The purpose of this section is to regulate signs and billboards in the City of Kilgore according to the provisions of this chapter for the following purposes:
(1) 
To protect property values;
(2) 
To preserve the beauty and unique character of the community;
(3) 
To implement the goals of the Kilgore Master Plan related to the function, design, and appearance of commercial areas, gateways to the city, highways and arterial roadway corridors, and commercial corridors;
(4) 
To protect the public from damage and injury that may be caused by the uncontrolled location and faulty construction of signs;
(5) 
To protect pedestrians and motorists from damage and injury caused or partially attributable to the distractions, obstructions and visual clutter which are the result of improperly situated signs; and
(6) 
To promote safety, welfare, convenience and enjoyment of travel and free flow of traffic.
(Ordinance 1494 adopted 2/22/11)
(1) 
The regulations governing size, height, number, location, and placement of signs herein are calculated to ensure that all private, public, institutional, commercial, and industrial facilities located in the city have the right to display adequate signs consistent with the need to identify the facility, advertise the location, and indicate services and products available on the premises.
(2) 
Provision is made for limited off-premise advertising of products and services, in specific zoning districts, provided such off-premise signs adhere to all federal, state, and local regulations.
(3) 
Except where noted: all signs erected within the City will be subject to the following general requirements.
a. 
Signs are permitted within zoned districts in a manner specifically authorized by the section.
b. 
In order to erect signs or display advertising outdoors legally, a permit must first be obtained from the Building Official.
c. 
All signs must be erected or installed by a licensed and bonded sign contractor, except where noted. The license to erect signs within the City will be issued if approved by the building inspector and bond is posted.
d. 
No sign or any portion of a sign is allowed in the public right-of-way in any zoning district except Downtown Core (DC).
e. 
All signs shall be inspected at the erection site by the City Manager or his/her designee.
(Ordinance 1494 adopted 2/22/11)
The following signs are prohibited. Such signs include, but are not limited to:
(1) 
Signs posted or affixed to public property.
a. 
Any sign found within a public street, public sidewalk, public alley, or on public property may be seized and impounded by the City Manager or his/her designee.
b. 
Property seized and impounded under this section shall be held for a period of five working days. After this period the property shall be considered abandoned property and disposal shall be at the discretion of the City Manager or his/her designee.
(2) 
Signs on private property. No person shall place a sign on private property without the written consent of the owner or agent for the owner of the private property.
(3) 
Signs obscuring or interfering with view. Signs may not be located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the view of a driver or approaching, emerging, or intersecting traffic, as determined by the City Manager or his/her designee.
(4) 
[Reserved]
(5) 
Signs on annexed land. Any signs within areas annexed to the city after September 22, 2008 which do not conform to the provisions in this chapter shall be removed or brought into conformance in accordance with those applicable sections of this chapter.
(6) 
[Reserved]
(7) 
[Reserved]
(8) 
Signs resembling official traffic signs.
(9) 
Portable, mobile, or wheeled signs.
(10) 
Distracting signs. Any sign which emits sound, odor, or visible matter which serves as a distraction to persons within the public right-of-way.
(Ordinance 1494 adopted 2/22/11)
The following signs are exempt from regulation under this code:
(1) 
Any public notice, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
(2) 
Any indoor sign attached to a window or door that is legible from the street;
(3) 
Works of art that do not include a commercial message;
(4) 
Holiday lights and decorations with no commercial message;
(5) 
Decorative landscape lighting only;
(6) 
Traffic-control signs on private property;
(7) 
Address and postbox numerals conforming to incidental sign regulations;
(8) 
Signs resembling official traffic signs.[;]
(9) 
Government signs erected by the city, county[,] state, or federal government in furtherance of their governmental responsibility;
(10) 
Legal notices;
(11) 
Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance;
(12) 
All signs of warning, directive or instructional nature erected by a public utility or transportation organization which operates under a franchise from the city, permitting the use of public property for the display of such signs, provided such signs shall be deemed by the building inspector to be necessary for the successful operation of the utility, or holder of the franchise;
(13) 
On-premises signs setting forth the location of or directions to parking or buildings located on the premises, or regulating the flow of on-premises traffic, only if they do not include any electrical wiring;
(14) 
Signs displayed, designed or used for or upon motor vehicles as long as such vehicles are used by the business for delivery or other services;
(15) 
Signs within a stadium, open-air theater, or arenas which are designed primarily to be viewed by patrons within such stadium, open-air theater or arena;
(16) 
All signs erected by the municipal, state, or federal government for the purpose of public instruction, street or highway designation, control of traffic and similar uses incidental to the public interest.
(Ordinance 1494 adopted 2/22/11)
(a) 
No person shall enter into a contract to install, erect, maintain, rebuild or reconstruct any sign, nor contract for such services until such person has applied for and received from the building inspector a license to do so.
(b) 
No license shall be issued until the bond and the license fee have been made and paid.
(c) 
The license of any sign contractor may be cancelled by the city manager, upon recommendation of the building inspector for violation of the provisions of this section or when the city manager deems that the bond of such contractor is insufficient. Upon notice of the insufficiency of such bond, the contractor shall have three (3) days from the date of delivery of such notice to make a new bond in compliance with the terms of the notice. Such notice shall be deemed sufficient when delivered in person to such contractor or upon actual receipt of such notice mailed through the United States mails.
(d) 
No permits for the erection of any sign shall be issued to any contractor, firm, or corporation who does not hold a valid license as required by this section.
(Ordinance 1494 adopted 2/22/11)
Each contractor shall pay to the city a fee as provided in appendix B valid for twelve (12) months from the issuance date. The license shall not be transferable.
(Ordinance 1494 adopted 2/22/11)
No person shall install, erect, repair, alter or maintain any sign or medium of display of advertising, electric or otherwise, until such person has secured and filed with the building inspector a bond in the sum of two thousand dollars ($2,000.00), conditioned for the installation, erection, repair, alteration and maintenance of signs in accordance with the ordinances of the city and the laws of the state and shall indemnify and hold harmless the city for any and all damages or liability which may occur against it by reason of faulty installation, erection, demolition, repair, alteration, removal of, defects in, or collapse of, any such sign so serviced in any manner or under the direction of the maker of such bond.
(Ordinance 1494 adopted 2/22/11)
All applications for permits for signs shall be accompanied by drawings as are necessary to fully advise the building inspector as to the location, height, weight, size, material, value, method of erection and construction of the sign and with the name of the electrical contractor that will make any electrical installation thereof.
When required by the building inspector, plans shall be prepared by a registered professional engineer or architect if the value of such sign exceeds five thousand dollars ($5,000.00). Plans shall show the location of the proposed sign in relation to existing signs on the same parcel of land.
(Ordinance 1494 adopted 2/22/11)
For erection of all signs, except those for which no permit is required the applicable permit fees shall be determined as provided in appendix B to this code.
(Ordinance 1494 adopted 2/22/11)
(a) 
The owner of the sign, the owner of the land or structure, the lessee, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this section, and are, therefore, subject to the penalty provided in this section.
(b) 
Any person violating any provision of this chapter shall be subject to penalty and suspension of the sign contractor’s license. Continued violation of this chapter may result in a sign contractor not being able to obtain a valid license under this chapter for a period up to one (1) year. Each day’s violation of this chapter may be considered a separate offense.
(Ordinance 1494 adopted 2/22/11)
(a) 
No sign shall be altered, rebuilt, enlarged, extended, relocated, nor shall sign faces be replaced or neon tubing rearranged when the cost of such work will exceed twenty-five dollars ($25.00), except upon issuance of a permit by the building official, and all work thereupon shall be done in conformity with this section. The changing of moveable parts of signs which are designed for changing, the repainting of display matter or framework, or the replacement of sign faces shall not be deemed to be an alteration or repair under the terms hereof.
(b) 
In case any sign shall be installed, erected, or constructed in violation of any of the terms of this chapter, the building Official shall notify by certified mail or written notice served personally, the owner or lessee thereof to alter such sign so as to comply with this chapter or the zoning ordinance and to secure the necessary permit therefore, or to remove the sign. If such order is not complied with in ten (10) days, the building inspector shall remove, or shall have removed by the street superintendent or his designated employee, such sign at the expense of the owner or lessee thereof.
(c) 
Should any sign become unsafe, less than secure, or in danger of falling or otherwise unsafe in the opinion of the building inspector, the owner thereof or the person or firm maintaining the same, shall upon written notice from the building inspector, forthwith in the case of immediate danger and in any case within ten (10) days, secure the same in a manner to be approved by the building inspector, in conformity with the provisions of this chapter, or remove such sign.
If such order is not complied with in ten (10) days, the building Official or his/her designated employee, shall remove such sign at the expense of the owner or lessee thereof.
(d) 
All signs and advertising structures shall be maintained in good and safe structural condition; shall be painted on all exterior parts, unless coated or made of rust resistible material; and shall be maintained in good condition and appearance.
If, upon inspection by the building Official, a sign is found not to conform to the above, written notice shall be given to the owner giving him thirty (30) days to bring the sign into conformance with this provision, or to remove the sign.
(Ordinance 1494 adopted 2/22/11)
Permits shall not be required for any of the following types of signs:
a. 
[Reserved]
b. 
Nonilluminated wall, pole, or ground sign not over thirty-two (32) square feet in area, advertising the sale, lease, or rental of the premises upon which the sign is located, except in areas zoned residential, duplex, apartment, or single-family/manufactured housing, where such sign shall not exceed twelve (12) square feet in area.
c. 
A construction sign appertaining to the construction or remodeling of a building on the premises, which sign shall not exceed sixty-four (64) square feet, and which shall be located on the lot only for the duration of the construction.
d. 
A development sign appertaining to residential, office, retail, commercial and/or industrial development which sign shall not exceed one hundred (100) square feet, and which shall be located within the area being developed. One (1) sign per contractor/contracting company/developer/financing institution per project or one (1) sign for each thirty (30) acres of development shall be permitted for the duration of the project.
(Ordinance 1494 adopted 2/22/11)
All permits for signs not completely erected, constructed, reconstructed, or placed on the ground or securely attached to a building or structure shall expire within three (3) months from the date of issuance of such permit. Any uncompleted sign, for which a permit for erection, construction, placement, or attachment has expired, shall be removed from the premises on which it is located. Provided, applicant may obtain a permit from the building inspector for the completion of such work, which permit may allow for an extension not to exceed sixty (60) days.
(Ordinance 1494 adopted 2/22/11)
Permitted Freestanding Signs - By Land Use
 
AG
R-1, R-2, R-3, D
[A]
LC, GC
MXU
PD
DC, DED
LM, HM
Principal Freestanding Sign (Pole or monument sign) - One Use on Property
Max Number
1 per lot
1 per lot
1 per street frontage
1 per street frontage
1 per street frontage
a.
Not allowed
1 per street frontage
Max Sign face or sign area
10 sq. ft.
6 sq. ft.
32 sq. ft.
100 sq. feet
N/A
a.
Not allowed
100 sq. feet
Max Height
5 feet
5 feet
10 feet
30 feet
N/A
a.
Not allowed
30 feet
Principal Freestanding Sign (Pole or monument sign) - More than one use on property
Max Number
N/A
N/A
1 per street frontag e
1 per street frontage
1 per street frontage
a.
Not allowed
1 per street frontage
Max Sign face or sign area
N/A
N/A
40 sq. ft.
125 sq. feet
175
a.
Not allowed
150 sq. feet
Max Height
5 feet
5 feet
10 feet
30 feet
30 feet
a.
Not allowed
30 feet
Building Signage
Wall, awning, under-canopy, projecting on a building
Max. number of building signs
1
1
1 per building
1 per tenant/per face of building
1 per tenant/per face of building
a.
1 per tenant/per face of building
1 per tenant/per face of building
Max Sign face area
1 sf
1 sf
5 sf
10% of the area of the wall on which the sign is placed
10% of the area of the wall on which the sign is placed
a.
10% of the area of the wall on which the sign is placed
10% of the area of the wall on which the sign is placed
Billboards (Off-premises signs) b.
Max Number
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
1 per every 3,000 feet of street frontage/1 per 3,000 foot radius
Max Sign face or sign area
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
350 sf per side
Max Height
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
30 feet
Minimum Setback from right-of-way/ propert y line
 
 
 
 
 
 
 
20 feet
Directional Signs
Max Number
Number and Size approved by the Planning Director.
Max Sign face or sign area
Max Height
a.
Submitted by the developer and subject to approval by the Planning Board and City council.
b.
Billboards are subject to approval of a special permit.
93.0 
Banners
1. 
The City Manager or his/her designee may issue a Banner Permit for Banners, provided that the banner complies with regulations in the Zoning Ordinance governing, parking, signage, etc.
2. 
Banners are a soft, flexible sign, similar to a flag, made of cloth, plastic, or other material.
a. 
Banners are prohibited from being placed in any “R-1” Single-Family Residential District, “R-2” Single-Family Residential District, “R-3” Single-Family Residential District, “AG” Agricultural District, “D” Duplex District and “SF-MH” Single-Family Manufactured Housing, “DC” Downtown Core District, and “DED” Downtown Entertainment District unless the banner is intended for anything in section (b) “Off-Premise Banner”
b. 
Off-Premise Banner. Banner that is intended for use by sponsors of nonprofit community activities such as festivals, conventions, major events, and general street beautification shall be allowed at an off premise location if signed by the property owner and approved by the City Manager or his/her designee.
c. 
Each banner Requires a permit but there will be no fee for the permit.
d. 
One banner shall be allowed for each single occupancy structure
e. 
Banners allowed in a multi-tenant building. One banner allowed per business if located in a multi-tenant building such as shopping centers.
f. 
Size of Banners. Banners shall not exceed 32 square feet in area.
g. 
Location of Banners. Banners shall be attached to a wall or from the front of the canopy of the facade of the structure of the occupants business and shall not cover windows or doors.
h. 
Banners promoting vendor or brand names associated with a business shall comply with the following guidelines:
1. 
No more than three banners at a time that promotes a vendor or brand name that is used by the occupants business at the location.
2. 
Banners must be attached to a wall of the structure of the occupants business and shall not cover windows or doors.
3. 
Banners can be no larger than 12 square feet in size.
i. 
Banners shall be kept in good condition and neat in appearance.
j. 
Banners shall be securely fastened at all corners to appropriate restraints to prevent any unsafe conditions.
k. 
Banners are not allowed to be used for permanent signage.
93.1 
Temporary Signs
1. 
Temporary Sign - A sign displayed for limited and specific time and are usually made of paper or cardboard and also includes feather flags.
A. 
Temporary Signs are prohibited in R-1” Single-Family Residential District, “R-2” Single-Family Residential District, “R-3” Single-Family Residential District, “AG” Agricultural District, “D” Duplex District and “SF-MH” Single-Family Manufactured Housing, “DC” Downtown Core District or “DED” Downtown Entertainment District except for those allowed set forth in this ordinance (i.e. political signs, real estate signs, development signs).
C. 
Temporary signs can be no larger than 12 square feet[.]
D. 
Only three temporary signs are allowed per year for business advertisement Each allowed temporary sign is allowed up to 30 consecutive days per year.
E. 
Temporary signs for the purpose of business advertisement are only allowed on the property where the business is located.
F. 
Temporary signs intended for use by sponsors of nonprofit community activities such as festivals, conventions, major events, and general street beautification shall be allowed in any zoning district if signed by the property owner and approved by the City Manager or his/her designee
G. 
At no time can temporary signs can be located on public right-of-way.
H. 
Temporary signs are allowed for up to thirty consecutive days per calendar year
93.2 
Electronic Message Centers (EMC)
EMC–Electronic Message Center
1. 
EMC’s must meet all the requirements of this sign code. All EMC signs shall comply with the appropriate City sign and other regulations.
2. 
The maximum area of an EMC shall not exceed sixty-four (64) square feet, and its measurement is to be included in the total sign allowance for a given site.
3. 
The maximum height of any freestanding EMC that is not attached to or part of a multi-part freestanding sign shall not exceed twenty (20) feet. Where an EMC is attached to or part of a multi-part freestanding sign, the maximum sign height will be determined according to the maximum permissible height of the type of which the EMC is a part.
4. 
EMC’s shall not face or be located in residential zoning district with the exception of EMC’s used in conjunction with schools, churches, or public uses. EMC’s shall not face or be located in “DC” Downtown Core Zoning District or in the “DED” Downtown Entertainment District with the exception of certain window signage for the purpose of displaying store hours, menu boards, and any other similar signs as approved by the Main Street Manager.
5. 
All images displayed on EMC’s shall not blink, flash, rotate, or behave in any other way that constitutes or implies rapid visual motion.
6. 
All EMC’s messages shall have a minimum hold time of 3 (three) seconds between transitions from one sign face to another.
7. 
During transition from one sign face to another, messages may fade in, dissolve, or scroll from one sign face to another or have limited animation, provided that the animation does not violate any portion of these rules or become a distraction to passersby.
8. 
EMC’s messages may include limited animation provided that the duration of each animation is no more than six (6) seconds and that the animation does not violate any portion of these rules or become[s] a distraction of passersby.
9. 
Signs with a total EMC area of 10 (ten) square feet or less may have continuous scrolling of a single line of message text.
10. 
All EMC’s shall be equipped with light sensing devices or a scheduled dimming timer that will automatically dim the intensity of the light emitted by the sign during ambient low-light conditions and at night so that the sign does not exceed the maximum brightness levels allowed in this section.
11. 
Maximum brightness levels for EMC’s shall not exceed 5,000 nits when measured from the sign’s face at its maximum brightness, during daylight hours and 1,000 nits when measured from the sign’s face at its maximum brightness at night.
12. 
Prior to the issuance of a permit for a[n] EMC sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above.
13. 
All electrical equipment on a newly constructed sign that contains an EMC shall be UL listed, and labeled.
14. 
All power to an EMC shall be supplied via underground carrier, inside approved conduit, and shall be installed in accordance with the electrical code.
15. 
When malfunctioning, all EMC’s must either be turned off or display a blank screen.
16. 
Off-premises signs (Billboards) that contain an EMC, new or reconstructed, shall comply with all permitting requirements set forth in Section 94 “Off-Premises Sign” of the Kilgore Code of Ordinance.
17. 
Off-premises signs (Billboards) that contain an EMC, new or reconstructed, shall comply with size requirements of 350 square feet maximum set forth in this Section “Signs Standards” of the Kilgore Code of Ordinance
(Ordinance 1494 adopted 2/22/11; Ordinance 1571 adopted 3/26/13; Ordinance 1783 adopted 11/10/20; Ordinance 1546 adopted 5/22/12; Ordinance 1793 adopted 3/23/21)
(1) 
Prohibited signs
(a) 
Off-premises signs shall be allowed in Heavy Manufacturing zoned districts only. No special permit may be issued for an off-premise sign located on any property within three thousand (3,000) feet from any property within a single-family residential, single-family/manufactured housing, duplex, or apartment zoned district, church, school, park, or open space.
(2) 
Special permit
(a) 
An off-premises sign may be located in an HM zoned district by special permit authorized by action of the city council by a three-fifths majority vote.
(b) 
An application for a permit shall be submitted in writing to the building inspector accompanied by an application fee as provided in appendix B to this code which fee shall be nonrefundable. All property owners within a radius of two hundred (200) feet of all property lines of the subject property shall be notified by certified mail of the requested permit and the date, time and place of the hearing before the city council.
(c) 
The special permit request shall be accompanied by a drawing showing:
(1) 
Site plan with the location of the sign on the property, structures on the property, adjacent structures, setbacks, owner of the property, and the owner of the sign;
(2) 
Height of the sign;
(3) 
Size of the sign;
(4) 
Structural design of the sign.
(d) 
Once permitted, all off-premises signs shall bear the name, the address, and the telephone number of the sign contractor and the owner and the date of erection of the sign inscribed on the sign in a readable manner.
(3) 
Compliance with building codes.
Any off-premises sign shall be constructed in compliance with all city building codes.
(4) 
Lighting
(a) 
All lighting of an off-premises sign shall be so shielded as not to produce intensive or excessive light or glare on adjacent property or to vehicular traffic. Signs which contain, include or are illuminated by any flashing, intermittent or moving lights are prohibited, except those giving public service information such as time, temperature, weather or similar information.
(5) 
Political signs.
Pursuant to Section 216.903 of the Texas Local Government Code, or successor statute, the following conditions apply to signs in the City of Kilgore that are placed on private property with the consent of the owner and that contain political messages. Such signs may:
(a) 
Be up to 36 square feet in area and eight feet in height; but
(b) 
May not be illuminated or have any moving elements.
(6) 
[Reserved]
(7) 
Nonconforming sign abatement
(a) 
Any nonconforming off-premises sign which shall, require reconstruction due to lack of maintenance, damage, or any other reason not specified in this chapter, which involves reconstruction of fifty (50) percent or more of the existing structure, shall not be reconstructed and must be removed. All existing off-premises portable signs shall be removed within three (3) months after the passage of this ordinance.
(Ordinance 1494 adopted 2/22/11; Ordinance 1689 adopted 7/11/17)