HomeMy WebLinkAbout09112014 BSC Agenda Item 3 • •
STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: September 11, 2014
DEPARTMENT OF ORIGIN: Development
DATE SUBMITTED: September 9, 2014 Services
PREPARED BY: Clay Chew, CBO, CFM PRESENTER: Clay Chew, CBO, CFM
Chief Building Official Chief Building Official
SUBJECT: Electronic signage, Amend STAFF PRESENTER:
Chapter 6, Section 6-24. Clay Chew, CBO, CFM
Chief Building Official
ATTACHMENTS: Proposed ordinance amendment
STAFF SUMMARY
Background:
City Council has asked the Building and Standards Commission to review
electronic signage. An ordinance amendment has been drafted based on comments from
the last BSC meeting. Existing electronic signage in residential areas has been
addressed. The light intensity (nits) of electronic signage in commercial areas has been
defined to correspond with neighboring cities ordinance.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 6, ADVERTISING
AND SIGNS, ARTICLE II, SIGNS, OF THE CODE OF ORDINANCES OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY REVISING
SECTION 6-27, ILLUMINATED, MOVING SIGNS, TO INCLUDE
SPECIFIC REGULATIONS REFLECTING TO LIGHT EMITTING DIODE
(LED) SIGNS AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 6, Advertising and Signs, Article II, Signs of the Code of
Ordinances of the City of West University Place, Texas is amended by revising of the
existing Section 6-27, Illuminated, Moving Signs to read 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. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. 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 4. 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 takes effect immediately upon its passage and
adoption on second reading.
{00166575.DOC }
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the day
of , 2014.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2014.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
{00166575.DOC} 2
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Appendix A
Amend Section 6-27 as follows:
Sec. 6-27. Illuminated,Light Emitting Diode (LED), moving signs.
a. No illuminated part of any sign in a residential impact area may face any
site in the city used for SFR purposes, unless the site is more than 200 feet from the sign.
Exception: this does not apply to signs illuminated only by reflected white lights which
are shielded so that the source of the light cannot be seen by a person standing in a street
area or on other premises. Illumination, if used, may not flash, blink or move. In
addition, all parts of all signs must be stationary when in use. It shall be an affirmative
defense that a non-fixed sign was caused to move only by the wind.
b. Effective after , 2014, new LED signs are prohibited on sites used
for SFR purposes and on residential impact sites. LED signs in all other sites are subject
to current regulations limiting location and size in effective before , 2014.
In addition,for all LED signs installed after , 2014,
a. No more than one LED sign per business shall be allowed.
P
b. Messages shall not change more than once per 30 seconds and shall not flash,
blink or move.
c. LED signs shall be set at a maximum of 6500 nits between sunrise and sunset,
and at a maximum of 1250 nits between sunset and sunrise and each sign
shall be fitted with a light sensing device to automatically adjust the
brightness. The LED sign shall be certified as to compliance upon installation
and continually maintained by the sign owner.
Note: Other restrictions on lighting may also apply; see, e.g., Article 2 in Chapter 6 of the
zoning ordinance.
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Electronic Signage Light Intensity (Nits)
City Maximum night/Maximum day
Houston 1250/6500
San Antonio 2500/7000
Amarillo 500/5000
Big Spring 500/5000
Rockwall 750/7500
Burleson 500/5000
Brenham 1000/5000
Texarkana 1000/5000
Abilene 1000/7000
Kerrville 500/7000
Liberty 1000/5000
Seguin 500/7000
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This subsection does not apply to sites used for SFR purposes.
(Code 2003. §3.207)
Sec. 6-26. Location, construction.
(a) Generally. Signs may only be placed and constructed in such places and in such a manner
that they will not create a traffic, storm, personal injury or fire hazard. Signs are subject to the
zoning ordinance (which regulates, for example, height, placement in yards and orientation
on certain corner sites) and all the other applicable regulations.
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(b) Building sites. No sign may be located outside a building site, except for signs duly
authorized in street areas and other areas owned or leased by the city. Any sign advertising
the name of any business or institution, or advertising anything for sale or lease, must be: (i)
located on the same building site where the business or institution is located and operated,
or the same building site where the thing is actually for sale or lease, as the case may be,
and (ii) covered, blanked-out or concealed within 30 days following the day when the
business or institution ceases to be located or operated on the site (or the day when the
thing is no longer for sale or lease on the site, as the case may be).
(c) Screening. The rear of each fixed sign shall be screened so that the supporting structural
members are not readily visible by a person:
(1) Upon a street area;
(2) Upon any site used for SFR purposes; or
(3) Within any building used for SFR purposes.
Lattice work, plantings, sign display area or another part of a structure may be used for such
screening. Exception: The screening requirement does not apply to structural members that
are completely integrated into the design of the sign, both structurally and visually.
(d) Condition and appearance. Every sign, and its screening, shall be kept in good condition as
to structure and appearance.
(e) Power lines. No part of any sign may be located within ten feet of any power line.
(Code 2003. §3.208; Ord. No. 1896. § 1, 5-11-2009)
Sec. 6-27. Illuminated, moving signs.
No illuminated part of any sign in a residential impact area may face any site in the city used
for SFR purposes, unless the site is more than 200 feet from the sign. Exception: this does not
apply to signs illuminated only by reflected white lights which are shielded so that the source of the
light cannot be seen by a person standing in a street area or on other premises. Illumination, if
used, may not flash, blink or move. Note: Other restrictions on lighting may also apply; see, e.g.,
article 8 of the zoning ordinance. All parts of all signs must be stationary when in use. It shall be an
affirmative defense that a non-fixed sign was caused to move only by the wind.
(Code 2003, §3.209)
Sec. 6-28. Obscenity prohibited.
(a) No sign shall in any way display any word, statement, character, or illustration of an obscene
or indecent nature.
(b) The terms "obscene" and "indecent," as used in this section, shall have the same meanings
as in the Texas Penal Code, as interpreted by the federal and state courts. It shall be an
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affirmative defense, in any prosecution to enforce this section, that V.T.C.A., Penal Code §
43.22 or other state law, prohibits the same conduct as charged in the prosecution.
Table 3-1. General Rule: On a site outside a street area, any sign exceeding
Sign Sizes, Numbers any applicable regulation (prescribed below) is prohibited, and all
non-specified types of signs are prohibited. Exceptions/Special
Rules: (1) See special rules noted in table. (2) See remainder of
this Chapter.
Type of sign Regulation Applicable to sites Applicable to Applicable to all
used for SFR purposes residential impact other sites
sites
Fixed Maximum number per Zero' Two plus one per Three plus three per
site, all signs retail unit' retail unit'
Maximum number, Zero' One per principal One per principal
ground signs building.' building for each
abutting street'
Maximum DA, ground Zero' Depends upon
signs location; see Section
6-25(b).
Maximum number and Zero' Depends upon the
DA, canopy and size of relevant
building-mounted facade area; see
signs Table 3-2.
Maximum total DA, Zero' 1% of the site's area 3% of the site's area
entire site (total per site)1 (total per site)1
Semi-Fixed Maximum number per Two, if the site is One' 2 One' 2
site unoccupied; •
otherwise no limit' 1
Maximum DA 5 sq. ft. per face, 10 6 sq. ft. per face, 12 8 sq. ft. per face, 16
sq. ft. per sign, 32 sq.sq. ft per site2 sq. ft per site2
ft. total (all signs on
the site)
Non-fixed Maximum number per Zero, if the site is One, if temporary.' 2 One, if temporary.' 2
site unoccupied, 3 3
otherwise no limit' 3
Maximum DA 5 sq. ft. per face, 10 12 sq. ft. per face, 32 sq. ft. per face,
sq. ft. per sign,' 32 1.5% of the site area 2.5% of the site area
sq. ft. total (all signs (total, all faces)2 3 (total, all faces)2 3
on the site)3
Notes:
1 Flags. On sites actually occupied and used for SFR purposes, an unlimited number of flags
may be displayed. On other building sites, one flag may be displayed per 50 feet of
street line, in addition to other signs allowed by this chapter.
2 Festival Permit. During the term of a special festival permit issued by the building official,
the maximum number of semi-fixed and non-fixed signs, together, is ten per acre of
the festival site. The festival site may be one or more contiguous tracts aggregating at
least 0.75 acre. The display area of festival signs is not limited. No more than one
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festival permit may be issued for any given place in any 365-day period, and the
maximum term of a permit is 10 days.
3 Banners. In addition to the signs allowed by this Table, banners may be displayed if they
meet all the following restrictions:
(1) The maximum number is two per site at any given time,
(2) The maximum display area is 32 sq. ft. per site, for all banners, at any given time,
(3) No individual banner may be displayed more than two times during any 365-day
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period nor more than 14 days at a time,
(4) On any given site, a banner may be displayed no more than 14 days out of any 60
day period, and
(5) No banners are allowed on unoccupied sites.
Table 3-2. Genera( Rule: For each building, the maximum display area and number
Number and display area, building of all building-mounted and canopy-mounted signs is determined by the
and canopy-mounted signs relevant facade area. Any sign exceeding such a limit is prohibited, and
all non-specified types of signs are prohibited. Exceptions/Special Rules:
(1) See special rules noted in table. (2) See remainder of this Chapter.
Size of relevant facade area (RFA), Maximum display area of building Maximum number of building-
per separate premises mounted and canopy-mounted signs, mounted and canopy-mounted signs,
per separate premises per separate premises
Less than 100 sq. ft. 26 sq. ft. Two
100 to 199 sq. ft. 26 sq. ft. plus 11% of RFA over 100
sq. ft.
200 to 499 sq. ft. 38 sq. ft. plus 12% of RFA over 200
sq. ft.
500-999 sq. ft. 75 sq. ft. plus 11% of RFA over 500
sq. ft.
1,000 to 1,499 sq. ft. 131 sq. ft. plus 7.5% of RFA over Three
1,000 sq. ft.
1,500 to 2,999 sq. ft. 169 sq. ft. plus 2.5% of RFA over
1,500 sq. ft.
3,000 sq. ft. or more 206 sq. ft. plus 1.5% of RFA over Four'
3,000 sq. ft.
Notes:1 Single-occupant premises with RFA's larger than 3,000 sq. ft., and having separate
departments, each with a separate exterior entrance, may have one building-mounted
sign or canopy-mounted sign per department.
(Code 2003, §3.210
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