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(A) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS). Any 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.
DIRECTIONAL SIGN. Any sign designed to provide directions to an off-premise location.
FREESTANDING SIGN. A sign supported solely by posts or structures other than a building.
GROUND SIGN. Any sign that is supported by one monolithic structure that is not less in width than one-half the maximum sign height, set upon the ground and is not part of a building, including ground signs that advertise for more than one occupancy on the premises (multiple tenants).
MARQUEE OR CHANGE-PANEL SIGN. A sign specifically designed for periodic changes in its advertising message; for example, a theater marquee. All marquee signs shall contain a mechanism to prevent tampering with or removal of changeable lettering by individuals or weather-related events.
OFF-PREMISES SIGN. A sign that identifies or advertises a business, person, activity, goods, products or services not located, sold or offered for sale 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.
ON-PREMISES SIGN. Any sign identifying or advertising a business, person, activity, goods, products or services located, sold or offered for sale on the premises where the sign is installed and maintained, or that directs persons to a location on the premises where the sign is installed and maintained.
PERMANENT SIGN. One that remains in place for a period exceeding 15 calendar days.
PORTABLE SIGN. Any sign designed or constructed to be moved easily from one location to another, including A-frame signs and signs mounted upon or designed to be mounted upon a trailer, wheeled carrier or other non-motorized mobile structure. A sign located on a motor vehicle is a portable sign if the vehicle remains parked in the same place for less than 24 hours.
SIGN. Any outdoor display, design, pictorial or other representation that is so constructed, placed, attached, painted, erected, fastened or manufactured in any manner so that the same shall be used for advertising or the visual dissemination of any information, symbol or picture in any manner whatsoever, whether temporary or permanent.
TEMPORARY SIGN. Any sign that remains in place for a period not exceeding 15 calendar days.
WALL SIGN. Any permanent sign that is placed on the wall (front, side or rear) of a building, or any part thereof, whether such sign is separate and mounted on the wall or is painted, drawn or written on the wall.
(B) Prohibited acts. No person, firm or corporation shall erect or cause to be erected, within the corporate limits of the city:
(1) An off-premise sign;
(2) An on-premise freestanding sign, the bottom of which is not less than 16 feet above the ground and the top of which extends no more than 35 feet above the ground;
(3) Any sign, whether on-premise or off-premise, which exceeds 66 square feet in area;
(4) A temporary sign, whether on-premise or off-premise;
(5) A portable sign, whether on-premise or off-premise, except as provided in division (G);
(6) A political sign, whether on-premise or off-premise, unless all requirements of state law for such sign are met;
(7) A sign located in the right-of-way of any road or highway subject to state control, unless all state requirements for such sign are met;
(8) A sign located in the right-of-way of any street or alley subject to city control;
(9) A sign displaying or advertising any matter regulated by Ch. 123, except in the zoning district and manner permitted by such chapter;
(10) A permanent sign for which a building permit has not been issued by the building official;
(11) A permanent sign for which an engineer's windload certificate has been required by but has not been filed with the building official; or,
(12) A ground sign which obstructs the view of traffic and pedestrians by persons operating a vehicle traveling on intersecting streets and entering and exiting private property.
(13) Changeable electronic variable message sign (CEVMS), whether on-premises or off- premises.
(C) Any freestanding sign erected prior to the effective date of the ordinance adopting this section shall only be removed in the manner provided by TEX. LOCAL GOV’T CODE, Chapter 216, Subchapter A.
(D) No person, firm or corporation shall enlarge or otherwise modify in a manner which results in a different sign:
(1) Any off-premises freestanding sign; or,
(2) An on-premises freestanding sign exceeding the dimensions specified in (B) (3) above, which in either case, was in place on the date of the adoption of the ordinance adding this division to this section.
(E) Division (B) of this section shall not apply to the following signs:
(1) A directional sign of a church located on city right-of-way which does not exceed four square feet;
(2) A temporary sign advertising an event by or for a non-profit organization recognized as exempt from income tax by the Internal Revenue Service under § 501(c) of the Internal Revenue Code;
(3) A marquee sign, operated by and located on city right-of-way, advertising events occurring in the city;
(4) A school spirit sign for the duration of the applicable season or school term; and,
(5) A garage sale sign located on the premises where the sale is being conducted, but only for the duration of such sale.
(F) Sections 113.07 and 113.08 of this chapter, including all applicable definitions, shall, pursuant to the authority of Chapter 216.902 TEX. LOCAL GOV’T CODE apply to property located within the extraterritorial jurisdiction of the city as if such property were located within the incorporated limits of the city.
(G) On-premises portable signs located on any premises on the date of the ordinance adding this division to § 113.07 may remain on such premises if anchored in a manner approved by the Building Official, but such signs may not be replaced and shall be removed if the ownership of the business being advertised changes.
(Ord. 2004-2055, passed 7-19-04; Am. Ord. 2004-2065, passed 9-24-04; Am. Ord. 2005-2075, passed 2-22-05; Am. Ord. 2006-2118, passed 3-20-06; Am. Ord. 2008-2198, passed 5-5-08) Penalty, see § 10.99