HomeMy WebLinkAboutORD 3024 Amending Chapter 6 Relating to Advertising and SignsCity of West University Place
Harris County, Texas
ORDINANCE NO. 3024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, AMENDING SECTION 6-21, PROCEDURES, DEFENSES, ETC. OF
ARTICLE II, SIGNS, OF CHAPTER 6, ADVERTISING AND SIGNS, OF THE CODE OF
ORDINANCES TO EXEMPT CERTAIN POLITICAL SIGNS FROM THE ORDINANCE;
AND MAKING OTHER FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Whereas, the City of West University Place's sign regulations are codified in Chapter 6
of the Code of Ordinances; and
Whereas, Texas Election Code Section 259.003 preempts a municipal ordinance from
prohibiting, regulating, or restricting certain political signs;
Whereas, City Council finds that the amendments to the City's sign regulations are
necessary and proper to protect and enhance the public health, safety and welfare and
ensure conformance with State law
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS THAT:
Section 1. Section 6-21, Procedures, Defenses, etc., of Article II, Signs, of
Chapter 6, Advertising and Signs of the Code of Ordinances of the City of West University
Place, Texas, is amended to read as follows:
"Chapter 6 — ADVERTISING AND SIGNS
ARTICLE II. Signs
Sec. 6-21. Procedures, defenses, etc.
(a) Permit and 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.
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(b) Prior nonconformities. In any proceeding to enforce this article, 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 nonconforming.
Both the acquisition of PNC status and the loss of PNC status are determined by the
principles and procedures set out in article 12 of the zoning ordinance, except that
the BSC has the authority of the ZBA. In addition:
(1) 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.
(2) A nonconforming sign without current PNC status may not be moved, repaired,
replaced, reconstructed or altered unless it is brought into full compliance with
this chapter.
(3) On premises where there is a nonconforming sign without current PNC status,
no other sign may be placed, constructed, improved or structurally altered.
(4) Upon application of the building official, and after providing both notice and an
opportunity for a bearing to the owner of the premises, the BSC may order that
a sign without current PNC status be removed, relocated or reconstructed. If
compensation is required by state or federal law at the time that such action is
required, the order shall be conditioned upon compensation being provided.
(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 directed toward persons in motor vehicles within a street area, and no
symbols on the sign were taller than 12 inches;
(2) Did not remain in one place for three hours or more;
(3) Was located more than 30 feet from the nearest street area and completely
integrated into the design of a vending machine;
(4) Was required to be displayed by an applicable regulation; or
(5) Contains primarily a political message, is located on private real property, and
does not have an effective area greater than 36 feet, is not more than eight (8)
feet high, is not illuminated, and does not have any moving elements.
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It shall also be defense in any proceeding to enforce this chapter with respect to a
sign that: (i) the proceeding, in effect, required the sign to be relocated, reconstructed
or removed under circumstances (and at a time) when state law required
compensation, and (ii) such required compensation was neither offered nor provided
as required."
Section 2. Savings/Repealing Provision. All ordinances and parts of ordinances
in conflict with this ordinance are repealed to the extent of the conflict only.
Section 3. Severability. If any provision of this ordinance shall be held to be
invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof.
Section 4. Effective Date. This ordinance takes effect immediately upon its
passage and adoption on second reading and the publication of the caption, as required
by the City Charter and state law.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the (0—day of
12021.
PASSED, APPROV D AND ADOPTED ON SECOND READING, AND SIGNED,
on thelAay of 2021.
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