O414 (Signs)ORDINANCE NO. 414
AN ORDINANCE ADOPTING A NEW ARTICLE VII "SIGNS" OF CHAPTER 17
"PLANNING AND LAND DEVELOPMENT" OF THE CODE OF THE CITY OF
KENNEDALE, TEXAS (1991), AS AMENDED, PROVIDING FOR REGULATIONS
OF SIGNS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Kennedale desire to adopt the regulations of signs within the City and its Extraterritorial
Jurisdiction, as provided herein; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend the sign regulations as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Article VII, "Signs" of Chapter 17 of the Kennedale City Code is hereby amended to read
as follows:
ARTICLE VII. SIGNS
Sec. 17-501 Purpose and Intent
The purpose of this article is to create the legal framework for a comprehensive and balanced
system of signage in the City. These regulations are intended to provide an easy and pleasant
communication between people and their environment and avoid visual clutter that is potentially
harmful to traffic and pedestrian safety, property values, business opportunities, and community
appearance. In addition to protecting the health, welfare, and safety of the community, these
standards are adopted in order to:
• Maintain and enhance the aesthetics of our community;
• Enhance automobile and pedestrian safety;
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• Encourage the integration of signage with landscaping and building design;
• Protect and enhance scenic views and natural landscapes;
• Protect and enhance economic viability of the City's commercial corridors by assuring
aesthetic appeal to businesses and residents alike;
• Promote the use of aesthetically pleasing sign materials, colors, and types; and
• Require safe and effective signage.
Sec. 17-502 Definitions
ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to
administer this article, or the department director's designee.
ALTER: To change the size, shape or outline, or type of sign or to change the electrical lighting,
except for the replacement of lamps not brighter than the original or the replacement of a surface
panel.
ARCHITECTURAL DETAIL: Any projection, articulation, relief, cornice, column, change of
building material, window, or door opening on any building.
ATTACH: To stick, tack, nail or otherwise affix a sign to any object.
BUILDING: A structure which has a roof supported by walls forthe shelter, support, orenclosure
of persons, animals, or chattel.
CERTIFICATE OF OCCUPANCY (C.O.): An official certificate issued bythe Citywhich indicates
conformance with building, zoning, and health and safety regulations and authorizes legal use
and occupancy of the premises for which it is issued.
CIVIC ORGANIZATION: An organization which offers community programs to citizen, City or
civic affairs groups.
FACADE: Any separate face of a building, including parapet walls and omitted wall lines, or any
part of a building which encloses or covers usable space. Where separate faces are oriented in
the same direction, or in the directions within 45 degrees of one another, they are to be
considered as part of a single facade.
FUND RAISER: An activity that takes place for the sole purpose of raising funds to support
community service organizations, public charities, or non-profit organizations.
HEIGHT: As applied to a sign, height shall be measured as the vertical distance between the
highest part of the sign or its supporting structure, whichever is higher, and finished grade at the
center of the base of the sign.
ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other
similar means.
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KIOSK SIGN PLAZA: Sign Structure featuring removable panels below for the purpose of
directing traffic to the location of the destinations described on the removable panels.
LOGO: Any registered or recognized symbol, letter, or combination of symbols and letters used
by an organization, individual, company, or product for advertising to identify that organization,
individual, company, or product.
MASONRY MATERIALS: Masonry materials include brick, stucco, concrete, concrete tilt wall,
stone, or other masonry or materials of equal characteristics, excluding cement fibrous siding.
PUBLIC PROPERTY: Any property which is owned by a governmental entity. It shall also include
property for which the primary use is for the operations of a governmental entity.
RIGHT-OF-WAY (R.O.W): A strip of land, other than a drainage or utility easement, occupied or
intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or
gas pipeline, water main, sanitary or storm sewer main, or for another special purpose.
SEARCHLIGHT: A beacon of high-intensity light used to attract attention to a location.
SETBACK: The distance from the closest portion, whether the support or edge of the sign, to the
property line.
SIGN: Every sign, name, number, identification, description, announcement, declaration,
demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer,
valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the
same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or
maintained upon a piece of land, which directs attention to any object, project, service, place,
activity, person, institution, organization, or business.
SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building
(including canopy fascia, walls and awnings) which encloses or covers usable space.
SIGN, BALOON: Any inflatable sign or inflatable advertising figure.
SIGN, BANNER: An on premises sign made of cloth, flexible plastic or canvas material.
SIGN, BLADE: An attached sign oriented perpendicular to the face of the building which projects
beyond the surface of the building to which it is affixed or supported.
SIGN, Changeable Electronic Variable Message (CEVMS): shall mean a sign which permits light
to be turned on or off intermittently, or which is operated in a way whereby light is turned on or
off intermittently, including any illuminated sign on which such illumination is not kept stationary
or constant in intensity and color at all times when such sign is in use, including an LED (light
emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not
include a sign located within the right-of way that functions as a traffic control device and that is
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described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by
the Federal Highway Administrator as the National Standard.
SIGN, DEVELOPMENT/CONSTRUCTION: A temporary on premises sign that pertains to a new
development that is approved or under construction.
SIGN, DIRECTIONAL: A permanent on premises attached sign intended to aid in vehicular
movement on the site.
SIGN, DIRECTORY: A permanent on-site attached or monument sign providing direction to or
identifying the buildings in the development.
SIGN, ELECTRONIC READER BOARD /MESSAGE BOARD: means a sign composed of a
matrix of individual bulbs or lights which are capable of displaying lights in a running or
continuous fashion so as to provide transient pictures or information.
SIGN, EXISTING BUILDING FOR SALE/LEASING: An on premises sign intended to advertise a
building or buildings for sale or lease after the building(s) have been occupied for a year or more.
SIGN FACE: The surface of one side of a sign.
SIGN, GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or
an agency thereof.
SIGN, HOLIDAY: Any sign that is associated with the celebration of a recognized holiday or
celebration.
SIGN, MONUMENT: Any sign which is connected to the ground and which has no clear space
for the full width of the sign between the bottom of the sign and the surface of the ground. A
monument sign includes a sign face and sign structure, and may also include a sign base and
sign cap.
SIGN, OFF PREMISES: shall mean any sign, including billboards, that advertises a business,
person, activity, good, product or service not located on the premises where the sign is installed
and maintained, or that directs persons to a location other than the premises where the sign is
installed and maintained.
SIGN, ON PREMISES: Any sign, the content of which relates to the site on which it is located,
referring exclusively to businesses, commodities, services, products, goods, or entertainment on
the site, or the sale, lease, or construction of those sites.
SIGN PANEL: Any separate, single panel or piece of material containing a word or symbol,
legend or individual message that is affixed to the face of a sign.
SIGN PERMIT: The official authorization by the City to alter, erect, or display any sign not
exempted by this article.
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SIGN, POLE: An on premises sign supported by and placed upon not more than two (2) poles.
SIGN, POLITICAL: A type of off premises sign which refers only to the candidates or issues
involved in a political election.
SIGN, PORTABLE: Any sign which is not attached or affixed to the ground, a building, vehicle, or
other fixed structure or object. Portable signs include those signs installed on wheels, trailers,
skids, and similar mobile structures.
SIGN, READERBOARD (manual): A sign comprised of nonpermanent letters, numerals or
symbols, which allows a change of sign copy by adding, removing or rearranging said letters,
symbols or numerals.
SIGN, ROOF: Any sign that is:
(1) Erected on a vertical framework supported by and located immediately and entirely
over the roof of a building; or
(2) Attached to a fascia extending above or below the projection of the fascia; or
(3) Painted or otherwise affixed on a roof; or
(4) Displayed above the eave line of a sloped roof or parapet of a flat roof.
SIGN, SANDWICH BOARD: A portable sign consisting of two panels of equal size, which are
hinged at the top and placed on the ground or pavement so as to be self-supporting.
SIGN, SPECIAL PURPOSE: A temporary sign that is either on premises or off premises that
provides identification or information pertaining to a special event or occurrence sponsored by a
non-profit or civic organization.
SIGN, SUBDIVISION ENTRY: Any permanent on premises sign identifying a residential
subdivision.
SIGN, TEMPORARY: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or
other like materials, with or without frames, and any type sign not permanently attached to the
ground, wall, or building, intended to be displayed for a short period of time only.
SIGN, VEHICULAR: Any sign which is attached to or supported by a vehicle or trailer, or is
located within a vehicle and is yet visible.
SIGN, WIND: Atemporary accessory sign which achieves movement and thus attracts attention
by action of wind or moving air.
SIGN, WINDOW: Any sign affixed to any internal and/or external surface of a window.
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SITE: A lot, tract or building pad.
WINDOW AREA, AGGREGATE: The sum total of all the window area on a facade per tenant.
Sec. 17-503 Administration and Enforcement
(a) Responsible authority. The City Manager shall appoint the Administrative Official who
shall administer and enforce the terms and conditions of this article.
(b) Duties. The Administrative Official shall periodically inspect each sign regulated by this
article for the purpose of ascertaining whether the same is obsolete and whether it is in need of
removal or repair.
(c) Whenever any work for which a permit is required by this article has been commenced or
completed without first obtaining a permit, a special investigation shall be made before a permit
maybe issued for such work. An investigation fee, in addition to the permit fee, may be collected
whether or not a permit is then subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required by this article.
(d) The following signs shall be removed based on the determination of the Administrative
Official:
(1) If the Administrative Official determines that any sign is unsafe or insecure, or is
dilapidated or deteriorated, he shall give written notice to remove or replace (in
accordance with this article) said sign to the person or persons responsible for
such sign.
(2) If the permit holder, owner of the sign or owner of the site on which the sign is
located fails to remove or repairthe sign within ten (10) days after such notice orto
file an appeal of the decision in accordance with this article, the Administrative
Official is hereby authorized to cause the removal of such sign.
Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or
portion of a sign which is determined by the Administrative Official to be an immediate threat or
danger to the public health, safety, or welfare. Any expense incident to the removal of a sign
pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the
site on which the sign is located. The removal of the sign or portion of the sign shall be limited to
the extent necessary to eliminate the threat to the public health, safety, and welfare.
Sec. 17-504 Permit Regulations
(a) Permit required. No sign, unless exempted under Section 17-515 and Section 17-516,
shall be erected, displayed, or altered within the City of Kennedale without a duly approved sign
permit from the City. The Administrative Official shall ensure that all sign permits are granted
only in compliance with the provisions of this article.
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(b) Application for permit. All applications for permits under this article shall include a drawing
to scale of:
(1) Sign that illustrates height, length, width, and all other dimensions associated with
the sign.
(2) All existing signs maintained on the premises and visible from the right-of-way
immediately adjacent to the premises.
(3) Position of the sign in relation to rights-of-way, easements, buildings, structures,
existing signs, etc.
(4) The plot plan or building facade indicating the proposed location of the sign; and
(c) Owner's Consent. All applications for permits under this article shall include the written
consent of the owner of the premises, or if the owner of the premises is not the responsible party
for the premises, the written consent of the responsible party.
(d) Fees. All fees for sign permits shall be in accordance with the current fee schedule
adopted by the City Council.
(e) Action on permit. The Administrative Official shall review a permit application and make a
decision on whether to grant or deny the permit within fourteen (14) days of submittal of a fully
completed application. If additional information is required of an applicant in order to complete
an application, the applicant shall be notified of that fact within fourteen (14) days. Thereafter,
the Administrative Official shall make a decision on whether to grant or deny the permit within
fourteen (14) days of receiving the additional information or a written certification from the
applicant that the application is complete.
(f) Permit Expiration. If the work authorized by a permit issued underthis article has not been
commenced within one hundred eighty (180) days after the date of issuance, the permit shall
become null and void.
(g) Revocation of permit. The Administrative Official may suspend or revoke any permit
issued under the provisions of this article whenever it is determined that the permit is issued in
error or on the basis of incorrect or false information supplied, or whenever such permit is issued
in violation of any of the provisions of this article or any other article of this City or laws of this
state or the federal government. Such suspension or revocation shall be effective when
communicated in writing to the person to whom the permit is issued, the owner of the sign, or the
owner of the site upon which the sign is located. Upon such revocation, all construction related to
the revoked permit shall cease.
(g) Appeal of denial or revocation of permit. A person may appeal the revocation of the sign
permit to the Building Board of Appeals by filing an appeal in accordance with this article. The
Building Board of Appeals shall affirm, reverse, or modify the suspension or revocation and such
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decision shall be final. Upon final determination that the permit is properly revoked, any portion
of the sign in place as a result of the permit shall be removed within 10 days by the owner of the
sign or the owner of the site on which the sign is located. Failure to remove the sign shall be
deemed a violation of this article.
Sec 17-505 Temporary Signs Requiring a Permit
Table 1: Regulations for Temporary Signs Requiring a Permit
TYPE OF Sign Standards Number of Duration Other Standards
SIGN Si ns
Attached to the Building Grand Opening
Maximum Sign Area is 60 1 per lease 30 Days twice per Banners permitted in
Banner s.f. space calendar year. addition to the two
Width of Banner shall not banner permits allowed
exceed storefront width. in a calendar ear.
Attached or ground 5 off 30 Days; Must be For events sponsored
by non-profit and civic
Special Maximum Height of 9 feet premises removed within 3 organizations. The
Purpose Sign for ground signs. signs and 1 days after
angle for V-shaped
Maximum Sign Area is 64 on premises termination of signs shall not exceed
s.f. sign event. 90 de rees.
No part of balloon or
Attached or Ground 30 days, twice per tether shall cross any
Balloon Maximum Height of 75 calendar year with property line, public
Signs/ feet from ground to top of 1 per street a 60 day ROW, or O/H utility
Inflatable balloon. frontage separation line. The balloon must
Balloon size cannot
' between permits. be securely attached at
diameter.
exceed 5 all times.
Maximum
twice per
30 days At or behind the
Search Light one unit on ,
calendar year property line; not to be
remises laced on ublic ROW.
No part of sign or
apparatus shall cross
Wind Sign
Maximum Height of 30 Maximum
30 days, twice per any property line,
public ROW, or O/H
(Moving air feet one unit on calendar year utility line. The
sign) premises apparatus must be
securely attached at all
times.
Sec. 17-506 Exempt Temporary Signs
(a) Local, state and national government agencies, agencies affiliated with government
agencies, Kennedale Independent School District, and non-profit organizations are allowed to
have temporary signs/banners for promotion of community events occurring within Kennedale
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and information regarding community services occurring or operating within Kennedale in
accordance with the following: (A permit is not required.)
(1) The temporary sign/banner shall be allowed up to five (5) times per calendar year.
(2) Signs shall be placed a maximum of seven (7) days prior to each event and shall
be removed within one (1) day following the event.
(3) One (1)temporary on-premise sign/banner not exceeding eight feet (8') in height
and thirty-two (32) square feet in total area is allowed. The temporary on-premise
sign/banner shall be located on the property owned by the entity requesting the
sign. Only one (1) sign shall be permitted per street intersection at any given time.
Sec. 17-507 Permanent Signs Requiring a Permit
(a) Sign Regulations
(1) Each lease or tenant space shall be permitted only one attached sign per street
front with a maximum of two attached signs per tenant/tease space.
(2) The dimensions of each of the two signs shall be based upon the street typology
that the respective building facade fronts on.
(3) Signs may be illuminated with internal lighting. No exposed neon is permitted.
(b) Monument Sign Regulations
(1) The sign base and sign structure shall be brick, stone, or masonry material
matching the front facade of the building. The sign face shall be framed on the
sides by a minimum of 6" of brick, stone, or masonry material matching the front
facade of the building.
(2) Maximum total height is measured from the finished grade at the center of the
sign.
(3) Address numbers are required on business monument signs. If the area of the
address number is 5 square feet or less, the area will not count toward the
maximum sign face area. The address numbers can be placed in or encroach into
the masonry perimeter.
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Table 2: Sign Design Standards
ZONING / SIGN SIGN SIZE SET NUMBER
/ USE TYPE AREA (Sq. Ft.) HEIGHT (Ft.) BACK
0.5 Sq. Ft. per
~ Attached4 Linear Foot of Roofline
~~ Non -Residential Street Front;
N Max. 50 Sq. Ft.
Use er Si n
a~
-°
Monument
32 Sq. Ft.
5 Ft.
None
1
a~
o!
Max. 400 Sq. Ft.
Attached4 Shall not exceed 25
facade
Non-Residential Zoning2
10 Sq. Ft. 10 Ft. 10 Ft.
Pole 1 s
I-20 Frontage
Road Only 32 Sq. Ft. 30 Ft. 5 Ft.
Pole Si ns
Monument 1/2 Sq. Ft. per
Linear Foot of
Street Front; 7 Ft. None
Max. 100 Sq. Ft.
er Si n
Notes:
1. Zoning Districts AG, R-1, R-2, R-3, D, & OT and PD as approved
2. Zoning Districts MF, MH, C-0, C-1, C-2 & I and PD as approved
3. A lot that has more than four hundred fifty (450) feet of street frontage along a public street may have one (1)
additional detached sign for each additional three hundred (300) feet or fraction thereof of frontage. Additionally, a Lot
that has at least three hundred (300) feet of frontage along more than one (1) public street, other than an alley, may
have a permanent detached sign along each public street.
4. The effective area of any individual or combination of attached signs shall not exceed twenty-five (25) percent of
the area of the facade on which the sign is attached and the width of an individual attached sign shall not exceed
seventy-five (75) percent of the width of the wall on which the sign is attached.
5. The following regulations apply:
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(a) Each lease or tenant space shall be permitted only one attached sign per street front with a
maximum of two attached signs per tenant/lease space.
(b) The dimensions of each of the two signs shall be based upon the street typology that the respective
building facade fronts on.
(c) Signs may be illuminated with internal lighting. No exposed neon is permitted.
6. The sign must be closer to I-20 Frontage Road right-of-way than any other right-of-way.
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Table 3: Special Sign Standards
TYPE OF Sign Standards Number of Signs Other Standards
SIGN
Blade Sign - Maximum sign area 1 per lease space, permitted in Shall not be higher than the eave line or
Attached is 8 s.f (total); 4 s.f. addition to the 2 attached signs parapet wall of the top of the principal
per sign face. allowed per lease space, or in building; shall be a minimum of seven
lieu of attached sign feet above grade when located adjacent
to or projecting over a pedestrian way.
Subdivision Permitted on all Up to 2 attached wall signs per
Entry -Attached streets. street entrance in lieu of a
Maximum Sign Area subdivision entry monument
is 32 s.f. sign.
Subdivision Total Height: 6'6" Two attached signs per street Ground lighting where the light itself and
Entry -Monument Base: 18" entrance or one monument supporting structure are not visible from
Sign Face: 4' sign per street entrance public ROW. Internal lighting may be
Sign Structure: 5' utilized for sculpted aluminum panels
50 s.f. per sign face; Shall meet the standards herein unless
100 s.f. per Sign approved by the Building Board of
Area Appeals.
Sign Structure Area Location: Common areas or as
is 70 s.f. approved by City Council.
Electronic reader Permitted only in C-1, 1 per lease space Must be component of the primary or
Board /Message C-2, or I Zoning. secondary freestanding sign (either pole
Board Sign Maximum letter or monument sign).
height is twelve (12) (1) Any change of pictures or
inches. Message information on the message board sign
board area shall not shall not produce the illusion of moving
exceed twenty-five objects, expanding or contracting
(25) percent of shapes, rotation or any similar effect of
primary sign area. animation.
(2) Any change of pictures or
information on the message board sign
shall not change more often than once
each three (3) seconds for those
portions of the sign which convey time or
temperature, or once each ten (10)
seconds for all other portions of a sign.
(3) No lighted sign or message board
sign shall have a luminance of greater
than 300-foot candles, nor shall any
such sign have a luminance greater than
200-foot candles for any portion of the
sign within a circle two (2) feet in
diameter. The restriction of luminance in
this section shall be determined from
any other premises or from any public
right-of-way.
(4) Any message appearing on an
electronic message board shall consist
of a single line of text.
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Sec. 17-508 Wind Pressure and Deadload Requirements
All permanent signs shall be designed and constructed to withstand a wind pressure of not
less than thirty (30) pounds per square foot of area and shall be constructed to receive
dead loads as required by the City's currently adopted Building Code. The sign permit
application must include a statement signed by the applicant which states compliance with
this requirement.
Sec. 17-509 Other Signage
(a) Kiosk Sign Plazas. The City reserves the right to enter into an agreement with
private sign vendors for the provision of kiosk signs and such contract shall be approved by
the City Council.
(b) Flags.
(1) Official flags of government jurisdiction, flags indicating weather conditions
and flags which are emblems of on-premise business firms and enterprises,
and religious, charitable, public and nonprofit organizations may be erected
in all zoning districts without a permit. No more than one (1) United States
flag, one (1) State of Texas flag, and one (1) emblematic flag shall be
permitted on a single property at the same time.
(2) No single flag shall exceed fifty (50) square feet in area.
(3) Flagpoles are accessory structures that are incidental to a principal use or
building and shall not be permitted on vacant property without a principal use
or building.
(4) The maximum height of a flagpole in any zoning district shall be thirty-five
(35) feet.
(5) A flagpole may be located anywhere on a premise provided that the flagpole
shall not be located closer than ten (10) feet to any property line orwithin any
easement.
(c) Multi-Tenant Signs. Developments containing two or more businesses, whether in a
single building or multiple buildings, shall share a sign structure for advertisement of
multiple businesses located within the development. This provision is applicable to
businesses located on the same lot upon which the sign is located. Such signs shall
comply with the following:
(1) The sites involved must be contiguous with one another, and constitute a
single cohesive development;
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(2) The sign must be located on a site that one of the advertised businesses
occupies;
(3) The sign shall be designed in the overall architectural style of the buildings
within the development;
(4) The sign may be any sign type that is otherwise allowed by this article;
(5) Private streets within the boundaries of the development are treated as
public rights- of-way for purposes of this subsection;
(6) Individual pad or lease sites, defined in an approved site plan, are treated as
separate lots for purposes of this subsection ;
a. Businesses shall not be allowed advertising on both the multiple
tenant (shared) sign and anotherfree standing business identification
sign except for signs permitted under Section 17-516;
b. Monument signs, used as multi-tenant signs for developments with
four (4) or more tenants, may have an allowable sign area not to
exceed 100 square feet.
(7) In addition to any sign that would otherwise be allowed on a lot for business
identification purposes, one additional monument sign not exceeding five
feet in height and 32 square feet in area maybe located at each intersection
of public roadways and/or private roadways for purposes of directing traffic to
various areas and businesses within the development;
(8) All other provisions of this article shall be applicable to this sign category,
including but not limited to, allowed number based on road frontage (multiple
lot developments are treated as a single lot for this purpose), allowable size
as a function of zoning district, spacing, illumination, materials, etc.
Sec. 17-510 Unified Sign Agreement
(a) Lots eligible forunified sign agreement. Two (2) or more adjoining platted lots ortwo
(2) or more platted lots that are separated only by right-of-way are considered to be a
single premises for the purpose of erecting multi-tenant signs if a unified sign agreement
has been signed by all property owners and is approved as to form by the City and
executed in compliance with this section.
To be adjoining, lots must be platted immediately adjacent to each other and not at
cross corners or connected by narrow strips of land too small to serve as emergency
access easements. Lots separated by right-of-way must be directly across the right-of-way
and, except for the right-of-way, must be adjoining and not at cross corners or connected
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by narrow strips of land too small to serve as emergency access easements.
(b) Criteria for approval. In determining whether to approve multiple lots as a single
premises, the City shall consider the following criteria:
(1) All areas to be combined in the unified sign agreement must be part of a
clearly defined unified commercial or business development constructed as a
single destination point for customers and visitors. Attributes of a unified
commercial or business development include:
a. Common name identification to the public;
b. Shared access to parking provided within the development;
c. Sign structures utilized for shared messages, including identification
of the common name of the development; and
d. Physical layout of the development results in a cohesive development.
(2) The area should not be the combination of disparate premises joined solely
for the purpose of initiating a unified sign agreement.
(3) The property proposed to utilize a unified sign agreement must have no
additional pole signs within the development.
(4) The unified sign agreement may include more than one sign, howeverthere
shall only be one unified sign agreement per development.
(c) Allowed signs.
(1) Upon approval of a unified sign agreement, all existing signs shall be
removed or brought into compliance with this article. All new signs
constructed pursuant to the agreement shall comply with this article.
(2) Within the area included in the unified sign agreement, spacing between
multi-tenant directory signs shall be: i) for multi-tenant signs one hundred
(100) square feet or less in size, not less than one hundred (100) feet to any
other multi-tenant sign; ii) for multi-tenant signs between one hundred one
(101) and two hundred (200) square feet in size, not less than three hundred
(300) feet to any other multi-tenant sign greater than one hundred (100)
square feet in size; and iii) for multi-tenant signs between two hundred one
(201) and four hundred (400) square feet in size, not less than five hundred
(500) feet to any other multi-tenant sign greater than one hundred (100)
square feet in size.
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(3) Multi-tenant directory signs shall not exceed thirty (30) feet in height nor two
hundred (200) square feet.
(d) Sign plan required.
(1) A sign plan covering the entire area included in the unified sign agreement
shall be submitted for approval. The sign plan shall contain the following
information:
a. The location, size and height of all proposed and existing signs; and
b. Description of development within the area of the unified sign
agreement demonstrating the attributes of a unified commercial or
business development as described in (b)(1).
(2) A copy of the sign plan shall be attached to the unified sign agreement and
may be amended administratively providing the initial criteria are still met.
(e) Execution, amendment, termination and filing of the unified sign agreement.
(1) The unified sign agreement shall comply with the following:
a. Contain the names and addresses of the owners and the legal
descriptions of all properties included in the unified sign agreement;
b. State that all parties agree that the properties covered by the
agreement may be collectively treated as a comprehensive
development for the limited purpose of determining the number, size
and location of signs;
c. State that the agreement constitutes a covenant running with the land
with respect to all properties subject to the agreement;
d. State that all parties agree to defend, indemnify and hold harmless
the City of Kennedale from and against all claims or liabilities arising
out of or in connection with the agreement;
e. State that the agreement will be governed by the laws of the State of
Texas;
f. State that the agreement may be amended or terminated only in
accordance with subsection (2) below;
g. Be approved by the city;
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h. Be signed by all owners of the properties included in the agreement
and notarized;
i. Provide that if a lot or tract within a premise covered by a unified sign
agreement is foreclosed by a lien holder whose lien predates the
unified sign agreement covering the property, then the lien holder has
five (5) business days to file an application for a permit for a sign not
allowed under the unified sign agreement. In the absence of such
filing, the property shall be considered covered by the unified sign
agreement;
Be properly completed as stated herein; and
k. Two file-marked and recorded copies of the agreement shall be
provided to the City.
(2) A unified sign agreement may be amended or terminated as follows:
a. The amendment or termination agreement shall be executed by all
owners of the properties included in the unified sign agreement; and
b. The City shall administratively approve the termination agreement as
to intent and form. Any signs not in compliance shall be removed or
brought into compliance prior to execution of the agreement.
(3) A unified sign agreement or an agreement to amend or terminate such an
agreement is not effective until:
a. The agreement is approved by the City;
b. The agreement is filed in the deed records in Tarrant county; and
c. Two file-marked and recorded copies of the agreement are delivered
to the City.
(f) Any application for a unified sign agreement or amendment thereto, or a termination
thereof, shall be accompanied by a nonrefundable fee as adopted by the City.
Sec. 17-511 Special Sign Project Plan
(a) In any zoning district, the owner of a tract of land may file a special sign project plan
request in order to ask for a modification of any requirements that may apply to a sign
under this article.
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(b) An application for a special sign project plan shall be filed with the Administrative
Official. The application shall include a scaled drawing of the lot, or, if unplatted, the tract
which will contain:
(1) Dimensions and property line of the lot or tract;
(2) The location, dimensions, type, color, design style, construction material,
message and height of the sign(s);
(3) Date, scale, north point, name of property owner and name of person
preparing the special sign project plan;
(4) Location, type and size of all easements within the area covered by the
special sign project plan and the volume and page number where the
easements are recorded with Tarrant County Deed Records;
(5) A list of modifications requested from this article; and
(6) Such other information as the City may require, including but not limited to:
a. Location and size of points of ingress and egress to public or private
streets;
b. Location and size of existing and proposed streets and alleys which
are abutting;
c. Topographic information if the property is not platted and the
proposed sign(s) is within fifteen (15) feet of a public or private street
or alley; and
d. Such number of copies of this plan as the City may require.
(c) The City shall mail notice of the requested special sign project plan to all property
owners as shown by the latest tax roll within two hundred (200) feet of the lot or tract, if un-
platted, on which the sign(s) is proposed, at least ten (10) days prior to the hearing on the
request.
(d) A request for a special sign project plan shall be heard by the Building Board of
Appeals at one of their regular meetings. The Building Board of Appeals shall have the
power to approve or deny the special sign project plan. The Building Board of Appeals may
add, modify or delete such conditions and restrictions on the granting of a special sign
project plan as they may deem to be in accordance with the purpose and intent of this
article and in the interest of the public health, safety and welfare.
(e) The Building Board of Appeals shall not have the power in a special sign project
plan to approve or require:
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(1) An encroachment of a sign into a public right-of-way.
(2) A restriction on the use of the property as allowed by the underlying zoning
district.
(f) In the event that the applicant, city manager, or council person objects to the action
of the Building Board of Appeals in regard to a request for special sign project plan
approval, such person may file with the City an appeal within ten (10) days. The city council
shall hear and decide any appeals after the same notification procedures as outlined in
subsection (c), and may also make any amendments, modifications, or deletions to the
conditions or requirements of said special sign project plan.
(g) Approval of a special sign project plan shall not obviate the need for a sign permit.
(h) A filing fee in accordance with the most recent schedule of fees adopted by the city
council shall accompany each request for a special sign project plan.
Sec. 17-512 Maintenance of Signs
Every sign in the city, regardless of whether any permit is required for such sign, shall be
maintained in a safe, presentable and sound structural and operational condition at all
times, including replacing malfunctioning, broken, defective, or missing parts, painting,
repainting, cleaning, and performing any other acts required for the maintenance of such
sign. All signs and sign supports shall be kept painted or otherwise treated to prevent rust,
rot or deterioration. Signs not meeting the standards imposed by this article shall be
subject to removal or repair.
Sec. 17-513 Nonconforming signs
(a) Generally. It is the declared purpose of this article that in time all signs shall either
conform to the provisions of this article or be removed. By the passage of this article and its
amendments, no presently illegal sign shall be deemed to have been legalized unless such
sign complies with all current standards under the terms of this article and all other
ordinances of the city. Any sign that does not conform to all provision of this article shall be
a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior
ordinances, or an illegal sign if it did not legally exist as a conforming or nonconforming
sign under prior ordinances.
(b) Destroyed sign. Any nonconforming sign that has been substantially destroyed or
dismantled for any purpose otherthan maintenance shall be deemed completely destroyed
if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new
sign of the same type at the same location. Under this provision, the sign shall be removed
and a permit shall be required to erect a new sign.
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(c) Removal of sign by owner. The owner of an on premises sign or sign structure
and/or the owner or operator of any premises upon which an on premises sign or sign
structure is located shall remove the sign or sign structure after the first anniversary of the
date the business, person, or activity that the sign or sign structure identifies or advertises
ceases to operate on the premises on which the sign or sign structure is located. If the
premises containing the sign or sign structure is leased, the sign or sign structure shall be
removed after the second anniversary after the date the most recent tenant ceases to
operate on the premises.
(d) City's removal of signs. The Administrative Official shall cause to be removed any
sign that endangers the public safety, such as an abandoned, dangerous, or materially,
electrically, or structurally defective sign, or a sign requiring a permit for which no permit
has been issued. The Administrative Official shall provide written notice to the permit
holder or property owner that shall describe the sign and specify the violation involved and
state that if the sign is not removed or the violation is not corrected within a reasonable
period of time not less than ten (10) calendar days from date of issuance of the notice, the
sign shall be removed in accordance with the provisions in this section. However, if the
Administrative Official determines that a dangerous or defective sign may cause imminent
peril to life or property, the Administrative Official may order removal on less than ten (10)
days notice, or may cause the immediate removal of the sign, with notice to be given as
soon as practicable after removal.
(e) Impoundment of signs.
(1) Signs that the city removes shall be kept by the city for fifteen (15) days after
the date of removal. The owner or responsible party for the sign may recover
the sign by paying a fee as follows:
a. Five hundred dollars ($500.00) for signs that are twelve (12) square
feet or less in effective area.
b. One thousand dollars ($1,000.00) for signs that are larger than twelve
(12) square feet in effective area.
(2) The city may dispose of signs not recovered within fifteen (15) days after
impoundment in any manner the city shall elect.
(f) Repair or renovation of nonconforming signs.
(1) A nonconforming sign shall not be repaired, renovated or structurally altered
except to bring the sign into compliance within the provisions of this article,
unless the Administrative Official determines, based on evidence provided by
the owner of the sign, that the cost of such repair, renovation or structural
alteration will not exceed fifty (50) percent of the cost to bring the sign into
compliance with the provisions of this article.
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(2) The copy or message on a nonconforming sign may not be replaced or
changed due to a change in ownership or business name, or for other
reasons, unless the sign is first brought into compliance with the provisions
of this article.
Sec. 17-514 Prohibited Signs
In addition to signs not specifically described or allowed in this article the following signs
are specifically prohibited.
(1) Signs attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility
poles, public buildings, fences, railings, public telephone poles, or trees
except government signs or signs erected with the permission of the City, for
public purposes.
(2) Signs which prevent free ingress to or egress from any door, window, or fire
escape.
(3) Signs erected or displayed in such a manner as to obstruct free and clear
vision by vehicular traffic at any location, street, intersection, or driveway. All
signs placed at any intersection shall prevent such problem by observing a
visibility triangle, which is a triangle sight area, at all intersections, which shall
include that portion of public right-of-way and any corner lot within the
adjacent curblines and a diagonal line intersecting such curblines at points
twenty-five (25) feet back from the intersection. The sight triangle shall also
be applicable to drives.
(4) Any sign which interferes with vehicular or pedestrian traffic as a result of the
position, size, shape, movement, color, fashion, manner, or intensity of
illumination or any other characteristics causing such interference. No person
shall erect or allow to be displayed any sign in such a manner as to interfere
with, obstruct the view of, or be confused with any authorized traffic sign,
signal, or device, including, without limitation, signs making use of the words
"stop," "go," "look," "slow," "danger," or any other similar word, phrase,
symbol or character, or employ any red, yellow, green, or other colored lamp
or light in such a manner as to cause confusion or otherwise interfere with
vehicular or pedestrian traffic.
(5) Signs erected or displayed on or over public right-of-way (R.O.W) or other
public property, except government signs or signs erected with the
permission of the City, for public purposes.
(6) Obscene signs in which the dominant theme of material taken as a whole
appeals to a prurient interest in sex, or is patently offensive because it
affronts community standards relating to the description or representation of
sexual matters or nudity, and is utterly without redeeming social value.
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(7) Portable signs, with the exception of sandwich board signs which comply
with the regulations set forth in Section 17-516.
(8) Signs with exposed neon tube, except for one (1) window sign denoting
whether an establishment is open or closed.
(9) Signs illuminated to such intensity or in such a manner as to cause a glare or
brightness to a degree that it constitutes a hazard or nuisance to traffic.
(10) Signs that move or flash or have moving or flashing components; signs that
are intermittently lighted or have changing colors; signs that revolve; or any
other similarly constructed signs, except for reader board signs and wind
signs as permitted under this article.
(11) No sign shall be illuminated to an intensity to cause glare or brightness to a
degree that could constitute a hazard or nuisance. Moving, flashing,
intermittently lighted, changing color, beacons, revolving or similarly
constructed signs shall not be allowed.
(12) No construction permit shall be issued for the erection of a new off-premises
sign, including, but not limited to, a new off-premises CEVMS or the
conversion of an existing non-CEVMS off-premises sign to a CEVMS.
(13) Roof signs.
(14) Any sign attached to a trailer, skid, or similar mobile structure, where the
primary use of such structure is to provide a base for such sign or to
constitute the sign itself. This provision shall not be interpreted to prohibit
identification signs on vehicles used for business purposes, nor shall it be
interpreted to prohibit bumper stickers.
(15) Signs placed on property without permission of owner or agent.
(16) Builder directional signs (except as allowed in kiosk sign plazas)
(17) Any sign not specifically permitted by this article.
Sec. 17-515 Exemptions
The following signs are exempt from the requirements of this article:
(1) Warning and security signs, including signs placed by a public utility for the
safety, welfare, or convenience of the public, including, but not limited to
signs identifying high voltage, public telephone, or underground cables.
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(2) Government signs and signs for non-profit organizations sponsored by
government including flags, insignia, legal notices, informational, directional,
and traffic signs which are legally required or necessary to the essential
functions of government agencies.
(3) "No Dumping" and "No Trespassing" signs, less than two (2) square feet in
area per sign face.
(4) Signs in public parks placed inside ball field fencing by the City, which are
intended for advertising to raise funds for recreation programs which have
copy on only one face with the copy facing toward the interior of the field.
(5) Non-illuminated names of buildings, dates of erection, monument statues,
commemorative tablets and the like when carved into stone, concrete, metal,
or any other permanent type of construction and made an integral part of an
allowed structure or made flush to the ground. Monumental commemorative
sculpture and/or graphic art in any medium and including images depicting
real or allegorical persons, non-commercial themes or symbols, historical
scenes and events or idealized scenes, and inscribed dedications or
quotations, permanently attached to and incorporated into the overall design
of all or part of one or more facades of a community center, religious
institution, school, library, museum, hospital, or similar public or private, non-
profit, institutional or civic structures.
(6) Any traffic sign, public notice or warning required by federal, state, or local
law, regulation, or ordinance.
(7) Traffic control signs on private property, such as "Stop", "Yield", and similar
signs, and which contain no commercial message.
(8) Garage sale signs permitted under chapter 11, article IX, of the City Code.
(9) Address signs no greater than five (5) square feet in area. Address signs in
excess of five (5) square feet in area shall be considered attached business
signs and shall be counted toward the area of signage permitted on a
building facade or monument sign.
(10) Holiday signs, lights, and decorations with no commercial message.
(11) Scoreboards in athletic facilities.
(12) Artwork: Signs are not to be construed as works of art or murals.
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Sec. 17-516 Limited Exemptions
TYPE OF SIGN Sign Standards Number of
Si Other Standards
ns
Real Estate Sign
Including Model Home, Ground Sign
Maximum of 5 feet in
Must be removed when a building
Development/Construction, height 1 per site permit is issued or upon sale or
Subdivision Marketing, Maximum sign area is 32 lease of home/building/land.
Open House, Residential s.f.
Builder, Building for Sale,
Leasin ,and Land.
Attached or Ground Sign
Maximum of 8 feet in Signs associated with an election
Political Election Sign height No limit must be removed within 7 days
Maximum sign area is 72 after the election.
s.f.
Sign shall be removed every day
Ground Sign after the business is closed. Sign
Permitted only on property shall be anchored in some means
behind ROW line.
1 per lease to prevent displacement in high
Sandwich Board Sign Maximum of 4 feet in winds. A minimum of 4 feet of
height space sidewalk shall remain clear.
Maximum sign area is 8 Chalkboards maybe used for daily
s.f. changing of messages. No reader
boards ma be used.
Allowed in all non-residential
zones and in residentially zoned
districts for schools and churches
only. The following shall be exempt
from this limitation:
Maximum Aggregate Area* • Addresses, "closed/open" signs,
for all signage is 10% of hours of operation, credit card
Window Sign the window area and is logos, real estate signs, and "now
included in the 25% area hiring" signs
allowed for wall signs. Mannequins and storefront
displays of merchandise sold.
• Interior directory signs identifying
shopping aisles and merchandise
display areas.
* Aggregate sign area is defined as a sum total of all the window and interior sign area on the
aggregate window area available per tenant.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the Code of
the City of Kennedale, Texas, except where the provisions of this ordinance are in direct
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conflict with the provisions of such ordinances and Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Code of the City of Kennedale (1991), as amended, or
any other ordinance or code provision affecting signs which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this ordinance but may be prosecuted until final disposition
by the courts.
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SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication clause
and effective date clause of this ordinance as provided by Section 3.10 of the Charter of
the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 9fh DAY OF OCTOBER, 2008.
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