§ 151.015 OFF-PREMISES OUTDOOR ADVERTISING SIGNS IN CERTAIN AREAS.
   (A)   Outdoor off-premises signs are prohibited except as provided in § 151.096.
   (B)   Off-premises changeable electronic variable message signs shall comply with the following requirements:
      (1)   The interval of change between each individual message shall be at least ten seconds, not including the time required for one message to transition to the next. A change of message must be accomplished within two seconds or less.
      (2)   The sign shall contain a default mechanism that will freeze the display in a static image if a malfunction occurs.
      (3)   The sign may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance. For purposes of this section, the terms DAYTIME and NIGHTTIME shall have the meanings set forth in Texas Transportation Code § 541.401, as amended, and light exceeding the following intensity levels (NITS) constitute a nuisance:
 
Intensity Levels (NITS)
Color
Daytime
Nighttime
Red Only
3,150
1,125
Green Only
6,300
2,250
Amber Only
4,690
1,675
Multiple Colors
7,000
2,500
 
      (4)   Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory programmed not to exceed 7,000 NITS and that the intensity level is protected from end-user manipulation by password-protected software, or other method satisfactory to the Director of Planning and Development.
      (5)   The sign shall not:
         (a)   Resemble a warning or danger signal;
         (b)   Resemble or simulate any lights or official signage used to control traffic in accordance with the 2003 Manual on Uniform Traffic Control Devices, with Revision No. 1 published by the Federal Highway Administration (FHWA); or
         (c)   Cause an ordinary driver to mistake the sign for a warning or danger signal.
      (6)   The sign face dimensions may not exceed 672 square feet.
      (7)   Nothing in this section shall be construed to permit light in violation of § 155.040(D), or any other applicable regulation. In addition, to the extent of any conflict this section controls over § 151.089 and § 151.096.
      (8)   The sign must be equipped with both a dimmer control and a photocell, and automatically adjust the display intensity according to natural ambient light conditions.
      (9)   A nonconforming sign may not be enlarged. However, a nonconforming, off-premises sign may be replaced with a changeable electronic variable message sign of equivalent height and size, provided the replacement sign otherwise meets the requirements of this chapter.
      (10)   The sign may not be in a line of sight with another off-premises changeable electronic variable message sign, or within 1,500 feet of another off-premises sign facing the same traveled way.
      (11)   The city may require Amber Alerts, information regarding terrorist attacks or natural disasters, or emergency information messages to be displayed on the sign. Upon notification, the sign operator shall display emergency information messages in appropriate sign rotations, and maintain such messages in rotation according to the designated issuing agency protocols.
   (C)   No off-premises sign shall be erected or altered to include animation, such as parts that move, flashing/blinking lights, or smoke issuing from the sign which may be distracting to motorists. This prohibition does not include time and temperature and message signs.
   (D)   All off-premises signs must be kept in good repair. If the lot on which the sign is located is undeveloped, the area between the billboard and the street or highway to which it is oriented, as well as 25 feet around the support pole, must be kept free of all sign materials, weeds, debris, trash and other refuse.
(Ord. 92-19, passed 10-6-92; Am. Ord. 2008-16, passed 5-27-08; Am. Ord. 2018-19, passed 8-7-18) Penalty, see § 151.999