[1]
Editor’s note–Ordinance 916 adopted by the city on December 3, 2007 amended the Code of Ordinances by deleting unnecessary or duplicative provisions regarding HUD-code manufactured homes. Provisions for manufactured homes and trailers can be found in Article 9.500.
It is declared to be the intent and purpose of this article to create the legal framework for a comprehensive and balanced system of sign regulations within the city and its extraterritorial jurisdiction that protects the health, safety, comfort, convenience, prosperity and general welfare of the citizens and that:
(1) 
Provides for signs that are not hazardous to the public health and safety due to condition, size, decay or abandonment;
(2) 
Provides for signs that promote public safety by prohibiting signs that create traffic hazards through visual impairment, confusion or distractions;
(3) 
Provides for the size, scale, height, and location of signs are properly related to the overall adjacent land use and lot size;
(4) 
Provides that off-premises signage is compatible with adjacent land uses and does not obscure views of adjacent on-premises signs; and
(5) 
Maintains, promotes and enhances the visual aesthetics of the community by providing for signs that are not a nuisance, block or interfere with scenic views and are not detrimental to the taxable values of property throughout the city.
(Ordinance 1043 adopted 9/9/19)
In this article these words have the meaning indicated unless a different meaning clearly appears from the context:
Abandoned Sign.
A sign where no legal owner can be found and is:
(1) 
Considered a dilapidated or damaged sign; or
(2) 
Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions.
Attached Sign.
A sign attached to a building structure, parallel to the building wall and extending no further than 1 foot out from the building it is attached to.
Banner.
A temporary sign that is generally constructed of lightweight plastic, fabric or a similar material, that is over one square foot in size, and that is mounted/tethered to a pole(s), building or other structure.
Billboards.
See definition found in Section 9.502 of this code.
Building Sign.
A sign attached to a building structure and extending no further than 1 foot from the building wall or fascia.
Dilapidated Sign or Damaged Sign.
A sign where, in the opinion of the city’s building inspector, meets any of the following characteristics:
(1) 
The structure supporting the sign is damaged or frame members are visibly bent, broken, dented, or torn requiring more than minimal reconditions to restore it to an average, normal state of repair;
(2) 
The display surface is visibly torn, cracked or, in the case of wood and similar products, splintered in such a way as to constitute a potential harmful condition;
(3) 
The sign or its elements are not in compliance with the requirements of the current electrical code and/or the building code of the city;
(4) 
Where the sign or its supporting structure is twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support);
(5) 
Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or
(6) 
The cost for repairing damage to the sign is equal to or greater than sixty percent (60%) of erecting a new sign of the same type at the same location.
Electronic Sign.
A permanent sign, display, or device that changes its message or copy by programmable electronic or mechanical processes.
Flag.
A piece of cloth or similar material, usually rectangular in shape, attachable by one edge to a pole or rope and used as the symbol or emblem of a country, political subdivision or institution. Examples would include the flag of the United States, State of Texas, or any other political subdivision thereof, or a flag of a bona fide religion, fraternal or charitable organization, or flags of corporations, subdivisions, or community associations or organizations.
Flagpole.
A freestanding structure or a structure attached to a building or to the roof of a building used for the sole purpose of displaying flags.
Footcandle.
A unit of light intensity used to calculate lighting levels.
Freestanding Sign.
A sign that is wholly self-supported by a structure in or upon the ground that is permanently affixed to the ground.
Illuminated Sign.
A permanent sign where the sign message area is designed to be illuminated in darkness by lights that are not a part of or integrated into the sign message area, whether or not the lights are attached to the sign itself.
Incidental Sign.
A sign that is purely informational and that has a purpose secondary to the use of the property on which it is located or that merely provides public safety information. Examples would be “no parking,” “towing enforced,” “entrance,” “loading only,” “telephone,” an address, professional nameplates and occupational signs attached to a building and other such directives or guidance.
Lot Frontage.
See definition found in Section 9.502 of this city code.
Message Area or Display Surface.
The portion of a sign made available and designed for communicating information.
Mosaic.
A picture or pattern produced by arranging together small colored pieces of hard material, such as stone, tile, or glass attached directly on a wall.
Mural.
Any and all paintings or other works of art painted directly on a wall, regardless of whether or not the intent is to advertise, shall be considered a mural.
Nonroutine Maintenance/Substantial Change.
Activities associated with a sign or sign structure that are not routine in nature that may require a building permit in addition to a sign permit before implementing. Examples of nonroutine sign maintenance or a substantial change include, without limitation, the following:
(1) 
Adding a catwalk to the sign structure;
(2) 
Any change to the sign support structure;
(3) 
Any change, other than routine maintenance, to the sign lighting system;
(4) 
Adding lights to an unilluminated sign, adding additional lights or lights of greater strength/luminosity to an illuminated sign whether or not the lights are attached to the sign structure;
(5) 
Replacing changing the number of poles in the sign structure;
(6) 
Adding permanent bracing wires, guy wires, or other reinforcing devices;
(7) 
Changing the material used in the construction of the sign structure, such as replacing wooden material with metal material;
(8) 
Adding faces to a sign or changing the sign configuration;
(9) 
Increasing sign message area;
(10) 
Increasing the height of the sign;
(11) 
Changing the configuration of the sign structure, such as changing a “V” sign to a stacked or back to back sign, or a single face sign to a back-to-back sign; and
(12) 
Moving the sign structure or sign face in any way.
On-Premises Sign/Message.
Any sign or electronic message which identifies a business, entity, product, or service located on the same premises as the sign.
Off-Premises Sign/Message.
Any sign or electronic message which identifies a business, entity, product, or service not located on the same premises as the sign.
Pennant.
A triangular shaped or other shaped ribbon or device which is greater than one inch in length and used either singularly or in groups on a line or pole for advertising purposes or for attracting the attention of the public.
Portable Sign.
Any sign designed to be removed and reused and that may from time-to-time be moved to various locations.
Projecting Sign.
A sign that is attached to a building that projects more than one foot from the building face with a sign message area that is not parallel to the building face.
Routine Sign Maintenance.
Activities designed for general upkeep and operation of a sign and its support structure including minor repairs and cleaning. Examples of routine sign maintenance include, without limitation, the following:
(1) 
The replacement of nuts and bolts;
(2) 
Nailing, riveting, or welding;
(3) 
Cleaning and painting;
(4) 
Manipulation of the sign structure to level or plumb it;
(5) 
Changing of the sign message;
(6) 
The replacement of minor parts if the materials of the minor parts are the same type as those being replaced and the basic design or structure of the sign is not altered;
(7) 
Changing all or part of the sign face structure but only if materials similar to those of the sign face being replaced are used;
(8) 
Upgrading existing lighting for an energy efficient lighting system; and
(9) 
Clearance and maintenance of area around sign foundations and anchoring.
Sandwich Board Sign.
Any temporary sign that is not permanently affixed to the ground and that is typically used for sidewalk advertising for retail businesses that can be set up and taken down by hand.
Sign.
Any outdoor medium visible from a public street, including any of its structure and component parts, that is used or intended to be used to attract visual attention and communicate information visually using words, pictures, symbols, lights, or any form of visual communication.
Sign Face.
That portion of the sign that is or can be used to identify, display, advertise, or communicate information, or for a visual representation which attracts or intends to attract the attention of the public for any purpose.
Sign Height.
The vertical distance between the highest point of the sign or its supporting structure and the natural grade directly below the sign.
Sign Message Area.
The total display area of a sign including the border and trim.
Sign Structure.
Any structure which is designed specifically for supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.
Temporary Sign.
Any sign intended to be displayed for a limited time and not permanently affixed to the ground or a structure.
Visibility Triangle.
See definition found in Section 9.502 of this city code.
(Ordinance 1043 adopted 9/9/19)
All signs that are not permitted as provided for in Section 9.304 or otherwise allowed under this article or other ordinances of the city are prohibited. This prohibition includes, without limitation, the following:
(1) 
Any sign not in compliance with any provision of this article.
(2) 
Any sign or sign structure posing a threat to the public health, safety, or welfare.
(3) 
Any sign attached to any tree, shrub, public light fixture, utility poles, public telephone poles, public buildings (other than an on–premises attached sign), fences, or railings.
(4) 
Any sign hand painted, or spray painted directly on a structure wall or covering, except for stenciled and professionally painted signs.
(5) 
Any sign (other than a traffic sign or signal installed under proper authority of a governmental entity) that imitates or resembles an official traffic signs, signals, or devices that may be confused with official traffic signs, signals, or devices or otherwise may cause confusion to pedestrian or vehicular traffic.
(6) 
Any sign with any wording, phrase, image, symbols, lighting, or any form of visual communication which is patently offensive because it affronts community standards relating to the description or representation of sexual matters, is utterly without redeeming social value or has been adjudicated to be obscene.
(7) 
Any sign erected or displayed in such a manner as to obstruct free and clear vision at any location, street, intersection, or driveway or otherwise places an obstruction in the visibility triangle except for properly placed traffic-control signs or signals or permitted utility poles.
(8) 
Unless permitted by Section 9.304(d)(7), signs placed or painted on vehicles, trailers, or other portable machinery or equipment which are parked and where the primary purpose of such vehicle, trailer or portable machinery or equipment is to provide a base for such sign, display a sign, or to constitute the sign itself.
(9) 
Any sign located such that it creates an obstruction or route deviation to vehicular or pedestrian traffic including fire escape routes.
(10) 
Any sign illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic.
(Ordinance 1043 adopted 9/9/19)
(a) 
Unless otherwise exempted in accordance with this article, no sign, whether permanent, temporary, freestanding, electronic, illuminated or attached to a building shall be erected, constructed, reconstructed, altered, displayed, installed or replaced within the city without first obtaining a sign permit from the city’s building inspector or his designee.
(b) 
This permit requirement applies to all signs erected, installed, constructed or when there is nonroutine sign maintenance performed or a substantial change made on or after the effective date of this article. All permanent signs in existence prior to the effective date of this article shall be required to obtain a permit before reconstructing, replacing, modifying, altering or performing nonroutine maintenance or a substantial change is made to such pre-existing sign.
(c) 
In addition to any permits required by this article, all signs must comply with all city zoning, fire, electrical and building codes, including engineering for applicable wind loading.
(d) 
Exemptions.
The following signs are exempt from the permit requirements of this section but must otherwise comply with all other provisions of this article:
(1) 
Traffic-control signs installed and maintained by a governmental entity responsible for the control and enforcement of traffic laws and safety. However, nothing contained herein shall be construed as relieving or otherwise exempting such signs from complying with any other regulations, as applicable, such as the Texas Manual of Uniform Traffic-Control Devices.
(2) 
Signs erected or maintained pursuant to a government function, required by law, ordinance or government regulation or located on property owned, leased or under the control of the United States, the state, county, the city, a public school, or an agency thereof and including flags, insignia, legal notices, informational, directional, and traffic signs which are legally required or necessary to the essential functions of government agencies.
(3) 
Changes or replacements to the face of a previously permitted or a sign allowed under this article so long as there is no increase in sign area or height, no substantive structural change is made. This does not include, however, changes proposed on a nonconforming sign.
(4) 
Signs for sites and structures of historical significance including names of buildings, dates of erection, monument statues, commemorative tablets and similar markers when carved into stone, concrete, metal, or any other permanent type of construction and made an integral part of an allowed structure or made flush to the ground.
(5) 
Signs installed by public utilities to mark utility locations and/or hazards.
(6) 
Temporary construction signs on private property after a building permit has been issued, if applicable, marking construction locations and providing construction related information and directions. This includes signs identifying the contractor or subcontractor performing work on a site where the sign is displayed. Provided however that such signs may not exceed a total of sixteen (16) square feet in sign area and must be removed from the premises within thirty (30) days of a certificate of occupancy has been issued or when the work is completed, whichever occurs first.
(7) 
Signs painted on or attached to any vehicle or trailer or other portable structure, provided that such vehicle, trailer or, if applicable, other portable structure, is currently licensed and inspected in the state and is in operable condition and such vehicle, trailer or other portable structure does not remain parked for longer than seventy-two (72) consecutive hours on the same property.
(8) 
Signs on equipment or machinery when the sign displays identification information, instructions, safety procedures, and notification information for the device.
(9) 
Flags attached to a flagpole.
(10) 
Address or nameplate signs for residential locations provided that they do not to exceed four (4) square feet in sign area.
(11) 
Signs on a coin-operated vending machine, fuel dispensing pump, automated teller machine, automotive vacuum cleaner, amusement ride, or similar machine, device or equipment. Signs protruding above such devices shall be limited to two (2) square feet.
(12) 
Signs not readily visible from a public street intended to provide information to a specific audience such as signs facing internally in an athletic field intended to be viewed by athletic event attendees within the athletic stadium.
(13) 
Incidental signs provided that no single sign has a sign area greater than four (4) square feet.
(14) 
Temporary signs meeting the requirements of Section 9.309.
(15) 
Temporary signs not exceeding nine (9) square feet in sign area.
(e) 
Additional Permits.
The sign permit required by this article is in addition to and does not supplant any other permits required by the city’s code including an electrical permit for any sign requiring electricity or any building permits when constructing or installing new signs, performing nonroutine sign maintenance or making a substantial change.
(f) 
Murals and Mosaics.
Murals and mosaics painted, executed or applied directly to a building wall require a sign permit, however the city’s review is limited to ensuring that the proposed mural or mosaic is not an obscenity.
(Ordinance 1043 adopted 9/9/19)
(a) 
All sign permit applications shall be filed with the city codes department. The city building inspector shall review the application and, if necessary, inspect the site where the sign will be located to confirm compliance with the proposed use stated in the application and compliance with the applicable building codes and ordinances of the city. Upon finding that the building or structure is in compliance with the provisions of this article, the building inspector shall issue a permit to the applicant containing the name, date, address, signature of the inspector and other relevant information deemed appropriate by the building inspector. The granting or denial of each permit application shall occur within ten (10) business days of a complete application being filed with the city codes department.
(b) 
The application for a sign permit shall contain, at a minimum, the following information:
(1) 
The name, resident address, e-mail address and telephone number of the applicant;
(2) 
The name, address, e-mail address and telephone number of the owner of the property where the sign will be located if different that [from] the applicant;
(3) 
A site plan of the proposed location for the sign;
(4) 
A detailed description of the size and type of sign proposed for the location (e.g. electronic sign, freestanding sign, illuminated sign, etc.);
(5) 
Details of any electrical or mechanical necessary for the construction and placement of the sign;
(6) 
A signed acknowledgement from the applicant and the property owner, if different from the applicant, that the property owner is legally responsible for complying with the regulations set forth in this article and any enforcement proceeding instituted under this article shall be directed towards the property owner. The property owner may provide the city building inspector with an additional party to which all notices and correspondence regarding enforcement of this article may be directed in addition to the property owner;
(7) 
Any additional information required by the building inspector reasonably necessary to ensure compliance with this article or other ordinances of the city or applicable laws of the state.
(c) 
Permit Revocable.
The building inspector may suspend or revoke any permit issued in accordance with this article whenever the permit was issued in error or on the basis of incorrect or false information, or it is determined that the sign or any supporting structure is in violation of any of the provisions of this code or any other ordinance of the city or applicable laws of the state.
(d) 
Permit Fee.
The permit fee for a sign will be established by the applicable fee schedule adopted by the city council. This permit fee may be in addition to any other permit or application fees associated with the construction or placement of the sign.
(e) 
Application.
This permit requirement applies to all permanent signs erected, installed or constructed on or after the effective date of this article. All permanent signs in existence prior to the effective date of this article shall be required to obtain a permit before reconstructing, replacing, modifying or altering such pre-existing sign.
(f) 
Appeal.
The denial of a permit or any adverse determination under this article by the building inspector may be appealed to the zoning board of adjustment in accordance with the provisions of Section 9.516 of this code.
(Ordinance 1043 adopted 9/9/19)
(a) 
Signs Prohibited.
No sign or any part of the sign structure may be located on or above or encroach upon any street, alley, park, or any other public right-of-way. This prohibition relates to all signs, including without limitation, the following:
(1) 
Temporary signs of any kind.
(2) 
Signs and placards applied to poles or any structure within a right-of-way, including utility poles and boxes, except for identification, warning, and contact information placards applied by the owning utility.
(3) 
Any temporary sign within railroad right-of-way.
(b) 
Exceptions.
The prohibition outlined in this section does not apply to:
(1) 
Any sign or sign structure lawfully placed in the public right-of-way by a governmental entity or as approved in writing by the city;
(2) 
Sandwich board signs next to buildings where there is a zero-lot line between the building and the right-of-way so long as they are no more than four feet from the building and they do not obstruct the regular flow of vehicular or pedestrian traffic.
(Ordinance 1043 adopted 9/9/19)
(a) 
Maintenance.
Proper sign maintenance is important to sign longevity and effectiveness as well as public health, safety and welfare. Sign maintenance requirements shall apply to all signs including permanent, temporary, and portable signs. Signs and sign support structures, together with their supports, braces, guys and anchors shall be properly maintained and kept in good repair, structurally sound, and in a proper state of appearance and preservation. Required maintenance shall, without limitation, include:
(1) 
The display surfaces and area of all signs shall be kept intact and neatly painted.
(2) 
Paint shall not be allowed to become cracked, chipped or begin peeling.
(3) 
Cracked, chipped, broken, or missing parts shall be repaired and replaced.
(4) 
Pennants, banners, and fabric signs are unfaded and free of rips, tears and fraying.
(5) 
Structural elements shall be properly preserved and shall be repaired or replaced when evidence of deterioration or weakness is apparent.
(6) 
Foundations and anchoring must be sound and stable.
(7) 
Drainage shall be provided to shed rainwater away from the sign supports and structure.
(8) 
The area around the sign supports and structure shall be kept clear and properly maintained as required by city code, Chapter 6, Section 6.200 accumulations of waste material and weeds.
(b) 
Removal.
(1) 
Unsafe Signs.
The building inspector shall have the authority to remove any sign determined to be unsafe and a hazard to public safety. The building inspector shall give notice to the permit holder and property owner ten (10) days to remediate, repair or remove the sign in order to remediate the unsafe condition. In the event the permit holder and/or owner fail to comply within such time period, the building inspector is authorized to enter upon the property and cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected, and/or the owner/permit holder of such sign, are jointly and severally liable for any expense incurred in removal. Notwithstanding the foregoing, the building inspector may cause any sign that is deemed to be an immediate and imminent hazard to public safety to be removed summarily and without notice.
(2) 
Abandoned, Dilapidated or Damaged Signs.
In the event the building inspector determines that a sign is abandoned, dilapidated or damaged but has not yet been determined to be unsafe, the building inspector shall notify in writing the permit holder and/or owner of property ordering that the sign be repaired, removed or altered and brought into compliance. The building inspector shall provide at least thirty (30) days but no more than ninety (90) days to bring the sign into compliance. In the event the permit holder and/or owner fail to comply within such time period, the building inspector is authorized to enter upon the property and cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected, and/or the owner/permit holder of such sign are jointly and severally liable for any expense incurred in removal.
Notwithstanding anything herein to the contrary, the above right to enter upon the property and cause the removal of an abandoned, dilapidated or damaged sign, shall not commence prior to the two (2) year anniversary of the final approval of this article.
(3) 
Illegal Signs.
In the event the building inspector determines that a sign has been installed, constructed or erected in violation of the terms of this article, the building inspector shall have the authority to notify the property owner where the sign is located, lessee or other person responsible for such sign, ordering the sign to be removed or altered to come into compliance. The building inspector shall provide thirty (30) days to bring the sign into compliance. In the event the permit holder and/or owner fail to comply within such time period, the building inspector is authorized to enter upon the property and cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected, and/or the owner/permit holder of such sign are jointly and severally liable for any expense incurred in removal.
(Ordinance 1043 adopted 9/9/19)
(a) 
Sign Area.
(1) 
Freestanding Signs.
The maximum sign message area for on premises permanent freestanding signs associated with any property located in “B-1,” “B-2,” “B-3” or “I” zoning districts shall be the greater of forty-eight (48) square feet or as determined by multiplying the linear footage of the street frontage of the property, including both street frontages for corner properties, by a factor of one (1).
(2) 
Projecting Signs.
The maximum sign message area for on premises projecting signs associated with any property located in “B-1,” “B-2,” “B-3” or “I” zoning districts shall be ten (10) square feet and may be no more than six feet from the building facade.
(3) 
Attached Signs.
The maximum sign message area for an attached sign associated with any property shall be equal to or less than ninety percent (90%) of the face of the building wall to which the sign is attached. Attached signs are only permitted on those portions of the building facing the public streets adjacent to the building.
(b) 
Sign Height.
(1) 
Freestanding Signs.
The maximum height of any sign shall be no more than twenty-five (25) feet from ground level.
(2) 
Projecting Signs.
All projecting signs must be a minimum of nine (9) feet above grade level.
(3) 
Attached Signs.
Attached signs may not extend above the building wall on which the sign is located.
(Ordinance 1043 adopted 9/9/19)
(a) 
No Permit Required.
No permit is required for temporary signs that meet the following conditions:
(1) 
In “SF-1,” “SF-2,” “Multi-1,” “Multi-2,” “Multi-3,” “Multi-4” zoned districts, temporary signs no greater that nine (9) square feet in sign area per residential lot or per residence if more than one residence is located on the lot.
(2) 
All other zoning districts, one (1) temporary sign no greater than twelve (32) [sic] square feet in area per business with no more than two (2) temporary signs per development if there is more than one business located in the development. Provided, however, if the development has more than 400 linear feet of street frontage, such development is permitted to have up to four (4) temporary signs spaced no closer than fifty (50) feet to another temporary sign.
(b) 
Other General Conditions for Temporary Signs Without a Permit.
Unless otherwise provided for in this section, all temporary signs without a permit must also meet the following conditions:
(1) 
At any point in time the combined message area of all temporary signs on the premises may not exceed the maximum sign message area allowed for permanent signs on that premises;
(2) 
All temporary signs may be used for on-premises advertising or purposes only and must be unlit; and
(3) 
All temporary signs may remain in place only so long as the signs and sign structures, and parts thereof, are maintained in a proper, safe, and hazard-free condition not to exceed the time limits specified above. The property owner or the owner’s designated agent shall be responsible for the maintenance of the temporary signs and sign structures.
(Ordinance 1043 adopted 9/9/19)
(a) 
Billboards shall be permitted only in “B-1,” “B-2,” or “I” zoning districts bordering state highways and shall comply with all state regulations and permitting as well as the regulations and permitting required herein.
(b) 
All billboards must:
(1) 
Conform to Title 43, Chapter 21, Subchapter I, Division 1, of the Texas Administrative Code and all Texas Department of Transportation requirements;
(2) 
Have a maximum height of forty (40) feet;
(3) 
Be located at least 1,500 feet from an existing billboard;
(c) 
Any existing billboard as of the date this article is approved that does not conform to the provisions of Article 9.300, is a “legally nonconforming” billboard, provided that the billboard was:
(1) 
Authorized by applicable state law or city ordinance at the time it was installed;
(2) 
Not subject to any applicable law when it was installed; or
(3) 
Installed prior to the sign being annexed into the city.
(d) 
One-Time Exemption.
All legal nonconforming billboards are subject to Section 9.315 except a billboard may be replaced or upgraded one time subsequent to the effective date of this article without being required to come into full compliance with Article 9.300 so long as:
(1) 
A permit is applied for and approved, as a one-time upgrade, in accordance with Section 9.305 of this article; and
(2) 
The billboard was not previously deemed unsafe, abandoned, or damaged by the city prior to applying for a permit.
(Ordinance 1043 adopted 9/9/19)
(a) 
Off-premises signs are prohibited except for the following:
(1) 
Billboards that are otherwise authorized by this article;
(2) 
Off-premises signs specifically provided for and allowed elsewhere in this article.
(b) 
The city elects to exercise its authority to regulate outdoor off-premises signs located in the extraterritorial jurisdiction of the city as provided by Texas Local Government Code Section 216.902, as the same may hereafter be amended. New off-premises signs shall be prohibited in the extraterritorial jurisdiction of the city unless excepted pursuant to Section 9.311.
(Ordinance 1043 adopted 9/9/19)
Any development that is a group of architecturally unified commercial establishments or structures on one development site which is planned, developed, owned, or managed as one operating unit, provides on-site parking in definite and direct relationship to the development and commonly referred to and known as a shopping center may maintain permanent on-premises signs under the following conditions:
(1) 
One freestanding shopping center identification sign;
(2) 
One attached sign per business located in the shopping center;
(3) 
The combined maximum sign message area of the freestanding sign and all attached signs cannot exceed the shopping center’s maximum sign message area as though the shopping center was one business; and
(4) 
Temporary signs in accordance with Section 9.309 of this article.
(Ordinance 1043 adopted 9/9/19)
(a) 
An illuminated sign as defined in this article may be illuminated only by:
(1) 
Upward lighting with an average illumination of no more than 2.0 footcandles on the sign face(s) of the structure; or
(2) 
Downward lighting with an average illumination of no more than 2.0 footcandles on the sign face(s) of the structure.
(b) 
An illuminated sign may not contain or be illuminated by flashing, intermittent, or moving lights, including any type of screen using animated or scrolling displays or enhanced by reflective material that creates the illusion of flashing or moving lights.
(c) 
Lights that are a part of or illuminate a sign:
(1) 
Must be shielded, directed, and positioned to prevent beams or rays of light from being directed at any portion of a street, alley or parking lot;
(2) 
May not be of such intensity or brilliance as to cause vision impairment of a driver of any motor vehicle or otherwise interfere with the driver’s operation of a motor vehicle;
(3) 
May not be confused with or obscure or interfere with the effectiveness of an official traffic sign, device, or signal; and
(4) 
May not have illuminance levels that cause a glare or brightness to a degree that it constitutes a hazard or creates a nuisance by interfering with the reasonable enjoyment of neighboring property by a person of ordinary sensibilities.
(d) 
Neon lights are permitted on the face of a sign, including an illuminated sign, only if:
(1) 
The light does not flash;
(2) 
The light does not cause an undue distraction to the traveling public; and
(3) 
The permit for the sign specifies that the sign is an illuminated sign.
(Ordinance 1043 adopted 9/9/19)
(a) 
Any electronic sign as defined by this article must meet the following conditions:
(1) 
Each message on an electronic sign: (A) not located on a state highway must be displayed for at least six seconds and any change of message must be accomplished within two seconds and must occur simultaneously on the entire sign face; and (B) located on a state highway must be displayed for at least eight seconds and any change of message must be accomplished within two seconds and must occur simultaneously on the entire sign face or otherwise comply with applicable state law governing electronic signs located on state highways;
(2) 
Must contain a default mechanism that freezes the sign in one position if a malfunction occurs;
(3) 
Must automatically adjust the intensity of its display according to natural ambient light conditions;
(4) 
Must be affixed to a permanent on-premises sign that is not mobile;
(5) 
May display an off-premises message so long as seventy percent (70%) of the electronic display time directly relates to an on-premises message.
(b) 
An electronic sign may not:
(1) 
Be illuminated by flashing, intermittent, or moving lights;
(2) 
Contain or display animated, moving video, or scrolling advertising;
(3) 
Consist of a static image projected on a stationary object; or
(4) 
May not create or cause a glare or brightness to a degree that it constitutes a hazard or creates a nuisance by interfering with the reasonable enjoyment of neighboring property by a person of ordinary sensibilities.
(c) 
If the building official or the chief of police finds that an electronic sign unreasonably impairs or interferes with the vision of the driver of a motor vehicle or otherwise unreasonably interferes with the operation of a motor vehicle so that such official determines that it is a threat to public safety, the owner of the sign, within twelve (12) hours of a written request by the city manager, building official or chief of police, shall reduce the intensity of the sign to a level acceptable to such city official.
(d) 
The owner of an electronic sign shall provide to the city’s building official and chief of police contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly if a malfunction occurs or is able to accommodate an emergency notification request from a local authority as indicated below.
(e) 
In the event the mayor of the city proclaims an emergency as provided for in the city Charter, the owner of an electronic billboard shall coordinate with local authorities to display, when appropriate, emergency information important to the public. Emergency information messages must remain in the advertising rotation until the local authority so authorizes its removal.
(Ordinance 1043 adopted 9/9/19)
(a) 
Purpose.
The lawful use of any sign existing at the time of the enactment of this article may be continued although such use does not conform with the provisions of this article provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance. Provided further, the right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operation may, in the judgment of the board of adjustment, be reasonably required for the protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.
(b) 
Discontinuance of Nonconforming Use.
If a nonconforming use of a sign is discontinued for a period of ninety (90) days or more, the use of such sign then must conform to the regulations of this article.
(c) 
Damage to Nonconforming Use.
No sign which has been damaged by any cause whatsoever to the extent of more than fifty (50) percent of the fair market value of the sign prior to the damage, or which has been determined to be unsafe or abandoned in accordance with Section 9.307 of this article, shall be restored except in conformity with the regulations of this article and all rights as a nonconforming use are terminated. If a sign is damaged by less than fifty (50) percent of its fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within ninety (90) days of the date of such damage.
(d) 
Illuminated and Electronic Signs.
Notwithstanding anything else herein to the contrary, any illuminated or electronic sign must come into compliance with the provisions of Sections 9.313 and 9.314 within one hundred and eighty (180) days of the effective date of this article.
(Ordinance 1043 adopted 9/9/19)
(a) 
Penalty.
Any property owner, permit holder or person violating or failing to comply with a provision of this article shall be deemed guilty of a misdemeanor violating an ordinance governing public health and safety and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106(a)(1) of this code, for each offense. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article including the ability of the city to seek injunctive relief. Each day during which a violation occurs is a separate offense.
(b) 
Injunctive Relief.
The city may seek an injunction to stop any violation of this article. Such relief may include revocation or termination of any permits granted under this article. In any court proceedings in which the city seeks a preliminary injunction, it shall be presumed that a violation of this article is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured.
(c) 
Abatement.
The city may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
(Ordinance 1043 adopted 9/9/19)