As used in this article, the following terms shall have the respective meanings ascribed to them:
Administrator.
The city administrator or other designated employee whose responsibility it is to administer the provisions of this article.
Billboard.
A billboard is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or noncommercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.
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 but not limited to an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the public right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
Directional Sign.
A sign erected and maintained by local officials within the public right-of-way, to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational or educational interest.
Nonconforming Sign.
A sign which was lawfully erected and maintained at the effective date of this article, but does not comply with the provisions of this article.
Off-Premises Sign.
A sign that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
On-Premises Sign.
A sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
Person.
An individual, organization, partnership, corporation, or any other business entity, whether organized for charity or for profit.
Premises.
The contiguous land in the same ownership or control which is not divided by a street, together with any building or structures occupying it.
Sign.
Any surface, fabric, device, display or visual medium, including the component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term “sign” includes a billboard and CEVMS. The term “sign” includes the sign structure.
Structure.
Anything constructed, installed, built, or erected, which requires a permanent location on the ground, or which is attached to something that has a permanent location on the ground.
(Ordinance 472 adopted 5/13/08)
The provisions of this article shall be applicable within the corporate limits of the city and the area of its extraterritorial jurisdiction as defined by Chapter 42 of the Texas Local Government Code. The purpose of this article is to protect the health, safety, welfare, convenience and enjoyment of the general public and to protect the public from injury which may be caused by the unregulated installation, construction or erection of off-premises signs, billboards, CEVMS and other types of signs. It is the intent of these regulations to achieve the following:
(1) 
Enhance the economic value of the landscape by avoiding visual clutter which is potentially harmful to property values and business opportunities;
(2) 
Promote the safety of persons and property by providing that signs do not create a hazard, due to collapse, fire, collision, weather or decay;
(3) 
Protect the safety and efficiency of the public’s road system by reducing the confusion or distraction to motorists and enhancing motorists’ ability to see pedestrians, obstacles, other vehicles and traffic signs;
(4) 
Enhance the impression of the city which is conveyed to tourists and visitors; and
(5) 
Protect adjacent and nearby properties from the impact of billboard signs.
(Ordinance 472 adopted 5/13/08)
No person shall erect, construct, or install the following at any location within the corporate limits or the extraterritorial jurisdiction of the city:
(1) 
Off-premises signs, including billboard signs;
(2) 
Signs erected in violation of the city’s building, electrical or sign codes, or other applicable local regulations;
(3) 
Signs erected in violation of federal or state law;
(4) 
Portable signs;
(5) 
Signs erected in or projecting into the public right-of-way unless an encroachment agreement is approved by the city council; or
(6) 
Changeable electronic variable message signs (CEVMS).
(Ordinance 472 adopted 5/13/08)
The following signs are exempted from the requirements of section 3.1203 of this article:
(1) 
Signs applied to the body of vehicles.
(2) 
Temporary signs, as follows:
(A) 
Temporary decorative flags.
(B) 
Temporary public interest signs, including portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious organization, subject to the following:
(i) 
Temporary signs shall be maintained for no more than fourteen (14) days in a twelve-month period.
(3) 
Warning, security and directional signs for parking, traffic control, and special events.
(4) 
Municipal government signs, flags, or legal notices.
(5) 
Political signs, subject to the following restrictions:
(A) 
Said signs shall not be erected more than sixty (60) days prior to any primary or general election to which the sign pertains.
(B) 
Said signs shall be removed within ten (10) days after the general or run-off election to which the sign pertains.
(6) 
Homebuilder/subdivision signs, subject to the following:
(A) 
Signs shall not be located in the public right-of-way.
(B) 
Written permission shall be obtained from owners of property where sign is located.
(C) 
Height shall not exceed eight (8) feet measured from the ground at grade level to the top-most portion of the sign structure.
(D) 
The total surface area of the sign shall not exceed thirty-six (36) square feet.
(7) 
On-premises development signs (signs identifying a developer’s property and sales office/model home sites), subject to the following:
(A) 
Sales office/model homes:
(i) 
No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m.
(ii) 
Sign must be located on the site of the model home.
(iii) 
Height shall not exceed eight (8) feet measured from the ground at grade level to the top-most portion of the sign structure.
(iv) 
The total surface area of the sign shall not exceed thirty-six (36) square feet.
(8) 
Nameplate and street address signs.
(9) 
Real estate signs, temporary in nature, advertising the sale or lease of real property on which the sign is located or announcing contemplated improvements of real property on which the sign is located. The height of such a sign shall not exceed eight (8) feet measured from the ground at grade level to the top-most portion of the sign structure. The total surface area of the sign shall not exceed thirty-six (36) square feet.
(10) 
Construction signs, denoting the owner, architect, financial institution, general contractor, subcontractor or any statement pertaining to the project on the real property on which the sign is located. The height of such a sign shall not exceed eight (8) feet measured from the ground at grade level to the top-most portion of the sign structure. The total surface area of the sign shall not exceed thirty-six (36) square feet.
(11) 
“No Dumping” and “No Trespassing” signs.
(Ordinance 472 adopted 5/13/08)
A nonconforming sign may be altered only as follows, subject to complying with permitting requirements set out in this article:
(1) 
The letters, symbols or other matter on the sign may be changed, except no sign may be converted to a changeable electronic variable message sign (CEVMS).
(2) 
A sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source, may be repaired, provided that the cost of repairing the sign is sixty (60) percent of the cost of erecting a new sign of the same type at the same location, or less. If the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign.
(3) 
Maintenance operations may be performed on the sign. For purposes of this article, “maintenance operations” means the process of keeping a sign in good repair. Maintenance operations include cleaning, painting, repair or replacement of parts in a manner that does not alter or remove the basic design or structure of the sign. Examples of actions that are not maintenance operations include, without limitation, conversion of a sign from a multiple pole structure to a monopole structure, replacement of wooden poles with metal poles, and any task that requires removal of the display surface from its supporting structure for any purpose other than changing letters, symbols or other matter on the sign. If a sign is dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matter on the same, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with the applicable ordinances of the city. All other alterations of any nature whatsoever in connection with nonconforming signs are prohibited. If any such alteration is performed, the owner shall remove the sign or bring it into compliance with this article, and all other applicable ordinances.
(4) 
Under no conditions may an existing nonconforming sign be converted or altered to a changeable electronic variable message sign (CEVMS).
(Ordinance 472 adopted 5/13/08)
Special exceptions to the provisions of this article may be permitted, if the city council finds that in its opinion, such exception will not substantially affect adversely the uses of adjacent and neighboring property, nor will the exception unduly adversely affect the visual environment of the area in which the exception is requested. In granting special exceptions under the provisions of this article, the city council may designate such conditions in connection therewith, in its opinion, which will secure substantially the purposes and intent of this article. If the conditions imposed by the city council are not met within sixty (60) days of the granting of the special exception, the city council may order the removal of all improvements made by the applicant under the special exception.
(Ordinance 472 adopted 5/13/08)