§ 40-244. Administration and enforcement.  


Latest version.
  • (a)

    Sign administration. The building official, or such other person as may be designated by the city manager, shall be responsible for the administration and enforcement of the terms and provisions of this article.

    (b)

    Authorization. The building official or the person designated for the administration and enforcement of this article is authorized to:

    (1)

    Inspect and approve every sign subject to the provisions of this article.

    (2)

    Enter, for the purpose of inspecting and investigating signs or sign structures, any building, structure or other premises or property during normal business hours, upon presentation of proper identification to owner, agent, or tenant in charge of the premises.

    (3)

    Upon notice, issue a written stop order for work that is being conducted on a sign in a manner contrary to the provisions of this article or that is being conducted in a dangerous or unsafe manner. Such notice and order shall state the conditions under which work may be resumed. In an emergency, the building official shall not be required to give written notice. Following the issuance of a stop order, the building official shall initiate proceedings to revoke any permit issued for the work covered by such order in the manner provided by this article unless the cause of the stop order is resolved.

    (4)

    Revoke any and all licenses or permits authorized by this article for violation of the terms and provisions of this article.

    (c)

    Sign construction permit.

    (1)

    Application. An application for a sign construction permit shall be submitted on a form provided by the city and shall be accompanied by plans, drawn to scale, which shall include the following:

    a.

    The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached;

    b.

    The dimensions of the sign's supporting structure;

    c.

    The proposed location of the sign in relation to:

    1.

    The face of the building on which, or in front of which, it is to be located;

    2.

    The approximate boundaries of the lot or parcel of land upon which it is to be located; and

    3.

    All electrical transmission lines within 30 feet of any part of the proposed sign or sign structure;

    d.

    Plans and specifications for the electrical system of the sign, if applicable;

    e.

    The dimensions and location of all existing signs on the premises, whether exempt from these guidelines or permitted under them;

    f.

    The proposed address of the sign;

    g.

    The names and signatures of sign owners, landowners, sign erector; and

    h.

    The total amount of business frontage, if the sign is to be constructed at an integrated business development or a shopping center.

    (2)

    Expiration and renewal. A permit for construction of a sign shall expire 180 days after issuance, but it may be renewed one time for a period not to exceed 180 days.

    (d)

    Operating permit. It shall be unlawful for any person to maintain or use, or to permit or suffer the maintainance or use on any premises owned or controlled by such person in the city limits or the extra-territorial limits (ETJ) of the city (where applicable), a sign without securing an sign operating permit from the city.

    (1)

    Application. An application for a sign operating permit shall be submitted on a form provided by the city.

    (2)

    Existing signs. Prior to January 1, 2009 all owners of existing signs in the city or its ETJ (where applicable) shall apply for and obtain a sign operation permit for each sign located on the owner's property. The operating permit shall be for the life of the sign; provided, however, the following shall apply:

    a.

    The city shall not issue an operating permit for an existing sign that was erected in violation of any law or ordinance in effect at the time of its erection. Existing signs that were erected in violation of any law or ordinance in effect at the time of their erection must conform to the provisions of this article prior to issuance of an operating permit.

    b.

    When any sign or a substantial part thereof is blown down or otherwise destroyed, or taken down or removed for any purpose other than maintenance operations or for changing the letters, symbols or other matter on such sign, it shall not be re-erected, reconstructed, repaired or rebuilt, except in full conformance with this article. A sign or substantial part thereof is considered to have been destroyed if the cost of re-erecting, reconstruction, repairing or rebuilding the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location.

    c.

    Nonconforming signs. In accordance with V.T.C.A., Local Government Code ch. 216 (Relocation, Reconstruction, or removal of Signs), existing signs that were erected in compliance with all laws and ordinances in effect at the time of their erection, but which are not permitted under this article, are permitted to obtain an operating permit.

    (3)

    New signs. As of the date of adoption of this article, all newly constructed signs in compliance with the requirements of this article shall be issued a sign operation permit. Issuance of the sign operation permit by the building official shall conclude the sign construction permit process and signify that the sign complies with the provisions of this article. The operating permit shall be for the life of the sign; provided, however, the permit shall become void at such time as the conditions described in subsection 40-244(d)(2)b. occur.

    (4)

    Fees. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees. The applicant for, or holder of, a permit shall not be entitled to a refund of any fee paid.

(Ord. No. O-77-08, § I(Exh. A), 10-13-2008; Ord. No. O-52-11, § IV, 11-14-2011; Ord. No. O-04-13, § I(Exh. A), 2-11-2013)

Cross reference

Administration, ch. 2.