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HomeMy WebLinkAbout1997-301\NCH WUVOLI WrOApLLOL�a�MoauwMMc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND AD VER ISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATI ITG TO THE PROHIBITION OF OFF -PREMISES (BILLBOARD) SIGNS WITHIN THE CITY O 7 DENTON AND BOTH OFF -PREMISES (BILLBOARD) SIGNS AND PORTABLE SIGNS THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND MENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS, PROVIDING A PENALTY IN THE AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Highway Beautification Act passed by the United States Congress in 1965 found t the erection and maintenance of outdoor advertising signs in areas adjacent to the Interstate Highway System should be controlled in order to protect the public investment in such highways, to promote $he safety and recreational value of pubhc travel, and to preserve natural beauty. and WHEREAS, in 1981 the United States Supreme Court in Metromedia. Inc v City of San Diego, 4�3 U S 490 held that the underlined language above constitutes substantial governmental goals anq that aesthetics and traffic safety are public purposes sufficient to support the regulation of signs, including a ban on off -site commercial signs, and WHEREAS, the construction of signs, billboards, and other outdoor advertising structures can present s ctural hazards which threaten the health and safety of the citizens of the City of Denton by creating i npediments and dangers to traffic along thoroughfares and easements, and WHEREAS, the control of siting and placement of signs, billboards, and other advertising structures will promote and enhance the efficient and safe use of public thoroughfares, and WHEREAS, the continued construction of off -premise signs leads to the dimmution of property Wties for adjacent properties and thereby adversely impacts on the taxable value of such affected properties, and WHEREAS, the continued construction of off -premise signs causes increased risk of distraction and danger to citizens driving and walking on streets and thoroughfares, and HEREAS, portable signs present special traffic hazards when towed on public streets or on public rights -of -way and present dangers to the health and safety of the citizens of the City i because of their propensity to be blown about if not properly anchored, and V�f EREAS, Chapter 216 of the Local Government Code was adopted by the Texas Legislate a to provide a procedure for regulating off-prermse signs and the courts have been called upon to review the application of Chapter 216 and to date no authority exists finding such sign regulations to be invalid, an WLM_RFAS the danger to the driving M bhc in our region of the State from distractions when two cars collided while their drivers were tr n} ng to read off -premise signs, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by revising the definitions of the terms off -premises sign, on premises sign, and sign in Section 33-2 entitled "Definitions" by defining such terms to read as follows Sec 33-2. Definitions. Of -premises sign means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on winch the sign is located On premises sign means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity A sign which promotes or displays a political, religious or ideological thought, belief, opinion or other noncommercial message shall be considered an on-prenuses sign Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform "One sign" or "a sign" means any number of signs located on or supported by a single or common supporting structure SECTION II That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by adding a subsection (12) of Section 33-4 entitled "Certain prohibited signs" to read as follows Sec. 33-4. Certain prohibited signs. It shall be unlawful for any person to erect, install, construct, display, maintain, reconstruct, place, locate, relocate or make use of any of the following signs for advertising purposes [See text of subsections (1) — (11) in emsting ordinance] (12) Off -premises sign Any off-preimses sign which is not a properly registered nonconforming off-preimses sign as provided for in this chapter SECTION III That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by adding a subsection (4) to Section 33-91 of Article III "Nonconforming Signs" to read as fgllows Page 2 Sec.33-91. Definition. A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this chapter applicable thereto, is not a temporary sign and [See text of (1) — (3) of existing ordinance] (4) Was in existence and lawfully located and used as an off -premises ground sign pursuant to -Sec 33-182 on November 5, 1997 SECTION IV. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by revising Section 33-93 entitled "Registration of nonconforming portable signs" to read as follows Sec. 33-93. Registration of nonconforming portable and off premises (billboard) signs. On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign within the corporate lu mts, and on or after March 1, 1998, it shall be unlawful for any person to maintain any off-prermses (billboard) sign on any premises within the corporate hnuts and both portable and off -premises (billboard) signs within the extraterritorial jurisdiction of the City of Denton without having a valid registration tag affixed thereto as required in this section as follows (1) Application. To register a nonconforming portable or off -premises (billboard) sign, application shall be made to the building official on forms provided for that purpose The application shall be accompanied by the payment of the applicable fee, as established by the City Council and on file in the oMce of the city secretary, and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement and any other information reasonably required by the building official (2) Issuance of registration tag If the budding official determines that the portable sign or off - premises (billboard) sign is a lawfully nonconforming portable or off -premises (billboard) sign, he shall issue a registration tag to the applicant The owner of the sign shall cause the tag to be affixed in a conspicuous place on the corresponding portable or off -premises (billboard) sign registered (3) Removed or destroyed signs Any owner who removes or causes the removal of any validly registered nonconforming portable or off-prermses (billboard) sign from any premises shall, within five (5) business days of its removal, report the removal to the building official (4) Invalidation of registration The building official shall invalidate any registration tag for a nonconforming portable or off-prermses (billboard) sign when a It is removed from the premises for any reason, b It has been damaged or destroyed so as to lose its nonconforming or off -premises (billboard) sign status as provided in this chapter, Page 3 c It has become an abandoned sign SECTION V That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by revising Section 33-95 entitled "Destruction, repau" to read as follows Sec. 33-95. Destruction; repair. (a) Any nonconforming portable, attached or ground sign, including its supporting structure, which is blown down, damaged, dilapidated, or deteriorated, or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign, shall not be replaced, repaired, or renovated, in whole or in part, if the cost of such replacement, repair, or renovation is in excess of sixty percent (60%) of the cost of erecting a new sign of the same type at the same location, including its supporting structure, unless such alteration or repair makes the sign conforming No person shall repair, renovate or alter a nonconforming sign without first receiving a sign permit (b) The budding official may, whenever he deems necessary to reasonably determine the applicability of subsection (a) of this section, require the owner of the nonconforming sign to submit two (2) or more independent estimates from established sign companies of the cost of replacing, repairing or renovating, in whole or in part, the existing nonconforming sign and two (2) or more independent estimates from established sign companies of the reproduction cost of erecting a new sign of the same type at the same location, including its supporting structures (c) The estimate required by subsection (b) shall be based on the costs for new materials for both the sign to be repaired and the new sign Also, the estimate shall reflect the reasonable and customary costs in the industry for (1) the delivery of materials and equipment to the location of the sign and (2) the cost of labor for each phase of sign construction (d) No sign or supporting structure which is lawfully reproduced, repaired or renovated as a nonconforming sign shall be increased in effective area or height SECTION VI, That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by revising Division 2 entitled "Portable Signs" and Sections 33-166 through 33- 167 1 of such division to read as follows DIVISION 2. PORTABLE AND OFF -PREMISES (BILLBOARD) SIGNS See.33-166. Prohibited. It shall be unlawful for any person to display, maintain, erect, place or relocate any portable or off-prenuses (billboard) sign on any premises within the corporate (units and the extraterritorial Iunsdiction of the City of Denton that is not a registered portable or off -premises (billboard) sign No new sign permits shall be issued for portable or off -premises (billboard) signs within the corporate limits and the extraterritorial jurisdiction of the City of Denton from and after November 5, 1997 Page 4 Sec. 33-167. Lawful nonconformity. [See text in existing ordinance] Sec. 33-167.1. Lawful nonconformity from November 5,1997. Any portable sign lawfully existing upon any premises within City's extratemtonal jurisdiction before November 5, 1997, and any off-prenuses (billboard) sign lawfully existing upon any premises with the corporate limits and extratemtonal jurisdiction of the City of Denton before November 5, 1997, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premises as a nonconforming portable or off -premises (billboard) sign, if properly registered and continuously maintained in accordance with the provisions of this chapter SECTION VII, That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by repealing subsection (5)(a) entitled "Off -premises signs" of Section 33-182 since newly amended Section 33-166 prolubits such signs SECTION V1II That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IX That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION X. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances shall remain in full force and effect SECTION XI, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the A / s9t day of fiM06e r 1997 JACK MILLER, MAYOR Page 5 ATTEST JENNIFER WALTERS, CITY SECRETARY BY/J)O ,� AP VED AS O LEGAL FORM ERT L PROUTY, CITY ATTORNEY I I ,_._� i, Page 6