This article shall not be construed, applied, interpreted nor enforced in a manner to violate the First Amendment rights of any person.
(Ordinance 041204-A adopted 4/9/04; Ordinance 02282012A adopted 2/28/12)
As used in this article, the following terms shall have the meanings indicated below unless the context clearly indicates otherwise:
The project or subdivision has continuous construction efforts underway to complete the project.
A sign advertising products not made, sold, used or served on the premises upon which the sign is located.
A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic-Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
Any sign, commonly known as a billboard, that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.
Any sign identifying or advertising the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes.
The corporate limits of the city and the area of its extraterritorial jurisdiction as defined by Tex. Loc. Govt. Code, section 42.021.
(Ordinance 041204-A adopted 4/9/04; Ordinance 02282012A adopted 2/28/12)
(a)
It shall be unlawful for any person to erect, construct, enlarge, move or convert any billboard sign within the city or its extraterritorial jurisdiction without first obtaining a sign permit from and paying a permit fee to the city building official unless specifically noted otherwise in this article. This provision shall not require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a license has previously been issued, so long as the sign or sign structure is not modified in any way. A change of business requires a new permit.
(b)
No person may install a sign or structurally alter an existing sign except in conformity with this article and other applicable city ordinances.
(c)
The primary beneficiary of any sign installed, moved, structurally altered, structurally repaired, maintained, or used in violation of this section shall be deemed responsible for the violation of this section.
(d)
The city building official or his/her designee shall enforce and implement the terms of this article, including without limitation:
(1)
Issuing permits and collecting the fees required by this article;
(2)
Conducting appropriate inspections to insure compliance with this article;
(3)
Instituting legal proceedings, including suits for injunctive relief when necessary, to insure compliance with this article; and
(4)
Investigating complaints of alleged violations of this article.
(e)
From and after the effective date of this section, 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 and the conversion of an existing non-CEVMS off-premises sign to a CEVMS, within the sign code application area.
(f)
From and after the effective date of this section, no CEVMS shall be allowed within the sign code application area.
(Ordinance 041204-A adopted 4/9/04; Ordinance 02282012A adopted 2/28/12)
An application for a billboard sign permit must be accompanied by the permit fee and shall include such information as is necessary to assure compliance with all appropriate laws and regulations of the city, including:
(1)
The name and address of the owner of the sign.
(2)
The name and address of the owner or the person in possession of the premises where the sign is located or to be located.
(3)
Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all existing signs whose construction requires permits, when such signs are on the same premises.
(4)
Drawings showing the dimensions, construction supports, sizes, foundation, electrical wiring, and components, materials of the sign and method of attachment and character of structure members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the building code. If required by the city building official or his/her designee, engineering data certified by a licensed structural engineer shall be supplied on submitted plans.
(5)
Fees for sign permits shall be kept as a matter of record by the city secretary.
(6)
Expiration of sign permits:
(A)
A sign permit shall expire and become void unless a request for final inspection of the sign is made no later than one hundred eighty (180) days after the date the permit is issued.
(B)
A single 90-day extension of the permit may be requested before the expiration of the permit. Final inspection must be requested before the end of the extension period or the permit becomes void.
(Ordinance 041204-A adopted 4/9/04)
A nonconforming sign shall be allowed to be continued and maintained at its existing location subject to the following conditions:
(1)
The face of the sign may be changed, but no change or alteration shall be made that would increase the degree of nonconformity.
(2)
A nonconforming sign shall be removed immediately if any of the following applies:
(A)
A nonconforming sign has been abandoned;
(B)
A nonconforming sign and/or its defined use has been discontinued for a period of ninety (90) days;
(C)
The city building official or his/her designee determines the sign to be obsolete or substandard under any applicable ordinances of the city to the extent that the sign becomes a hazard or dangerous.
(3)
A nonconforming sign may not be reconstructed, repaired, or replaced, and shall be removed, if the sign, or a substantial part of it, is destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign. Reconstruction, repair, or replacement of a nonconforming sign shall be completed no later than ninety (90) days following the date of the damage. For purposes of this subsection, a sign, or a substantial part of a sign, is considered destroyed if the cost of repairing the sign is more than 60% of the cost of installing a new sign of the same type at the same location.
(Ordinance 041204-A adopted 4/9/04)
For the purposes of this article, this article is applicable to all territory within the city’s jurisdiction.
(Ordinance 041204-A adopted 4/9/04)
(a)
All billboard signs in this article shall require an application and permit fee.
(b)
Signs shall not be constructed or installed in a manner which would interfere with visibility or create a traffic hazard. No sign within twenty-five (25) feet of any street or highway right-of-way shall be constructed with less than nine (9) feet of ground clearance except with the prior written approval of the director of planning or his/her designee.
(c)
A sign lighted by incandescent light shall be installed to protect the driver of a vehicle from dangerous glare and to maintain visual clearance of all official traffic signs, signals and devices.
(d)
Any sign as defined in this article, shall be designed and constructed to withstand wind pressures and receive dead loads as required in the building code, adopted by the city. Any sign, other than a wall sign, shall be designed, installed, and maintained so that it will withstand a horizontal pressure of thirty (30) pounds per square foot. of exposed surface.
(Ordinance 041204-A adopted 4/9/04)
No billboards shall be permitted which do not conform with the regulations of this article.
(Ordinance 041204-A adopted 4/9/04)
(a)
All billboard signs in the city and its ETJ shall be properly maintained at times. The city building official shall have the authority to order the painting, repair, or removal of a billboard sign and accompanying landscaping which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
(b)
If the city building official finds that any billboard sign is maintained in violation of the provisions of this section, he/she shall give written notice of the violation to the owner or person entitled to possession of the property where the sign is located, by certified and regular mail, or by personal delivery. If the city is unable to contact the owner by mail or personal delivery, the requirements of written notice shall be fulfilled by publishing notice in the newspaper.
(c)
If the person fails to alter or remove the sign so as to comply with this article within thirty (30) days after notice has been given, the city building official may cause the sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, or to the owners of the property, and shall, upon the determination of the expenses, certify them to the city.
(d)
If appealed, this decision shall be subject to review by the planning and zoning commission in accordance with the provisions herein. Notification shall be by certified mail. If within fifteen (15) days the maintenance orders are not complied with, the city building official may order the sign removed at the owner’s expense under the provisions of this article.
(e)
The city building official shall notify the owner or person entitled to possession of the sign or property of the total costs incurred for the alteration or removal of the sign, and if that person fails within thirty (30) days after the date of notification to pay the entire costs and expenses of the repair, alteration or removal, then the costs and expenses shall become a lien against the property.
(f)
The costs shall include the actual cost of repair or removal of the sign plus administrative costs, and in addition thereto, shall include an amount representing penalty and interest for the cost of collection, and reasonable attorney’s fees.
(Ordinance 041204-A adopted 4/9/04)
Notification of violations to this section shall be consistent with the Texas Government Code.
(Ordinance 041204-A adopted 4/9/04)
The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this article.
(Ordinance 041204-A adopted 4/9/04)
(a)
Penalty.
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b)
Administrative Action.
The city and/or the city administrator shall enforce this article by appropriate administrative action, including but not limited to the rejection of plans, maps, plats and specifications not found to be in compliance with this article and good engineering practices, and the issuance of stop work orders.
(c)
Court Proceedings.
Upon the request of the city council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment, and to seek and recover court costs and attorney’s fees, and/or recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.
(Ordinance 041204-A adopted 4/9/04)
Temporary, unlighted political signs supporting an announced candidate, a party, or an issue shall be allowed in the city rights-of-way. Signs shall be removed within ten (10) days after the election or runoff election to which the sign pertains or after the termination of candidacy, whichever occurs first. No side of any sign shall have an area in excess of twelve (12) square feet.
(Ordinance 052708B adopted 5/27/08)
