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HomeMy WebLinkAboutORD 1266 - ORD Relating to Signs Amending Code of ORD Portable Signs and Real Estate Signs 95 . ORDI NANCE NUMBER 1266 AN ORDINANCE RELATING TO SIGNS;'AMENDING THE , CODE OF ORDINANCES;' CONTAINING NEW PROVISIONS RELATING TO PORTABtE SIGNS:AND'REAL'ESTATE SIGNS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE, SUBJECT. WHEREAS, the City Council finds that drivers of motor vehicles can be diStracted by portable signs and real estate signs, and that regulation of their use will reduce such distractions; arid WHEREAS, the City Council finds thQ.t regulation of such signs will also promote street and roadway safe'ty by reducing the ,number of instances in which sight lines are blocked near streets and driveways, thus helping to protept persons within the City, particularly small children; and WHEREAS, the City CounciL finds that regulation of such signs will enhance the visual environt'nent.ofthe City, thus encouraging higher standards of property maintenanceandheJping to preserve property values; and, . ~ i ( l.~J WHEREAS, the City Council:f,inds that such signs, in particular, are more difficult to poli:ce than other types of signs and that special regulati ons are therefore requ,;re~ {or them; and , , ' ' '_ I : WHEREAS, the City Council has carefully reviewed the proposed regulations and has determined that they will help to correct the problems descrJbed ,above'a-nd: that,... tnrgeneral, they wtl1 promote the hea;lth"safetqr, moraJsiand welfare ~of the people.', ' , I :) \' '_, ~.; ._.:.) .-; , NOW" THEREFORE~, .;-\ !:" > ,', j-~. :_,:;, ." I" 1 _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: i.' ~ .j' - !',~.;:~ ~ .-; =. Section L That Secti on 3-'31- of the. Code of'O:rd;;nances, Ci ty of West University Place, Texas, is hereby amended to read as follows: r'-, . I ,~ I , (", I i ! l' i ; '----, See. 3-31. Defi no-; tto_ns.' -"( OJ ..,) 1 " ~ , For the purposes of this :article,; the:fo1llowing words and , phra'se:s' sha lil 'have:,themeani ngsascd be,c1 to them by this se'ction. ' "Advertising" shall mean to seek the attraction of or to di rect' th'e~ 'atte,nti'on' of the, publlc :to -any. goods, servi ces, .. :prop-er.'ty or activitywhatsoeve:r. ' " ,:: I "Commercial advertising sign" shall mean any sign where t;,:.,96 - !,' :".lIIlllllIlIlIrlll"1I 'L.lJ.C.L.!' 'I'. ." ,., , '. the matter displayed would be used for advertising the name of any business, or for advertising any service or product, or offering for rent, but shall not include real estate signs or institutional signs as hereinafter defined. .:. .IIDisplay Area"means the sutfacearea of a sign included within a rectangle or.'6ther border, and'alsoincluding any facings extending'beyondthe border and any cutouts within the border. Uprights, 'backings and supporting' structures are not included, unless they are used or designed to display a message or to attract the attention of the public, in which case the areas so used are included in the determination of the di spl ay area'. j. " " , "Groimd sign" shall mean any sign that is erected on the ground and is independent; of' any: ether structureiother than for its own fer: sl:Jj!>port. " ",'/' . . . . "Institutional!si,gnU,shall'mean any sign having a total display area of less than thirty (30) square f~et with. characters, letters or illustrations placed therete, thereon or thereunder, by any method or means whatever, showing . names, activities ands,ervices previded in any church or other nonprofitih~titutibn, but shall n6t include a pertable sign' as hereinafter defined~ "0versiied real estate sign" sh~ll mean a real estate sign with any of the following characteristics: (i) a total height exceeding five feet;: "(ii)' a display area on any single face exceeding 'eight (8) square feet; or (iii) a total display area exceeding 16 square feet. ' "Portable sign'. 'shall mean; any sign designed Or constructed to be easily moved from one location to another, including signs mo~nted upon or designed to be mounted upon a trailer, bench, wheeled carrier, motor vehicle used primarily to display a sign, ~r other mobile structure. A portable sign which has its wheels removed shall still be considered a ~~rtable sign hereunder.- 'T~ailer si~ns and signs on benches are examples of portable signs hereunder. "projecting sign" shall mean any sign projecting at any angle from the outside wall or' ,wans of' a building.' II Real estate si9n,1I shall mean any sign where the matter displayed thereon shall be used solely for the purpose of offering for sale, for lease or 'for rent the exact property o'n'which ,such sign' is; :p1a:'ced. ' "Roof sign" shall mean any sign or portion of a sign extending above the lowest portion of the r.oof, or 'erected on the 'roof of any bui 1 di ng.: IISign" shall mean'ariy' outdoor display, design, pictorial o,r other-representation, which shall be so ~ U o LJ '," 97 u constructed, placed,-attached, painted, erected, fastened or manufactured in any manner whatsQever so that,the same shall be used for advertising. The term "sign" shall include the sign structure or vebicle to'wbich it may be connected or affixed, but the term "sign,lI.shaJl not include any object until it remains stationary for three hours or more. "Snipe sigmU shall mean any small sign of any material, including paper, cardboard'" wood, and metal when such sign is tacked, nailed or attached in any way to trees or other objects, and where such sign does not apply to the premises where it is located. "Wall signU shall mean any sign erected parallel to the fact of, or on the outside wall of any building and supported throughout its length by such wall or walls, or any sign in any manner applied flat against a building wall or parallel to a building wall, if not over three (3) feet distant therefrom at any point." Secti on ,2. That Secti on 3~35 of the ,Code of Ordi nances, City of West University Place, Texas, is herebY' amended to read as follows: lJ Sec. 3-35. Generally. (a) Within the City limits, except as authorized by a valid and unexpired permit issued pursuant to this section, it shall be unlawful fo:rany person to erect, post, paint, alter, install, place or otherwise create a commercial advertising sign.' , (b).' (1) "Wj,th;in the City limits, excepta~ authorized 'by' a vandand unexpired permit, issued~ pursuant, to this section, it sh'a1-l\ be, unlawful for: any' person:, , ':(-i') to' erect 'or p 1 ace:- a port~b 1 e' sjgn; ( i i)- to\ use" possess, or contro 1 a portable sign; or., , ,'" (i i.i >). to :possess' or control any premi ses ,- , upon: wh-ich,'a, 'portab-le ,sign ;'s :located. ',', (2) InanYi proceedi:ng -to enforce., th,is: ,subsection, it shall be an affirmative defense that the portable sign in question was not v,isible from any point upon a publiC street. (c) Wi thi n the, CHy 1 imi ts" .it shall, be; un 1 awfu 1 for any person': ,- I '; , '. (,i) to erect, or, ,plaq~- 'an oversized real estate , ' , sign; .. 1 .' ' : '(ii): to use~ posses~, or control an oversized re:a l'es:tate s i,gn; ~r (iii) to possess or control premises, upon whtch,an o,versized real estate sign is I .lo.cated. ;'. , (d) (1) To obtai,n a permit for a sign, a person must , I r: i I i l '-.-- ~->--......OO ~ ....ll....l..1J.l . II~ . __IIIHIIIIIlJ1Ilf..1I j LliI!.!.JJ I, . II I , I , 98 apply in wr'iting' to the building official. The application if ,must be accompani ed by the fee prescri bed by' the Ci ty Council i Ii and by a drawing'oreraw,ings'showing the dimensions of the I ~ s'ign, the location on the lot~ 'dimensions of lot lines and ~ other structures, ,and ~etailsof tonstruction,materials and des,i gn ~ " (2) The buildi~~ official shall only issue ,permits for those', commercial ,advertising signs which appear to be in complete cOli1pl i ante wi tha 11 ordinances of the City. (3) The building official shall only issue per!'1i t~ for those, portab 1 es i gns ' wh'ich: ' (i) ~appear to~ be in complete compliance with al10rdinances'of the City; , (i i:) are, to, be constructed of wood with a total display area not exceeding 64 square feet or fabric with a'total display area not exceeding 160 square feet, with a lightweight, non- - 'permanent des i gn';, (iii) will not be'mounted upon wheels or other mobile structure; and (iv) are to. be use~:rsolely in' connection with athletic:events~ festivals and similar events 'conducted' 'by a, governmenta 1 or non-profi t organization; C ' provided'that no more'than two: permits for portable signs may 0111 be issued for any given premises'during any period of 365 consecutive dayS and provided further that a single permit may include no more than one wood sign, one fabric sign and, for that time period not exceeding 72 consecutive hours when the event or' festival is actually being held, miscellaneous wood or fabric Signs within a'defined area upon the premises where the event or festival is held. (e) Permits for' commercial advertising signs are valid for the saine time': 'period as building permits generally or until 'revoked.' Permits'foY' portable signs are valid until revo ked or uht il they expi re by thei r own terms, but in no event longer than 60 consecutive days. No permit shall grant any property right or vested right, and 'all permits remain subject to revocation, amendment or suspension at any time. (f) A failure to co'mply with any applicable ordinance of the City shall be grounds for revoking a permit. The building inspector 'shall be authorized to revoke permits in such circumstances.' ' It shall be the responsibility of the a,pplicant and any.per'sonassert;-ng ,the validity of a permit to comply with all such ordina'nces, and this responsibility may not be waived by the.issuance of a permit or by any other act of the building official. u , 99 u (g) Whenever, a'person has made application for water, sewer, gas, electric or.garbage'service to any given premises, as indicated by.the/customer billing records'of the City or other public utility, and if there is no record of such service bei,ng: the,reafter tr.ansferred to another person, it shall be a rebuttable presumption that the person who made the appl ication tontroTs, both. the premises and any signs' , located on the premises. Section 3. That Section 3':"40 of the, Code of Ordinances, City of West University Place, Texas, is: hereby: amended to read as follows: . I j .. Sec. 3-40. Location restricted to business district. Commercial adver.tising s.igns",wall signs" roof signs, projecting signs and ground signs shall not be permitted in any district i.nthe city other than the commercial district or the professional and,busi.ness, office building district as defined' by the zoning:.ordinim'ce of the City. .. o Section 4. That Secti.on. 3;"41. of, the. Code of Ordi nances, City of West University Place" Texas, ';,5. hereby, amended to re,ad as follows: Sec. 3-41. Use in residential districts restricted. No ,commercial adverti~ing sj.gn .other than institutional signs shall be permitted. in, a,ny residential, district" except one nonilluminated real estate sign and except, during construction of a building~~one. nonilluminated sign, not to exceed. eight '(8): square feet ,of 'display area'on any single !face, advertising' contrac:tors' or, 'arch-itectsi and located upon the. s'ame pr:em:i'ses', wi-ths'uch bull di ng'. , , Section' 15." . That Section- 3:-,50' 'of the, ,Code,~ of Ordinances, City -of West Uni vers i ty Pl ace,1 Tex:as~,1 j s: Ihereby amended' to: read as, fo llows :') '. , Sec. 3-50. Condition and appearance. (a) Every, sign shall be kept in good condition as to structure and' appearance." ,The ,ground space within " a, rad~u:s ofi 'ten ,(:lO).~:feet, .from ,the base, -p;f, 'any, advert;i sing: s i gnstr.ucture sha.ll. ,be, kept free and clear"of :all weeds', :rubbish:and :inflammabJe mater;i-a:l." ,i' - :; " " ' , (b) ,An openspace.,of .at'least four (4) feet in height shall be ma~ntai~ed between the bottom of all ground signs and the ground, except for the . j "r supparts, fer: ':such -sj,gn,whi ohsha 11 not occupy more than ten. (lO)percent of .such sp.ace . This subsection shall not apply to institutiQnal and real estate signs. 8 ._~'lll1TTIITTlITT"lh" 'L-I!I:::::l .......---~~~. ......--r"'"-,--~~-~---r. '100 Section 6.(a) ,This ordinance applies only.to violations'committed on or after the effective da.te'ofthis ordinance, and a violation committed befere the' effecti ve date is gov'erned by the ordinances in effect before such effecti ve date.' Such' ordi nances are, cont i nued in effect fer,such purpese-as'if this ordinant~,were not in force. For putposes,of;this section', a yiolation is committed on or after the ~ffectivedate of this ordinance if'any element of the violation occurs after the effective date. . (b) The new regulations applicable to portable signs and oversized real estate signs in'this, ordinance do not apply to any such sign existing on the effective date of this ordinance until the 91st day following the effective' date of this ordinance, but only for so long, as the s fgn is not mov~((, or~ltered. (c) Until another fee is established by the City Council, the fee for the issuance of a portable si gn permit shall be the greater of: (i) $10 or (ii):$0~10'per square foot of display area of signs permitted for times when the event or festival is not actually being, held. plus $5.00 for all miscellaneous signs within a ,defined area when the' festival or event is actually held (if they are included in the permit). Sectibh 7~ 'All ordin~~~~s:and'~~rts 'ofbrdinances in conflict herewith are hereby'repealed-te; the ext~nt of the conf,lict only. ~ ' ' , , ) -' . Section 8. If any word,' phra.se, c"lause, sentence" paragraph, section 'or other. part of this nrdinance, or the, application thereof to any person or circumstance', shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction,. the remainder of ' this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or' other~ part of this ordinance to any other persons or ci rcumstances shall nO,t ,be effected thereby. Section 9. The Ci:ty Gounpil pff;j~ia)ly 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, 'g';:venin the manner required by the Open Meetings Law, TEX. REV. CTV'~ STAT. ANN 'art. 6252-17, as amended, and that each' such meeting has been open to the public as required by law at all times during such discussion, con'sideration and action. The City Council ratifies, appr:oves :and:confirms such notices and the cOhtehtsand posti,ng thereof. . i ' . Section 10. This ordinance takes effect on the tenth day following its publication, as req.ui.red by Section 2.12 of the City Charte,r.. '! l i , l \ I \ I ~ i U ~{ : i i l '-----.--' : t:01 w PASSED AND APPROVED AS AMENDED. ON FIRST READING this 8th day of September , 19~. - Counci lmembers Voting; Aye :; Councilmembers Voting-No: Councilmembers Absent: Mayor-Parks, Councilmembers Higley, Bryan, . Schwartze 1 i, , None Councilmember Cumm,ings: (resigned) , . ., PASSED AND APPROVED AS,AMENDED ONcSECOND BUT NOT FINAL READING thi s 22nd . day of, . September: ' 19~.., Councilmembers Voting:Aye: Mayor Parks, Councilmembers Higley, ':: Bryan ~_Schwartze 1 " Councilmembers Voting No: None, Councilmembers Absent: Councilmember Cummings (resigned) PASSED AND APPROVED ON THIRD AND FINAL READING this 13th day of October , 19~., Council members Voting Aye: . , Mayor Pro Tem Higley, Councilmembers " . { Bryan, Schwartz,el None ,. .. Mayor, Parks , .' :',' . Councilmembers Cummings (resign~d) . I .i' Councilmembers Voting No: Councilmembers Absent: o , ; -1 . 1 ~ i '. . ~ . \ .. . , I ,. .; -j.':. , , . , I. . l! ".! { " '.. '" I. ,Laura: C. Higley, Mayo~ Pro Tem ,.; ,j:', '.' : ATTEST: ' J . "., ~ 1 . , ~I : ,.. 1 . .; '..(.... , " , " Approved, ,as to Form: , .! . -1' l Audrey Nichols' City Secretary '; : I ' . ~ ,~ ~. \ i '. -.., '. James L. Dougherty, Jr. City 'Attorney (SEAL) ,; I, . ;',j . h. ; .1'(',' ....1 . I, o I, >' . -~ ~ j -'.. , "r ,I I I ~=::l..............._ ~_ ~ __l.<...,..m--o,. ,'.ll.....i..:LI.LlLI..:l.aLl...