(a) It is
the purpose of this article:
(1) To
enhance the aesthetics and attractiveness of the city for its citizens
and visitors by:
(A) Establishing standards for the spacing of billboards, maximum sign
facings, and maximum billboard heights.
(B) Relating billboards to the approved major thoroughfare plan.
(C) Protecting historic districts and the ambiance of city avenues and
municipal parks from further intrusion of billboards. The provisions
of this article shall be applicable to the entire area within the
corporate limits of the city and its extraterritorial jurisdiction.
(2) To
protect the public health, safety and welfare by setting standards
for:
(A) The construction and erection of billboards and other types of signs.
(B) Ensuring the safe construction, electrical connections and safety
of all signs covered under this article.
(b) Except
as hereinafter specified, any sign existing on the effective date
of this article which does not conform with the provisions of this
article will not be affected by the article.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.001)
The provisions of this article shall be applicable to the entire
area within the corporate limits of the city and in the extraterritorial
jurisdiction of the city.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.002)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Advertising Bench.
Any bench providing seating to the general public without
charge, which may bear advertising. Advertising benches are not regulated
by this article.
Bill.
An advertising poster or a handbill.
Billboard.
An erection annexed to the land for the purpose of posting
advertising bills and posters and having a sign face area exceeding
32 square feet.
Billboard Operator.
Any person who holds a Texas Outdoor Advertising License
to install, erect, service, maintain, alter, repair or demolish billboards.
Building Official.
The person within the city charged with the administration
and enforcement of this article.
Commercial Sign Operator.
Any person installing, erecting, servicing, maintaining,
altering, repairing or demolishing commercial signs.
Cultural Facilities.
Establishments such as, but not limited to, museums, art
galleries, public libraries and community centers, botanical and zoological
gardens and theaters for performing arts which, although they may
charge an admission fee, are essentially nonprofit and are principally
funded through public expenditures, foundation grants and donations.
Developer.
One who is engaged in the business of assembling, preparing
and promoting land for real estate development. A developer may or
may not actually be involved in residential construction, for example,
homebuilding.
Embellishments.
Any feature such as a cutout, neon or plastic letters, clock,
electric device and space extension which is added to an outdoor advertising
structure.
Fireproof Structure.
A sign constructed entirely of steel members, including structural
support for the sign face. The sign face and its support members may
be constructed of wooden or metal panels.
Historic Area.
A district or zone designated by the city council or a unit
of the state or federal government, within which the buildings, structures,
appurtenances and places are of basic and vital importance because
of their association with history or because of their unique architectural
style and scale. An historic area may also be a part of or related
to a square, avenue, park or other area, the design of which should
be preserved and developed based on cultural, historical or architectural
motives or purposes.
Historical Building.
Any building or structure which is designated as historically
or architecturally significant by a unit of local, state or federal
government.
May.
Implies permissiveness and connotes a nonmandatory action.
Neighborhood.
A distinct segment of the community whose boundaries are
defined by physical barriers such as major arterial streets and railroads
and natural features such as creeks and rivers.
Outputs.
An industry term referring to reproductions of that portion
of the graphic elements of a billboard which project beyond the normal
limits of the advertising face to dramatize the copy and the advertising
message.
Park.
A publicly owned tract of land designated and used by the
public for active and passive recreation.
Shall.
Connotes a mandatory action.
Sign.
Any object, device, display or structure or part thereof
visible from a street or walkway, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. The enumeration of signs
in this definition shall not be considered to be exclusive. Sign includes
all other devices or structures as may reasonably be included under
it, whether attached or unattached. This definition excludes all national
or state flags, nonelectric window displays, graffiti, athletic scoreboards
and the official announcements or signs of government. Types of signs
include, but are not limited to, the following:
(1)
Animated or Moving Sign. Any sign or part of a sign which changes physical position by any
movement or rotation or which gives the visual impression of such
movement or rotation.
(2)
Awning or Marquee Sign. A sign that is mounted or painted on an awning or marquee that is
otherwise permitted by ordinance.
(3)
Back-to-Back Sign. A
structure containing two parallel signs whose faces are oriented in
opposite directions and are spaced no more than 10 feet apart.
(4)
Billboard Sign. Any
outdoor sign, description, device, figure, painting, drawing, message,
placard, poster, structure or thing, except those advertisements placed
on benches provided for the convenience of the public, which directs
the attention of the traveling public to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
(5)
Canopy Sign. A sign
that is mounted or painted on a canopy.
(6)
Commercial Sign. A sign
which directs attention to a business, product, service or activity.
(7)
Electric Sign. Any sign
on which letters, designs or messages are formed or outlined by electric
illumination or by a transparent or translucent medium which is electrically
illuminated, whether the illuminating device is contained within or
on the sign, all outside building outlining and interim decorative
displays and gas tube window outlining. Signs illuminated by electric
lights which are not attached to the sign, and signs which are lighted
by floodlights or projectors are not classified as electric sign within
the meaning of this article. Any portable sign that has electrical
components attached, connected to or part of the sign or support,
whether electrified or not, shall be considered an electric sign and
all sections of this article pertaining to electric signs shall apply.
(8)
Flashing Sign. Any directly
or indirectly illuminated sign which exhibits changing natural or
artificial light or color effects by any means whatsoever.
(9)
Governmental Signs. A
sign erected and maintained pursuant to and in discharge of any governmental
functions or required by law, ordinance or other governmental regulation.
(10)
Nonconforming Sign. A
sign which was lawful prior to the adoption on August 23, 1994, or
revision or amendment of this article, but which fails, because of
such adoptions, revision or amendment, to conform to this article.
(11)
Occupational Signs. Signs
not to exceed three square feet in area denoting only the name and
profession of an occupant in a commercial, public, office or institutional
building.
(12)
Off-Premise Commercial Sign. A sign which directs attention to a business, product, service or
activity other than that which is conducted on the premises where
such sign is located.
(13)
Off-Premise Portable Sign. Any portable sign which directs attention to a business, product,
service or activity other than that which is conducted on the premises
where such sign is located.
(14)
On-Premise Commercial Sign. A sign which directs attention to a business, product, service or
activity which is conducted upon the premises where such sign is located.
(15)
Overhanging Sign. A
sign which is suspended over a sidewalk, street or other public right-of-way.
An overhanging sign may or may not be a projecting sign.
(16)
Pole Sign. A sign that
is mounted on a free standing pole or other support.
(17)
Political Sign. A temporary
sign announcing or supporting political candidates or issues in connection
with any national, state or local election.
(18)
Portable Sign. Any sign
designed or constructed to be easily moved from one location to another,
including a sign mounted upon or designed to be mounted on a trailer,
wheeled carrier or other nonmotorized mobile structure. A portable
sign which has its wheels removed shall still be considered a portable
sign. The term nonelectric portable sign means any portable sign which
does not have electrical components.
(19)
Projecting Sign. A sign
that is wholly or partly dependent upon a building for support and
which projects more than 12 inches from such building.
(20)
Real Estate Sign. A
sign pertaining to the sale or lease of the premises or a portion
of the premises on which the sign is located.
(21)
Roof Sign. A sign that
is mounted on and is wholly supported by the roof of a building and
which projects above the point of a building with a flat roof, the
cave line of a building with a gambrel, gable or hip roof, or the
deck of a building with a mansard roof.
(22)
Sign Face. The area
or display surface used for the message.
(23)
Sign Face Area. The
entire advertising area of a sign excluding any framing, trim or molding
and the supporting structure.
(24)
V-Type Sign. A structure
composed of two signs with the facts oriented in opposing directions
and in the shape of the letter V; provided, however, that only one
face can be viewed from any one direction.
(25)
Wall Sign. A sign fastened
to or painted on the wall of a building or structure in such a manner
that the wall becomes the supporting structure for or forms the background
surface of the sign and which does not project more than 12 inches
from such building or structure.
(26)
Window Sign. Any sign
on the surface of a window of any establishment which advertises services,
products or sales.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.003)
(a) No person
shall affix a sign or bill by any means whatsoever to any public building,
property or thing belonging to the city or to any other public entity
without the approval of that authority. This prohibition shall extend
also to posting bills within city parks or to trees on public rights-of-way.
(b) This
section shall not be construed to prevent any public official from
posting a governmental sign or bill for a public purpose.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.004)
No person shall affix a sign or bill by any means whatsoever
to any private property without having first obtained the written
permission of the owner or his or her agents.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.005)
No person shall erect or display any obscene matter upon any
sign.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.006)
(a) Any
sign erected, altered, used or maintained in violation of this article
shall constitute a public nuisance.
(b) If the
owner or operator fails to remove a sign within 14 days after being
notified in writing to do so, it may be removed by the city at the
expense of the owner or the person erecting, using or maintaining
it.
(1) Any
sign so removed shall be stored or impounded and shall not be returned
to the owner until all applicable charges are paid.
(2) If
any sign remains unclaimed for a period of 30 days after its removal,
or if the removal and storage costs are not paid within the 30 day
period, the city may destroy, sell or otherwise dispose of the sign.
(c) No future
permits will be issued to the owner or operator until all previous
fines and costs have been paid.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.007)
(a) Any
sign or billboard which has been assessed by a city building official
as being damaged beyond 50% of its replacement value must be removed
no later than 30 days after written notification. After 90 days, the
owner will be subject to fines up to, but not to exceed, $200 per
day for each day the violation exists after the initial 90 day period
following initial violation notification.
(b) Upon
removal or destruction of any nonconforming sign or billboard, nonconforming
status shall be lost to that site and no new nonconforming sign or
structure shall be erected thereon; except, however, that any owner,
as of the effective date hereof, of any nonconforming sign or billboard
may replace the sign or billboard with another of equal or smaller
dimensions that otherwise complies with the requirements of this article.
(c) Should
any sign become insecure or in danger of falling or otherwise unsafe
in the opinion of the building official, the owner thereof, or the
person or firm maintaining the same, shall upon written notice from
the building official, forthwith in the case of immediate danger and
in any case within 10 days, remove such sign or secure the same in
a manner to be approved by the building official, in conformity with
the provisions of this article. If such order is not complied with
within 10 days, the building official shall remove such sign at the
expense of the owner or lessee thereof.
(d) All
abandoned signs or billboards must be removed within 90 days from
the date of abandonment.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.008)
The permit holder, owner, agent, person or persons having the
beneficial use of the sign, the owner of the land or structure on
which the sign is located, and the person in charge of erecting the
sign are all subject to the provisions of this article and are subject
to the penalty provided in Section 1.109 of this code.
(1995 Code of Ordinances, Title XV, Chapter 155,
Section 155.009)