The purpose of this article is to establish reasonable regulations
for the design, construction, installation, and maintenance of all
exterior signs within the city in order to:
(1) Balance
the right of individuals to identify their businesses and convey their
messages and the right of the public to be protected against the unrestricted
proliferation of signs;
(2) Further
the objectives of the city’s comprehensive plan;
(3) Protect
the public health, safety, and welfare;
(5) Facilitate
the creation of an attractive and harmonious community;
(7) Promote
economic development; and
(8) Preserve
the right of free speech exercised through the use of signs containing
noncommercial messages.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-1)
As used in this article, unless the context indicates otherwise:
Advertising.
means to seek the attraction of or to direct the attention
of the public to any goods, services, business, activity, or merchandise
of any kind or type.
Amateur ball park signs.
means those signs constructed, attached, hung, placed, suspended,
affixed, or painted upon a structure in an amateur ball park that
seek the attention of or direct the attention of patrons of the ball
park to any goods, services, business, activities, or merchandise
of any kind or type.
Billboard sign.
means a sign that advertises goods, products or services
that are not sold, manufactured or distributed on or from the premises
or facilities on which the sign is located.
Business establishment.
means any property, building, or structure, permanent or
temporary, used for the 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 establishment” shall not include
any property, building, or structure used for the primary purpose
of securing a permit to erect a sign.
Business purposes.
means the erection or use of any property, building, or structure,
permanent or temporary, used for the 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.
City manager.
means the person appointed by the mayor and approved by the
city council to administer, enforce, and carry out the terms and conditions
of this article and all other provisions of laws or ordinances relating
to signs. The term “city manager” includes the city manager’s
designee.
Erect.
means to build, construct, attach, hang, place, suspend,
affix, or paint a sign.
Facing or surface.
means the surface of the sign upon, against, or through which
a message is displayed or illustrated on the sign.
Feather sign.
means a freestanding wind device consisting of a loose cloth,
plastic or polyknit sign face that flutters in the wind from a harpoon-style
pole or staff driven into the ground for support, or having a crossbar
base suitable for standing or weighting the sign securely on a hard
surface, and any functionally similar display devices.
Illuminated sign.
means any sign that has characters, letters, fixtures, designs,
or outlines illuminated externally by electric lights or internally
by luminous tubes or other devices.
Incombustible material.
means any material that will not ignite at or below a temperature
of 1,200 degrees Fahrenheit and will not continue to burn or glow
at that temperature.
Inflatable sign.
means an air- or gas-filled device anchored or tethered to
a building, the ground or a site and used for the purposes of signage
or attention-getting.
Monument sign.
means any freestanding sign having a low profile and made
of masonry, metal, rounded wood planks or beams, durable plastic or
similar materials, including individual lettering, which repeat or
harmonize with the architecture of the establishment it serves. Monument
signs must be built on a monument base as opposed to a pole base.
Multifamily dwelling complex.
means a townhouse, condominium, or apartment complex of one
or more buildings or portions thereof located on a single tract of
land that contain three or more separate dwelling units that share
means of egress and other essential facilities.
Off-premises sign.
means any sign advertising a business, person, activity,
goods, products, or services not usually located on the premises where
the sign is installed and maintained, or that directs persons to any
location not on the premises.
On-premises sign.
means any sign identifying or advertising the person, activity,
goods, business, products, or services primarily sold or offered for
sale on the premises or property where the sign is installed and maintained
when such premises is used for business purposes.
Permittee.
means a person receiving a sign permit pursuant to the provisions
of this article.
Person.
means an individual, company, corporation, partnership, association,
or any other entity.
Pole sign.
means any sign supported by one or more columns, poles, uprights, or braces anchored in or on the ground and not attached to any building and as defined by the International Building Code adopted by article
4.02 of this code.
Portable sign.
means any sign designed or constructed to be easily moved
from one location to another and which is mounted upon or designed
to be mounted upon a wheeled carrier or other framed structure.
Residential purposes.
means property devoted to use as a single-family or multifamily
residence. Residential purposes shall include, but not be limited
to, property used for houses, apartments, duplexes, condominiums,
townhouses, townhomes, and patio homes; property used for hotels,
motels, and boardinghouses shall not be considered as used for residential
purposes.
Right-of-way.
means that property or right-of-way owned by the city, county,
or state and used for the purposes of roads, highways, drainage, and
public utilities.
Shopping center or integrated business development.
means a commercial development, such as a strip center, mall,
multi-tenant office building, commercial center, or industrial complex,
in which two or more separate businesses occupy a single or multiple
structure which share on-site parking facilities and common driveways.
Sign.
means any writing, pictorial representation, illustration,
emblem, symbol, design, or other figure of similar character which
is a structure or a part thereof, or is attached to or in any manner
represented on a building or other structure, is placed out-of-doors
in view of the general public, and is used for purposes of advertisement,
announcement, declaration, demonstration, display, identification,
or expression. The term “sign” shall include the sign
structure.
Sign permit.
means a permit issued by the city to erect a sign. Additionally,
a sign permit refers to the continuing authorization by the city for
the permit holder to maintain and operate a sign within the city while
such sign conforms to the provisions of this article.
Sign structure.
means any structure, device, or system which supports or
is capable of supporting a sign.
Temporary business sign.
means any sign, banner, pennant, or other advertising display
constructed of cloth, canvas, light fabric, cardboard, or other light
materials, with or without frames, with or without words, intended
to be displayed for a limited period of time on the property of the
business.
Wall sign.
means any sign mounted parallel to a wall of any building
extending 18 inches or less horizontally from the structure to which
it is affixed.
Wind device sign.
means any flag, banner, pennant, streamer, balloon, or similar
sign made of cloth, canvas, plastic, or other flexible material, with
or without a frame or other supporting structure, that moves or is
designed or intended to move or blow in the wind.
(Ordinance 09-668, sec. 1, adopted 3/12/09; Ordinance 17-806, sec. 1, adopted 8/24/17; 2007
Code, sec. 33-2)
There are hereby created the following sign districts:
(1) Sign District A.
Sign District A shall include all property
located within the city:
(A) Adjacent to and fronting on the right-of-way of I-59 and its frontage
roads;
(B) Adjacent to and fronting on the right-of-way of FM 1960 Bypass Road
East;
(C) Adjacent to and fronting on the right-of-way of FM 1960 Bypass Road
West; or
(D) Adjacent to and fronting Will Clayton Parkway and its frontage roads.
(2) Sign District B.
Sign District B shall include all property
that is not included within Sign District A located within the city:
(A) Adjacent to and fronting on the rights-of-way of State Spur 184;
(B) Adjacent to and fronting on the rights-of-way of Wilson Road; or
(C) Adjacent to and fronting on the rights-of-way of Houston Avenue between
Issacks and First streets.
(3) Sign District C.
Sign District C shall include all property
that is not located within Sign District A or Sign District B.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-3)