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:
Advertising.
To seek the attraction of or to direct the attention of the
public to any goods, services, or merchandise whatsoever.
Business purposes.
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.
Changeable electronic variable message sign (CEVMS).
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.
Curbline.
An imaginary line drawn along the edge of the pavement on
either side of a public street.
Interstate and 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.
Non-freeway primary system.
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.
Person.
An individual, company, corporation, partnership, association,
or any other entity.
Public right-of-way.
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.
Public street.
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.
Residential purposes.
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.
Right-of-way.
The property fronting on, immediately adjacent to, and on
either side of a public street or a nonpublic street.
Sign.
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.
Sign structure.
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.
Total front footage.
The total length of the footage of property fronting on both
sides of a public street.
(1999 Code, sec. 4.602)
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) 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:
(A)
Signs that have an effective area greater than 36 feet;
(B)
Signs that are more than eight feet high;
(C)
Signs that are illuminated; or
(D)
Signs that have any moving elements.
(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:
(1) Spectacular signs with glaring strobe or spot lights or rotating
strobe or spot lights are prohibited.
(2) All other spectacular signs shall be prohibited, with the exception
that moving or intermittent lights may be used to give time, date,
temperature, weather or stock market reports only.
(1999 Code, sec. 4.608; Ordinance
adopting Code; Ordinance
3030 adopted 4/11/2022; Ordinance 3033 adopted 4/25/2022)