The purpose of this article is to encourage the most appropriate use of signs, to promote the health, safety, and general welfare and to protect and enhance the attractiveness of the city.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-1)
For the purposes of this article, the following words and phrases shall have the meanings as set forth below. Where terms are not defined in this section and are defined in other sections of this article, such terms shall have the meanings as defined in those sections. Where terms are not defined this article, such terms shall have ordinarily accepted meanings such as the context implies.
A-frame sign
means a temporary sign made of two (2) panels of corrosion resistant material connected at the top by hinges or similar devices, also commonly referred to as a “sandwich board sign.”
Abandoned or obsolete sign
means a sign which depicts or refers to a product, business, service, activity, condition, or person which has changed in such a manner that the sign no longer correctly identifies or describes said entity, or which entity no longer exists at the location referred to in the sign, or which entity no longer exists in any way or at any place, or which is deserted, surrendered or forsaken, unused, given up, or relinquished with the intention of never resuming a right or interest therein.
Animated
means designed or programmed so as to seem alive and moving, employing visible moving parts, changing images, or changing colors.
Attached sign
means any sign attached to, applied on or supported by any part of a building.
Banner sign
means a temporary sign which is constructed of pliable materials such as canvas, fabric, vinyl, plastic or similar materials, with or without framework, which will withstand exposure to wind and rain without significant deterioration.
Billboard
means a sign, including the supporting structure, that advertises products or services not sold, manufactured or distributed on the premises on which the sign is located. The following additional definitions apply to billboards:
(1) 
Back-to-back sign
means a billboard consisting of two (2) sign faces oriented in opposite directions with not more than two (2) faces per sign facing.
(2) 
Double-faced sign
means a billboard with two (2) adjacent faces oriented in the same direction and not more than ten (10) feet apart at the nearest point between the two (2) faces.
(3) 
Embellishments
means any feature such as a cut-out, neon or plastic letters, clock, electric device, or an extension, which is added to a billboard.
(4) 
Facing
means the area or display surface of a billboard upon which advertising is affixed or painted and visible in one (1) direction at one (1) time.
(5) 
Freestanding sign
means a billboard erected on a freestanding framework supported and affixed by one (1) or more uprights or braces in or upon the ground.
(6) 
Multiple-faced sign
means a billboard comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least six (6) seconds continuously without movement, the duration of movement of sections between advertisements not exceeding two (2) seconds.
(7) 
V-type sign
means a sign structure which consists of two (2) sign facings placed at angles to each other, oriented in different directions and not exceeding ten (10) feet apart at the nearest point to each other.
Building
means any structure used or intended for supporting or sheltering any use or occupancy.
Building code
means the building code as adopted and amended in article 4.02.
Building official
means the chief building official of the city or authorized designee.
Cloud buster balloon
means any visible airtight inflatable apparatus that exceeds one (1) square foot in total area made of latex, Mylar, or other similar material that extends higher than thirty (30) feet into the sky by a cord, rope, string, wire, or other similar material.
Coordinated development sign
means a detached sign which identifies multiple uses located on one (1) or more contiguous lots within the same subdivision.
Detached sign
means a sign which is not supported by any portion of a building, and is independently supported by and anchored to the ground.
Dilapidated sign
means signs that do not meet the standards described in this article.
Downtown historic district
means all properties that are zoned in the downtown historical overlay district as established by Ordinance No. 2003-023 and subsequent revisions.
Electric sign
means any sign activated or illuminated by means of electrical energy.
Electrical code
means the electrical code as adopted and amended in article 4.02.
Electronic sign
means a sign that consists of lights, light emitting diodes (LED), or other form of illumination that displays a message or picture.
Government flag sign
means a flag or insignia of a governmental or fraternal, religious, civic or educational organization or institution which is not used in connection with a commercial promotion or to advertise a commercial product, service, business, activity, condition, or person.
Inflatable device sign (IDS)
means a sign manufactured of plastic, cloth, canvas, or other flexible or light fabric, inflated with air, secured to the ground, does not float, does not move freely in the wind, and does not exceed thirty (30) feet in height. A wind-device sign shall not be considered an IDS.
Major repair
means any repair of an existing sign, which through an act of God or other event (other than normal maintenance operations) has become damaged or out of repair in excess of sixty (60) percent of its replacement cost. Verification of the percentage of damage will be supplied by the applicant to the building official, and such verification shall include, as a minimum, two (2) estimates from two (2) different established sign contractors, stating the total value of the sign and the total value of all costs to repair the sign to its original state. If the applicant agrees that the repair exceeds sixty (60) percent of replacement cost, then the said estimates shall not be required.
Menu board
means a sign used to inform the public of the list of dishes, foods, or entrees available in a restaurant and may include the corresponding prices.
Movement control sign
means an on-site traffic-control sign which directs vehicular or pedestrian movement within or onto a premises.
Moving sign
means any sign, sign appendages, or apparatus designed or made to move by an electrical or mechanical device.
Nameplate
means any sign showing only the name and address of the owner or occupant of the premises on which it is erected.
NIT
means a measurement of light luminance equal to one (1) candela per square meter (cd/m2).
Nuisance sign.
Nuisance signs shall include, but not be limited to, the following:
(1) 
Signs containing statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency.
(2) 
Signs which imitate an official traffic sign or signal, or which contain the words “stop,” “go slow,” “caution,” “danger,” “warning,” or similar words.
(3) 
Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic-control device, which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street or road intersection.
(4) 
Signs which are moving, flashing, intermittently lighted, changing color, beacons, revolving, or similarly constructed, except as otherwise permitted in this article.
(5) 
Signs that are unsafe or unsecured, abandoned, or dilapidated.
Off-premises sign
means a sign, including the supporting structure, that advertises products or services not sold, manufactured or distributed on the premises on which the sign is located. The following shall not be considered off-premises signs:
(1) 
Directional or government signs authorized by law.
(2) 
Real estate signs.
(3) 
On-premises signs.
(4) 
Coordinated development signs as defined herein.
Political sign
means a temporary sign which refers only to the issues or candidates involved in a political election.
Protective sign
means any sign which is commonly associated with safeguarding the permitted uses of the occupancy.
Real estate sign
means any sign advertising property for sale, lease or rent.
Searchlight
means any apparatus capable of projecting a beam or beams of light.
Sign
means any writing, letter, word, numeral, pictorial representation, emblem, symbol, trademark, object, design, or other identification which is designed or intended to identify, advertise, announce, or inform. The term “sign” shall not include:
(1) 
Works of art which in no way identify a product or business and which are not displayed in conjunction with a numerical for-profit enterprise.
(2) 
Temporary decorations or displays directly incidental to and customarily and commonly associated with national, regional, or local holiday celebrations.
(3) 
Traffic and other official signs and devices of any public or governmental agency.
Sign area
means the area enclosed by one (1) or more geometric shapes which fully contains all extremities of the sign, exclusive of its supports. The measurement is to be calculated from the viewpoint which gives the largest sign area as the viewpoint is rotated horizontally around the sign. Sign area shall include all lettering, wording, logos, design, symbols, framing, roofing, and cabinets or modules.
Sign height
means, unless otherwise provided in this article, the overall height of a detached sign or sign structure as measured at the average grade of the property located within the front setback, prior to the addition of artificial grade increases such as berms, retaining walls, or elevated landscape beds.
Sky sign
means any sign or billboard supported or attached wholly or in part over or above any wall, building or structure.
Temporary or portable sign
means any sign that is not permanently attached to the ground or to a building, or that is not designed to be permanently attached to the ground or building, including but not limited to torpedo signs, A-frame signs, inflatable device signs, wind-driven signs, real estate signs, temporary directional signs, promotional posters, banners, and political signs as herein defined.
Torpedo sign
means signs that are of the portable type that can be moved from location to location, usually exhibiting flashing lights or changeable messages.
Vehicular sign
means a sign attached to or painted on a vehicle that identifies a vehicle used for a particular business; however, not when the primary use of the vehicle is that of a sign.
Wind device sign
means a flag, banner, pennant, streamer, inflatable balloon, or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, fastened in such a manner as to move upon being subject to pressure by wind or breeze and used as a temporary sign. Government flag signs shall not be considered wind device signs.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-2)
(a) 
No sign shall be erected or placed within, or project over, any public sidewalk, street, alley, right-of-way, or other public place except as permitted in division 2 of this article.
(b) 
No sign erected above the second story of any building shall extend beyond the walls of the building more than two (2) feet, or be so spaced as to obstruct any window or means of exit above the second floor of the building.
(c) 
No sign having a height greater than three (3) feet above the level of the center of the nearest abutting street shall be permitted on or in that portion of any corner lot which is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points twenty (20) feet from the street corner intersection of the property lines. The city engineer may require additional sight distances to be maintained where specific conditions render such provisions necessary to provide for the public health and safety.
(d) 
No sign of any kind shall be placed in such a manner as to obstruct any fire escape, door, window, or other passageway leading to a fire escape or to a street exit, nor shall the sign be fastened in any manner to a fire escape.
(e) 
Sky signs are prohibited except as provided in division 2 of this article.
(f) 
Except as permitted in division 2 of this article and article 5.06 (Special Events), no sign shall suspend or project over or across any street, alley or other public space or portion thereof for any purpose whatsoever.
(g) 
Abandoned or obsolete signs as defined in this article are prohibited. Such signs shall be removed in accordance with the provisions of section 4.10.010.
(h) 
No sign shall be placed or maintained in such a manner as to constitute a nuisance as that term is defined herein.
(i) 
Temporary or portable signs, except as permitted in section 4.10.005, are prohibited.
(j) 
Torpedo signs shall be prohibited, except as permitted in section 4.10.005.
(k) 
No person shall attach or maintain any sign upon any tree, shrub, fence post, public utility pole, traffic-control device, or public building.
(l) 
No person shall place, attach, or maintain any sign on vacant lots or abandoned buildings. However, on-premises real estate signs shall be permitted.
(m) 
No person shall place or maintain any off-premises sign other than a billboard as regulated herein.
(n) 
No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted.
(o) 
Signs attached to or upon any vehicle, including a trailer, when the primary use of said vehicle is to provide a base for such sign or constitute the sign itself, are prohibited.
(p) 
Any sign not specifically allowed under this article is hereby prohibited.
(q) 
No sign shall be erected or placed within twenty (20) feet of any residence or be so placed as to obstruct the lighting of any street, alley or public space, or interfere with any public utility service.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-3)
(a) 
Attached signs.
(1) 
Attached signs shall not extend above the roofline of the building or more than twelve (12) inches from the building wall. Where the building fascia is not vertical, the bottom of such sign shall not project more than twelve (12) inches from the fascia and the sign can be oriented in a vertical manner.
(2) 
The sign area of attached signs shall be limited to one and one-half (1-1/2) square feet per linear foot of the building fascia upon which the same is placed, or thirty-two (32) square feet, whichever is greater. If the lot on which the building is located has multiple right-of-way frontages, each building fascia with street frontage shall be counted for purposes of determining attached sign area. Said signage shall be distributed on the sides of the building where facing directly adjacent to the public right-of-way. Attached signs are allowed on sides of the building not adjacent to the public right-of-way not to exceed thirty-two (32) square feet in sign area.
(3) 
For a multi-use building such as a shopping center, office center, or industrial center, the total sign area of attached signs shall be calculated on the leased or occupied fascia length. The sign area for such attached signs shall be limited to one and one-half (1-1/2) square feet per linear foot of the leased or occupied fascia length.
(4) 
Additional signage is permitted on windows, provided that not more than 30 percent of the transparent area of the windows is occupied at one time.
(b) 
Detached signs.
(1) 
No detached sign shall be closer than six (6) feet to any building or property line, or closer than fifteen (15) feet to any curb line.
(2) 
The sign area of detached signs shall be limited to one and one-half (1-1/2) square feet per front foot of property upon which the same is placed. If the property on which the sign is located has multiple right-of-way frontages, each street frontage shall be counted for purposes of determining detached sign area. A property shall be permitted more than one (1) detached sign, provided no sign shall exceed three hundred (300) square feet in sign area. Signs on the same property or coordinated development shall be a minimum of one hundred (100) feet apart.
(3) 
Detached signs shall not exceed thirty (30) feet in height above the highest adjacent roadway surface.
(4) 
The total sign area of a coordinated development sign shall be calculated on the combined street frontages of the lots.
(5) 
Torpedo signs shall not be used as or converted to permanent signs.
(c) 
Electronic signs.
(1) 
An electronic sign that meets all other requirements of this article, and other regulations of the city, may be located in a nonresidential zoning district and on school or church property in any zoning district, subject to the this section.
(2) 
No electronic sign shall be illuminated to an intensity which causes glare or brightness to a degree that could constitute a hazard or nuisance to a motor vehicle operator on a public roadway. Electronic signs shall be programmed or equipped so that the intensity of its display shall automatically adjust according to natural ambient light conditions. The maximum nighttime luminance level shall not exceed seven hundred fifty (750) cd/m2 (NITs).
(3) 
The message or picture conveyed by an electronic sign shall not blink, flash, or be animated; the message or picture conveyed shall not change more frequently than once every eight (8) seconds; and a change of message must occur simultaneous on the entire sign face. The transition time between messages shall not exceed three (3) seconds.
(4) 
All electronic sign faces shall be limited to a maximum sign area and a maximum sign height as provided for other permanent signs in this section.
(5) 
Electronic signs are prohibited in historic districts and shall not face or be located within one hundred fifty (150) feet of an existing residence, residentially zoned district, or historic district.
(6) 
All power to an electronic sign shall be supplied underground and shall be installed in accordance with the electrical code.
(d) 
Planned development districts.
If a property is located within a planned development district, all signs on such property may be reviewed and approved in accordance with the zoning ordinance as part of the planned development ordinance and shall not be limited in the total sign area and sign height provided in this section. Signs not reviewed and approved as part of a planned development ordinance shall comply with this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-4)
Temporary signs shall be permitted subject to the following guidelines:
(1) 
General standards.
(A) 
A temporary or portable sign shall not be used in place of, or converted to, a permanently installed sign.
(B) 
Banners with a total sign area no larger than fifty (50) square feet are permitted for a maximum time period of thirty (30) consecutive days up to five (5) times per calendar year per business. Other temporary sign types are permitted for a maximum time period of thirty (30) consecutive days up to two (2) times per calendar year per business. Not more than one (1) cloud buster balloon shall be allowed on any premises.
(C) 
A construction site for which a building permit or other approval has been obtained shall be permitted one (1) temporary construction sign per street frontage. Such signs shall be limited to a maximum sign area of thirty-two (32) square feet, and a maximum sign height of eight (8) feet. Temporary construction signs shall be removed upon issuance of a certificate of occupancy.
(D) 
A development project containing two (2) or more lots for which a plat or other development approval has been obtained shall be permitted one (1) temporary development sign. For developments less than five (5) acres, one (1) development sign not exceeding thirty-two (32) square feet in sign area and eight (8) feet in sign height shall be permitted. For developments five (5) or more acres, one (1) development sign not exceeding two hundred (200) square feet in sign area and fifteen (15) feet in sign height shall be permitted. Temporary development signs shall be removed upon substantial completion of the development.
(E) 
Temporary signs shall not be located within or obstruct required off-street parking, fire lanes, driveways, or areas which create a safety hazard to vehicular or pedestrian traffic.
(F) 
Temporary signs shall be maintained in a good state of repair and shall not be allowed to become dilapidated, faded, weatherworn, unsightly or deteriorated.
(2) 
Grand-opening signs or banners.
A grand-opening sign or banner shall be allowed in addition to other allowable signage for a maximum time period of thirty (30) consecutive days upon issuance of a certificate of occupancy. A permit shall be obtained for such signage, but no fee shall be applicable. Such signage shall not exceed fifty (50) square feet in sign area.
(3) 
Banners and wind device signs on poles.
Banners and wind device signs are permitted on light standards and poles. Such signage shall not exceed thirty (30) square feet in sign area per light standard or pole and shall not be strung or affixed in any manner other than from brackets on single poles. Light standards, poles and brackets shall be listed or otherwise designed and approved to support such wind device signs.
(4) 
New business location sign.
For businesses which relocate, a sign notifying the public of a new business location shall be permitted at the old business location for a period not to exceed ninety (90) days. Such sign shall not exceed thirty-two (32) square feet in sign area.
(5) 
A-frame signs.
A-frame signs are permitted in the downtown historic district in accordance with division 2 of this article, and within nonresidential areas, planned developments, or in neighborhood service zoning in accordance with this section.
(A) 
A-frame signs must be located a minimum of three (3) feet from any curb of any adjacent street, must be placed on a sidewalk or adjacent to a sidewalk, must provide an unobstructed pedestrian clearance of at least four (4) feet in width, shall not be placed in any manner to interfere with vehicular traffic or cause a hazard, shall not be placed in any median, and shall not be placed within a utility or right-of-way easement.
(B) 
The maximum sign area of an A-frame sign is twelve (12) square feet per side or twenty-four (24) square feet total. The maximum sign height of an A-frame sign shall be four (4) feet and the maximum width is three (3) feet. An A-frame sign shall not be closer than twenty (20) feet to another A-frame sign. A maximum of one (1) A-frame sign may be placed per business or tenant on the property where the A-frame sign is located.
(6) 
Signs on structures at building site.
Temporary structures, trailers, fences, and barricades placed around excavations or used during building operations, whether on public or private property, may be used for advertising purposes, so long as their use does not become a public nuisance.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-5)
(a) 
Where allowed.
(1) 
Billboards shall be permitted in areas zoned Light Industrial (LI) and Heavy Industrial (HI). A request for a zoning change shall not be accepted solely for the purpose of installing a billboard. No billboard shall be permitted in areas zoned as scenic or historic overlay.
(2) 
Billboards shall only be permitted on a building site, building tract, or building lot created in accordance with the zoning ordinance.
(b) 
Permit, registration and inspection required.
(1) 
No billboard shall be constructed, relocated or altered except in accordance with this article. A permit shall be required in accordance with section 4.10.081 before any billboard is constructed, relocated, or altered.
(2) 
All new and existing billboards shall be registered annually, upon change of ownership, and after relocation or alteration. Fees for such registration shall be in accordance with section 4.10.084. Billboards for which a current outdoor advertising sign permit has been issued by the state department of transportation be shall registered as required herein, but shall not be subject to an annual registration fee.
(3) 
Billboards shall be maintained in accordance with section 4.10.010 and shall be inspected by the building official annually, upon change of ownership, and as provided in section 4.10.009.
(c) 
General provisions.
(1) 
Billboards shall be designed by a state registered professional engineer and constructed in accordance with section 4.10.009.
(2) 
Billboards shall be maintained in accordance with section 4.10.010(e).
(3) 
No billboard shall be located on a property without the written consent of the property’s owner or legal representative.
(4) 
The general area in the vicinity of any billboard shall be kept free and clear of sign materials, debris, trash, and refuse.
(d) 
Location of billboards.
(1) 
No billboard shall be permitted on any property that is located inside Loop 286.
(2) 
No billboard shall be permitted within two thousand (2,000) feet of another billboard. This distance shall be measured from the closest supporting pole of the existing billboard to the closest supporting pole of the proposed billboard.
(3) 
No billboard shall be erected or placed within, or project over, any public sidewalk, street, alley, right-of-way, or other public place.
(4) 
No billboard shall be placed closer than ten (10) feet to any electrical line, measured from any part that is attached to the billboard.
(5) 
Except as provided herein, billboards shall not be placed within five hundred (500) feet of other permanent signs.
(6) 
Billboards shall be located a minimum distance from any property line, building or structure equal to the overall height of the billboard.
(7) 
No part of a billboard shall be located closer than one thousand (1,000) feet to any property zoned or used for residential purposes, nor closer than three hundred (300) feet to any hotel, motel, nursing home, or other property used for sleeping or lodging purposes.
(8) 
No portion of a billboard shall be located closer than fifteen (15) feet to the right-of-way for existing streets or highways, or those projected in the city’s thoroughfare plan.
(e) 
Height and size limitations.
(1) 
A billboard shall maintain a minimum clearance of ten (10) feet measured from the ground level at the base of the sign to the bottom of the sign face.
(2) 
Billboards shall be permitted to be back-to-back, double-faced, V-type, or multiple-faced with not more than two (2) signs per facing. The maximum sign area of each facing shall not exceed three hundred (300) square feet.
(3) 
No billboard shall be installed, the total height of which is greater than fifty (50) feet above the level of the street or road upon which the sign faces, or above the natural ground level, if such ground level is above the street or road level.
(4) 
The maximum sign area of a billboard shall not include the base or apron, trim supports, and other structural elements. Temporary embellishments shall not exceed twenty (20) percent of the maximum sign area allowed.
(f) 
Lighting.
Illuminated billboards shall be in accordance with section 4.10.009.
(g) 
Electronic billboards.
Billboards that are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except as permitted in section 4.10.004(c).
(h) 
Nonconforming structures.
Nonconforming billboards shall be subject to the provisions of section 4.10.010.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-6)
(a) 
Required; fee.
No person shall install, erect, or maintain any sign, nor contract for such service, until such person has applied to the building official for a license to install, erect, and maintain signs, and until such license has been approved and issued. The fee for such license shall be as set forth in the fee schedule in appendix A of this code.
(b) 
Cancellation.
The license of any sign contractor may be cancelled by the city council, upon the recommendation of the building official, when such contractor persistently violates the requirements of this article. Conviction, whether appealed or not, of three (3) such violations over a period of two (2) calendar years shall constitute evidence of persistent violation. Any license thus cancelled shall not be renewed for such contractor or anyone operating his shop until all such violations have been corrected. Upon correction of the violations, the contractor’s license may be renewed upon furnishing liability insurance as required by section 4.10.008.
(c) 
Installation of sign by owner.
Signs, except off-premises signs, may be installed by a property owner or business owner, which advertise the business, profession or product manufactured or sold on the same premises, without a sign contractor’s license or liability insurance, but all other provisions of this article shall be complied with including the requirement that a sign permit be obtained.
(d) 
Electric signs.
Installation, repair, or maintenance of electrical devices and wiring for electric signs shall be installed by a state-licensed electric contractor or a state-licensed electrical sign contractor registered with the city.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-7; Ordinance adopting 2021 Code)
All sign contractors shall provide to the building official a copy of their general liability policy or a valid certificate of insurance. The insurance policy or certificate of insurance shall:
(1) 
Be written by an insurer authorized to write commercial liability policies in the state or an eligible surplus lines insurer, as defined by V.T.C.A., Insurance Code section 981.002;
(2) 
Provide for commercial general liability insurance for the sign contractor for a claim for property damage or bodily injury, regardless of whether the claim arises from negligence or on a contract; and
(3) 
Provide coverage of not less than three hundred thousand dollars ($300,000.00) per occurrence and five hundred thousand dollars ($500,000.00) aggregate.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-8)
(a) 
All signs and sign structures shall be designed, constructed, and inspected in accordance with this section.
(b) 
Signs and sign structures shall be designed and constructed to comply with the provisions of the building code for use of materials, loads and stresses to withstand a wind pressure of thirty (30) pounds per square [foot].
(c) 
Electrical devices and wiring shall be installed in accordance with the requirements of the electrical code. No open spark or flame shall be used for any purpose. All power to detached signs shall be supplied underground. No sign electrical system shall be energized until inspected and approved by the building official.
(d) 
Additionally, illuminated signs shall comply with the following provisions:
(1) 
Any light used for the illumination of a sign shall be shielded so that the beams or rays of light shine directly onto the sign and not into surrounding areas.
(2) 
Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares.
(e) 
It shall be the duty of the holder of the permit or their duly authorized agent to notify the building official when work is ready for inspection and to provide access to and means for inspections of such work that are required by this code.
(f) 
Any portions that do not comply with this article shall be corrected and shall not be covered or concealed until authorized by the building official. Signs and sign structures which have not been inspected and approved by the building official shall be considered nuisance signs as defined in this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-9)
(a) 
Nonconforming signs.
(1) 
Legal signs existing prior to the effective date of the ordinance from which this article is derived which do not conform to the provisions of this article shall be regarded as nonconforming signs which may continue to exist until the sign, or a substantial part of it, is blown down or otherwise destroyed, dismantled, or substantially altered for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign. Nonconforming signs which are structurally altered, relocated, or replaced at the owner’s choice shall comply with all provisions of this article.
(2) 
Any nonconforming sign which has been damaged by fire, wind, or other cause in excess of sixty (60) percent of its replacement cost shall not be restored except in conformance with the provisions of this article.
(3) 
If the city council deems it appropriate to require the relocation, reconstruction, or removal of a sign within the city limits or the extraterritorial jurisdiction, then it shall comply with the procedures set forth in V.T.C.A., Local Government Code chapter 216, subchapter A.
(b) 
Abandoned or obsolete signs.
(1) 
Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold at said premises shall be removed by the owner, agent, or person having the beneficial use of the building or structure upon which the sign may be found or associated within twelve (12) months after the said business has been closed; provided, however, if the premises containing the sign are leased, such sign shall be removed within twenty-four (24) months after the most recent tenant ceases to operate on the premises.
(2) 
The poles or supports for out-of-business signs may be left in place as long as the poles/supports do not violate safety or electrical codes and as long as the building official determines that the poles or supports can be utilized by the next owner, agent, or person occupying the building. If the sign pole or support is in the right-of-way or is a nonconforming sign structure, it must be completely removed.
(3) 
Except as provided in subsection (b)(2), all signs, cabinets, and parts to the abandoned or obsolete sign shall be removed from the premises and disposed of. If the abandoned or obsolete sign or sign parts are not removed within the time frames stated herein, the building official is hereby authorized to cause removal of such sign, sign parts, and sign pole or supports. The building official shall send notice of this action to the owner, and if the owner fails to respond within fourteen (14) days, the building official shall be authorized to have the sign removed. All expenses incidental to this sign removal shall be paid by the owner of the land, building, or structure to which the sign is attached or upon which it is erected.
(c) 
Removal of unlawful signs.
The following signs shall be considered a public nuisance and are prohibited and, upon written notification by the building official, shall be removed from the premises. Said notification shall state that if the sign is not removed within the same day or next working day if received on a weekend day of said notification, a citation may be issued. The following signs shall be governed hereby:
(1) 
Any sign erected without a required permit, either prior to or after the adoption of this article.
(2) 
Any sign erected in violation of the provisions of this article.
(3) 
Any sign erected in or over a public right-of-way, either prior to or after the adoption of this article, except as provided in division 2 of this article. Such signs may be removed and disposed of as specified in this section.
(d) 
Removal of hazardous signs.
The following signs are a public hazard and can be removed without notice by the building official:
(1) 
Any sign erected or existing that constitutes a traffic hazard.
(2) 
Any sign which is dangerous due to being electrically or structurally defective.
(3) 
Any sign placed within a public right-of-way or on city-owned property in violation of this article.
(e) 
Maintenance of existing signs.
Any person having an interest in a sign for which a permit is issued under this article shall maintain all parts and sign supports of the sign covered by such permit in good condition to prevent deterioration, oxidation, rust, and other unsightly conditions. Additionally, the following provisions shall apply to the maintenance of existing signs:
(1) 
There shall be no permit required to restore/repair a sign to its original condition. However, major repair of an existing sign requires a permit.
(2) 
Every sign in the city, regardless of whether any permit is required for such sign, shall be maintained in a safe, presentable, and sound structural and operational condition at all times. Signs not meeting the standards of good repair shall be subject to repair after written notification by the building official to the sign owner or lessee. If the sign owner or lessee cannot be notified, the property owner will be notified. If, in the opinion of the building official, a sign has been damaged or is found to be in such a state of disrepair that it constitutes a hazard to the health, safety, and welfare of the general public and would require a major repair as defined herein, the sign may be removed without prior notice to the owner or lessee. If such order is not complied with within ten (10) days, the building official may remove such sign at the expense of the owner or lessee.
(3) 
All signs, together with all sign supports, braces, guys, and anchors, shall be kept in repair and, unless of galvanized or corrosive-resistant metal, shall be thoroughly painted as often as needed to maintain a neat appearance, meaning lettering or other items are not faded or worn and can clearly be read by the traveling public.
(f) 
Recovery of impounded signs.
Impounded signs may be recovered by the owner within fifteen (15) days after written notification of impoundment by paying a fee as set forth in the fee schedule in appendix A of this code.
(g) 
Disposal of impounded signs.
Signs not recovered within fifteen (15) days after written notification may be disposed of by the building official in any lawful manner. Unlawful signs removed from public property, including public rights-of-way, park property, or other city-maintained areas, may be immediately disposed of by the building official in any lawful manner.
(h) 
Replacement after street construction or other projects.
Nonconforming on-premises signs required to be removed by property owners as a result of street repairs, utility projects, or other right-of-way construction shall be permitted to be relocated on the site to a location approved by the building official. Off-premises signs, except billboards, required to be removed by property owners as a result of street repairs, utility projects, or other right-of-way construction shall not be replaced. Billboards shall be permitted to be reconstructed in accordance with this article.
(Ordinance 2014-002, sec. 2, adopted 1/27/14; 1988 Code, sec. 28-10; Ordinance adopting 2021 Code)