§ 32-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial message means an image or text on a sign which proposes or promotes a commercial transaction, or concerns the economic interest of the advertiser and/or the audience. Donor recognition messages, as defined herein, shall not be considered commercial messages.
Donor recognition message means the use of allowable sign area on a permitted monument general business sign, which is located on property owned or occupied by a nonprofit 501.C.3 organization, to recognize its donors. The maximum area used to recognize each donor shall not exceed 15 percent of the allowable sign face area. The donor recognition message shall be limited to the name and/or logo of the donor.
Erect means to build, construct, attach, hang, place, suspend, or affix.
Face or surface means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
Front building face means that building face which is the primary access into a building or lease space, as determined by the building official. The determination of front building face applicable to building spaces within a multiple occupancy building shall include all building frontage which is integral to the lease space and constructed as storefront for the purpose of visibility and/or access. The area of the front building face shall be the height or vertical plane from the ground to the top of the building times the length of the front building face, exclusive of any architectural features or roof lines, as determined by the building official.
Frontage, Interstate 30, means any property which has frontage directly on the service roads along Interstate 30.
Gross surface area of sign means the entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having information on two surfaces shall be considered as a single sign providing that the surfaces are located back-to-back and contain identical copy. A sign having information on two or more surfaces with different copy shall be calculated as the sum of all portions and evaluated as a single sign. In the event two or more signs share a single structure (i.e., directory signs, or signs on v-shaped structures), each sign or panel shall be considered separately for square footage purposes, provided that the combined area of such signs cannot exceed the total square footage allowed on a single sign.
Height, for purposes of this chapter, means the height of a sign measured from an average elevation of the finished grade along the area of sign installation, excluding any artificial berming, to the highest point of the sign.
Illuminated sign means any sign which has characters, letters, figures, designs, or outline illuminated by electric lights. These lights shall not interfere with traffic or surrounding land use.
Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature.
Logo means any formalized design or insignia of a company or product, which is commonly used in advertising to identify that company or product.
Noncommercial message means one that visually displays speech or images not pertaining to commercial matters.
(1)
The term "noncommercial messages" commonly concern religion, politics, social commentary and other matters of public debate.
(2)
The term "noncommercial messages" does not include a political sign as defined in this section.
Off-premises means that the sign to which it refers must reflect goods, products, or services provided at a location other than where the sign is placed.
On-premises means that the sign to which it refers must reflect those goods, products, or services provided at the location on which the sign is placed.
Permanent means a sign intended to be used for a period of longer than six months.
Premises means a lot or unplatted tract or combination of contiguous lots or tracts if under single ownership as reflected in the plat records.
Setback means a line defining an area on the site between the existing street right-of-way or future right-of-way as proposed on the city's current thoroughfare plan, whichever is greater, and the line within which no sign shall be constructed, encroach, or project except as specifically authorized by this chapter.
Sign includes every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light, or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organization, or business. Any interior illuminated or moving sign or light, which is visible from the exterior, may be determined as being erected on the exterior of the building or structure.
Sign, abandoned, means any sign without a current, valid permit, deserted, surrendered or forsaken; cessation of use; given up or relinquished or does not identify or advertise a bona fide business, lessor, service, owner, product, event, or activity, or pertains to a time, event or purpose which no longer applies.
Sign, agricultural, means any sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. (On-premises)
Sign, apartment, means any sign identifying an apartment building or complex of apartment buildings. (On-premises)
Sign, awning, means a sign which is applied or attached to an awning or other rooflike cover, intended for protection from the weather or as a decorative embellishment, projecting from a wall or roof of a structure over a window, walk, door, or the like.
Sign, banner, means a temporary sign generally constructed of cloth, plastic, or paper. (On-premises)
Sign, canopy, means a sign that is applied, attached or affixed on a canopy or other rooflike cover over gasoline fuel pumps, vacuum area at car detail facilities, or other areas where services are provided to a patron in a vehicle intended for protection from the weather or as a decorative embellishment. A canopy sign may contain only the business's name and/or logo on the canopy band.
Sign, changeable electronic variable message (CEVMS).
(1)
The term "changeable electronic variable message sign (CEVMS)" means an on-premises 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 an which varies in intensity or color.
(2)
The term "changeable electronic variable message sign (CEVMS)" 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. (On-premises)
Sign, construction, means any temporary sign identifying the property owner, decorator, or financier engaged in the design, construction or improvement of the premises on which the sign is located. (On-premises)
Sign, development, means any temporary promotional sign pertaining to the development of land. (On-premises)
Sign, directional, means a temporary sign which is limited, exclusively, to the identification of a specific premises, occupancy, or owner of said premises located elsewhere, and which tells the location of and/or route to said premises or occupancy. (Off-premises)
Sign, directory, means any sign listing the occupants within shopping centers, industrial parks, retail districts, and commercial parks. The name of the center or district may be included on the sign. (On-premises)
Sign, identification, means any sign which is used to identify shopping centers, industrial and commercial parks, office districts, and retail districts. These signs are not intended to identify individual businesses or activities within a center or district. (On-premises)
Sign, institutional, means any sign used to identify schools, churches, and similar public buildings or institutions. Off-premises sign information may include the name, address and directions to the location. On-premises signs shall include the name of the establishment and general information only. (On-premises/off-premises)
Sign, marquee, means any sign erected on a marquee or fixed awning. (On-premises)
Sign, model home, means any temporary sign used for the advertised sale of a particular structure represented by a model or show home. (On-premises)
Sign, monument, means any permanent low profile sign built on a monument base as opposed to a pole base, solid from the ground up, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. Poles or supports must be concealed. (On-premises) (See illustration 1 in § 32-367.)
Sign, off-premises, means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
Sign, on-premises, means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
Sign, pole, means any permanent freestanding pole sign, utilizing either monopole or dual-pole design. A pole sign is required to have a minimum of seven feet clearance from grade to the bottom of the sign cabinet. (On-premises) (See illustration 2 in § 32-367.)
Sign, political, means any sign that contains primarily a political message and that is located on private real property with the consent of the property owner.
(1)
For purposes of this definition, the term "private real property" does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose.
(2)
The term "political sign" does not include a sign that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. (Off-premises)
Sign, projection, means any sign which projects, either horizontally or vertically, from a building and which has one end attached to that building or other permanent structure. (On-premises)
Sign, real estate, means any temporary sign used to advertise the sale or lease of a piece of real property. (On-premises)
Sign, residential subdivision, means a sign used to identify the name of a specific residential subdivision. (On-premises)
Sign, temporary realtor open house directional means any temporary sign used for directing realtors and potential homebuyers to homes for sale within the city which are open for public viewing. (Off-premises)
Sign, traffic, means any sign used for traffic control purposes. (On-premises)
Sign, wall, means any sign which is attached to the face of a wall, including windows and doors, to advertise businesses in that building.
Sign, weekend development directional, means a temporary sign which is limited exclusively to the identification of a development, consisting of more than one lot available for new construction and which indicates the route to said development. For the purposes of this definition, the term "development" shall be inclusive of all phases. (Off-premises)
Sign code application area means the corporate limits of the city and the area of its extraterritorial jurisdiction as defined by V.T.C.A., Local Government Code § 42.021.
Temporary means a period of six months or until the advertised event is concluded, whichever comes first. If the sign is required for a longer period of time, then a reapplication must be made.
(Ord. No. 10-07, § 1(exh. A(15-232(C))), 3-15-2010; Ord. No. 10-19, § 1, 2010; Ord. No. 11-20, § 1, 5-16-2011; Ord. No. 14-09, § 1, 3-3-2014)