§ 7-12. Permits required, expiration, and suspension or revocation.

(a)

It is unlawful for any person to erect or repair an outdoor sign, banner or a sign within a common area of a shopping mall without having first obtained a permit for it from the director and paying the applicable permit fee. It is an affirmative defense that the repair is routine maintenance.

(b)

It is unlawful for any person to suffer, allow, permit, maintain or use any sign or banner erected without a permit required by this chapter on any premises owned, controlled, or used by that person.

(c)

Any person erecting, repairing, maintaining, suffering, permitting, allowing, or using a sign or banner for which this chapter requires a permit, without first obtaining a permit, shall pay an investigation fee in addition to a permit fee whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The payment of an investigation fee does not exempt any person from compliance with all provisions of this chapter nor from any penalty prescribed by law.

(d)

Only a contractor licensed under section 7-13 may obtain a sign permit if electrical or structural work is required for work described in subsections (a), (b), and (c) of this section. The applicant shall first file an application in writing on a form furnished by the director. All information required by the director must be provided and in addition every such application shall comply with the following:

(1)

Identify and describe the work to be covered by the permit for which application is made;

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed sign;

(3)

If it is for a pole sign, a marquee, mansard, or projecting sign, be accompanied by plans, diagrams, specifications and computations sealed by a State of Texas licensed engineer or architect as required by the director and this chapter and other data and information as may be required by the director;

(4)

Include the approximate date the sign will be erected, a drawing showing its prospective location and, if a banner sign, the date it will be removed; and

(5)

Each sign situated within fifteen (15) feet of a public right-of-way, or within a sight easement or within a triangular area formed by the intersection of the adjacent street right-of-way lines in each direction and a line drawn between the points on each of those lines thirty-five (35) feet from the point at which they intersect shall be accompanied by plans showing absence of vehicle and pedestrian sight obstructions, and other information as may be required by the director of traffic and transportation.

(e)

Every sign permit issued by the director expires if the sign authorized by the permit is not completed within one hundred eighty (180) days from the date of issuance. Before work can be recommenced, a permittee shall first obtain a new permit to do so, and pay a fee for it equal to one-half (½) the amount required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications; and provided further that the suspension or abandonment has not exceeded one (1) year.

(f)

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The director may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit may be extended more than once.

(g)

The director may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or when the permittee is in violation of any ordinance or regulation.

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2010-9216, § 12, 10-22-10)