HomeMy WebLinkAboutOrd 159 Regulating Outdoor Signage Advertising ORDINANCE NO. 159
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR THE
COMPREHENSIVE REGULATION OF OUTDOOR ADVERTISING, SPECIFICALLY TO
INCLUDE THE ERECTION, STRUCTURAL ALTERATION AND MAINTENANCE OF
ALL TYPES OF BILLBOARDS, SIGNS, BILLS, POSTERS AND OTHER OUTDOOR
ADVERTISING MATERIAL, WITHIN THE CORPORATE LIMITS OF THE TOWN;
PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the comprehensive regulation of outdoor advertising
within the corporate' limits of the Town is necessary to protect and
enhance the health, safety and welfare of the general public; and
WHEREAS, it is intended that these regulations be compatible with
federal and state law, specifically including without limitation the
Federal Highway Beautification Act of 1965, as amended (Public Law
89-285), and the Texas Highway Beautification Act of 1972 (V.A.C.S., Art.
6674 v-1 , Sections 1-15).
NOW, THEREFORE:
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
PART I. That the Town hereby adopts this comprehensive regulation of
outdoor advertising which consists of Sections 1 -23 which shall
hereinafter read as follows:
Section 1 . Definitions.
For the purposes of this Ordinance, the following words and
phrases shall have the meanings respectively ascribed to them by this
section, unless the context requires a different definition:
Advertise: The act of directing attention.
Advertising searchlight: An outdoor advertising device used to
direct beams of light upward.
Banner sign: Any advertising device composed primarily of
cloth, paper, fabric, or other similar nonrigid material, supported by
wire, rope, or similar means, displayed on private property, not
including decorative streamers with no lettering thereon. National
and state flags and banners not used for commercial purposes when
located wholly on private property shall not be considered as signs
for the purposes of this Ordinance.
Berm or low profile sign: Any sign with all components
permanently affixed, and if illuminated, permanently wired for
lighting, with the copy bearing portion of the structure and/or
embellishments beginning at grade, or within six (6) inches of grade.
Billboard: Any flat surface erected on a framework or on any
structure, or attached to posts and used for, or designed to be used
for the display of bills, posters or other advertising material, for the
purpose of advertising a business or activity not located on the same
premises as the said advertising material. Mobile advertising,
hand-carried signs, and political signs shall not be considered a
billboard for purposes of this Ordinance.
Changeable copy sign: A sign specifically designed for periodic
changes in its advertising message, i.e., reader boards, theater
marquees, and billboard signs.
Display case: A case, cabinet or other device having a window
of glass or other transparent material, or other opening, access to
which is made from other than within a structure or building.
Double pole structure: Any structure using two (2) single
poles to support a sign, with any two (2) poles being separated a
minimum distance of thirty-six (36) inches. Pole embellishments of
any kind shall not be a part of a pole or poles; however, minimal
structurally designed cross-bracing may be included with poles.
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Electric sign: Any sign which utilizes electricity in its
operation.
Erect: To construct, build, raise, assemble, emplace, affix,
attach, create, paint, draw or in any other way bring into being or
establish.
Facade: The front facing wall of a building and shall include
any special architectural features. The term facade shall not include
any lateral extension of the front building wall to create a larger
facing area, and it shall not include any roofing area designed to
weatherize the interior of the structure.
Federal aid primary system: Any highway which is a portion of
the federal aid primary highway system as defined in, and designated
pursuant to, Title 23 of the United States Code. The term "primary
system" may be used herein interchangeably with the term "federal
aid primary system."
Glass sign: Any sign having letters or designs painted, stamped
or applied on glass, or metal tracery of letters or designs filled with
glass, or metallic surfaces enameled with glass or vitreous
substance.
Hand-carried sign: Any picket, poster, sandwich sign, or other
advertising or message carrying device which is carried on one's
person.
Highway control zone: An area on either side of any federal aid
primary system, which is within six hundred and sixty (660) feet of
the nearest edge of the right-of-way of said highway, and as to
outdoor advertising, to be within the highway control zone, the
advertising material must be visible from the main traveled way of
said highway.
Landowner: The term "landowner" shall include any person
having the right of possession of real property. If that person is a
corporate entity, the term "landowner" includes the executive officer
of the corporation. The term "owner" may be used interchangeably
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herein with the term "landowner" when it refers to the right of
possession of real property.
Maintain: To allow to continue or exist.
Maintenance: The act of periodic repair.
Mobile advertising: Any visual advertising device placed on a
merchandising rack, stand or cart, or on a vehicle or trailer, which
vehicle or trailer is used primarily for transporting persons or goods
other than the outdoor advertising device.
Off-premise sign: Any outdoor advertising device directing
attention to any business, product, service or activity not offered,
sold or conducted upon the same premises where such advertising is
located.
On-premise sign: Any outdoor advertising device pertaining to
an activity, product, or business conducted or sold at the location on
which the sign is located.
Outdoor advertising: Any means of visual advertising located
outdoors, set, placed or affixed to a structure, post or real estate, to
include, but not limited to signs, temporary mobile signs, private
directional signs, regardless of the content of the message or
wording thereon, billboards, and posters. Political signs, except as
expressly provided herein, mobile advertising, hand-carried signs, and
vending machine signs, shall not be considered outdoor advertising for
purposes of this Ordinance.
Permit: A permit issued under the authority of the Town to
erect, move, structurally alter or structurally repair any specific
billboard, sign or other outdoor advertising, within the corporate
limits of the Town.
Pole sign: Any free-standing, permanent, on-premise sign
supported from the ground up by upright structural members.
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Political sign: Any device announcing or promoting the
candidacy of one or more persons for elective public office, or
concerning any political issue appearing or which is to appear on the
ballot in any public election.
Private directional sign: A sign not erected by or under
authority of any governmental agency, which contains only
information designed to direct pedestrian or vehicular traffic and
which contains no advertising material or business name. Examples
of private directional signs include signs bearing only the word
"entrance" or "exit," located on or near a parking lot. No sign which
contains the name of a business or activity, or any other advertising
material, shall be considered a private directional sign, even though
such sign may also contain the word "entrance" or "exit." A sign
containing the word "parking" at any parking lot where any person is
charged any fee or other monetary consideration for parking shall be
considered an advertising sign, not a private directional sign.
Programmed electronic displays: Any display in which lamps
are used to give time, temperature, stock market or similar
information or can be electronically programmed to deliver more than
five (5) different messages.
Sign: Any device or surface on which letters, illustrations,
designs, figures or symbols are painted, printed, stamped, raised,
projected or in any manner outlined or attached, and used for
advertising purposes; temporary mobile signs and private directional
signs shall be considered signs for purposes of this Ordinance,
regardless of the content of the message or wording thereon.
Political signs, except as expressly provided herein, mobile
advertising, hand-carried signs, vending machine signs, each as
defined in this section, shall not be considered signs for purposes of
this Ordinance.
Sign structure: Any portion of an advertising device inclusive
of its supports, or any device solely designed for carrying an
advertising message.
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Single pole structure: A single pole structure shall mean any
singular vertical structural member supporting a horizontal sign
structural members or a sign. A single pole shall not be greater in
dimension than twelve (12) inches, unless structural design
necessitates.
Show window: A window or opening in the walls of a structure
or building used for commercial purposes, the area behind such
window or opening being accessible only from within the structure or
building of which it is a part or attached to.
Sky sign: Any sign supported or attached wholly or in part over
or above any wall, building or structure.
Street banner: Any commercial or noncommercial flag or
banner hung or suspended over any public street or public property.
Structurally alter: To change the form, shape or size of an
existing sign or any supportive or bracing elements of said sign
excluding temporary embellishments on a changeable copy sign.
Structurally repair: The reconstruction or renewal of any part
of the supportive or bracing elements of an existing sign.
Swinging sign: Any sign so hung or constructed that any part
thereof can swing.
Temporary mobile sign: A freestanding and portable sign, not
to be left in place more than thirty (30) days at one location; this
definition includes signs attached to trailers which are not "mobile
advertising" as defined in this section.
Vending machine sign: Advertising material affixed to a
coin-operated vending device, which advertising pertains only to the
goods or services sold or dispensed by the vending device to which it
is attached.
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Visible: When used in connection with visibility of a sign from
a highway, the term "visible" shall mean that the advertising material
is visible from said highway; if a sign is located within six hundred
and sixty (660) feet of a highway, but is so situated that it is
readable only from another street, and not readable from the highway,
it shall not be considered to be visible from the highway even though
the structure supporting the sign can be seen from the highway.
Section 2. General Provisions.
It shall be unlawful for any landowner, tenant, contractor or
other person having responsibility or control of any premises, to
suffer, permit or allow placement, erection or maintenance of any
sign or display case of any type within this Town other than
publicly-maintained street or directional signs, except as
specifically provided for in this Ordinance.
Section 3. Interpretation.
Nothing herein shall be construed to give the right to any
person to erect or maintain any outdoor advertising in any zone or
district of the Town wherein the particular form of outdoor
advertising is prohibited by deed restrictions, zoning or other
ordinances, state or federal law or regulations.
Section 4. Projection Over Public Property or Public Way.
No sign shall extend over public property or public
right-of-way.
Section 5. Signs Necessitated by Considerations of Health
Welfare and Safetv.
Whenever unusual circumstances arising out of unique
conditions surrounding a building site or caused by its occupancy give
rise to problems of health, safety and welfare that could be
substantially alleviated by the use of a sign, such sign as may be
necessary for the purpose involved, may be temporarily erected upon
approval of the Building Official or a designated representative. Such
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approval shall be temporarily given at the time an application is made
to the Town. Such temporary approval shall be granted only for the
time period necessary for the routine approval or disapproval of the
sign by the Board of Aldermen. Such signs shall be restricted to the
minimum area necessary to accomplish the purpose for such signs.
Section 6. Alarm Device Signs.
It is essential that when alarm devices are installed on
residential or commercial buildings that identification be given as to
the company, person, representative or agency to be contacted in case
of its activation. Only one such sign shall be allowed for each system
installed and the sign area shall be limited to 140 square inches,
except additional signs may be permitted by the Board of Aldermen
upon application, only when such signs are found by the Board to be
necessary for the safety and welfare of the occupants or property
involved.
Section 7. Construction Signs.
Whenever a building permit has been issued for the
construction, alteration or repair of a structure, and work is in
progress on the site pursuant to such permit, contractors or
architects engaged in such work during the time such work is going
on, may display on the site their sign, which may be either made of
materials permitted for permanent or temporary signs as prescribed
in this Ordinance, provided, however, that the following area
requirements are complied with:
1 . No such individual sign displayed on the building site
shall be of an area larger than twenty (20) square feet.
2. No individual contractor or architect shall display more
than one sign on any building site at any given time.
3. The total area of construction signs displayed at any one
time on the building site, considered together, shall not
exceed thirty (30) square feet.
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Section 8. Temporary Sign Regulations.
Temporary signs are such signs as may be needed from time to
time to indicate that the premises are for sale or for rent. Such signs
shall be limited to one (1 ) such sign for each property frontage
involved and no single sign shall exceed twenty (20) square feet in
area or contain lettering exceeding twelve (12) inches in height. Such
signs shall contain only the following information:
1 . That the property is for sale, lease or exchange by the
owner or his agent.
2. The owner's or agent's name.
3. The owner's or agent's address and telephone number.
4. When appropriate to the occasion, the words "open house"
or "inquire within."
Such signs shall not be located on or over public property and
may only be displayed on the property that is for sale, exchange or
lease. Temporary signs may be made of the same material permitted
for permanent signs, and in addition, may be made of less durable
materials and woods such as pasteboard; but in no event shall be
self-illuminated, luminescent, fluorescent, or have any characteristic
which will make them glow or shine. Such signs shall be removed
upon agreement of sale, exchange or lease.
Section 9. Removal of Sign and Display Cases.
Signs or display cases which have been abandoned due to a
closing of a business, a change in business name or for any other
reason rendering the sign or display case not applicable to the
property involved, shall be removed by the permit holder or the owner
of the building or premises within ten (10) days from the date of the
action that caused the sign or display case to be considered
abandoned. A condition of approval for all signs or display cases shall
be that permit holder or owner of the building of premises, at his own
expense, remove all signs or display cases. An abandoned sign or
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display case may be removed by the Town after the ten (10) day
period stated above, and the permit holder or owner may be charged
for the cost of removal. New signs for a building or property on which
an abandoned sign is located shall not be approved until the abandoned
sign is removed. Approval may be given on the condition that the
abandoned sign is removed before a new sign is erected.
The Board of Aldermen shall hold a hearing to determine when a
sign or display case is abandoned. Ten (10) days written notice of the
hearing shall be sent by certified mail to the permit holder at his last
known address, and to any other address at which there is reason to
believe he might receive mail, and to the owner at his address. Said
notice shall state:
1 . A general description of the sign or display case.
2. That upon a finding of abandonment, the sign or display
case shall be held by the Town for fifteen (15) days and
then disposed of by sale if determined to be of a value of
$100.00 or more, or disposed of in any manner if worth
less than $100.00.
3. Where the sign or display case may be reclaimed.
4. That the reasonable costs of removal may be assessed at
the hearing along with an administrative charge.
5. That the hearing and assessments can be avoided by the
removal of the sign or display case within seventy-two
(72) hours after the date of the notice.
The Board of Aldermen shall determine the reasonable cost to
the Town of removing the sign or display case and if an
administrative charge should be assessed. Administrative costs shall
be $25.00 unless otherwise determined by resolution of the Board.
Proceeds shall be first applied to pay assessed costs, administrative
costs, and other costs reasonable incurred.
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Section 10. Time Limitation of Approved Applications.
Approved applications for signs or display cases shall be
considered null and void when any of the conditions below are found
to exist:
1 . That such sign or display case was not built or placed in
accordance with the approval granted.
2. That the sign or display case was not placed on the site
within ninety (90) days of approval and no extension of
time has been granted by the approving body.
3. That the business license has lapsed or became inactive
or the sign considered abandoned as described in Section
9 of this Ordinance.
Section 11. Signs and Display Cases Within the Commercial
Districts.
All signs or display cases are prohibited in the commercial
district unless a written permit is obtained from the Town
authorizing such sign or display case. The Building Official or a
designated representative may, subject to the standards set forth in
this Ordinance, temporarily approve any signed application. Such
approval shall expire at the next meeting of the Board of Aldermen.
All permits shall be for a specific location and the moving of such
signs or display cases shall require a new permit. The following
regulations shall apply within the commercial districts.
(a) Prohibited signs and display cases. No sign or display
case shall be permitted that:
1 . Does not pertain to a commercial use on the site.
2. Is incompatible in design with the building and space
allotted.
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3. Is flashing, illuminated, phosphorescent, moving or
primarily glossy.
4. Contains lettering exceeding twelve (12) inches in
height.
5. If attached to any structure, projects or extends above
the eave or parapet line thereof.
6. Is for a business which does not have an active business
license on file with the Town.
7. Exceeds twenty-four (24) square feet in area.
8. Could create confusion to the public or to police and fire
response calls in emergencies, or tends to degrade the
character of the Town, affects the peace, health and
welfare of the community or results in a degradation of
property values and/or an increase in the cost of
municipal services.
(b) Maximum allowable sign area. The maximum aggregate
area of all signs shall not exceed the following for buildings within
the commercial district.
1 . A building with forty (40) feet or less frontage on a
public way, shall not exceed sixteen (16) square feet of
exterior signs and ten (10) square feet of interior signs.
2. A building with frontage greater than forty (40) feet on a
public way, shall not exceed four (4) square feet of signs
for each ten (10) feet of frontage or major fraction
thereof, up to a maximum of twenty-four (24) square
feet for exterior and twenty (20) square feet of interior
signs.
3. A building with frontage on more than one public way,
shall not exceed four square feet of signs for each ten
(10) feet of frontage on any building face for both
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interior and exterior signs, up to a maximum of twenty
(20) square feet unless the building elects not to place
signs on one of the faces in which event the provisions of
2. above will apply.
4. A building designed in such a way as to have business
locations within the interior of the structure served by
an interior mall or by other means of ingress and egress
by the public shall be limited to one (1 ) sign at each
entry identifying the building or mall name and a
directory which may contain the names of all businesses
within the building. Individual businesses within the
building shall be limited to one (1) overhanging sign not
to exceed three (3) square feet in area or one (1) flat
sign not to exceed six (6) square feet in area when
approved by the Board of Aldermen. Interior business
locations shall not be entitled to individual signs on the
exterior of the building adjacent to the public way or
individual signs within the mall or walkway area of the
building other than as permitted above.
5. The Board of Aldermen may make special exemptions to
the above allowable areas where hardship is incurred or
where unusual design of a building requires special
consideration.
(c) Signs exempt from formal review.
1 . Interior signs of one hundred and sixty (160) square
inches or less when the aggregate area does not exceed
that allowable for interior signs.
2. Temporary signs as provided for in this Ordinance.
3. Political signs so long as they do not exceed the
maximum square footage provisions of this Section.
Thirty (30) days after the election, which includes any
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run off election, all political signs pertaining to such
election shall be removed or be subject to removal by the
Town pursuant to the provisions of this Ordinance.
(d) Sian area. In calculating the area of signs, the following
shall apply:
1 . All faces of a multifaced sign shall be included except
for double-faced signs in which case only one face shall
be included.
2. For irregular shaped signs, the area shall be that of the
smallest rectangle that will wholly contain the sign.
3. That with the exception of signs which are allowed to be
painted directly on a wall the area of a sign shall include
the board or other material of which the sign is a part,
including framing, visual or other wise, but exclusive of
the brackets from which the sign is hung.
(e) Standards for display cases.
1 . All display cases shall be in size and scale with their
surroundings and shall be designed in keeping with the
existing architecture.
2. Display cases shall not exceed ten (10) square feet in
area or ten (10) cubic feet in total volume.
3. Display cases shall contain but one sign no larger than
necessary to identify the owner of the case and direct
the public to the store where the merchandise displayed
is sold. The sign shall not exceed twenty four (24)
square inches.
4. Display cases shall be located on the same property as
the business premises to which the display case applies.
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5. All display cases shall be maintained in accordance with
the approval granted for their placement.
6. Merchandise displayed in the case shall be typical of
products for sale in the business premise and the case
shall not be used to display wares of another business
located elsewhere or of merchandise not available in the
store to which the display case has been permitted.
Section 12. Signs Within the Residential Districts.
It is recognized that no house numbering system exists in most
parts of Westlake, and house signs featuring either the name of the
house or the name of the occupant, or both, have historically served a
necessary function in locating residences and their occupants by a
method deemed preferable to a house numbering system. It is further
recognized that there are other situations wherein the use of signs by
property owners in the residential district is deemed appropriate;
such signs, however, to be subordinate to the primary signs naming
the house or occupants. To provide appropriate regulation of such
signs, this section is enacted. The following regulations shall apply
to all signs in the residential districts:
(a) Prohibited signs.
1 . Self-illuminated, luminescent, fluorescent or have any
characteristic which makes them glow or shine.
2. House name signs and occupant name plates exceeding
two (2) square feet each in area and "No Handbills
Allowed" or "No Soliciting Allowed" signs exeeding 2" x
12".
3. Signs other than temporary signs described elsewhere in
this Ordinance, which are made of cardboard or less
permanent material.
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4. Permanent signs exceeding an aggregate area of four (4)
square feet when not otherwise authorized through a use
permit.
5. Temporary signs which:
a. Exceed four (4) square feet in area.
b. Have letters exceeding four (4) inches in height.
c. Total more than two (2) such signs on a single family
building site.
6. Construction signs exceeding that allowable under this
Ordinance.
7. Any sign not expressly allowed in this Ordinance.
(b) Allowable signs.
1 . House name signs and occupants' name plates.
House name signs and occupants' name plates are those
signs which, by their nature and wording, identify either
the house or its occupant, or both, and which essentially
take the place of house numbers. Such signs may include
pictorial and decorative designs as well as words, and
may be in any shape or form, but shall not exceed four (4)
square feet in area. The name of a ranch or farm when
incorporated into an entranceway or gate to the property
is exempt from these provisions if such has been
approved by the Board of Aldermen. The names or designs
denoting ranches in existence at the time of the passage
of this Ordinance are exempt from the provisions of this
Ordinance.
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2. Home occupation signs.
Home occupation signs are those signs designating a
permitted home occupation in the residential district
being carried on at the site. The legend designating the
home occupation may be merged with house names or
occupant's type sign, thus constituting one sign; or may,
at the occupant's option, be stated on a separate sign,
providing however, that such separate sign shall not
exceed an area of two (2) square feet.
3. Temporary signs.
Temporary signs, as provided for in this Ordinance. In
addition, one garage sale, rummage sale or estate sale
sign not exceeding three (3) square feet or having letters
exceeding three (3) inches in height may be displayed on
the site during the hours of the sale.
4. Political sions.
Political signs may be placed on the property provided
they do not exceed four (4) square feet in area provided
that:
a. No political sign may be placed in the public roadway
or easement adjacent to such roadway or placed in
any location which would cause a traffic hazard by
obscuring or in any manner blocking the vision of any
driver of a vehicle using the public street or entering
any such street.
b. Thirty (30) days after the election, which includes
any run off election, all political signs pertaining to
such election shall be removed or be subject to
removal by the Town pursuant to the provisions of
this Ordinance.
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Section 13. General Construction Requirements.
(a) All signs shall be constructed and supported to withstand
a horizontal pressure of thirty (30) pounds for every square foot of
exposed surface. All structural members, hangers, braces, tie rods,
cables, anchors and fastenings shall be of sufficient strength to
withstand the stresses that may be brought upon them with a factor
of safety of six (6).
(b) Signs weighing twenty (20) pounds or less attached to the
wall of a building may have the cable or wire hanger anchored with an
expansion shield and bolt; provided, that the wall is sound and the
projection of the sign is not excessive in relation to the size of the
wall and pitch of the hanger. Wall anchors for guy cable or wires for
such signs shall be expansion shields and bolts or through bolts
fastened on the opposite side of the wall. No staples or nails shall be
used for anchoring any guy wire or cable.
(c) Where signs and sign frames are supported or suspended
with chains or wire, chains or wire of not less than No. 8 B & B
standard gauge shall be used. Chain supports shall have welded links
of not less than three-sixteenths of an inch in diameter. No cable
shall be tied or loosely twisted around any anchor or any other
support, but shall be properly sized around the anchor or joined into a
loop and the loose end fastened to the standing part of the cable with
approved clips or clamps. Where signs are bolted to supports, the
bolts shall be supplied with lock nuts. All cable and wire used in
hanging signs shall be galvanized. All other supports and exposed
structural parts shall be maintained in a safe condition at all times
and kept in good condition and repair.
Section 14. Sians Erected Upon or Anchored to Fire Wall or Coping.
No sign shall be erected upon the fire wall or coping of any
building unless such wall is especially designed to carry the
additional load. No sign shall be anchored to such wall, but shall be
attached to and supported by other structural parts of the building.
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Section 15. Glazing: Strength of Glass.
The glazing of signs shall be done in a substantial manner.
Glass shall be well bedded in putty and secured in substantial frames
of copper or zinc tracery. Glass may be plate or double strength. In
no case shall glass less than one-eighth of an inch in thickness be
used. No single light of plate glass shall exceed six hundred (600)
square inches in area. No light of double strength glass shall exceed
two hundred (200) square inches in area.
Section 16. Obstruction of Liahtina and Utilities.
No outside advertising shall be so placed as to appreciably
obstruct the lighting of any street, alley or public property, or
interfere with any public utility service or traffic-control device.
Section 17. Obstructing Fire Escapes Prohibited.
No sign of any kind shall be placed in any position in such a
manner as to obstruct any fire escape, door, window or other
passageway leading to a fire escape or to a street exit, nor shall a
sign be fastened in any manner to a fire escape.
Section 18. Swinaina Signs.
No swinging signs shall be constructed, placed, maintained, or
altered over public property.
Section 19. Placement on Another's Property.
It shall be unlawful for any person to post, paint or otherwise
exhibit any billboard, advertisement, poster, bill or other notice or
sign, on any property not owned or controlled by him, without the
permission of the person owning or controlling said property.
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Section 20. Placement on Vehicles.
It shall be unlawful for any person to place or cause to be
placed anywhere in the Town, any poster, placard, handbill, or
advertising material on any vehicle, or in any location, in such a
manner that the same may reasonably be expected to be blown about
by the wind. It shall be presumed that the person's name that appears
on said poster, placard, handbill, or advertising material has
knowledge of the location and manner that said item was placed. It
shall be further presumed that if a large number of said items are
found scattered about and being blown about by the wind that the
items were placed in such a manner that they might reasonably be
expected to be blown about by the wind.
Section 21 . Placement of Outdoor Advertising on Trees Rocks etc.
It shall be unlawful for any person to erect, maintain or paint
any sign, billboard or other outdoor advertising upon a tree, rock or
other natural feature.
Section 22. Prohibited Advertisina Devices.
The following types of signs and advertising devices are not
permitted within the corporate limits of Westlake:
1 . Advertising searchlights.
2. All off-premises commercial signs and billboards.
3. Any signs on a single or double pole structure that extend
into the air more than twenty (20) feet as measured from
the top of the structure to the grade under the sign.
4. Sky signs.
5. Street banners.
6. Off premises banners.
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7. Sandwich or "A-frame" signs.
8. Sidewalk or curb signs.
9. Tethered pilotless balloons or other gas-filled
advertising devices.
10. Signs placed on vehicles and used as stationary
advertising devices.
11 . Mobile advertising.
Section 23. Functions of the Board of Aldermen.
The Board of Aldermen will review all applications for signs
and display cases, grant or deny said applications, and issue sign
permits. In reviewing said applications, the Board will uphold the
provisions of this Ordinance; will assure that the signs will be
compatible with the property and use thereof, and will not create
hazards, confusion, poor aesthetics, loss of business, clutter and
garishness, adversely affect the stability and value of property, or
produce degeneration of property with attendant deterioration of
conditions affecting the peace, health and welfare of the Town.
PART II.
That 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 less than Five Dollars ($5.00), nor more than One Hundred Dollars
($100.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
PART III.
It is hereby declared to be the intention of the Town Board of
Aldermen that the sections, paragraphs, sentences, clauses and
phrases of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared
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void, ineffective or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such voidness, ineffectiveness
or unconsti- tutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since
the same would have been enacted by the Town Board of Aldermen
without the incorporation hereof of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
PART IV.
That this Ordinance shall become effective and be in full force
and effect from and after the date of its passage and publications, as
required by law, and it is so ordained.
�i PASSED AND APPROVED this theday of
1987.
Dale White, Mayor
Town of Westlake, Texas
ATTEST:
G,eiry White, Town Secretary
T wn of Westlake, Texas
APPROVED AS TO LEGAL FORM:
Paul C. ]sham, Town Attorney
Town of Westlake, Texas
02/120
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