The regulations established in this article are intended to provide minimum standards to safeguard life, property, and public welfare regulating and controlling the use, materials, construction, location, number, maintenance, and the permitting of certain signs and sign structures. In addition, this article is intended to enhance the beauty of the city by limiting visual clutter. The provisions of this article are not intended to permit a violation of any provision of any other ordinance or federal or state law.

(Ord. No. 04-008, exh. A(app. B(34.1)), 6-22-2004)

See section 30-2 for signage definitions.

(Ord. No. 04-008, exh. A(app. B(34.2)), 6-22-2004)

(a)

Application. The standards and regulations specified in this section shall apply to all signs displayed in the city and its extra-territorial jurisdiction.

(b)

Height of signs. Sign height shall be measured from ground level at the base of the sign to the highest part of the sign.

(c)

Building and electrical codes applicable. All signs must conform to the regulations and design standards of the building code and other ordinances of the city. Wiring of all electrical signs must conform to the electrical code of the city.

(d)

Illumination of signs. Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent public right-of-way and surrounding property.

(e)

Requirement to repair. Whenever a sign is damaged by wind, is inadequately maintained, is of faulty construction, or is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the designated official, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign. For purposes of this chapter, a sign or a substantial part of it is considered to have been destroyed if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location.

(f)

Placement of signs. No sign may be erected or placed on public right-of-way. Any signs so erected or placed may be removed by the designated official without notice. No sign may be erected or placed on vacant lots or tracts unless written permission has been given by the property owner and such documentation is provided to the designated official upon the official's request.

(g)

Sight triangle. No permanent or temporary sign shall be located to block the visibility in the required sight triangle as defined above.

(h)

Noncommercial messages. Any sign authorized in this chapter is allowed to contain a noncommercial message in place of any other authorized message.

(i)

Off-premises signs. Off-premises signs shall be prohibited in the city, with the exception of builders' directional signs or instructional signs, when written permission has been given by the property owner and such documentation is provided to the designated official upon the official's request.

(j)

Painted signs. No sign shall be permitted which is painted on the wall of any building or on any part of a building.

(Ord. No. 04-008, exh. A(app. B(34.3)), 6-22-2004)

No permanent sign shall be erected, placed, displayed or located except in accordance with Table 1, schedule for permanent signs.

(Ord. No. 04-008, exh. A(app. B(34.4)), 6-22-2004)

No temporary sign shall be erected, placed, displayed, or located except in accordance with Table 2, schedule for temporary signs.

(Ord. No. 04-008, exh. A(app. B(34.5)), 6-22-2004)

Pole and monument signs shall not be used in combination on the same premises. Each premises shall be permitted only one pole sign or one monument sign. A pole sign or monument sign may be used in combination with other permanent signs listed in schedule for permanent signs.

(Ord. No. 04-008, exh. A(app. B(34.6)), 6-22-2004)

The following signs are prohibited from installation, construction, repair, alteration, or relocation within the city, except as otherwise permitted in this chapter:

(1)

"A" frame or sandwich board, and sidewalk or curb signs, except as temporary signs.

(2)

Balloons, or inflatable signs.

(3)

Moving, flashing, animated, or rotating signs, signs with moving lights, or signs which create the illusion of movement, except for reader boards which convey a message.

(4)

Temporary off-premises signs.

(5)

Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this does not prohibit signs placed on vehicles and trailers that are incidental to the primary use or ownership of the vehicle or trailer as transportation.

(6)

Signs attached to utility poles or other surfaces which are not the property of the utility or serve a public purpose located within a public right-of-way or easement.

(7)

Permanent off-premises signs, as defined by the Highway Beautification Act.

(Ord. No. 04-008, exh. A(app. B(34.7)), 6-22-2004)

The following signs are exempt from the provisions and regulations of this section:

(1)

Public signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.

Schedule of Permanent Signs

(2)

Signs on vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as transportation.

(3)

Warning signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger.

(4)

Flags. Flags of governmental entities or nonprofit organizations. Nothing in this chapter shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, or legal notices, or informational, directional, or traffic signs which are legally required and necessary to the essential functions of government agencies.

(5)

Governmental signs. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.

(6)

Address numerals. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation.

(7)

Athletic signs. Signs used as scoreboards in athletic stadiums.

(8)

Directional signs. Signs which direct vehicles and pedestrian traffic, which may display arrows, words, or other symbols to indicate direction of facilities.

(9)

Directory signs. Signs which are located in or adjacent to entrances or foyers.

(10)

Instructional signs. Signs providing no advertising of any kind, which provide direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to the signs identifying restrooms, public telephones, public walkways, parking areas, and other similar facilities.

(Ord. No. 04-008, exh. A(app. B(34.8)), 6-22-2004)

(a)

Measurement of detached signs. The sign area for a detached on-premises sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logo, letters, or other symbols, composed of the total area of the message, and any border, trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is displayed. The sign structure shall not be included in the sign area unless there is a sign displayed thereon.

Detached Type Signs

(b)

Measurement of attached signs. The sign area for an attached on-premises sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message.

(c)

Border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.

(Ord. No. 04-008, exh. A(app. B(34.9)), 6-22-2004)

Except as herein provided, no permanent sign shall be erected, placed, displayed or located without first obtaining a sign permit from the city.

(1)

Application for permit. Application for a permit for a permanent sign shall be made in writing upon forms furnished by the city secretary. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and telephone number of the owner and sign contractor or erector. The city secretary may require the filing of plans or other pertinent information which, in the city secretary's opinion, is necessary to ensure compliance with this chapter.

(2)

Termination of permit. A sign permit may be terminated in accordance with the following provisions:

a.

A permit shall be active for the life of the sign, as long as it is in compliance with this chapter.

b.

A permit shall be terminated if the sign for which it has been issued has not been constructed within one year from the date of issuance.

c.

A permit issued for any sign including its supporting structure shall automatically terminate in the event the sign shall fail and not be corrected within 60 days.

(3)

Permit fees. A sign permit fee shall be paid to the city in accordance with the most current fee schedule adopted by the city.

(Ord. No. 04-008, exh. A(app. B(34.10)), 6-22-2004)

(a)

Any existing sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of article XIII of this chapter. It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs; provided, however, the city council, may, upon finding that it is in the best interest of the health, safety and welfare of the citizens of the city, and that it is reasonably necessary for the development of the lot upon which the existing nonconforming sign is located, grant a variance allowing for the relocation of an existing nonconforming sign.

(b)

The city council may order nonconforming signs which:

(1)

Are permanently affixed to the ground on the effective date of the ordinance from which this chapter is derived;

(2)

Were erected in conformity with city ordinances in effect at the time of their erection; and

(3)

Remain in place after six months from the effective date of the ordinance from which this chapter is derived, to be removed upon and subject to compliance with V.T.C.A., Local Government Code ch. 216.

(c)

Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein.

(Ord. No. 04-008, exh. A(app. B(34.11)), 6-22-2004; Ord. No. 2015-004, § 1(exh. A), 2-10-2015)

If, in the opinion of the building official, any sign erected or maintained along or across any sidewalk or public street becomes dangerous to life and limb or is proven to be an obstruction to the proper operation of the fire department, it shall be subject to the following:

(1)

It shall be the duty of the building official to observe and make note of such facts.

(2)

The building official shall thereupon issue a notice to the owner to correct noted violation within the time period specified in the notice, to be not more than ten days.

(3)

If there is no response from the owner or his agent, the building official shall then refer the issue to the building standards, plumbing, adjustments and appeals board.

(4)

If the board determines that the facts stated by the building official are correct and it in its judgement the sign should be removed, it shall order that the sign be removed at the date specified in the order of removal.

(5)

In the event the owner, agent or other responsible person should fail or refuse to remove such sign within the time specified by the board, such person shall be deemed guilty of a misdemeanor.

(6)

Each and every day that any sign shall be maintained past the time prescribed in the board's order of removal, shall constitute a separate and distinct offence, and shall be turned over to the municipal court for process.

(Ord. No. 04-008, exh. A(app. B(34.12)), 6-22-2004)

(a)

It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this chapter and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment.

(b)

Upon request of an interested party, the city council shall hear and shall seriously and fairly consider a request for a meritorious exception under this section.

(Ord. No. 04-008, exh. A(app. B(34.13)), 6-22-2004)

All signs not specifically authorized herein are prohibited. The administrative official shall have the authority to remove any sign in violation of this chapter which is not permanently affixed to the ground on the effective date of the ordinance from which this chapter is derived.

(Ord. No. 04-008, exh. A(app. B(34.14)), 6-22-2004)

Portable signs may be converted into permanent signs by permanently affixing the portable sign to a foundation or pole. In order to convert a portable sign the applicant must submit a diagram indicating the structural design of the proposed permanent sign to be reviewed by the city staff. Any proposed converted sign must meet all the requirements of this section.

(Ord. No. 04-008, exh. A(app. B(34.15)), 6-22-2004)