§ 7-4.2. Special sign permit for billboards with digital images.

(a)

Existing billboards on a controlled access freeway and lawfully installed prior to June 3, 1999, may be modified to a digital billboard if a special sign permit is obtained from the city council. Provided, a digital billboard may not be reconstructed or relocated so that any part of the relocated sign would be within one thousand five hundred (1,500) feet of another digital billboard on the same side of a controlled access freeway.

(b)

The applicant shall show that the proposed digital billboard will meet the following minimum performance standards:

(1)

Monopole design, with architectural enhancements as identified in Appendix A, the sign design guidelines, with underground utility service;

(2)

The sign does not display any illumination by flashing, intermittent or moving lights; does not contain or display animated, moving video or scrolling elements; nor projects a static image upon a stationary object;

(3)

A sign face is only visible from one (1) direction of traffic;

(4)

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

(5)

A change of message must occur simultaneously on the entire sign face;

(6)

It contains a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

(7)

It will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

(8)

The applicant shall provide a protocol acceptable to the chief of police for coordination with public safety authorities to display, when appropriate, emergency information important to the traveling public such as Amber Alerts, or homeland security and natural disaster alerts; and

(9)

The sign owner shall provide contact information for a person who is available at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within one (1) hour of a request by the director or Texas Department of Transportation to a level acceptable to the department.

(c)

The applicant may submit any other performance standards and information that would ameliorate the effects of the digital image. When considering a request for a special sign permit for digital image, the city council may consider other factors and impose reasonable conditions including modifications to the requirements of chapter 33A that reduce the secondary effects of the digital image.

(d)

Granting permits. Following city council approval of a special sign permit, and payment of the appropriate fee, the director will grant a permit for a digital billboard construction or modification in the following sequential manner:

(1)

The director will issue a provisional permit granting permission for the digital sign, subject to the granting of a permit by the Texas Department of Transportation.

(2)

The applicant shall obtain a permit from the Texas Department of Transportation allowing the requested construction or modification; and shall present a true copy of that permit to the director, not later than twelve (12) months following the issuance of the provisional permit.

(3)

If the applicant and the Texas Department of Transportation permit satisfy the requirements of this section, the director shall issue a sign permit for the digital billboard.

(4)

The provisional permit shall expire twelve (12) months after its issuance, without further action by the director, if no sign permit has been issued in that time.

(e)

Fees. The application for the special sign permit shall be accompanied by a non-refundable fee of one thousand dollars ($1,000.00) per sign. Digital billboards shall obtain an annual inspection and pay the annual fee of two hundred dollars ($200.00).

(Ord. No. 2009-9059, § 5, 4-9-09)