§ 24-111. Commercial signs generally prohibited.

(a)

Purpose . The purpose of this ordinance is to generally prohibit commercial signs (with limited exceptions), which are defined herein, within the city and its ETJ on a content-neutral basis. The general prohibition (with limited exceptions) is designed to promote the health, safety, and welfare of the general public, and to preserve and enhance the appearance and economic value of the built environment. This general prohibition (with limited exceptions) is designed to help achieve the goals of the city to ensure that commercial signs do not interfere with scenic views; do not create visual clutter to persons using the public rights-of-way; do not create a nuisance to occupants or customers of adjacent property by sign size or height; and do not have a detrimental effect on land or property values.

(b)

Authority and jurisdiction. The terms and conditions of this article shall apply to all commercial signs located within the City and its ETJ, pursuant to Chapter 216 of the Texas Local Government Code, as amended, and pursuant to the inherent powers of the city as a home-rule municipality.

(c)

Definitions . For the purposes of this ordinance, the following words shall have the following definitions ascribed to them. Words not defined in this ordinance shall be given their common and ordinary meaning.

Commercial sign . A commercial sign is a sign that (1) is intended to be leased, or for which payment of any type is intended to be or is received, for the display of any good, service, brand, slogan, message, product, or company; or (2) is located on property owned or leased for the primary economic purpose of displaying a sign.

The term "commercial sign" does not include a sign that is leased to a business entity and located on the same property on which the business is located.

Development agreement . A development agreement is a legally binding contract between a municipality and a third-party entity and/or person(s) authorizing specific mutually agreed upon terms and conditions, which may or may not otherwise be authorized through existing regulations. For the purpose of this ordinance, a development agreement may be negotiated by the city manager, or his designees, on behalf of the city, but must be approved by the city council.

Digital sign . A digital sign is a sign that is electronic and is internally illuminated for the purpose of projecting still images or multimedia messages.

Planned development district . A planned development district is a special zoning district intended to provide design and use flexibility which may be created anywhere within the city's corporate limits for the purpose of authorizing a property to be developed with uses and/or standards not authorized by the city's zoning standards. Planned development districts are zoning regulations that must have a public hearing and be authorized by the city council, as required by state law.

(d)

Commercial sign regulations . Any commercial sign that is placed, constructed, erected, or maintained on property located within the city's corporate limits is prohibited unless such sign is authorized by a planned development district placed on the property. Any commercial sign that is placed, constructed, erected, or maintained on property located within city's ETJ is prohibited unless it is authorized through a development agreement approved by the city council. The commercial sign prohibition established by this ordinance applies to both the person or business entity placing, constructing, erecting, or maintaining the commercial sign, and to the owner of the property upon which the commercial sign is placed, constructed, erected, or maintained.

(e)

Commercial sign permitting in city limits . Any commercial sign that is placed, constructed, erected or maintained on property located within the city's corporate limits must be authorized by a planned development district and must obtain a permit from the city prior to the construction of the sign. The purpose of the permit is to allow staff to review the plans associated with the sign, to ensure that the sign is structurally sound and complies with other portions of the city's Code of Ordinances. The fee for a commercial sign permit is seventy-five dollars ($75.00). This ordinance does not negate any permit or approval requirements of other regulating agencies. Any permit or approval required for the construction of a commercial sign in the city's corporate limits from an agency other than the city must be obtained prior to making permit application to the city. In addition, any permit or approval obtained from another agency must be provided to the city when making application for a commercial sign.

(f)

Commercial sign permitting in ETJ . The city possess the authority, pursuant to Chapter 216 of the Texas Local Government Code, to regulate signs located with its ETJ. For the purpose of this ordinance, the city's permitting requirements for a commercial sign extends to its ETJ. Any commercial sign that is placed, constructed, erected or maintained on property located within the city's ETJ must be authorized by a development agreement and must obtain a permit from the city prior to the construction of the sign. The purpose of the permit is to allow staff to review the plans associated with the sign, to ensure that the sign is structurally sound and complies with other applicable portions of the city's Code of Ordinances. The fee for a commercial sign permit is seventy-five dollars ($75.00). This article does not negate any permit or approval requirements of other regulating agencies. Any permit or approval required for the construction of a commercial sign in the city's ETJ from an agency other than the city must be obtained prior to making permit application to the city. In addition, any permit or approval obtained from another agency must be provided to the city when making application for a commercial sign.

(g)

Conversion of existing commercial signs . The city manager is authorized to enter into negotiations with a person or business entity which owns an existing commercial sign, and/or the owner of the property upon which the commercial sign is placed, constructed, erected, or maintained, for the purposes of modifying or making improvements to the existing commercial sign. These negotiations may include, but are not necessarily limited to, the removal of a sign or signs in exchange for the ability to convert an existing sign or signs to a digital sign; and the removal of a sign or signs in exchange for the ability to place a sign in a new location either within the city's corporate limits or ETJ. Mutually agreed terms must be executed through the use of a development agreement approved by city council.

( Ord. No. 3098, 2-18-19 )