Ord 2024-10 – Regulating Banners
Nov 8, 2024
ORDINANCE NO. ____2024-10____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEYMOUR, BAYLOR COUNTY, TEXAS, TO REGULATE BANNERS, PROJECTING SIGNS, AND AWNINGS TO INCLUDE THE PERMITTING OF SUCH, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that the regulation of banners, projecting signs, and awnings is in the best interest of the community and travelers in and through in the interest of safety
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, BAYLOR COUNTY, TEXAS, THAT:
Sec. 10.216 – Permit for street banners or streamers.
It shall be unlawful for any person to place or install any banner, streamer or similar device across any street or alley in the city without first obtaining a permit from the city manager.
Sec. 10.217 – Minimum clearance for projecting signs, awnings, etc.
Any sign, awning, or marquee or other device which projects over any sidewalk in the city shall be so located as to leave a clearance of at least seven (7) feet between the lowest portion thereof and the sidewalk. In the event such sign, awning or other device projects over any portion of a public street, such minimum clearance shall be sixteen (16) feet.
Sec. 10.218 – Design review far Banners and permit required.
(a) No person shall erect, construct, alter, relocate, or otherwise display a banner spanning a state highway or city street without first obtaining a permit from the city secretary unless specifically exempted herein. All applications shall be reviewed and approved by the city administrator or the city administrator’s designee before the permit can be granted by the city secretary.
(b) Each application for a banner permit shall be accompanied by such drawings, descriptions and specifications as are determined necessary by the city administrator or the city administrator’s designee.
(c) Whenever the city secretary finds a banner erected after the effective date of this division and which was erected, constructed, altered, repaired, or relocated in violation hereof, the city secretary shall require the party responsible for such sign to remove same. If the party responsible fails to remove said sign within three (3) working days after being so notified, or if it appears to the city secretary that the illegal sign placement poses an immediate danger to the public, such sign may be removed by the city at the expense of the party responsible. Any banner so removed shall be stored or impounded and shall not be returned to the party responsible until all applicable fees are paid. If any banner remains unclaimed for a period of thirty (30) days after its removal, or if the removal and storage costs are not paid within the thirty-day period, the city may destroy, sell, or otherwise dispose of the banner.
(d) The permit fee is one hundred dollars ($100.00) per sign. The permit fee is double if an individual or business constructs a sign without prior authorization from the City of Seymour. The fee is only waivable to the Chamber of Commerce and City of Seymour itself.
(e) After a banner permit has been issued by the city secretary, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of said banner permit without prior review and approval by the city secretary.
(f) Allowable banner topics: Public service community service, Chamber of Commerce events, Tourism advertising
(g) Not permittable banner topics: Political Information, Real Estate,
Sec. 10.219. – Maintenance of banners and replacement of legally nonconforming banners.
(a) All banners and banner support shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, sign lighting not maintained in operating condition and other visual damage shall be repaired. If not, the city secretary shall cause said sign to be removed or repaired within thirty (30) days of notification. Ordinary maintenance of all banners is permitted without obtaining a permit. Ordinary maintenance shall mean the refurbishment of banner as they exist with no substantial alteration. Replacement or redesigning of any part of a banner, shall be considered as new signage, subject to the review and permitting procedure.
(b) A current and valid banner permit shall be freely assigned to a successor as owner of the property or business operated under the same name until such sign or banners are altered.
Sec. 10.220. – Freestanding signs allowed that require design review and permit application.
High profile banners. High profile banners are only allowed on the following major traffic routes:
(1) US Hwy 283 Bus
(2) Washington Street between Neveda & Morris St Intersections
| Sign Classification | Maximum Area (Square Feet) | Maximum Height (Feet) | Maximum Number of Signs per Lot (Street Frontage) |
| High Profile Banner | 225 | 28′ | 1 sign per 400′ of frontage |
Sec. 10.221. – Meritorious exceptions/variances.
- In the development of the criteria herein, primary objectives are to ensure professionalism, aesthetic uniformity and public safety while guarding against over-control of property rights.
It is not the intent of this division to discourage innovation; instead it is the intent of this division to assist business owners with their professional image. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming and thus not allowable under the criteria herein, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. Such proposals will be seriously and fairly considered by city council.
- The city council may hear appeals of the denial of a permit.
Sec. 10-222. – Definitions.
For purposes of this division, the following definitions shall apply:
Altered: A change of copy, logo, or other means by which the message is changed or enlarged, changing shape or location.
Awning sign: Any sign painted or applied to the face, valance, or side panels of an awning.
Banner: A temporary sign made of fabric, plastic, paper, or other light, pliable, or nonrigid material, not enclosed in a rigid frame.
Canopy: Any structure attached to a building at the inner end or a freestanding structure, with one (1) or more supports, meant to provide shelter from the weather.
Charitable project or benefit: Proceeds must be for a qualified 501C entity pursuant to the Internal Revenue Service Code.
Conforming sign: Signs built and maintained in accordance with the terms of this division.
Copy: The wording or graphics on a sign surface.
Erect: To build, construct, alter, reconstruct, pour, lay, move upon, attach, hang, place, suspend or affix, and also includes the painting of wall signs, murals or super graphics, or any physical operations on the premises which are required for the construction of a sign including excavation, site clearance, landfill and the like.
Hanging sign: Any sign suspended from an awning or canopy.
Height of sign: The vertical distance measured from the surrounding grade to the highest point on the sign or sign structure.
Legally nonconforming: Signs existing on the effective date of the adoption of this division which are not in conformance with this division.
Logo: A letter, character, or symbol used to represent a person, corporation, or business enterprise.
Marquee: Any permanent roof-like or awning structure at the entry to a building, which projects beyond the building or extends along and projects beyond the wall of the building, and which generally contains a commercial message(s), and is designed to provide protection from the weather.
Owner: A person recorded as such on official records and including duly authorized agent, notary, purchaser, lessee, devisee, or judiciary; anyone having a vested or contingent interest in the property or business in question.
Person: Any natural person, firm, partnership, association, corporation or organization of any kind.
Political sign: Any sign which is designated to influence the action of voters for the passage or defeat of a candidate or a measure appearing on the ballot in connection with any national, state or local election.
Premises: An area of land, with its appurtenances and buildings, which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting sign: Any sign attached to and placed perpendicular to a building facade.
Property: A parcel, tract, plot or area of land accessible by means of a street or other permanently reserved principal means of access. It may be a single parcel separately described in a deed or plat, or it may include parts of or a combination of such parcels when adjacent to one another and used as a whole.
Public service (community service sign): A sign which solicits support for or advertises a nonprofit community use, social institutions, or public use. Such signs may include, but shall not be limited to, seasonal holidays such as Christmas or Easter, school activities, charitable programs, religious activities, or location of places or events of community or tourist interest and may include business advertising provided that the same shall constitute not more than twenty-five (25) percent of the sign.
Real estate “for sale,” “for lease,” or “open house” sign: A temporary sign designating that the premises upon which it is erected are for sale, rent, or lease or that an open house is being held on the day on which the sign is displayed.
Sign: Anything of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks, or other curbside public areas for identification purposes, whether illuminated or nonilluminated. An identification logo, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, service, institution or business, whether illuminated or nonilluminated. For the purposes of this division, this definition shall also include those signs painted directly upon a building or other structure or vehicle. For the purposes of removal, the definition of “sign” shall include all of the sign structure.
Sign area: The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure of any surface which is comprised of a masonry material which matches the masonry of the site’s primary building.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, BAYLOR COUNTY, TEXAS THIS THE _22nd__ DAY OF ___August____, 2024.
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Mayor Mark McCord
ATTEST:
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City Secretary Lauren Bush