
continuous or regular use; or
C. Was in existence, located and used on the premises at the time k was annexed to the city and has since
been in regular and continuous use.
D. Was in existence and lawfully located and used as an off-premises ground sign pursuant to Section
35.15.14.2 on November 5, 1997.
35.15.10.2 Applicability.
The provisions of this Subchapter defining and regulating nonconforming signs shall control over any other
conflicting provision of this Chapter.
35.15.10.3 Registration of nonconforming portable and off-premises (billboard) signs.
On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign within the corporate
limits, and on or after March 1, 1998, it shall be unlawful for any person to maintain any off-premises
(billboard) sign on any premises within the corporate limits and both portable and off-premises (billboard)
signs within the extraterritorial jurisdiction of the City of Denton without having a valid registration tag affixed
thereto as required in this section as follows:
A. Application. To register a nonconforming portable or off-premises (billboard) sign, application shall be
made to the Building Official on forms provided for that ptupose. The application shall be accompanied
by the payment of the applicable fee and shall contain the name and address of the owner of the sign, the
exact location of the sign, the date of placement and any other information reasonably required by the
Building Offidal.
B. Issuance of registration tag. If the Building Official determines that the portable or off-premises
(billboard) sign is a lawfully nonconforming portable or off-premises (billboard) sign, he shall issue a
registration tag to the applicant. The owner of the sign shall cause the tag to be affixed in a conspicuous
place on the corresponding portable or off-premises (billboard) sign registered.
C. Removed or destroyed signs. Any owner who removes or causes the removal of any validly registered
nonconforming portable or off-premises (billboard) sign from any premises shall, within five (5) business
days of ks removal, report the removal to the Building Official.
D. Invalidation of registration. The Building Offidal shall invalidate any registration tag for a
nonconforming portable of off-premises (billboard) sign when:
1. It is removed from the premises for any reason;
2. It has been damaged or &stroyed so as to lose ks nonconforming or off-premises (billboard) sign
stares as provided in this Subchapter;
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Development Code
3. It has become an abandoned sign.
35.15.10.4 Presumption.
Any sign which does not conform to the regulations of this Subchapter and is not properly registered as a
legally nonconforming sign as provided for in this Subchapter shall be presumed not to be a legally
nonconforming sign; provided, however, that the owner of any sign that is determined not to comply with the
provisions of this Subchapter may, at any time, present evidence to the Building Offidal that the sign is a
legally nonconforming sign, and the Building Offidal shall, if satisfied that the sign is a legally nonconforming
sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign.
35.15.10.5
A~
Destruction; Repair.
Any nonconforming portable, attached, or ground sign, induding its supporting structx~e which is blown
down, damaged, dilapidated or deteriorated, or otherwise destroyed or dismantled for any purpose other
than maintenance operations or for changing the letters, symbols, or other matter on the sign, shall not be
replaced, repaired, or renovated, in whole or in part, if the cost of such replacement, repair or renovation is
in excess of sixty percent (60%) of the cost of erecting a new sign of the same type at the same location,
including its supporting structure, unless such alteration or repair makes the sign conforming. No person
shall repair, renovate, or alter a nonconforming sign without first receiving a sign permit.
B. The Building Official may, whenever he deems necessary to reasonably determine the applicability of
subsection (a) of this section, require the owner of the nonconforming sign to submit two (2) or more
independent estimates from established sign companies of the cost of replacing, repairing or renovating, in
whole or in part, the existing nonconforming sign and two (2) or more independent estimates from
established sign companies of the reproduction cost of erecting a new sign of the same type at the same
location, including its supporting structure.
C. The estimaS~e required by subsection (b) shall be based on the costs for new materials for both the sign to
be repaired and the new sign. Also, the estimate shall reflect the reasonable and customary costs in the
industry for (1) the delivery of materials and equipment to the location of the sign and (2) the cost of labor
for each phase of sign construction.
D. No sign or supporting structure which is lawfully reproduced, repaired or renovated as a nonconforming
sign shall be increased in effective area or height.
35.15.10.6 Relocation.
Notwithstanding any other provision of this Subchapter, any sign which is a legally existing nonconforming
sign may be relocated on the same lot or tract of land if the sign is required to be removed from its present
location because the property upon which the sign is located is acquired by any governmental agency or other
entity which has or could have acquired the property through the exerdse of its power of eminent domain.
Such rdocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Subchapter.
35.t5.10.7 Signs located on nonconforming premises.
Where, on the effective date of the ordinance from which this Subchapter is derived, a sign is located on a
premises which is a legally nonconforming use of the premises and such sign is used in regard to the premises,
the sign may be used and maintained on the premises, even though it would not be a permitted use, so long as
such premises is continually used as a lawflal nonconforming use.
35.15.10.8 Nonconforming sign permits.
The Building Offidal may issue a permit to alter a nonconforming sign if the proposed alteration would not
cause the sign to exceed the effective area, height, setback, or illumination setback of the sign existing at the
time of application for the permit.
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35.15. I ~ Removal of Unlawful Signs.
35.15.11.1 Notice and Order.
Any sign, abandoned sign, supporting structure or abandoned supporting structure which is erected, placed,
relocated, constructed, reconstructed, altered, displayed, maintained, installed, modified or used in violation of
this Subchapter may be removed by the Building Offidal as provided in this article. The Building Official shall
deliver or send a written notice and order to the owner of an unlawful sign or the owner of the premises where
the unlawful sign is located. A notice and order sent or delivered to the person listed by the city tax office or
county appraisal district as the owner of the premises where the unlawful sign is located shall be presumed to
be sufficient. The notice and order shall:
A. Describe the nature of the violation;
B. Order the correction of the violation within a time specified, which shall not be less than five (5) business
days of the delivery or mailing of the notice; and
C. Give notice that the Building Offidal may remove and impound the unlawful sign at the owner's expense
if the violation is not corrected within the time spedfied.
35.15.11.2 Removal; Appeals.
If the person ordered to correct a violation fails to do so within the time specified, the Building Official may
remove or cause the removal of the un/awful sign. Any person aggrieved by the order may fie an appeal with
the Board of Adjustment.
35.15.11.3
A.
Impoundment; Redemption; Disposal.
Any sign which is removed by the Building Offidal pursuant to this Subchapter shall be impounded and
transported to and stored by the Building Official at a location designated for such purpose. Records of
where such signs were located and when removed shall be kept. The Building Offidal shall send a letter to
the owner of such sign, if known, or, if not known, to the owner or person in control of the premises
where such sign was located, giving notice of such impoundment.
The Building Offidal shall hold the sign in storage for at least thirty (30) days after notice of impoundment
has been mailed. Any portable sign may be redeemed by the owner upon the payment of a fee to the city
for hauling the sign to storage, pIus a per-day storage fee. Any nonportable sign may be redeemed by the
owner upon payment of the cost of removal of and hauling the sign to storage, as determined by the
Building Official, plus a per-day storage fee. Such fees shall be established by the City Council.
Any sign not reclaimed by the owner thereof within thkty (30) days of the mailing of the nmice of
impoundment may be disposed of in accordance with applicable law.
35.15.11.4 Recovery of Costs.
If, upon disposal of an unredeemed nonportable sign, the Building Official has not received an amount
sufficient to cover the cost of removal and hauling of such removed sign, the Building Official shall send notice
to the owner of the premises where such sign was located, requesting payment of the removal and hauling
costs, less any amount received in disposal of such sign. Any such costs remaining unpaid after tlfirty (30) days
from the date of mailing of notice shall become delinquent and shall bear interest at ten (10) percent per
annum. The Building Official may cause such unpaid and delinquent amount to be assessed against the
premises where such removed sign was located by f'ding and perfecting a lien against the premises. The cost
levied against the premises shall include an administration fee established by the City Council.
35.15.11.5 Appeal.
Any person may contest the reasonableness of the cost of removal of a sign imposed hereunder by ftling an
appeal with the Board of Adjustment within twenty (20) days of the mailing of the notice of the costs. The
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board may uphold the cost imposed by the Building Official or impose and levy whatever cost is considers
reasonable. Storage costs shall not be appealable.
35.15.11.6 Summary removal of hazardous signs.
Nnt~,fithstanding any other provision of this Subchapter, the Building Official may summarily remove any
unlawful sign which, because of ks location or condition, dearly constitutes an immediate hazard or danger to
the public. Prior to removing the sign, the Building Offidal shall make a reasonable attempt to locate the
owner of the hazardous sign or person responsible for its display, placement or maintenance to give written
notice of the violation, the action necessary to correct the violation and time period in which the correction
must be made. The notice shall be delivered to the owner of the sign, the owner of the premises or the person
responsible for the sign's display, placement or maintenance, if located; otherwise, the notice shall be affixed to
the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or
premises. Thereafter, the Building Offidal may remove the sign if no corrective action is taken in the time
specified.
35.15.11.7 Certificate of Occupancy.
The Building Offidal shall not issue a certificate of occupancy for any premises on which a sign or supporting
structure does not meet the requirements of this Subchapter.
35.15.12 Technical Requirements.
35.15.12.1 Manner of Measurement.
T~e measurements required for signs by this Subchapter shall be made using the following procedures:
A. Setback. To apply the setback provisions of this Subchapter for signs at any one (1) point, the following
measuring procedure shall be used:
1. Draw an imaginary verdcal line extending upward from the curbline of the premises;
2. Beginning at any point on the vertical line, draw an imaginary' horizontal line perpendicular to the
vertical line and curbline extending toward the premises;
3. Beginn/ng at the point where the vertical line intersects the horizontal line, measure along the
horizontal line for the required setback.
B. Height. The maximum height of a ground sign shall be determined by the method of measurement that
allows the greater height, as follows:
1. Curbline measurement. Measure along a vertical line extended upward from the nearest curb llne
of the public street fronting the premises where the sign is to be located, to the maximum height
allowed for the sign. From that point, extend a horizontal line to where the sign is to be located. The
horizontal line is the maximum height allowed at that location.
2. II-I-35 measurement. Along II-I-35, the height may be measured from the principal lanes, the
frontage road, or the ground, whichever allows the greater height.
3. Natural ground level measurement. At the highest point of the sign, draw a horizontal line to the
outer extremities of the sign. At the center of the horizontal line, draw a vertical line to the natural
the ground levd below. (The "natural ground level" shall indude any changes in topography
necessary for devdopment of the property). The vertical line may not exceed height allowed for the
sign at that location.
C. Effective area means the area enclosed by the smallest imaginaxy regular shape (e.g. parallelogram, triangle,
ch'de, trapezoid) or combination of regular shapes that will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming as integral part of the
display or used to differentiate the sign from the backdrop or structure against which it is placed.
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Development Code
Effective area indudes such features as decorative or ommmental dements or features, borders, trims, but
not hducling any supporting structure which is used solely for support of the sign, such as poles, columns
and cable, or decorative fence, screening device or wall.
1. Sign copy mounted or painted on a background panel or area distinctivdy painted, textured or
constructed as a background for the sign copy, shall be measured as the area contained within the
outside dimensions of the background panel or surface.
Sign copy mounted as individual letters md/or graphics against a wall, fence, screening device, awning
or fascia of a building or other structure that has not been painted, textured or otherwise altered to
provide a distinctive background of the sign copy, shall be measured as the area endosed by the
smallest regular shape or combination of shapes that will enclose all sign copy.
Where there are a number of sign faces or more than one sign on a supporting structure.
One -Area of the single face only.
Two - If the interior angle between the two faces is 45° or less, the area will be the area of one face
otfly; if the angle between the two sign faces is greater than 45°, the sign area will be the sum of the
areas of the two faces.
Three or more sides -The sign area will be the sum of the areas of each of the faces.
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Development Code
All signs on a single supporting structure shall be measured together as though they were one (1) sign
to determine the total effective area, except that signs separated by mote than thirty-six (36) inches of
air space at every point between the signs shall be measured separately and added together to
determine the total effective area.
Spherical, free-form, sculptural, other non-planar signs--The area enclosed by the smallest imaginary
regular shape or combination of shapes which would fully contain all portions of the sign when
rotated horizontally around the sign.
35.15.t2.2 Abandoned signs and supporting structures.
The owner of any premise on which there is displayed or maintained an abandoned sign or abandoned
supporting structure shall comply with the following requirements:
A. If it is an abandoned portable sign, remove or cease displaying the sign within thirty (30) day s o f the date it
becomes abandoned.
B. If it is a ground sign that does not meet the size, height, setback and other requirements of this Subchapter
and is abandoned on or before March 17, 1993, the owner shall cease displaying the abandoned sign,
remove the sign, modify or rdocate the sign, or put a blank face or other bona fide message on the sign by
June 17, 1993 as is necessary to comply with the requ/rements of this Subchapt~.
C. If the ground sign does not meet the requirements of this Subchapter and is abandoned aRer March 17,
1993, the owner shall cease displaying the sign, remove the sign, modify ur relocate the sign, or put a blank
face or other bona fide message on the sign within ninety (90) days of the date is becomes abandoned, as
necessagr to comply with the requirements of this Subchapter.
D. If a supporting structure used or designed to be used with a ground sign is abandoned on or before March
17, 1993, and the abandoned supporting structure does not comply with the size, height, and setback, or
other requirements apphcable to ground signs, the owner of the premises shall cease displaying the
supporting structure, or remove, modify or relocate the structure, or put a blank face on a sign with a bona
fide message on the supporting structure by June 17, 1993 as necessary to comply with this Subchapter. If
a supporting structure that does not meet the requirements applicable to ground signs is abandoned after
March 17, 1993, the owner shall cease displaying the supporting structure or abandoned supporting
structure; 1) remove 2) modify 3) relocate the structure and put a blank face or bona fide sign on the
supporting structure within ninety (90) days of the date the supporting structure becomes abandoned as
necessary to comply with those requirements. In determining whether the supporting structure complies
with the s/ze requirements applicable to ground signs, the effective area of the can frame, or similar part of
the supporting structure that holds or to which the sign is attached shall be measured in the manner
applicable to signs, except that all air spaces shall be counted.
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E. If an abandoned supporting structure does not have a can, frame, or similar part of the supporting
structure that would hold the sign or to which the sign would be attached, and such a part or face or sign
is placed on the supporting structure, the effective area of the sign or blank face placed on the supporting
structure shall not exceed the requirements of this Subchapter.
F. No abandoned sign or supporting structure which is altered under the provisions of this section shall be
made more non-conforming.
G. Alteringo putting a blank face, or putting a sign on an abandoned supporting structure which is abandoned
after March 17, 1993, and which would be non-conforming and the cost of which exceeds sixty (60)
percent of the reproduction cost of the existing abandoned sign or supporting structure shall not be
permitted unless in accordance with Section 35.15.10.5.A-
I-L Any abandoned sign or abandoned supporting structure displayed or maintained, or not removed,
modified, or relocated in accordance with this Subchapter by the owner shall constitute a violation of this
ordinance, and be considered an unlawful sign and may be removed by the dry in accordance with the
provisions applicable to the removal of unlawful signs or the owner may be prosecuted as provided under
City ordinances or be enjoined from continuing such violation.
I. As used in this section, abandoned supporting structure means the poles, beams, cables, or other materials
that are used or once were used to support a sign or an abandoned sign.
J. If a ground or attached sign that conforms to the regulations of this Subchapter is abandoned, the owner
shall cease displaying the sign and supporting structure or remove same so as not to be visible from art/
public fight-of-way, or paint out or cover the message pox~ion of the sign, or put a blank face on the sign
in accordance with this Subchapter, or place a bona fide message on the message portion so as to leave the
message portion and supporting structure neat and unobtrusive in appearance, within ninety (90) days of
the date k becomes abandoned.
35.15.12.3
Sign face standards.
Standards. The following shall be required for the use, display, maintenance, or permitting of an
alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned:
1. Like material. Only the same or like quality material as that bdmg replaced or that was last installed
and used as a face on or in the abandoned sign or supporting structure may be allowed as the sign
face, or that part of the structure that carries the sign message or that is blanked: The face of the
supporting structure must be one which the supporting structure is designed to support. Painting
over a face is allowed to blank the sign face. Examples: Plastic face replaces plastic face, metal
replaces metal, wood replaces wood face, etc.
2. Sign copy to be unseen on blank faces. Routed, embossed, or raised messages or sign copy must
not be able to be seen, if the face or message is blanked.
3. Colorofblankfaces. Blank faces must be of one color.
4. Covered messages.
a. Painting. Abandoned signs may be painted in order to "blank" the face. However, the paint
must completely cover the sign face or message portion of the structure. The covered, painted
over message must not show through the paint.
b. Abandoned sign. Covered sign faces must be of a material or substance which renders the
resulting sign face completely blank, opaque, and resistant to deterioration. Bleeding or showing
through of a covered message or blanked face shall constitute the displaying or maintenance of
an abandoned sign in violation of this Subchapter.
5. Unlawful to cover sign. No person shall cover signs with bags or tarps of any material.
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Development Code
6. Issuance of permit. No permit shall be issued for which a dilapidated or deteriorated condition
would not be abated.
B. Permit Required. Prior to any alteration of an abandoned sign or supporting structure, a permit for such
shall be required in accordance with the provisions of this Subchapter.
35.15.12.4 Sign Maintenance.
It shall be unlawful for any person to display, erect, locate, relocate, or keep any dilapidated or deteriorated
sign.
35.15.12.5 Wind loads.
All ground, projecting, and roof signs shall be designed and installed to withstand a wind pressure of not less
than twenty (20) pounds per square foot of area and shall be constructed to receive dead loads as required by
the Building Code.
35.15.12.6 Use of state right-of-way.
No person shall cross or park a vehide on a state right-of-way for the purpose of maintaining a sign adjacent to
the fight-of-way.
35.t5.12.7 Inflatable devices.
The following regulations shall apply to any balloon or other type of inflatable device used as a sign:
A. It shall be securely anchored at all times.
B. It shall not extend to a height greater than thirty (30) feet above ground level unless it is attached to the
mol of a building, in which case it shall not extend more than ten (10) feet above the highest part of the
roof.
C. It shall not be allowed to extend over any public street or right-of-way or over any other propetty not
under the control of the permittee.
35.15.12.8 Clearance from electrical lines.
All signs shall comply with the provisions of the latest edition of the National Electric Safety Code.
35.15.13 Portable Signs.
35.15.13.1 Prohibited.
It shall be unlawful for any person to display, maintain, erect, place or relocate any portable or off-premises
(billboard) sign on my premises within the corporate limits and the extratenqtofial jurisdiction of the City of
Denton that is not a registered portable or off-premises (billboard) sign. No new sign permits shall be issued
for portable or off-premises (billboard) signs within the corporate limits and the extraterritorial jurisdiction of
the City of Denton from and after November 5, 1997.
35.15.13.2 Lawful nonconformity.
Any portable sign lawfully existing upon any premises before February 21, 1989, in accordance with the
provisions of any prior ordinance, shall be allowed to remain on that premises as a nonconfomaing portable
sign, if properly registered and continuously maintained in accordance with the provisions of this Subchapter.
35.15.13.3 Lawful nonconformity from November 5, 1997.
Any pottable sign lawfully existing upon any premises within the City's extraterritorial jurisdiction before
November 5, 1997, and am/off-premises (billboard) sign lavdully existing upon any premises within the
co.orate limits and extraterritorial jurisdiction of the City of Denton before November 5, 1997, in accordance
15
Subchapter 15
Development Code
with the provisions of any prior ordinance, shall be allowed to remain on that premises as a nonconforming
portable or off-premises (billboard) sign, if properly registered and continuously maintained in accordance with
the provisions of this Subchapter.
35.15.13.4 Maintenance of nonconforming signs.
A nonconforming portable sign which is properly registered in accordance with this Subchapter, shall not:
A. Be moved to another premises so as to be visible from any public street;
B. If removed from any premises for any reason, be placed on the same premises so as to be visible from any
public street.
35.15.13.5 Anchoring.
All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or
unsafe movement, the sufficiency of such anchorage to be determined by the Building Official.
35.15.14 Regulation of Signs by Zoning Districts.
35.15.14.1 Residential Districts.
The following regulaious shall apply to RD-5, NR-1, NR-2, NR-3, NR-4, NR-6, N-R-12, DR-l, and DR-2
zoning districts, as shown on the offidal zoning district mapof the city:.
A. Permitted and prohibited type. Ground, wall, wind device and temporary signs are permitted in
residential districts. Roof, projecting and off-premises signs are prohibited in residential districts.
B. Effective area and height. No ground sign shall have an effective area greater than fifv/(50) feet or a
greater height than six (6) feet.
C. Setbacks. All ground signs shall maintaha a minimum setback of ten (10) feet from the curbline and any
side or rear yard property line, except that any ground sign may make use of a supporting structure for a
ground sign that was lawfi.tlly erected on or before February 21, 1989, without regard to the side or rear
yard setbacks specified in this subsection, if the sign so placed would not violate any other provision of
this Subchapter. (See Illustration 14a.)
D. Number of ground signs. Only one ground sign which is not a temporary sign, shall be located on any
one premise, except as follows:
1. Any premise having frontage on more than one (1) freeway, arterial or collector street may locate one
(1) on-premise ground sign in the defmed front yard of each street, provided that neither sign is
located within that area that includes the overlapping front yards of both streets.
2. Any premise which has more than five hundred (500) feet of public street frontage on a freeway,
arcea/al, or collector street may make use of one additional sign for each five hundred (500) feet of
additional frontage on that street, or fraction thereof, if each additional sign permitted is located more
than sixty (60) feet from another permireed ground sign on the same premise. The distance between
the signs shall be measured along the curbline, from and between the two (2) points on the curbllne
which are nearest the two (2) signs.
3. Tempormy Signs. See Section 35.15.16.
E. Illuminated sign setback. Any ground sign over ten (10) feet in height and any wall sign over fifteen
(15) feet in height shall maintain the following setback from any property used for a single family residence
or property zoned for single family if the sign would be visible from such propert3~.
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Development Code
Non-illuminated 100 feet
Internally Illuminated 200 feet
Extemally Illuminated 500 feet
The setback shall be measured in a straight line from the district boundary line or residential property line
to the nearest portion of the sign or ks supporting structure. A sign shall be considered visine from a
residential property or district if the sign can be seen from six (6) feet above ground level from any point
on the property or within the district. The setback shall not apply between a sign and a single-family
residence located on the same premise.
35.1 5.1 4.2 Nonresidential districts.
The following regulations shall apply to signs in any zoning district not designated in Section 35.15.14.1:
A. Type. Ground, wall, roof, temporary, wind device and projecting signs are permitted in nonresidential
districts.
B. Effective area and height.
1. Ground signs shall have a maximum effective area and maximum height based on the street frontage
of the property where located, as follows:
IH 35N, 35E, or 35W 250 sq. ft. 40 ft. 300 sq. ft.
Loop 288 150 sq. ft. 30 ft. 200 sq. ft.
Other primary arterials 60 sq. ft. 20 ft.* N/A
All Other Streets 60 sq. ft. 6 ff. N/A
*Except for the Central Business districts.
2. Any premise may make use of one (1) on-premise ground sign of a maximum height of fifteen (15)
feet and an effective area of one hundred twenty (120) square feet, in lieu of any two (2) permitted
ground signs.
3. For any premise which has frontage on a primary arterial street and has more than one (1) tenant or
occupant in separate offices, rooms, or buildings, the effective area of one (1) ground sign, if used to
advertise more than one (1) tenant or occupant, may be increased above sixty (60) square feet by 0.5
square feet for each foot of frontage on the primary arterial, but not in excess of one hundred fifty
(150) square feet.
C. Setbacks. Ground and projecting signs shall maintain a minimum setback of twenty (20) feet from the
curNine of any punic street and a minimum setback of ten (10) feet from any side or rear yard property
llne, except as follows:
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Subehapter 15
Development Code
1. A ground sign may make use of a supporting structure for a ground sign that was lawfully erected on
or before February 21, 1989, without regard to the side and rear yard setbacks specified herein, if the
sign so placed would not violate any other provision of this Subchapter.
2. On properties fronting primary arcexials, the minimum setback of twenty (20) feet for ground signs
may be reduced up to a minimum of fifteen (15) feet from any curbline, if the height of the sign is no
higher than the setback (i.e., setback = 18 f% height = 18. ft or less).
D. Number. Only one (1) on-premise ground sign which is not a temporary sign shall be located on any one
(1) premise, except as follows:
1. Any premise which has street frontage upon more than one (1) freeway, arterial or collector street,
may locate one (1) on-premise ground sign in the defined front yard of each arterial or collector street,
provided that neither sign is located within that area thax includes the overlapping front yards of both
streets.
2. Any premise which has more than five hundred (500) feet of street frontage on a freeway, arterial or
enllector street may make use of one (1) additional on-premise ground sign for each additional five
hundred (500) feet of frontage, or fraction thereof, if each additional sign permitted is located more
than sixty (60) feet from another permitted ground sign on the same premise. The distance between
the signs shall be measured along the curbllne, from and between the two (2) points on the curbllne
which are nearest the two (2) signs.
E. Spacing Requirements.
1. Off Premises Signs. No off-premises ground sign shall be located within one thousand five
hundred (1,500) feet of another off premises ground sign on the same side of a public street. The
measurement shall be between the two (2) points on the curblines which are closest to the respective
signs, along and parallel to the cttrbline and across any intervening street intersections.
2. Signs and Residential structures. Any ground, roof, or projecting sign over ten (10) feet in height
and any wall sign over fifteen (15) feet in height, shall maintain the following setback from any single
family zoning district or property used for a single-family residence if the sign would be visible from
that district or properc3e.
Non-illuminated 100 feet
Internally illuminated 200 feet
Externally Illuminated 500 feet
35.15.14.3
The setback shall be measured in a straight line from the district boundary line or residential property line
to the nearest portion of the sign or its supporting structure. A sign shall be considered visible from a
residential property or district if the sign can be seen from six (6) feet above ground level from any point
on the property or within the district. The setback shall not apply between a sign and a single farn~y
residence located on the same premise.
Planned development districts.
The regulations for signs located in planned development zoning districts shall be contained in the
ordinance or concept or detailed plan approved for the district, except that no off-premises signs shall be
permitted. Should the regulations for signs be omitted from an ordinance or concept or detailed plan for
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the district, the sign regulations that, would be applicable to the most restrictive comparable zoning district
dasslficarion, based upon the land uses permitted therein, as determined by the Director, shall be applied
to the district or part thereof for which the regulations were omitted.
B. Deviations from the standards in this Subchapter may be considered if the continuous street frontage in
the planned development district is less than that required for consideration of approval of a Special Sign
District.
C. Deviations from the standards in this Subchapter may be approved as long as the deviations equally meet
the objectives of this Subchapter, such deviations are necessitated b the design of the development within
the planned development district, and such deviations are found to meet the criteria as that for creation of
a Special Sign District pursuant to Section 35.15.17.
D. Approval of deviations from general sign standards shall be supported by written findings approved bythe
City Council or the Planning and Zoning Commission, if the Planning and Zoning Comm/ssion is
authorized to approve a detailed plan in accordance with Ardde IV of Chapter 35.
35.15.14.4 Central business districts.
The following regulations shall apply to signs in the Central Business District:
A. Type. Ground, wall, roof, tempora-9', wind device, projecting, and sandwich board or "Ax frame signs are
permitted in central business districts.
B. Effective area and height. No ground or roof sign shall have an effective area greater than sixty (60)
feet, and no ground sign shall have a height greater than six (6) feet.
C. Right-of-way limitation on projecting signs. No projecting signs shall project or extend into the public
right-of-way for a distance of more than ten (10) feet or within two (2) feet of the nearest curbline,
whichever is more restrictive. No projecting sign, supporting structure or part thereof which extends into
the public right-of-way shall occupy any of the space between the ground level and eight (8) feet above the
ground level in the right-of-way.
D. Sandwich board signs or "A" frame signs must conform to the following regulations:
1. Maximum sign height shall be three (3) feet.
2. Maximum sign width shall be two (2) feet and signs shall not be placed in front of adjoining property
and no portion of the sign shall extend more than three (3) feet from the building face.
3. Signs muse be properly anchored (temporarily) or weighted agalnst the wlnd.
4. A minimum dear sidewalk width of forth-eight (48) inches shall be maintained.
5. Chalkboards may be used for daily changing messages and no changeable letter on tracks may be
6. Signs shall be designed and constructed so as to promote and not visually obscure the sigrfificant
architectural features of the National Register District and its buildings.
7. Signs must be removed after business hours.
8. No other pottable signs are permitted.
9. Sidewalks must be at least ten (10) feet wide in order to erect or maintain a sandwich board or "A'
frame sign.
10. Permits fees for applications, renewals, alterations, and variances shall be set by dty council as for
other signs in this chapter. Applications for sandwich board or "A' frame signs must be approved by
the City of Denton H~storic Preservation Officer before the issuance of a permit and all applications
must be submitted for Officer approval at least fourteen (t4) days prior to installation.
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Development Code
11. Permits for sidewalk or "A' frame signs shall be valid for the location designated on the application
for one (1) year. Permits may be transferred to another owner after payment of a transfer fee set by
city council.
12. Any variance to the requirements for sandwich board or "A' frame signs will be handled the same as
any other sign variance. The Board of Adjustment in considering any variance request regarding
sandwich board or "A' frame signs shall consider any recommendation made by the I-fistoric
Landmark Commission regarding the application.
35.15.15 Attached Signs.
35.15.15.1 Scope.
In addition to any other applicable regulations, the regulations in this section for attached signs shall apply to
the type of sign specified in all zoning districts.
35.15.15.2 Roof signs; Projection.
Roof signs and their supporting structures shall not extend latera~y beyond the exterior wails of th~ building
and shall have a maximum height and effective area as follows:
1 55% of bldg. Height 60 sq. f.
2 36% 75 sq. f.
3 to 5 30%
6 to 9 25%
10 to 15 23%
16 or more 40 feet
* For each story above two (2) stories, the effective area of tho sign may bo
increased by fifteen (15) square feet per story, to a maximum of two hundred
fifty (250) square feet,
35.15.15.3 Projecting signs.
A. Construction. All projecting signs shall be securely attachedto the buildlng or structure.
B. Projection beyond roof. A projecting sign shall not extend upward to a bright greater than the highest
part of the roof or any exterior wall, whichever is higher.
C. Size. The total square footage of all projecting signs shall not exceed twenty (20) percent of the wall area
on which such signs are located.
35.15.15.4 Signs on common buildings.
When one (1) or more attached signs are located on a building which is divided and contains more than one (1)
bus'mess or use, the regulation of such attached signs as to size and projection shall apply separately to the part
of the exterior walls which contain that business or use.
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35.15.16 Temporary Signs.
35.15.16.1 Temporary Signs.
A temporary sign shall be considered a ground sign and shall be permitted only according to the standards for
ground signs except that a temporary sign not larger than thirty-two (32) square feet in effective area need not
be permitted if:
A. The supporting structure of this sign is not larger than one in which two perimeter dimensions are greater
than four (4) inches or one in which the diameter is not greater than four (4) inches;
B. No more than one (1) off-premises sign advertising the sale or lease of one (1) piece of real property or
one (1) real estate subdivision or development sign is placed on any one (1) premise;
C. No temporary sign shall be located within any public street median or within ten 00) feet of any curbline;
and
D. The temporary sign shall be removed or cease to be displayed within ten (10) days after the event being
communicated or advertised on the sign has occurred.
35.15.16.2
A.
Wind device signs.
Wind device identification tag. The Building Offidal or his designee shall issue a registration tag to the
wind device permittee. The wind device permittee shall cause the tag to be affixed in a conspicuous place
on the permitted wind device.
The provisions of this Subchapter regulating wind device signs shall not apply to the following:
1. Texas or U.S. flags. No permit shall be required to display one (1) U.S. or one (1) Texas flag, or
both, on any one premise. If the exempted flags are displayed on flagpoles in the manner of a ground
sign, the number, height, size, and spacing requirements applicable to ground signs shall not apply,
but the flags and poles shall maintain the required setbacks for ground signs.
2. Exempted flag. On a premise, no permit shall be required to display one (1) flag that meets the
following standards:
a. The exempted flag is displayed on a flagpole in the manner of a ground sign, the number and
spacing requirements applicable to ground signs shall not apply, but the flag and poles shall
maintain the required setbacks for ground signs.
b. The exempted flag shall have a maximum effective area of fifty (50) square feet and a ropY;mum
height of thirty (30) feet, unless it is used on the same flagpole used to display a national or state
flag.
35.15.17 Special Sign Districts.
35.15.17.t Purpose.
The purpose of a special sign district is to allow properties to deviate from the sign regulations of this
Subchapter if a qualifying property has an alternate comprehensive plan that is dearly superior to what could be
accomplished under standard regulations.
35.15.17.2 Application and plans.
Any person requesting the creation of a special sign district, or amendment of a sign district, shall submit an
application, the fee and the required plan, along with any other information specified by the Director.
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35.15.17.3 Sign plan.
The sign plan for the district shall show, in the form and manner specified by the department, the location,
setback, size, dimensions, height of all signs regulated by this Subchapter, any other conditions, restrictions, or
regaladons that will apply to the district, and any other information spedfied by the department, the
commission, or council needed to adequatdy evaluate the sign plan. Such information may include, but is not
limited to, information concerning the items noted in Section 35.15.17.4.
35.15.17.4 Creation, Review of Plan, Criteria.
The City Council may approve the creation of a sign district for any property which has more than three
hundred (300) feet of continuous street frontage on one (1) public street if k finds the district:
A. Provides a comprehensive plan for signs that would be dearly superior m what would be allowed without
the plan;
B. Would be compatible with surrounding properties. In considering whether a district and sign plan is
"compatible" and "clearly superior", the commission and council shall consider, but are not limited to
considering the following:
1. Scale. The reladunship between and compatibility of sign scale, ske scale and the scale of nearby
buildings.
2. Color. The rdationship between and compatibility of sign color to the color of nearby buildings and
landscaping: The degree to which sign colors are complimentary to ks surroundings.
3. Material. The materials of the signs and how they relate to their surroundings.
4. Shape. The shape and design of the signs and how they relate to their surroundings.
5. Landscaping. The rdationship of signs to landscaped features in and outside the distdet.
6. Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to
which view obstructions are created or improved, avoidance of confusion with or obstruction of
traffic control signs and devices, and the time k takes a motorist to read the sign.
7. Illumination. The impact and compatibility of sign illumination within the distdct and in relation to
neighboring properties. The avoidance of glare and light pollution.
8. Integration. How the signs in the district are integrated into a unified development concept with the
topography, building design, other signs, landscaping, traffic circulation and other development
features on the district and nearby property.
a. Is not being used merely to avoid or gain a variance of the sign regulations;
b. Does not violate the spirit or intent of the sign regulations; and
c. Complies wkh the requirements of this section.
35.15.17.5 Conditions imposed.
The Planning and Development Department and the Planning and Zoning Commission may recommend and
the city council may impose appropriate conditions concerning the placement, design or use of signs in the
district in order to protect surrounding properties, the community, and comply with the intent of this
Subchapter.
35.15.17.6 Procedures.
The procedures for approval of a sign district and thereafter any amendment of the district, shall be the same as
those applicable to a change in zoning classification or regulations.
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Development Code
35.15.17.7 Designation on zoning map.
Property approved as a spedal sign district shall be shown on the official zoning map with the abbreviated
designation ~SD".
END
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