The text
Sec. 21-1. - Purpose, scope and definitions.#
(a)
Purpose. The objectives of this section are to promote the health, safety, welfare, convenience, communication and the landscape quality of the public. The sections, provisions and regulations set forth in this chapter shall apply to the control, use, installation, regulation, licensing and permitting of signs within the city and its extra-territorial jurisdiction (ETJ). It is the intent of this chapter to provide comprehensive regulations applicable to signs placed, installed or maintained within the city and it's ETJ; provided that this chapter shall not be construed, applied, interpreted nor enforced in a manner to violate the first amendment rights of any person, and the building official shall seek the advice and recommendation of the city attorney prior to taking any action to enforce any provision of this chapter with respect to any noncommercial sign or speech by any person. This section shall further be interpreted and applied to accomplish the following purposes:
(1)
Safety. The purpose of this section is to provide for the public safety by requiring that:
a.
No hazard is created due to collapse, wind, fire, collision, decay or abandonment;
b.
No obstruction is created to fire fighting and police surveillance; and
c.
No traffic hazard is created by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read the traffic signs.
(b)
Communications. The purpose of this section is to promote the efficient transfer of information in sign messages by providing that:
(1)
Businesses and services may identify themselves;
(2)
Customers and other persons may locate a business or service; and
(3)
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose.
(c)
Landscape quality and preservation. A purpose of this chapter is to enhance the appearance and economic value of the landscape, by providing signs that:
(1)
Do not interfere with scenic views;
(2)
Do not create a nuisance to persons using the public rights-of-way;
(3)
Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement;
(4)
Are not detrimental to land or property value;
(5)
Contribute to the special character of particular areas or districts within the city, helping the observer to understand the city and orient oneself within it; and
(6)
Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth.
(d)
General provisions. All signs erected or maintained pursuant to the provisions of this chapter shall be erected and maintained in compliance with all applicable federal, state, and local laws and regulations, the building code, electrical code and other applicable ordinances of the city. In the event of conflict between this chapter and other laws, the most restrictive standard applies.
(e)
General policy. No person, firm or corporation shall erect, construct, affix, paint, change copy, alter or relocate any sign, without first having obtained a sign permit issued by the city. A separate permit shall be required for each sign; or, in the case where a signage plan has been approved, a single permit may be issued for all signs indicated by the plan.
(Ord. No. 2021-04, § 1, 2-9-21)
Sec. 21-2. - Definitions.#
For the purpose of this Code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter or as specified in the building code. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. Words in the singular include the plural and the plural the singular.
Abandoned sign. An on or off-premises sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on or off the premises where the sign is displayed.
Approved plastic materials. See "Plastic materials, approved."
Billboard. Any outdoor advertising sign, display, light, device, figure, painting, drawing, message, plaque, placard, poster, billboard, logo or symbol or other thing which is designed, intended, or used to advertise or inform, if any part of the advertising or information contents are visible from the main-traveled way of a regulated highway or any public right-of-way. (V.T.C.A. Transportation Code ch. 394)
Building code. The 2003 International Building Code promulgated by the International Code Council.
Building official. The officer or other designated authority charged with the administration and enforcement of the building code.
City-owned property. Real property for which the city, or any sub-corporation of the city, is the title owner.
Combination sign. A sign incorporating any combination of the features of pole, projecting and roof signs.
Curb line. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the building official. See "Legal setback line."
Display surface. The area made available by the sign structure for the purpose of displaying the advertising message.
Directional sign. Any sign which serves solely to designate the location or direction of any place or area.
Electric sign. Any sign where electrical wiring and/or lighting is incorporated into the sign or sign structure.
Fin sign. A sign that is supported wholly by a one-story building of an open-air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure.
Ground sign. A billboard or similar type of sign that is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign, fin sign or pole sign, as defined by this section.
ICC standards. Those standards published in the adopted 2003 International Building Code, promulgated by the International Code Council, as adopted by this jurisdiction.
Legal setback line. A line established by ordinance beyond which a building may not be built. A legal setback line may be a property line.
Marquee. A permanent roofed structure attached to and supported by the building and projecting over public property.
Noncombustible. As applied to building construction material means a material which, in the form is which it is used, is either one of the following: (1)
Material of which no part will ignite and burn when subjected to fire.
(2)
Material having a structural base of noncombustible material as defined in subsection (1) above, with a surfacing material not over 12/8 inches thick which has a flame-spread rating of 50 or less.
Nonstructural trim. The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure.
Off-premises sign. A sign displaying advertising that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
On-premises sign. A sign identifying or advertising a business, person, or activity and installed and maintained on the same premises as the business, person or activity.
Plastic materials, approved. Those having a self-ignition temperature of 650°F or greater and a smoke-density rating not greater than 450 when tested in accordance with the adopted building code. Approved plastics shall be classified and shall meet the requirements for either CC1 or CC2 plastic.
Pole sign. A sign wholly supported by a sign structure in the ground.
Portable display surface. A display surface temporarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals.
Projecting sign. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
Projection. The distance by which a sign extends over public property or beyond the building line.
Roof sign. A sign erected upon or above a roof or parapet of a building or structure.
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.
Sign structure. Any structure that supports or is capable of supporting a sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building.
Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially build up or composed of parts joined together in some definite manner.
Temporary sign. Any sign, banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.
Wall sign. Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
(Ord. No. 2021-04, § 1, 2-9-21; Ord. No. 2022-27, § 2, 4-26-22)
Sec. 21-3. - Penalties.#
(a)
Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in chapter the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this chapter shall be punished by a fine of not less than $1.00 and not more than $500.00; except a second and subsequent offense under section 21-12 shall be punished by a fine of not less than $200.00 and not more than $500.00.
(b)
In addition to the criminal penalty prescribed in this section the city may bring a civil action, as necessary, to enjoin any threatened violation of this chapter for the protection of public health and safety.
(c)
The criminal penalty and civil remedies prescribed in this section are cumulative and not exclusive.
(Ord. No. 2022-27, § 3, 4-26-22)