The purpose of this article is to encourage the most appropriate
use of signs, to promote the health, safety, and general welfare and
to protect and enhance the attractiveness of the city.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-1)
For the purposes of this article, the following words and phrases
shall have the meanings as set forth below. Where terms are not defined
in this section and are defined in other sections of this article,
such terms shall have the meanings as defined in those sections. Where
terms are not defined this article, such terms shall have ordinarily
accepted meanings such as the context implies.
means a temporary sign made of two (2) panels of corrosion
resistant material connected at the top by hinges or similar devices,
also commonly referred to as a “sandwich board sign.”
means a sign which depicts or refers to a product, business,
service, activity, condition, or person which has changed in such
a manner that the sign no longer correctly identifies or describes
said entity, or which entity no longer exists at the location referred
to in the sign, or which entity no longer exists in any way or at
any place, or which is deserted, surrendered or forsaken, unused,
given up, or relinquished with the intention of never resuming a right
or interest therein.
means designed or programmed so as to seem alive and moving,
employing visible moving parts, changing images, or changing colors.
means any sign attached to, applied on or supported by any
part of a building.
means a temporary sign which is constructed of pliable materials
such as canvas, fabric, vinyl, plastic or similar materials, with
or without framework, which will withstand exposure to wind and rain
without significant deterioration.
means a sign, including the supporting structure, that advertises
products or services not sold, manufactured or distributed on the
premises on which the sign is located. The following additional definitions
apply to billboards:
Back-to-back sign
means a billboard consisting of two (2) sign faces oriented
in opposite directions with not more than two (2) faces per sign facing.
Double-faced sign
means a billboard with two (2) adjacent faces oriented in
the same direction and not more than ten (10) feet apart at the nearest
point between the two (2) faces.
Embellishments
means any feature such as a cut-out, neon or plastic letters,
clock, electric device, or an extension, which is added to a billboard.
Facing
means the area or display surface of a billboard upon which
advertising is affixed or painted and visible in one (1) direction
at one (1) time.
Freestanding sign
means a billboard erected on a freestanding framework supported
and affixed by one (1) or more uprights or braces in or upon the ground.
Multiple-faced sign
means a billboard comprised of sections which rotate to display
a series of advertisements, each advertisement being displayed for
at least six (6) seconds continuously without movement, the duration
of movement of sections between advertisements not exceeding two (2)
seconds.
V-type sign
means a sign structure which consists of two (2) sign facings
placed at angles to each other, oriented in different directions and
not exceeding ten (10) feet apart at the nearest point to each other.
means any structure used or intended for supporting or sheltering
any use or occupancy.
means the building code as adopted and amended in article 4.02.
means the chief building official of the city or authorized
designee.
means any visible airtight inflatable apparatus that exceeds
one (1) square foot in total area made of latex, Mylar, or other similar
material that extends higher than thirty (30) feet into the sky by
a cord, rope, string, wire, or other similar material.
means a detached sign which identifies multiple uses located
on one (1) or more contiguous lots within the same subdivision.
means a sign which is not supported by any portion of a building,
and is independently supported by and anchored to the ground.
means signs that do not meet the standards described in this
article.
means all properties that are zoned in the downtown historical
overlay district as established by Ordinance No. 2003-023 and subsequent
revisions.
means any sign activated or illuminated by means of electrical
energy.
means the electrical code as adopted and amended in article 4.02.
means a sign that consists of lights, light emitting diodes
(LED), or other form of illumination that displays a message or picture.
means a flag or insignia of a governmental or fraternal,
religious, civic or educational organization or institution which
is not used in connection with a commercial promotion or to advertise
a commercial product, service, business, activity, condition, or person.
means a sign manufactured of plastic, cloth, canvas, or other
flexible or light fabric, inflated with air, secured to the ground,
does not float, does not move freely in the wind, and does not exceed
thirty (30) feet in height. A wind-device sign shall not be considered
an IDS.
means any repair of an existing sign, which through an act
of God or other event (other than normal maintenance operations) has
become damaged or out of repair in excess of sixty (60) percent of
its replacement cost. Verification of the percentage of damage will
be supplied by the applicant to the building official, and such verification
shall include, as a minimum, two (2) estimates from two (2) different
established sign contractors, stating the total value of the sign
and the total value of all costs to repair the sign to its original
state. If the applicant agrees that the repair exceeds sixty (60)
percent of replacement cost, then the said estimates shall not be
required.
means a sign used to inform the public of the list of dishes,
foods, or entrees available in a restaurant and may include the corresponding
prices.
means an on-site traffic-control sign which directs vehicular
or pedestrian movement within or onto a premises.
means any sign, sign appendages, or apparatus designed or
made to move by an electrical or mechanical device.
means any sign showing only the name and address of the owner
or occupant of the premises on which it is erected.
means a measurement of light luminance equal to one (1) candela
per square meter (cd/m2).
Nuisance signs shall include, but not be limited to, the
following:
Signs containing statements, words, or pictures of an obscene,
indecent, or immoral character, such as will offend public morals
or decency.
Signs which imitate an official traffic sign or signal, or which
contain the words “stop,” “go slow,” “caution,”
“danger,” “warning,” or similar words.
Signs which are of a size, location, movement, content, coloring,
or manner of illumination which may be confused with or construed
as a traffic-control device, which hide from view any traffic or street
sign or signal, or which obstruct the view in any direction at a street
or road intersection.
Signs which are moving, flashing, intermittently lighted, changing
color, beacons, revolving, or similarly constructed, except as otherwise
permitted in this article.
Signs that are unsafe or unsecured, abandoned, or dilapidated.
means a sign, including the supporting structure, that advertises
products or services not sold, manufactured or distributed on the
premises on which the sign is located. The following shall not be
considered off-premises signs:
means a temporary sign which refers only to the issues or
candidates involved in a political election.
means any sign which is commonly associated with safeguarding
the permitted uses of the occupancy.
means any sign advertising property for sale, lease or rent.
means any apparatus capable of projecting a beam or beams
of light.
means any writing, letter, word, numeral, pictorial representation,
emblem, symbol, trademark, object, design, or other identification
which is designed or intended to identify, advertise, announce, or
inform. The term “sign” shall not include:
Works of art which in no way identify a product or business
and which are not displayed in conjunction with a numerical for-profit
enterprise.
Temporary decorations or displays directly incidental to and
customarily and commonly associated with national, regional, or local
holiday celebrations.
Traffic and other official signs and devices of any public or
governmental agency.
means the area enclosed by one (1) or more geometric shapes
which fully contains all extremities of the sign, exclusive of its
supports. The measurement is to be calculated from the viewpoint which
gives the largest sign area as the viewpoint is rotated horizontally
around the sign. Sign area shall include all lettering, wording, logos,
design, symbols, framing, roofing, and cabinets or modules.
means, unless otherwise provided in this article, the overall
height of a detached sign or sign structure as measured at the average
grade of the property located within the front setback, prior to the
addition of artificial grade increases such as berms, retaining walls,
or elevated landscape beds.
means any sign or billboard supported or attached wholly
or in part over or above any wall, building or structure.
means any sign that is not permanently attached to the ground
or to a building, or that is not designed to be permanently attached
to the ground or building, including but not limited to torpedo signs,
A-frame signs, inflatable device signs, wind-driven signs, real estate
signs, temporary directional signs, promotional posters, banners,
and political signs as herein defined.
means signs that are of the portable type that can be moved
from location to location, usually exhibiting flashing lights or changeable
messages.
means a sign attached to or painted on a vehicle that identifies
a vehicle used for a particular business; however, not when the primary
use of the vehicle is that of a sign.
means a flag, banner, pennant, streamer, inflatable balloon,
or similar device made of cloth, canvas, plastic, or other similar
flexible material, with or without a frame or other supporting structure,
fastened in such a manner as to move upon being subject to pressure
by wind or breeze and used as a temporary sign. Government flag signs
shall not be considered wind device signs.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-2)
(a)
No
sign shall be erected or placed within, or project over, any public
sidewalk, street, alley, right-of-way, or other public place except
as permitted in division 2 of this article.
(b)
No
sign erected above the second story of any building shall extend beyond
the walls of the building more than two (2) feet, or be so spaced
as to obstruct any window or means of exit above the second floor
of the building.
(c)
No
sign having a height greater than three (3) feet above the level of
the center of the nearest abutting street shall be permitted on or
in that portion of any corner lot which is included in a triangle
on the street corner of the lot formed by a diagonal line intersecting
the property lines at points twenty (20) feet from the street corner
intersection of the property lines. The city engineer may require
additional sight distances to be maintained where specific conditions
render such provisions necessary to provide for the public health
and safety.
(d)
No
sign of any kind shall be placed in such a manner as to obstruct any
fire escape, door, window, or other passageway leading to a fire escape
or to a street exit, nor shall the sign be fastened in any manner
to a fire escape.
(e)
Sky
signs are prohibited except as provided in division 2 of this article.
(f)
Except as permitted in division 2 of this article and article 5.06 (Special Events), no sign shall suspend or project over or across any street, alley or other public space or portion thereof for any purpose whatsoever.
(g)
Abandoned or obsolete signs as defined in this article are prohibited. Such signs shall be removed in accordance with the provisions of section 4.10.010.
(h)
No
sign shall be placed or maintained in such a manner as to constitute
a nuisance as that term is defined herein.
(k)
No
person shall attach or maintain any sign upon any tree, shrub, fence
post, public utility pole, traffic-control device, or public building.
(l)
No
person shall place, attach, or maintain any sign on vacant lots or
abandoned buildings. However, on-premises real estate signs shall
be permitted.
(m)
No
person shall place or maintain any off-premises sign other than a
billboard as regulated herein.
(n)
No
flashing signs, rotating or moving signs, animated signs, signs with
moving lights, or signs which create the illusion of movement shall
be permitted.
(o)
Signs
attached to or upon any vehicle, including a trailer, when the primary
use of said vehicle is to provide a base for such sign or constitute
the sign itself, are prohibited.
(p)
Any
sign not specifically allowed under this article is hereby prohibited.
(q)
No
sign shall be erected or placed within twenty (20) feet of any residence
or be so placed as to obstruct the lighting of any street, alley or
public space, or interfere with any public utility service.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-3)
(a)
Attached signs.
(1)
Attached signs shall not extend above the roofline of the building
or more than twelve (12) inches from the building wall. Where the
building fascia is not vertical, the bottom of such sign shall not
project more than twelve (12) inches from the fascia and the sign
can be oriented in a vertical manner.
(2)
The sign area of attached signs shall be limited to one and one-half
(1-1/2) square feet per linear foot of the building fascia upon which
the same is placed, or thirty-two (32) square feet, whichever is greater.
If the lot on which the building is located has multiple right-of-way
frontages, each building fascia with street frontage shall be counted
for purposes of determining attached sign area. Said signage shall
be distributed on the sides of the building where facing directly
adjacent to the public right-of-way. Attached signs are allowed on
sides of the building not adjacent to the public right-of-way not
to exceed thirty-two (32) square feet in sign area.
(3)
For a multi-use building such as a shopping center, office center,
or industrial center, the total sign area of attached signs shall
be calculated on the leased or occupied fascia length. The sign area
for such attached signs shall be limited to one and one-half (1-1/2)
square feet per linear foot of the leased or occupied fascia length.
(4)
Additional signage is permitted on windows, provided that not more
than 30 percent of the transparent area of the windows is occupied
at one time.
(b)
Detached signs.
(1)
No detached sign shall be closer than six (6) feet to any building
or property line, or closer than fifteen (15) feet to any curb line.
(2)
The sign area of detached signs shall be limited to one and one-half
(1-1/2) square feet per front foot of property upon which the same
is placed. If the property on which the sign is located has multiple
right-of-way frontages, each street frontage shall be counted for
purposes of determining detached sign area. A property shall be permitted
more than one (1) detached sign, provided no sign shall exceed three
hundred (300) square feet in sign area. Signs on the same property
or coordinated development shall be a minimum of one hundred (100)
feet apart.
(3)
Detached signs shall not exceed thirty (30) feet in height above
the highest adjacent roadway surface.
(4)
The total sign area of a coordinated development sign shall be calculated
on the combined street frontages of the lots.
(5)
Torpedo signs shall not be used as or converted to permanent signs.
(c)
Electronic signs.
(1)
An electronic sign that meets all other requirements of this article,
and other regulations of the city, may be located in a nonresidential
zoning district and on school or church property in any zoning district,
subject to the this section.
(2)
No electronic sign shall be illuminated to an intensity which causes
glare or brightness to a degree that could constitute a hazard or
nuisance to a motor vehicle operator on a public roadway. Electronic
signs shall be programmed or equipped so that the intensity of its
display shall automatically adjust according to natural ambient light
conditions. The maximum nighttime luminance level shall not exceed
seven hundred fifty (750) cd/m2 (NITs).
(3)
The message or picture conveyed by an electronic sign shall not blink,
flash, or be animated; the message or picture conveyed shall not change
more frequently than once every eight (8) seconds; and a change of
message must occur simultaneous on the entire sign face. The transition
time between messages shall not exceed three (3) seconds.
(4)
All electronic sign faces shall be limited to a maximum sign area
and a maximum sign height as provided for other permanent signs in
this section.
(5)
Electronic signs are prohibited in historic districts and shall not
face or be located within one hundred fifty (150) feet of an existing
residence, residentially zoned district, or historic district.
(6)
All power to an electronic sign shall be supplied underground and
shall be installed in accordance with the electrical code.
(d)
Planned development districts.
If a property is located
within a planned development district, all signs on such property
may be reviewed and approved in accordance with the zoning ordinance
as part of the planned development ordinance and shall not be limited
in the total sign area and sign height provided in this section. Signs
not reviewed and approved as part of a planned development ordinance
shall comply with this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-4)
Temporary signs shall be permitted subject to the following
guidelines:
(1)
General standards.
(A)
A temporary or portable sign shall not be used in place of, or converted
to, a permanently installed sign.
(B)
Banners with a total sign area no larger than fifty (50) square feet
are permitted for a maximum time period of thirty (30) consecutive
days up to five (5) times per calendar year per business. Other temporary
sign types are permitted for a maximum time period of thirty (30)
consecutive days up to two (2) times per calendar year per business.
Not more than one (1) cloud buster balloon shall be allowed on any
premises.
(C)
A construction site for which a building permit or other approval
has been obtained shall be permitted one (1) temporary construction
sign per street frontage. Such signs shall be limited to a maximum
sign area of thirty-two (32) square feet, and a maximum sign height
of eight (8) feet. Temporary construction signs shall be removed upon
issuance of a certificate of occupancy.
(D)
A development project containing two (2) or more lots for which a
plat or other development approval has been obtained shall be permitted
one (1) temporary development sign. For developments less than five
(5) acres, one (1) development sign not exceeding thirty-two (32)
square feet in sign area and eight (8) feet in sign height shall be
permitted. For developments five (5) or more acres, one (1) development
sign not exceeding two hundred (200) square feet in sign area and
fifteen (15) feet in sign height shall be permitted. Temporary development
signs shall be removed upon substantial completion of the development.
(E)
Temporary signs shall not be located within or obstruct required
off-street parking, fire lanes, driveways, or areas which create a
safety hazard to vehicular or pedestrian traffic.
(F)
Temporary signs shall be maintained in a good state of repair and
shall not be allowed to become dilapidated, faded, weatherworn, unsightly
or deteriorated.
(2)
Grand-opening signs or banners.
A grand-opening sign
or banner shall be allowed in addition to other allowable signage
for a maximum time period of thirty (30) consecutive days upon issuance
of a certificate of occupancy. A permit shall be obtained for such
signage, but no fee shall be applicable. Such signage shall not exceed
fifty (50) square feet in sign area.
(3)
Banners and wind device signs on poles.
Banners and
wind device signs are permitted on light standards and poles. Such
signage shall not exceed thirty (30) square feet in sign area per
light standard or pole and shall not be strung or affixed in any manner
other than from brackets on single poles. Light standards, poles and
brackets shall be listed or otherwise designed and approved to support
such wind device signs.
(4)
New business location sign.
For businesses which relocate,
a sign notifying the public of a new business location shall be permitted
at the old business location for a period not to exceed ninety (90)
days. Such sign shall not exceed thirty-two (32) square feet in sign
area.
(5)
A-frame signs.
A-frame signs are permitted in the downtown
historic district in accordance with division 2 of this article, and
within nonresidential areas, planned developments, or in neighborhood
service zoning in accordance with this section.
(A)
A-frame signs must be located a minimum of three (3) feet from any
curb of any adjacent street, must be placed on a sidewalk or adjacent
to a sidewalk, must provide an unobstructed pedestrian clearance of
at least four (4) feet in width, shall not be placed in any manner
to interfere with vehicular traffic or cause a hazard, shall not be
placed in any median, and shall not be placed within a utility or
right-of-way easement.
(B)
The maximum sign area of an A-frame sign is twelve (12) square feet
per side or twenty-four (24) square feet total. The maximum sign height
of an A-frame sign shall be four (4) feet and the maximum width is
three (3) feet. An A-frame sign shall not be closer than twenty (20)
feet to another A-frame sign. A maximum of one (1) A-frame sign may
be placed per business or tenant on the property where the A-frame
sign is located.
(6)
Signs on structures at building site.
Temporary structures,
trailers, fences, and barricades placed around excavations or used
during building operations, whether on public or private property,
may be used for advertising purposes, so long as their use does not
become a public nuisance.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-5)
(a)
Where allowed.
(1)
Billboards shall be permitted in areas zoned Light Industrial (LI)
and Heavy Industrial (HI). A request for a zoning change shall not
be accepted solely for the purpose of installing a billboard. No billboard
shall be permitted in areas zoned as scenic or historic overlay.
(2)
Billboards shall only be permitted on a building site, building tract,
or building lot created in accordance with the zoning ordinance.
(b)
Permit, registration and inspection required.
(1)
No billboard shall be constructed, relocated or altered except in accordance with this article. A permit shall be required in accordance with section 4.10.081 before any billboard is constructed, relocated, or altered.
(2)
All new and existing billboards shall be registered annually, upon change of ownership, and after relocation or alteration. Fees for such registration shall be in accordance with section 4.10.084. Billboards for which a current outdoor advertising sign permit has been issued by the state department of transportation be shall registered as required herein, but shall not be subject to an annual registration fee.
(c)
General provisions.
(1)
Billboards shall be designed by a state registered professional engineer and constructed in accordance with section 4.10.009.
(2)
Billboards shall be maintained in accordance with section 4.10.010(e).
(3)
No billboard shall be located on a property without the written consent
of the property’s owner or legal representative.
(4)
The general area in the vicinity of any billboard shall be kept free
and clear of sign materials, debris, trash, and refuse.
(d)
Location of billboards.
(1)
No billboard shall be permitted on any property that is located inside
Loop 286.
(2)
No billboard shall be permitted within two thousand (2,000) feet
of another billboard. This distance shall be measured from the closest
supporting pole of the existing billboard to the closest supporting
pole of the proposed billboard.
(3)
No billboard shall be erected or placed within, or project over,
any public sidewalk, street, alley, right-of-way, or other public
place.
(4)
No billboard shall be placed closer than ten (10) feet to any electrical
line, measured from any part that is attached to the billboard.
(5)
Except as provided herein, billboards shall not be placed within
five hundred (500) feet of other permanent signs.
(6)
Billboards shall be located a minimum distance from any property
line, building or structure equal to the overall height of the billboard.
(7)
No part of a billboard shall be located closer than one thousand
(1,000) feet to any property zoned or used for residential purposes,
nor closer than three hundred (300) feet to any hotel, motel, nursing
home, or other property used for sleeping or lodging purposes.
(8)
No portion of a billboard shall be located closer than fifteen (15)
feet to the right-of-way for existing streets or highways, or those
projected in the city’s thoroughfare plan.
(e)
Height and size limitations.
(1)
A billboard shall maintain a minimum clearance of ten (10) feet measured
from the ground level at the base of the sign to the bottom of the
sign face.
(2)
Billboards shall be permitted to be back-to-back, double-faced, V-type,
or multiple-faced with not more than two (2) signs per facing. The
maximum sign area of each facing shall not exceed three hundred (300)
square feet.
(3)
No billboard shall be installed, the total height of which is greater
than fifty (50) feet above the level of the street or road upon which
the sign faces, or above the natural ground level, if such ground
level is above the street or road level.
(4)
The maximum sign area of a billboard shall not include the base or
apron, trim supports, and other structural elements. Temporary embellishments
shall not exceed twenty (20) percent of the maximum sign area allowed.
(g)
Electronic billboards.
Billboards that are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except as permitted in section 4.10.004(c).
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-6)
(a)
Required; fee.
No person shall install, erect, or maintain any sign, nor contract for such service, until such person has applied to the building official for a license to install, erect, and maintain signs, and until such license has been approved and issued. The fee for such license shall be as set forth in the fee schedule in appendix A of this code.
(b)
Cancellation.
The license of any sign contractor may be cancelled by the city council, upon the recommendation of the building official, when such contractor persistently violates the requirements of this article. Conviction, whether appealed or not, of three (3) such violations over a period of two (2) calendar years shall constitute evidence of persistent violation. Any license thus cancelled shall not be renewed for such contractor or anyone operating his shop until all such violations have been corrected. Upon correction of the violations, the contractor’s license may be renewed upon furnishing liability insurance as required by section 4.10.008.
(c)
Installation of sign by owner.
Signs, except off-premises
signs, may be installed by a property owner or business owner, which
advertise the business, profession or product manufactured or sold
on the same premises, without a sign contractor’s license or
liability insurance, but all other provisions of this article shall
be complied with including the requirement that a sign permit be obtained.
(d)
Electric signs.
Installation, repair, or maintenance
of electrical devices and wiring for electric signs shall be installed
by a state-licensed electric contractor or a state-licensed electrical
sign contractor registered with the city.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-7; Ordinance adopting 2021 Code)
All sign contractors shall provide to the building official
a copy of their general liability policy or a valid certificate of
insurance. The insurance policy or certificate of insurance shall:
(1)
Be
written by an insurer authorized to write commercial liability policies
in the state or an eligible surplus lines insurer, as defined by V.T.C.A.,
Insurance Code section 981.002;
(2)
Provide
for commercial general liability insurance for the sign contractor
for a claim for property damage or bodily injury, regardless of whether
the claim arises from negligence or on a contract; and
(3)
Provide
coverage of not less than three hundred thousand dollars ($300,000.00)
per occurrence and five hundred thousand dollars ($500,000.00) aggregate.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-8)
(a)
All
signs and sign structures shall be designed, constructed, and inspected
in accordance with this section.
(b)
Signs
and sign structures shall be designed and constructed to comply with
the provisions of the building code for use of materials, loads and
stresses to withstand a wind pressure of thirty (30) pounds per square
[foot].
(c)
Electrical
devices and wiring shall be installed in accordance with the requirements
of the electrical code. No open spark or flame shall be used for any
purpose. All power to detached signs shall be supplied underground.
No sign electrical system shall be energized until inspected and approved
by the building official.
(d)
Additionally,
illuminated signs shall comply with the following provisions:
(1)
Any light used for the illumination of a sign shall be shielded so
that the beams or rays of light shine directly onto the sign and not
into surrounding areas.
(2)
Neither the direct nor the reflected light from any light source
shall create a traffic hazard or distraction to operators of motor
vehicles on public thoroughfares.
(e)
It
shall be the duty of the holder of the permit or their duly authorized
agent to notify the building official when work is ready for inspection
and to provide access to and means for inspections of such work that
are required by this code.
(f)
Any
portions that do not comply with this article shall be corrected and
shall not be covered or concealed until authorized by the building
official. Signs and sign structures which have not been inspected
and approved by the building official shall be considered nuisance
signs as defined in this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-9)
(a)
Nonconforming signs.
(1)
Legal signs existing prior to the effective date of the ordinance
from which this article is derived which do not conform to the provisions
of this article shall be regarded as nonconforming signs which may
continue to exist until the sign, or a substantial part of it, is
blown down or otherwise destroyed, dismantled, or substantially altered
for any purpose other than maintenance operations or for changing
the letters, symbols, or other matter on the sign. Nonconforming signs
which are structurally altered, relocated, or replaced at the owner’s
choice shall comply with all provisions of this article.
(2)
Any nonconforming sign which has been damaged by fire, wind, or other
cause in excess of sixty (60) percent of its replacement cost shall
not be restored except in conformance with the provisions of this
article.
(3)
If the city council deems it appropriate to require the relocation,
reconstruction, or removal of a sign within the city limits or the
extraterritorial jurisdiction, then it shall comply with the procedures
set forth in V.T.C.A., Local Government Code chapter 216, subchapter
A.
(b)
Abandoned or obsolete signs.
(1)
Any sign now or hereafter existing which no longer advertises a bona
fide business conducted or a product sold at said premises shall be
removed by the owner, agent, or person having the beneficial use of
the building or structure upon which the sign may be found or associated
within twelve (12) months after the said business has been closed;
provided, however, if the premises containing the sign are leased,
such sign shall be removed within twenty-four (24) months after the
most recent tenant ceases to operate on the premises.
(2)
The poles or supports for out-of-business signs may be left in place
as long as the poles/supports do not violate safety or electrical
codes and as long as the building official determines that the poles
or supports can be utilized by the next owner, agent, or person occupying
the building. If the sign pole or support is in the right-of-way or
is a nonconforming sign structure, it must be completely removed.
(3)
Except as provided in subsection (b)(2), all signs, cabinets, and parts to the abandoned or obsolete sign shall be removed from the premises and disposed of. If the abandoned or obsolete sign or sign parts are not removed within the time frames stated herein, the building official is hereby authorized to cause removal of such sign, sign parts, and sign pole or supports. The building official shall send notice of this action to the owner, and if the owner fails to respond within fourteen (14) days, the building official shall be authorized to have the sign removed. All expenses incidental to this sign removal shall be paid by the owner of the land, building, or structure to which the sign is attached or upon which it is erected.
(c)
Removal of unlawful signs.
The following signs shall
be considered a public nuisance and are prohibited and, upon written
notification by the building official, shall be removed from the premises.
Said notification shall state that if the sign is not removed within
the same day or next working day if received on a weekend day of said
notification, a citation may be issued. The following signs shall
be governed hereby:
(1)
Any sign erected without a required permit, either prior to or after
the adoption of this article.
(2)
Any sign erected in violation of the provisions of this article.
(3)
Any sign erected in or over a public right-of-way, either prior to
or after the adoption of this article, except as provided in division
2 of this article. Such signs may be removed and disposed of as specified
in this section.
(d)
Removal of hazardous signs.
The following signs are
a public hazard and can be removed without notice by the building
official:
(e)
Maintenance of existing signs.
Any person having an
interest in a sign for which a permit is issued under this article
shall maintain all parts and sign supports of the sign covered by
such permit in good condition to prevent deterioration, oxidation,
rust, and other unsightly conditions. Additionally, the following
provisions shall apply to the maintenance of existing signs:
(1)
There shall be no permit required to restore/repair a sign to its
original condition. However, major repair of an existing sign requires
a permit.
(2)
Every sign in the city, regardless of whether any permit is required
for such sign, shall be maintained in a safe, presentable, and sound
structural and operational condition at all times. Signs not meeting
the standards of good repair shall be subject to repair after written
notification by the building official to the sign owner or lessee.
If the sign owner or lessee cannot be notified, the property owner
will be notified. If, in the opinion of the building official, a sign
has been damaged or is found to be in such a state of disrepair that
it constitutes a hazard to the health, safety, and welfare of the
general public and would require a major repair as defined herein,
the sign may be removed without prior notice to the owner or lessee.
If such order is not complied with within ten (10) days, the building
official may remove such sign at the expense of the owner or lessee.
(3)
All signs, together with all sign supports, braces, guys, and anchors,
shall be kept in repair and, unless of galvanized or corrosive-resistant
metal, shall be thoroughly painted as often as needed to maintain
a neat appearance, meaning lettering or other items are not faded
or worn and can clearly be read by the traveling public.
(f)
Recovery of impounded signs.
Impounded signs may be recovered by the owner within fifteen (15) days after written notification of impoundment by paying a fee as set forth in the fee schedule in appendix A of this code.
(g)
Disposal of impounded signs.
Signs not recovered within
fifteen (15) days after written notification may be disposed of by
the building official in any lawful manner. Unlawful signs removed
from public property, including public rights-of-way, park property,
or other city-maintained areas, may be immediately disposed of by
the building official in any lawful manner.
(h)
Replacement after street construction or other projects.
Nonconforming on-premises signs required to be removed by property
owners as a result of street repairs, utility projects, or other right-of-way
construction shall be permitted to be relocated on the site to a location
approved by the building official. Off-premises signs, except billboards,
required to be removed by property owners as a result of street repairs,
utility projects, or other right-of-way construction shall not be
replaced. Billboards shall be permitted to be reconstructed in accordance
with this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-10; Ordinance adopting 2021 Code)
