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HomeMy WebLinkAbout04032003 BSC Agenda Item 6 43 ( • • • City of West University Place APPLICATION TO BUILDING AND STANDARDS COMMISSION STATE OF TEXAS ) ( TO THE HONORABLE LOT NO. BUILDING AND STANDARDS COUNTY OF HARRIS) ( COMMISSION BLOCK NO. ADDITION 3100 uniokr��A,, e jd Now comes W. University Little (League appellant owpe of the herein described 2� property, and affirms that on the day o f March le/ she applied for a permit to erect an electronic sign to replace current sign. at NE corner of Univ. & AtAdt$a lot feet by feet, in the District, as shown to scale, with all existing structures on the attached staked survey and the Zoning Map of the City of West University Place, and to use the same as a . The permit, however was denied upon the following grounds: not yet denied, but in conflict with Sec. 3. 209 of Code . • SECTION 6.206 There, the appellant now appeals in accordance with the provisions of Chapter 6, =doff to the Building and Standards Commission to grant the heretofore requested permit, variance or exception, and to permit him to use the completed premises as a for the following reasons: For a more effective way to communicate with 900+ memebers a , - O . -rsit Little Lea•ue family and to improve appearance of sign and surrounding area. Furthermore, the sign could be available to City and West University Elementary for use in non-season. Respectfully Submitted, 713-629-5200 J. n Duff_ie Telephone Number f 3131 Darcus / ` ,Appellant& Owner vs Address 713-629-5235 . FAX i AFFIDAVIT STATE OF TEXAS ) ( COUNTY OF HARRIS) ( ,being duly sworn, deposes and says: I, the applicant named in this application have read the contents hereof, and all statements here contained e true and correct. Applicant Subscribed and sworn to before me this( L day of( _r _ , 0 oo3,. ��4�pY P�I� MICHIKO TANZAWA '_ i Notary Public,State f o Texas 4,? My Commission Expires V?∎,'i;it\s' Notary Public :� d for county Texas •.,,,����,, February 28,2007 ty DATE FILED Q°k 03 DOCKET NO. 0 )■— GI) RECEIPT NO. ! ! WEST UNIVERSITY LITTLE LEAGUE SIGN VARIANCE REQUEST SCOPE AND DIRECTION Current Use: The current sign located on the NE corner of Auden and University Blvd. Is an out dated and worn out sign in need of replacement. The current size is approximately 5'x5' and uses replaceable letters to alter message. Proposed Changes: The proposed change in use of the sign is to install an electronic sign that is approximately 2' high x 6' long with a cased aluminum cabinet on the top and bottom making it in total about 6'x6'. We have located a sponsor to help defray the costs associated with the sign and would include a landscape plan to improve the appearance. The sign runs on 1 10volt power and we would properly install electrical capacity to code. The sign is programmable by laptop computer at the site. We anticipate that we would change the message to reflect many different events taking place in our Little League during the season. These messages range from important dates, coming events, rained out games, etc. We anticipate that the sign will be programmed to go off each night at 10PM. The message maybe altered several times during an evening but not to excess so as to be a distraction. It also allows us to have different messages on each side. 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RE <,AO w L RIDGE I O /1'C) " ft SC SS� ,Rf� • (,, T CL VERDALE)• AK�� —ciI . • rn l%.<��y `644 W STRIDGE I o F' WESTRI •GE ExF i I a P ,F<` z•OCHDA E o <v p Rs • Z Q .O o� 3 I $ 1 2300 • • Chapter 3 Advertising, Canvassing, Signs, Etc. Subchapter A.Handbills Sec.3.016.Definitions. Sec.3.204.Streets and City-controlled arms. Sec.3.017.Distribution restricted;nuisance. Sec.3.205.Limits on high-clearance banners. Sec.3.018.Exclusions;newspaper defined. Sec.3.206.Nuisance;removal of unlawful signs. Subchapter B.Signs Sec.3.207.Sizes;numbers;time limits. Sec.3.201.Definitions. Sec.3208.Location,construction. Sec.3.202.General prohibitions,permits. Sec.3.209.Illuminated,moving signs. Sec.3.203.Procedures,defenses,etc. Sec.3.210.Obscenity prohibited. Subchapter A.Handbills Sec.3.016.Definitions. For the purposes of this subchapter,the term"handbill"shall include any handbill,circular, booklet,poster, dodger or any other printed matter,advertising samples or devices. Sec.3.017.Distribution restricted; nuisance. Throwing, casting, distributing, scattering and depositing handbills upon public and private property in the City is prohibited,and violation thereof constitutes a public nuisance. Sec.3.018.Exclusions; newspaper defined. (a)Mail, newspapers. This subchapter shall not be deemed to prohibit the distribution of United States Mail,nor the delivery of any newspaper to any subscriber thereof,or to any person who has requested the delivery of the same,nor to the sale of separate copies thereof. The term"newspaper"as herein used,shall be construed to mean a newspaper of general circulation which devotes not less than 25%of its total column lineage to general-interest items and is entered as second-class postal matter. (b)Permits, warnings, notices. This subchapter does not prohibit the distribution of permits, warnings,notices and similar items issued by governmental entities or public utilities in connection with government functions or utility services affecting the premises where the items are distributed,if the items are either posted on the affected premises or otherwise attached or affixed. Subchapter B. Signs Sec.3.201.Definitions. In this subchapter: Display area includes the whole surface area of a sign. All faces of a sign are counted,except that only one side of an ordinary cloth flag is counted. The area of uprights,bracings and other structures supporting a sign are only counted to the extent:(i)they are used or designed to display a message, (ii) they form a sign border,or(iii)they are otherwise designed or used to attract the attention of the public to the supported sign. If there is a border, all the area within the border(including any cutout area)is counted,plus any facings extending beyond the border. If sign symbols are painted onto(or affixed) directly to the surface of a wall, awning,window or other structure not otherwise erected or altered for sign purposes,and if there is no sign border,only the area of the symbols themselves is counted. Example: Letters and numbers are painted onto a load-bearing wall not otherwise altered for sign purposes. There is no sign border. In this example,only the area of the brush strokes forming the letters and numbers is counted as display area. Fixed. A sign is "fixed"if it is: (i)made entirely of rigid materials, and(ii) designed and affixed to be a permanent,non-moveable sign. A flag is a"fixed"sign if it is attached to a rigid pole or other rigid device. Ground sign means a sign affixed to the ground directly and independently of other structures. High clearance banner means a banner meeting all of the following criteria:(i)it is made of non- rigid materials, (ii)it is displayed above a street area,but no part of it is lower than 15 feet,and(iii)it is not attached to any pavement or facility owned by the City. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 3-1 • • Non-Fixed. A sign is non-fixed if it is: (i)made of non-rigid material (e.g.,cloth,cardboard,paper, pliable plastic),in whole or in part, (ii)designed and attached so that it can be immediately picked-up and moved by a single person of ordinary strength,without using any tools. Residential impact site means any given site,neither used for SFR purposes nor located on a major thoroughfare,but having a front street line along a street where 51 percent or more of the sites in the "impact area"are used for SFR purposes. The"impact area"includes all sites with front street lines along the same street(counting on both sides of the street)and located(in whole or in part)within 200 feet of a side property line of the given site. Retail unit means a whole building or part of building which: (i)is separately owned or leased, (ii) has a principal entrance visible from a street area with direct access from the street area(or through a common use area open to the public), and(iii)is primarily used to sell goods or services,in person,to members of the general public. In a typical shopping center,for example,each ordinary store would probably be a separate"retail unit",but an ordinary business office would not be a separate"retail unit". Rigid materials includes: (i)materials which are always rigid and(ii)other materials which appear to be taut or rigid when on display,even though they may be designed to bend,stretch or break under wind loads or other unusual stresses. SFR means single-family residential. Semi-Fixed. A sign is semi-fixed if it is: (i)made entirely of rigid materials and(ii)designed and affixed so that it does not move while on display,and(iii)capable of being immediately picked-up and moved by a single person of ordinary strength,without using any tools. Sign has the same meaning as in Chapter 393,Texas Transportation Code("In this chapter, `sign' means an outdoor sign, display, light, device,figure,painting,drawing,message,plaque,poster,or other thing that is designed,intended, or used to advertise or inform.") The term includes any structure, vehicle or other object which has the principle purpose of supporting or displaying a sign. Each physically separate display is considered a separate sign unless:(i)it is solidly joined connected with another display(or a structure)to form a compact and contiguous sign unbroken by internal borders, frames or other divisions,or(ii)it is enclosed within a frame or border designed to form a unified sign. Symbols includes letters,numerals,pictures and other symbols used to communicate a message. Temporary. A sign is temporary if,on the same premises,neither it nor any other non-fixed sign is displayed more than: (i)two times during any 365-day period, (ii)one time during any 30-day period,and (iii)72 hours each time. For this purpose,"premises"includes the entire building site,unless there are two or more retail units on the site,in which case each unit is considered separate"premises". Sec.3.202.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; (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. (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; (2) to use, own or control any place where and when a fixed sign is erected,placed or structurally altered. Sec.3.203.Procedures,defenses,etc. (a)Permit&License Procedures. The procedures prescribed by this Code for administering building permits (including issuance,revocation, suspension,transfer,etc.)shall also apply to permits under this Chapter. The Building Official may modify forms, etc.,to conform to this Chapter. All actions of the Building Official under this Chapter, and all applications for interpretations or variances, are subject to the authority of the BSC in the same manner as similar,building-related actions. (b)Prior non-conformities. In any proceeding to enforce this subchapter, it is an affirmative defense that,at the time of the offense,the entire sign in question(or at least the aspect of the sign alleged to be in violation)had status as a prior non-conformity. Both the acquisition of PNC status and the loss of PNC status are determined by the principles set out in Article 12 of the zoning ordinance. Changing only the face of a sign, or only the message, does not alter the PNC status of any sign,provided there is no structural alteration or other change. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 3-2 • • (c)Other defenses. In any proceeding to enforce this Chapter(but not in a proceeding to enforce state law such as, for example, a proceeding involving a sign on a public road),it shall be an affirmative defense that the sign in question: (1) was not primarily directed toward persons in motor vehicles on a roadway within a street area, and no symbols on the sign were taller than 12 inches; or (2) did not remain in one place for three hours or more; or (3) was located inside a building and directed toward persons inside the building; or (4) was located inside a building and did not remain in one place longer than seven consecutive days; or was required by ordinance or by any state or federal law,rule or regulation. Sec.3.204. St eets and City-controlled areas. (a)In g,neral. It shall be unlawful to erect,place,alter or maintain any sign in,on,or over any street area t other area owned or leased by the City,unless the sign is: (1) an official sign in a street area authorized by the traffic control officer; or (2) an official sign in a non-street area authorized by the appropriate City official(see,e.g., Chapter 18); or (3) a sign specifically authorized by motion,resolution or ordinance adopted by the City Council. (b)Public roads. As provided in Chapter 393,Texas Transportation Code, signs not authorized by state law are prohibited on a public road right of way, and any permit issued for a sign in violation of said Chapter 393 is not effective. For this purpose,a high-clearance banner has been determined not to be "on"a public road right of way within the meaning of Chapter 393. (c)Interference,Etc. It shall be unlawful for any person to interfere with or obstruct any sign authorized by the City in a street area or other area owned or leased by the City. (d)Presumption of maintaining. When a sign is: (i)located in, on or over a street area or other area owned or leased by the City, (ii)has no obvious official purpose,and(iii)has an obvious connection to a nearby or abutting site,it is presumed to be maintained by each person who controls that site. Sec.3.205.Limits on high-clearance banners. (a)Registration. No high clearance banner may be displayed above a street area unless it is effectively registered in advance with the traffic control officer. The traffic control officer may prescribe forms and procedures for registration. Registrations take priority in the order made,but a registration is ineffective if made more than two years in advance. (b)Annual, individual limits. After 12 banners are registered for any given calendar year,no further registrations for that year are effective. No high-clearance banner may be registered for,or displayed, for more than 30 days(aggregate)in any calendar year. No more than two banners may be registered for display at any given time. (c)Locations. Banners may only be displayed above Buffalo Speedway,University Boulevard, Edloe Street,Auden Street, or Weslayan Street. (d)No City involvement. No City officer or employee may place or attach high-clearance banners. This shall be the responsibility of the person who registers the banner. Sec.3.206.Nuisance; removal of unlawful signs. Any sign which does not comply with the Chapter, or which exceeds any limit imposed by this Chapter,is declared a nuisance. The building official has the authority to have removed any such sign,if the City has a right of access to the place where the sign is located. The cost of such removal shall be paid by the person owning the sign, and any person who erected,placed or maintained the sign,jointly and severally. Sec.3.207. Sizes; numbers; time limits. (a)Sizes, numbers, etc.. On each building site,the limits on the maximum number and sizes of signs are prescribed in Table 3-1. (b) Ground signs. No ground sign may occupy the space from two feet in height to four feet in height,except for the supports for such sign which shall not occupy more than ten per cent of such space. This does not apply if the sign is located at least five feet from the nearest roadway, driveway or public sidewalk. CHARTER&ORDINANCES, City of West University Place, Texas, June 30,2001 Page 3-3 • • i (c)Maximum height. No part of any sign may have a height greater than 25 feet. Exception: signs painted on, or affixed directly to,the surface of a wall may extend as high as the wall,if the sign does not face any site within 200 feet that is used for SFR purposes. Sec.3.208. Location,construction. (a)Generally. 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. (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 commercial business, or advertising anything for sale or lease,must be located on the same building site where the commercial business is conducted,or the same building site where the thing is actually for sale or lease,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:(i)upon a street area, (ii)upon any site used for SFR purposes or(iii)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. (d)Condition and appearance. Every sign, and its screening,shall be kept in good condition as to "-- structure and appearance. 5 Sec.3.209.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. All parts of all signs must be stationary when in use. It shall be an affirmative defense that a flag or non-fixed sign was caused to move only by the wind. ��Sec.3.210. Obscenity prohibited. No sign shall in any way display any word, statement,character,or illustration of an obscene or indecent nature. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 3-4 • f Table 3-1. General Rule:On a site outside a street area,any sign exceeding any applicable Sign Sizes,Numbers 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 used Applicable to residential Applicable to all other sites for SFR purposes impact sites Fixed Maximum None© Two plus one per retail Three plus three per retail number per site unit unit Maximum None 0 3%of the site's area 5%of the site's area(total display area (total per site) per site) Semi-Fixed Maximum (No limit)0 One® One© number per site. Maximum 4 sq.ft.per face,8 sq. 6 sq.ft.per face, 12 sq. 8 sq.ft.per face, 16 sq. ft display area ft.per sign OO ft per site® per site Non-fixed Maximum (No limit)0 One,if temporary.© One,if temporary.© number per site Maximum 4 sq.ft.per face,8 sq. 12 sq.ft.per face, 1.5% 32 sq.ft.per face,2.5%of display area ft.per sign© of the site area(total,all the site area(total,all faces)® faces) Notes: U Flags on SFR Sites. On sites used-for SFR purposes,an unlimited number of ordinary cloth flags may be displayed. ® 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 festival permit may be issued for any given place in any 365-day period, and the maximum term of a permit is 10 days. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 3-5