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HomeMy WebLinkAboutORD 1990 Amending Chapters regarding Signs and Trash EnclosuresCity of West University Place Harris County, Texas Ordinance No. 1990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTERS 6 AND 38 OF THE WEST UNIVERSITY PLACE CODE OF ORDINANCES BY AMENDING SECTIONS 6 -19 AND 6 -20 REGARDING ADVERTISING (SIGNS); AND BY AMENDING SECTION 38 -55 REGARDING TRASH CONTAINERS AND TRASH ENCLOSURES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Chapter 6 of the Code of Ordinances of the City of West University Place, Texas (the "Code of Ordinances ") is amended by adding definitions to Section 6 -19 and by adding a list of prohibited signs to Section 6 -20, as set out in Appendix A, attached hereto. All other portions of Chapter 6 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. Chapter 38, Section 38 -55 of the Code of Ordinances is amended by adding provisions related to trash container lids and trash enclosures as set out in Appendix A, attached hereto. All other portions of Chapter 38 of the Code of Ordinances not specifically amended herby remain in full force and effect. Section 3. All ordinances and parts of ordinances in conflict with Ordinance are repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on May 12 , 2014. CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on May 19 , 2014. SEAL)"� daAii AA es *r m A,., , Signed: t City Secretary Mayor Recommended: IW4. City Manager Approved as to legal form: City Attorney APPENDIX "A" Amend Sections 6 -19 and 6 -20 of the City Corte of 'Ordinance.5 fior "Advertising" as follows: Sec. 6 -19. Defmitions. Add the following words, terms and phrases, to this article, which shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned means a sign that had a permit, but the permit has been expired for 30 or more consecutive days and/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. Balloon and other floating device. A visible airtight or air -flow through apparatus commonly made of latex, Mylar or other similar material that extends by a cord, rope, string wire or other similar material. Billboard. A sign erected in the outdoor environment for the purpose of the display of commercial or noncommercial messages not pertinent to the use of products sold on, or the sale or lease of, the property on which it is displayed. Moving sign. Any sign, sign appendages or apparatus designed or made to move freely in the wind or designed or made to move by an electrical or mechanical device. Off-location or off - premises sign. A sign that advertises, promotes or pertains to a business, person, organization, activity, event, place, service, product, etc., at a location other than where the business, person, organization, activity, event, place, service, product, etc., is located. Portable sign. Any sign designed or intended to be relocated from time to time, whether or not it is permanently attached to a building or structure or is located on the ground. Roofsign. A sign mounted on and supported by the roof portion of a building or above the uppermost edge of a parapet wall of a building or structure. Searchlight (or skylight). Any apparatus capable of projecting a beam or beams of light. Wind device. Any pennant, streamer, spinner, balloon, cloud buster balloon, inflatable object or similar device made of cloth, canvas, plastic or any flexible material designed to float or designed to move, or move freely in the wind, with or without a frame or other supporting structure. Sec. 6 -20. General prohibitions, permits. (a)Compliance required. Within the city limits, it shall be unlawful for any person: (1)To erect, place or alter any sign which does not comply with this chapter or which exceeds any limit prescribed by this chapter; or (2)To use, own or control any place where a sign is located, if the sign does not comply with this chapter, or if it exceeds any limit prescribed by this chapter. (3) The construction. placement, existence, use of or advertisement on signs of the following nature is prohibited: (1)Abandoned signs. (2)Balloons and other floating devices. (3)Billboards. MMoving signs. (5)Off- location or off - premises signs. (6)Portable signs. (7)Roof signs. (8)Searchlight or skylight signs. (9)Wind devices. (10)Prohibited signs, such as, but not limited to: a. Any sign not referenced in or governed by this chapter; b. Any changeable electronic variable message sign (CEVMS) or light emitting diode (LED) billboards located, relocated, or upgraded along a regulated highway within the corporate limits or extraterritorial jurisdiction of the city; C. Any sign erected or installed in or over a public right -of -way or access easement, unless permitted within this chapter; d. Any sign that does not comply with this or other applicable municipal ordinances, or those which do not comply with federal or state laws; e. Any sign supported by a bench, tree, rock, bridge, public utility pole; f. Any sign supported by a fence not otherwise in compliance with this ordinance; or g. Any sign not allowed or defined by this chapter. (b)Permits for fixed signs. Within the city limits, except as authorized by a valid and unexpired permit issued pursuant to this section, it shall be unlawful for any person: (1)To erect, place or structurally alter a fixed sign; or (2)To use, own or control any place where and when a fixed sign is erected, placed or structurally altered. Amend Section 38 -55 of the City Code of Ordinances for "Garbage and Trash " as follows: Sec. 38 -55. Commercial collections; containers. (A)In general. Commercial collection rules shall apply to any school, church, business establishment, commercial, industrial or other premises not used exclusively for residential purposes in the city (collectively referred to below as "nonresidential premises "). The city will not provide commercial collection of garbage or trash. Collection of commercial garbage and trash is the responsibility of the property owner or other person in control of the premises, who must provide adequate collection to prevent the unauthorized accumulation of garbage and trash. This may require a "dumpster" or other container for garbage or trash with a capacity larger than 95 gallons (referred to below as a "large container "). (B)Container regulations. (1)It shall be unlawful for any person owning or controlling any nonresidential premises to maintain or allow the outdoor accumulation of garbage or trash on (or adjacent to) the premises, except within a container that is: a. Made of metal or other rigid material; b.Designed, constructed and maintained to completely enclose garbage or trash and prevent the entry of vermin; and c. Kept completely closed at all times, except when being filled, emptied or cleaned with a top or lid that is made for that container. All containers used by the public must be kept closed with a top or lid at all times. (2)It shall be unlawful for any person owning or controlling any nonresidential premises to place, use, maintain or allow any large container on those premises, if it does not comply with the additional criteria for large containers set out in subsection (C), below. (3)lt shall be unlawful for any person to own any large container, or to place, lease, rent, control, empty or service it, if the container is: a. Located on nonresidential premises; and b. Does not comply with the additional criteria for large containers set out in subsection (c), below. (4)It shall be unlawful for any person to empty, clean or service any large container on any day after 7:00 p.m. or before 7:00 a.m., or to knowingly cause or allow it to occur. (C)Additional criteria for large containers. Large containers on nonresidential premises must: (1)Comply with the zoning ordinance as to location, screening, etc.; large containers must also comply with the following specific location and screening requirements as follows: (a) Intent. Dumpsters shall be located and screened from public view. (b) Placement Dumpsters shall be located in the side or rear of the property, at least 10' from the property line, so they generally are not visible from the public right of way and are screened with plantings or durable materials compatible with adjacent architecture. They shall be located outside of the required building setback area. (c) Screening. Dumpsters shall be screened on three sides, using one of the following methods: a i. A masonry wall enclosure of a height that is a minimum of one foot above top of dumpster. ii. A planting enclosure of large evergreen shrubs planted a minimum of four feet apart that shall create a solid screen to a minimum height of seven feet within two years. iii. A combination of the subsections M and (ii) of this section. All dumpster screening plans shall be identified and detailed on a submitted and approved site plan. (d) Enclosure Size The minimum enclosure size for refuse and recvclin2 containers shall be based upon a seven -foot wide by seven -foot deep container (ten -cubic yard container). The interior dimensions of the enclosure shall provide the following minimum clearances: i. The minimum side -to -side clearance between containers and/or enclosure walls shall be two and one -half feet. ii. The minimum front -to -back clearance between containers and enclosure walls or gates shall be two feet. (e)Have a conspicuous notice reading as follows: "Unlawful to empty this container after 7:00 p.m. or before 7:00 a.m. in the City of West University Place. This container must be kept closed except when being filled, emptied or cleaned." The notice must be printed with red letters at least two inches high on a white background, and it must be permanently affixed (or painted) in a location where it is plainly visible to any person filling or emptying the container.