(A) Message neutrality policy. It is the policy of the city to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate speech by message content.
(B) Message substitution policy. Subject to the private property owner's consent, a constitutionally protected noncommercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message or content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. Message substitution is a continuing right which may be exercised any number of times. The message substitution right does not: 1) create a right to increase the total amount of sign display area on a site or parcel; 2) create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message; 3) affect the requirement that a sign structure or mounting device must be properly permitted; 4) authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or 5) authorize a physical change to the sign structure without compliance with this chapter or applicable building codes, safety codes, and applicable rules for sign size, height, orientation, setback, separation, or illumination.
(C) Enforcement authority. The City Building Official is authorized and directed to administer and enforce this chapter.
(D) Administrative interpretations. Interpretations of this chapter are to be made initially by the Building Official in consultation with the City Attorney. All interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, as adopted by the city, the Building Official shall approve or disapprove the application based on the most similar sign type that is legal under the current code, using physical and structural similarity, that is expressly regulated by this chapter. Appeal to the City Council over denial of an application may be taken, as provided in § 156.10 of these regulations.
(E) Responsibility for compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession, and control of the property whereon a sign is located, mounted, or installed.
(F) On-premise/off-premise distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial messages. It does not apply to non-commercial messages.
(G) Billboards. New billboards are prohibited. Existing legal non-conforming billboards may not be converted to digital display.
(H) Promotion of sign space. It is the intent of this chapter to support signs that are architecturally enclosed. Placement of a sign within an architectural enclosure best accomplishes the public health, safety, and welfare issues established above.
(I) Regulation through sign districts. Sensitivity to signs and the impact of signs upon public use of the public way will vary depending on the type of street, the dominant land use, and the significance of the location as corridor, node, or other area of special focus. Therefore regulation of signs in the city will be specific to sign districts that capture these key differences. Sign districts are based upon land use zones as established by the Cleburne Comprehensive Plan adopted in 2014.
(Ord. 01-2016-07, passed 1-26-16)