This division shall be known as the highway beautification ordinance.
(1978 Code, sec. 3-30)
As used in this division, the following terms shall have the respective meanings ascribed to them:
Erect.
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish except when performed incidental to the change of an advertising message or to normal maintenance or repair of an existing sign.
Freeway.
A divided highway with full control of access.
Main-traveled way.
The through traffic lanes exclusive of frontage roads, auxiliary lanes and ramps.
Official signs.
Directional and other official signs authorized by law, including signs pertaining to natural wonders and scenic and historic attractions, and signs which have as their purpose the protection of life and property.
On-premises signs.
Signs advertising the sale or lease of the property on which they are located, and signs advertising activities conducted on the premises upon which they are located.
Sign.
An outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designated, intended or used to advertise or inform.
Traveled way.
That portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Visibility triangle.
The visibility triangle shall have as its sides the right-of-way lines of the intersecting streets extending away from the point of intersection of the two right-of-way lines a distance of 40 feet to a point, with a straight line connecting the two points to form the third side of the triangle.
(1978 Code, sec. 3-32; Ordinance adopting Code)
(a) 
Signs shall not imitate or resemble any official traffic sign, signal or device.
(b) 
Signs shall not be erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(c) 
No sign shall exceed one thousand two hundred (1,200) square feet in area.
(d) 
No sign shall exceed twenty-five (25) feet in height.
(e) 
No sign shall exceed sixty (60) feet in length.
(f) 
All dimensions include border and trim, but exclude supports.
(g) 
Double-faced, back-to-back, or V-type signs shall be considered as one sign.
(h) 
Signs which exceed three hundred fifty (350) square feet in area may not be double-faced (stacked or side by side).
(i) 
Signs may not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device, or to obstruct or interfere with the driver’s view of approaching, merging or intersecting traffic.
(j) 
Signs may not be located within five hundred (500) feet of any public park, public forest, public playground or scenic area so designated by a governmental agency, which is adjacent to the highway.
(k) 
Signs may not be erected closer than one hundred (100) feet apart on the same side of the highway.
(l) 
Adjacent to freeways, signs may not be erected closer than five hundred (500) feet apart on the same side of the freeway.
(m) 
Signs may be located closer than the spacing requirements established herein, provided such signs are separated by buildings, natural surroundings or other obstructions so that only one sign located within the specified spacing is visible at any one time.
(n) 
Signs which contain, include or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather or similar information.
(o) 
Lights which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the highways, and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle, are prohibited.
(p) 
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(q) 
Portable or wheeled signs are prohibited.
(r) 
Any signs which emit sound, odor or visible matter which serves as a distraction to persons within the public right-of-way are prohibited.
(s) 
Freestanding signs.
One freestanding sign for each freestanding building in commercial areas not to exceed one freestanding sign per development lot shall be permitted only as indicated below:
(1) 
Districts with frontage on a thoroughfare.
(A) 
Area.
The area of a freestanding sign shall not exceed an amount equal to 0.40 square feet per front foot of lot and in no case shall this sign area exceed two hundred fifty (250) square feet.
(B) 
Height.
For lots with frontage of zero (0) through ninety-nine (99) feet, sign height shall not exceed five (5) feet. For lots exceeding ninety-nine (99) feet of lot frontage, the sign height shall not exceed five (5) feet, plus one foot of sign height for each twenty (20) feet of lot frontage. In no case shall sign height exceed thirty (30) feet.
(C) 
Setback.
Setbacks shall be a minimum of ten (10) feet or one and forty-three one-hundredths (1.43) feet for each foot of sign height, whichever is greater.
(D) 
Spacing.
Freestanding signs shall not be placed closer to a side lot line than a distance equal to one-fourth of the lot frontage.
(2) 
Districts with frontage on expressway right-of-way.
(A) 
Area.
The area of a freestanding sign shall not exceed an amount equal to 0.40 square feet per front foot of lot and in no case shall this sign area exceed two hundred fifty (250) square feet.
(B) 
Height.
For lots with frontage of zero (0) through ninety-nine (99) feet, sign height shall not exceed twenty (20) feet. For lots exceeding ninety-nine (99) feet of lot frontage, the sign height shall not exceed twenty (20) feet, plus one foot of sign height for each forty (40) feet of lot frontage. In no case shall sign height exceed thirty-five (35) feet.
(C) 
Setback.
Setbacks shall be a minimum of one and twenty-two one-hundredths (1.22) feet for each foot of sign height.
(D) 
Spacing.
Freestanding signs shall not be placed closer to a side lot than a distance equal to one-fourth of the lot frontage.
(3) 
All freestanding signs permitted in this subsection shall comply with the following:
(A) 
On corner lots, that frontage on the major or primary street shall be construed to be the development lot frontage, and no more than one sign shall be permitted, except on a development lot located at the intersection of two (2) major thoroughfares or two (2) expressways or a major thoroughfare and an expressway, a freestanding sign shall be permitted on each such thoroughfare or expressway or one sign, of the same size, height and setbacks, may be placed on the corner, provided it is not within the visibility triangle.
(B) 
No sign shall be placed within the “visibility triangle” as defined in this article.
(C) 
To compute the allowable square footage of sign area, only one side of a double-faced sign shall be considered.
(D) 
Development lot frontage shall be defined as that frontage under one development at the time of application for sign permit.
(E) 
Freestanding signs may rotate not more than six (6) revolutions per minute.
(F) 
Freestanding signs may be placed on the roof of a building provided the height, setback, square footage and location requirements of this section are met.
(1978 Code, sec. 3-33)
Signs shall not be located within any “R” zoning district of the city. Every sign erected within the city and within six hundred sixty (660) feet of the nearest edge of the right-of-way of interstate and federal-aid primary highways shall comply with the standards established by this division, with the following exceptions:
(1) 
Official signs.
(2) 
On-premises signs.
(3) 
Signs which are not visible from any point on the main-traveled way viewed from a height of not more than six (6) feet above any such point.
(1978 Code, sec. 3-34; Ordinance adopting Code)
Every sign regulated by this division shall also comply with the zoning ordinance, building code and all other applicable codes and ordinances of the city.
(1978 Code, sec. 3-35)
The building official shall issue building permits for signs regulated by this division only to persons who own valid licenses issued by the state transportation commission pursuant to the provisions of V.T.C.A., Transportation Code, chapter 391. The minimum fee for said building permit shall be as provided in section A3.14.066 of the fee schedule in appendix A to this code.
(Ordinance 495, sec. 3-36, adopted 9/8/87; Ordinance adopting Code)
Outdoor advertising signs of this type shall be permitted in the “I” industrial districts, subject to the following conditions:
(1) 
Billboards shall be constructed to meet the construction standards as established in the city building code.
(2) 
Billboards located in an industrial district shall be a minimum of eighty (80) feet from any residentially zoned property line.
(3) 
The maximum area of any billboard located in an industrial district shall be three hundred (300) square feet.
(4) 
The maximum area of any billboard located in an industrial district shall be seven hundred fifty (750) square feet.
(5) 
There shall be a minimum separation of two hundred (200) feet between all billboards on the same side of a street; provided, however, this shall be increased to five hundred (500) feet on expressways.
(6) 
Billboards shall have a setback of not less than the greater of:
(A) 
Forty-three (43) feet; or
(B) 
The greatest setback of all the front buildings on the lot on which the billboard is located, or if none, then that of the lots contiguous to the lot upon which the billboard is located.
(7) 
Billboards shall have a maximum height of thirty-five (35) feet.
(8) 
All lighting of billboards shall be so shielded as not to produce intensive or excessive light or glare on adjacent property.
(9) 
Billboards shall be prohibited from being placed within the boundaries of blocks 61, 62, 63, 64, 65, 79, 81, 90, 91, 92 and 93, original town addition to the city.
(1978 Code, sec. 3-38)