The provisions of this division shall apply only to off-premises signs, as that term is defined in section 3.06.003 of this article, within the city limits.
(1999 Code, sec. 4.610)
The following definitions shall apply to this division:
Property that is devoted to use for commercial or industrial
purposes, and not for residential purposes. "Commercial or industrial
activity" shall not include the following:
Signs;
Agricultural, forestry, ranching, grazing, farming and related
activities, including, but not limited to, temporary wayside fresh
produce stands;
Activities not housed in a permanent building or structure;
Activities not visible from the traffic lanes of the main traveled
way;
Activities conducted in a building primarily used as a residence;
and
Railroad right-of-way.
The right-of-way (and adjoining property area) between two
(2) intersecting public streets in which a majority of the total front
footage is used for residential purposes.
(1999 Code, sec. 4.610(1))
Effective the date of passage of this section, no new construction
permits shall be issued for off- premises signs within the city limits
and no additional off-premises signs shall be erected within the city
limits. This prohibition shall apply to all classifications of signs,
types of signs and special function signs, and all other signs used
as off-premises signs, including portable signs, with the exception
that off-premises signs which advertise the sale or rental of real
property or direct persons to the location of real property for sale
or rental, which signs shall be limited to forty (40) square feet
in area, shall continue to be permitted for a single three-year term.
(1999 Code, sec. 4.610(2))
(a)
All
off-premises signs shall be located within eight hundred feet (800’)
of a commercial or industrial activity.
(b)
No
off-premises sign shall be located in a primarily residential area.
(c)
No
off-premises sign shall be erected, constructed or established such
that the face of the structure may be viewed from a scenic or historical
right-of-way or district.
(d)
All
off-premises signs other than those located on the interstate and
freeway primary system shall be subject to the following spacing requirements
from other off-premises signs on the same side of the public right-of-way
(see also "Spacing of Off-Premises Signs" below):
(1)
No off-premises sign having a face area in excess of three hundred
(300) square feet shall be located within four hundred feet (400’)
of another off-premises sign;
(2)
No off-premises sign having a face area of from one hundred (100)
to three hundred (300) square feet shall be located within two hundred
feet (200’) of another off-premises sign; and
(3)
No off-premises sign having a face area up to one hundred (100) square
feet shall be located within one hundred feet (100’) of another
off-premises sign.
|
Spacing of Off-Premises Signs
| |||
|---|---|---|---|
|
Face Area of Sign
|
Distance to Other Signs in Feet
| ||
|
Area 300 - 900
|
Area 100 - 300
|
Area Less Than 100
| |
|
In excess of 300 square feet
|
400
|
400
|
400
|
|
100 - 300 square feet
|
400
|
200
|
200
|
|
Less than 100 square feet
|
400
|
200
|
100
|
|
All signs on interstate and freeway primary system
|
500
|
500
|
500
|
(4)
From and after the date of adoption of this subsection, any sign
using light-emitting diodes shall be permitted only if shielded from
view by a covered sign face. CEVMS are prohibited in all areas.
(e)
The
spacing provisions stated in this article relating to the location
of off-premises signs shall not apply to the following signs:
(1)
Signs lawfully erected and lawfully existing on the date of final
passage of this section which are on the federal primary system and
subject to regulation under the provisions of the Texas Highway Beautification
Act, V.T.C.A., Transportation Code, chapter 391, including all amendments
(the Texas act), or are subject to regulation under the Federal Highway
Beautification Act, 23 U.S.C.A. section 131 et seq., including all
amendments (the federal act). Location and spacing of signs subject
to the Texas act and federal act shall be regulated by the city only
to the extent required by and in accordance with the directives of
the appropriate state and federal agencies regulating such signs.
Signs governed by the Texas act or the federal act with respect to
location and spacing shall be subject to the remaining provisions
of this article unless specifically excluded therefrom by the Texas
act or the federal act or by the rules and regulations of the state
and federal agencies implementing such acts;
(2)
Signs separated by buildings, natural surroundings or other obstructions
in such a manner that only one (1) sign located within the above space
distances is visible from the highway or street at any one time; and
(3)
Signs at street intersections which are located so that each is to
be viewed primarily from a separate street; in no instance, however,
shall any off-premises sign be located less than twenty-five feet
(25’) from any other off-premises sign when located on street
corner intersections.
(f)
Each
double-faced, back-to-back, or V-type sign shall be considered as
a single off-premises sign for spacing purposes. The largest face
on a double-faced, back-to-back, or V-type sign will govern spacing
requirements.
(g)
In
computing the distance between off-premises signs, all measurements
shall be made parallel to the edge of the street and on the same side
of the street. In measuring the distance from back-to-back and V-type
signs, the measurements shall be made from the street end of the nearest
sign on the back-to-back or V-type structure.
(1999 Code, sec. 4.610(3))
All off-premises signs and sign structures shall be within the
deeded front building line, or, if no such line exists, within the
property line, but in no event closer than twenty feet (20’)
to the curbline of any public street.
(1999 Code, sec. 4.610(4))
All off-premises sign structures which are not located on the
interstate and freeway primary system shall be supported by not more
than three (3) steel columns or three (3) columns of material that
is of strength equal to or stronger than steel, if the face area of
the sign is over three hundred (300) square feet or less [sic], the
structure shall be supported by not more than two (2) steel columns
or two (2) columns of material that is of strength equal to or stronger
than steel.
(1999 Code, sec. 4.610(5))
Within forty-five feet (45’) of an intersection, no part
of the face of an off-premises sign shall be lower than a height of
eight feet (8’) above the grade level of the nearest street.
(1999 Code, sec. 4.610(6))
Any off-premises sign structure lawfully erected and maintained
which has no copy, transcript, reproduction, model, likeness, image,
advertisement or written material for a period of one hundred twenty
(120) consecutive days is hereby declared to be a violation of this
division, and as such shall be restored to use or removed by the owner
or permittee within thirty (30) days after notice by the sign administrator
of such violation. If the owner or permittee fails to restore the
off-premises sign structure to use or move the abandoned off-premises
sign structure within the specified thirty (30) days, the sign company
which received a permit for the sign shall be deemed to have forfeited
any required bond and the sign administrator shall use the proceeds
to remove the abandoned off-premises sign structure.
(1999 Code, sec. 4.610(7); Ordinance
adopting Code)
