§ 5.406. OFF-PREMISE SIGNS (BILLBOARDS)

A.

Applicability.

1.

This Section applies to any existing Off-Premise Sign. New Off-Premise signs are not allowed.

2.

An Off-Premise Sign means any sign that pertains or directs attention to a business, product, service, activity, person, organization, institution, event, place, object, or location not located, manufactured, conducted, sold, or offered on the premises on which the sign is located, and which was legally in existence prior to October 29, 1997.

B.

Proof of Permitting.

1.

Sign permits or sign repair permits required by this Section are processed as provided in Article 13, Permits and Procedures.

2.

If the off-premise sign owner disagrees with the director's decision relating to issuance of a sign permit, the off-premise sign owner may notify the Director of Development Services of the off-premise sign owner's desire to appeal the determination to City Council. The notice of appeal must be filed with the director no later than the 60 ^th day after the date of the decision.

C.

Registration.

1.

This subsection takes effect:

a.

After November 28 ^th , 1997; and

b.

Within annexed territory, the effective date of any annexation to the City.

2.

Owners of all off-premise signs situated in any location in the municipal boundaries shall annually register each off-premise sign with the Building Official as follows:

a.

The sign owner shall file information as to the location, height, and area of each off-premise sign.

b.

The sign owner shall file the registration within 30 days after the date listed above. The Building Official shall review the registration forms. Within five days after a registration form is filed, the Building Official shall review the form and notify the sign owner if it is incomplete. Within 20 days after notification that a form is incomplete, the sign owner shall correct any deficiencies and file a complete sign registration form.

c.

If a complete registration form is not filed within the time limits set out above, the sign is considered an obsolete sign and shall be removed as provided in Section 5.302. Obsolete Signs.

d.

The sign owner shall keep the registration current.

e.

The sign owner shall file a new registration for each off-premise sign within 30 days after it is demolished or torn down.

f.

The applicant shall maintain copies of all complete registration forms as provided in this subsection. If the applicant cannot provide a copy of a complete registration form, the off-premise sign is presumed to have not been timely registered and is considered an obsolete sign.

3.

The City shall not issue sign permits for the construction of new off-Premise signs.

4.

The City may issue repair permits for legally registered off-premise signs (see 5.406.E).

5.

An off-premise sign repair permit is valid for 12 months unless sooner revoked or canceled.

6.

If an off-premise sign owner wishes to transfer a sign permit to another person or entity, the off-premise sign owner shall notify the director in writing. The director shall void the original off-premise sign permit and issue a new sign permit to the new owner. No transfer is valid until accepted and reissued by the Development Services Department.

D.

Extraterritorial Jurisdiction (ETJ).

1.

The construction of new, off-premise signs or the conversion of an existing sign to an electronic sign, except as may be provided in this Section, within the City and its ETJ is prohibited. The City will not issue sign permits for these signs.

2.

The conversion of an on-premise sign to an off-premise sign and the replacement or repair of existing off-premise signs or electronic signs within the City's ETJ is prohibited. The City will not issue sign or repair permits for such conversion, replacement, or repair.

3.

The extent of a municipality's ETJ is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:

a.

Within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants;

b.

Within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants;

c.

Within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants;

d.

Within three and one-half miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or

e.

Within five miles of those boundaries, in the case of a municipality with 100,000 of more inhabitants.

4.

Regardless of 5.406.D.3, the ETJ of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:

a.

Within 5 miles of those boundaries on a barrier island; or

b.

Within one-half mile of those boundaries off a barrier island.

5.

5.406.D.4 applies to a municipality that has:

a.

A population of 2,000 or more; and

b.

The territory is located:

i.

Entirely on a barrier island in the Gulf of Mexico; and

ii.

Within 30 miles of an international border.

6.

Regardless of 5.406.D.3 the ETJ of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within three miles of those boundaries if the municipality:

a.

Has a population of not less than 20,000 or more than 29,000; and

b.

Is located in a county that has a population of 45,000 or more and borders the Trinity River.

E.

Site Provisions for Legally Nonconforming Off-Premise Signs.

1.

Repair/Enlargement. A lawfully existing off-premise sign may be repaired at the same location but shall not be enlarged in area or height. A repaired off-premise sign shall not exceed the smaller of the following, excluding cutout extensions and apron trip without copy,:

a.

The area and height of the original off-premise sign; or

b.

14 feet by 48 feet.

2.

Relocation Prohibited. An off-premise sign may not be relocated.

3.

Height :

a.

Off-premise signs shall not exceed a maximum height of 40 feet.

b.

The height shall be measured from the crown of the adjacent roadway to which the off-premise sign is oriented.

4.

Setbacks.

a.

Any part of a repaired off-premise sign or its supporting structure shall be located at least 10 feet from the rights-of-way of the street to which it is oriented.

b.

As used in this subsection only, "street" does not include alleys.

5.

Conversion to Electronic Signs. Any Off-Premise sign that is permitted to be repaired within the City through the provisions of this Section may not be converted to, or built as, an electronic sign.

F.

Illumination. It is unlawful for any person to erect, operate, or otherwise use any off-premise sign which displays intermittent lights.

G.

Motion. Off-premise signs shall not revolve or rotate in whole or in part.

H.

Maintenance.

1.

Off-premise sign owners shall maintain all signs in good appearance and safe structural condition.

2.

Off-premise sign owners shall keep the general vicinity of any sign free and clear of sign materials, weeds, debris, trash, and litter.

3.

Off-premise sign owners shall conduct maintenance, replacement of sign copy, or structural repairs in a manner that will prevent debris and litter from drifting or being blown onto adjacent properties.

4.

Off-premise signs that fail to maintain copy for a period of one year are treated as obsolete signs (see 5.302).

( Ord. No. 18-037, § 2, 6-21-18 )