The purpose of these regulations related to billboard signs is to encourage and promote a signage element of the city that is consistent with the high aesthetic standards established in other standards of the city's development. These regulations are intended to be a positive tool to accomplish this purpose for the benefit of the general public, as well as the business community, and are not designed to discourage or inhibit aesthetically pleasing signage design, materials and placement.

(Ord. O-2014-001, passed 1-7-14)

The regulations of this chapter shall govern the placement and construction of all outdoor advertising display and billboard signs within the city. In accordance with state law, the provisions of this chapter are extended into the extraterritorial jurisdiction of the city.

(Ord. O-2014-001, passed 1-7-14)

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

BILLBOARD. A large off-premises sign.

CITY. The city of Gun Barrel City, Henderson County, Texas.

OFF-PREMISES SIGN. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product that is not principally located or primarily manufactured or sold on the premises on which the sign is located.

POLE SIGN. Any sign which is free-standing from a structure or building and supported by, from, or on top of a pole or beam composed of metal, wood, plastic, or some other material.

SIGN. An outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform. Any interior illuminated or moving sign, or light, which is visible from the exterior of a structure, may be determined as being erected on the exterior of the building or structure.

(Ord. O-2014-001, passed 1-7-14)

(A)

Standards. The following standards shall apply to all property within the city limits and in the extraterritorial jurisdiction of the city. The term "property" shall include, but is not limited to, commercial, office, retail, residential, industrial, municipal, and institutional.

(B)

Billboard and off-premises sign prohibition. Billboards and off-premises signs are prohibited in all areas inside the city limits and areas within the city's extraterritorial jurisdiction. All off-site signs, which the city permits, shall be in compliance with the sign regulations in § 154.37 of this Code.

(Ord. O-2014-001, passed 1-7-14)

(A)

Content. The city does not regulate the content of signs: however, no sign shall contain any obscene, indecent or immoral words, pictures, descriptions or other such matter.

(B)

Out-of-compliance signs. All off-premises signs within the city and in the extraterritorial jurisdiction of the city shall be maintained as to copy quality, structural neatness, and ground foliage. Failure to comply can result in permit revocation, and removal of said structure at owner's expense.

(Ord. O-2014-001, passed 1-7-14)

(A)

All existing off-premises signs and billboards permanently affixed to a pole or similar structure within the city limits on the effective date of this chapter shall be allowed to operate as non-conforming signs, if such off-premises signs and billboards were not erected in violation of the ordinances in effect at the time of their erection. If an off-premises sign or billboard permitted to remain in place as a non-confirming sign is blown down, or otherwise destroyed, or dismantled for any purpose other than maintenance operations or for changing letter, symbols, or other matter on such sign or billboard, the sign may not be reconstructed or repaired except to conform to the provisions of this chapter. An off-premises sign or billboard is considered to have been destroyed if the cost of repairing the sign or billboard is more than 60% of the cost of erecting a new sign or billboard of the same type at the same location. No off-premises sign presently in a public or railroad right-of-way shall be allowed to operate as a non-conforming sign under the provisions of this section.

(B)

No person may cause an increase in the extent of non-conformity of a nonconforming sign. Illumination may not be added to a non-conforming sign.

(C)

A non-conforming sign may not be moved or replaced except to bring the sign into conformity with this chapter.

(D)

If a non-conforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 90 days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other person having control over such a sign to comply with the billboard sign regulations in this chapter. For purposes of this section, a sign is "blank" if:

(1)

It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or

(2)

The advertising message it displays become illegible in whole or substantial part; or

(3)

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

(Ord. O-2014-001, passed 1-7-14)

(A)

Obsolete. All off-premises signs and billboards relating to a product no longer available for purchase by the public and all such signs relating to a business which has been closed for at least six months or has moved away shall be termed obsolete. All advertising copy shall be removed. All off-premises signs must be removed within 60 days following the date of obsolescence, or provide evidence that the sign will be used within 60 days. These off-premises signs may be donated to the city.

(B)

Notice remove signs. Any off-premises sign or billboard which is found to be in violation of this chapter may be removed by the city pursuant to the guidelines set forth in §§ 216.001 through 216.015 of the Texas Local Government Code.

(Ord. O-2014-001, passed 1-7-14)

(A)

All off-premises signs constructed, erected, hung or displayed within the city and its extraterritorial jurisdiction after the effective date of this chapter must comply with the regulations set forth in this chapter. The Building Official or his/her designee shall be responsible for enforcement of the provisions of this chapter.

(B)

Any person, firm, corporation or business entity violating this chapter or any provision shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine not to exceed $500. Each violation, and each day any violation of the provisions of this chapter shall continue, shall constitute a separate offense. The imposition of any fine for any violation shall not constitute an estoppel for injunction or other available relief against any such violation. If any such violation is designated as a nuisance under the provisions of this chapter, such nuisance may be summarily abated by the police department.

(Ord. O-2014-001, passed 1-7-14)