The provisions of this article shall apply to all signs, as
that term is defined herein, within the city limits.
(1999 Code, sec. 4.601)
The following definitions shall apply to this article:
To seek the attraction of or to direct the attention of the
public to any goods, services, or merchandise whatsoever.
The erection or use of any property, building, or structure,
permanent or temporary, for the primary purpose of conducting in said
building or structure or on said property a legitimate commercial
enterprise in compliance with all ordinances and regulations of the
city governing such activity; business purpose shall not include any
property, building, or structure erected or used for the primary purpose
of securing a permit to erect a sign.
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 and color. A CEVMS does not include
a sign located within the right-of-way that functions as a traffic-control
device (MUTCD) approved by the Federal Highway Administration as the
National Standard.
An imaginary line drawn along the edge of the pavement on
either side of a public street.
The interstate and freeway primary system and the non-freeway
primary system.
That portion of the national system of interstate and defense
highways located within Texas which are now or hereafter may be officially
designated the "Interstate System" by the state transportation commission
and approved pursuant to title 23, United States Code section 131,
as amended.
That portion of the connective main highways located within
Texas which now or hereafter may be designated the "Primary System"
by the state transportation commission and approved pursuant to title
23, United States Code section 131, as amended.
An individual, company, corporation, partnership, association,
or any other entity.
Any part of a right-of-way not privately owned or controlled,
and which is the responsibility of the city or other similar public
agency to maintain.
The entire width between property lines of any road, street,
way, alley, bridge, or other similar thoroughfare, not privately owned
or controlled, when any part thereof is open to the public for vehicular
traffic, is the responsibility of the city or other similar public
agency to maintain, and over which the city has legislative jurisdiction
under its police power.
Property devoted to use as a single-family or multifamily
residence. Residential purposes shall include, but not be limited
to, property used for houses, duplexes, condominiums, townhouses,
townhomes, patio homes, and apartments; property used for hotels,
motels, and boarding houses shall not be considered as used for residential
purposes. Property devoted to both residential and nonresidential
use shall be considered as used for residential purposes.
The property fronting on, immediately adjacent to, and on
either side of a public street or a nonpublic street.
Any outdoor display, design, pictorial, or other representation
which shall be so constructed, placed, attached, painted, erected,
fastened, or manufactured in any manner whatsoever so that the same
shall be used for advertising. The term "sign" shall include the sign
structure. Every sign shall be classified and conform to the requirements
of each of such classifications set forth in this article.
Any structure which supports or is capable of supporting
any sign. A sign structure may be a single pole and may or may not
be an integral part of a building.
The total length of the footage of property fronting on both
sides of a public street.
(1999 Code, sec. 4.602)
(a)
On-premises and off-premises signs.
For the purpose
of this article and the regulations and provisions thereof, a sign
shall be first classified as either an "on-premises" sign or an "off-premises"
sign:
(1)
On-premises sign
shall mean any sign identifying or
advertising the business, person, activity, goods, products or services
primarily sold or offered for sale on the premises where the sign
is installed and maintained when such premises are used for business
purposes; and
(2)
Off-premises sign
shall mean any sign advertising a
business, person, activity, goods, product or service not usually
located on the premises where the sign is installed and maintained,
or which directs persons to any location not on the premises.
(b)
Types of signs.
All signs shall further be classified
into one of the following type signs:
(1)
Ground sign
shall consist of one or two sign faces and
a support structure. Each pair of identical faces on a ground, pole
or projecting sign structure shall constitute a separate sign;
(2)
Marquee sign
shall mean a projecting sign attached to
or hung from a canopy or covered structure projecting from and supported
by a frame or pipe support extending beyond a building;
(3)
Projecting sign
shall mean any sign which is affixed
to any building wall or structure and extends beyond the building
wall or structure more than twelve inches (12");
(4)
Roof sign
shall mean any sign erected, constructed or
maintained above the roof of any building;
(5)
Wall sign
shall mean any sign affixed to or painted
upon the wall of any building; or
(6)
Ancillary sign
shall be one which conveys information
regarding a service or facility subsidiary to the main or principal
business use of a property, such as telephone signs, restroom signs,
credit card signs, etc. Ancillary signs shall not exceed four (4)
square feet in size.
(c)
Special function signs.
Any on-premises or off-premises
sign of any type may also be included within one or more of the following
additional classifications, according to special functions:
(1)
Electrical sign
shall mean any sign containing electrical
wiring or utilizing electrical current, but not including signs illuminated
by an exterior light source.
(2)
Portable sign
shall mean any sign designed or constructed
to be easily moved from one location to another, including signs mounted
upon or designed to be mounted upon a trailer, bench, wheeled carrier
or other nonmotorized mobile structure; a portable sign which has
its wheels removed shall still be considered a portable sign hereunder.
For the purpose of this article, trailer signs and signs on benches
are "portable signs."
(3)
Spectacular sign
shall mean any sign which has automatically
changing advertising or which is equipped with glaring or rotating
strobe or spot lights or which has any moving message whatsoever.
A changing or moving message that does not change or move more than
once every four (4) hours shall not be considered "automatically changing
advertising."
(4)
Temporary sign
shall mean any sign constructed of cloth,
canvas, light fabric, cardboard, wallboard, or other light material
not to exceed one hundred (100) square feet in size. A portable sign
shall not be considered a temporary sign.
(1999 Code, sec. 4.603)
(a)
Sign administrator designated.
The director of public
works shall administer and enforce the terms and conditions of this
article and all other provisions of laws relating to signs. The director
of public works, hereinafter called "sign administrator," is empowered
to delegate the duties and powers granted to and imposed upon him
by this article to other persons serving under him. The sign administrator
is directed to enforce and carry out all provisions of this article.
(b)
Enforcement responsibility.
The duties of the sign administrator
shall include not only the issuance of permits as required by this
article, but also the responsibility of insuring that all signs comply
with this article and any other applicable law, and that all signs
for which a permit is required do in fact have a permit. The sign
administrator shall make such inspections as may be necessary to initiate
appropriate action to bring about compliance with this article and
other applicable law if such inspection discloses any instance of
noncompliance. The sign administrator shall investigate thoroughly
any complaints of alleged violations of this article.
(c)
Powers of sign administrator.
The sign administrator
shall have the power and authority to administer and enforce the conditions
of this article and all other laws relating to signs. Included among
such powers are the following specific powers:
(1)
Every sign for which a permit is required shall be subject to the
inspection and approval of the sign administrator. When deemed advisable
by the sign administrator, a sign may be inspected at the point of
manufacture if such point is within or adjacent to the city limits;
(2)
Upon notice and issuance of a stop order from the sign administrator, work on any sign that is being conducted in a manner contrary to the provisions of this article or is being conducted in a dangerous or unsafe manner shall be immediately stopped. Such notice and order shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, written notice shall not be required to be given by the sign administrator. Following the issuance of a stop order, the sign administrator shall initiate proceedings to revoke any permit issued for the work covered by such stop order, consistent with subsection (3) below, unless the cause of the stop order is resolved to the sign administrator's satisfaction;
(3)
The sign administrator shall have, and is hereby granted, the power
and authority to revoke any and all licenses or permits authorized
by this article for violation of the terms and provisions of this
article; provided that the sign administrator shall conduct a hearing
prior to the revocation of any license or permit authorized under
this article to determine the facts incident to the pending revocation.
The person whose license or permit is under consideration shall be
given at least ten (10) calendar days’ written notice of the
hearing and shall be permitted to present relevant facts and legal
argument regarding the pending revocation. Following such hearing,
the sign administrator shall consider the merits of the case and shall
present a written opinion prior to any act. Provided further, however,
that if in the opinion of the sign administrator the health, safety
or welfare of the citizens of the city is endangered by any violation
of this article, the sign administrator may immediately revoke any
or all licenses or permits authorized by this article and shall conduct
the necessary hearing as soon as possible thereafter, but in no case
later than three (3) business days after the effective date of the
revocation unless the affected licensee or permittee shall request,
in writing, a later date;
(4)
The sign administrator shall have the authority to adopt regulations
required to implement the provisions of this article; and
(5)
Pursuant to and in accordance with any agreement between the city
and the state or the United States government, the sign administrator
is hereby authorized to enforce any applicable terms and provisions
of the Texas Highway Beautification Act, V.T.C.A., Transportation
Code, chapter 391, the Agreement for Carrying Out National Policy
Relative to Control of Outdoor Advertising, entered into between the
United States of America and the state by instrument dated May 2,
1972, any supplements or amendments to that agreement, and any rules
or regulations promulgated by the state and/or the state department
of transportation pursuant to said act or agreements with regard to
signs.
(d)
Penalty.
Any person who shall violate any provision of this article shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. Each day in which any violation shall occur shall constitute a separate offense. In addition, the city attorney is hereby authorized to take all actions, both legal and equitable, necessary to assure compliance with this article.
(e)
Appeals.
Any person wishing to appeal a decision of
the sign administrator on the grounds that the decision misconstrues
or wrongly interprets this article may within thirty (30) days after
the decision appeal the same to the city council pursuant to its rules
and regulations, provided that the appealing party shall give notice
of appeal in writing to the city secretary no less than ten (10) days
following the decision appealed from, and provided further that the
appealing party shall comply with the sign administrator's decision
pending appeal unless the sign administrator shall direct otherwise.
(1999 Code, sec. 4.604)
(a)
Permit required.
No person shall hereafter maintain, erect, construct, reconstruct, alter or use a sign without first having secured a written permit from the sign administrator of the city to do so, subject to the exceptions set forth in subsection (b) below.
(b)
Exceptions.
No permit shall be required under this article for on-premises signs of the following descriptions, unless any such sign is a spectacular sign or a portable sign. Any sign listed hereunder shall be erected and maintained in a safe condition in conformity with section 3.06.007 of this article and other ordinances of the city.
(1)
Signs painted on glass surfaces or windows or doors;
(2)
Wall signs on the wall of a building relating to the ownership or
occupancy of the building;
(3)
Signs erected by the city, the state (including its political subdivisions,
such as counties and school districts), or the federal government
and the lessees of such governmental entities;
(4)
Railroad signs;
(5)
Legal notices and house numbers;
(6)
A sign not over forty (40) square feet in area setting forth information
concerning a building or other structure under repair or construction
or advertising the sale or rental of the premises;
(7)
A non-electrical ground sign of not over thirty (30) square feet
in area, no closer than two feet (2’) to the curbline, and no
higher than eight feet (8’), setting forth the address, the
name of the owner, and the name of business, provided there shall
be no more than one (1) such sign;
(8)
Temporary signs, provided the number of such signs on any premises
does not exceed two (2) in number, and provided such signs are displayed
on consecutive days, and for only a maximum of seven (7) days in any
thirty (30) day period;
(9)
Signs otherwise required by federal, state or local laws;
(10)
On-premises signs setting forth the location of or directions to
parking or buildings located on the premises, or regulating the flow
of on-premises traffic. Such directional signs may be lighted, consistent
with the other requirements for electrical signs in this article and
with the requirements of the city code;
(11)
Signs displayed, designed or used for or upon motor vehicles;
(12)
Signs designed and used for display upon or with lighter- or heavier-than-air
craft;
(13)
Signs which are mounted on the face of a building no higher than
the roof line or form an integral part of a canopy or marquee entrance
and state only the street number, the name of the proprietor and name
of the premises therein; provided that the number of such signs shall
not exceed the number of entrances for such premises;
(14)
Flags and banners used on premises where only one business is located
and flags and banners erected by landlords in integrated business
developments (shopping centers) to advertise vacant space for lease;
and/or
(15)
Three (3) or fewer ancillary signs at any business location.
(c)
Application procedure.
(1)
The application for a permit shall be submitted in such form as the
sign administrator may prescribe and shall be accompanied by drawings
and descriptive data to verify compliance with the provisions of this
article. Construction permit applications for new ground signs, when
erected or constructed to heights exceeding thirty feet (30’)
above roof level, shall be accompanied by a drawing of the sign structure
and the sign prepared by and certified by a professional engineer
registered in the state; the sign administrator, at his option, may
also require similar certification by a registered professional engineer
where any unusual structural provisions of a proposed sign indicate
such certification is necessary in the interest of public safety.
(2)
Every application shall be executed and verified under oath by both
the owner of the premises upon which the sign is to be or has been
constructed, or the authorized lessee of such premises, and the sign
company if the sign is an off-premises sign, that the sign is authorized
to be erected or to be thereafter maintained on the premises, and
shall contain the sworn affidavit of the owner or lessee and the sign
company that the sign does not violate any applicable deed restriction
or other similar restrictions on the premises.
(3)
If the location, plans and specifications set forth in any application
for permit conform to all of the requirements of this article and
other applicable provisions of the building code, the sign administrator
shall issue the permit.
(d)
Duration of operating permit; renewal.
Each operating permit issued shall be effective for a period of three (3) years. Not less than thirty (30) days nor more than sixty (60) days prior to the conclusion of each three (3) year period, applications may be made for a three (3) year extension of the permit. Such application shall be submitted in such form as the sign administrator may prescribe, accompanied by payment of applicable fees, and shall be executed, verified and contain the sworn affidavit described in subsection (c)(2) above. If the application for extension of permit fully meets the requirements of applicable law in effect at the time of such application, the sign administrator shall issue a renewal permit for an additional three (3) year period or such other time as may be required by law.
(e)
Operating permits for existing signs.
(1)
After the date of passage of this article, all signs then existing
must receive operating permits according to the following schedule:
(2)
In order to receive operating permits, all signs existing on the date of passage of this article must conform to the requirements of section 3.06.007 and sections 3.06.041 through 3.06.052 when an operating permit is issued; with reference to the remainder of this article, all signs existing on the date of passage of this article must conform to the requirements of this article as follows:
(A)
Existing portable signs must conform when an operating permit is
issued;
(B)
Existing spectacular signs must conform with the provisions of section 3.06.008(m)(1) when an operating permit is issued; otherwise, existing spectacular signs must conform six (6) years after the date of passage of this article;
(C)
Existing signs, unless portable signs or spectacular signs, or property
exempt from having a permit, must conform with the provisions of division
3 of this article when an operating permit is issued following six
(6) years after the date of passage of this article; and/or
(D)
The provisions of this article requiring signs to comply with the construction standards of sections 3.06.041 through 3.06.052 shall not apply to portable signs and shall not apply to wall signs existing on February 25, 1982, unless such sign is replaced or is more than fifty percent (50%) damaged, in which case the new sign or repaired or replaced sign must comply with sections 3.06.041 through 3.06.052.
(3)
When any sign, or a substantial part thereof, is blown down or otherwise
destroyed, or taken down or removed for any purpose other than maintenance
operations or for changing the letters, symbols or other matter on
such sign, it shall not be re-erected, reconstructed or rebuilt except
in full conformance with this article.
(f)
Permits secured through subterfuge.
Any permit secured before or after the effective date of this article which, in the opinion of the sign administrator, has been secured through subterfuge and not in full compliance with the provisions of this article, shall be revoked by the sign administrator; provided that such revocation shall conform with the provisions of section 3.06.004(c)(3) regarding notice and hearing.
(g)
Identification of signs.
Every sign for which a permit
is required shall be plainly marked with the name of the owner, lessee
or the sign company erecting and maintaining the sign and shall have
affixed on the front thereof, or on some other location so as to be
conspicuous and easily identifiable from an adjacent public street,
an individually numbered sticker, tag or token provided by the city.
(h)
Expiration of construction permit.
Any permit for construction
of a sign shall become null and void unless construction of the sign
is completed within one hundred eighty (180) days, or the permit is
renewed for an additional one hundred eighty (180) days, in which
case an additional fee shall be payable equal to one-half (1/2) the
original fee paid and the proposed sign shall meet all of the requirements
of this article on the date of renewal.
(i)
(j)
Refund of fees if permit is revoked.
The applicant for
a permit or holder of a permit shall not be entitled to a refund of
any fee paid in case the permit is revoked.
(k)
Deposit or bond.
When any work on a sign or sign structure
is to be done beyond the curbline or on or above public property which
may cause the city to sustain loss, damage or injury to public property,
or to be put to expense in correcting conditions resulting therefrom,
the sign administrator shall require the person proposing to do such
work to furnish a bond in the amount of twenty-five thousand dollars
($25,000.00), in the form determined by the city legal department,
or to post a deposit of a like amount, to indemnify the city against
any cost that may be incurred or any loss, damage or injury that may
be sustained by the city because of such work, and as a guarantee
of compliance with this and other applicable laws and ordinances.
Such required bond or deposit shall be furnished or posted before
any permit is issued to work.
(l)
Electrical signs.
Any electrical signs shall conform
fully to the requirements of the electrical code of the city.
(1999 Code, sec. 4.605)
Each person constructing, repairing, or replacing or removing any sign that in any manner includes the use of electricity shall adhere to the requirements of chapter 3 of the city code and shall pass such examinations and tests required to qualify for an electrician's license.
(1999 Code, sec. 4.606)
(a)
Maintenance.
All signs shall be kept in good repair
and, unless of galvanized or noncorroding metal or treated with appropriate
wood preservative, shall be thoroughly painted as often as is necessary
consistent with good maintenance. All braces, bolts, clips, supporting
frame and fastenings shall be free from deterioration, termite infestation,
rot, or loosening. All signs shall be able to withstand safely at
all times the wind pressures specified elsewhere in this article.
In case any sign is not so maintained, the sign administrator shall
give written notice to the owner or lessee thereof to so maintain
the sign, or to remove the sign.
(b)
Unsafe signs.
Should any sign, in the opinion of the
sign administrator, become insecure or in danger of falling or otherwise
unsafe, the sign administrator shall give written notice of the condition
of the sign to the person owning, leasing, or responsible for the
sign. Said person so notified shall correct the unsafe condition of
the sign in a manner to be approved by the sign administrator in conformity
with the provisions of this article.
(c)
Unlawful signs.
In case any sign shall be installed,
erected, constructed, or maintained in violation of any of the terms
of this article, the sign administrator shall give written notice
to the owner, lessee, or person responsible for said sign ordering
said owner, lessee or person to alter the sign so as to comply with
this article, or to remove the sign.
(d)
Failure to comply with notice.
Any written notice to alter or to remove a sign shall be given by the sign administrator by certified mail or written notice served personally upon the owner, lessee, or person responsible for the sign, or the owner's agent. If such order is not complied with within ten (10) days, the sign administrator shall initiate proceedings under section 3.06.004(c)(3) herein to revoke the permit and remove the sign at the expense of the owner, lessee, or person responsible therefor.
(1999 Code, sec. 4.607)
(a)
Christmas displays and similar temporary displays.
Christmas
displays and similar temporary displays erected without advertising
shall not be subject to the provisions of this article, but shall
be subject to the fire prevention code and rules and regulations for
fire safety promulgated by the fire marshal.
(b)
Political signs.
(1)
Political signs on private property will be regulated in accordance
with chapter 259 of the Texas Election Code, as amended. The following
political signs are prohibited on private property:
(2)
Electioneering signs located at any city facility designated
as a polling place during the election period must be no larger than
18" X 24" and no more than three feet (3') high from the ground to
the top of the sign. Electioneering signs shall not be erected earlier
than 24 hours before the polls open for in-person voting at that location
and shall be removed within 48 hours of the last day of in-person
voting at that polling location.
(c)
Signs on public property.
(1)
With the exception of signs approved by the city council or exempt
signs erected prior to the passage of this article, it shall be unlawful
to place a sign upon a public street, public sidewalk, public alley,
public right-of-way, public curb or other public improvement in any
public street or grounds, on any public bridge or part of same, or
on any public building or structure of any kind belonging to the city,
or in any public place or on any public improvement, unless express
consent thereof shall have been first granted by the city council.
However, coin-operated devices used to display and vend newspapers
may be so placed, so long as they are not placed to impede vehicular
or pedestrian traffic. This section does not apply to public property
leased for private business purposes.
(2)
Any unlawful sign found within a public right-of-way of a public street, public sidewalk or public alley shall be seized, and removal thereof is hereby authorized. The sign administrator, employees of the police department, and the department of public works are hereby authorized to impound any signs found on a public street, public sidewalk, or public alley and transport or cause the same to be transported to a location to be designated by the sign administrator for storage. The sign administrator shall maintain records of where such signs were located when they were so impounded and the date on which they were so impounded and shall hold the same in the storage area for a period of not more than thirty (30) days. Any sign so held may be redeemed by the owner thereof upon the payment of a fee to the city through the sign administrator, as provided for in the fee schedule in appendix A to this code. Such fee shall be in addition to and not in lieu of any fine imposed upon such owner for violation of this article. Any sign impounded and stored and not redeemed by the owner thereof within thirty (30) days may be sold at public auction in the same manner as surplus or abandoned property of the city.
(d)
Consent for signs on private property.
No person shall
place a sign on private property without the written consent of the
owner or agent for the owner of said private property.
(e)
Signs resembling official signs.
No sign shall be constructed
which resembles any official marker erected by the city, state, or
any governmental agency, or which by reason of position, shape, or
color would conflict with the proper functioning of any traffic sign
or signal or which by its shape or color would conflict with or be
confused with emergency vehicle lights, especially blinking lights.
Use of words such as "stop," "look," "danger," or any other word,
phrase, symbol or character in such a manner as to interfere with,
mislead, or confuse traffic is prohibited.
(f)
Signs on traffic islands.
Signs are prohibited on traffic
islands or any area having a minimum distance of less than fifty feet
(50’) between the curblines of any street or streets.
(g)
Signs obstructing egress, light or ventilation.
(1)
No sign shall be erected, constructed, or maintained so as to obstruct
any means of egress, or any opening necessary for required light,
ventilation, or firefighting or for escape from the premises, or so
as to prevent free passage from one part of a roof to any other part
thereof.
(2)
No sign shall be attached to any exterior stairway, fire escape,
fire tower balcony or balcony serving as a horizontal exit.
(3)
No sign shall be erected, constructed, or maintained so as to interfere
with the free operation of a counterbalanced section of a fire escape,
and no projecting sign shall be erected, constructed, or maintained
without a minimum of seven feet (7’) of clearance over any such
counterbalanced section.
(4)
No sign shall obstruct the free use of any window above the first
story.
(h)
Signs employing motion picture machine.
No sign shall
employ a stereopticon or motion picture machine.
(i)
Sign permit does not create permanent easement.
No permit
for a sign extending beyond private property onto a public street,
public sidewalk, or public alley shall constitute a permanent easement,
and every such permit shall be revocable at any time by action of
the city council and the city shall not be liable for any damages
to the owner by reason of such revocation.
(j)
Change of ornamental features, electric wiring or advertising display.
No sign permit is required for the change of any of the ornamental
features, electric wiring or devices, or the advertising display of
a sign previously permitted. This provision shall not apply to spectacular
signs with respect to advertising display, nor shall it release a
person from complying with all other applicable permitting requirements
of the city.
(k)
Signs obscuring or interfering with view of drivers.
Signs may not be located or illuminated in such a manner as to obscure
or otherwise interfere with the effectiveness of an official traffic
sign, signal or device, or so as to obstruct or interfere with the
view of a driver of approaching, emerging or intersecting traffic,
or so as to prevent any traveler on any street from obtaining a clear
view of approaching vehicles for a distance of two hundred fifty feet
(250’) along the street.
(l)
Lighted signs interfering with view of drivers.
Signs
containing lights which are not effectively shielded as to prevent
beams or rays of light from being directed at any portion of the traveled
way from which the sign is primarily viewed and which are of such
intensity or brilliance as to cause glare or to impair the vision
of the driver of any motor vehicle, or which otherwise interfere with
any driver's operation of a motor vehicle, are prohibited.
(m)
Spectacular signs.
Spectacular signs shall be subject
to the following restrictions:
(1999 Code, sec. 4.608; Ordinance
adopting Code; Ordinance
3030 adopted 4/11/2022; Ordinance 3033 adopted 4/25/2022)
