Any person, firm or corporation who violates any provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine not to exceed the maximum
allowable by state statute for each offense, and each and every day
that the violation of this article shall be permitted to continue
shall constitute a separate offense.
(2002 Code, sec. 4.31)
The permittee, owner, agent, person or persons having the beneficial
use of the ground or sign, the owner of the land or structure on which
the sign is located, and the person in charge of erecting the sign
are all subject to the provisions of this article.
(2002 Code, sec. 4.30)
Any sign which the city determines no longer serves a bona fide
use conforming to this article shall be removed by the owner, agent
or person having the beneficial use of the land, buildings, or structure
upon which such sign is located within ten (10) days after written
notification to do so from the city. Upon failure to comply with such
notice, the city is hereby authorized to cause the removal of such
sign, and any expense incident thereto shall be paid by the owner
of the land, building or structure to which such sign is attached
or upon which it is erected.
(2002 Code, sec. 4.26)
If the city shall determine that any sign is unsafe or insecure,
or is a menace to the public, written notice will be given to the
person or persons responsible for such sign. If the permittee, owner,
agent or person having the beneficial use of the premises fails to
remove or repair the sign within ten (10) days after such notice,
such sign may be removed by the city at the expense of the permittee
or owner of the property upon which is an immediate peril to person
or property, to be removed summarily and without notice.
(2002 Code, sec. 4.27)
All signs and supports shall be maintained in good condition
to prevent deterioration, oxidation, rust and other unsightly conditions.
(2002 Code, sec. 4.28)
Every owner, occupant, tenant, or lessee of real property adjoining
and contiguous to U.S. Highway 287 within the corporate limits of
the city shall be prohibited from erecting, constructing, or placing
any sign or placard within a ten foot area of the curbline unless
the bottom of the sign or placard shall be at a minimum distance of
seven feet above the ground.
(2002 Code, sec. 4.29; Ordinance
adopting Code)
(a)
Findings.
(1)
The city council has determined that, in order to preserve and enhance
the city as a desirable community in which to live and do business,
a pleasing, visually attractive environment is of foremost importance,
and these regulations are a highly contributive means by which to
achieve this desired end and have been prepared with the intent of
enhancing the visual environment of the city and promoting safety
and continued well-being.
(2)
The city council has determined that off-premises signs, commonly
known as billboards, are inconsistent with the above-stated goals,
and has determined that changeable electronic variable message signs
(CEVMS) are also inconsistent with the above-stated goals.
(3)
The city council finds that section 216.902 of the Local Government
Code provides for the application of its outdoor advertising sign
regulations to extend into the extraterritorial jurisdiction (ETJ)
of the city.
(b)
Prohibitions.
(1)
Prohibition of new off-premises signs.
From and after
the effective date, no new construction permit shall be issued for
the erection of an off-premises sign, including but not limited to
a new off-premises CEVMS or the conversion of an existing non-CEVMS
off-premises sign to a CEVMS, within the sign code application area.
(2)
Prohibition of changeable electronic variable message signs.
From and after the effective date, no CEVMS shall be allowed
within the sign code application area.
(Ordinance 371 adopted 4/22/08)
It shall be unlawful for any person to erect, replace, alter
or relocate any sign within the city without first obtaining a permit
to do so from the city secretary and making a payment of the fee required,
except as may be provided in this article.
(2002 Code, sec. 4.16)
It shall be unlawful to repair any sign requiring a permit, as defined in section 3.04.051 above, without first obtaining a repair permit from the city and making payment of the fee required.
(2002 Code, sec. 4.17)
Every sign lawfully in existence prior to January 1, 1995, may be repaired without applying for a permit as noted in section 3.04.051. No sign erected from that date forward shall be altered or moved unless a permit is issued.
(2002 Code, sec. 4.18)
Application for a sign permit/repair permit shall be made upon
forms provided by the city and shall contain or have attached thereto
the following information:
(1)
Name,
address and telephone number of the applicant.
(2)
Name,
address and telephone number of the owner.
(3)
Name,
address and telephone number of the person or firm erecting the sign.
(4)
Location
of the building, structure or tract to which or upon which the sign
is to be attached or erected.
(5)
Position
of the sign in relation to nearby buildings or structures or other
related signs.
(6)
Such
other information as the city may require to show full compliance
with this article and all other laws and ordinances of the city and
state.
(2002 Code, sec. 4.19)
Application for a permit shall not be required for the following
signs; provided however, such signs shall otherwise comply with all
other applicable provisions of this article:
(1)
Signs
not exceeding eight (8) square feet in area which advertise the sale,
rental or lease of the premises on which such signs are located.
(2)
Nameplates
not exceeding one (1) square foot in area.
(3)
Temporary
political signs erected on public easements and private property with
the owner’s consent for a maximum of six (6) weeks. The individual
and/or group denoted on said sign is responsible for removal of the
sign within seven (7) days of the election and/or political activity’s
completion.
(4)
Signs
not exceeding sixteen (16) square feet in area for public, charitable
or religious organizations when the same are located on the premises
of the institution.
(5)
Signs
promoting the city when not used for commercial advertising in any
way.
(6)
Temporary
construction signs, not exceeding sixteen (16) square feet in area,
denoting the architect, engineer or contractor, when placed upon premises
under construction.
(7)
Occupational
signs, not exceeding two (2) square feet in area, denoting only the
name and profession of an occupant in a commercial building or public
institutional building.
(8)
Memorial
signs or tablets, names of buildings and date of erection, when cut
into any masonry surface, or when constructed of bronze or other incombustible
materials.
(9)
Flags,
emblems and insignia of any governmental body, and decorative displays
for holidays or public demonstrations which do not contain advertising
and are not used as such.
(10)
Directional signs not exceeding eight (8) square feet, provided such
signs do not contain advertising and are not used as such.
(11)
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger and such emergency, temporary or non-advertising signs
as may be approved by the city council.
(12)
Window signs for use on establishments in commercial or retail areas.
In no event may signs be located on the window surface internally
or externally in any manner to obscure more than fifty (50) percent
of the visible window area available in the absence of any signs.
Where multiple windows exist fronting on a single street or sidewalk,
the fifty (50) percent visibility shall be maintained for the total
window area on said street or sidewalk.
(13)
Temporary banner signs announcing the grand opening of a business
may be put up for a maximum of ninety (90) days.
(2002 Code, sec. 4.20)
(a)
Every
applicant, before being granted a sign permit hereunder, shall pay
to the city a fee in the amount of ten dollars ($10.00) for processing
and issuing such permit.
(b)
A
fee for a permit to repair shall be ten dollars ($10.00).
(c)
When
a permit is required by this article and construction and repair is
started or proceeded with prior to obtaining said permit, the fees
above specified shall be doubled. The payment of such fees shall not
relieve any person from fully complying with the regulations described
by this article.
(2002 Code, sec. 4.21)
Providing that the applicant has complied with all provisions
of this article and that the proposed sign complies with all provisions
of this article, the city will issue the sign permit to the applicant.
(2002 Code, sec. 4.22)
The city will not issue a permit under the provisions of this
article to any person who has previously failed or refused to pay
any fees or costs assessed against him under the provisions of this
article.
(2002 Code, sec. 4.23)
If the work authorized by a permit issued under this article
has not been commenced within sixty (60) days after the date of issuance,
the permit shall become null and void.
(2002 Code, sec. 4.24)
The city may suspend or revoke any permit issued under the provisions
of this article whenever it is determined that the permit was issued
in error or on the basis of incorrect or false information supplied,
or whenever such permit is issued in violation of any of the provisions
of this article or any other ordinance of this city or laws of this
state or the federal government. Such suspension or revocation shall
be effective when communicated in writing to the person to whom the
permit is issued, the owner of the sign or the owner of the premises
upon which the sign is located.
(2002 Code, sec. 4.25)
