The Mercedes Enterprise (Mercedes, Tex.), Vol. 89, No. 7, Ed. 1 Wednesday, February 14, 2001 Page: 4 of 22
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Page 4 -- The Mercedes Enterprise
PUBLIC NOTICE
ORDINANCE NO. 2000-3
AN ORDINANCE PROVIDING FOR REGULATIONS GOVERNING
ALL SIGNS IN THE CITY OF MERCEDES, AND REQUIRING ALL
SIGNS TO CONFORM TO SUCH RULES AND REGULATIONS; PRO-
VIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION
AND ENFORCEMENT; PROVIDING FOR REGULATIONS CONCERN-
ING NONCONFORMING USES; PROVIDING FOR PENALTIES FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAV-
INGS AND REPEAL CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MERCEDES THAT:
ARTICLE I
General
Section I. Purpose.
The purpose of this article is to permit such signs that will not, by reason
of their size, location, construction, or manner of display, endanger the pub-
lic safety of individuals; confuse, mislead, or obstruct the vision necessary
for traffic safety; or otherwise endanger public health, safety, and morals;
and to permit and regulate signs in such a way as to support and comple-
ment the land use objectives set forth in the zoning ordinance.
Section II. Objectives.
(a) Primary objective. The primary objective of this article is to en-
sure that since the Rio Grande Valley area is one of the country’s foremost
winter resorts, and since the city is a part of this area and wishes to attract
and service the winter visitors, that what is seen is inviting and appreciated
by both visitors and investors. The city has spent considerable funds in a
continuing beautification program and is committed to an overall aesthetic
improvement. The visual nuisance presented by an unregulated accumula-
tion of signs within the city limits and its extraterritorial jurisdiction is not
conducive to this effort.
(b) Secondary objective. This article is designed to eliminate potential
safety hazards created by outdoor advertising display devices. For these
reasons, the regulations set out in this article are deemed to be imperative.
Section III Enforcement of article; right of entry
The city manager, or his designated representative, is hereby authorized
and directed to administer and enforce all the provisions of this article, and
shall have the right to enter any premises for inspection purposes during
reasonable hours and after reasonable notice has been given in order to en-
sure the enforcement of this article. This article, in conjunction with the
Standard Building Code and regulations of the state department of high-
ways and public transportation, provides the guidelines and regulations for
any and all signs constructed, erected, altered, installed, relocated or reno-
vated within the corporate limits of the city and its extraterritorial jurisdic-
tion.
Section IV. Sign Definition
A sign is any device designed to inform or attract the attention of persons
not on the premises on which the sign is located. The following shall be deemed
to be excluded from the definition of “sign” as it applies to the regulations in
this article:
(1) Signs not exceeding two square feet in area and bearing only prop-
erty numbers, post box numbers, or names of occupants of premises.
(2) Flags and insignia of any government, except when displayed in
connection with a commercial promotion.
(3) Public signs of a public or noncommercial nature, which shall in-
clude community service information signs, public transit service signs (traf-
fic signs), public utility information sings, safety signs, danger signs, tres-
passing signs, signs indicating scenic or historical points of interest, and all
signs erected by a public officer in the performance of a public duty or by a
government entity pursuant to State law.
(4) Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts, or moving lights.
(5) Signs which are fully located within the interior of any building or
stadium, or within an enclosed lobby or court of any building, and signs
located within the inner or outer lobby or court which are intended solely for
information relating to the interior operation of the building in which they
are located.
(6) Memorial plaques or tablets, grave markers, statues and other re-
membrances of persons or events that are noncommercial in nature.
Section V. General Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
Advertising sign means a sign, which identifies or promotes any product,
commodity, or service.
Agricultural sign means a sign, which identifies the farm or ranch on
which it is placed and advertising the products, crops, animals or poultry
raised or quartered thereon.
Animated sing means a sign with action or motion, flashing color ranges
requiring electrical energy, automatic electronically controlled copy changes,
electronic or manufactured sources of supply, but not including wind actu-
ated elements such as flags, banner or special items.
Authorized agent means an architect, builder, developer, engineer or other
person empowered to act on behalf of other persons.
Beautification corridors means the areas alorig U.S. Expressway and Busi-
ness 83 from the East City limits to the West City limits.
Board means the Board of Adjustment of the City.
City manager means the city manager or his duly authorized representa-
tive, i.e., assistant city manager, director of planning, building inspector.
District means a part, zone, or geographic area within the city within
which certain zoning or development regulations apply.
Expressway corridors mean the areas along U.S. Expressway and Busi-
ness 83 from the East City limits to the West City limits.
Extraterritorial jurisdiction means the area extending one mile beyond
the corporate limits of the City.
Gutter flow line means, in lieu of paved curb and gutter, the invisible
lines to either side of the paved or used right-of-way of a road at which
water will naturally flow parallel to such road.
Home occupation means a commercial use customarily carried on in the
home by members of the occupant family without structural alterations in
the principal building or any of its rooms; without the installation of ma-
chinery or additional equipment other than that customary to normal house-
hold operations; without the employment of additional persons; with a non-
illuminated sign that is no larger than 18 inches by 24 inches to advertise the
occupation, and which does not cause the generation of other than normal
noise and pedestrian and vehicular traffic.
Illuminated sign means any sign illuminated in any manner by an artifi-
cial light source.
Institutional sign means a sign, which identifies a school, church, hospi-
tal, or similar publicly owned building.
Nonconforming sign means any sign which does not conform to the regu-
lations of this article.
Off-premises sign means a sign including the supporting sign structure,
which directs the attention of the general public to a business, service, or
activity, not conducted or a product not offered or sold upon the premises
where such sign is located.
On-premises sign means a sign which directs the attention of the general
public to a lawful use of the premises on which it is located, including signs
and sign devices indicating the business transacted, services rendered, or
goods sold or produced on the premises, name of the business, and name of
the person occupying the premises.
Premises or site means any platted or unplatted tract or any combina-
tion of contiguous lots held under single ownership.
Sexually oriented sign means any sign, which attracts attention to sexual
activities, promotes sex or exposes sexually explicit parts of the body.
Standard Building Code means that code published by Southern Build-
ing Code Congress International, Inc., and adopted under Ordinance No.
98-16 and being a set of rules and regulations designed to protect the public’s
life, health and welfare in the built environment.
Section VI. Restrictions generally.
(a) No more than two permanent signs shall be permitted on one lot,
except for those lots with double frontage, in which case a maximum of three
permanent signs will be permitted with at least one sign on each frontage.
This does not include exempted signs.
(b) No site may utilize more than three different types of signs, exclud-
ing temporary and exempted signs.
(c) Signs shall not create a nuisance to the occupancy or use of other
properties as a result of their size, height, brightness, movement or location.
(d) No sign shall be allowed within the restricted area described as
follows:
(1) All of that portion of land lying within a triangular shaped area on
each street corner within the city described by metes and bounds as follow:
Beginning at the precise corner of the intersection point of the curbs of each
of the two streets forming each corner and extending 12 feet along each such
curb line from such curb intersection point, the straight line from the ends
of such 12-foot extensions, whether such land be privately owned or unpaved
or untraveled street right-of-way.
(2) Where no curbs are in existence at such street intersections, such
12-foot lines shall coincide with the central flow line of the ditches parallel-
ing such uncurbed streets, as shall be determined by the city manager or his
duly authorized representative.
No sign of any type shall be placed within the public right-of-way.
(e) Searchlights. Searchlights may be allowed without permit on a tem-
porary basis with the time to be anywhere between 4:00 p.m. and 10:00 p.m.
The number of consecutive days when searchlights may be used is limited to
three. The applicant must apply to the city manager or his duly authorized
representative for permission to operate a searchlight at least three (3) busi-
ness days before its intended use and must comply with all other state and
federal regulations pertaining to their use.
Section VIL Appeals.
Any person contesting any disapproval, interpretation and /or the appli-
cation of any rule, standard, regulation, determination, requirement, or ne-
cessity set forth in this article shall have the right to appeal the decision of
the city manager through the board of adjustment by established proce-
dures. The board shall have the jurisdiction to grant special variances from
the provisions of this article where it is found, upon presentation of adequate
proof, that compliance with any provisions of this article will result in an
arbitrary and unreasonable taking of property or in the practical closing or
elimination of any lawful business, or a substantial financial hardship or
inequity, in any case without sufficient corresponding benefit or advantage
to the city and its citizens in terms of accomplishing the objectives of this
article as set forth herein. The board of adjustments may permit such modi-
fications of the requirements of this article as may be found necessary to
avoid inconvenience arising because of the location of existing structures or
of topography and is hereby authorized to grant such variances in accor-
dance with the following restrictions.
(1) Setback, effective area (face), and height of detached on-premises
signs may be decreased or increased as much as ten percent.
(2) The number of permanent signs on any premises may be increased
by not more than one.
(3) No variance shall be granted past the termination date established
pursuant to that provision which permits the continuance of any nonconfor-
mity.
In no case may the board authorize a private sign on or over public prop-
erty unless specifically authorized by this article.
Section VIII. Interpretation, intent.
In interpreting and applying the provisions of this article, or any amend-
ments thereto, they shall be held to be minimum requirements for the pro-
motion of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this article or any amendment
thereto to interfere with or abrogate or annul any easements, covenants or
other agreements between parties, or any statue, local ordinance or regula-
tions, except that if this article or any amendment thereto imposes a greater
restriction, or higher standard, this article or any amendment thereto shall
control, moined
Section IX. Conflicting Provisions.
Whenever the requirements of this article are at variance with the re-
quirements of any other lawfully adopted rules, regulations, or ordinances,
the most restrictive, or that imposing the higher standards, shall govern.
ARTICLE II
Section I. Sign types.
The various types of signs regulated by this article are hereby defined as
follows:
(a) Accessory sign means a sign that is incidental to the effective opera-
tion of the enterprise to which it pertains, and is not intended to serve as the
primary identification of the premises and does not attract the attention of
passersby for the purpose of advertising a product or service available therein.
(b) Banner sign means any temporary sign intended to be hung either
with or without frames, characters, letters, illustrations or ornaments ap-
plied to paper, plastic, or fabric of any kind. National flags, flags of political
subdivisions, and symbolic flags of any institution or business shall not be
considered banners for the purpose of this article.
(c) Bench signs means a sign located on any part of the surface of a
bench or a seat placed on or adjacent to a public right-of-way.
(d) Billboard sign means 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 pur-
pose of advertising a business, organization, event, person, place, or thing
not located on the same premises as such advertising material, with one or
two parallel and directly opposite signs with their faces oriented in opposite
directions and spaced not more than ten feet apart (see definition of off-
premises signs, section 106-32)
(e) Canopy sign means a sign that is hung, affixed, or suspended be-
neath an awning or canopy and is intended to identify a business, product or
service primarily for the benefit of pedestrian traffic. A canopy is defined as
being a structure, not including a carport, either attached to or detached
from any existing structure, having no side walls, consisting of a roof with
support columns or posts and being constructed of noncombustible materi-
als to be used solely for the purpose of providing shade and/or for the pur-
pose of providing protection for gasoline and fuel dispensing equipment. For
the sake of this article, this definition shall also include canopies used for the
purpose of shade and/or protection over a public right-of-way, and further
defined as a structure projecting from, extending beyond, and supported by
a building. .
(f) Changeable copy sign means a sign that is designed so that charac-
ters letters or illustrations can be changed or rearranged without altering
the face or the surface of the sign. This does not include those signs having
automatic electronically controlled copy changes.
(g) Construction sign means any non-illuminated sign giving the name
of architects, engineers, builders, or contractors and lending institutions re-
sponsible for construction on the site where the sign is placed, altogether
with other information included thereon. . ,
(h) Directory sign means a sign on which the names and location of
occupants or the use of a building is given. This shall include office bu.ld-
ings, church directories, and shopping malls. . _
(i) Ground and/or pole sign means any sign which is supported by struc-
tures or supports in or upon the ground and independent of support from
any building, for the purpose of directing attention to the general public to a
lawful use of the premises on which it is located (see definition of on-pre-
mises sign in section 106-32).
(j) Home occupation sign means any non-illuminated sign that is no
larger than 18 inches by 24 inches, indicating the name of the occupant and/
or occupation of a customary home occupation as defined in this article.
(k) Marquee sign means any sign attached to and made of a marquee.
A marquee is defined as a permanent roof-like structure projecting beyond
a building wall at an entrance to a building or extending along an project
ing beyond the building’s wall and generally designed and constructed to
nrovide protection against the weather.
Political sign means any temporary sign whose sole purpose is the
transmittal of information concerning an upcoming political issue or cam-
paign, or a public issue of potential concern to the community as a whole,
Mercedes, Texas 78570 Wednesday, February 14, 2001
except when each sign is affixed to a permanent sign structure.
(m) Portable sign means a movable sign that is not attached to a per-
manent support or building, designed to be temporary and mobile. This
definition includes signs attached to trailers, but does not include signs per-
manently placed on the sides of motor vehicles.
(n) Projecting sign means any sign other than a wall sign affixed to any
building or wall whose leading edge extends beyond such building or wall.
(o) Real estate sign means any temporary sign, which are used to offer
for sale, lease, or rent the property upon which the sign is placed. No permit
is required if the sign has an area of 32 square feet or less.
(p) Roof sign means any sign erected or constructed wholly upon and
over the roof of any building and supported solely on the roof structure.
(q) Snipe sign means any sign of any material whatsoever that is at-
tached in any way to a utility pole, tree, or any object located or situated on
public or private property. . .
(r) Street banner sign means any temporary banner sign, which is
stretched across and hung over a public right-of-way.
(s) Subdivision sign means a non-illuminated sign located on the prop-
erty to be subdivided or recently subdivided.
(t) Temporary sign means any sign not on a permanent foundation,
the life of which does not extend beyond that specified for certain uses in this
article, such as construction, real estate, political, portable and trailer signs.
(u) Trailer sign means any sign mounted on a vehicle normally licensed
by the state as a trailer and used for advertising or promotional purposes.
(v) Wall sign means any sign painted on or attached to and erected
parallel to the face, or erected and confined within the limits of, the outside
wall of any building and supported by such wall or building and which dis-
plays only one advertising surface.
(w) Window sign means any sign affixed or attached to the interior or
exterior of a window, not to exceed in size the surface of the window area.
Section II. Sign classifications.
(a) Permitted signs. Except as otherwise provided in this article, per-
mitted signs shall be as enumerated in Article V of this article, signs permit-
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ted by zoning districts.
(b) Exempted signs. The following signs shall not require permits un-
der this article: All signs defined in Article I, Section IV, and.
Temporary banner signs three feet or less in width.
Home occupation signs as allowed by the zoning ordinance.
Temporary political signs, unless on a trailer, see subsection (d) of
(1)
(2)
(3)
0
6)
this sectiremporary real estate signs having 32 square feet or less of face
(4)
area.
(5)
(6)
(7)
Window signs.
Construction signs.
Signs placed on the sides of motor vehicles, unless the vehicle is
used as a stationary sign support.
(8) Signs directing and guiding traffic and parking on private prop-
erty, but hearing no advertit ing matter. A sign containing the word “park-
ing” at any parking lot where any person is charged any fee or other mon-
etary consideration for parking shall be considered and advertising sign,
not a private traffic directional sign.
(9) Yard sale signs; provided, that no person shall attach in any way
posters, notices or Advertisements to utility poles, meter posts, or trees in or
along any street right-of-way within the city, and that no person shall put up
any notice upon any building, wall or fence or other property of another
person without having first obtained the consent of the owner of such prop-
erty. The maximum time limit for all yard sale or home sale signs is seven
consecutive days.
(10) Gasoline price signs attached to a permanent fixture or structure
not exceeding a total area of 12 square feet.
(11) Signs not exceeding three square feet in area attached to gas pump
canopies that are informational or
(12) Street banner signs hanging over a public right-of-way for a lim-
ited time with permission from the city manager.
(c) Prohibited signs. It shall be unlawful to erect or maintain any sign,
which is not included under the types of signs in district regulations. Prohib-
ited signs within the corporate limits of the city and its extraterritorial juris-
diction include, but are not limited to, the following:
(1) Any signs which resemble an official traffic sign or signal which
hear the words “stop,” “go slow,” “cautiori,” “danger,” “warning” or simi-
lar words, and which were not placed by proper governmental authority.
(2) Signs which by reason of their size, location, movement, content,
coloring or manner of illumination may be confused with or construed to be
a traffic control signal, or device, and which were not placed by proper gov-
ernmental authority, or the light of an emergency or road equipment ve-
hicle, or which hide from view any traffic or street sign, signal or device.
0)
0)
(3)
(4)
(5)
Signal placed on trees, rocks or utility poles.
Signs that block other signs, fire escapes, doors and windows.
Signs, which emit sound, smoke, or steam.
Signs erected or placed within the public right-of-way shall be re-
(6) - .
moved by the City at the expense of the person or entity which erected said
sign.
(7) Those existing signs attached to a building or canopy, which project
into or hang over the public right-of-way shall be allowed to remain; how-
ever, they must comply with chapter 23, section 2303.5, of the Standard Build-
ing Code. Such signs when hung from a marquee or canopy shall be at least
eight feet at the lowest level above the sidewalk or ground level. Signs shall
not extend outside the line of the canopy. Signs shall not extend more than
six feet above or 18 inches below the canopy and under no circumstances
shall the sign have a vertical dimension greater than eight feet.
(d) Temporary signs.
(1) Temporary construction signs. Temporary construction signs shall
be permitted on the site of projects or developments approved by the Plan-
ning & Zoning Commission for the City of Mercedes or by the City Man-
ager. Temporary construction signs may be erected and maintained for a
period of 30 days prior to commencement of construction and shall be re-
moved by the owner within 15 days after completion of building on the site.
(2) Temporary political signs. Temporary political signs may be placed
in all zoning districts; however, such signs may not be placed in the public
right-of-way. Such signs shall be removed within 15 days following the elec-
tion for which the sign is posted.
(3) Temporary real estate signs. Temporary real estate signs shall be
located only upon the premises for sale, lease, or rent. Such signs may be
erected no more than 30 days prior to construction, and shall be removed
within 15 days following the closing of the sale or lease of the premises upon
which the sign is located.
(4) Temporary portable and trailer signs. Temporary portable signs
and trailer signs shall be limited to one such sign per business in the Local
Retail, Class A Business, Class B Business, Class C Business, Class L1 Light
Industrial, Class A&B Industrial Districts. Portable signs shall be permit-
ted once a month for a period of up to seven consecutive days within any
calendar month and shall be removed immediately upon the expiration date
of the permit. There shall not be more than 12 permits for temporary busi-
ness signs issued for the same premises within one calendar year. No por-
table sign shall be placed in a parking space on a lot on which, according to
the city zoning ordinance, the required number of parking spaces is not pro-
vided. Temporary portable signs and trailer signs, if illuminated, shall be
connected to a direct power source (G.F.C.I. required) within a three-foot
radius of the sign.
(5) Temporary banner signs. Temporary banner signs shall be allowed.
Banner signs, not exceeding three feet in width, used to attract attention to
new residences or business shall not require a permit. Banner signs exceed-
ing three feet in width may be used with permission of the city manager or
duly authorized representative and shall require a permit.
(e) Abandoned signs. Except as otherwise provided in this article, any
sign that is located on property which becomes vacant and is unoccupied for
a period of three months or more, or any sign which pertains to a time,
event, or purpose which no longer applies, shall be deemed to have been
abandoned. Permanent signs applicable to a business temporarily suspended
because of a change of ownership or management of such business shall not
be deemed abandoned unless the property remains vacant for a period of
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The Mercedes Enterprise (Mercedes, Tex.), Vol. 89, No. 7, Ed. 1 Wednesday, February 14, 2001, newspaper, February 14, 2001; (https://texashistory.unt.edu/ark:/67531/metapth1652925/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dr. Hector P. Garcia Memorial Library.