§ 154.084 SPECIAL SIGN TYPES.
   (A)   Message board signs. Message board signs are allowed by SUP in any zoning district subject to the following restrictions:
      (1)   Message board signs shall only be used on the premises of, and in conjunction with, an educational, religious, governmental or other not-for-profit use for which a valid certificate of occupancy has been issued;
      (2)   Message board signs shall only be located on a lot which is adjacent to a state road or highway, and the sign must be placed adjacent to such road or highway;
      (3)   Message board signs shall not name, display a logo, photograph or likeness of, or otherwise in any form advertise any for-profit business or product;
      (4)   Message board signs shall not exceed 50 square feet in size;
      (5)   Message board signs shall be set back a minimum of 10 feet from any property line which fronts a state road or highway and a minimum of 50 feet from any property line adjoining another property;
      (6)   A message board sign must be a monument sign; however, a message board sign may exceed the city’s monument sign height restrictions and/or may have the base width reduced if approved as a condition of the SUP;
      (7)   Message board signs shall be considered as the primary freestanding sign and may not be placed in addition to any existing freestanding sign;
      (8)   Any change of pictures or information on the message board sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation;
      (9)   Any change of pictures or information on the message board sign shall not change more often than once each 3 seconds for those portions of the sign which convey time or temperature, or once each 20 seconds for all other portions of the sign;
      (10)   Each application for a message board sign must be accompanied with a certificate of approval of such sign from the Texas Department of Transportation in accordance with state law;
      (11)   The determination of a health or safety hazard caused by a lighted sign or a message board sign shall be made by the Chief Building Official for the city and shall be controlling;
      (12)   Any electrical wiring required for a sign to be lighted shall meet the electrical code of the city as determined by the Chief Building Official or a designated representative;
      (13)   No lighted sign or message board sign shall have a luminance of greater than 300 fool-candles, nor shall any such sign have a luminance greater than 200 foot-candles for any portion of the sign within a circle 2 feet in diameter. The restriction of luminance in this section shall be determined from any other premises or from any public right-of-way. If a message board sign constitutes a distraction to traffic based on evidence or complaints, the Chief Building Official shall review if the sign shall be dimmed or otherwise altered and provide for appropriate remedy.
   (B)   Portable or moveable signs.
      (1)   Determination by the Building Official or his or her designated representative as to whether any sign is portable or moveable shall be controlling. It is expressly provided that such signs are prohibited in any zoning district or within any right-of-way or city easement within the city.
      (2)   Exception. The City of Ferris is exempt from this division (B).
   (C)   Vehicular signs.
      (1)   It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for bona fide transportation activity.
      (2)   A sign attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, a period of time in excess of 3 business days. Specifically, where the intent is apparent to be 1 of using the vehicle and signs for purposes of advertising an establishment, service or product. Government vehicles and vehicles operating under a city franchise shall be excluded from this provision.
      (3)   Signs placed on or affixed to vehicles and or trailers which are parked on public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property are prohibited.
   (D)   Grand opening. Grand opening events may utilize inflatable objects, pennants, flags and banner signs for a period not to exceed 30 days. Grand opening events are limited to the first 90 days after a certificate of occupancy has been issued. No searchlights or flashing type lights are allowed and are strictly prohibited during these events. A sign permit is required.
   (E)   Billboards relocated from Original Town Square Overlay District. Any billboard located in the Original Town Square Overlay District may be relocated to any zoning district (a “relocated billboard”), through the city’s special use permit (“SUP”) process and subject to each of the following restrictions:
      (1)   A relocated billboard shall be of new construction and may be either static or digital.
      (2)   The Planning and Zoning Commission may recommend, and the City Council may reasonably require, appropriate landscaping within 10 feet of the sign. The City Council shall not require landscaping that renders the construction of the sign financially or practically unfeasible.
      (3)   The Planning and Zoning Commission may recommend, and the City Council may reasonably require, appropriate aesthetic design features, such as a facade around the sign base, which do not interfere with the stability or integrity of the sign and structure. The City Council shall not require aesthetic design features that render the construction of the sign financially or practically unfeasible.
      (4)   Before construction may begin, a permit for a relocated billboard must be issued by the Texas Department of Transportation approving the location, type, and size allowed by the SUP granted for the sign.
      (5)   A relocated billboard shall only be located on a lot which is adjacent to the Interstate 45 frontage road, and it must be placed adjacent to such roadway or highway.
      (6)   Any change of pictures or information on the relocated billboard shall not produce the illusion of moving objects, expanding or contracting shapes, rotation, or any similar effect of animation.
      (7)   Any change of pictures or information on the relocated billboard shall not change more often than allowed by regulations promulgated by the Texas Department of Transportation.
      (8)   The determination of whether or not a health or safety hazard is caused or created by a lighted relocated billboard shall be made by the Chief Building Official or the city and shall be controlling.
      (9)   Any electrical wiring required for a relocated billboard to be lighted shall meet the electrical code of the city as determined by the Chief Building Official or a designated representative.
      (10)   No lighted relocated billboard shall have a luminance of greater than 300 foot-candles, nor shall any such sign have a luminance greater than 200 foot-candles for any portion of the sign within a circle 2 feet in diameter. The restriction of luminance in this division (E)(10) shall be determined from any other premises or from any public right-of-way. If a relocated billboard constitutes a distraction to traffic based on evidence of complaints, the Chief Building Official shall review if the sign shall be dimmed or otherwise altered and provide for an appropriate remedy.
(Ord. O-12-743, passed 12-3-2012; Am. Ord. O-14-764, passed 8-4-2014; Am. Ord. O-15-791, passed 6-1-2015)