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HomeMy WebLinkAbout11-10-1992 k Y I 1 ~ r I i I i I i ' I ikaundaND. AGENDA LothL. -~v -90~- CITY OF DENTON CITY COUNCIL November lo, 1992 Work Session of the City of Denton city council Oil Tuesday, November 10, 1992 at 5115 p.m. in the Civil. Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be eonsideredt 5:15 p.m. 1. Executive Sessions A. Legal Matters Under Sec. 2(e), Art. 6252--17 V.A,T,3. 1. Consider action in Coats v. City of Denton. D. Real Eotate Under Sao. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Hoard Appointmento Under Sao. 2(g), Art. 6252-17 V.A.T.S. 2. Receive a report and hold a discussion regarding amendments to the sign ordinance and give staff direction. 3. Receive a report and hold a discussion regarding the platt.f-q process and give staff direction. 4. Receive a report and hold a discussion regarding Layl.or fund allocations. 56 New Business This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that tho above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1992 lit ---o'clock (a.m.) CITY SECRETARY I I jI f~ 1 i. I Agenda EtE~m.._.__ _ NOTES THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCES BLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IISPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE 01' THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY fS OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDO) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY 62CRETARY'S OFFICE. ACCO00C9 I 1 I L I i L I I I I CITY COUMOIL f i I C! D♦ 4 rt a " I ~~Mr0 i' food CITY COUNCIL Ndp oar a# , , o0 o a e 0~~~'o N Y ~+QOO I ICI k I :i II 1 $ f' 1 C kondaNo, QTY COUNCrr R bnam ~DRnd~~~9R1 To: Ma Yor and Members of the Cit 7x_~~ rr f FROM: Y Council ~ / Lloyd V, Harrell, city Manager SUBL7ECT: PLATTING PROCESS amending they I continue Subdivision tandpr.Lands of adopting Chapter 34 an ordinance k of the code of velopment attachment 1, Ordinances, Regulations, j accordance with I SUMM88Y= See Attachment 1, ~ .~llai 1 ~ Ro 7 e f 1state law embodied in chapter 212 ` rques rthat plats must be 1approved 2 O f he if Local Government code adopted gulations. see Attachment they comply with Chapter 212, ?t an excerpt from 24 Council makes the regulation., ~ 3, plat approval Maki npproval is an administration act. g or a legislative act. Accordin 1 It is not a policy and in order to streamline the process, it has been recommended that Council need not consider plats. See Attachment 3 4, There are limited areas in which for others rule., Judgements when the applioation of rlatifind aces are precisely or numerically spelled out. wit respect to the For instance not and b) of approval of variances to the Legulatiansh doctrinedetermination associated with the ''reasonable nexus" I at variances. The consideration of regulations is a quasi a variance to the approval of such judicial act. The criteria for regulations, For r nces are embodied in weeks ago concernin example, the variance a the pprg ROW dedication on Paci ic,oved two b' "Reasonable aexur'~ f improvements Acatrine. Requirements to rovem to property bein provide y related to the needdeveloped must be development. For instance created t he Development Review Ccmmina case now under review ttee rec Loop 288 Construction developmenthofh radio ante nae, not be ommending that required for u i r I , City Council Report Page 2 i Development in Older Areas, Redevelopment In order to facilitate the development and redevelopment of older parts of Denton, to streamli.rie the development process and to i eliminate unnecessary regulation, it is recommended that unplatted land which was subdivides' before Denton adopted subdivision (platting) regulations, and upon which a single family house would be built on an existing street not be required to be platted. See Iitems numbered B and 9 on attachment 1. I The Planning Director, City Engineer, and Assistant City Attorney are currently reviewing ordinance language which would embody the items listed in attachment it ~CKGROUNDi 1. P&z and Council indicated to staff by consensus in work session in the spring of 1991 that development of an ordinance according to attachment 1 be continued. of the 2. GCouncil oldfield rplat wbriefing, in work t session, on April t21, 1992, 3. tr20, 1992, ormation concerning the issues Hopkins, Perry, addand ressed. asked for inf 4r briefings The nwithudevelopment interests 1 The latest briefing was October 23, 1992. that eetinealathere was a ble to Council. Previous Z legal denied advice should be app concerning "questionable", unlsjsss all plats would be reviewed by Council pROaRAMS DEPARTMENTS OR GROU3 AF~Es Development interests. F1 SCAL___ 'bST = None. . U F. r is I~ j City Council Report Page 3 _ 59 i Respectfully submitted: i Prepared by: o d Harrell / City Manager rank obbine AICP 11r, 110. 1 Executive Director Planning and Development Attachments: 1. Summary of Amendments 1 2. Standards for Approval in LGC. 3. others approving bodies. I I I r i J i I I i ' I i I I I AXX0022A I I I - hUl I 1 M I Vale 4 ( hl 1 1 \ PLRTTINa PROOSSLaNDKENTS SUMMARY 1. 27 Oct. 92 LMIAT )S 9ROPOSFD ARTItMIAU 1. "Minor Plats.• Four or less tot Decision by PAZ. Staff approval. PAZ to deny. New enabling legislation. Eliminate subdivision with less than 5,ODO ADT and redundancy. Saw time, no utility or road extensions. 2. One or two family rapists with public Decision by Council. PAZ Eliminate redudancy. Saw time. ' hearings. 3. Other reptats, not minor plate. Decision by Council. PAZ 4. (Mijor) Final Plats. Decision by PAZ. PAZ 5, Prellmlnhry Pitta. Decision by Cavell. Staff approval. PAZ to decry. Eliminate redudancy. Saw time. Preliminary plot with City participation. Decision by Cavell. Staff. Council will still approve participation Eliminate redundancy. Sow time. expenditures. council should know about and approve furling in support of development. 4. Variances. Decision by Counell. PAZ Eliminate redundancy. $aw time. 7. General Development Plane (GDP's). Declelon by PAZ PAZ No chin". a. Development an a single tract aubdlyldtd Required to plat. Platting not required. Equity and fairness. Infrastructure in prior to January 1, 1960 (befora Denton Decision by PAZ or piece. had subdivision regulations). Council, . 9. Single family or d>,ln+x devalopnent on a Requ';ed to plat. Required to plat. No further exactions. Del•',opent exmatlons only to meet need single tract with streets, utl(i:1as, and Decision by PAZ, lp i rated. drainw in place. 10, Additions or attoratiana to an existing Required to plat, Platting not required. Development exactions only to meet building, no drainage, street, utility, Decision by PAZ. reed, Property lines art known. additional parking, curb cut, or street access chargee rsedad. + 11, subdivision or development in the Platting and exactions Platting not required. Consistency with Attorney general extraterritorial Jurisdiction, on a required. Decision by opinion 1100. dedicated road, no uclIIty extensions PAZ at Covell. necessary, 12. subdlvlaion, no development, Inside city platting and exactions Convtymct plat. No exactions. Infonmatlonal notes on Development not yet occurring, t. limits ((CLled sate. Lot site between required. Declsian by the plat about requirements for final plat and possible exactions not wessary. conw4 fMot , 5 and 39.9 acres. PAZ or Council, exactions. platting Information to buyer. 13. Subdivision, no development JCL, land Platting and exactions Platting not required. No demand for Infrastructure. o u site. Lot site 40 or more acres. requlred. Dwlsion by buildsrq so let lines not rse sac PAZ or Council, Forty (4b) scree from nsgotlat4 between developers and TML In 1 W. vN , i j AAAOOS50/1 !1 PLUTING! PROCE88( EBDXMB 6014lMY t, 27 Oct. 92 1RIAT Is PROPOSED RATIOMAtE 14. Subdivision to cut out a piece of s larger Final plat an tract site of larger tracts 39.9 to 20 acres. If no The smeller the tract, the nearer tract owned by one, within being cut out, general development, land sale: building is likely to start, and extraterritorial jurisdiction or City. Development Plan (GDP) • GDP required on larger tract. Infrastructure needs are clearer. on larger tract. - Conveyance plat, if scut out" is at least five (5) acres in site. Final plat, if "cut art" Is leas than five (5) area. If Development on "cut out:" - General Development Plan on larger tract • Final plat on Neut out" Implements two-range planning In Site of larger tract: 40 4 acres. If no developmmt: private sector. - Plotting not required if development on "cut-out:" - GDP larger tract • Final plot on "cut outs" IS. General Development Plan data required. Oenersl Oevelopment 19.9 Acres or less. Preliminary plat on larger tract. Plan. Final plat If development or conveyance plat, If no development. Add average dally traffic and atom water r n•off data. CaapprrOereive Infrastructure Impact Could a provided by staff. aelysis and long raryle planning. , 16. Article 21. Redevelopmmt on existing sidewalks may be Sfdewelks not required. Assessment program phrase Encaxage WILL. Sidewalks added to lots or tract exactions. exectod. Regular eliminated. list of Infrastructure not required. assesament program No "regular assessment prgi 1A." mentioned. 17. Amwtding plats to oorrett errors. Not mentioned In Allow a ,tested in state erabtin7 laws, Consistency with enabling laws. v+w regulatforu. 16. "Residential" replat notice, To all lots within Notice to lot owners within two Kindred (200) feet and Consistency with enabling laws. aubdi vision, unless within subdivision being replatted, add 20% rule and more than one hundred super-majority rule in accordance with state enabling (100) tots, then lows. notice to fly* hundred (500) foot n 'lium. 19, Public improvement guarenteeo. Required before Require before building con begin. Applicable to extraterritorial building acaU Is Jurisdiction platting where bull rg r Issued. permits era not Issued. 20, Amending pieta, four (4) or fewer lots. No provision In 7fty DRC to mpprave as minor plat. PLZ to deny. Follow state law. revelations. tij u 21, Amending plate, five (5) or more lots, No provision In City PLZ Follow state taw, regulations, to 22. City participation. No hid If City share No provision for Research underway July, 1992. See Section 212.071• Follow state tow., Is lea then 33 of total public defining means to 212.074 of IOC. Improvement price. Define means to determine share. I determine share, AA,001S0/2 't ^a'+wcec, ATTACHMENT 2 § 212.008 LOCAL GOVERNMENT CODE planning commission, the governing body of the In its extraterritorlal Jurisdiction, taking into ac• municipality. count access to and extension of sewer and. water Acts 1987, loth Leg„ ch. 149, § 1, eff. S"pt. 1, 1987. mains and the instrumentalities of public udlitiea; § 212,009, Approval Procedure (3) a bond required under Section 212,0106, If t applicable, is filed with the municipality; and (a) The municipal authority responsible for aP proving plats shalt act on s plat within 30 days after (4) It !onforms to any rules adopted under See. lion 212.002. the date the plat is filed, A plat Is considered approved by the municipal authority unless It is (b) However, the municipal authority responsible r disapproved within that period, for approving plate may not approve a plat unless been prepared as g, have c (b) If an ordinance requires that a plat be ap• the plat dan Section documents applicable, proved by the governing body of the municipality in addition to the planning commission, the governing Acts 1987, loth Leg„ ch, 149, § 1, eff. Sept, 1, 1987. body shall act on the plat within 30 days after the AmenJed by Acts 1989. list Leg„ ch. 624, 1 3.01, off, date the plat Is approved by the planning commis. apt 1, 1989, Section slon or Is considered approved by the inaction of the '%a c4,02 of tha law saes amendatory art provides; e. M commission, A Plat Is considered approved by the Local "il changes Governmen n l la made by this Act to Chapter 212 and od232, t Code, and W Section 12.402, Property Cade, governing body unless it is disapproved within that apply only to a subdivialun of a tract of land and to An owner of the period tract If the trot Is subdlvided on or after September 1, lea9," (c) If a plat Is approved, the municipal authority ¢ 212,0106. Water and Sewer Requirements In giving the approval shall endorse the plat with a Certain Counties certificate indicating the approval. The certificate must be signed by: (a) This section applies only to a person who: (1) the authority's presiding officer and attest. (1) Is the owner of a tract of land in elther ed by the authority's secretary; or (A) a county that is contiguous to an interna• (2) a majority of the members of the authority, clonal border; or (d) If tae municipal authority responsible for ap• (B) a county In which a political subdivision proving plate fails to act on a plat within the pre. has received financial assistance through Sub- scribed period, the authority on request shall issue a chapter K, Chapter 17, Water Code;' certificate stating the date the plat was filed and (2) divides the tract In a manner that creates that the authority failed to act on the plat within the any lots that are Intended for residential purposes period, The certificate is effective In place of the and are five acres or less; and endorsement required by Subsection (c). (3) is required under this subchapter to have a (e) The municipal authority responsible for ap. plat prepared for the subdivision. proving plats shall maintain a record of each appli. cation made to the authority and the authority's (4} The owner of the tract: action taken on It. On request of an owner of an (1) must: affected tract, the authority shall certify the rea• (A) Include on the plat or have attached to sons for the action taken on an application, the plat a document containing p description of Ir Acts 1987, 70th Leg„ ch. 140, § 1, eff, Sept, 1, 1987. the water and sewer service facliWes that will ¢ 212,010. Standards for Approval be constructed or installed to service the subdi• vision and a statement of the date by which the (a) The municipal authority responsible for W facilities will be fully operable; and proving plats shall approve a plat If: (B) have attached to the plat a document 1 (1) it conforms to the general plan of the mu• prepared by an engineer registered to practice nielpallty and its current and future streets, al• in this state certifying that the water and sewer lays, parks, playgrounds, and public utility facilh service facilities described by the plat or on the ties; document attached to the plat are In compliance (2) it conforms to the general plan for the ex• with the model rules adopted under Section tension of the municipality and its roads, streets, 16,348, Water Code; or and public highways within the municipality and 1 (2) must: 308 ~r nl LIL III9..rv l' IaIAT SURVEY RESULTS 1 (T(T PIAT APMWPMn AtMlOATY MINON NAT PPC".VS nM lops" W" EMR)1"WRIIIT ~xi,m Prcliminarr Man: P At I magn rrcorv;wndaik w; Oand approve No Mina plats NONE Ina; t Apnowd Ad.ninlu railveiy _ 411(m P 6 z to the Owl recommending burly Minor Nan are fa Plats With a Mrimum d 1 lots; Approved N O N E admimkMdw4p IMIk mesa; app,a.u all phu oa owsrat apRa.da; P 6 z k the mkw board Mkw( Plats sut be appi by mwnctl Swot restriction may be kaorporated Into P.U4 gaoo% P 6 z. opprum all Posh Mhae Nara mwt be approaed by council may PON 1 OarIkIN tesolvda, With tvahkork", c mparable to P 6 z rknlon's (a~44tlw f wnlnI. wiaeh Q,U Revlewl and approves preilminary plats Nerkwed and appmmed adminktnrAely NONE la Rrdewr and oppewns MM Plan , mville EALAllopuft ; E aA but Mbour PlPla Mina Plala see lot those 0,@N with 4 or lass lots; appoi oodminloutstrMy NONE bldminlstrodse Mkar Nett for Non ReM.mtW Plats with 4 loss or lass ,rWw loss ohm S o(ees! approved adcnlnWrotively { 41 Prattle P 6 7. redewa and approwa Preliminary, Fkwl and Subdivkkm Mina Plats Sulfoli Mlnnr Nau for ReaMrntW PIW with 4 Wb a Pen and/or lass NONE + than S acres; apaowd by P 111, z; Pkal and Prellminary revkwed and _ approved NmuNentranly ism P 6 z eevk" ad approves alt posts No Mtoor Pi I, A lamer of apmwal from the Home (Xfrw ' Arsoc+allon muN be wbmined _ Wm INe Awl pistol WW be Ekd ( (bsad~ Approve aN pk* No M lror Ka h NONE PP Aedewa IN plats i P 6 z r e v i r " and approve all plaer _ No Minor Koh _N O N E fOr P 6 z, revie" amts slithi all Posts No Mkror Palo NONE (Wadi Aglow ad pbb No Minor Plah NONE 1°ry P b zt Nevkw IN Ptah 1' 6 y. I(-Aem and appir" all preiindnry and HUI ruts wish appeal to CountN wl.Aln 10 days Ap'Pnav'd Adminbhstivefy NONE 80 E8 uda.m t>ord; /MPG No MMa PNb N O N E ELL Neekwe ON pkb !I nan gont Apwas Had Mass Nn Mimes Pl1ts Home 'I Li Reek" all pWa and opplom pelimlNty Pats I bud: Adwly IamAd V tit aeakw prover arN6 weird to RtNroalry lore; Minor pl1u we lot rhae pleb tMt issue 4 nr last loft: Ky'tvw'd 14cmy lima; 11ab: Mml apptwad bdy la PwNt1(aary W NW Naar NONE ! psi', Rerkwe IN bast Mlnnr Palo admMiuratNrly .11 P A z t:.lewr and apprans 1N but Whoa Nab Mina Pats are far those plan with 4lnb m ksr; /ppoved 1dminluntlwlY N a m e L { „r i `it ru u t;~ ra I { c t 1-44 -CITY COUNCIL Ilia Ii Ialll~al IIFrrrrrr fill 444 1 FFF m 114, o s o° ~0~; r o M t ~~p0. y eES^Y3rz` I l b y) mends No. _.1 a npenda Item - CITY of DENTON# TEXAS MUNICIPAL BUILDING / 216 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: November 6, 1992 TO: Lloyd V. Harrell, City Manager FROM: John F. MoGrane, Executive Director of Finance E SU83ECT: HOTEL/MOTEL OCCUPANCY TAX ~ l Pursuant to a request by Councilwoman Euline Brock, I will be presenting an overview of the Hotel/Motel Occupancy Tax collection { and uses at the November 10th City Council worksession. I As you are aware, the City imposes a seven (7%) percent tax on certain roams that are rented for sleeping purposes. These funds are then distributed to various agencies that attract visitors to the City of Denton. I Attached are copies of the relative state and city legislation j ' along with the contracts for third party agencies. Once again, I I will be giving a summary of both the legislation and the contracts at the worksession. II 1 If you have any questions, or need any additional information, please advise. .7FMadeaf Attachments i AFF00416 i .r f 8171666.8200 D/PW MET140 4342629 L tur-,K'':T~: i } i i L.:.:R4~ak 1 (t$`~iit?9 1 a!~ A,rul, No, An",Ili liom -~/-/D -9z 1 I CITY CODE i r I i i r i 1081 DFNTON CODE ARTICLE IV, BINGO GROSS RECEIPTS TAX* Sec, 1081, Levied, An annual gross receipts tax of two (2) percent on the gross receipts on the conducting of bingo games within the city i~a hereby levied and shall be collected from every person con. ducting bingo games in the city in accordance with the provisions of Vernon's Ann. Civ, St. art. 179d. (Code 1960, § 22.41) ` Secs, 1082-10,100, Reserved, ARTICLE V. HOTEL OCCUPANCY TAXI Sec, 10101, Definitions. The following words, terms and phrases, when used in this article, shall have the mean. ings ascribed to them in this section, except where the context clearly indicates a different Meaning: C'ons`!eralion means the cost of the room in a hotel only if the room is ordinarily used for sleeping and does not include the cost of any food served or personal services rendered to the occupant of such room not related to tho cleaning and readying of such room for occupancy, flotel means any building in which the public may, for a consideration, obtain sleeping accommo4atlons, including hotels; motels; tourist homes, houses or courts; lodginghouses; inns; roominghouses; or other buildings where rooms are furnished for a consideration; but not including hospitals, sanitariums or nursing homes. Occupancy means the use or possession or the right to the use or possession of any room in a hotel if the room is one which Is ordinarily used for sleeping and if the occupant is other than n permanent resident. Occupant means anyono who, for a consideration, uses, possesses or has a right to use or possess any room in a hotel under any lease, concession, permit, right of access, license, contract or agreement, other than a permanent resident. Permanent residow means any occupant who has or shall have the right to occupancy of any room in a hotel for at least thirty (30) consocutivo days during the current calendar year or preceding year, (quarterly period moans the req, ilar calendar quarters of the year, the first quarter being composed of the months of October, November and December; the second quarter being the months of January, February and March; the third quarter being the months of April, May and Juno; and the fourth quarter being the months of July, August and September. *Editor's note-By referendum on January 15, 1983, the electorate approved Ordinance No. 8305 authorizing bingo in the city. State law reforence-Bingo ei...,gling act, `Yarnon's Ann. Civ, St. art. 1794, tState law reforenco-hotel occupaney tax authorized, V.T.C.A., Tax Code § 351.001 of seq. 1 710 4t 4 1 k' a c, r~ i i PEWNCE AND TAXATION Sec. 10.100. Use of revenue derived from tax. The revenue derived from any hotel occupancy tax imposed and levied by this article may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: i 1; The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation and maintenance of convontion center facilities as such are de. fined in V,'P,C.A,, Tax Code § 351,001; (2) The furnishing of facillties, personnel and materials for the registration of convention delegates or registrants; i3} Advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; Aj The encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folic art, creative writing, architecture, design and ullicd fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording and other arts related to the presentation, performance, execution and exhibition of these major art forms; and X51 historical rosturntion and preservation projects or activities or advertising and con• ducting solicitations and promotional programs to encourage tourists and convention _ delegates to visit presen,od historic sites or museums: a. Which are at or in the immediate vicinity of-convention center facilities; or b, Which are located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention delegates or other visitors to the municipality. Secs, 10.110-10.125, Reserved, ARTicLE vi, TAx EXEMPTION FOR DESIGNATED HISTORIC SITES. Sec, 10120. Purpose, This article Is enacted for the purpose of encouraging the preservation of individually designated historic sites by providing for a reduction of the city's property true to qualifying properties. '.Ord. No. 87.189, § I(22.50), 10,20,87) Sec, I0-127, Definition, As used in this article, "designated historic site" means any structure and the land necessary for access to and use of the strurtur hick is: (1i Designated us a recorded state historical landmark oy'lie state historical commis. lion! *Cross retorence -Historic land proservation and historic districts, § 35-211 et seq 713 e fl is 1 ~ tu.. I i fS (i e § 10.105 DENTO,N CODE a li2r, _ _ > Sec, 10-105, Access to books and records, The tae assessor•collector shall have the power to mako such rules and regulations as are reasonable and necessan' to effectively collect the tae levied by this article, He shall, upon reasonable notice, have access to books and records necossary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due here. under, including documentation of information contained in the report to the city by the hotel, (Code 1966, § 23,5) A See, 10.100, Penalties. (a) If any person owning, operating, managing or controlling any hotel shall fall to file a report as required in this article or shall file a raise report or shall fall to pay to the tax assessor-collector the tax as imposed in this article when the report or payment is due, he shall forfeit five (5) percent of the amount due as penalty, and after the first thirty (30) days he shall Ibrfeit an additional five (G) purcent of such tae. However, such penalty shall never be less than one dollar ($1.00). Delinquent taxes shall draw interest at the rate of ten (10) percent per ` annum beginning sixty (60) days from the due date. h (b) Any person violnting any of the provisions of this article, Including a hotel operator who fails to collect the tax, fails to rile a return, riles a false return or who Is delinquent In the tax payment, shall, upon conviction, be punished as provided in section 1.12 of this Code. (Cudo 1966, § 23-6) Sec, 10.107. Additional penalties. The city manager is hereby authorfzed to take all or any of the following actions against any person required to collect, the tax imposed by this article and pay the collection over to the city and who has failed to rile a report or riled a false report or foiled to pay the tax. when due; i (1) Require the forfolturo of any revenue the city allowed the hotel operator to retain for its cost of collecting the tae; (2) File legal proceedings against the hotel for noncompliance; and (3) File legal proceedings against the hotel seeking any other remedies provided under E tats law, If See, 10.108, Authorization to bring suit The city attorney Is hereby authorized to bring suit agal.+st any person required to collect the tae imposed by this article and required to pay the collection over to the city and who has failed to rile a report or filed a fals^ report or failed to pay C,f- tax when due, Such suit may seek to col sect such tax not paid or to cnjoln such person from operating a hotel in the city until the tax Is paid or the report is riled or both, as applicable and as provided in the injunction, 712 i! t V I FINANCE AND TAXATION § 10104 Tax assessor-collector means the tax assessor and collector of the city, P, 7;' (Code 1966, § 23.1) p Cross reference-Definitions and rules of construction generally, § 1.2 See, 10.102, Levied; amount; exemptions, (al Except as provided in subsection (b) of this section, there is hereby levied a tax of seven 7) percent of the price paid for a room in a hotel on every person who, under a lease, conees• Sion, permit, right of access, license, contract or agreement, pays for the use or possession or for the right to the use or possession of a room that Is in a hotel, costs two dollars ($2.00) or more each day and is ordinarily used for sleeping, The price of a room in a hotel does not include the cost of food served by the hotel and the cost of personal services performed by the hotel for the person except those sea ices related to the cleaning and readying of the room for possession. (b) No tax shall be iinposed under subsection (a) of this section upon the following persons: i (1) A permanent resident; (2) A federal or state employee traveling on business; (3) Diplomatic personnel who present a tax exemption card issued by the United States Department of State; (4) Federal or state military personnel traveling on official military buslnegs, This ex. " emption does not cover military staff on leave or between stations. (Code 1966, § 2321 i See, 10,103, Collection, (a) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the city, (b) The hotel operator shrill be entitled to one (1) percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as ; rovidod In this article, if the hotel operator fails to timely pay over the tax or timely file a report as required by the city or files a false report with the city, he forfeits any right to reimbursement, (Code 1966, § 23.3) See. 10104, Quarterly reports, On the last day of the month following each quarterly period, every person required to collect the tax Imposed by this article shall file a report with the tax assessor-collector showing the price paid for all room occupancies in the preceding quarter, the amount of the tax collected on such occupancies and any other Information the tax assessor-collector may reasonably require, Such person shall pay the tax due on such occupancies at the time of filing such report. The report shall be in a form prescribed by the tax assessor,collector, (Code 1960, § 23-4) 711 I i I I { ' 7f` 5t p a~,c~ifcr°_-_ I 1 STATE LEGISLATION i i j c i i i i ~ I I r 1 ~j { STATE LEGISLATION i i j I i ' l ' i I 3l4,98t LOCAL TAXATION Tula s (2) a public health district in which the county participates, f ,7 r Added by Acts 1989, 71at Leg., lat C.S., ch. 40, 1 7, eff. Sept. 1, 1989. (1) Ssetioa 3 13i.+n or dl and ;latutnry Notes ~gmreu to t.r . (,r"w provid.. y„t _s f j ~Q ~gZ to Janu:~ r I file: :erg,:a 1989 Legislation Jyl. _ T''e -era Section 8 of the 1989 Act provides in part that term nowgy u► a tau authorized by the Act may not be imposed r (Chapters 326 to 360 reserved for expansion) ION Lesialsition The 1989 amends SUBTITLE D. LOCAL HOTEL OCCUPANCY TAXES ed;,&mcalLenms t pal;, or other go v CHAPTER 361, MUNICIPAL HOTEL OCCUPANCY TAXES lomrol4eutru k o eition facilities"; that are suable toi I` SUBCHAPTER A. IMPOSITION AND Section COLLECTION OF TAX 361.104. Allocation of Revenue; Eligible Mu- Prior Lawt Section nidpalitka, Acta 1971, 62nd 361.001. Definftlons, 351,106, Allocation of Revenue: Eligible I 351.002. Tax Authorized, Coastal Municipalities. 351,0025, Extraterritorial Jurisdiction. 351.106. Allocation of Revenue: Municipalities 1 351.002, Tax , 351,108, Tax Rates, With Population of One Million and (a) A municips 361.004. Tax Collection, Coulw$M nsger Government. concession, perm] 351.0041. Collection Procedures on Purchw of 351.107. Repealed, possession or for Hotel. Crow Rehrenen more each day, it 351,005. Reimbursement for Tax Collection Expenses. Alcoholic beverage permits and lkerases, local (b) The price of 361.008. Exemption. fee authorised under thk chapter, ere V,T.C,A, and the cwt of p, 351,007. Preexisting Contracts, Alcoholic Beverage Code, 11 11.88, 61.38, services related t SUBCHAPTER B, USE AND County hotel occupancy taxes, '(cl The tau dot f ALLOCATION 9, REVENUE Applicability where municipality Imposes 16E.101 of this co taxes, see 1862,0021d). 361.301. Use of Tax Revenue. Tax authorized, see 1 362.02 Added by Acte 198' 361,1016. Tax Revenue for Massed Space OL 3b, 16, off. At Flight Tourism Facility, WESTLAW BNctawtk Ressamb Hlea^►tesl r 361.101 Pledge for Bonds, So WE STLAW Electronie Research Guides f6 361,103. Allocaton of Revenue; General Rule, lowing the Prefsca, 1191 Leah"" The 1991 smendrn SUBCHAPTER A. IMPOSITION AND COLLECTION OF TAX +d ' k + rmanent 101 of this cods" f 361,061, Definitions Poesns a room in a i In Oda chapter. Prbr Lam (1) "Municipality" Includes any incorporated city, town, or village. Acts 1971, 82nd ; (2) "Convention ft [ter facilitlea" or "convention center complex" meaty eivio enters, Acts 1977, 86th L civie center buudLlge auditoriums, exhibition halls, and oollaeums that we owned by Acts 1991, 67th . the munkipelity or ONr governmental entity or that are managed in whole or part by Acts lees, 87th L the municipality. The term Includes parking mu or facilitles that are for the parking art, 2, 1 1: art or storage of conveyances and that an located at or In the immediate vkialty of other Acts 1969, 68th L convention center faculties, (3) "Eligible munkipshty" means a munlcipality that has a population of at test Am 1993, Beth L 1,200,000 and tbat has adopted by ordinance a capital improvement plan for Convention Veraon's Ans,Civ,r and expositisa thelliti s for the tn=4pality, 8d(b) to (d), 3s(b) and uniciipality" means a home•ruk municipality that border on has population of less than 80,000, 4 361.0026. Lxtri the Q"Ellig wasilal (6) " HOW" W the rnaanlag "signed by sacti0n 166,001(1), A municipality v (6) "Tourlrm" msi w the gttWance or management of tourists, suthor4ed under ( (7) "Tourlrt" matins an individual who travels from the Individual's reeidanoe to a Added by Acts I9el, different munleipaUty, county, "fate, or country for pleasure, nemstio4 eduCis" or culture, 1 361.00!, Ter: R Added br Aets 1987, 70th Leg„ ch. IN,1 1, ell, Sept, 1, 1967, Amdn&d by Acs 1969, Ilea Leg„ ch, im(apol"e~d it Ault' gel 1110,1 eft Ott I, 1989. y gal ~j 39ti i . LOCAL TAXATWM $ 351.003 AxAT>:ox. ?kid > I Revisor 's Note (1) Section 31; term of the c4do construction Act " means the poputation according the most ~n4' ~ population i to ~ 1 sa that th tens "population" provfd ors wierel census. 1~ i,,,it+:ted ror "site in Q ;s •^.a;t.r n .antvrm //-/41) wrmm ef~ . vJ.t6a.._._... ' ology us w m tnr Local U~c rnmrat :ode. _ 944 Historical and Statutory Notes tese Ledaiatroe Acts 1981, 67th Leg., pp, 3048, 3047, ch. 196, The 1989 amendment, in subsea. (2), substitut• art. 2, § 1; art. 3, l L ed "and colLseums that am owned by the munici Acts 1983, 88th Leg„ p, 1930, eh. A79, ¢ I. polity or other overnmenul entity or that are managed in whoale or in part by the munkippaa!(ty" Acts 1983, 68th 1,449„ p• 6196, ch. 944, ¢ 2. h for ,coliseums, and other municipal buildings Acts 1936, 69th Leg„ ch. 366, § 2, that are suitable for use u convention and expo. sition foci I,Use I and added subsece. (6) and I7). Vernon's Ann.Civ.3t, art. 1269f '1, Prior Law: 0 3NsN1), 3dis), 3e(ol(16 126 3f(a), 00#2). Eligible Mu- Acts 1911, 62nd Lou,. p, 1810, ch. 636, ! 2. us: Eligible 1 351,002, Tax Authorised Municipalities no Million and (a) A municipality by ordinance may Impose A tax on a person who, under a lease, ernment concession, permit, right of access, license, contract, or agreement, pays for the use or ` possession or for the right to the use or possession of a room that Is in A hotel, costs $2 or more each day, and Is ordinarily used for sleeping, (b) The price of a room in a hotel does notlncluds the cost of food served by the hotel licenses, local and the cost of personal services performed by the hotel for the person except for those axe V.T.C.A. services related to cleaving and readying the room for use or possession, I~ 8146, (n) The tax does not apply to a person who is a permanent resident under Section atity impous WADI of this code, I Added by Acts 1987, 70th Leg„ ch. 191, ; 1, off. $opt 1, 1967, Amended by Arts 1991, 72nd Leg„ _ ch• 328, 16, off, Aug. 26, 1991, Historical sad Statutes' Not" Notes of D"Isbp v !I arch 114Me f& 1911 Lo9lelatlon redoral eswloysoa II 81ak Officials and Mpilayses t The 1991 amendment, in subwe, (cl, wbetitut' f ad "k a ppeermaitant twident under Section 166•• C 101 of this code" for "hoe a right to use or 1. Stab dMak and M*yeea possess a room in a hotel for 30 or more days,,, grab 0lfklak or empk" tanoiiag it state PrIM Iwwl eapMe on Hass busbsw are sot easerpt from the hotel aaupana tae pprreovided foFia chtpfsra Acts 1971, 82nd leg„ p, 1816, ch. 686, # 2. IN, 351 and 362 of t!w Tax Coda, Op.Atty,flon, li civic centers, Acts 1977, 66th Leg., p. 41, eh. 26, 11. 1908, No. JM-972. owned by Acts 1981, 67th Leg., p. 9811, eh. 888, } 2 L rosknl esglaym or part b;' Acts 1961, 67th Log.. pq SM, 80447, eh. 796, A federal employee trltrelldog oa of kW btwF is parking art 2, 1 L art 3, 1. Dees w how trawl atpetwe an r imburwlk by y of other Acts 1988, 86th Leg., p. 499M, eh. 879, j 1, W "P= either on s per dlar -or actual Acts 1968, Bath Iig., p. 6196, e!G W4, ! 1, expense bash' is Dot exempt from a loos) Wool least Pf tax imw ebl of if at ionvenuo t Vernon's AneXiVAL art 1269}4,1, " age), 362 of the Tut Code whim he eoeb hotel sooom M(b) to (d), 3e(bXll, 36(5), 36tb). modndow. Op,Attydien.190, Me. J18-1080, it borders on 11141.111M Lxb**Mtorlal JuMletion A *uzl;iWty with a population of less than 85,000 by ordinance may impyooesee the tax suA64oed mnder Section 861,002 In the munJdpality's extraterritorial furledielion. esidence to a "dad by Acts 1991,12Dd Leff., ch, 328, 1 3, off, Aug. 26, 199L education, or ni."L Tax Rates ` (A) Rpt a provided by this section, the tax au thorlsd by this chapW may be 9,11st Log„ ch, imposed at any rate not to exceed siren percent of the peioe pQ for a room In a hotel. SST 36~.ASt LWAL TAXATION j (D) The rate In an eligible municipality may not exceed six Tarts ~ea~~ a room in • hotel. percent of the price paid for VIA,TA~[AfA ~ pachue. is r (c) Repealed by Acts 1989, 71st Leg„ ch. 2, § 14,23(x), eff, Aug, 28, 1989. Lftoitat d AId,d by acts 1987 "rah LPr, ch. 191. @ 1. off, Sept. 1987. Amendpd by Acts 1989, 7!st Leg.. eh. Aided by Acts 1991 Hl~tonc~l a Iteviwr'e Note 1191 Lerniauort (1) Seoticn 311.006(3) of the Code Construction Act (Chapter 311, Government Code) ,senors s I of and provide t t the term "population" means the population according to ;he most recant SerUOn and +tthholdwg of an a (2) The expired portion of Section 3e(bMl) Is omftted. § 361,005, Reim, Historical and Statutory Notes (a) A municipal 1ago 1egialatbn Acts 1977, 86th Leg., p, 41, eh. 26, § I, municipality the t. The 1988 amendment to conform to Acts 1987, Acts 1981, 87th Leg„ p. 960, ch, 366, 12, ollecollected the tax and re, 70th Lag„ ch. 200, 1 1, repealed subsea (c), Acts 1981, 87th Leg„ pp. 3046, 3047, eh. 798, (b) municip which had read; rf The 0cause "The rate In a municipality having ► popula• art. 2, § 1. art 9, § I, forfeited because tlon of 900,000 or more and a councit•manager Acts 1983, 88th Leg„ p, 4930, chi 879I L municipality. form of government may not exceed five percent Acts 1983, 68th Leg„ p, 6196, ch. 941, 1 1, Added by Acts 1987 of the price paid for a room in a hotel." Acts 1997, 70th Leg„ ch. 260, 1 1, Prior Lawt Acts 1969, 71st 1wg„ ch. 4 § 14.23te). Hbtor!<al a Ace 1971, 62nd Log., p, t810, ch. 636, 2. Vernon's Ann.C(v,$t art, Ildg-4,1, {a) ea(a), Prior Lows 3e(bpl), 3f(b), 3g(b), I) $31,068, Tax Wiloetion Acts 1971, 82nd 1 (a) The municipal attorney or other attorney acting for munkipalfty A6 1977, 66th Le against I person who is required to collect the tax imposed by chapter a ea bpaysthhee >I61.OOg. Exernl COUer `one over to the municipality and who has failed to file a tax and when due to collect the tax not paid or to enjoin the person from; o ~rt apat the tax f person o th municipality until the tax Is paid or the report filed, as applicable, ~g a hohotel by the I Added by from t9, court's order. provided by W I AYed by Acts 1988, (b) The remedy provided by this section is in addition to other availtbe romodlion, ! 30;007 , Freeze Added by Acts 1987, 70th Leg„ chi 181, 1 1, off. Sept. 1, 1987. Amended by Acts 1989, 71st Len„ chi if a Munidpality 1110, ; 2, off, Oct 1, 1.999, tax rate does not t Hiekrkel sstd 9laeutoey Notes Prior LAM Contract executed I 1191 VAewdoa rate is effect when 1% 100 ameadm_" , or In ts'subsea (a), inserted Acts I983, 68th Leg„ p. 6421, chi 1009, § t, mod}lfkadon by to "trolfect p'+o A~osse•s~n of a to Vernon s Ann,Civ.$t art 1 § 36L0041, Collection Proeedares on Purehwe of Hotel Added by Acts 1989, If it person who ls liable for the payment of a tart under this thepter Is the owner of [ • 1 and sells the hotel, the sumwe to the seller or the eeper'r ass{ withhold an amount of the pareb&" prift suflklent to r,q, the amount dad untlf the eelor provider a roe#* by a Perron des n•ted by the tnw.iopaDly to provide the rees* SUHC, showing that the amount has been paid or a Cerllf c s t , showing tMt no tats Is due, (b) The pureh•sw of a hotel who fait to withhold in amount of the purehaee price as (a) Rev Use of required by this section I. Uhl* for the amount required to be withheld to the extent of (a) Revenue iron the value of the purchase prka, trltlt(1) the and the col (o) The pum*o w of a hotel may request that the person deslgnated by the m (1) acgtrLit toWirotvidi 6 m*4 f twh ar no ~(i) issue e pond fkatoo st ~~t noottax 1Mid ~ t>1(2) the ( g, o stotaosew before a I (2) the furnbh The W by the tow kipalfty shat issue th^ MWkats or statement not convention delegt later than t1M~y after the data that the person receives the rpuest, (8) advertising (d If the patron designated by the mwrfe*Uty to provide a ro aipa under 9ubeesdon tourista and con (a) tails to issue the owtf kWA or statement within the period pmvlsd (4) encourg d by Subreetloo log i (e), I the nstrumental 99g mental 1 It Fpro or pay the the pqKba" Od~~a to WOW xho',a lfab~e Ub" lea 1 elS. pa, Mbi 1991. TM4 100, urer ^V she cY +rta wItGF to "Y P y Ch. { a hole).{ methe nt ai tr.retit ie `Jaw eS a bats of di the ve dbY due. 1991,12r+b%U(Y -,O outtr tAr, 0 etoe~t yNtote. oni idN'' a VOGM I. eueinr^►1 d "At 1911thu A~ °P4f pfllr•e thL Ack ovet t0 the l ^ i cl ate g oa errwot of the 4{kettoa £e N n smired t.0 11ec~ } Yt the o withholdl°i urMI"ettt nrdt } V°~h put notte4MO re thP to theepehoo for the who ;A y 361,00 00 the tO *ueY e~ cymbureem emeot ptovid Yrequ by th b t a the A se4o~ cojkcted Jte May ptovlde }Yo ~eeu'x of to tie 06 'aecog co mutp~t 9, tsUure top 9601 oh' 30- { 2 eVeed 1>e* 191. { 1. efS. P 1981 61tfi tAs' g046i tbI 4 Cit. S", I I c,K•i P• 61 1 {1 8e(b), ,i X6ded '961}~g Syae° 1, 61th VM 1810, ah bZbl { 2 v~ 4 168,]08 , P. { AlAA it", "th Ui i 9- 41. ch. U. 4g } 1caeed by ChaPUr 168 ~~r ae~0a %Se01066 tram that y ch}p' Sip, ~~~.~,dd Vw4 y of aoxity $04 }utho~ d { 2 eit, Se4° Si ter, the to~T~" . A o 94 rnyt tromy~ 11°t Ui.i thw ch" wm 11x4 I W by lot tiX by Abe coin a ts% e,ut °t o! the or X*w r6t f oa yyA1~iub~ to ew uM s61 i001, ?T461-W IL ,pu!~ Sot the 4s of It s cnuaicl ~1e ]98e, hs't a ~ ooa~► tax rite, peo sae W ettaet w ooatt6et tbA fio~teot brM6gp ofo to ks li 1 1 ~aoa' ant s rooms a 8i $0 Oct . 10, 1 6to& Mo 196ii 11et iii" 81511 to 881,]00 "0 toe K OF ~ rVed AoMO b1 t oa6 AND AIAAC ~,oa B UsE ~ ued °'s1'1~,; to11o`~' aer of gti1 %t 1 is y~{ad 40 v* 1 d Sol"** 1 oeau!" teas' towo0l e %bfX t p1.111+ t1ae pd } tud~s+t~°o'a aawt ayt:*ttoa o4 reoelpt (al wyit too 6w t tot o of coat/ taro for ~ JA ao, sod To to ittrect 9TW6, 0 ta~ u``' rsli°a+ ►1°~ me WOaae1, prO~W .1eia I extent of ~ y1+1 vitro 1 0006 ~Wtbe mua of 00 sad s4Vh0s s Rr►t1r0' et tioa Mk+O* e0p ° of t+~ toot, t" yaIA ko 6&0 4 0 tea, inapr°" ~ fotlt s0+ sW , b: t ant q tlM ee°°"r+te~ + t ""ti,1a b'°°°6' 999 .qoa lni ~ of a' s te), jube i 361.101 LOCAL TAXATION TWO : design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts rotated to the A Como presentation, performance, execution, and exhibition of thf.se major art forms, and a allz -i: torical restoration an i preservation projects or a=ttvities or advertisinz and to mnsider the ~K ili,'.UI W'.'.G 11c Jn i .'.171 'an.i. llf';q Ca::15 :J '!lt'~LLr1 y~? .iia:'e i3 J.:] LJf.YefiGi'❑ "I", le . I ie egates w vmit preserved historic ones or museums; ^Eartng, The n, (A) at or in the immeiliate vicinity of convention center facilities; or cth%lsdon in thi IB) located elsewhere in the municipality or its vicinity that would be frequented by it'seral circulatic tourists, convention delel;sws, or other visitors to the municipality. published in at it d (b) Revenue derived from the tax authorized by this chapter Is to be expended in a Onetal circuit& manner directly enhancing and promoting tourism and the convention and hotel industry P4bhahed in at 4 as permitted by Subsection (a), That revenue may not be used for the general revenue ev~g general t V new llert} purposes or general governmental operations of a municipals ty. not cry be e smaUer a (c) The governing body of a municipality by contract may delegate to a person, not be publlahe, including another governmental entity or a private organization, the management or advertisements supervision of programs and activities funded wish revenue from the tax authorized by location of the p~ this chapter. The governing body in writing shall approve In advance the annual budget permitted to pre of the person to which it delegates those functions and shall regsire the person to make the proposed buy periodic reports to the governing body at least annually listing the expenditures made byy i the total amours the person of revenue from the tax authorized by this chapter provided by the municipali• hotel occupancy ty. The person must maintain revenue provided by the municipality from the tax convenient to m authorized by this chapter in a separate account established for that purpose and may not eligible municip i commingle that revenue with any other money or maintain it in say other account. The Persona an oppc municipality may not delegate to any person the management or supervision of its (q Nothing in convention and visitors programs and activities funded with revenue from the tax makingg subgrar authorized by this chapter other than by contract as provided by this subsection. The expenditures un approval by the governing body of the municipality of the annual budget of the person to (1) at least whom the governing body delegates those functions creates a fiduciary duty in the person from the tax with respect to the revenue provided by the municipality to the person under the fwntract. (2) make re (d) An eligible municipality, as defined in Section 361.001(3), Tax Code, say not _other person, contract with a private organization under Subsection (c) unless the contract requires the tp Subsection organization, to select a new governing body as soon as practicable after the contract organization the takes effect and to limit the compoeidon of its governing body to not more than 54 expenditures un I members, and provides that the appointment, election, or other designation of each Added b member of the governing body be submitted to and approved by the governs body of Ad Ad by Acts 19E eff the municipality as long ae the contract Is In effect. The contract is not nW unless before the contract Is executed the private organisation amends its charter, bylaws, or Hletoricei other governing rules to conform to the requirements of this subsection., t"e lwslels" , (e) A person with whom a municipality contracts under this section to conduct an Acts 1989, list activity authorized by this section shall maintain compkte and accurate financial records form to AaL 19M of each expenditure of hotel occupancy tax revenue made by the person and, on request and 3, In sutwa of the governing body of the municipality or other person, shall make the records tourism end the c and that use is I available for Insp~eJon and review to the governing body or other parson. "for and deleted (f) Hotel occupancy tax revenue spent for a purpose authorized by"section may be aing of eubd, (3); spent for day-to-4y operations, supplles, salarke, office rental, travel expenses, and other sentence subsdtut administrative costa only if those admittletradve cafes am incurred dlrec in .the Intent of the legiel promotion and servicing expeadittuYe authorized under Seddon 351,101, if a municipal or for "are", Inserted other public or private entity tbat conducts an sctivity for which hotel occupatcy cast (a)", and added at revenue may be used under' this wdon conducts other activities for which hotel Acts 1989, 41st occupancy tats rwaaue may not be used, the portion of the total adminletratire to of fake), deleted "ger , the entity !or which hotel occupancy tax revenue may be used tnay not exceed the portion prooediag "adverts y of those adlafals6sWe cafe actually ins Ulrld in eAnducting the activities for which the sad substituted hotel occupancy tea revenue may be used, sad eumttoAtt (g) Munktipal hotel oxupancy tax revenue may not be spsnt for travel !dr aperwon to egg" or rregistril attend an event or <ondact an activity the primary putpaee of which 4 not dit+sotlatrd .kiaity" for "a s 'o the pro motion of tourism arsd the convention and hotel industry or the pssiornnss►ce of gram to attract ci the person's job fA an etfkient and prvfeesiotul manner. by the munic(psb, 400 eAV k ( LOCAL rAaA itOSV rw g AlA►1tAf1DE1~i § 351.101 and craft arts, motion bod of as eltgr'ble municE 11) 7% to9~sf pa~tY, detinnd En Section 361.001(3), Tax r rr arts related to the ( major an forma; and into ' may not approve t budget of a person with whom the eligiLle municipality enters a contract under Subsection (c) unless the governing body first holds a public hearing I sdv?risinc and to ^nnnldcr 'h. ornmosed budget. The govern ing body may not hold the hearing unless e ,r :c n ,l t er 'rs. set. n' h dnc `:e(or? t e ,?a e hearing. Tha notice must be puosneu n ut east :r•ree ne,r;papers navrng general I,_ or circulation in the eligible municipality. If there are at least two newspapers having +ould be frequented by general circulation in the eligible municipality that are published dally, the notice must be atlty, Published in at least two of those newspapers. If there I$ at least one newspaper having s it be expended in a general circulation in the eligible municipality that is published weekly, the notice must be :ion and hotel industry Published in at least one of those newspapers. If there are fewer than three newspapers rr the general revenue hang general circulation in the eligible municipality, the notice must be published in every newspaper having general circulation in the eligible municipality, The notice may h not be smaller than oneelghth of a page of the newspaper in which It appears and may delegate to a person, not be published in the part of the newspaper In which legal notices and classified t, the management or advertisements appear. The notice must Include the purpose, date, time, and exact the tax authorized by location of the public hearing and must clearly indicate that members of the public will be I~ ,nee the annual budget permitted to present their views at the hearing. The notice must contain a summary of ire the person to make the proposed budget, including the name of the person whose budget is being considered, expenditures made by the total amount to be budgeted, and the general uses for which the budget authorizes i •ided by the munkipali• hotel occupancy tax revenue to be spent The hearing must be held at a location icipality from the tax convenient to members of the general public in the downtown business district of the it purpose and may not eligible municipality. At the hearing, the governing body must afford all interested ray other accoant The persons an opportunity to present their views on the propoud budget and Its adoption, or supervision of its (1) Nothing in this section shall prohibit any privste entity, person, or organization from revenue from the tax making subgrants by contract to any other person, entity, or private organintlon for 1 II r this subsection. The expenditures under Section 361.101(x1(41, A subgrantee shall, + codger of the person to (1) at last aanually make periodic reports to the governing body of {tae { :itrY duty In the person from the tax authorized b this chapter-, g y xpenditure>r son under the contract y and Tax Code, may not other make records of these expenditures available for review to the governing body c~ to contract requires the person. able after the contract (j) Subsections (d) and (h) of this unction do not apply to any privste entity, person, or + l not more than 64 organization that receives tax revenue undar Subeeed~O (a) o! this section suW makes ,cadre of n 64 expenditures under Paragraph (4) of Subsection (a) of this section. tub h nating body of Added by Acts I(s87, 70th 1 , ; eh. Acts 191, 1f 1. eft. Septl I9ti7, Amended by Aets IM, Ust Let„ ch. 2, f 14.14(a), off. Aug, 28, isY 1K•, & 1110,; 1 off. Oct 1, 1Q94. of 1 71st t not valid. * unil"s [ti, sectilon. after, bylaws, or HIstorkal and 9tatu" Now persons or o lratloe sebeted by the muWd. 1Es99 L"isiod" pa - nlid, (sift heorted "or advertising section to conduct an Arta 1989, list Gt., ck 2, t 14.24(a), to oar end conilucting mUfftetk u and promotional :orate finaneistl records proform to Aote 1987, 70th Iwg„ ch. 1126, yt 1, 2, gram to eneourate toarists and convention del, person and, on request and 3, In eubeec. (a) substituted "to promote LIMS to vier. *1 preserved oom d sites or mxo- 'I make the records tourism and the convention and hotel industry, terse ' in the unkil , y or "located and olse- ierson, and that use is Ifrr6W to the (6110 rg" for w~ k mnnklsallq e its vicinity" and "for" sad deleted "advertising tor" at the begtea substituted Mode dalegato . cited' for this section may be ning of subd. (9{; and to eut~ec. (b) la the tint urd added wbsece. (c1 te expenses, and other sentence substituted "Aavenue" for "It Is the 1M1 Le W"M ,red directly In the Extent of the Ncialaturo that revenues" and "W" Section 8(b) of Arts 1991) 72nd Leg., ch. 328, 11. If a munkip it or for are' , inserted as parmitted by Subsection hotel occupancy tax (a1", and added the second sentence P The repeal of SeeHsa 961.107, Tax Codo, .vibes for which hotel Acts 1969,. ?lot ,L , ch. 1110, 1 4, in subd. 3ftdoo 6 of this Act does not apply to say administrative costa of (x)(83, deleted "s*rAke~1pmmothrW and tourW Investiption n of Our Or a suit , t* o1a pr r or 11, s y not excetd the portion *id►ar ' rt", and '"a a the munkialle" Code, of StilwWw ifo B, the Offer e d au proolding acdviti^r for which the said sub9diartad solicitation and promotional this Act" oaurred fora she effectn date of it travel forata Pey reon to of to awn L0t the municipality dIts p~ ~i registrants to the mnnklpatlty o or Its ah is not related tee "a soadtatlon and operatics pro- Arta 1971, 6brd Let., P. 1810, eh. 698 + 1 y or the performance of P" mllittrild yy~ or tow and o hors with Ante 1981, ~ Ug„ p' 189, & 90, J 1. Leg,, p. Rid, ch. 94 ; 2i 401, ~j oty}~ J.✓`' I II 1 L/ CAL TAZAMOK 711 71M a r § 361.101 ~ ssetJca eaise this sec sans for edrertistag aathsrisad by loth 1 K•. eh. 1126, If 2, aye ¢ 351.108 me $61.102 ` to etif1•ble atu AcU Acu 11967969, , list 1*9• Ch. 2 ¢ 14.240). Plodge of tax revenue, bottds, ¢ A46W by Acts Vernon's Ann.Civ.St- art. 1269} 4, 1, ¢ i1, (c). r ,t. i+rc Bey Votes of iheUtons The law t ~,.,xuc.un of tun revenue, see 34 '3Gt.Y93, 3b1•• 3e(c)) w» ' ve- ttecreetlottal facilities 1 too t 3r YOd , SSl.lt)6. 196a the B' Coastal municipalitlee, allocation of tax re percent. nue for advertfain6 authorized by this W"On' t see 1 351.106. 1. Racreattorai faeilltles be greeter Coun hotel occupancy taxes, the rate in tvtutiom on use of revenue, see f This section seta out the tax ~taay be used; t ¢ 362.1031. not be used for the operation of Use of revenue in counties of two mllVion or for 4x~map ational facilities OnAttyren. more, see ¢352.105. general recce Prior Lawt Municipalities with population of one MOBOT, 9~ No. Jtf-965, Acu 1971, t t and cauncll•manafrr government, use of tax raw Acts 1917, 6 Fight TOrsaiam FacUtty Acu 1981, 6 § 353,1015, Tax Revenue for Manned Space 1, 1998 11 1 1' rext of 8006071 o~)readve uxtt! Ja+tru++t+ use the tax revenue ity that is eligible to do so tinder this sectionyroent for establishing Alloca,Son o (a) A municipal The We of revenue derived from the app( *tioa of the W at a r Right not u ex ail one - rating a nonproCtt manned space nig tourism tttauthorized ems , revenue bonds by " or oPe b this section is In addition to other revenue uses authorized by ed by Sulxsec I or not more than 3bL10E. t V eligible to use the revenue for the p$ located a invid (b) A municipality flight touris m facility 4 f (a) At legal don (a) if the nonprofit Irate limits f the municipality s night tourism fsaty Is a with a popul o thee, must t corAu ' 10 miles from the corpo fit manned space (p) For purposes of t}ae section, a nonpro t0 th mat t faculty that Is; rrrioa organised undar. the ll than 200,000, (1) owned by * mi l 01l et ie~t; Vernon's Texas Civil Statuwk snd operated (1} the nol Non-Profit Corporation Act (Article by the NatIW'Mroll,"00 and a room, o (2) located on or ad1*Ont to a spas center operated at a rite 0 1 Space Adminletrationl and 61 dW aw intended about (2) if the (3) used or, if the facility Is trot yet aea r$ of the he ge and ner in d lab* ttint than great the of f to be used Ocu primarily to educate merob of peMod apace flight ~Zibed in Subsection (b), a oonprok oianaa stated before "Mod in f ox"" 01 (d) For any eligible UnW* lusiveiy be deemed to be a conve»tipa centa for one or r flight tourism facility shall cov- Sb1.101(a111}, repealed or within the meaning of section 991 an amount section expirm January 1, 1 ~ Meta 196x, list lwg., Oh- 1110,1 0. (b) Subaeett (e1 This off, Aug, 28, 1 the total smog Added dbbylA1w 969, 71st Lost , eh. 86T calendar yew n-A&n. Amt q 361.102, Ptedge For 0`6 provided by this subehaptar, a mutsicip* y e 3 t shalt allocate Undo this chapter for the pgmente,o,lir ~ktt~ for t he pis of limita (a) Sub set to tthe iro the tiWow bapoaed of the 69th Uifr~ture, for tits eref Acts the ?6 p revenue Wd" 8, Cluptar 68, CITU Statutes) , for oaa or mere the Perpo*M are 1965 (A 1 5r ,101 s Texas the 351,00o Of video lleettou ar 851,101, secured In whole or put by allocation. n of "W1, aity p may issue bond* the rotm~u~ tauK txtt~y collected by a (b) B00" an eligtbie lolec under this *11411, a~s sad bonds o p~HliL 361.301(axl} rjw revenue r+oeived from t h# tAX on oubtandbat by d used for thou Uld ed In it or p m( that the average sAIM ecur ttionn WA' tectliti** ~ tot Wipoe*d unkipNot alityo f issuance that an other than convention from wort issued ( snap uaur~enua that the munielMiipt the MAXIMUM 402 W, 7 1 ;i ,OCAL TAXATION 71t1s e iorised by this aarlaa, § 3b1.2A3 bonds, see 1 381.I09. Under tW wetioa in the abeeace of special provisions under this chapter that apply solely ale munkipsutim, plus any other revenue pledged to the payment of the bonds, Add by Acts 1987, 70th Leg., ch. 191,; 1, eft. Sept, I, 1997. ReviAur's Note I The law revised in Subsection M ur this sec(1on former V.A.CS, Article 126unl *c)) was enacted in 1981 when the rate of the tax was four percent for all muntct~'pslltiea Section 3e allowed Houston to increase the rate of the tax in Houston to six percent in 1993 the general rata for most municipalities other than Houston was increased to seven ,e perceut That change in the general rate probably has the effect of making the certifiexclusive purposes required in Section 3*0 a purely formal act since the rate in cities other than Houston ma the hotel tax may be used; the be rote In Houston could be sev n~ercenuf provolone relating to "eligible municiWlites" d for the operation of ,cllitles. Op,Atty,aen, Historical and Statutory Not" Prior Lawr Acts 1983, 68th Le . ility Acts 1971, 62ad Le p' 1810, eh, 536, § 2 g t 1196, ch. 9f 1 Acts 1977, 66th Leg., P. 41. c, 6, 2 . Vernon's Ann.CTvSt, trt i269j-J, I, Acts 1981, 67th Les., p, 3046, ch, 798 art 21 cl' 1i k(b), use the tax revenue 1 I' reent for establishing The use of revenue Crow Referent" rized by this chapter. Allocation of revenue pledge for payment of provided by Subsea revenue bands, see 1 361,104, d in or not more than 361,103. Allocation of Revenue: Genera) Rule tourism faciLty is a (a) a At least 60 percent of the hotel occupancy tax revenue collected by a municl~itl population of 200,000 or t?Toater according to the most recent federal decennQ). ed under the Texas rogue, must be allocated for the purposes provided by Section 361,I01(aX9), Aceordho Texas er Statute); to the most recent federal decennial census, for munkipaiides with a population of last Tonal Civil Aeronautics tuand than 2M'000 ' auotttious for the purposes provided by Section 961,201(aX8) are w follows: (1) It the tax rata in a municipality is not more than titres less the ie d sad Trended afro rate of lens had of one amount of revenue received by the munici t the o p for ti faculty about portent of the cost of the room4 or P~tY from the tali (2) if the tax in a mtmklpalky exceeds three percent of the coot of a room, not leas than the amount of revenue received by the munW*ty from tbo tax at a rate of one ,profit manned spaced percent of the cwt of a room, This subsection does not entkn center facility before October 1, 1989, adopted an otdittance ProvidiriaPPb to a municipality that In excess of 60 percent of the hotel aeaa for the allocation of u amount pkipalj for oar . or more specitk purposes provided Section 36~ ~lketad b y e > the ording6ft to u „ ch. 1110, 6, repeaied or expires or until the revenue Is no longer used for tbo" spo)eifk purposes in L*g an amount in excess of 60 pertatit of the tax revenue, (b) Subsection (a) doss not apply to a mnnkipali in a flaai year of die municipality, if the tote] amount of hotel occupancy tax ellected 6y the mow ei lily ma pledge the Clkbdar year tllat ends at least 90 days before the date the tbrealy the now resent rent of bonds that mmi0n. A m year b *m exceeds ted shall allocateexmey tax rot eve ue by application of Subsection (a) ) t by fhb tsubsedl he other Regular Session, limitations of ylia election, The portion of the tax revr~enuae allocated with the other more of the purposes for the purposes provided by Section 361,101(aXl) may not exceed 76 porrceffi,exc tat 76 percent limitation does not appl to an eligible m whole or part by the 311.001(8), Tax Code, that before October 1, 1989, ado d' as defined In r the niclpality must certify allocation Of, sn amount In excess of 76 p Pt+► an ordinance providing for the >nds in the proem of odi0cted by an ougtblo municipality for one or more of the hotel occupancy tax revenue P lc Purposo Provided by Section this chapter tad that 361;101(&X1) unto the ordinance 1, repealed or expires or un the is no Ion" ilitl" does not exceed used for Was specific purposes In an amount I Mesa of 6 porters of revenuethe tax revenue, r from the tax Imposed (c) Not more than 16 municipality or the percent the hotel upsaoy tax revenue collected by a amount of to received by the municipality at the rate of one portent 403 iryi ~i 3 aa~.res f of the coat of a room, whichever is LOCAL rA ATWN' I t~om,,~~ greater, may be used for the 71Ue 1, r~•'fADLtnow Section 351,141(aK4), Not more than 16 percent of the hotel pro►ided by PurPOSIN collected by a municipality having a enue rouses Provided Population of more than 125,000 may utLc sed rov for the r by SPChon 351 101(a)(5), This subsection does not apply Section me) of en to an eligible under " fl- !.i ~.,.;•a e:^:,.•.N at .t ri,e ;hat is ies,4 unnecerw "%en percent of the pnee paid for a room in a hotel. (d) A mumci hty that does not allocate any hotel occu arc purposes provided by Section 3b1.10i(e)(1) may allocate not more than 50 venue for the hhotel lho occupancy tax revenue collected by the municipality for the percent of the Legislation Section 3b1,101(a)(5), A municipality that before October 1, 1he puroos an ovided b 989 amend providing for the allocation of an amount in excess of 60 a The 1989 amendment. tax revenue collected by the municipality for one or morePament of tha hotel occupancy „A^" for s), a Section 3b1,101(a)(5) may allocate the tax revenue as Pecy that Section 361.103(x1, an ovided by Pt ordina ce until he Pence. ordinance is repealed or expires or until the revenue are od longer used orutthnoseutit the Prior v.: purposes, specific Acts 1sei, with Leg.. Added by Acts 1987, 70th Leg., ch. 191, 1 1, off. Sept. 1, 1987. Amended by Acts 1989, 71st Leg„ ch 4 1, 2, § 14.24(b), eft. Aug. 28, 1989: Acts 1989, 71st Leg., ch. 1110, ¢ 6, off. Oct 1, 1989, 351. Historical and Statutory Notes than the amount of revenue received b the $ a) Anb. Alle Coss 1989 Legislation municipality from the tax at a rate of oar b (a) An eligible cogs Acts 1989, 71st Leg„ ch. 2, f 14.24(bi, to con• percent of the cost of a room,'; by this chapter t a r ~ form to Acts 1987, 70th dread., 1125, i 1, redesignated subset, (b) se su". (c); inserted repealed subset, (c), which lwd equal to at ieiu one All municipal hotel occupanread: subset, (b); In wbeec. (c), substituted "Not more purpose " tha that Is derived from the application off the tax at a do evthe" f "tt Pe~revenue coiketed by a mu~p, the issue and payment .4 a a room rate in may only excess be of used tour forpe rctheent pu of rpoe the q coot of a for "revenue than", inserted "whlehever Is ed by Sections 351,101(axl), (2), and (3);'Pro~' greater', substituted "purposes" for "purpaee" (Article I264j t,l y, Acts 1989, 71st Leg„ ch. 1110, i 6, in subset, and added the ee00Od and third sentences; ana} Legislature, 3rd Cai (a) a substituted following "At lout 50 percent of the" for added subset ' W. in order to provide s 'I're following amount of munkipal", insetted Prior Lsrn Inclcding construction, improv collected by it mu^ki of with a population of party, cif 290,000 or greater According to the most recent Acts 1971, 62nd Gg„ p, 1810, ch. 686, 2. counsk e, marinas, fadoral decennial constu" "purposes 11 for Acts 1977, 65th Leg„ p. 41, ch. 26 and uses , inserted the second sentence and subtle, Acts 1981, 67th ' e , 9.. coalrea trolley or (01) and (a> A and deleted former subda, (aXl) Acts 1988, 68th LAC., p. 960, ch. 060, ; @ considered + WW (x1(2) srhkh Prior troto read- pp. 6196, 5196, rh 944, attracSuig visitors tore al M)tt the rate in a municipal is not Acts 1987, 704 kintenan ppeercent of the coot raid fora lwt„ eh 1126, i 1, (2) the sings, Auc r', cot lose that the amount of revenue Acts 1909, 71st Leg,, ch. 2, 1 14,24 4 center s, hotels, arc realvod by the municipality Prom the t at a Veroou a Ann.Cl►St art l facties, hotels, mot rate of one halt of one Petrent of tM coat of) 2~}d,1' M tea)' sYatema, and other r (b) the tax autho the room; or Cress IW$ft*eaa facilitke that serve t "(2) If the t rate to a munklpality excel Albcatfoo of tOveaw, tut rata is exact of three percent of the coat of a room, Do leas a rotelof lour or moro n four poi'osat, sa 1 861,104, ¢ 351,104, Allocation of Revenues roovenlue m sh derived from t Eik'lYle Mnaleipetllyta room shall be rued for (a) Subtt to the dmhati ri provided by Subsecdoo (b) and Section 351,1 au thori~ munkipallty may pledge to the paytrte nt. of fr revenue boad AM revenue refttt>dlit~ boOp~ a ratelof fire or more t Issued under Chapter 63 AeU of the~ alT portion of the revenue Werlved from the mtutfclpallty ~OteiocCUccybn, 1966, or ~Y, revenue derived from t, beach po the rtion of any othe ris revenue of the multkipality so the governing a tax And al ruy deter lmbw W (dd) ) If the patrol, tax authodt utho lifeguard fng the Issuance of the bonds. (b) An eligible raunklpaUty shall reserve that portion of the mu a rate of ale or more I. tax revenue derived- from the applkstion of the tax at a rata in extra of hotel peroepn off the coot of a room sold)q for tt 4 purposes provided by Section 361,101 axU sad for the the Application p it b c the I. purpose of securiz nfundittg bonds in connection therewith. Ilia au a provitils Fublk beach, lea over section 351,1_ a), (c) Revenue eletWod by an eligible munkipalittyy from the s l Ul of the tax at a me Added by Acts 198T, tot), of four percent or teas may be used as provided'by Section 351,201 A Added by,Acts 1987, 70th Lg„ ch. 191, 1, off. Sept 1, 1987, Amended by Aria 1989, 71st 1,g„ do 1110, dded i 7, ON. OM, I. 1909. t Verson's tnn.C:v6t art 1211) 4,1, Section 3ffg) of for 404 prohibiting / ~Liml A-IL T a l E li TAXATION 3 $ 952.295 i provided by or AKRON* tax revenue Ravip+a Nees used for the Seetfon Me) et former V.A.CS. Article 1269}-e.1 was omitted because the provision way eligible unnecessary ender the arra114ement of the revised law. The provislons of the revised law „ \ ,y r,i; el,eiu:e es a:^ nanJnrorv arJ..u written. do not create an alternative tax. Hlowneal and Statutory Notes n,._d for the wreent of the It" tagtalatiaa Vernon's Ann.Clv.St, art. 1200.1, 1 94), s provided by no I969 amendment, in subw, Ib), substitut• (d), (g). an ordinance ed "An" for "Conslit&nt with the provisions of Section 361,108(a). an', and added the last a" / Gil occupancy tense. s provided Prior taw, L4 ante until the e those specific Acts 1981, 67th Leg., p. 3046, ch. 796, art. 2, J N I i [ 9, 71st Leg., ch. 39 § $51,106• Alloation of Revenue. Eligible Causal Municipedltke received by the (a) An eligible coastal municipality that levies god collects nn occupancy tic authorized a rate of one by this chapter at a rate of seven percent or more shall pledge a portion of the revenue equal to at least one percent of the cost of a room to either or both of the following et. W; Inserted purposes; uted "Not more (1) the payment of the bonds that the municipality or a park board of trustees may pore municipal" issue under Section 3, Chapter 63, Acts of the 69th Legislature, Regular Scion, 1985 mo is 'whichever (Artkis 1~~'1, Vernon's Tess Civil Statutes), or under Chapter 83, Acts of the 67th for "purpose", Legislature, 3rd Called Session, 1962 (Article 6081g-1, Vernon's Texas Civil Statutes), sentenaa; and In order to provide all or part of the funds for the establishment, uuqqubitbn, purchase, construction, Improvement, enlargement, equspmonk or repair of publk Improvements, Including parks, civic centers, civic center buildings, auditoriums, exhibition halt, coliseums, marinas, cruise ship terminal fadtities, hotels, motels, parking tacilltiee, golf 0, ch. SM, 12, courses, trolley or trolley transportation systems, and other fadlities as may be ch. 25, 1, 21 conaidered advuable in connection with these facilities that serve the purpose of ch. NO, 12. attracting visitors and tourists to the municipality; or 3, 6198, ch. 911, (2) the maintenance, Improvement, or operation of the parlue, dvie oentees, civic § center buildings, auditoriums, exhibiion hails, coliseums, facilities, hotels, motet,p taei marinas ~ ship ormioal i e arking Btias golf eoatrses, trolley or trolley traaiu '>f 11 We), systems, and other faeilitiea u may be coukiered advisable in connection with than facilities that serve the purpose of attracting visitors and totus'tete to the muanklpality. i (b) If the tax authorized by this chapter is imposed by an eligible ooastal muncipality at ate in excess of a rate of foam or more perueat of the cat of a roots, no leer amount than the amount of revenue derived from the applkation of the tax at a rate of three perosnt of the eat of a room shall be used for the purpose provit> by,Sectlon 961,I01(ax9), eligible (c) It the tax authorized by thle chapter Is Imposed by an eligible coastal munkipality at an ell>~ a rate of five or more percent of the tort of a room, no Weer amount than the ammt of iding hods revenue derived tram she rNation of the tax at a rata of on* psrant sh" be used for a all or any beach patrol, Iltegnard serrim, marine water safety, and park law enforeetnset. i all or any (storming in (d) If the tax authorized by this chapter is Imposed by an &II& i coastal muutidpaBty at a rate of six or awra,p ireent, no lesser amount than the amount of revenue dori►ed from <I occupancy the Bcation of the tax at it rate of one percent of the oat of a room shall be used as (our percent of m tawis for state funds available to cleat and maintain publk beaches sad for (1) and for the other pa W beach-cleaning funds, eetion prevails AdW b' Aeh 1987, 70th 14g„ ch. 191, 1 1, off, Sept 1, 1987. It tax at A rate Rovisor'}s. Note 39, 71st Log., ch, unn$WWft ecessary aas o(wi °~~I dI p~tive of~ wel)est pa6hohed co atlwtkonal and corm raetual prtedplies prohibldng the Impairment of contracts. 4416 f i 9 t{lH~ M G LOCAL TAXATION §~d1,196' 'ntie 3 Historical and 9tarirtor7 Notes Prior Lath Acts 1986, 69th Lea., eh, 366, i 1 SUBCI Sith Leg P• :lddT, .:h, 196, art. 3. Vernon's Ann.CivSt. art. 1269H 1, 1 3f1c1 ,A fancn ~1, dSZ001. 351.002. g 36L108, Allocation of Revenues Municipalities With Population of One Million 362'00. and Council-Manapr Government 3S2,003t. 352.00.1. (a) A municipality that has a population of one million or more and that has adopted 5 352.00/1. council-manager form of government shall use the amount of revenue from the tax that Is derived from the application of the tax at a rate of more than four percent of the cost of a 352'0M room as follows; (1) no more than fib percent to: 352.007• (A) constructing, improving, enlarging, equipping, and repairing the municipality's SL convention center complex; or A 352.101. (B) pledging payment of revenue bonds and revenue refunding bonds Issued under Chapter 63, Acts of the both Legislature, Regular Session, 1986 (Article 126".1, Vernon's Texas Civil Statutes), for the municipality's coSection nvention center a )mplex; and (2) at least 45 percent for the purposes provided (b) Revenue received by a municipality described by Subsection (a) from the application § 352.001 of the tax at a rate of four percent or lees may be used ss provided by Section 361.101, In this z die` by yAAmse W, 70thh LAg,,, ChA 01, 411 off. Sept. Ise 1987. , 1 1 deb Sept 11►991st US., ch. Added by Prior tAW Revisor'. Note Acts 196 Section 311,006(81 of the Code Construction Art (Chapter 311, Cj6vemmeat Code) provides that the term "popalatlod' .stelae the population according to the most recent federal 1 362,002. Census. (a) The Historkal and statutory Notes re(a) Thn access, 11C. I is" 14o d " Prig Laws 0 Ordinarily The 1,00 ameadsant, to conform to "Acts 198II Acts 1981, 118th Leg., p 1980, eh 879, ; 1. the the use use of 70th Leg., ch, 200,1 1, substituted 66' for 116 Percent in subsea,- (a1, subd. (l), and "46" for Acts 1987, 19th leg„ eh 260, 4 1. (1) a M, percent is su '(2). Aeta 1919, 71st Leg., sat, 4 1 1411{6). (2) s t The1199 admest, in the sectioo beading Vernon's Asm.Civ.St art, 1389}-1.1, 1 wo)(1), and dom sad in subeec, (a), substituted "ow Marko" for (6)1 (d). (3) a < "900,000. (4) a c the Unit t } $61,107. Repsalsd y Acts M. 73std Leg„ eh. 30, 17, 41M Aug. 3'0, 1112 the a Birtorkal wad Whiten Notes ' Ale repeal of Section 361,107, Tax Cods, by (5) e The repealed section, wbkh related to enforce. Section 6 of thM A6t does not apply to any (A c investigation of, or a sak Wa swat br1~ attorney gel, was derived from Aep 111!1, ?Ut Leg., CC 1110, 1 8• (8) i ~ tisat foeanrn,d~onsUw elfsetire date of (7) a c isaghi MI of the 1991 eepealing Act t» this Act," Mexico, vir11 (b) The Roviwes Note MW of Chapter) and the ca services re Seed" 3b of foemsr V.A,C,S, Article 1289}•4.1, whisk vardoW Certain city Ordinances, was (a) The was onsikled as eaee ntad law, 168.101 of 606 A' WiZ au i/ F;YJIi:YI~ fn1 'I I CITY CONTRACTS i' AGRELIMzNT S£i'R`EN THE -ITy Cg DENTON AND 188 NORTH rzxA6 FASR A880CIATION PROVIDING FOR TILT PAY}(gNT ANO U68 OF HOTXL TAX REpLNUa This Agrom,,,ment made between the cit 1 municipal corporation (the Veit " y of Denton, Texas an a Association, a non-profit corporation ofdthe Statetof Texas Fair "Association")' (the WHEREAS, V.T.C.S., Tax Code §351.0021 authorizes the City to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7t) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance NO. 86-67, the City has provided for the + assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%)1 and WHEREAS, V.T.C.S., Tax code §351.101 a to use revenue derived from its hotel occupancy authoritaxzeto promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity and authoriz dEaactivities Rand servios on b halt ofp he CAtyl rm the NOW, THEREFORE, in consideration of the y; e of the mutual agreements contained herein, the City apnderforma agree as followss the Association i. XOTXL TAX RXVXNOX PAYXINTN A, Consideration, In consideration of the services to be performed by the Association, the City agrees to the Association, during 1990, from hotel tax revenue collected aby the city the sun of money equal to the amount of hotel tax revenue received by the City from the hotel tax at a rate of one percent (1*) of the cost of a room. During 1991, the City shall pay to Association a sum equal to the amount of hotel tax revenue received by the City at a rate of ninety-eight percent (98=) of one percent (lt) of the cost of a room. For the years 1992, 1993 and 1994, city agrees to pay Association a sum equal to the amount of hotel tax revenue received by City at a rate of ninety-five percent (95t) of one percent (14) of the cost of a room. As used in this paragraph, "hotel tax revenue" shall mean the monies collected by the City resulting from the City's assessment of a municipal hotel occupancy tax as authorized by V,T,C.S,, Tax Code §351.0020 after i I. II - '_ng the following: (1) Any Monies e delin xpendad by the city for the collection of quent hotel tax assessments, including attorneys fees and court cost) (2) The reasonable expenses, including the cost o incurred by the city to f Personnel, responsible for collecting hotel tax assessments] nand person (I e amount personhfor the c et ofycolreiursement made by the hotel tax, has cauthorized by V.T.C.S,, Tax Code 5351.004. I B. Dates of Payments The annual payments shall be made in quarterly installments on or before the 45th day following the end of each quarter. The respective quarters will and on the last day of March, June, September, and December of each payment under this Agreement shall be made on orebefore Mayi15t 1990. Should the City amend the Code of ordinances of the City of Denton to require hotel operators to remit the hotel occupancy tax monthly, City shall pay Association monthly, on or before the 45th day following the and of each month. Von OF QOTRL TAX RMNUN I A. Use of funds. In consideration of the City$s payment to { the Association of the hotel tax revenue provided herein, the Association agrees to use the funds only for the purpose of advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the City of Denton or its vicinity, as authorized by V. T. C.S., Tax Code 5351.101(a)(3). D. Administrative Costs. The hotel tax revenue paid to the Association under this Agreement may be spent for day-to-day operationa, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in performing the activities authorized by this Agreement. If the Association conducts other activities for which the hotel tax, revenue paid by the city are not specifically J authorized under this Agreement, the portion of the total 1 administrative costs of the Association for which hotel occupancy tax revenue may be used shall not exceed the portion of those administrative costs actually incurred in conducting the activities for which the hotel occupancy tax revenue may be used under this Agreement. I } t Travel aYPeASea, :+Dta el tax revenue paid by the City to .~4 Association shall not be spent for travel for any person to attend any event or conduct any activity the prima not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person'sOf which is efficient and professional manner. fob in an D. Notice of Meetings. The Association shall give the city Manager of the City written notice, at least five days in advance, of the time and place of any meeting of the governing body of the Association, which shall be open to the City Manager or his or her designee. III. RECORD KEEPING AND REPORTING REQDIRENENTs A. Budget, on or before July 31, 1990, and on or before the same date of each successive year during the term of this Agreement, the Association shalt preare to the city Council. City shall naotd a bait an annual revenue under this Agreement until and unlessp then tyhotol council tax first approves in writing the Association's annual budget which provides for the use of those funds to be paid by city. The approval by the City Council of the City of the annual budget of the Association creates a fiduciary duty in the Association with respect to the hotel tax revenue provided by the City to the Association under this Agreement. Be Accounts. The Association shall maintain any hotel tax revenue received from the city in a separate account established for that purpose and shall not commingle that revenue with any other money or maintain it in any other account, The Association shall maintain complete and accurate financial records of each expenditure of hotel tax revenue on at least a monthly basis and shall make the records available for inspection and review by the City's Executive Director of Finance or his or her designee upon request. Co Reislbursemeut. In the event of the termination of this Agreement, the Association shall submit to the City a statement showing any expensen incurred by it for the which the termination takes place and the City agrees to reimburse the Associatioa, durlnq that quarter, an amount equal to the lesser of the expenses incurred by the Association during that quarter or the amount they would normally be eligible to reeoive under the terms of this Agreement for that quarter. that the Association may have committed itself eto to aexp realizes authorized activities that will occur after the terminatiion ofsthfor is 3 i i ' z; ;F Agreement, and the City agrees to reimburse the Association ' su,;h expenses up to the cumulative sum of $1,oo0.00, subject to tae total maximum payment provided for in this Agreement. I D. Reports. within thirty days after the end of every quarter, the Association shall furnish to the City a performance report of the work performed under this Agreement, in the form determined by the City Manager, describing the activities performed under this Agreement during that quarter. The Association shall promptly respond to any request from the City Manager of the City for additional information relating to the activities performed under this Agreement. IV. I INDUNITY The Association agrees to indemnify, hold harmless, and defend the city, its officers, agents, and employees, from and against all claims or suits for injuries, damage, loss, or liability of whatever kind or character arising out of or in connection with this Agreement. Ve TERM AND TIRWINAT10N A. To=. The term of this Agreement shall be for a period of five years, commencing on January 1, 1990 and ending on December 31, 1994. Be Termination. This Agreement may be terminated by either party giving written notice to the other at least ninety (90) days prior to the date of termination. This Agreement shall automatically terminate upon occurrence of any of the following evantst (1) The termination of the corporate existence of the Association, (2) The insolvency of the association, the filing of a petition in bankruptcy, either by or against the association, or an assignment by the Association for the benefit of areditorst or (3) The breach by the Association of any of the terms and conditions of this Agreement and the continuation of the breach for a period of ten (10) days after written 4 I~ r. ~i t notice is given by the City to the Association o such breach. V1. XISCELLANEOUS PROVxsIOMS A. Independent Contractor. The Association shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the city. The Association shall have exclusive control of its operations hereunder and the persons performing the same and the Association shall be solely responsible for the acts and omissions of its officers, employees, and agents. The Association shall ,ot be considered a partner or joint venturer with the city, nor shaij the Association be considered nor in any manner hold itself out as an agent or official representative of the city. B. Assignment. The Association shall not assign this agreement without first obtaining the written consent of the Oty. C. Notice. Any notice required to be given under this Agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows; 2W Association city Manager President City of Denton North Texas Fair Association 215 East McKinney P. 0. Box 1695 Denton, Texas 76201 Denton, Texas 76202 D. successors. This Agreement shall be binding upon the successors and assigns of the respective parties. 2. entire Agreement. This written instrument contains the entire agreement between the parties, and neither party has relied on any prior or contemporaneous representations, either oral or written, that are not contained in this Agreement. F. Application at Uwe. All the terms, conditions and stipulations of this agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto .,,ad all judicial determinations relative thereto. EXECUTED on this the G day of 1990. 5 1 r, in D:!] B i ~tiA lt(3111___ CITY OF DENTON, TEXAS BY: RAY ENS MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMI DEBRA ADAM DRAYOVITCH, CITY ATTORNEY BY: NORTH TEXAS FAIR ASSOCIATION BY. J S RODEN, PRESIDENT ATTEST: SECRETARY fair b I' ~S ii I i 2924E I AGREDIE'NT BETWEEN HE C17OF ^E ',N AND THE DENTON CHAMBER OF COKMERCE PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE I THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton Chamber of Commerce, a non-profit corporation incorporated under the laws of the State of Texas (the "Chamber"): WHEREAS, TEX. TAX CODE §351.002 authorizes the City to levy by f ordinance a municipal hotel occupancy tax '("hotel tax") not ex- ceeding seven percent (7Z) of the consideration paid by a hotel occupant; and I WHEREAS, by Ordinance 5647, the City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7x); and WHEREAS, TEX. TAX CODE §351.101 (a) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conduct- ing solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or it"s vicinity; and WHEREAS, the Chauber is well equipped to perform those activi- ties through its Denton Convention and Visitors Bureau; and WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the City to delegate by contract with the Chamber as a private organization the management and supervision of programs and activities of the type described he%-sinabove funded with revenue from the municipal hotel occupancy tax; i NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the City and the Chamber agree and contract as follows: i 1. HOTEL TAX REVENUE PAYMENT TO CHAMBER 1.1 Consideration. For and in consideration of the activities to be performed by the Chamber under this Agreement, the City agrees to pay to the Chamber a portion of the hotel tax revenue collecte44. by the City at the rates and in the manner specified herein (such payments by the City to the Chamber sometimes herein referred to as "the agreed payments" or "hotel tax funds"). J ! Amount of Payments to Chamber. (a) As used in this agreement, the following terms shall have the following specific meanings; (i) The "hotel tax revenue" shall mean the monies col- lected and received by the City during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as munici al hotel occupancy tax at the rate of seven percent al of the room in a hotel, pursuant to TEX. TAXiCODEa§351 002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the City from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to three sevenths (3/7ths) of the total hotel tax revenue collected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such., amounts incurred during such relevant period of time- for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliance, such collection and auditing costs to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court, costs and expenses incurred in litigation against, or auditing of such taxpayers, (iii) In the event that the municipal hotel occupancy tax rate is reduced from the current rate of 7% to 6%, the term "base payment amount" shall be deemed to mean an amount of money equal to three sixths (3/6ths) of the total hotel tax revenue, as defined above, col- lected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), lees. (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliance, such collection and auditing costs to in- clude fees paid to attorneys or other agents not in j the regular employ of the City and which attorneys or agents effect collection ppof the hotel tax from tax-and andeexpenseeui ncurred in xlitigation againstoort audits ing of such taxpayers, r PAGE 2 I I k i y /J r A~l a-'oer an ac.r,t x'•73 Th C ty s:.a! 1 'a- C~ payment 3WJU::t The ent (LUU.) of the base equal to one hundred perc 1990 until September 30, 1990. for the peri,)d April 1, (c) The City shall pay to the Chamber an amount f amount equal to ninety eight percent (981.) of the base payment for the first (1st) full fiscal year of this1991tract, such fiscal k year being October 1, 1990 to September 30, . (d) The City shall pay to the Chamber an amount of amounmoney equal to ninety five percent (95%) of Shred basse payment full Fiscal 'k Chird, and fourth (2nd, the second, such fiscal years being Octobe1r 1) 993,1and years of this contract October 1, 1992 to September 30, to September 30, 1992, 1994. October 1, 1993 to September 300 ' Payments to Chamber. 1.3 Dates of by (a) The term "quarterly payments" shall mean payments the City dur- ing the City to the Chamber of those amounts specified it a ent. a ove determined fisbycal quarter uar hoteterl d tax during the revenue cotermlleofcted this by the City to the M term 7tmonthly payments" shall mean payments by th Chamber of those amounts specified in 11.2 above as determined by the hotel tax revenue etermloftthis Ag ethe Cit e ent during any one der month during meets speci- I (b) City shall pay the Chamber the agreed payments shall p Ym in 11.2 above uarterly. Each such quarterl a q y ~ fied ~ be paid to the daamofr such respectiveh€iscalyquarter(forkwhich after the last y such payment is due. (c) Should the City, by amendment to the code of Ordi- nances of the City of a monthly Denton, require that the eChotel ttax be he Chamber specified basis, the a reed payments by t Each such Chamfer specified in 11.2 above stall paid monthly. m be payment shall be paid to su such respective tcal tiendary- month the last h day Chamber (45th) day after payment is due. for which such perm J , III USE OF HOTEL TAX REVENUE By CAA"ER meet by ~ 2.1 Use of Funds, For and in conaidarments of h telpay ax funds l the and City promot toioonal e Chamber the Chamberh agreees dto use such hotaolitax (ions specified the u~poses of advertising and conducting only for the P programs to attract tourists and convention dele- 351 of(Denton or its vicinity, gates or registrants tEXA?(tCODE 1,101a)(3)* authorized by j PraGE 3 I I e l Administrative Costs, The 4c~el a9~ ~3 the City by the Chamber may be spent fota~aefunds race iv-d fL supplies , sa vlaries, office rental, travel xppenses operations, m admi anceibyrtheChamber ofhtho are incurred y in the perfor- activities pecified in 42$1 above. 2,3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Chamber for which hotel tax funds may be used shall not exceed that portion of the Chamber's administrative costs actually incurred in conducting the activities specified in 42.1 above, tel not b person(b) to tte d tan event Orycondu to spent for travel for a purpose of which is not directly related to they promeotionmaof tourism and the cor;: -tion and hotel industry or the performance of the person's job if,. an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3,1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the Chamber shall prepare and submit ens ire City anager of the City an annual budget for the next 8 fiscal year of this Agreement for the Denton Convention and Visitors Bureau and any other operation or function of the Chamber in which the hotel tax funds shall be used by the Chamber, The City shall not pay to the Chamber any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writ- ing by the Denton City Council. (b) The Chamber acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the Chamber with respect to the hotel tax funds paid ty the City to the Chamber under this Agreement, The Chamber shall expend hotel tax funds only in the manner and for the purposes specified in the budget as approved by the City, I 3.2 Separate Accounts. The Chamber shall maintain any hotel tax funds paid to the Chamber by the City i.n a separate account accou such hotel stax f nd shwith o any sotherumoney ord maintaintsucohmhotel tax funds in any other account. 3.3 Financial Records. The Chamber shall maintain complete and accurate financial records of each expenditure of the hotel PAGE 4 i , I i I i I 7Jf-L y funds made by the C",ac^tia~ ar.d, j*POn -aasonably advance n request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee, E 3.4 Quarterly Reports. The Chamber shall furnish to the City a report of the services performed by the Chamber under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement, Such report shall summarize the activ- ities of the Chamber in performance of the services specified in 42,1 and 42,2 above and the receipt of the agreed payments and expenditure of the hotel tax funds received by the Chamber from i the City. I 3.5 Notice of Meetings. The Chamber shall give the City Manager of the City reasonable advance written notice of the time i and place of general meetings of the Denton Chamber of Commerce Board of Directors as well as any other meeting of any consti- tuency of the Chamber at which this Agreement or any matter the h subject of this Agreement shall be considered. This provision shall not be deemed to require the Chamber to give notice of any executive session of the Executive Committee of the Chamber. I i , IV. REIMBURSEMENT AND INDEMNIFICATION 4.? Reimbursement of Chamber for Administrative Costs. In the ' event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Chamber for any and all expenses and costs undertaken by the Chamber in performance of those activities specified in 92.1 above or expenses or coats incurred by the Chamber as described in 92.2 above, The City is obligated to reimburse the Chamber for expenses and costs as described in 42.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the 1 actual expenses and costs incurred by the Chamber during the one hundred eithty day period preceding termination or the agreed payments of erwise due and payable to the Chamber for such period. 4,2 Reimbursewnt of Chamber for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 1 5.2(a), the City agrees to reimburse the Chamber for any and all 1 contractual obligations of the Chamber undertaken by the Chamber in performance of those services specified in 92.1 above, condi- tioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services con- PAGE 5 I .:i A.J-.. { ii e~ t above and FUro.. Cn7- '4' --,-.ed UJon such c--- traccuai obLigacions havin4 a term not exceedi,-- the full term of this Agreement, Notwithstanding any provision hereof to the con- trary, the obligation of the City to reimburse the Chamber or to assume the performance of any contractual obligations of the Chamber for or under any contract entered into by the Chamber as contemplated herein shall not exceed TEN THOUSAND DOLLARS ($10,000.00), Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a mone- tary limitation on a per contract basis. 4.3 Payment of Reimbursement to Chamber. (a) With respect to expenses and costs incurred by the Chamber for which the City is obligated to reimburse the Chamber pursuant to 44.1 above, the City shall pay such reimbursement amount due, if any, to the Chamber on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the Chamber for which the City is obligated to reimburse the Chamber as provided in 44,2 above, the City shall reimburse the Chamber for such monetary obligations required in such contrac-_. tual obligation in such amounts and at those times such contrac tual costs and ex enees are due and payable according to the terms' of such contract limitation set forth in 44.2 above. 4.4 Indemnification. The Chamber agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Chamber of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Chamber, its officers, employees, agents, subcontractors, licensees and invitees. V, TERM AND TERMINATION 5.1 Term. The term of this Agreement shall be for four and one-half (4-1/2) years, commencing April 1, 1990 and terminating at midnight on September 30, 1994. This term shall be comprised of an initial period of six (6) months and subsequent four (4) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30. PAGE 6 i 7erminstion. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days' advance written notice. (b) This Agreement shall automatically terminate upon the I occurrence of any of the following events: (i) The termination of the corporate existence of the Chamber; (ii) The insolvency of the Chamber, the filing of a petition in bankruptcy, either vol- untarily or involuntarily, or an assign- ment by the Chamber for the benefit of creditors; or (iii) The continuation of a breach of any of 1 the terms or conditions of this Agreement by either the City or the Chamber for more than thirty (30) days after written notice of such breech is given to the breaching party by the other party. ' I VI. GENERAL PROVISIONS I 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the 1 agreement by the Chamber with another private entity, person, or 1 organization for the performance of those services described in ff2,1 above. In the event that the Chamber enters into any ar- rangement, contractual or otherwise, with such other entity, person or organization, the Chamber shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, sepa- rate funds maintenance, and limitations and prohibitions pertain- ing to expenditure of the agreed payments and hotel tax funds. 6.2 Acknowledgment of Denton Convention and Visitors Bureau. The City acknowledges that the services contemplated in this Agreement may be performed by the Denton Convention and Visitors Bureau, a wholly-owned and managed entity within the Chamber. Any and all rights, benefits, obligations, and duties under this Agreement, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to the ex- penditure of the agreed payments and hotel tax funds, shall inure to the benefit and obligation of the Denton Convention and PAGE 7 v r? 1 104/ •a ..Ureflu, she uure3u shall not pie conSCr~Je t'~ h , J be a contractor or assignee under nb.l or Rb.i of tbi; Agreement, 6,3 Independent Contractor. The independent contractor as to all serChabe sal oerate as an vicesrto hbelperformed under this Agreement and not as an officer, agent, servant, or employee + of the City, The Chamber shall have exclusive control of its sons, entities, peoro organizations v performing the and such t ame Chamber shall be solely responsible for the acts andsomissions of its directors, officers, employees, agents, and subcontractors. The Chamber shall not be considered a partner or with the City, nor shall the Chamber be consideredinorv intuany manner hold itself out as an agent or official representative of the City, 6.4 Assignaent. The Chamber shall not assign this Agreement without first obtaining the written consent of the City. + b.5 Notice. An i 6 reemet or any notice required to be given under this effective when any statute, ordinance, or regulation, shall be States mail, cergiven tified in maiwriting l, return and receipt requested, oritby hand-delivery, addressed to the respective parties as follows: City' Chamber City Manager If by Mail. President City of Denton enton Chamber of Commerce 215 E. McKinne D Drawer Denton, TX 76201 Denton,PTX 76202 i If by hand-delivery; President Denton Chamber of Commerce 414 W. Parkway Denton, TX 76201 6.6 Inureswnt. This Agreement and each each and every ri ht, duty, obligation, andrliabilityesetf,forth herein shall be binding upon and inure to the benefit and obli- gation of the City and the Chamber and their respective successors and assigns, 67 Application of Laws. All terms, conditions, and provi- $ions of this Agreement arc) subject to all applicable federal laws, state laws, the Charter of, the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto. PACE 8 5xclusi%e Agreement. 14.s Agreement cc ntains t ~e entire understanding and constitutes the entire agreement becween c;,a parties hereto concerning the subject matter contained herein, There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- I ment, which are not fully expressed herein. The terms and condi- tions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.9 Duplicate Originals. This Agreement is executed in duplicate originals. 6.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limi- tation, definition, or extensiooon of the specific terms of the section and paragraph so designated. EXECUTED this A~~_day of _ , 1990. THE CITY OF DENTON, TEXAS By: AAA Ray lepilens, ayor ATTEST: APPROVED S TO LEGAL FORM: ~ i By: By: ippnire Walters, a ra am ay tc , dYty Se etary City Attorney DENTON CHAMBER OF COMMERCE By: Chan es carpenter, President ATTEST: APPROVED/AS TO LEGAL ORM: By, e etary av es, torney PAGE 9 1 i a y I1 ~:-ti Sr G(} I r~ 1 ORDINANCE NO. D "O 3 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE ARTS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECThON i. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue for the Arts, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II That the City Council hereby authorizes the expenditure of funds as set forth in the agreement. l SECTION TTI That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the L.~ day of 1990Z. RAY ST HE S, OR ATTEST: JENNIFER WALTERS, CITY SECRETARY j I BY: 1 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYs gdac#2.ord r I i I ,F 2926E AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Greater Denton Arts council, a non-profit corporation incorporated under the laws of the State of Texas (the "(;DAC"): WHEREAS, TEX. TAX CODE §351.002 author-zes the City to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not ex- ceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%)-, and WHEREAS, TEX. TAX CODE §351.101 (a)(4) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry for the encourage- ment, promotion, improvement, and application of the arts, in- eluding instrumental and vocal music, dance, drama, folk aft, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and WHEREAS, the. GDAC i.s well oquipppd to perform those acti- vities; and WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the City to delegate by contract with the GDAC as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in .onsideration of the performance of the mutual covenants and promises cnnLaiined herein, the City and the GDAC agree and contract as follows: I. HOTEL TAX REVENUE PAYMENT TO GDAC 1.1 Consideration. For and in consideration of the activities he hotel AS-ceament, the t b performed the dGDAC t a the under this revenueicollected and in the manner specified herein (such by y thae to City at the rates of ; i Payments b y the agreed the City to the GDAC sometimes herein referred to as payments" or "hotel tax funds"), 1.2 Amount of Payments to GDAC. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by tie Cicy during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municipal hotel occupancy tax at the rate of seven percent (7h) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorneys fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the City from taxpayers, (ii) The term "base payment amount' shall mean an amount of money equal to one seventh (1/7th) of the total hotel tax revenue collected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), less incurred during such relevant period ( of1 such /Ants )time for mcosts taxpayers f collection for tax hotel taxes from taxpayers or auditing F o and auditing costs to include compliance, such c to cattorneys or other agents not in the regular employ of the City and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. ( iii) In the event that the municipal hotel occupancy tax rate the term ibaeeducced from the current rato of 7; to 6%, an amount of money equal ototoneh sixth (1/6th) tofmthe total hotel tax revenue, as defined above, collected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment com- pliance, iance, such collection and auditing costs to include fees paid to attorneys or other agents not in the ragular employ of the City and which attorneys or agents effect collectiora of the hotel tax from tax- PAGE 2 1 r Ie7l payers or audit such taxpayers, and (2) court cos s and expenses incurred in litigation against or audit- ing of such taxpayers, (b) The City shall pay to the GDAC an amount of money equal to one hundred percent (100%) of the base payment amount for the term of this Agreement. i 1,3 Dates of Payments to GDAC. (a) The term "quarterly payments" shall mean payments by the City to the GDAC of those amounts specified in 41.2 above as determined by the hotel tax revenue collected by the City dur- ing an7 one fiscal quarter during the term of this Agreement. The term 'monthly payments" shall mean payments by the City to the GDAC of those amounts specified in 111.2 above as determined by the hotel tax revenue collected by the City during any one calen- dar month during the term of this Agreement, (b) City shall pay the GDAC the agreed payments speci- fied in 41.2 above quarterly. Each such quarterl pa ent shall be paid to the GDAC on or before the forty-fifth +45th)day after the last day of such respective fiscal quarter for which such- payment is due. - I (c) Should the City, by amendment to the Code of Ordi- nances of the City of Denton, require that the hotel tax be paid on a monthly basis, the agreed payments by the City to the GDAC specified in 41.2 above shall be paid monthly. Each such monthly ' payment shall be paid to the GDAC on or before the forty-fifth (45th) day after the last day of such respective calendar month for which such payment is due. 11. USE OF HOTEL TAX REVENUE BY GDAC 2.1 Use of Funds. For and in consideration of the payment by the City to the GDAC of the agreed payments of hotel tax funds and such other funds received or raised from other sources as contemplated herein only for the purposes of encouragement, pro- motion, improvement, and application of the arts, including in- strumental and vocal music, dance, drama, folk art, creative ' writing, architecture, design and allied fields, painting, sculp- ture, photography, graphic and craft acts, motion pictures, radio, television, tape and sound recording and other arts related to the presentation, performance, executLon, and exhibition of these major art forms. l ~ 2.2 Administrative Costs. The hotel tax funds received from the City by the GDAC may be spent for day-to-day operations, cup- PAGE 3 ' I , i i ii { plies, salaries, office rental, travel expenses, and other admin- istrative costs that are incurred directly in the performance by the GDAC of those activities specified in 42.1 above. 2.3 Specific Restrictions on Use of Funds, (a) That portion of total administrative costs of the GDAC for which hotel tax funds may be used shall not exceed that por- tion of the GDAC's administrative costs actually incurred in con- ducting the activities specified in 42.1 above, (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III, RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the GDAC shall prepare and submit t-a the City Manager of the City an annual budget fur the next ensuing fiscal year of this Agreement for the GDAC and any other operation or function of the GDAC in' which the hotel tax funds shall be used by the GDAC. The City shall not pay to the GDAC any agreed pay- ments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been ap- proved in writing by the Denton City Council. (b) The GDAC acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the GDAC with respect to the hotel tax funds paid by titie City to the GDAC under this Agreement. The GDAC shall expend hotel tax funds only in the manner and for the purposes speci~'ied in the budget as approved by the City. 3.2 Separate Accounts. The GDAC shall maintain any hotel tax funds paid to the GDAC by the City in a separate account or ac- counts established for such purpose and may not commingle such hotel tax funds with any other money or maintain such hotel tax funds in any other account, 3.3 Financial Records. The GDAC shall maintain complete and ace,trate financial records of each expenditure of the hotel tax funds:, made by the GDAC and, upon reasonably advance written re- quest of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records PAGE 4 available for inspection and review by yD'9,3 the Denton Ci't' the City's Executive Director of Finance or his designeeCouncil r 3.4 Quarterly Reports. The GDAC shall furnish to the city a report of the services performed by the GDAC under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement, Such report shall summarize the activities of the GDAC in performance of the services specified in 42.1 and 52.2 above and the receipt of the agreed payments and expenditure of the hotel tax funds received by the GDAC from the City. The GDAC shall also provide to the City copies of each contract entered into by the GDAC which contract deals with the use or expenditure of hotel tax funds or the performance of those activities speci- fied in paragraph 2.1 and which have a term of more than six (6) months. 3,5 Notice of Meetings. The GDAC shall give the City Manager of the City advance written notice of the time and place of meetings of the GDAC Board of Directors. Notice shall be given suchthe same ton members at the board. This provision is shall given not be deemed to require the GDAC to admit the City Manager to any executive session of the Executive Committee of the GDAC. IV. REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursesuent of GDAC for Adainistrative Costa. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the GDAC for any and all expenses and costs undertaken by the GDAC in performance of those activities specified in 12.1 above or expenses or costs incurred by the GDAC as described in 12.2 above. The City is obligated to reimburse the GDAC for expenses and coats as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the GDAC during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the GDAC for such period. 4.2 Reiaburseaent of GDAC for Luntractual Obligations. In t 5.2(a), the he event that this Agreement is terminated pursuant to Section unthe GDAC dert k n for contractual obligations yy s of the reimburse the GDAC all performance of those activities specified in 12.1 above, condi- tioned upon such contractual obligations having been incurred and entered into in the good faith performance of those activities cuntemplated in 12.1 above, and further conditioned u on such contractual obligations having a term not exceeding the full term of this Agreement. NotwIthrtanding any provision hereof to the I PAGE 5 I » contrary, the obligation of the City / P, under any contractual contract ent obligations £ to reimburse the CDAC for o ered into by the G Of the GDAC not exceed FIVE for or under any limitation is cumulatUive~of DOLLARS ontemplated herein shall not be construed all contrsctua00 obligationuch s and netary as a monetary limitation on a per contract basis, 4,3 Payment of Reimbursement 1:o GDAC, (a) With respect to expenses and incurred b Y the GDAC for which the City is costs obligated to reimburse suant to 44.1 above , the City shall the GDAC due, if an Pay c pur- to the GDAC on or before the fortymfifth reimbursement amount ' after the date this A the agreed greement is terminated, In the event that above pay shall arsuch paid monthly pursuant to before tthe he City pay reimburnemen,: 41.3 (c) forty-fifth 45th amount to the GDAC on or dvY respective calendar month(in which thist Agreementais terminated. Y of such th (b) With respect to contractual obligations undertaken by the GDAC for which the City is obligated to for or under any contract entered into b reimburse the GDAC herein as provided in 44 Y the CDAC as contemplated GDAC for such contractualbocostshe City shall reimburse the_ obligations required in such contractualenobligation in such: amounts and at those times such contractual costs san' are due and payable according to the terms d expenses of subject to the limitation set forth in 44,2 above, such contract, 4,4 Indemnification. The GDAC agrees to indemnify, harmless, and defend the City, ployees from and against any andallt claims cora' suits for~injuries, l and damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the GDAC of those services contemplated by this Acommonnt g , including all such claims based upon law, or based, in whole or in , constitutional or statutory or intentional acts of GDAC,pits officers, employees,neagents, subcontractors, licensees and invitees, V. TERM AND TERMINATION 51 Teas. The term of this Agreement shall commence April 1, N90 and terminate at midnight on March 31, 1995. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice, PAGE 6 k I i plop - (b) This Agreement shall automaticall y~ occurrence of any of the following events; terminate upon the i (i) The termination of the corporate existence JJI of the GDAC; 1 (ii) The insolvency of the GDAC, the filing of a petition in bankruptcy, either volunta- rily or involuntarily, or an assignment by the GDAC for the benefit of creditors; or (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the City or the GDAC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party. VI, GENERAL PROVISIONS 6.1 Subcontract for Performance of Services. in In s Agreement shall prohibit, nor be construed toNoprohibit, tthe agreement by the GDAC with another organization for the performance of private se servicesYodescribed in ff2,1 above, In the event that the GDAC enters into any arrange- ment, contractual or otherwise, with such entity organization, the GDAC shall cause such other entit person or organization to adhere to, conform to Y. perall son, o- visions, terms, and conditions of this n Agreement eCando TER, pTAX CODE Chap, 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to ex- penditure of the agreed payments and hotel tax funds, 6.2 Independent Contractor. The GDAC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the City. The GDAC shall have exclusive control of its oper-and su entities,nor oerfor rganizations performing the reunsdera e, and thecGDACrshall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors, The GDAC shall not be considered e, partner or joint venturer with the City, nor shall the GDAC be considered nor in any manner hold itself out as an agent or official representative of the City. 6.3 Notice. Agreement or a ynystatutes ordinance, for bregulatlon, nshallthbe effective when given in writing and deposits.! in the United PAGE 7 -~3 [I States mail, certified mail, return receipt requested, eddre sped to the respective parties as follows: City: Greater Denton Arts Council City Manager Executive Director City of Denton Greater Denton Avts Council 215 E. McKinney 207 South Bell Denton, TX 76201 Denton, TX 76201 6.4 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obli- gation of the City and the GDAC and their respective successors and assigns, 6.5 Application of Laws. All terms, conditions, and pro- visions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto. 6.6 Exclusive Agreement. This Agreement contains the entire- understanding and constitutes the entire agreement between thtt parties hereto concerning the subject matter contained herein; There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, betweeci or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and condi- tions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.7 Duplicate Originals. This Agreement is exocuted in duplicate originals. 6.8 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not axpress or imply any limi- tation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this Z244 day of n8 1990. THE CITY OF DENTON, TEXAS By: Ray en mayor PAGE 8 i S 13 All ATTEST: APPROVED AS TO LEGAL FORM: By: 7)6 ;Z4 By: era am rayo itch, nn er waiters, City Secretary City Attorney I GREATER DENT N ARTS COUNCIL By: Robert M. Estes, President ATTEST: B , y. ; ec e PAGE 9 AGRSEUXT 9ETWZEM T CIT -~D 9L AND TER GREATER NTON Y OF ARTS C4 Cdr TRZA a V• fJ 'NCIL THIS AGREEMENT is made o between the City f Denton n this the da "CITY"), and the Texas, a munici l Of October, l(th corporation tnco Greater ton Arts pal corporation .rporated undeDrenthe laws o Council, a (the f the state of non-profit Texas (the a aQIIALA promotE~AS' the GDAC is a nOn-profit and provision of artistic Perfo oration dedicated to t the benefit Of the citizens artistic of Dentont and,ances of all kinds he WHEREAS to r real ' the GDAC has executed 200 Wertpertyr together with the a contract for the of restorin kory, Denton, Texas improvements thereto purchase of g and refurbishin {the Theater" located at private funds, and utilizing it toe The er for the Purposes with artistic provide thetcitiienshof Denton including, but notrlimitedeto,amusioresentationa of many kinds theater, and dance, and, Theater' the GDAC has agreed to allow the the purpos Meetings for e of holding CITY to o eVents held in connecion public w thethet , jAc"; Ma use the Project, and events sponsored by the CITY+ a Dent* in street Parks and Recreation WHEREAS, the City performance of the terms Council of the CITY finds that the GDAC+a citizens in a manner costenthwith Chi ti nt will benefit CITyss cally provided to citizens of municipal ypa of benefits histori- WttEREAS, 'the G governments s and, during the test of "C having agreed to refrain from re existing contract witihthe CITY a Agreement, any extension or renewaleoof its tax revenues collected b for the payment of pertain anCITY for the purpoaa Of restoring the d returbishin her hotel tax revenues q the Old Steam plant] mutualwcov~pO~' in consideration of the GDAC agree ana and nts and contract promises contained herein, the manta of the as follows. the CITY and the I• CCVEIDUPPR OF GDAC A. Us* of Psesiaaa. Purposes of conducting meetf gsgandsothersevents omises for the f raisers) of its member * the pr(including raise s) sits men organizations, and Conducting artists lend raisecitizens of Denuding any rehearsals thereof, for the benefit ofpthe with the terms containedChereinjso rent the Theater in accordance t PACE 1 E GDAC will not _ _"`----°~manner which wpillm ~i fa=lter to be used forPar any any event or in a 23 -3mmercial purpose City ordinances, ;;-aeranC, ^+DAC male c,y acc~rdanCe ` 'tau " onservation in the 'Pheaterta des and re ` g c''='s be approved b rental qulations governin , rgy y the CITY. Of the Theater, g energy ~ In the event GpAC which shall ' Public organization should rent the facilita non- rental in writing. r individual, GDAC shll note=n-member CITY against its monthly In such event y CITY of such such credit payment all recve a i obligations under A ticleerii. A n Article credit shall be equal to one-thirtieth II. A. as Each cha chargg eta Obligation "Utility for the succeeding {1/30} of the rental month. amount of the 8• city Qse. GDAC officers and employees to utilize to permit the o! holden utilize the Theaterthe , CITY, its agents, Purpose g cit without charge sponsored public meetings of any and d events, including for connection with the Denton Main and all kind q city- sponsored by the City's Parks and Recreation Project, and events CITY agrees to nom 1n Department. to GDAC0s member orgaizati nssandhracog the right to n4zrequirements appl:cabla preempt an avant previousl Y scheduled, have Ce Additional Consideration. GaAC agrees it will not request an extension or renewal of its existing contract, authorized b revinuea ai s or request additional ordinance 90-QUO 03a of the Payment of hotel ta. Plant. for the purpose of renovating the Old Steam 2. as#C represents expended any moves received warrants to CITY that it has the acquisition of the efrom CITY$@ hotel tax revenues fnot or revenues will be 't'heater, and agrees that no s this Agreement, expanded on the Theater during the term uof contr 0u ogress to rco4niz• ibvtions of the and acknowledge the financial CITY to prepared and distributed by v~D#aUO in publicity literature to, theater progrume press releases and g' but not limited 4' OD#a agrees to pamphlets, licenses, permit fees Pay when due all utility bills, taxes, against the Theater, or any other teen rendered or levied S' GDAC agrees to work with CITY to design and implement programs which will further the public purposes of this ment. Agree- PAGE 2 j I y II. TERM 7h th ears "d`"'oer 15, 1)90, and terminating at midnight on September 30, 2015, provided however that if CITY is unable to appropriate funds for subsequent fiscal years to continue the funding provided for in Article III hereof, CITY may terminate this Agreement at the end of the then current fiscal year and shallEach ach not be obligated to make further payments under this Agreement. annual period of this Agreement shall commence on October 1 and continue through September 30 of the succeeding year. III. COVENANTS Of CIrY throughUtilities. he October billing cycle for Beginning period including Sept 3, 19930 CITY, in consideration of the services performed by gDAC, agrees to reimburse GDAC monthly a sum calculated upon utility services provided to the Theater by City of Denton Utilities and Lone Star Gas company based upon a fixed annual allotment of electricity, water, solid waste volume and natural gas, as reflected on Schedule "A", attached hereto and incorporated by reference herein. followingdthe QDAC rental rant shall facility, date the crdited in CITY'S an amunt yequa,leto the utility rental charge as defined in Article I. A. Not later than May 31, 1993, GDAC shall most with CITY$$ representatives and mutually agree to a schedule of utility consumption to replace schedule "A", commencing with the first billing cycle after September 30, 1993, for the remainder of the term of this Agreement. The schedule shall be calculated based upon the Theater's utility consumption during the previous two yE':rs. If the parties are unable to mutually agree to a new schedule of consumption, the decision of the CITY shall be final. A reimburseOther GO= Payora eso enditurs i nvade October 1, 1991, CITY shall Theater. Such Rxpendxitures shall be reimbupay for rsed only if repairs CITY has approved reiabursesent prior to the performance of the repairs. During any annual period of this Agreement, as set forth in Article II., the CITf shall not pay to GDAC more than $5,000. It is agreed that the CI'P! will not approve reimbursement for janitorial expenses or expenses incurred to remove asbestos or other hazardous subetanees from the Theater premises. Payments made under this F section are for the sole purpose of reimbursing GDAC for expenses incurred in repairing or mending Theater fixtures. f The total sum of all amounts aid by CITY Ill. A. through the billing cycles for the period sincluding eMarch 31, 1992 shall be applied as a credit against the CITY'S obliga- tions set forth in Article III. B. By way of example, if the CITY PAGE 3 I were to Pay $13,000 to billing period includ ing March 31for u19g 1 ty services Ch ro CITY would a Ae , ,u : ^t c "en.he CITY' g rough t~, the following year. o01~4ated to V PaY ae '1~-:1 i ccer, 1"33 not more than $2,000 during may choose to i improvements. Which ma invest a minimum cf CITY recd I Y be used for .000, the gnizas that ppAC general S75 first Purpose of constructinq major atruaturalaor improvements 525f 000 of to the Theater which , or the efficient or l in the opinion of the c ip@°nt improvements of years. (2) will extend the life Of the building for a number Should CDAC expend $75,000 for i CiTYIS obligation under A:-ticle 11Z B aments to to Theater in the provide for approval o payment for expenses tol increased an annual amount not more than 7,500 it to repair the building S i 1• GDAC has submitted the Mont included in the $ 5p,20ca00 ne for each proposed improve•- 2, CITY has determined 7 that <-onstr sum to h CITVJ uction of each such im- andVement would meet the requirements of this much im 3. 00AC provides the CITY with Ttruction of each such improvement on beSt 1993, or r can. ~ 0, . ore Sepr con. If any of to improvements constructd include services performed b ongagod, in to normal dividuAls or business organizati°nss whiched e performing suds services, do" ► such in selling such ;,re good■ or servioes and an NAY submit proof of gCOds or . CITY shall pinion as to their the donation of aas aervi and shah a determine the market value Of such CITY value or $75,000 requirement. pplY said amount as a credit against to IV' TS1lNI~QTION A' 00"Ut, should itUa gDt breach or ofoDult ot~this fail to com Agreement, such breach shal constitute anWith Event CITY shall qq the part l of 0"0' Yf an Event Of Default oaours, the breach continuesda~te thirty (30) days to remedy the Agreement immediately u (ao) days, breach. to the obligated to written o ice Z?y and terminate the breach cannot be cureddwittthfraaC payment to and shall not be undertaken, in days alter n~ptico ° but a c the , it and provides CITYowifaifih' to carry out a plan to cure but oLf11C has the plan, QVAC shall have additional timeefforts to 0 ads in carrying ouOmPI t plan to PAGE 4 s 1 f cure the breach in accordance with the //Fr~✓ 9~f CITY Plant as approved 9~t a H. 0navailab11ltp of funds, The this Agreement is contingent u onp the nt of money by CITY under appropriated to pay the sums pursuant to thisiAgreem*nt of funds a In notifyfGDAC inecome may Agreementation, CITY the k upon0thetcccurrance,of anyAofethenfollowing events, ( terminate Theater is damaged or destroyed b (1) I! the an extent that in the CITYPopini n i the Conti ued sope~rationsand use of the Theater is not feasible) (2) The termination of the orate existence of auci (3) The 4 ofa petition in bankruptcy, either voluntary insolvency of volun the filing assignment by GDAC for the benefit of creditrszt or (4) The , an the Theater. The sale e of i 0. Termination by GOAC. GDAC may terminate this Agreement upon 30 days written notice to CITY. V, RMPOITS GOAC shall furnish to the CITY a reports of the servieis [ performed by the oDAC under this Agreement within th (~0) days I after the and of sac,'x fiscal reports shall summarize the activities of theiaDAC rinirtyperformance of the services specified in Article I and enumerate expenditures and receipts for the preceding quarter. GDAC shall also notify CITY In the event any lien is filed against the Theat the Denton County Real Property,Records, or premises in GDAC shall provide CITY and its Executive Director of Finance or his designsai with full Theater and to the books necks at all reasonable times to the to the Theater, and records of the QDAC which may relate n. I1fDUNIFICATIO11 A. Ibdestaifiaatioa• ODAC agrees to indemnity, hold harmless, and defend this CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the QDAC of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in intentional acts of 404# , itsonoffiostio asmploy/iplt aq ntsr er contractors, licensees and invitees. r• Usuraaoe, GDAC shall obtain and maintain general public liability insurance in the amount of not less than 51,600,000, PAGE 5 ate. such Policy or policies transact business shall be issued by /~/9~J an additional insured. Q t a 3,3C0@Panies licen~sed to, V in the State of Texas and shall name the cI•., :satisfactory to CITY. An o ~ 3u ~rccr such urance notice by carrier to the C TY of its Po intent to must include 30 da s change, or refuse to renew coverage ent tq cancel, materially right to adjust or increase the Provided, CITY reserves the required of aDAC, and GDAC agrees tigability insurance requirements D CITY ma meet amounts requirements a as be Cq may require; provided any such insurance other mmensurate with insurancewroer' that any public use theaters similar to the Theater, inqusixe ea1nd in scope of activities, located in Texas, 3DAC a all adjusted insurance requirements' that the to within sixty (60) days tol2Owin COmply with ire from CITY stating the adjusted requitiereMonts receipt of a nCITY oticeain writing . C. Beaefit, This Agreement is entered into for the benefit of CITY and GDAC Only and is not intended to benefit third parties. vZ16 STATCS 01P PARTISS It is and Acknowleded sciatic s understo to CITY is that nt any the parties that the QDAC shall have no authority to employ an independent contractor, agent for or on behalf of CxTY for an y person or employee or y Purpose. oZII. MZSCVtLAMXCVN A• Assigment. aDAC shall not assign this Agreemonte provided however, that aDAC may, subject to CITY'S itten an agreement with one or more of its memberragencies orvreprssenta- tives thereof to manage the Theater. i B. lrotiaed Any notice re ired to be given Agreement or any statute, ordinance, or re under this effective when given in writing and de gelation, shall be mail, certified positreeed, or by ed in the United states delivery, addressed sail to, the re pectivepparties Am Poll wel hand. ~Y S~lit/r_ Dentdr~ A 'nai ~ City Manager Executive Director Y o t Greater Denton Arts council 215 to Maxinney 107 South Bell Denton, Texas 76701 Denton, Tetras 74201 Co xayiieatioa of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the charter of the City of Denton, all ordinances pursuant thereto, and all judicial determinations relative thereto. l D. n'alusiYe Agreement• This Agreement contains understanding and constitutes the entire agreement betw•en tthe PAGE 6 I Parties hereto There are A concerning or written a repress the subject ntatto relating ss ns~ 49ree matter °xPre cont 7--~iT- 11,8 to '1. subaoo imPlied b°letw enta, or undrs t andin4herein. shai2 prevailed h. matter e s °n `or amon gs, oral. the toy Qail notwi ereinthatandzntarms tandl i cond3teament' g hich ?a:t:3s not Agreement ~h 12YOther documentany v riance inoth of this llgre,ment writing executed be changed ing to this A9rOs by C=TY transac meat from and pDaC,amendcd ex tion. Th is E. $ea4ings. The CePt by instrument in sections and paragra hs h°adin no p le thus and subheadings section ° convenience and greement are qe °f th• the Purpose f a do a inserted various section and Parini'""", or Notioa Para raPh So des gnaxtansiciitad. of notthexPreaPecisrsi or mimpiyY af~or any " c ter►as or the o advanc f meetia e written notice of t GDaC shall the a aDllc Board i he time and give CITY, manner of . rectors meeti . Such notice of general miitManager ngs to mid at the same time designee or tubers of the board. as notice Babe give c=in q th* which any Clating to to a may artendcit gigs such lion. any matter re q the ma anY Mana or his Theater is ached lad dfor disayat as Non4~seri applicable federal t, a Promulgated state and o algrees to pl com y Pull QDAC a thereunder laws, Other full that no Person shalt , son shall nondisriminatlos and with all u21 ~ }ent oar be equal use of the deny °r refused eoiPically, re ~giw° six °rtunities by qa~a ltcenMed facilities, abi or lity. p national on as a result se='vice gin, a e Of race nor de , creed Ned 11. xonweiver. g °r handicap unrelted to It color provision contained in a waiver by e= anY waiver other such Provicion this for an shall " f of provision. not be breach r anY subsequent deemed to be any ent breach of the same or federal Co~ilanee +r~ltA state and locaLlaws~ CDAC Shalt Executed this the laws, day rules and comply with all applicable equlations. , of -4a4mt:~~ 0 1990. CITY Or aBNTON 8011 CABTLLF11 ER~tY, MAY R PAU 7 . E £hh o ij i. it ATTEST: JENNIFER WALTERS o CITY SECRETARY r BY,- App R ED AS TO LEGAL FORMS DEBRA A. DRAYOVITCli0 CITY ATTORNEY BYs GREATER DENTON ARTS COUNCIL BYs , Fla, ATTSSTt WHEL~LER JO ' PRLS IDzNT P'l s L SCHRCJCD ~ SICUTARY PACE B r Er A h N Aa 3! t~ A Ia~s ~ Y .l..._.._- 8CRIDCLX Utility service II,. Annual Consumption Slectricit Monthly Osage Y 180,000 KWH consumption 15,000 xwH Water i Sewer 100 KWN 100,000 gallons Natural Caa 750 cubic feet 813JI gallons 62.5 cubic feet On ar before the sth day of each month, CITY shall to the utility billing for the aonsumpn of the Utility enumerated in Col pay 00XC a sum equal umn III. Y services The shall al" pay all for removal regular monthly charges from the City of Denton of solid waste. ik fa <i l AMENDMENT OF AGREEMENT BETWEEN'; ."E CI:7 OF °NTCN 1ND ~L A/ 73 GREATER DENTON ARTS COUNCIL ~l Recitals ArtUccouncil5(GDAC)Penteredtinto Denton and coGreater Denton attached, providing for the payment of funds iby the CitywtocGDAC of is for providing the community services described therein, (Agree- ment), The parties wish to amend Schedule "A" for utility consump- tion attached to the Agreement to reflect revisiono to Column III thereof. AGREEMENT I, The parties agree to the amendment of schedule "A" of the attached Agreement, ~o read as follower I. t1TILu "Mu TI• TTI. . ANNUAL C4NBQ„._~~ ~IA~IZ'HLY U9fA~ Electricity 180,000 KWH 15,000 Kwx 100 KW (demand) Water 1000000 gallons 8,333 gallons Wastewater 80,000 gallons 6,667 gallons Natural Gas 40062 CCF 339 CCF On or before the 5th day of each month, CITY shall pay ODAC a sum equal to the utility billing for the consumption and facility charges for the utility services enumerated in Column III. The CITY shall, pay all regular monthly charges from the CITY for removal of solid waste, II. Except for the'amendment set forth in Article I hereof, the terms of the original Agreement of October 15, 1990, remain in full force and effect. Signed 1991. BOB CASTLESERRY , MAYOR B06B-CASTLESERRYt MAYOR V _R WALTE li BY: APPRO ED AS LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I I BY' I i I GREATER DENTON ARTS COUNCIL (GDAC) i ~V ~ c'~e~rgC'11 PRE9 t~ T DENT ATTESTS 1 syl sECRE'i'ARY i i { Page 2 { i i 2927L AGREEMENT BETWEEN THE CITY O ,HE HIS F DENTON ,qND DE?r^CY C^(i ^i PROVIDING FOR THE PAYMENT AND TGUSERROF CAL HO "i1TEL"SEG?f TAX REVENUE i THIS AGREEMENT made between the City of Denton, Texas muni. cipal corporation (the "City and the Denton Count Museum, a non-profit cor oration incorporated ' a rical the State of Texas (the I usevm n under theis laws of WHEREAS, TEX. TAX CODE §351,002 authorizes levy by ordinance a municipal hotel occupancy tax hotethel City ax") to not ceeding seven percent (7z) of the consideration occupant; and paid by a hotel tel WHEREAS, by Ordinance 86-67, the City assessment and collection Of a municippal thas rovided el occupancy ftaax the the City of Denton of seven percent (7X); and WHEREAS, TEX. TAX CODE §351.101 use revenue from its municipal hotel)(Occupancyitasx the City to tourism and the convention and hotel industr b torical restoration and y y performs go his. advertising and conductir preservation projects or activities or to encourage tourists andg co solicitas nventionidelegates rto ovisitl historic sites or muse.ms at or in the immediate vicinit programs proservid con- vention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented byy y of delegates, or other visitors to themunicipalitt°uriets, convention WHEREAS, the Museum is well equipped to y; and ties; and perform those ectivi- WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the City to delegate by contract with the Museum as a private organization the management and supervision of rorams as of te described hereinabove funded with revenuer fromtthetmunicipalQhotel occupancy tax; NOW, THEREFORE, in consideration of the pe of the mutual covenants and promises contained heroin, then City and the Musoum agree and contract as follows; I- HOTEL TAX REVENUE PAYMENT TO MUSEUM 1.1 Consideration, For and in consideration of the activities to be performed by the Museum under this the collect d by the C Cy at ethe crates land of tthehotel mannerao eevenue p ified "a.n (such pav"ients by t'!e ^+ty ec e v aeu , referred to as Che a reed ices „ere+ B payments of notal tax tunas"), 1,2 Amount of payments to Museum. (a) As used in this agreement, the following terms shall have the following specific meanings; (i) The "hotel tax revenuer" shall mean the monies col- lected and received by the City during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municipal hotel occupancy tax at the rate of seven percent 0%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the City from taxpayers, (ii) The term "base payment amount" shall mean an amount of money equal to eighty-eight hundredths (88/100ths) of one seventh (1/7t h) of the total hotel: tax revenue collected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such amounts incurred during such relevant period of time for costs of col- lection of hotel taxes from taxpayers or auditing tax- payers for tax payment compliance, such collection and auditing costa to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (iii) In the event that the municipal hotel occupancy tax rate is reduced from the current rate of 7% to 6%, the term "base payment amount" shall be deemed to mean an amount of money equal to eighty-eight hundredths (88/100ths) of one sixth (1/6th) of the total hotel tax revenue, as defined above, collected by the City during any relevant period of time (i.e. fiscal year, amounts gincurred duringl such relevant less od(of tsuch ime for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliance, such collection and auditing costa to include fees paid to attorneys or other agents not in the regular employ of PAGE 2 k i I I I i 1 P T~~~yyyn the city and which attorneys or scents effect 0, tion o: tie r,D ei tax trout taxpa era and taxpayers or audit sucz in litigation againsor court auditingaof such taxpayers, (b) The city shall ay equal to one hundred percent (100%)eofuthem ba8eamount t for the period April 1 money payment amount i r 1990 until September 30, 1990, F (c) The City shall equal to ninety eight nay to the Museum an amount of money p for the first (18t) full fiscal year )of this eConbase ayment amount tract, such fiscal year being October 1, 1490 to September 30, 1991, k (d) The City shall pay to the Museum an amount of money ~ equal to ninety five ercent the second, third, and fourth95(2ndf 3red,ba and 4th) full fiscal years of this contract, such fiscal payment amount for to September 30, 19920 October 1, 1992yto SeptamberOc30,~e1993,1and October 1, 1993 to September 30, 1994 and for the period from September 30, 1994 to March 31, 1995, 1.3 Dates of Payments to Museum, (a) The term "quarterls payments by,` the city to the Museum of thoepamountsP specifi d a in 11.2 above as determined by the hotel tax revenue collected by the City dur- ing any one fiscal quarter during the term of this Agreement. The term monthly payments shall mean payments of those amounts specified in4above as determined by the hotel tax revenue collected by the City during hthe one calen- der month during the term of this Agreement, (b) City shall pay the Museum the e speci- fied in 411.2 above quarterly. such quarterly greed payments be paid to the Mussumon or before the oy-fi eY(45 t shall a after the last day of such respective fiscal quarterforhwhich such payment is due, i (c) Should the City, by amendment to the Code of Ordi- nances of the City of Denton, require that the hotel tax be paid on a monthly basis, the agreed payments by the City to the Museum specified in 1'1.2 above shall be paid monthly, Each such monthly payment shall be paid to the Museum on or before tho forty-fifth (45th) day after the last day of such respective calendar month far which such payment is due, f i II. USE OF HOM TAX REVLWE BY MUSEUM 2.1 Use of Funds, For and in consideration of the payment by the City to the Museum of the agreed payments of hotel tax funds . PACE 3 I 1 3. 4 dUOVe, tSi2 ill~ieU:^. :i1;:'ce5 ~j _ only ror the purpose of performing historical restoration do"a preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums located in the City of Denton or its vicinity that would be fre- quented by tourists, convention delegates, or other visitors to the City of Denton, as authorized by TEX, TAX CODE 4351,101 (a)(5). 2.2 Administrative Costs. The hotel tax funds received from the City by the Museum may be spent for day-to-day operations, supplies, salaries, office rental, travel expyenses, and other are administrative umtoftthose activitiesdspecified inn52t.l eabove, above, 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Museum for which hotel tax funds may be used shall not exceed that portion of the Museum's administrative costs actually ia- curred in conducting the activities specified in 42.1 above, (b) Hotel tax funds may not be spent for travel for a,_. person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's fob in an efficient and professional manner. III, RECORD KEEPING AND REPORTING REQUIREMWS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the Museum shall prepare and submit to the City Manager of the City an annual budget for the next ensuing fiscal year of this Agreement for the Museum. The City shall not pay to the Museum any agreed payments or hotel tax fund..; durinS any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in writing by the Denton City Council, budget (b)y thae0 nton City Council gecreates a tfid ciary duty in such Museum with respect to the hotel tax funds aid the . r to the Museuw under this Agreement. The Museum shally expendihotel tax funds only in the manner and for the purposes specified in the budget as approved by the City. PAGE 4 I I 2 Separate Accounts, ur f d , 19 tax funds paid to the Museum oy CneQ it shall mai-Itain any ,c ,Z 115 accounts established for such y in a separate account or hotel tax funds with any other none e d may not commingle such funds in any other account, y maintain such hotel tax 3.3 Financial Records, and accurate financial recorThe ds ofuseum shall maintain complete tax funds made by the Museum and uponhre u enditure of the hotel ~ designee, quest of the Denton City Council or the City's Executive Director of Finance or his shall make such financial records available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee, a, repo t r e ly Reporvices y The Museum shall furnish to the city of the se Agreement w ithin thizt performed by the Museum under this quarter of this A reeme30) days after the end of each fiscal activities of the Museum in Such report shall summarize the fied in Ir2.1 and n2.2 above and the receipt of thecaireedepaspets and expenditure of the hotel tax funds received b from the City, ymen ' i by the Museum 3,5 Notice of Mee,Cia s, f Manager of the City advance wThe ritten u once shall ltha time and give the City of general meetings of the Museums Board of Directors, place notice shall be given in the same manner and at the same time as notice is given of such meetings to members of such board. provision shall not be deemed to require the Museum to admitTthe City Manager to any executive session of the Executive Committee of the Museum, I IV, R$IMBURSO4W AND INDEMNIFICATION 4.1 Reimbursement of Museum for event that this Agreement is tetmdina ed pursuant native Coats. to Se a the ction 5.2(a) , the City agrees to reimburse the Museum for any and all expenses and costs undertaken by the Museum in performance of those activities specified in 12.1 above or expenses or costa in- curred by the Museum as described in W2,2 above, Ci is obligated to reimburse the Museum for ex enses and ec stts as described in *24 above only for the parioT date notice of termination is given and nding umpon ithe udete tof termination, Further, this obligation shall be limited to the lesser of the actual expenroad and costs incurred by the Museum during the one hundred eighty day the agreed payments otherwise due period and payabledtog the Museum nfor such period. PAGE 5 letmbursement Df Y""um fir (7.ntractual Obligations, the event that this Agreemenc is tel.m ;;acad pursuant to Section 5.2(a), the City agrees to reimburse the Museum for any and all contractual obligations of the Museum undertaken by the Museum in performance of those activities specified in 1f2.1 above, condi- tioned upon such contractual obligations having been incrred and entered into in the good faith performance o£ those auctivities contemplated in 112.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding an hef to the contrary, the obligation of the City to reimbu se therM seum for or under any contractual obligations of the Museum for or under any contract entered into by the Museum as contemplated herein shall not exceed TWO THOUSAND DOLLARS ($2,000 00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contrsct basis, 4.3 Payment of Reimbursement to Museum. (a) With respect to expenses and costs incurred by the Museum for which the City is obligated to reimburc the Museum pursuant to 1f4.1 above, the City shall pay such reimbursement amount due, if any, to the Museum on or before the forty-fifth (45th) day after the date of termination of this Agreement. IN r P(b) With respect to contractual obligations undertaken by the Museum for which the City is obligated to reimburse the Museum ! as provided in 1f4.2 above, the City shall reimburse the Museum for such monetary obligations required in such con- tractual obligation in such amounts and at those times such con- tractual costs and expenses are due and payable according to the terms of such contract limitation set forth in %4.2 above. 4.4 Indeswification. The Museum agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employeep from and a=ainst any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Museum of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Museum, its officers, employees, agents, subcontractors, licensees and invitees. PAGE 6 5,1 Ter*, The term of this Agreement shall be Years, commencing Ahpiril te s 1, 1990 and terminating at for midnight (r, March 31, 1995. Trm shall be ight on period of six (6) months and subsegentcofours`d of an initial each fiscal year Constituting the (4) fiscal years, calendar year to the next esuing period from October 1 of a period of six months ending on March32 eptember 30, and a final 1995, 5,2 Termination, (a) This Agreement may be terminated by either part b giving the other party one hundred eighty (180) days? advance written notice, (b) This Agreement shall automatically terminate upon the occurrence of any of the following events; (i) The termination of the corporate existence of the Museum; (ii) The insolvency of the museum, the filing of a petition in bankruptcy, either vol. mentr by the involuntarily, ther benefit of creditors; or (iii) The continuation of a breach of any of the terms or conditions of this Agreement b dither the City or the Museum for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party, VI. GENERA,, PROVISIONS 6.1 Subcontract for Performance of Services. Agreement shall prohibit, nor be construed toNothin in this organization for the Museum with another private entitgro pe rson,tor x2.1 above. In the eventorthat ethof those e Museum se terse into ranydarn rangement contractual, or otherwise, with such antic organizatl.nn, the Museum shall cause such other entity, person, or organization to adhere to, conform to, and be subject to 411 provisions, terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions penditure of the agreed payments and hotel tax fundsaining to ex- 6.2 Independent Contractor, The Museum shall operate as an PAGE 7 y '.rdere~ ant contractor as to this Agreement and not as an orficer,v agenttservant, ormemploye"e of the City. The Museum shall have exclusive control of its operations and performance of services hereunder, and such per- ( sons, entities, or organizations performing the same and the Museum shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors, The Museum shall not be considered a partner or joint venturer with the City, nor shall the Museum be considered nor in any manner hold itself out as an agent or official representative of the City. 63 Assignment, The Museum shall not assign this Agreement without first obtaining the written consent of the City, ' 6.4 Notice. Any notice required to be Agreement or any statute, ordinance, or regulaiven tion,~nshallthbe effective when given in writing and deposited in the United E States mail, certified mail, return receipt requested, addressed to the respective parties as follower City., Museum City Manager Chair, Hoard of Trustees City of Denton Denton County Historical Museum 215 E. McKinney 110 W. Hickory l Denton, TX 76201 Denton, TX 76201 ` 6.5 Inurement, This Agreement and s.aeh each and every right, duty, obligation, and liability he etf~fo~rth herein shall be binding upon and inure to the benefit and obli- gation of the City and the Museum and their respective successors and assigns. 66 Application of Laws. All terms, conditional and provi- $ions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto, 6.7 Exclusive Agreement, This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among 1 the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein, The terms and condi- tions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. PAGE 8 d P I k! 3 cate Originals, his Agreement execut duplicace originals. 6.9 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are i6serted merely for tation, pdefinition,~e or extension oft the express specific imply terms n of ithe section and paragraph so designated. EXECUTED this Ad' day of 1990. THE CITY OF DENTON, TEXAS By : aY ens, ayor - ATTEST; APPROVED AS TO LEGAL FORM; By; nnize By. ty Sa retaryrs, CitraAttor ray o y nay DENTON COUNTY HISTORICAL MUSEUM By; ota aug , a r Board of Trustees ATTEST: APPROVED A TO LMtttt By: _ BY. $ecxetary PACE 9 'J ii 2928L Of AGREDfENT 3ErdrF'j r ^ITY OF DENTGN k" THE DENTON COfl-NTY HISTORICAL FOUNDATION PROVIDING FOR Tt1E PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton County Historical Foundation, a non-profit corporation incorporated under the laws of the State of Texas (the Foundation WHEREAS, TEX. TAX CODE §351,002 authorizes the City to levy by ordinance a municipal hotel occupancy tax ('hotel tax") not ex- ceeding seven percent (7I) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance 86-6 assessment and collection of a municipaIt h thas rovide el occupancy flax tin the City of Denton of seven percent (7X); and WHEREAS, TEX. TAX CODE §351.101 (a)(5) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by performing his- torical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encouragga tourists and convention delegates to visit preserved historic antes or museums at or in the immediate vicinity of con- vention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention delegates, or other visitors to the municipality; and WHEREAS, the Foundation is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (0 authorizes the City to delegate by contract with the Foundation as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THIREFORL, in consideration of the performance of the) mutual covenants Arid promises contained herein, the City and the Foundation a;roe crid contract as follows: I, HOTQ, TAX REVENUE PAYMENT To FOUM ATION 1.1 Consideration. For and in consideration of the activities to be performed by the Foundation under this Agreement, the City agroom to pay to the Foundation a portion of the hotel tax revenue co11e t •d by the City at the rates and in the manner specified herein (sued payments by the City to the Foundation sometimes herein referred to as "the agreed payments" or "hotel tax funds").' ytneots to Foundation. I.2 Amount of Payments tO Foundation. fryY.` (a) As used in this agreement D have the following specific meanings; the following terms shall (i) The "hotel tax revenue" shall mean the monies col. lected and received by the City during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX, TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorneys fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the City from taxpayers. (ii) The term "baee payment amount" shall mean an amount of money equal to twelve hundredths (12/100ths) of one seventh (1/7th) of the total hotel tax revenue collected by the City during any relevant period of time (i.s, fiscal year, fiscal month), less (1) such amounts incuarter, or ur incurred duringlesuch relevant period of time for costs of col laction of hotel taxes from taxpayers or auditing tax payers for tax payment compliance, such collection and auditing costs to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collection of the hotel tax coats tanda expanded: incurred h ins litayerso igation dagainst court auditing of such taxpayers, (iii) In the event that the municipal hotel occupancy tax the term is reduced from the current rate of 7X to 6X0 "base payment amount shall be deemed to mean an amount of money equal to twelve hundredths (12/100ths) of one sixth (1/6th) of the total hotel tax revenue, as defined above, collected by the City during any relevant period of time (i.e. fiscal year, fieoal quarter, or calendar month), less amounts incurred during such relevant (1) time period costs of collection of hotel taxes from ta payers or auditing taxpayers for tax payment compliance, such collection and auditing coats to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collec- tion ofd the hotel tax frog taxpayers or audit such taxpayers, and (2) court costs and expenses incurred f in litigation against or auditing of such taxpayers. PAGE 2 !E l; (b ) the City shall ac $1 r :ed 8a, to dmO tithe Foundation an i Unt for the period UApril n' ;()I' amours ~f 1, 1990 until Septembere30ysss (c) The City shall 1990, money equal to ninety eight ay to the Foundation amount for the first' Percent (98X) (,at) of an amount of such fiscal year being October 1, 1990 to year of this contract (d) The City shall September 30, 1991. ' money equal to ninety five Pay to the Foundation amount for the second percent an amount of fiscal years of this conChird, tract (95X) of the base Payment 1991 and fourth (2nd, 3rd p 4th) to September 30, Octaberscal years beingdOctoberuli 19930 and October 1, 19199392, period from Sept e ber 30 t0 September 304921994 he ' and foSeptember , 1994 to March 31, 1995, t 1.3 Dates of Payments to Foundation. the City The term "quarterl above y to the Foundation of th ose tamountslspecified in nl, as determined by the hotel PaYmnte b2 City durin tax revenue collected b 2 Agreement, g T~±eytetn~e ~ffiscal quarter during by the the City to monthly pa ants" the term of this the Foundation 01 those shall mean above 0,8 determined b amounts pa enta by City during by the hotel tax revenue specified i by Agreement, any one calendar month during y the 8 the term of this (b) City shall Pay the Foundation the agreed specified in RI , 2 above shall bs quarterl payments sn th paid to the Foundation ion Each such quarterly payment r before for whf h such er the last day of suchorespectivetfiscalt Payment is due, y Fifth q carter (o) Should nanres of the City of Denton it the City, by amendment to the Code of Ordi- on a monthlq basis, the agreed require that the hotel tax be dation apaoified in 81.2 above ahym nts by the City paid monthly ppayment shall be paid monthlt0 the Foun- forty-£igth (43th) da paid to the Foundation on or bfforesthe calendar 200th for which suchr the last Payment is due. y of such respective YI, u8L► OF HOTEL TAX RZVV= By FOUNDATION • I Usa of P'ttada, For City to the Foundationn off the consideration Lion of the funds specified above 8 Payments of photelttax tax funds only for the the Foundation agrees to use suh at ion and preservation purpose of performing historicaloreatorl projects or activities or advertising and PAGE 3 }I i I'Onauct!ng solicitations and Dromotional programs t,.-) er.co j c 5 dnc c.)nvent.on aa:agatas -o vi,i: preserved i3to ri: sites or museums located in the City of Denton or its vicinity that would be frequented by tourists, convention delegates, or other visitors to the City of Denton, as authorized by TEX. TAX CODE ff351,101 (a)(5). 2.2 Administrative Costa, The hotel tax funds received from the City by the Foundation may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the Foundation of those activities specified in s2.1 above. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Foundation for which hotel tax funds may be used shall not exceed that portion of the Foundation's administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's fob in an efficient and professional manner, III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget, (a) On or before Jule, 31st of each calendar year during the term of this Agreement', the Foundation shall prepare and submit to the City Manager of the City an annual budget for the next ensuing fiscal year of this Agreement for the Foundation, The City shall not pay to the Foundation any agreed payments or hotel tax funds during any fiscal year of this Agreaisent unless such budget for such respective fiscal year has been approved in writing by the Denton City Council, (b) The Foundation acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the Foundation with respect to the hotel tax funds paid by the City to the Foundation under this Agreement. The Foundation shall expend hotel tax funds only in the manner and for the purposes specified in the budget as approved by the City, 3.2 Separate Accounts. The Foundation shall maintain any hotel tax funds paid to the Foundation by the City in a separate account or accounts established for such purpose and may not PACE 4 1 tom=inale such hotel tax fun's with env other money or ma~nta~ f suca hotel tax funds in any cc:ar account. 3.3 Financial Records. the Foundation shall maintain com- plete and accurate financial records of each expenditure of the hotel tax funds made by the Foundation and, upon request of the Denton City Council or the City's Executive Director of Finance or his designee, shall mace such financial records available for inspection and review by the Denton City Council or the City's h Executive Director of Finance or his designee, 3.4 Quarterly Reports. The Foundation shall furnish to the City a report of the services performed by the Foundation under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement. Such report shall summarize the activities of the Foundation in performance of the activities specified in ff2.1 and 112.2 above and the receipt of the agreed payments and expenditure of the hotel tax funds received by the Foundation from the City. 4 3.5 Notice of Meetings. The Foundation shall give the City Manager of the City advance written notice of the time and place of general meetings of the Foundation's Hoard of Directors. Swsh ` notice shall be given in the same manner and at the same time as notice is given of such meetings to members of such board. This IM provision shall not be deemed to require the Foundation to admit the City Manager to any executive session of the Executive Committee of the Foundation. Iv. RfIMRt1Rswwr AND INDEMNIFICATION 4 4.1 Reimbursement of Foundation for Administrative Coats. In the event that this Agreement is terminated pursuant to Section 5.2(a)0 the City agrees to reimburse the Foundation for any and all expenses and coats undertaken by the Foundation in performance of those activities specified in 112.1 above or expenses or coats incurred by the Foundation as described in 112.2 above, The City is obligated to reimburse the Foundation for expenses and costs as described in 112.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the leaser of the actual expenses and coats incurred by the Foundation during the one hundred eighty day period preceditig termination or the agreed payments otherwise due and payable to the Foundation for such period. 4.2 Reimbursement of Foundation for Contractual Obligations. f In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Foundation for any and PAGE 3 1 ~ _ I3 c'~ii3at_c^s a, :",e Fc urc.at'_on undertaken+..L contractual •-e Foundation in performance of those activities specified in 42.L above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those activities contemplated in 112.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the City to reimburse the Foundation for or under any contractual obligations of the Foun- dation for or under any contract entered into by the Foundation as contemplated herein shall not exceed TWO THOUSAND DOLLARS ($2,000.00). Such monetary limitation is cumulative of all con- tractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to Foundation. (a) With respect to expenses and costs incurred by the Foundation for which the City is obligated to reimburse the Foundation pursuant to 14,1 above, the City shall pay such reim- bursement amount due, if any, to the Foundation on or before the forty-fifth (45th) day after the date of termination of this Agreement. In the event that the agreed payments are such paid monthly pursuant to 111.3 (c) above, the City shall pay reimburse- ment amount to the Foundation on or before the forty-fifth (45th) day after the last day of such respective calendar month in which this Agreement is terminated. (b) With respect to contractual obligations undertaken by the Foundation for which the City is obligated to reimburse the Foundation provided in 114.2 above, the City shall reimburse the Foundation for the contractual costs, and monetary obligations required in such contractual obligation in such amounts and at those times much contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 114.2 above. 4.4 Indesm ification. The Foundation agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for inyuries, dale, loss, or liability of whatever kind or char- actor, arising out of or in connection with the performance by the Foundation of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Foundation, its officers, employees, agents, subcontractors, licensees and invitees. PAGE 6 i r V. TERM AND TWULMINA.TION 5.1 Term. The term of this Agreement shall be for five (g) years, commencing April 1, 1990 and terminating at midnight on March 31, 1995, This term shall be comprised of an initial period of six (6) months and subsequent four (4) fiscal years, each fiscal year constituting the period from October 1 of a' calendar year to the next ensuing September 30, and a final period of six months ending on March 31, 1995. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days' advance written notice, (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the Foundation; (ii) The insolvency of the Foundation, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the Foundation for the benefit of creditors; or (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the City or the Foundation for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party. VI, GENE AL PROVISIONS 6,1 Subcontract for Performance of Services, Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the Foundation with another private entity, person or organisation for the performance of those services described in 42,1 above, In the event that the Foundation ontc. 9 into any arrangement, contractual or otherwise, with such entity, person or organization, the Foundation shall cause such other entity, person, or organisation to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and TEX, TAX CODE Chap. 351, including reporting requirements, sepa- rate funds maintenance, and limitations and prohibitions pertain- ing to expenditure of the agreed payments and hotel tax funds, 6.2 Independent Contractor, The Foundation shall operate as PAGE 7 SCI '0`..._...___ 'el an Independent contractor as to all rvi^es to ^ce: .„tom Agreemer,: and r,oc as ar, all, services be perf ac~ employee of the City. The Foundation shall have aexclusive✓con~t r o l of its operations and performance of services hereunder persons, entities, or organizations performing , and such Foundation shall be solely responsible for the same and the of its directors, officers, employ the acts and omissions ees, agents, a subcontractors. The Foundation shall not be considered e with"the City, nor shall the Foundation berconsideredinoreinua manner hold itself out as an agent or official representative of the city. of 6,3 Assignment. The Foundation shall not assign this Agree- ment without first obtaining the written consent of the City. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, ahall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, addressed to the respective parties as follows: City. Foundation City Manager Chair, Hoard of Trustees City of Denton Denton County Historical Foundation 215 E. McKinney P.O. Box 2184 Denton, TX 76201 Denton, TX 76202 6.5 Inureannt. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obli- gation of the City and the Foundation and their respective successors and assigns, 66 Application of Lava. All terms, conditions, and provi- sions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Exclusive Agreement, This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, Arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and condi- tions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. PACE 8 t /t11 f u z, i r.4 ^u>1icate - ~L-Plicautl originalsriginals. - Agreement ~ is exec,., ted 6.9 Hea,diags. The headin sections and paragraphs of thgis Agreemunteadings of the various nse and s ted merely for the purpose of convenience and do not express tation, definition, or extension of specific p y an section and paragraph so designated, thor imterms of ithe EXECUTED this day of 1990. THE CITY OF DENTON, TEXAS By: ay pen , ayor ATTEST: APPROVED AS TO LEGAL, FORM: By: a tars, By' ty S crotary CityaAt as rayov tc , Y DENTON COUNTY HISTORICAL FOUNDATION By: Board of Directors ATTEST: APPROVED AS TO LEGAL FORM: By., e Zr ttary By., av as, ttorney ` PAGE 9 a SAT a 1 i~ ~e~ ~perteltem_ CITY COUNCIL REPORT Eft, ~ . C~~ TO: Mayor and Members of the City Council !/~1 FROM: Lloyd V. Harrell, City Manager SUBJECT: SIGN ORDINANCE RECOMMENDATIONf See Attachment 1 for P&Z recommendations. According to Section 211.006 of the Local Government Code and section 35-7(b)(5) of the Denton Code of Ordinanaes, a recommendation by P&Z to deny a rhange to the sign ordinance, because it is a zoning ordinance, will require six votes of the Council to approve. . See Attachment 3 through 12, Each issue is addressed in the attachments. See Table of Contents. 7 BACKGROUND: See Attachment 2. ~',BQCt$gl•:S. DEPARTMENmS OR GROUPS AFFECTED: Everyone who sees Denton, FISCAL IMPACT: None. Respectfully submitted: Prepared byi Lloyd V. Harrell City Manager 1 f: r n H. Robbins AICP Executive Director Planning and Developmant AXX00216/1 rHlFHAi('. ~i i rl ngmida Na, Agenda ltem__- * TABLE OF CONTENTS 1. Summary of Issues and Recommendations . , , , . . . . 3 Eriolosure 1. Clarification issues . , , , , , , , , , p, 6 Enclosure 2. Issues not recommended for review p, 8 2. Sign Ordinance Chronology . . . . . . . p, 9 Enclosure 1. February 1989 Changes P.15 Enclosure 2. April. 1991 Changes . . . . . . . . . . . p.17 3. "Face Changing" . . . . P.19 Enclosure 1. An Image Problem - A Transition Dilemma p.21 Enclosure 2. Ground Sign Permitting . . . . p,24 i Enclosure 3. Comparison of Other Cities . p,29 k 4. Abandoned Sign and supporting Structures . . . p.30 5. Calculating Effective Area, Monument Signs and Speoial Sign District p,32 Enclosure 1. Current Effective Area Calculation p,37 Enclosure 2. Comparison of Other Cities P.38 Enclosure 3. Carrollton Graphics . . . , , p.45 Enclosure 4. Tempe, Arizona . . . . . . . . . . . . . P.58 Enclosure 5. Monument Sign Comparison of other cities p.60 6. Banners on Buildings/Wind Devices . , . . , . . , . . P.63 Enclosure 1. Comparison of Other cities , , . , , , , p,65 7. Banners over Streets p,67 Enclosure 1. Comparison of Other Citisas , . , . p,68 8. Temporary and Stake Signs , , , , , , , , , , , , , , p.69 Enclosure 1, comparison of Other Cities , , , p,70 9. Signs on IH-35 . . . . . . p.73 Enclosure 1. Current Standards , , p.75 Enclosure 2. Comparison of Other cities . , , p,76 Enclosure 3, Y,ubbock Resolution re: logo signs p,78 AXX00216/2 i , Table of Contents kionda ltem -.-.---w-•- Page 2 D110 10. separation of signs on one Premise . . . . . . . . . . P-80 11. Sign Standards comparison Chart . . . . . . . . . . . p•81 12. Enforcement . . . . . . . . . . . . . . . . . . . . . P.88 I i Enclosure 1. Carson Memo . . . . . . . . . . . . . . P.89 13. Current Ordinance with Proposed Amendments . . . . . . P.91 14. P&Z Minutes . . . . . I . . I I . . 0 . p.134 I 15. Chamber of Commerce Recommendations and Quee-tionaire p.218 I i i I I I I AXX00216/3 I I i~ Attachment 1 Agenda lfem W1e P&Z Issues and Recommendations 1. "Face Changing". Recommends allowing non-conforming signs to be altered so long as they are made no more non- conforming. The temporary use permit/comply by January 1, 1996 prc~virion would be deleted. 2. Abandoned signs and supporting structures. Recommends a "use or lose" provision whereby abandoned signs and supporting structures could be used and "grandfathered" like other non-conforming signs, if the sign or supporting structure had a blank face or a bona fide sign within about (date to be specified) 90 days of passage of the ordinance. 3, Effective Area Calculation Recommendations: a. Change the enclosed area shape from a parallelogram to any regular shape or combination of shapes. b. Measure each face rather than thickness. e. Measure copy area only of signs on walls, fences or buildings (Clarification; The method that is used now). 4. Special Sign District. Decrease the qualifying frontage from 600 feet to 300 feet. 5. Monument Signo: Recommends defining monument. signs and increasing the effective area for monument signs on Loop 288 from 150 sq. ft. to 200 sq, ft. and on IH-35 from 250 sq. ft. to 300 sq, ft. 6. Allow "banners" on building walls without a permit or standards. P&Z recommends denial, and recommends adding a 30 day separation period between permits and requiring display of a permit tag on permitted wind devices. 7. Disallow banners over streets. No recommendation. 8. Temporary and stake signs. Recommends establishing a new category of regulated signs called temporary signs; put stake signs in this category. Allow any sized "stake" to support the temporary sign. 9. Increase the height standard of signs along IH35. No recommendation. 10. Six Flags Over Texas. Permit six flags over Texas with 250 foot height and 50 square foot size limits. No recommendation. Later withdrawn. 11. Sign Separation: Recommends allowing 60 foot separation rather than 400 foot separation between signs on one premise where two or more signs are allowed, AXX00216/4 /,f i . ::ern,+r:re Y Agenda No, q" 12. Clarification issues, wording changes to A9end21jBm __'o sre 1~if~exiatin standards and procedures. See Enclou 13. P&Z also heard testimony recommending other changes, but ~r recommends no change and did not consider further research or analysis of issues listed in Enclosure 2. i AXX00216/5 r „ i No, Enclosure 1 Agendalta. Clarification Issues Recommended by PAZ Ue for Amendment on August 12, 1992 1. Authorize an applicant for a planned development district to utilize the oapecial sign district regulations without meeting the 600 foot frontage requirement. 2. Add additional standards for approval to the special sign district regulations relating to traffic safety and aesthetics. 3. Clarify in the PD section of the zoning ordinance the standards minder which deviations from the general sign regulations will be approved within a PD district, as the same standards applicable to approval of a special sign district. 4. Add the definition of front yard: fx,q,t►_ Yard: An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building line as specified for the district in which it is located (the 'tbuilding setback line"). 5. Add to the definition of wall signs Wall ,%J_U means any sign, h an i e , wholly affixed to, supported by, or painted upon the wall of any building, and which is not a projecting sign. 6. Add wind device signs to the type of signs allowed in the CBD: Type. Ground, wall, roof, stake, hind device, projecting signs are permitted in central business districts, STAFF NOTE$ This issue may be reviewed again in the context of the banner issue. 7. Clarify language associated with removal of unlawful signs: Notic@, and order. Any sign which is erected, located, or altered *a ata#ned in violation of this article may be removed by the Building official as provided herein. The Building Official shall deliver or send a written notice . . . . . 8. Add definitions for collector, arterial, and freeway streets as shown on the Thoroughfare and Collector Street Maps. 9. Add the Outdoor Amusement and Recreation (OAR) zoning district to the non-residential zoning district standards section. Street maps. AXX00216/6 F.1%Il T_ti.}I P~gnda No. Agandaltem a Enclosure 1 Page . Wle ' / r 10. Create a fee of $75.00 for signs larger than two hundred fifty (250) square feet in effective area. 11. Create a fee of $50.00 for special exceptions petitions. 12. Add illuminated sign setback standards in residential districts, the same as for non-residential districts. 13. Simplification. staff proposes to develop a separate document from the ordinance that summarizes the ordinance standards, and has detailed graphics explaining and showing the application of the standards. RXX00216/7 f k Auenda No. Enclosure 2 nyeadalfem_~~. issues Not Recommended for review ua 10 `u by P&Z on August 12, 1992 g, D 1. Treat religious signs differently, 2. Allow signs on utility poles. 3. Allow 20 foot tall signs on streets where a 6 foot tall sign is now allowed. ` 4. Definition of a sign. 5. Allow the maximum size of signs up to 100 square feet where A the maximum size is 60 square feet. 6. Sign height should be a function of setback. 17. Allow portable signs to be removed from premise and returned within 48 hours. 8. Allow 48 hour temporary use of portable signs. i 9. Separate "face changing" from other issues and deal with ' sooner. h ~r I I AXX00216/8 r ati; -a ii Agenda ltem ATTACHMENT 2 U6 //JQ, & SIGN ORDINANCE CHRONOLOGY 1969 First sign ordinance adopted. 1974 Comprehensive Plan calls for revision of sign ordinance. 1974°1982 Several attempts to amend ordinance failed. June S. 1982 Council discusses portable signs and authorizes P&2 to consider j comprehensive review of sign ordinance. 1 September 14, 1983 Invitations to P&Z public hearing mailed. September 21, 1983 P&Z conducts sign public hearing. November 2, 1983 P&Z work session, reviews draft ordinance. Draft included a 10 year amortization period for non-conforming signs. { December 15, 1983 P&Z work session, reviews draft J{ ordinance. January 23, 1984 Letters mailed about P&Z public hearing. February 1, 1984 P&Z public hearing. Discussion about creating a comn.'ttee to recommend amendments and creating a sign board of adjuutment. May °O, 1984 P&Z recommends sign ordinance to council.. February 1984 - Frequent P&Z, Council, and citizen/city January 1985 meetings. January 15, 1985 council considers ordinance, a process of "three years of research and development". May 5, 1995 Council considers an ordinance. 1 Council made aware of possible State legislation which would disallow "amortization" of signs on June 1, 1985. May 20, 1985 Council considers sign ordinance to avoid "compensable costs" of proposed State legislation. 10 year amortization deleted. I F; rrjondaNo,.._ ' September 25, 1985 PAZ holds public hearing oA9WJ#fem._.. ordinance. N(a October 15, 1985 New sign ordinance adopted. 10 k January, 1987 Beautification Task Force formed, and begins work on sign ordinance. October, 1987 Beautification Task Force proposes n.aw sign ordinance. j March 1988 - Governmental Affairs Committee of 1{ January 1989 Chamber, staff., Beautification Task Force, and PAZ members meet weekly. l June 22, 1988 PAZ discusses the sign ordinance amendment process. June 28, 1988 Proposed sign ordinance and notice of PAZ work session and public hearing mailed to sign company owners. July 130 1988 PAZ holds work session and public { hearing on proposed ordinance. Moratorium on certain signs proposed. August 2, 1988 Council adopts moratorium on new portable signs and certain other ground signs. { August 10, 1988 PAZ holds public hearing. August 31, 1988 PAZ discusses ordinance provision. 1 I September 14, 1988 PAZ discusses ordinance provisions. I October 12, 1988 PAZ discusses ordi.n6nce provisions. j October 26, 1988 PAZ tables consideration. November 1, 1988 City Council Work session. i November 3, 1988 Staff presents to Chamber's Governmental Affairs Committee. November 9, 1988 PAZ holds public hearing. November 30, 1988 PAZ holds public hearing and considers ordinance. December 5, 1988 Discussion at Chamber with PAZ members, 1 Beautification members and Chamber IIII members. December 14, 1988 PAZ considers ordinance. I AXX00216/10 !LJ , I I i t1 :i i 41 aoondaNO. S3l - noendaltem._-._ January 41 1989 staff meeting with Governm~taI //~/Q?i Affairs. January 11, 1989 recommendation to1 makes Council. January 17, 1989 Council holds work session on P&Z recommendation. February 7, 1989 New sign ordinance adopted. (See Enclosure I for significant provisions.) October 3, 1989 Council requests review of setback standards. Comprehensive review of 1989 ordinance begins. Initiated by a complaint on Auburn Inn sign change from Ramada Inn, November 71 1989 Sign setback standards amended. November 22, 1989 P&Z discusses sign ordinance amendment process. November 27, 1989 signtordinance amendments discusses contractors hearing made November 28, 1989 Invitations to P&Z December 13, 1989 P&Z holds public hearing. January 10, 1990 P&Z holds sign ordinance workshop and discusses major issues. February 6, 1990 Council discusses and major issues i February 28, 1990 P&Z adopts work program. March 17, 1990 P&7, recommends amendments to enable SDHPT certification and city permitting of off-premise signs on 35, 377 and 380. April 1990 Chamber Sign Task Force with representatives from sign companies and Governmental Affairs begin to meet with staff. April 3, 1990 certifications ordinance for SDHPT May, 1990 Staff discussions with Beautification Task Force and Governmental Affairs committee, "City Viows" article published in DRC. AXX00216/11 I ' S«[ 11. c 1 AQonda No, May - September Agenda ilGm____ 1990 Staff works individually apd__ collectively with chamber sign Task Force and Beautification Task Force. August 2, 1990 Chamber sign task force and Beautification sign task force meet. August 7, 1990 Off-premise sign fee ordinance adoptod. October 11, 1990 Amendments for measuring sign height and appeals board formation briefed to Governmental Affairs. October 24, 1990 P&Z recommends height measurement and appeals board amendments. November 20, 1990 Council passes height measurement amendments and creates appeals board with its criteria for granting variances. November 1990 - February 1991 Subcommittee made up of Beautification Commission members and Chamber Sign Task Farce meet eight times for up to five hours per meeting. February 13, 1991 P&Z public hearing on concepts. March 5, 1991 Work session with City Council on concepts. March 6, 1991 Public hearing/work session with P&Z. P&Z directs staff to prepare an ordinance for their consideration. March 20, 1991 P&Z makes recommendation on sign ordinance. April 2, 1991 Council adopts ordinance. (See Enclosure 2) June 27, 1991 First Sign Board meeting. Two face change variances denied (carriage square and "strip center" at 380 and Bell), one tabled (Crown Cleaners). July 100 1991 Planning Director briefs P&Z about sign issues. August 6, 1991 Citizen complaint to Council heard about "changing face" of Abby Floor sign. Council asks for P&Z report. August 14, 1991 Director briefs P&Z on Council direction. AXX00216/12 ~ e~ 1 August 28, 1991 P&Z discusses "face chan9`NP011 variance criteria and ho1ft-_.r T hearing. September 11, 1991 p&Z discusses si_ryn ordinance X.17 ~ amendments. October 9, 1991 P&Z directs staff to prepare ordinance re. 114 year" temporary use permits and variance criteria. October 22, 1991 Council work session on temporary use permits and variance criteria. October 23, 1991 P&Z recommends ordinance. November 5, 1991 Council amends sign ordnance (1) to allow signs to be used until 1996 if they are altered, and 2) clarifies and loosens variances criteria. November 6, 1991 Crown cleaners netback variance approved. (Sign lowered to 100 tall). February 1992 Staff told of patition drive, article in DRC. April 22, 1992 Board approves 351 height variance for Cracker Barrel, allowing a 75 foot tall sign on IH35. P&Z approves sign separation deviation for Exposition Mills as part of their Pi) detailed plan. May 5, 1992 Council asks for sign ordinance amendments to be considered. May 13, 1992 P&Z discusses process. May 15, 1992 Notices of P&Z public hearing mailed to Local Affairs Committee of Chamber, Beautification Commission, and Joe Dodd. May 27, 1992 P&Z public hearing. June 4, 1992 Board approvee 40 sq. ft. effective area variance for cracker Barrel for sign on US 380. June 10, 1992 P&Z work session. July 220 1992 P&Z public hearing. Chamber letter delivered to .P&Z members. AXX00216/13 jJ zz ~ k E; Y41 il 11 fYy; III` i slowids No. AuendaHem__410C,7.~ August 12, 1992 P&Z work session and public ,t**rip , /4 P&Z recommends clarification items a~ Ik September 9, 1992 P&Z public hearing, recommends "face changing", abandoned sign "use or lose", and adding 30 day permit separation for wind devices. I` September 23, 1992 P&Z public hearing, recommends new effective area calculation, temporary sign, and 60 foot sign separation. October 19, 1992 P&Z public hearing , recommends defining monument signs and increases effective area for them on Loop 288 and ` IH-3s. I November 10, 1992 Council work session. l Enclosures: 1. 1989 Provisions 2. 1991 Provisions M I! I~ AXX00216/14 I~l i~ I` ngmsda No ENCLOSURE I Agwida Itom_3~_ _ Dile FEBRUARY 1989 SIGN ORDINANCE Significant Proviolon summary r 1. Pg_rtablg Signs: Banned new portable signs. 2. Height and Size: a. Height of signs in residential zoning districts limited to six (6) feet and 50 square feet in effective area. b. Nonresidential zoning districts i (1) I-35 - Maximum effective area - 250 square feet. Maximum height - 40 feet (2) Loop 288 - Maximum effective area - 150 sq. feet. Maximum height - 30 feet ( (3) All other streets - Maximum effective area - 60 square feat. i Maximum height - 6 feet Exception: Any premise permitted more than one on-premise ground sign may be permitted one ground ;sign of a maximum effective area - 120 sq.ft., and a maximum height of 15 feet 3. amber one sign per premise, unless frontage on more than on collector or higher level street or more than 500 feet of frontage on one road. 4. TjjjjOj ds a. No new off-premise signs allowed to be located within 1500 feet of another off-premise sign on the same side of a public street (state off- premise sign standard). b. No off-premise signs in PDFs. 5. "Banners and pennantg! Wind device signs require a permit. The permit is valid for up to 30 consecutive days. No more than 3 permits for any one premise issued in any one year. AXX00216/ 1:5 r I 1 t~ C; f, FEBRUARY 1989 SIGN ORDINANCE ngephItem-L SIGNIFICANT PROVISION SUMMARY PAGE 2 6. Flags Two ground signs which are used to display only a national or state flag are permitted per premise without regard to other provisions of the ordinance, and one ground sign which is used to display a registered corporate logo on property owned or controlled by the corporation. Size and height of corporate flag limited to a 50 sq.ft. effective area and 30 feet in height. 7. Material of Sign All ground signs except those along 1-35 and Loop 288 shall be to be constructed of stone, concrete, brick, wood, or metal. The face or message portion of the sign may include plastic material if it does not encompass more than 80$ of the effective area. 8. '!Face changing++: a. A sign that would be altered would have to conform to rill provisions. b. Signs may be repaired and not conform, unless the value of the repair is greater than 60 percent of the total value of the sign. AXX00216/16 4 1 ti tw S. AwdaNo.___ ENCLOSURE 2 Agondallem__;. Palo APRIL 1991 ORDINANCE significant Amendment Summary Size and Height on Arterial Streets: WAS: 6 ft, tall, 60 sq. ft. TO: a. Primary arterials: 20 ft. and 60 sq. ft. with a 20 ft. setback or 15 ft. and 60 sq. ft. with a 15 ft. setback. b. Central Business (CB) District: 6 ft. tall, 60 sq.ft. 2. Signs with Multiple Faces: WAS: Measure around all signs, including the air space. TO: With 3 ft, separation between faces, add the sign faces 4 together for effective area. "Air space" not included, 3. Multiple Occurs nt_ 5igD WAS: No standard. ro: Sliding scale on primary arterials. Size may be ' increased by .5 sq. ft. for each foot of street frontage up to a maximum of 150 square feet. 4. Roof Signs:_ WAS: 60 sq. ft. maximum size. TO: 60 sq. £t. for one story plus 15 sq. ft. per story up to 250 sq. ft. maximum. 5. Inflatable Devices (eg. Balloons)t WAS: Not allowed. TO: No taller than 30 ft. if attached to the ground or 10 i ft. above the building if attached to a building. Permit lengths and number of permits to be. same as for wind devices: 3 permits per year for a maximum of 30 days per permit. 6. Flags WAS: U.S., State and corporate flags allowed. TO: Allowed official business flags, not just. flags for registered corporations. 7. License: WAS: License valid for one year. i TO: License period to two years. g, Ground Sign Mate 1: WAS: Face or message portion not more than 80% plastic. TO: Eliminated material standards for ground signs. 9. Wall S anst WAS: No permit required, TOt Permit required for wall signs taller than 15 feet to insure compliance with illumination setback standards. AXX00216/17 r rJ i r; 'i rghrwn `i ~r i 10. Illuminated Sian Residential Separation Aeendaltsm _ - WAS: 100, 200, or 500 foot separation dependin4oolL..the--ty-rL ~-/,:~,-a/ ? of illumination. TO., a. if sign cannot be seen from residential area,. no separation from the residential area required. b. Required orientation of illumination to be away from residential area, or be screened. 11. Special Sign Districts WAS: Not enabled. TO: Enabled special sign districts. 12. Abandoned Supporting Structures WAS: No standard. TO: Required removal of abandoned supporting structures by June 1, 1992, or if the sign is abandoned after June 11 1991, within six months of its abandonment.) 13. "Face Change" Clarification and Tightening WAS: All sign faces could be painted and letters removed and replaced. TO: Only signs designed for painting such as billboards, or letter changing, like marque signs, could paint or change letters without becoming conforming signs. 1 This provision is not being enforced, given potential amendments which would allow these kinds of structures to remain. AXX00216/18 r~, 1'1 e ATTACHMENT 3 AlendaItem- i2:1o V4 "FACE CHANGING OR GRANDFATHERING" Chamber Proposal: Face change Out: Allow all present signs to remain and allow sign face to be changed (on conforming or nonconforming sign) provided that the sign does not become more nonconforming. As a consequence, the temporary permit requirement and the 1996 nonconforming sign removal deadline should be eliminated. Current St ndar : (a) It shall be unlawful for any person to place, locate, relocate, erect, construct, reconstruct, replace, renovate, repair, or alter any part of a sign, including the face or other integral part, or to thereafter make use of a sign for which a permit is required herein, without having first secured a sign permit from the city, except as otherwise provided by this chapter. The administering official or employee shall not issue a permit for a sign that does not comply with the requirements of this chapter. (b) It shall be unlawful for any person to make use of a sign required to be licensed b the state Department of Highways and Public Transportation as required by article 4477-9a, Tex. Rev. Ci,v. Stat., except in accordance with a valid permit issued by the city. (c) A sign permit shall not be required to periodically change only the letters, numbers, or message portion of a sign if the sign is specifically designed for that purpose, such as, but not limited to marquee signs for movie theaters, portable signs with changeable letters, billboards and poster boards designed for changing messages, and gasoline price signs with changeable numbers. Pro: signs represent significant investment which would be lost; many businesses could not afford to replace sign; some signs are attractive even if they are too tall or large under the ordinance. Most sign ordinance complaints concern this issue, therefore, eliminating this provision may stop most ordinance complaints. This provision contributes to an idea that it is difficult to do business in Denton. Cost If no time limit is imposed on nonconforming signs, how will sign ordinance objectives be reached? Existing sign clutter would remain. One of Dentonts unique features may be, then, that it has some of the most sign cluttered areas in the metroplex. AXX00216/19 I~~ e onp r:+v:, i ttY I i ' h Nonda No. n Agenda Item- Attachment 3 Qua Page 2 ~D The proposal appears to be in conflict with Denton Development Plan and strategic plan goals. Discussion of Ap)roaches: Carrollton allows face changing, but when a business receives a certificate of occupancy, its sign must conform then. A 10 year per sign temporary use permit with a 10 year tax abatement equal to the cost to remove the sign and other alternatives (See "Image" - Enclosure 1) have been discussed, but none have attracted any support. It appears to staff that a majority of thr, council would favor allowing face changing. Since the August 12th P&Z public hearing, another alternative r was mentioned. Allow multi-occupant signs only to have their faces changed. A decision in this area requires a balance between the degree to which aesthetic goals may be reached in a practical, relatively user friendly way and the real, perceived and political costs to reaching an aesthetic goal. I gecommendationt P&Z recommends approval. r ' AXX00216/20 i ~oaiida No. _ - Enclosure 1 AN IMAGE PROBLEM - A TRANSITION DILEMMA Eli lc Image 4 Denton has an image problem. 1 Parts of town are perceived as ugly because of sign clutter, overhead utility lines, and trash. It is believed by some that Denton is a difficult place to do business due to its strict regulations, including the sign ordinance. A success element of the strategic plan calls for Denton "to become a unique and special city in the metroplex." A strategy to j reach the success element Is to "promote entryway regulations and beautification programs." A Denton Development Plan goal is to Improve the image and character of the community. "Grandfathering" all existing signs will not improve the image of the community in certain areas; University Drive and IH35-E, for instance. It may improve Denton's image as a less difficult place to do business. Transition The sign ordinance adds not inconsequential financial costs to a new business that would be reqquired to remove a non-conforming sign in order to have a conforming sign. The current regulations passed in November, 1991, allow for a temporary use of a non-conforming sign until January 1, 19960, in part to allow the business and/or land owner to save for the cost of removal and amortize the value of the old sign. The largest of our non-conforming signs would not be amortized by January 1, 1996. it has been argued that the grandfathering nay put new sign owners at a disadvantage. New sign owners' complaints about this may increase if all existing signs are grandfathered. Purpose of sign =inancE~ Staff has used the word "effective signage" to define the purpose of the sign ordinance. We have also used the word "attractive" to describe a signage goal. one dictionary defines "effective" and "attractive" as follows: AXX00216/21{ , IRn', i1 f I I I I ~ I i I I,Jonda No. Enclosure 1 ApOnd'Alfero~ - An Image Problem Page 2 D~,o ef-fec-tive, adj. 1. adequate to accomplish a purpose; producing the intended or expected result: "effective measures". 2. actually in operation or in force, function: "the law becomes effective at midnight". 3. producing a deep or vivid impression; striking: "an effective photograph". at-trac-tive, adj. 1. appealing to ones sense of beauty; providing pleasure or delight, esp. Li appearance or manner; pleasing; charming; alluring: "an attractive woman". 2. arousing interest or engaging one,,.; thought, consideration, etc.: "an attractive idea; an attractive I price". 3. having the quality of attracting. Another Proc,osa i Following is a proposal to define the time when a sign would be made conforming, a financially fair way to transition current sign clutter to effective attractive signage, and a summary of previous ideas which were rejected. I 1. Extend the vo.7untary amo;•tization Period from January 1, 1996, t~ 10 yea~•s fox every sign that wou d take advantage of the temporary use pormi t 07-OC/ess. 2. Provide a propert: tax abatement over 10 years for the cost to remove the .sign. So.. Attachment 4. This puts the olc7 non- conform1hq s.iyn owner on equal footing with the new sign owner, by eliminating the extra cost to remove an old sign. The tax revenue effect of this approach is probe 7y no more than $5000 annually. Daher Annroac es to "Transition", ' 1. Bonus provisions. Rejected by Chamber/Beautification subcommittee in 1990. 2. Special exception. Legal problems, rejected by Subcommittee in 1990. I 3. In 1991 and 1992, staff proposed to representatives from Carriage Square and Denton Center elements of the two items above as part of a special sign District or PI) zoning. AXX00216/22 olr1~ , i N~rJnr}a No...~a Enclosure I Agenda Item.- An Image Problem WO..._.__//.-A)-..Vz-, Page 3 ~a74,/ Items discussed included: a. Development of a schedule to transition to conforming signage. b. Bonuses for integrated, attractive, effective sig.nage. c. Trade off of larger signage for more landscaping, fewer curb cuts and better residential buffering. d. City participation An overhead power line removal. These kinds of negotiated arrangements would be criticized by others as too much, or too little. In any case, no response was received and there would be no incentive or need for them, if all signs are grandfathered. 9. Phased in standards. Progressively make the standards more strict for all signs over given periods of time. Legal problems. Rejected by P&Z in 2990. AXX00216/23 a 3 rV ~klenda NO• 7~ ENCLOSURE AQOnda hm__.' - GROUND SIGN PERMITS ISSUED SINCE FEBRUARY 1989 THROUGH JUNE 5o 1992 TQ39tr t B,' ! 8T1t1~ 525 I-35 Shoney's New - Conforming Silver Dome Road N.E. Baptist Church New - Conforming 829 N. Locust Favors Antiques New - Conforming 637A Londonderry CPA Firm New - Conforming 4200 E. University Bird Baths/Statues New - Conforming 4412 Worthington Denton Medical Center New - Conforming 717 Dallas Drive North Texas Autobody New - Conforming 2249 S. Loop 288 Pic n' Save Nonconforming - Conforming 1816 Shady Oaks Mobil Lubricants New - Conforming 215 W. Hickory Bank One (2) Sigris Nonconforming - Conforming 2025 W. University DeBerry Funeral Home New - Conforming 3118 Las Colinas Diagnostic Clinic New - Conforming 416 W. University First GibralteY New - Conforming 2434 Louise Apartment Complex New Conforming 4628 E. University Bird & Pet Center Nonconforming Conforming 1200 Lindsey St. Iglesia Sobre la Roca New - Conforming 820 I-35E Auburn Inn Nonconforming Conforming 915 Fort Worth Drive _ Kelsoe oil Company Conforming -_Confor_ming 600 S. Elm Gossett Building New - Conforming 1205 E. University Chevron Nonconforming Conforming 1103 W. University Chevron Nonconforming - _ Conforming 1408 Teasley Woodhill Apartments New - Conforming Hickory @ Ruddell Real Estate Sign New - Conforming 1205 N. Locust St._ Barnabas Church New - Conforming 3333 W. University Selwyn School (2) New -_Conforming 1111 Cordell Unitarian Church New - Conforming 300 N. BA].1 Golden Chicken Nonconforming g - Conforming AXX00216/24 A, i kondaNo. # ' 1 '~2 Y f +.:'i7VQ Art` d` ~ Hr 0 2121 E. University Lutheran Church Noi-conforming Conforming 101 Laap 288 Phillips 66 (1) New - Conforming and (1) Nonconforming - Conforming 3811 I-35E Psychic Reader Conforming - Conforming 5209 I-35E Camping World New - Conforming 1516 San Gabriel Support the Arts sign New Conforming 1223 McCormick Texaco Nonconforming - - Conforming 400 N. Loop 288 Action Carpets Nonconforming - Conforming 315 W. University Kentucky Fried Nonconforming - Chicken Conforming I-35E @ Bonnie Brae Real Estate Sign New - Conforming Robertson @ Skinner Real Estate Sign New - Conforming 900 Avenue C Quick stop Nonconforming - Conforming Teasley @ Immaculate Conception New - Conforming Pennsylvania Catholic Church 1205 E. University Chevron New - Conforming Air Denton Denton Airport Nonconforming to Conforming 700 Londonderry Payton, Lawrence & New - Conforming Inc. 801 N. Elm North Texaac Conforming - Conforming Counseling Services 116 S. Elm American Crafter's Nonconforming to Mall Conforming _ 321 Hickory M Bank Nonconformina to Conforming - Sadau Court Braum's Ice Cream New - Conforming 400 I-35 Luv Homes Nonconforming to Conforming 1701 W. Oak Colonial Apts, (2) New - Conforming - signs 2313 Colorado Blvd. Arby's New Conforming 501 S. Carroll. Blvd. Office Park (2) New - Conforming signs _ 1.501 Eagle Ave. North Texas Laundry Nonconforming to Conforming 3 r Agonda No. l.? i $ , IT . ,17~rx A3 {{J Ur a fR YWti-~ 1722 Cooper Crk. Rd. Safety Kleen New - Conforming ~Aal 717 1-35 For Lease Sign Now - Conforming 1911 W. University Triple A Oil Co. Nonconforming to Conforming 2414 N. Elm Carpets New - Conforming 1919 N. Elm Methodist Church Conforming - Conforming 809 N. Locust This old House conforming conforming N. Locust Street, McMillian Excavating New - Conforming South of Bobcat Road 808 w. University Grandy's Nonconforming to Conforming 2314 San Jacinto Lease Space Sign New - Conforming 2511 Charlotte Apartment Complex New - Conforming 2926 E. University Parts Plus New - Conforming 2217 N. Carroll Denton Fairgrounds New - conforming 2718 W. University Km center (TUP-001) Nonconforming to Nonconforming 1516 Teasley Lane Kentucky Fried New - conforming Chicken 2701 W. Oak Greyhound Bus New - Conforming 510 S. Locust Z's Auto Supply Nonconforming to Conforming 215 N. Carroll Kincaid Attorney New - Conforming 1014 Dallas Drive Multi Tenant Sign Nonconforming to _ conforming 1415 W. Oak 7-11 Nonconforming to _ Conforming 1115 E. University 7-11 Nonconforming to Conforming 412 Avenue E 7-11 Nonconforming to Conforming 12400 W. University Denton County Conforming - Conforming Pediatric 1600 Dallas Drive Animart New - Conforming 3905 Morse street Federal Land Bank New Conforming 1605 Dallas Drive Pep Boys New - Conforming 706 S. Locust The Whole Shebang Conforming - Conforming AXX00216/26 It I f7 . ~i I ~t A?coda Nd 'rXq r 2249 S. Loop 288 McFrugals Cohforraing - Conforming o2 1u03 Shady Oaks N.T. Autobody Conforming - Conforming 1801 W. University Denton Tool & Conforming - Conforming Fastener 2200 Bell Avenue Trinity Presbyterian Conforming - Conforming Church 328 W. University I CanOt Believe ites New - Conforming Yogurt 900 Avenue C Quick Stop Nonconforming to Conforming 1005 W. University Thrifty Nickel Conforming - Conforming A Teasley @ Hobson Real Estate Sign New - Conforming LOngridge @ Pembrook Rea?. Estate Sign New - Conforming 1500 S. Bonnie Brae Liberty Christian New - Conforming School 2030 W. University Goodwill Industries Nonconforming to Conforming 426 oakhill Community Policing New - Conforming Center Loop 288 @ McKinney Real Estate Sign New - Co` ning 715 - 717 Dallas Dr. Color Customs Nonconforming to Conforming 1507 Eagle Drive Metzlers Nonconforming to Conforming 1100 S. IH35 Real Estate Sign New - Conforming 303 N. Carroll Blvd. Townhill Office Park Conforming - Conforming 2104 Sadau Ct. Multi-Tenant Sign New - Conforming 3114 W. University Stan's Shell Station Nonconforming to conforming 1918 N. Carroll Master Choi's Conforming - Conforming Tae Kwon Do 2305 N. Carroll Hastings Records New - Conforming 1106 W. Oak Grace Temple Baptist New - Conforming Church 215 Mulberry Denton Area Teachers New - Conforming Credit Union 2 L 303 Colorado Carpets Plus (TUP-002) Nonconforming to Nonconforming 1810 Westminster Forrestridge Apts. New - Conforming AXX00216/27 f i 1 I ~i CF !An An d2 HWL- ti y 8, :W~Y'SCV-114.;~F~Y^) RnL~::ft. ..'.~5 ~1 r~ I 1105 E. University Crown Cleaners (sV-01) Nonconforming a I T Nonconforming 2801 N. Elm Cornerstone Baptist Conforming - Conforming Church Loop 288 @ I-35, Exposition Mills New - Conforming north of Westgate outlet Mall 1103 W. University Phillips 66 Conforming - Conforming 1116 N. Elm Dr. White, DDS Conforming - Conforming 3286 N. Elm Texaco New - Conforming to 800 S. Locust Robert's Auto Nonconforming Conforming 2810 N. Locust Hillcrest Baptist Conforming - Conforming church I-35 @ Lillian Miller Real Estate Sign New - Conforming 3100 Ft. Worth Dr. Real Estate Sign New - Conforming Northeast corner of Real Estate Sign New - Conforming Anna @ sunset 820 S. I-35E Quality Inn Conforming - Conforming 524 R. Carroll Gazebo Apts. Conforming - Conforming 217 E. Oak Love Touch Nails New - Conforming 416 W. University First Gibralter Conforming - Conforming 343 E. Hickory Weldon's Saddle Shop New - Conforming TOTALBI Conforming to conforming - 21 grou-4d signs Nonconforming to conforming - 32 ground signs Nonconforming to Nonconforming - 3 ground signs New conforming - 67 ground signs Total Tssued 123 ground signs AXX00226,28 aU i' t i~ F: Agorida NA, ENCLOSURE 3 Agor.~allern Cola . //~/O "FACE CHANGING" COMPARISON C~ ALLOW DO NOT ALLOW Bryan Denton Gainesville Addison Garland Arlington Grand Prairie Carrollton, except some bar.iers. When Hurst CO is issued, sign must conform. Lewisville Lubbock Sherman McKinney Plano, except some businesses ' AXX00216/29 Q9 I , la !i A np©nda Itam__~,.,._ Attachment 4 py' ~e2 Y ABANDONED SIGNS AND SUPPORTING STRUCTURES Chamber Proposal: Abandoned-Sians And B1 nk Face Oation: Allow blank/neutral sign faces (allowing eiaperimposing "Shop Denton Firstit or other community goodwill message) ur:. .:e placed in sign structures to avoid problem of advertising non-existent business/event to prevent the sign/supporting structure from being deemed "abandoned". Also, allow blank faces to be put into sign structures that are currently empty to bring them within this new protection. Blank sign faces should be installed in existing sign structures on or before a fixed date (six months from date of adoption of new ordinances); after adoption of the ordinance, blank sign faces should be installed in sign structures within six months of tenant/business move-out. In other words, "use it or lose it." Current Standard: The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements: (1) If it is an abandoned portable sign, remove it within thirty (30) days of the date it becomes abandoned. t2) If it is a ground sign that does not meet the size, height, setback and other requirements of this article and is abandoned on or before June 1, 19910 the owner shall remove, modify, or relocate the abandoned sign by June 1, 1992, as is necessary to comply with the requirements of this article. If the ground sign does not meet the size, height, setback, and other requirements of this article and is abandoned after June 11 1991, the owner shall remove, modify, or relocate the sign within six (6) months of the date it becomes abandoned, as necessary to comply with the requirements of this chapter. (3) If a supporting structure used or designed to be used with a ground sign is abandoned on or before June 1, 1991, and the abandoned supporting structure does not comply with the current size, height, and setback requirements applicable to ground signs, the owner of the premise shall remove, modify, or relocate the supporting structure by June 1, 1992, as necessary to comply with those requirements. If a supporting structure that does not meet the size, height, and setback requirements applicable to ground signs is abandoned after June 1, 1991, the owner shall remove, modify, or relocate the supporting structure within six (6) months of the date the supporting structure becomes abandoned as necessary to comply with those requirements. In determining whether the supporting structure AXX00216/20 I !1 Alonda No. AgoadaItom_.___ RAO Attachment 4 ~Q n~✓~~ f~ ABANDONED SIGNS AND SUPPORTING STRUCTURES Chamber Proposal: Abandoned Signs and Blank Face option: Allow blank/neutral sign faces (allowing superimposing "Shop Denton First" or other community goodwill message) to be placed in sign structures to avoid problem of advertising non-existent business/event to prevent the sign/supporting structure from being deemed "abandoned". Also, allow blank faces to be put into sign structures that are currently empty to bring them within this new protection. Blank sign faces should be installed in existing sign structures on or before a fixed date (six months from date of adoption of new ordinances); after adoption of the ordinance, blank sign faces should be installed in sign structures within six months of tenant/business move-out. In other words, "use it or lose it." Current Standard: The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements: If it is an abandoned portable sign, remove it within thirty (30) days of the date it becomes abandoned. (2) If it is a ground sign that does not meet the size, height, setback and other requirements of this article and is abandoned on or before June 1, 1991, the owner shall remove, modify, or relocate the abandoned sign by June 1, 1992, as is necessary to comply with the requirements of this article. If the ground sicjn does not meet the size, height, setback, and other requirements of this article and is abandoned after June 1, 1991, the owner shall remove, modify, or relocate the sign within six (6) months of the date it becomes abandoned, as necessary to comply with the requirements of this chapter. (3) If a supporting structure used or designed to be used with a ground sign is abandoned on or before June 1, 1991, and the abandoned supporting structure does not comply with the current size, height, and setback requirements applicable to ground signs, the owner of the premise shall remove, modify, or f relocate the supporting structure by June 11 1992, as necessary to comply with those requirements, If a supporting structure that does not meet the size, height, and setback requirements applicable to ground signs is abandoned after June 1, 1991, the owner shall remove, modify, or relocate the supporting structure within six (6) months of the date the supporting structure becomes abandoned as necessary to comply with those requirements. In determining whether the supporting structure AXX00216/30 i ~!~nnda Ilorn_._ a ...._,s.._.~-- complies with the size requirements applicable to ground si s, the effective area of the can, frame, or similar part of the supporting structure that holds or to which the sign is attached shall be measured in the manner applicable to signs except that all air spaces shall be counted. I (4) Any abandoned sign or abandoned supporting structure not removed by the owner as required herein, shall be considered an unlawful sign and may be removed by the city in accordance with the provisions applicable to the removal of unlawful signs. I (5) use in this beams, cables,aOrnother materials supporting thatuarerused means or once were used to support an abandoned sign. (6) If a ground or attached sign that conforms to the regulations of i 4 this chapter is abandoned, the owner shall either remove the ! sign and supporting structure so as not to be visible from any public right-of-way, or paint out or cover the message portion ` of the :sign so as to leave the sign and supporting structure neat and unobtrusive in appearance, within ninety (90) days of 'h the date it becomes abandoned. 1 gam: Property owners sometimes cannot rent office/building space for quite a while in this economy; therefore, they should be able to preserve their investment in their signs by putting in a l bland face until a new tenant arrives. I con: If no time limit is imposed on nonconforming signs, how will objectives be reached? Discussion of..A?)t)roacb s: Some of the community's most aesthetically objectionable structures are its abandoned supporting structures. They may be seen as less awaits Current be sesare not now tablished. being objectionable enforced is they staff may R~mmendation: P&Z recommends approval. / AXX00216/31 3~, i P;jorJa Nn. Attachment 5 CALCULATING EFFECTIVE AREA, SIGNS AND SPECIAL SIGN DISTRICT Chamber Proposal: Caiculatip of Effective Sian Area: Effective area of a sign should be calculated by measuring the dimension of the actual face of the sign { bearing the communicative design, and should not include supporting structures, architectural features, or the plane on which the sign face is mounted or depicted. I This proposal measures sign copy and not the entire sign, ur the background area of the sign carrying the message. Current Stapd ard: Effective area means the area enclosed by the smallest imaginary parallelogram which would fully contain all portions of the sign when rotated horizontally around the sign. The effective area shall not in<-.lude that portion of the supporting structure which is used solely for support of the sign and which is not an integral part of the sign, such as poles, columns and cables, but shall include all decorative or ornamental elements and features, borders, trims, or other materials or portion of the sign or supporting structure which is an integral port of the sign. See Enclosure 1. All signs on a single supporting structure shall be measured together as though they were one (1) sign to determine the total effective area, ' except that signs separated by more than thirty-six (36) inches of air space at every point between the signs shall be measured separately and M added together to determine the total effective area. Pro: May provide an incentive for (or eliminate disadvantages to) monument type signs and embellishments around typical rectangularly shaped signs which may be viewed as more aesthetically pleasing than the typical rectangle pole sign. Con: Would allow the structure which would be used for advertising to be, in the worst case, of an unlimited size, an inequity to other types of signs, and if abused, considerably more k unnecessary and unattractive street clutter may occur. If Discussion of Approaches: There may be advantages to looking at other approaches. (1) The current standards uses a parallelogram as the figure. Some signs may be shaped more in the form of a triangle, circle, or another regular figure whose area is easily calculated. AXX00216/32 1 i ii is .f r<q Agenda Attachment 5 Page 2 (2) The current standard measures sign thickness and creates an advantage for multi-sided signs which have more than one face visible at one time. (3) The current sign ordinance does not spell out the means to measure the effective area of projecting signs (signs extending more than 12 inches from a building's wall) signs on walls or fences, or on canopies or awnings. Alternatives 3a. - Regulate monument signs as a new class of ground signs. • Define Monument Signs. BIGff, MONUMENT. A "Monument Sign" is a sign having a low profile and made of stone, concrete, metal, routed wood planks or beams, brick or similar materials. A monument sign shall be solid from the ground up, pole(s) or supports shall be concealed. (Carrollton) in Carrollton, a tall monument sign is called a pylon sign: "a free standing sign supported by a tall monumental structure." 3al. - Allow larger effective area. 3a2. - Ratio of message portion or copy to entire monument. e.g. 4-1; 2-1 3a3. - Material, e.g. masonry 3a4. - Maximum height 3a5. - Measure the area the sr-we way it is measured for a sign on a building wail. 3b. - special Sign District: Increase public decision flexibility. Decrease street footage from 600 to 300 feet. (4) Other's regulations concerning effective area is ;?:closure 2. Carrollton's graphics are enclosure 3. 1 DISCUSSION OF ALTERNANVES 1. Calculations of effective area of freestanding signs which include borders, trim, decorative or ornamental trim measures the area seen. This is the area designed to be seen for advertising purposes, 2. if monument signs are viewed as a preferable type of sign to a typical pole sign, allowing larger monument signs would be appropriate. AXX00216/33 { I f An,x/a Nu. °Za Attachment 5 ) X / Page 3 The ratio method of message portion to total effect*Ave area is an attractive and innovative approach to promoting the use of monument or monolithic type signs. If this approach were used, with the same height limit as now defined, and a 4t1 ratio were used, monument signs on IH-35 could be 1000 square feet in effective area, have 250 square feet of sign copy, and be 40 feet tall. 3. The Special Sign District was designed to allow the public to literally 1 see if larger, taller, or an increased number of signs would be more "effective" and "attractive" (See "Image" for definition of effective and attractive) than application of the standards. There have been two variance cases where suoh a situation appeared, but the premise lacked 600 feet of frontage. However, the special district approach could take 60 to M days for a decision to be reached. P&Z Recommendation: Following is a combination of Temps, Arizona (Enclosure 4), Xelly and { RassoOs tuodel ordinance, the current standard, and others. (1) Eliminate the definition of effective area. 1 (2) Add a seotioni computation of Effective Area. Effective area means the area enclosed by the smallest imaginary { regular shape (gag, parallelogram, triangle, circle, trapezoid) 1 or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Effective area includes such features as decorative or ornamental elements or features, borders, trims, but not including any supporting structure which As used solely for support of the sign, such as pules, columns, and cable, or decorative fence, screening device or wall. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background / for the sign copy, shall be measured as the area contained within the outside dimensions of the background panel or surface. AXX00216/34 L~ i r { a ~pc~rrda ItArrr.--~'~` Attachment 5 (a: Page 4 Sign copy mounted as individual letters and or a a wall, fence, screening device, awning or fasciaaofias i Or other structure that has not been ldint ot2~~arwise altered to painted, textured orlding sign co provide a distinctive background of the ll be smallestyregu,lar shape meaorsured as the enclose all sign copy, ' shapesethat wthe ill a i Y rIrst an r aWhere there are a number of sign faces or more than one sign on supporting structure, One--Area of the single face only, Two--If th.;: interior angle between the two faces is 450 the area will be the area of one face onl the two sign faces is Y1 if the or less, the sum of the areas ofrtheetwohfaces,' the sign areagwillbebe8en Three or more sides--The sign area will be the sum of the areas of each of the faces, AXX00216/35 351 i Attachment 5 AjmdaNo.. Page 6 Fg9gdall9~/i°- /#yf h3IU All signs on a single supporting structure shall be measured together as though they were one (1) sign to determine the total effective area, except that signs separated by more than thirty- six (36) inches of air space at every point between the signs shall be measured separately and added together to determine the total effective area. Spherical, free-form, sculptural, other non-planar signs--The area enclosed by the smallest imaginary regular shape or combination of shapes which would fully contain all portion of the sign when rotated horizontally around the sign. (see Enclosure 1), i i • i • Decrease the 600 foot standard for qualification for a Special Sign District to 300 feet, Define monument signs, • Allow larger monument signs as followsi , Street Frontage Effaotive_Arga Loop 288 200 sq. ft. / IH-35 300 sq, ft. AXX00216/36 3r - 1 I ' a is 4 I ENCLOSURE l ~~nndaNo, 33.225 DENTON CODE Agenda Item Sea. 33.225, Effective, Brea, The illustration for the effective area of ground signs Is as follows; i 14e,EPRECTIVE AREA GROUND SIGNS / 1 -rrrrrr Vii rr I I / 1M1 1/11~11~~ llll~ so twig 11411 16 »e I~V/~I ►IIY `a' I ~ i I {Ord. No. 89.017, 4 =(App. H, 111ustration 14s), 2.7.89) ' Sec. 33.220, Exceptions to effective area, The Illustration for exceptions to the effective area of signs is ae follows: 14tsIFFUCTIVE AREA EXCItPTIONS I rxewere rkow iNet+esre iN srfseTtVS AU1A WHIM AURA (Ord, No, 89.017, 9 XX(App, H, Illustration 141), 2.7.89) 8upp. No, 1 2322 i .onnda No. 9~? ^ ltAm.___.w Enclosure 2 Agenda 01[0 'Z COMPARISON OF OTHERS" ?~f~~~ FOR THE ~J MEASUREMENT OF EFFECT1vE AREA Addison - Effective Area Effective area means the area enclosed by drawing a rectangle of horizonal and vertical lines which fully contain H11 extremities of the sign drawn to scale, including architectural design elements such as decorative bordering, but exclusive to the sign supports. The measurements is to be calculated from the viewpoint which gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign. Atlinaton - sign Area (1) Wall signs: (a) Sign copy mounted of painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as the area enclosed by the smallest single rectangle that will enclose the outside dimensions of, the background panel or surface, including sign trim or frame. (b) Sign copy mounted as individual letters end/or graphics against a wall of fascia of a building shall be measured by the smallest single rectangle that will enclose all sign copy. (o) Sign copy mounted or painted on an illuminated surface shall be measured as the area enclosed by the smallest single rectangle that will enclose the entire illuminated surface and sign trim or frame. However, for a continuous sign band that is an integral part of the building architecture, the area shall be measured as the portion containing the graphics of the sign. (d) Sign copy on awnings shall be measured as the area enclosed by the smallest single rectangle that will enclose all the copy on the awnings, Note that copy size on awnings is restricted by other regulations. (e) Multiple wall signs shall be permitted provided that the cumulative area shall not exceed the aroa permitted for a single sign. The cumulative area shall be determined by the sum of no more than four (4) rectangles, each enclosing an individual sign. (2) Ground Signs: (a) The area of a ground sign shall be measured as the j enclosed by the smallest single rectangle that will 1 I AXX00216/37 2( * JCS ~ i I I J: h k 1;rlda NO 31f CITY COMPARISON nr~en~altem_ 9 ,:2 EFFECTIVE AREA - PAGE 2 OF 7 -1d 'yam Arlinaton-1gontinued), - enclose the entire sign structure. Exceptions; Ph L4 portions of the sign base within two feet (21) of grade need not be included in the area calculation for the sign. Where special requirements allow the height of a base to be increased to four feet (41), the base shall not be included in the area calculation of the sign. (3) Pole Signs: (a) The area of the pole sign shall be measured as the area enclosed by the smallest single rectangle that will enclose the structure exclusive to the poles less than twelve inches (12+1) in cross dimensional area. Exception: Any portion of any pole extending above the bottom edge of a sign shall be included in the area calculation for the sign. i (4) Where there are a number of sign faces on a single sign, where no interior angle exceeds ninety degrees (900), the ' total allowable area shall be doubled and the square footage may be distributed among the various faces with no single side exceeding the original allowable area. (5) For spherical, free-form, sculptural and other nonplanar f signs, the sign area Rhall be the sum of the areas using h only the four (4) vertical sides of the smallest hexahedron that will encompass the sign. i i Bryan Area Sign (1) Projecting and Freestandi.••y: The area of a freestanding of projecting sign shall have only one face (the largest one) of any double or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or two individual cabinets: (a) The area around and enclosing the perimeter of each cabinet of module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments. (b) If tho sign is composed of more than two cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy. Axxoozis/aa 4'imaa No, CITY COMPARISON EFFECTIVE AREA AgaitdBllam PAGE 3 OF 7 D.1lo 11~ (2) Wall Signs; The area shall be within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message. if the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area sh 1.7 be calculated by measuring the area within the PL- ;eter of each symbol or letter. The combined areas of t1;,+ individual figures shall be considered the total sign area. Carrollton - Sign Area: "Sign Area, is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme l.i.mits of each face. In the event two (2) or more sign faces share a single structure, each sign face or panel may be considered separate for square footage purroses, provided that each sign or panel has no relationship to the other. signs may be V- shapcd not to exceed 45 degree angle and can have only two (2) sign faces. Denton - Effective Area Effective area means the area enclosed by the smallest imaginary parallelogram which would fully contain all portions of the sign when rotating horizontally around the sign. The Effective area shall not include that portion of J the supporting structure which is tised solely for support of the sign and which is not an integral part of the sign, such as poles, columns and cables, but shall include all decorative or ornamental elements and features, borders, trims, or other materials or portion of the sign or supporting structure which is an integral part of the sign. See sections 33-225 and 33-226. S~ainesville - Effective Area (1) Effactive Area, for Detached Sign. (a) Effective area, for detached signs shall mean the area enclosed by the minimum imaginary rectangle of vertical and horizonal lines which fully contain all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that king, as if the viewpoint is rotated horizontally around the sign. If elements of the sign are moveable or flexible, as a flag or string of light,v, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. AXX00216/39 CITY COMPARISON Dalo EFFECTIVE AREA 'l 1G PAGE 4 OF 7 D (z) Effective Area, for Attached Signs (a) Effective area, attached signs shall mean the sum of the area of the minimum imaginary rectangles enclosing each word attached to any particular facade. This definition shall also apply to sign s which are composed solely of words which identify a premise and which are attached to free-standing walls. aarland - Sign Area (1) Sign area, for free-standing signs,means the area enclosed ' by the minimum imaginary rectangle of vertical and horizonal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, ao the viewpoint is rotated horizontally around the sign. If elements are moveable or flexible, such as a flag or a string of lights, the measuremFnts shall be taken when the elements are fully extended and parallel to tho plane of v nw. The sign area for tho attached signs shall mean the rum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular f acade. This Definition shall also apply to signs which are whichcoamposed attached ytoffrewords which e-standing walls not over i six and feet in height. Grand Pre~Yi~ Sign Area/Face (1) Sign area/face-total possible display area of sign, excluding open spaces and supports, unless they are designed to attract attention. Hurst - S Area Measurement (1) Because signs displayed apart from a building are deemed to have a greater impact than those consisting of symbols { attached to a building, a different method of measurement is provided for different types and combination of signs, (a) Type A and B signs when used alone or in combination with each others If the sign consists of letters painted on or attached to a building surface or a Type B sign surface without a background distinguished by color or internal lighting or enclosed in some type of AXX00216/40 4 1 } 1 (1 1 CITY COMPARISON ~~(ifld3lt(3fn._. w. EFFECTIVE AREA PAGE 5 OF 7 painted or designed frame, then the allowable sign o area for Type A and Type B signs shall be the sum of the area of the rectangles necessary to enclose each feature, symbol , letter, and number displayed on all exposed sign message surfaces of the sign, If the sign lettering is enclosed in a painted or designed frame, or is in an area distinguished from the surface on which it is mounted by color,or if the sign is internally lighted, then the entire area so lighted, colored, or framed shall be deemed to be the area of the sign. All exposed sign message surface shall be considered in determining sign area. h (b) Type A signs when used in conjunction with Types C or D signs : The allowable sign area for Types C, or D signs shall be the combined area of exposure of all sign message surfaces. If such ,sign consists of letters attached to a building, eruch sign message shall be deemed to have a surface area equal to the smallest square, rectangle or circle which can encompass all symbols, letters and numbers comprising the sign. M (c) Types C, D, and F signs: The allowable sign area for types C,. D, and F signs shall be combined area of exposure of all sign message surfaces. supports shall not be measured, except for type B signs where they shall be so measured. all sides of a multi-sided sign shall be calculated in arriving to an total area. If type C or D sign consists of letters or symbols painted on or attached to the surface without a background distinguished by color or internal lighting from the support therefor or enclosed in some type of painted or designed frame, then the sign area shall be deemed to consist of only that portion from the bottom of the lowest symbol or letter or (9istinguishing color at the top of the sign. (d) For all types of signs, allowable sign area based on the building or property frontages shall apply only to each receptive street frontage and sign area for all street frontages shall not be combined along one street frontage. Lewisville - l sign Area (1) sign area., The entire area made available by the sign structure for the purpose, of displaying the advertising message, The sign area as defined, shall be used in determining the allowable square footage of signs. AXX00216/41 ~a , I lf] nnda No. CITY COMPARISON A~anda Nnm.____ EFFECTIVE AREA [blo PAGE 6 OF 7 Lubbock - Sign Area (1) sign areas The area of any free-standing sign or billboard shall he the sum of the areas enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame but excluding any supports. Sign area for all other signs shall be the sum of the areas of the minimum imaginary rectangles, triangles, or circles which fully contain all words, numbers, figures, devises, designs or trademarks by which anything is made known. MaKlnney sign, Effective Sign Area-Measurement (1) sign, Effective Area-Measurement- means the area enclosed by drawing one or more rectangles of horiaonal and vertical lines which fully contain all extremities of the sign drawn to scale, exclusive to Its supports. The measurement is to be calculated from the viewpoint which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. P1 ~ - Gross Surface Area of Sign (1) The "gross surface area of sign" is the actual area of the face of the hign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape, In the case of an Irregular shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area", in the event two (2) or more signs share a single structure, each side or panel may be considered separately for square footage purpose, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Richardson - Gross Surface Area of Signs (1) "Gross surface area of signs" shall mean the entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign have information on two (2) surfaces shall be considered as a single sign, providing that the surfaces are located back to back. A sign having information on three (3) or more surfaces shall be calculated of all portions and evaluated as a single sign. In the event that two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, providing that each sign or panel has no relationship to the other's, and that the combined area of such signs cannot exceed the total square footage allowed when evaluating a single sign. For signs AXX00216/42 ~3, E ifindaNo. __.yv? CITY COMPARISON Agenda EFFECTIVE ARE' pals __,1•'~.2! P71OR 7 OF 7 so constructed where related portions are located on D separate structures or vehicles, the gross surface area shall be calculated as the sum of all portions and evaluated as a single sign. Supports for Class 5 signs less than six (6) feet in height an, rsed as an element of landscaping to determined by measurc..:ont of a single continuous line enclosing the extreme limits of the sign, providing that such calculation shall not include planter boxes, screening walls, retaining walls, and similar improvements. Sherman - Not Defined Kelly & Rasso Modal - Computation of Area (1) Computation of Area of Individual Signs (a) The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of writing, representation, emblem, or other display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it Is placed, but not Including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and Is clearly incidental to the display Itself. (2) Computation of Area of Multifaced signs (a) The sign area for a sign with n.jre than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces area placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. hXX00216/43 i 1~ r i ' r Encliaura 3 i',Qwaitem- Carrollton s CONVENIENCE STORE I a~ W S 75% o~ Z M H x W a i CAN WALL SIGN l w•~ Ta WE"AMMU WLAMAWK lAREA M : MA'Aiawu SWAN Fur M S 200 WAN my i as 45, t`-4i. raa S "I r ol ;T 41 ' AQ~llflB jtEl nl~~~~r,.. i RESTAURANT j w ; ' i W 759 OF Z M H x W AWNING WALL SIGN H r 4001T W MLUWAS9 SON AMU W• M O N W M[AStMAS U SIGN AfCA / 2 r WALL CUVATM 014 Al r MAW" MAN RtY N t 100 SOAR[ tw. 16 J4ZA . S 1 f i i2 Z W f ~ I " GAS AND FOOD ~ j 1 W S 75% OF Z M = H x W WALL SIGN INDIVIDUAL LETTER If - HIJW Of MLMRAW SM AAA W . NAOTM OF MCARMASU SIGN 4KA 2 WALL IUVATM moym M w MAXIOW IWARC FUT M s 200 SWAN FICT 27 '41. r, f~ pdsndalfaro_..FP.~ Fr. Di,n i I W I I I I MOM'S DONUT x PALAC I M=HxW I I MONUMENT SIGN w AKAA x • MAxlMuM Wcow or xjrsPW M MAMWM SWAN fly M t s0 SWAN nv 28 { 46, ' 'I 'I k Ilk 4 r t i w A MOMS DONUT X PALACE f f • ` 1 % 'W0 *0 WWI .rri rr rr rr rr rr rr ri + ~ rW 'f • J' MAX MONUMENT SIGN/GERM W. N ■ am1MHVQHT DI ~ ANt X .t f ■ "TO 4N LANWAR WM M r MAW" $QUAK PUY M 1 10 WAN MY 29 7R. rF ~1 6 I Agenda item.__.. Wt0 _._._/I IQ r Q9J J~ W I MOM'S X DONUT X PALACE f E • Y MAX M • H W MONUMENT SIGN/PLANTER W: Mm qwoym AREA j x m !p1 AREA xssrw M . MAftmIm ON XMpJy lfw~1 BERM M s 10 SWAAL FW i 30 *D . i k I ~y rr.:e o• - I1hr , I - Agoodaltem~._.._a -9z i i k I ROD'S RETAIL. CENTER k - ANNILIA ALTEPAnONS CLFF'S COOKING TO 00 4my'S J[w"y H PAT'S PIZZA i x HAMIO'S HAMM73 I LOWS LOANS Sp. A AVAI I M ~ ~JJ ~ I I M H x W ` MONUMENT SIGN /MULTIPURP~SJE N r IGN MLA W dl AIKA K MAW M 100 S31 i ti i i !n `r i ADondaltam---_ 'll- - - Djtu MOUNTAIN STAN'S ' PLAINS H SOFTBALL SHORE ' CITY CENTER x i M = H x W POLE SIGN ~j H ■ NMI OF M[AMAKI SiOM AREA W r MOTH OF MEASLNAK( SON ARD I'I X s !0 fQrw sm M r MAIgMJM SWAA9 FUT m.t 60 MAN FW 32 i i v I , I I i i I ` AgcndaNo.~_~.3-- r I Imo-"' --I w MOUNTAIN STAN'S PLAINS VILLAGE SHORE MARKET j ' CENTER N I I CONWW(NCC SIM 81TTYS KAUTY 514Gr r e~wrt Iwt, x +rt 11~r rM1Mr yy~w LAM I 41 low KAr An -m-mu ~~ry MIM I ~ I I J I M = H x W i POLE SIGN/MULTIPURPOSE f M ■ HMT W MCAMAW SIGN AKA W ■ 0014 Or WCAMAW SWN AREA 1 x - mcm? OF Si011 xt20MY M ■ MA)WW WJAX FUT M t 100 SMAN ru SS j I i I I i i I ~nida No. Agooda tem. (ago 1 I 81G OSEY -M-A' VALLEY j TRAVEL iHfS1 WAY, MALL TAN MC BILL'S BUTTONS i SAM'S SOr1WA1tf CUP ME MAROW'S MAROWAII~ RjED Mt E on►dv SSS-+=~~ WASMAMVIA X h I E I I I M . H x W PYLON SIGNS/MUL71PURPOSE I H : MCAXJltA MCA @U SWAtaU + 074 W RM 09A x ! 20 RtT ►+E1CM1 or iam MAXNAM M i e0 SWARC nCT F[ET 34 'i i tJ7 w FOR SALE H CONTACT OOTT-CHAES REALITY ih X I. SNOEM SSS-1234 FOR LEASE I CONTACT I H I ~ aorr-CMAES X I j OCAUrf r i I : I , M•~+>ew GROUND SIGN/SINGLE USE H a MEASUAAMY MMY W 90 AREA W . MEAMMAOL WIN 0/ IM AREA ! xs~ mw M MAXO M SWAN RR M s 31 $MAN PIw 33 I I 4 `f f Agenda Ite s w LAKEVIEW DEVELOPMENT #0001 ENJOY LAKESIDE H LIVING IN CARROLLTON DEVELOPED BY X GOTT-CHAES REALITY LOTS FOR SALE { CONTACT PAT V. DOW 353-1234 M a H x W GROUND SIGN /MULTIPURPOSE H ■ MCAMMANU HQOHT OM 00 MICA W ■ M[ASURA U MOTH (W li4M ARIA K a HOOIT Or 80 %s20M% M ■ IAA M% 1'RT 36 l r ~Y I.~ BLDG ID SIGN PROJECTING SIGN FALSE FRONT WALL SIGN 190P CANOPY SIGN AR BUILDIN Q11 HANGING SIGN L I lob; t O ® o r- Mid G n SANDWICH BOARD SIGN DIRECTORY SIGN dj PROJECTING SIGN r' O MONUMENT SIGN 4 i i. ~uu4 { 'I Enclosure 4 Tempe, Arizona 12i1n ...__l~_LQ, 2 i a. Sign area will include the area of all permitted signs. The only exceptions are directional signs assisting in the flow of traffic, street addresses or signs necessary for safety (e.g., stop engine, no smoking) that do not exceed two square feet in area. b. A sign having more than one component; e.g., a service station identification/price sign combination on a monument base, mounted on the same surface, the sign area will be the area of the smallest rectangle that encompasses the several components of the sign. Co Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, shall be measured as the area contained within the outside dimensions of the back ground panel or surface. X JACKS GARAGE Y d. Sign copy mounted as Individual letters and/or graphics against a wall or fascia of a building or other structure that has not been painted, textured or otherwise altered to provide a distinctive background for the sign copy, shall be measured as tho area enclosed by the smallest single rectangle that will enclose all sign copy, Y Pir~t , bank / AXX00216/44 1 9 v Enclosure 4 Page 2 III lo le; ~9~ e. Sign copy mounted or painted on an illuminated surface or illuminated architectural element of a building, shall be measured as the entire illuminated surface or illuminated architectural element which contains sign copy. i I I f y pac -e-sec L::,y f. Where there are a number of sign faces; one Area of the single face only. Two If the interior angle between the two faces is 450 or less, the area will be the area of one face only; if the angle between the two sign faces is greater than 450, the sign area will be the sum of the areas of the two faces. Y Three or more sides The sign area will be the sum of the areas of each face. Spherical, free-form, sculptural, other non-planar signs Sign area will be the sum of the areas using only the four vertical sides of the smallest cube that will encompass the sign. AXX00216/46 5Q, F- l~ kn~lld No. ENCLOSURE 5 AJ0lldalfonl MONUMENT SIGN COMPARISON Addison Monument signs must be built on a monument base as opposed to a pole base with no separation between the base of the sign and the natural grade. A monument sign contains only the name, logo, address and product or serve of the establishment. No advertising or promotional information is permitted thereon. Such sign may be single or double faced. Such signs with base shall not exceed six (6) feet in overall height above the natural or average grade and the actual sign face shall not exceed forty-,-.ight (48) squary feet in area per side. one monument sign per adjoining street will be allowed. Brightly colored can signs made of plastic or similar materials shall not be considered as monument signs. A minimum setback of twenty (20) feet from the public right- of-way is required. Arlington The area of a ground (monument) sign shall be measured as the area enclosed by the smallest single rectangle that will enclosed the entire sign structure. -Exception: The portion of the sign base within two (2) feet of grade need not be included in the area calculation for the sign. Where special requirements allow the height of a base t be increased to four (4) feet, the base shall not be included in the area calculation of the sign. Bryan No separate monument signs provisions. Carrollton Monument signs vary in size and height from 6 feet and 36 square fee to 6 feet and 100 square feet. Only the copy area or message portion is measured for effective area. Denton No separate provisions. Gainesvillg Monument signs: a) Shall be erected no closer than ten (10) feet to a frontage property line adjacent to a street. b) Shall be erected no closer than ten (10) feet from a property line which abuts a non-residential or multi- family use, and 20 feet from a side property line which abuts a single family use. AXX00216/46 ' I c) Shall not exceed seven (7) feet in height as measured from I the top of the most immediately adjacent curb. d) In excess of six (6) square feet shall be erected no closer than 100 feet to another freestanding or monument sign. Garland NO!43 NO. No separate monument sign provisions. Grand Prairie Ground/Monument Signs may be erected with residential zoninq district to identify schools, churches, park or private club facilities, residential subdivisions or apartment projects provided they are not internally illuminated and do not contain any off-premise advertisement. Hurst { No separate monument sign provisions. Lewisville Defined as a low profile sign that does not exceed 6 feet in height and is no closer than 3 feet to property lines. The square footage varies according to the zoning of the property and ranges from 40 square feet to 100 square feet. Lubbock Defines the sign as a freestanding sign. The height of the sign depends on the amount of street frontage (is. 20-99 feet allows a maximum of 5 feet) and extended up to a maximum of I 30 feet in height with 499+ feet of frontage. The square I footage also depends on the street frontage and ranges from 8 square feet to 244 square feet. XgKinnev No separate monument sign provisions. Plano Monument signs are allowed in each district depending on the 1 type of sign with the height and size ranging from ten feet in height and 90 square feet for general business signs to 10 feet in height and 150 square feet for identification signs. Multi-purpose monument signs can have a maximum overall area of 225 square feet; however, the copy area of the multi- purpose sign is limited to 150 square feet, leavinn a base area of 75 square feet, The maximum height is 10 feet. Richardson All monument signs are mounted on a base with a maximum height of six feet and a maximum area of 35 square feet. I AXX00216/47 rr I J 1 1`l nl 11 ~0lldd Ne. q '3 SherM Agenda No separate monument sign provisions) In T rl { Ail,nrla No. , Attachment 6 Argonda I1onl /41 BANNERS ON BUILDINGS Chamber Proposals Eliminate restrictions regarding banners anchored to the building [this proposal involves banners used by businesses at the place of business; it does not involve banners over public streets promoting community events]. This proposal separates banners from other wind devices. Current Standards: A permit is required for wind devices such as pennants, banners, flags or inflatable devices. The permit is good for 30 days, and three permits are allowed per year (3 banners per year for maximum of 90 days/year). Pro: Banners are effective advertising for temporary purposes, i.e. special promotions or sales. If you have more than three promotions per year, you're out of luck. Many promotions are scheduled by national headquarters, and the local store owner has no control over fulfilling national sales promotions. Also, banners anchored securely to the building won't flag in the wind and become ragged, cons Banners become unsightly if not maintained. Some that are anchored to the building become loose after being up for several weeks. Some object to banners under any circumstance. The longer a wind device remains out in the wind, the more tattered and "tacky" it becomes. This proposal would be one of the loosest in the metroplex. Discussion of Apprp c s Failure to obtain wind device permits, or remove them once the permit has expired is one of our most common sign violations. The original purpose of this standard was to allow special, short-term events to be advertised with wind devices. Are 90 consecutive days of advertising really for a special event? Some communities required 60 or 90 day separations between banner permits. Some communities regulate by the size of the banner. Some communities allow banners but not other types of wind devices, The proposal would separate banners, wind devices with messages on them l anchored on buildings, from other types of wind devices, such as balloons, pennants, streamers, banners not on buildings and flags. Dentonls current standards are among the most liberal of the surveyed cities. AXX00216/49 r , 1 I 400(la No. Ajontla Itan P&Z Recommendatio*. • DA9 Denial of Proposal. Add to the current standards a 30 day separation period between permits. Require the display of a permit tag on permitted wind devices. i j i i I i if I' I AXX00216/50 i I t, a. olld7N6,_:F, Enclosure 1 Adegda210M_''y~ CITY REGULATIONS D110 FOR tn~.~.7 S~ BANNERS/PENNANTS/WIND DEVICE.; Aeon - Addison does not separate banners and pennants. These are lumped together and called "Sign Devices". Furlington - Does not allow any type of wind device. Banners exceeding 6 sq ' ft., pennants and festoons ~ (streamers) are each defined separately. These are prohibited in all districts. { tr'g rrp 7 t.,., - Only Your types of banners, as defined, are permitted as follows: "Grand Opening" - allows banners, pennants, string pennants or streamers for 2 weeks within 90 days of issuance of a certificate of occupancy. "Coming soon/Construction" - allows banner gX ground sign for the duration of active building permit. "Special Occasion" - allows banner o times per year at 30 days each with a 90 day separation between permits. "Change of Business" - allows a banner advertising the age name on,2v for a maximum of 90 days over the existing sign. Gatne~ sv~e Does not separate the regulations for banners, pennants, etc. They are regulated as follows; Each business is allowed 3 permits per year for 14 days each, with a 90 day separation between permits. QALLWd - Does not separate the regulations for banners, pennants, etc, They are regulated as "wind devices" as follows: All wind devices are allowed with a permit. Permits are limited to 3 per year for 60 days each. There must be a 60 days separation period between each permit. - Gra_~d Prairlp I Does not allow any type of wind device. AXX00216/51 i A,ja daNo. ngentlaltem _ _ City Regulations Banners/Pennants/Wind Devices Rini Page 2 Hurs - Banners, pennants, streamers, etc. are not regulated. r~wisville - Banners are the only type of "wind devices" allowed. They are not regulated if they are less than 100 sq. ft. &ujLbg Only banners, pennants, and searchlights are categorized as "temporary signs". Temporary Signs are allowed for a period not to exceed 16 days for "Grand openings" only. All others are prohibited. l1~oXinney - Banners, pennants, etc. are categorized together and regulated as follows: Businesses that are food service related businesses are allowed an unlimited number of banners throughout the year. All other businesses are limited to 3 permits per year for 30 days each. Plan Banners and pennants/streamers are individually regulated. Banners are limited to two per business but must be flush with the wall. No banner can be displayed for more than 30 days at a time. All other pennants/streamers are prohibited. SWIM&= pennants, streamers, flags, and balloons are Banners, regulated together. They are regulated as follows: Businesses are allowed 4 permits per year. The first permit is valid for 21 days and the remaining 3 permits are valid for 14 days each. The size of the banners are limited to 1 square foot of banner for each square foot of building area up to 200 square feet. VaBaanjners are allowed if on the building. All others are prohibited. AXX00216/52 k Fa:r S IY.~Y~ee~ 1 h I". aacndo No.. l?Uflt._~ R_ Attachment 7 Agenda Ua;n..1~//rQ'~Z BANNERS OVER STR ETS Council Metnb r Ptonosalt Ban banners over streets. i Current Standards Annual community events only may be advertised over streets, Prot Street banners are tacky and unattractive. They fall down in the street. They require the utility department to place them up so that no damage to utilities will occur. i Con: Many community-wide events advertise on banners. These types of banners are seen as attractive. Disousgion of o es ` In the !fast, banners over streets were allowed only with the approval of the Council. P&Z Recommendation i No recommendation. i i 1 I AXX00216/53 `F~ I ~I I a~~nuaao..~ ~3,~ ApnnUa ItuR~___~a ENCLOSURE 1 DO Bryan NOT ALLOW „ /v5J Denton, annual events* Addison Grand Prairie by City Council Arlington Lewisville b Carrollton Lubbock, annual leventsnciJ Gainesville McKinney Garland Richardson Hurst Sherman Plano i a *Denton formerly allowed by city Council approval, h h ~ i I AXX00216/64 yl .1 ;t k ~l AotxdaNo. a~.3{ y Attachment 8 +~,tfridaltftm_' a TTEMPORARY AND STAKE SIGNS Chamber Proposal: Add new provisions for "temporary signs for purposes requiring more than a 'stake signf but not a permanent sign. e.g. real estate signs advertising large tracts o;' land, "coming soon" signs, "under construction" signs, etc. The proposed temporary signs would have to be removed after the advertised event ends, i.e. the real estate was sold, the new business arrived, or construction finished. Allow larger than 2" x 4" maximum supporting structure, Current-ktandard. "Stake signs" have 2 x 4 maximum size for supporting stakes. stake signs are defined as signs placed in the ground eg. by "pushing, pounding, hammering or forcing it irto the ground by hand...to allow quick and easy placement, rcmoval or relocation." Temporary type signs are not required to be temporary. o: There is no current provision for these signs that are often vita] to selling property or advertising new development, some temporary signs need stronger supporting structures. con: Allows stake sign supporting structures to be larger than the current stake signs. This proposal may violate the legal principle of content neutrality. Enforcement difficulties about determining what is a temporary sign. Discussion of-Approaches Conceptually, the proposal solves a problem of stake signs being used as permanent ground signs. Most communities that were surveyed regulate temporary signs and further violate content neutral principles by regulating by the content or type (eg. real estate or construction) of temporary signs (see enclosure 1). PAZ Recommendation: Approval. AXX00216/55 LD i V~ 6Nta.06URE 1 TEMPORARY 6112 CO►)PAR1601t crART ,1 _ y~~ yn~yy.;t i~ P c ss a .6' ~~►1 t. ..f, r, ~IM7r11~01'JNi1'f' ~i >1R■MT u, r,,~" .,-,Y ~ - _ ~ a s~ ne! ; Rased on user Rased on user eased on user Based on uses 32 sq. ft, max. Based on uses ra IN Real Estate - Real Estate - Construction - Real Estate - No height limit. The foll wing stake Permit required. Permit, required. No permit for 16 limited to 12 signs are exempt c3 ~ al 50 sq. ft. and 20 sq. ft. and sq. feet or lose. months per supporting strut- from permitting: r ,Y 16 ft. tall for 8 ft. tall. cannot remain on subdivision ture no larger than a max. of 18 mths. site for more with a permit. 2" x 4" does not Development Signs - Model Home Sign - than 6 months maximum size require a permit. not over 50 sq. ft. Construction - Permit required. after bldg. In 32 sq. ft. Permit required. 24 sq, ft. and permit issued, with 20 ft. Real Estate or 36 eq. ft, and 8 ft. tall until tall. Lease Signs - must be removed 901 complete. Real Estate - Model Homes - Max. 4 sq. ft. in prior to "Co" or 1 per lot not 32 sq. ft. with res. districts. 18 mthsl whichever to exceed 16 sq. 5 ft. tall with is less. ft. Properties a permit. Max. 16 sq. ft., in over 2 acres, nonres. not to exceed t 32 sq. it, No permit required. Political - No permit t O 0 r [ t 5 i i 1 ,l j ' fM'x:eaa j r[::ra: ti.yi K~' -7 -77777777 -7, ANMG~111 44~ID Y+r71NYE ytilt~x YE1IYYV~ 777 seed on uses Raised on uses Sneed on sisal eased on use: All temporary/atake Based an uses 1 Real Estate or Lease Real Rotate signs Reel Estate - Political - sgn must most permanent sign Real Estate and 91gn - lean than 8 sq. ft. 8 eq. ft. max. 1 per lot with standards and must - yy~~ Residential no permit required. DeveloFinant Signs 9 max. 6 o ft. be have min. ITn with* a 5 ft. Political - in residq'ential permitted. of Mu 7 Must lots with 4 witha permit All others allowed 32 eq. ft. and and 32 sq, ft, 1 r etreet ria \ between 9 a.m. 6 ft. tall in noaresiden- ontsge with Nonresidential Friday to 9 a.m. on lr s 16 sq. ft., 8 ft, Monde with a y' garage sale - tial districts, 32 sq' ft. max. permit. 8 sq. ft. max. Real Estate or with 8 ft, tell. Construction - Lease signs - Requires permit. •t ~ ['3 32 sq. ft„ 15 ft. On 1-5gacres, 16 a ft. and Real Estate ■igne with a permit, 15 it. tall. fless t. dohnot3require . On 5+ acres, a permit 2 at 32 sq. ft, each or 1 at 64 sq. ft. and 25 ft. tall. Construction - 1 only at 32 sq, ft. end 20 ft., not allowed until bldg. permit lesued and meet be removed 14 days after -CO". r I I I i I 1 I i i i i i I I S Nst FP. R1 r ~ rraua xt r , y,~° " 1 Based on use: Based on usei Not regulated. r l~ '0 l Construction - Political - 32 sq. ft. and 15 ft. No permit required. Must be removed prior Res. • 3 sq. ft., 4 ft. to issuance of "co". Nonres, . 16 sq. ft., 517 Permit required. 8 ft. tall .2 T \ ?a Development - Construction - 100 sq. ft. and 20 ft. No permit required. Must be removed when 32 sq. ft. and 15 ft. project is 90% complete. Permit required. Real Estate - Political - 4osgrft. Promi noon on Allowed without permit. Friday to noon Monday. 32 sq. ft. max. and can be installed up to 120 Permanent Real Estate - days before election and Permit required, must be removed within 16 sq. ft, maximum with 15 days after. 4 ft, tall. i Real Estate - 32 sq. ft. and 15 ft. Permit required. 4 1 7 . I AXX00206 } i , / I 1 r i I h fR L, ngenoaNo. Attachment 9 Af~Ondal~9m_~~ iJ yaz s~ SIGNS ON INTERSTATE 35 chamber Proposal: Allow taller signs directly along Interstate 35. Sign height should be measured from the main lanes of IH35, not the frontage road, or the ground, whichever is taller. Current standard: current height limitation is 40 feet, measured from the ground, or the top of the curb of the nearest street, eg. frontage road. See Enclosure 1. Pro: Travelers along I-35 need advance notice of a business ' in time to take the exit; current height limits don't allow the traveler to see the sign in time, they miss the exist, and business is lost. Maybe fewer complaints. Co : Increases sign clutter. Current standards are consistent with other metroplex cities. Discussion of Approaches; The proposal does not suggest how much higher is high enough. Texas Department of Transportation standards are 42 1/2 feet measured from the main interstate lines and at a distance of 1000 feet. This allows taller signs at overpasses and at places where IH35 is lower, 1000 feet Prom the sign than where the sign is located. The view of a sign that is along an interstate, as seen from a distance away from an over/underpass or a flat stretch is the same. The view of the road is different, but not the sign. If the eign is not visible, it is eligible for a special exception or variance, such as Cracker Barrel's. The Commission discussed "parity", whereby regardless of ground elevation, a sign could not be taller than some number of feet above the main lanes, but did not recommend it. It appears to staff that effectiveness and attractiveness impacts associated with allowing taller signs where IH35 overpasses are marginal, in other words, it may not make much difference in visual terms. It would make a difference to "the market" or to those businesses that believe it does make a difference. There could be fewer complaints and variances if the state method were used because it allows taller signs. A good deal of time was spent on this standard between 1988 and 1991. AXX00216/56 13. t I b: I Ailmda No. AUondaltan) #9 - pa tai The shoney's sign is 40 above the ground. m The interstate main lane at the closest point to this sign i- r about 12 feet higher than the ground at the sign. Shoney's sign is about 28 feet above the main lane. The 7-11/Auto Parts sign on Teasley at IH35 is about 45 feet tall, the main lane is about 19 feet tall, so the sign is 26 feet above the main lane. The PJ's sign at IH35 and US 380 is 65 feet above the ground. The overpass at US 380 here is about 20' higher than the base of Pi's sign. PJ sign is about 45' above the main lane. P&Z Recommendation Y No recommendation. Staff recommended no change. r i i i l i I i I I r AXXOD216/57 @AH5'-^I'at 1'. r ' a.sa "iu Ej ENCLOSURE 1 Agenda IIOM___ Ri!o i f I 133-222 DENTON CODE i Sea 33.22& Mosssumm mi of beiBbL The illustration foe measurement of height of signs is as follows; 14b, MEASUREMENT OF HEIGHT I Msximttm Height _ _j- Horizontal Line i SION 1 Y I SIGN f Vertical time I t Above Curbline - I , I Belay Cutbiiae I STREET GUROLM CURBLINE r I k ~ {pygr~E RNCLOBVRS 2 RRIONT COMPARISON CSART =X 7 77 77777 ~yy q M/v~ MW1inIAN1 - ¢f ~R~M 1 E WI1F - l Variablesi Variables:, par less Variablesi There are two Vncj District Amount of street Zoning District Type of Business Zoning District ordinances. One frontage. Street frontage Street frontage Type of Streets covers just 1-35 varies from Type of street and the other 6 ft. Type of Business Residential: 6 - 20 ft. Residential: covers the rest of l Maximum 15 ft. Maximum 6 ft. the city. Arterial Streetsi 8 - 20 ft. Non-Residential: Non-Residential: 1-35 Variablesi ro W-5 15 - 35 ft. 6 - 40 ft. Zoning District L a, u, Collector Streeter 80 ft. on highway ' d ~y 8 ft. 1H-35: 40' 7 - 22 ft. No ground sign for (measured from lots with lase than service road) 100 ft. of frontage. Local 8treetat only allowed for churches, parka and schools at 8 ft. In height. W3'. 4NkRP.iN~ 1efNi7lkt+,'I11AR111c . l . ~ r o.', kj~R/T' : ~ i iiAi J' ilq Yr,E ° t ~Ei Variables: Variables: Variables Variableso Variables: Zoning District Zoning District Zoning District Zoning District Zoning District Width of lot Setback of Sign Type of Usiness Type of Business 0 of tracts or Amount of street frontage Amount of street acres of land frontage R.O.N. width Residential: frontage Type of Business 10 ft. with 5 ft. Height ranges from: setback. 25 - 50 ft. Height ranges from: Height ranges from: Height ranges from: 20 Pt, with 20 ft. 18 - 40 ft. 5 - 35 ft, 3.5 - 35 ft. k setback. Height ranges from: 6 - 50 ft. Non-Residential: 20 ft, with 10 ft. setback, 35 ft. with 25 ft. setback. { on interstate, can 4 be 30 ft. above s freeway with 100♦ street frontage. r ( I 3 J i i r ~J n~c, r 1ri111N 4 IlYQadL1~~CM" ) `t' y~riablss~ Variables Zo ing District Zoning District Zoning Dlatriot M Ty of Business Street frontage 1 Type of Business Residentials ` Haigh ranges fromi Real Estate signs only ty 104N X20 ft. Maximum height alloweds (No maximum height) ~T B ft. for apartments D 20 ft, for muitl-tenant Non-Residentials h 4 - 20 ft. for 50 ft. from center of 1 o industrial aLtes. roadway. a ti E u 3 AXX00205 f 1 i i f Ii.fP a.v4 :Y ~I t~ ~a Enclosure 3 Al'mda No. J lu811op _ ~ TML RESOt 7OM COYER SHEET Sponsoring Entity: City of E,?,)bock Brief Background: Currently, logo reader boards which advertise food, lodging, and gaso- line establishments adjacent to state and federal Highways, are permit- ted only in limited rural counties. In urban areas where logo reader boards are not permitted along state or federal highways, there is tremendous pressure on local governments to permit large billboards in order to give r tions forfood, d lodging, and gasoline establishments. Legislation which would allow the Texas Department of Transportation to erect logo reader boards within all urban areas, would alleviate the pressure and need for a proliferation of billboards along interstate, state, and federal high- ways to our urban areas. What the Resolution is Intended to Accomplish: The resolution should encourage and promote legislation to open up urban areas of Texas to the use of logo reader boards, and eliminate the pres- sure on Texas cities for erecting large billboards within the urban area. Statewide Importances Texas cities should have the options of providing the very useful and attractive logo reader boards as an alternative to a proliferation of billboards along our interstate, federal, and state highways. This will benefit all Texas cities that appreciate the importance of the image of their city as seen from their interstate, federal, and state highways. It will provide a very useful alternative to large and unsightly bill- boards within their communities. Submitted byt Names. Jim Bertram Titles Assistant City Manaeer veto n 4rv City$ City bbock Telephone: $06 767.2015 l a.={id{y 1! h E3 r r 7. .r A RESOLUTION WHEREAS, many other states have adopted a program which allows logo reader rds for commercial advertising within public rights-of-way; and WHEREAS, such lo reader boards provide a valuable service to motorists in order to determine upcominggo locations for food, lodging, and gasoline; and WHEREAS, such logo reader boards can be done tastefully, and remove a need for a proliferation of large billboards adjacent to State and Federal Highways; f NOW, THEREFORE, BE IT RESOLVED by the' delegates assembled at this 1992 Annual Conference of the Texas Municipal League that TML urges the Texas legislature to grant enabling legislation to allow the Texas Department of Transportation to adopt poltctes and regulations encouraging the use of logo reader boards within the State and Federal highway rights-of-way. PASSED AND APPROVED by the membership of the Texas Municipal League this 10th day of October, 1992 at Houston, Texas. APPROVED: John R, Marshall President ATTEST: Frank I Stutz) Executive Director r E ~ F c-: r v ij Attachment 10 iCoilt! licint_v? SIGN SEPARATION Staff Proposal: Where more than one sign is allowed on a premise along a street frontage (where there is 500 feet of frontage), decrease the distance which separates the signs from 400 feet to 60 feet. Pros Enables greater flexibility without detriment. Consistent with other cities, Cons: Enables sign clutter on a premise. Discussion of Alternatives 60 foot separation is a separation standard used elsewhere. i i P&Z a ommendation Approval. i I i 1 I I AXX00216/58 R^ i I Spy{•,<Mref d g I OTBSR CITY R6QUIRRIf;N'ri IN CONPARIBON Tp Ds2 M,S F as of May Is, 1992 v 11WY'rgF ' Revlsioo Dater 6/9192 - v~ ARY.Yik'IYJNJYW ysr~+~§1!t txitltdiGi,'ld1t, ;nlRrroN , ~ ' ` Zoning District YarLeblesr Variablasr ~ } i~ , f~. Amount Of streets 7Lf1#~Leyi There are two Zoning .q front age. Oletrict type of Business Zoning District h' Haight varies fro:a T Street frontage Street frontage T ordinances, one 'v 6 _ 20 ft YPa of street y:b of Streets covers just I-35 L,y Type of Business Reaidantlalr 6 - 20 ft, and the other r a; maximum 15 ft, Residential, covers the rest of Arterial Streeter Maximum 6 ft, the city, 20 ft. Non-Residentia L c Collector Street sr 15 - 35 ft. Non-Residentialr I-35 Varj~l 80 ft. on highway 6 - 40 ft. Zoning nlstriat c a ft, No ground sign for t lots with leas than 7 - 22 ft. 100 ft, of (measured from frontage, service road) r? Local Streeter Only allowed for churches, parks and schools at a ft. in hei ht. Rtaii`M1tip Yartab •r Va riebisse Zoning oletrlct Variable■r Verfablasr Amount of street r Zoning District ~ Type Variablsar ~ Size varies for frontage, Street frontage of Business Zoning Lonln N Ds Type of street Street frontage Type Type of Streets g District single tenants or ~ U multi tenants for Tye of sassiness Reatdent.lelr 6 - 160 s f6. Max. 16 a Single Tenantl Reaidentio L q' e F~, examples Arterial Streeter q' it. 32 - 60 sq, ft. Max. 50 sq. ft, v r+ 35 - 200 sq. ft. Non-Residentialr lhlels Lswsjf Hvlti-Tanantr Non-Residentiall 36 - da sq. ft, Collector Streetsr 16 - 300 sq, ft. 32 - 160 sq. ft. 60 - 250 s ' 25 - 200 sq 4~ [t. Multi tenants$ ' ft' Multi-tenant signs ,y.,G 36 - 72 Local Streeter can be increased 29 - 100 eq, ft. based on frontage to a maxlrmrm at 160 a7usre feet on - ■troots where maximum IN 60 ,'re s s _ sq, ft. 1 sign per 950 ft. 1 sign of fronts per 399 ft. 1 sign per street 2 for 10 sorest ik 4e, 0[ frontage, unless valved by 2 for 20 acras+ 1 per 600 ft, of 1 par street y " aid offivial, 1 Mr 3 aa. on 35 cDlleatorafrontse,~I fro nt& with max, Must conform. must con[erm, Allowed but cannot Must conform, be increased, Must conform. Allowed without an increase, , I f sa a~'sv, pCp -777777 v -1YM31k>W~tai',3ra a +~yd yy, •b :~`~°[t lr> c. ry ,4f. 5 Nrt allowed over the Not allowed. Allowed over Not allowed over Allowed over street. Not allowed over i street, street. street, street. "Special Events" others allowed with All other banners Only five types a permit. Bach x11 others cannot << ~i~d banners only, as prohibited. allowed as premise is allowed 7 exceed 0 ■ ft., ' ty determined by the followsi 9~ hr it 8 Llding official. permits per year for nor can be 0 r l ~~'t' a 30 daye each. displayed for :r+ + _ Orand openingr longer than 3 s w 2 wk ithin on90 ly days consecutive days or Ya more than 10 days ? alter "CO" in out of any 365 day l : issued. porlod. Coming Socnr r Onlq allowed i.' during time of building permit. special occasi.on$ 3 permits per +y0 year at 30 days each with a 90 day separation between permits. Chsngs of Sueineen, c 90 days only ~i - over old sign . with "name only" Permanent sub- p~. stitutei f 90 days max. in r lieu of perm- g,~ enont sign allowed for one time onl t Y 1 /i ~33 'i ti E r~ 1 k Y, it f L 1 T A loom yiF Based on use: Based on uses Based on uses Based on uses 34 s sa q. ft. max, Based on uses Real Estate - Real Estate - Construction - a Reel estate - No height limit. "he following stela Permit required, Permit required. No permit for 16 limited to 17 llgns are exempt 50 Sq. ft, and 20 sq. ft, and eq. feet or lass, month 16 Et tell for s per Supporting strut- from permitting. 8 ft, tall, Cannot remain on subdi 1~ } h e max, . of 1B mthe. site for more vision tars no larger than with a permit, 2" x 4" does not Development Model Home Si n - Signs - T red, 6 months Maximum size require a C'onatrection - Permit required, after bldg. is 32 • ft. permit, not over 50 sq, ft. 1 f.2ermit required. 24 s q. and q• 4• permit leaned. with 20 ft. Real Rotate or 36 sq. ft. and 8 ft, tall until tall. Lease signs - must be removed 90% complete. Real Estate - Model Homes - Mex. 4 sq, Pt. in 'i prior to "CO' or 18 mthe whichever 1 par lot not 32 sq, ft, with to exceed 16 a roe , districts. Is lose. q• 5 ft, tell with ft, Properties a permit. Max. 16 sq. ft. in over 2 acres, not to exceed nonres, districts. , 32 sq. ft. No permit required. 'r y s' Political - No rmit i i i 7 f 7 i i i ~ r - y ,emu .,0 7 R~~ ~ ~T✓_ i, ran, f" ~ 7 ^ NK~1 N>E711~! Variablesi yariablses Variablsei Variablesi Va riables~ Vaeiablesi ` Zoning District Zoning District Zoning District Zoning District Zoning DietrLet Nldth of lot Setback of Sign Type of Business Type of Businee■ / of tracts or Mount of street frontage Amount of street acres of land Residentialr frontage. R.O.W. width IO ft, with 5 ft. Height ranges from: frontage Type of business setback. 25 - 50 ft. 20 ft. with 20 ft. Height ranger fromi Height ranges from Haight ranges Proms setback, Height ranges from 18 - 40 it. 5 - 35 It. 3.5 - 35 ft. 6 - 50 ft, Non-Aeeidentlalt 20 ft. with 10 ft. + setback. i 35 ft. with 25 ft. setback. t , On lnteretate~ can be 30 ft. above freeway with 100+ " street frontage. N~iI1f M1N# VariablCsl Variablasr Varlablesr Variables: VarlabltU Variablesr Zoning District Zoning District Zoning District Zonl,np District Zoning District Width of lot Setback of Sign Type of Buelnese Type of Business 0 of tracts or Mount of street frontae r Height of Sign Amount of street acres of land frontage A.O.N. wgidth °~r a 100 - 612 sq. ft. frontage Type of Buelnese ? Reeidentiali 10 - 50 sq. ft, 1.5 eq, ft, per 1 40 - 400 sq. ft. 25 250 sq, ft. 20 - 150 sq, ft, loot of street Non-Resldentiali fronts a ezcePt In 50 - 700 aq, it, "Cl" d strict. r In "UP d!stricti Jr max. of 1000 e q. ft. sign per 500 ft. I sign per street 1 sign per 1 for acre or lase 1 per premise unless Vary based on t of frontage with a frontage. development, 2 for 1 - 5 acres at major of business. type 7" 3 3 for 5 acres+ intersection. Allowed without an Allowed without an Allowed unless sign Allowed unless sign Not allowed, Most toes into W increase. ' a~ F increase. is abandoned or is abandoned or conformance, -illegal. -illegal. J f 1 I I f i I f Iii':..vetr ,J f- u ~ in,' ~ ~ n r'►iRj ~'rinp^l y e .riyi ~ ~ x~o C eased on user Based on user a Based on wa: Based on uael d tIY11' All temporary/stake Based on uwl Real Estate or Lease Aeal Estate signs signs must mast 9i n - Real Estate - Political ii A t 8ese9def~iel6•ft. no ne than respired. 8 sq. ft. max. I Permanent sign Aesl Estate and permit Per lot with standards and must Devslopsx+ S political - Max, 6 sq, ft. be permitted, have igns - ~~•000 Nuet have min. it. in residential of with s permit All others allowed ft, tall and and 32 eq, ft, a lute with between 9 a.m. 62 in nonresLden- 1 per ■tr,»t Nonresidential Friday to 9 a.m. on tlal districts, frontage with ii 16 sq, ft., a ft. Monday, Garage Sale - 32 sq, ft, max, with a permit. B sq. ft. max. Real Estate or with 8 ft, tall J t SSS£I ,x Construction - Lomas Signs - Requires permit. P y ( 32 sq. ft,, 15 ft, On 1-5 scree, Real Rotate ■i no with a permit, 15 fh. ft. and loom than 32 sq. i, tall. ft. do not require s t{ tip,'- On 5a acres, s permit. rt gt 2 at 32 sq, ft. d r~.# each or 1 at 64 sq. ft, and 25 ft. tall, r ' Construction - r I only at 32 eq, ft. and 20 ft., not allowed until bldg. permit Issued and must be removed 14 'i da ■ after •ro No banners over the Allowed over street Not allowed over Allowed over street Allowed over street Allowed over street ' arrest, with CO approval, street, with cc approval, PP for annual events, in ^Historio" Dist. All other banns re All others Does not re ulate Sonnere loo+ a only. MtlffYtJ<Si allowed ae followsl prohibited unless other banners. q• Allowed for Grand 3 permits per year non-profit related. ft, allowed for.l opening only, Unlimited for food q + q for 60 days each Grand go Opening , Others with a separation of Chan in Owner/ relat ed ev { with permit, as 60 days between Nanagenent foll W owsl if z z P r t 1tia Lts. Speolsl Events One permit valid forpeJOldayier year for 60 days. I I f ~ i t~JINAI~~ ~i , qy y 5 i>~{ " ~.wTr' e 1 . t ( 1 Zoning Dis trict Zonin District Type of Bueineas Street frontage 9 " Zoning District [Ha geight ranges from, TY1e of Business Resldsntialo 20 ft, Real Notate signs only ximum height ■llowadi (No msximum height) ftfor epartments ffor multi-tenant Non-Resldentialr - 20 ft. for 60 ft. from aentsr of n d ustrial sit es. roadwa . iable, Variables Zoning District Zonn District Type of Business Btrset frontage Zoning Distriot ]2 150 sq, ft, Type of Business 16 ]00 aq, ft, imum sq. ft. allowed, for apartments for multi-tenant 9q, ft. for indus- trial sites with 1809 than 10 acres. 60 wq. ft, for indua- ,,~s trial sites with more than 10 acres. a +f ry sign per street 1 sign for first 199 ft, 1 pole ■lqn per frontage. of frontage, 2 signs for development. 'r - more than 200 ft. of { frontage withgql addlt la nal 100nft r every M'.us[ Dome into Allowed but cannot be Allowed but cannot be <l conformance. increased. increased. W I . r 1 i f I . I k Ft:(xcclh.t I r: ~ I j4t Based on user Based on user Not requlatcd, construction - Political - 32 sq, ft. and 15 ft, No permit required, Must be removed prior Res. 3 aq, ft, 4 [t. to issuance of "QOM, Monroe, . 16 aq,~ft., 1 I,,t Permit required, 0 ft, ts21 i Development - Construction - t 100 sq, ft, and 20 ft. NO Permit Must he removed when 32 eq. ft. andl15df.. 3'~ •t` 4• r~ i r project is 90% complete, Permit required, Real Estate - Political - No permit required. Allowed without permit. 4 eq. ft, from noon on ~r 32 sq. ft. max. and can Friday to noon Monday, tS,'4 i be metalled up to 12o Permanent Real Estate - '•~s'` days before election and Permit required, must be removed within 16 eq. ft, maximum wish 1 .1 ) 15 days after, 4 ft. tall-, Real Estate - 32 sq. ft, and 15 ft. Permit r lred. ~FiiiMadt>iarYsl' Not allowed over the Tdays over street, A t , Fro" street, Allowed over street. aj< r banners must be All others allowed only i' Seasonal banners are for a maximum on wall of bldg. for exempt. seasonal bannee per year at 35 unlimited time. are for businesses that with a 60 day receive seasonal bur4nen between 1 permits only, All others must be The size of banners are r" attached to buildinq and limited to 1 eq. permitted as followsr per r a length of lease space up VVV~~ l!!! ~PeE r`g~~,l d ' a 2 banners allowed per to 200 eq, ft, business per calendar year. No banner shall be conieoutlveodayarintA 1 90 ear period. A% i , } , r i! Attaohment 12 A!i~nT___~~_- -w- Enforcement 1. If we enforce on other than a complaint basis, and '.tolerate only very minor deviations ('a matter of inches", or say 1$) through administrative discretion, a) the community will have a more attractive image, and b) there will be complaints about the standards and the permitting and enforcing staff. 2. Council should expect complaints concerning the proposed 30 day permit separation standard concerning banners and other wind devices. Of the 200+ wind devices on businesses in Denton, only a handful (5 to 7) are permitted. Clearly, we are not proactively enfoi-cing this provision. 3. Concerning abandoned signs and support structure removal, Staff would begin to make the 90 day "use or lose notice" shortly after passage of the recommended amendment. Since we have not budgeted funds for removal, staff would concentrate on citations as the means for removal where compliance is not made. In addition, minimal staff resources could be used to remove some signs. It may also be appropriate to seek district court action to require removal of some signs. Staff has not enforced the current abandoned sign and abandoned supporting structure standards, due to the possibility of its change, which Council initiated in May 1992. 4. Staff wo4ld hope the Council would support the permitting and enforcement staff in their often difficult and frequently stressful and painful tasks of permitting and enforcing in a proactive manner. f I AXX00216/59• t!:.:.:art .1 1 1 ! , I ~ S ~ i 1 AJU,rd,1No . _ Enclosure 1 A,, Cfllltllia117_ Ci tp of Denton Community Improvement/215 E. F1CKinney/penton, Texas 76201 MEMORANDUM DATE: SEPTEMBER 40 1992 TO, PLANNING AND ZONING COMMISSION FROM: CECILE CARSON, COMMUNITY IMPROVEMENT COORDINATOR RE, SIGN ORDINANCE AMENDMENTS The purpose of this memorandum is to provide the Planning and Zoning Commission with information on several topics related to signs, As I indicated to you at your August 12, 1992 meeting, Community Improvement has completed surveys of ground, portable, and abandoned signs and had plans to complete a wind device sign inventory. This memorandum includes information on the four surveys, In May and June of 1992, we conducted a "windshield survey" of the ground signs on the following streets, * University from Malone to Ruddell * McKinney from Carroll to Loop 288 * Oak from Bell to Ave C * Hickory from Bell to Ave C * Loop 288 from McKinney to I-35 * Teasley from Londonderry to Dallas Dr, t Lillian Miller from I-35 to Teasley * Dallas Dr,/Bell from Teasley to Bell * S. Elm from McKirney to Fort Worth Dr. * Fort Worth Dr. from Carroll to FM 1830 * Carroll from Hickory to Pearl We inventoried 328 signs including eight abandoned signs, and we believe that 200 conform to current sign ordinance standards for effective area and height based on our estimates and prior permits, l In 1989,, t4ie city inspected 306 portable signs. Currently we have 173 registered portable signs, The signs are inspected quarterly by the Code Enforcement Officers, In 1989 a $6 registration fee was required, and although we do three inspeutions each year no additional fees have been required. In January 1992, Community Improvement hired an intern to complete an inventory of abandoned signs and supporting structures, An 89 . { ~S 7i 1 Agcada ftem_._ a _ Page 2 "abandoned" sign as defined by the ordinance has "for at least six continuous months, not advertised a bona fide business, lessor, service, owner, product or activity, for which no legal owner can be found, or which pertains to a time, event or purpose which no longer applies". On primary and secondary streets, 1,12 abandoned and in some cases dilapidated signs or supporting structures were inventoried. Since removal was not required until, six months after it became abandoned or in other words one year after the purpose of the sign ended we conducted the survey in January with the intent of sending notices indicating the abandoned signs or supporting structures should be removed by June 1992. We are aware of two signs that have been altered to conforming signs. During the weeks of August 24 and August 31, 1992, Officer Jodi Pichon completed an inventory of wind device signs. We concentrated on primary and secondary arterials and some collector streets connecting those arterials. We identified 202 properties with wind devices including pennants, banners, streamers, and excessive numbers of flags. Of the 202, 74 properties had some type of banner. The Code Enforcement Officers have required permits or removal of numerous wind devices since 1989. We have received cooperation from both independent and nationally owned businesses. From an enforcement standpoint it would be beneficial to include in the ordinance a provision allowing the City to attach a permit sticker or tag. Different colored tags could be used which would identify first, second or third permit. In regard to stake signs, the Code Enforcement Officer are concerned about adding a "temporary" sign section. The provision would be difficult to enforce based on the "function" or what the sign is used to advertise. Some "temporary" signs have been in place for over three years. In general, it has been the experience of the Officers that signs that require a hole be dug in order to place the pole, i.e, 4" by 4", are installed to stay for a year or more. Provisions allowing "temporary" signs for real estate, coming soon or construction with one set of standards and other signs which might include "political" messages with another set of standards would be difficult to handle from an enforcement standpoint. We hope this information is beneficial to you. If we can be of assistance please do not hesitate to contact me at 5668632, lam U.. Cecile Carson cc: Frank Robbins Jesus Nava pz992 9b. F, 1S i 1 Attachment 13 A~^ntlaiJo.~-35~ AMENDED COPY Chapter 33 - SIGNS AND ADVERTISING DEVICES* 9i®r7.2 7 Art. I. In General, 33.1-33.3S Art, II. Licenses and Permits, 33.36 - 33.90 Div. 1, Generally, 33-36 - 33-45 Div. 2, Licenses, 33.46 - 33.60 Div, 3, Permits, 33.61 - 33-90 Art. III, Nonconforming Signs, 33.91 - 33.120 Art, IV. Removal of Unlawful Signs, 33,121. 33.145 Art. V. Technical Requirements, 33.146 - 33.220 Div. L Clencrally, 33-146 .33-165 Div. 2. Portable Signs, 33-166 - 33.180 DIV. 3, Regulation of Signs by Zoning Districts, 33.181 - 33.195 Div. 4, Attached Signs, 33.196 - 33.210 Div. 5. Temporary Signs, 33.211 - 33.220 Art, VI, Illustrations, 33.221 - 33.250 Art. VII, Special Sign Districts, 33.251 - 33.2587 AR'T'ICLE I. IN GENERAL Sec. 33.1, Purpose and intent. (a) It is the purpose of this chapter to regulate the construction, erection, placement, maintenance, use and removal of private signs within the city, (b) It is the intent of this chapter to regulate signs generally by classifying each sign according to its design and construction and by regulating, based on such classification, the type, number, size, height and setback of signs according to their location In the vario+ls zoning districts. (c) It is also the Intent and determination of the city council that the regulations in this chapter be and are the minimum necessary and least burdensome to accomplish the purposes stated in this section, (Ord, No, $5.206, § 2(App• B, Art, 17A.1,), 10-15.85) See, 33.2. MfInitions, . The following words, terms and phrases, when used in this chapter, shall have the i meanings ascribed to them in this section, except where the context clearly indicates a different meaning; *Cross - advertising devices Incparks, I§2z 29, stassage reetts, obstructions dewalks and tpublic places, Ch. 25; uildings and building other regulations generally, Ch. 28; zoning generally, Ch. 35, State law reference • V,T.C.A,, Local dovernment Code § 216.001 et seq. Supp, No, 1 2293 ~~1 1 1< { § 33.2 DENTON CODE A9am~alicint_-_ Abandoned sign means a sign; (1) Which, for at least six (6) continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity; (2) For which no legal owner cdn be found; or (3) Which pertains to a time, event or purpose which no longer applies. Advertising means to convey information to, seek the attraction of or to direct the attention of the public to a location, event, person, activity, goods, services or merchandise. t ached si n means a sign, other than a wind device sign, attached to or supported by any part of a building, including but not limited to a wall, roof, window, canopy, awning, or marquee. Wall, roof, and projecting signs shall be considered attached signs. Curbline means an imaginary line drawn along and parallel to the outermost part or back of the curb and gutter on either side of a public street; or, if there is no curb and gutter, along and parallel to the outermost portion of the paved street; or, if there is no paved street, along and parallel to the outermost edge of the traveled portion of the street. D- WartMent means the state department of highways and public transportation or its successor agency, Dila Idated or deteriorated sin means a sign: (1) Where any portion of the finished material, surface or message portion of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intendew or designed to appear when originally constructed; (2) Whose elements or the structural support or frame members are visibly bent, broken, dented or torn, twisted, leaning or at angles other than those at which it was originally erected, such as maY result from being blown or by the failure of a structural support, 1estivs -pertfeE► Elsa vl# 1 Supp. No. 1 2294 9Q. ~ti-...33.2..._ SIGNS AND ADVERTISING DEVICES/ `i'~"~'~0 { /l le l ~.,)li~; An alter; tant~cup%ed space on ~ ltst lading s strebt extending act6o i`rattt of z fat betiveert tit side, lat!lines.an ~Rm the tpaiti;buiIdiit line as sl ifidt the district Inv hich Iocatedl(the "buttcitng•`setbaelr llrie'!); Groin means a sign, other than a wind device sign, whose principal support is provided by burying, anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground in such a manner as not to be easily or quickly removed or relocated, and which is not a stake sign, portable sign or attached sign, 1I~14nt..~n;nnea~ ~ gt'btznd Stgn, other chap t} wind dev#~e signx ryhich es sotid frarr the gmtusd upt, acrd, made pf stonc~;concretc,trtotn(,! routed >iw+ood pl~,aks arrtsf fs'~ic~t'+~t; ~;uppart sh~i belx tleea3erlrtent x~gn shall solid &nm the'graund'tp and.tha,~pl~(s~`ot Off-premises sign means any sign advertising a business, activity, goods, products or services not usually located on the premises where the sign is located or which directs persons to any premises other than where the sign is located, On- remises s means any sign advertising the business, person, activity, goods, products or services primarily located, sold or offered for sale on the premises where the sign is located. A sign which promotes or displays a political, religious or ideological thought, belief, opinion or other noncommercial message shall be considered an on- premises sign. Portable si ,n means a sign whose principal supporting structure is intended, by design, use or construction, to be used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall include but not be limited to signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other nonmotorized mobile structure, with or without wheels, and A-frame and other shnilar signs, resting or leaning on the ground or other structures, but not permanently attached therm.to. Premises means; (1) For any developed property, the area of real property which encompasses all the buildings, structures, appurtenances and land held under common ownership and devoted to a conTmon use, such as a shopping center; or (2) For undeveloped property, the area of real property designated as a tot on a plat approved in accordance with law and filed with the county clerk's office, or an unplatted tract of land as conveyed by deed or operation of law and recorded in the deed records of the county, I Supp, No. 1 2295 q3, k I I 4 i § 332 DENTON CODE r A Pro'ectin sin means any sign, other than a wind device sign, which is wholly affixed to or supported by any building wall and which extends beyond the building wall more than twelve (12) inches, 12aof sign means any sign, other than a wind device sign, wholly erected on, affixed to, ` or supported by a roof of a building, Sign means any surface, material, or device visible from a public street and used for advertising with or without the display of letters, words, characters, designs, pictures, or other information, "One sign or a sign" means any number of signs located on or supported by a single or common supporting structure, I Stake sign means a tentp6r#y sign whose supporting structure is usuAlty so designed or shaped, tisaaly by making one end pointed, so as to be erected and usually used by pushing, pounding, hammering or forcing it into the ground by hand or hand held device so as to allow quick and easy placement, removal or relocation, Arsign ere-eted by the em! ef A6411 to .4., III f ~ St~~ee#x"defirted i.t t treat whaxe sole; ptlrpbse Jf o prd da access ta. sbuttJngngle f 1#ttly or tw o lamJty;reo- gntial ~ffsl5crtics~ Yt ix dexigtled la erue':nn mare than 6 #hc rrsand ~5;Q4U) YC1ttCtd trlps jfer tiny. 00110 tar °A street whtzse nnain pU ipclss J3 t+~ calla t and dixect txaffie from ,lacaJ st et to artarJit struts, tY c traffic trtween tttterJ~J streets or plrtvJe acct to ~liuttIrtg,t;nmroe>;c1e1 ar Jrfsiustrl~l pxnperties arshigtt~r ittterlsjry residential land ubes < 1# t:: dcxtgti~d. to haa~le nb ftlortr than, fen thousand {f ~~Wt?} r~ehict~ trips par,y SadfidatyArterial X,04.0* toxe t ~it1 ptttpt>xes Je to xe~ve as a Major,raute Er0J6 doo, {1) area iif the ciry''ro alofhf, ax+anr9ectio`n bbt~verrt nnrr (1) prltttary arterJJ # another ar td" ptn+i~e a: mjolt route to utt~ (1) ar, taore of she ctty`''ntade~tc actlvtfy C~nterss Primary, Arterial ~ A tr et,: itt lading freev t ys, wltas a matli;purptyse Is co serve as mJaaute info, auCaf,br'crixss sk,c city tyt connect Writ ar mgrc of the cJty'e; ma11 or achy{ ceriterls, JYOTM Gattector and "arterJal stre`cix and ft , hawn on eeayxae a ti c Ctfy gE ertfan's Thnraughfstre Plan an _0:14 gdti r Street (v1a)~ Supp, No. 1 2296 q~. k I SIGNS AND ADVERTISING DEVICES Supporting structure means any pole, post, cable, foundation or other supporting structural materials or fixtures arranged, designed or used to hold, secure or support a sign or part thereof and which Is not imprinted or labeled with any pictures, symbols, letters, numbers or words In excess of one (1) inch In height, nor is internally or decoratively illuminated, 1 sitrn, trissi#ts any sign fhaf t~ used pally tmparar{1yrtcS .Ia of portzt4nCritly rri`pttti{Edr j W~c I)_sJy~ means any sign; trit6r iEian!a witttl;dpViC wholly affixed to, supported by or painted upon the wall of any building and which is not a projecting sign, Wind device LIZ means a flag, banner, pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a sign, (Ord, No, 85-206, § 2(App, 13, Art. 17A,2.), 10.15-85; Ord, No, 89-017, § It 2.7.89; Ord, i No, 90.051, § 1, 4.390; Ord, No. 91.048, § 11, 4-2-91) I 1 Cron refermce • Dennitlons end rules of comlrucaon generally, 11-2. I i I ` Sec, 33.3, Exemptions, l The following types of signs shall be exempt from the provisions of this chapter, (1) Governmental signs, Any sign; I a, Erected or maintained pursuant to and In discharge of any governmental function; b. Required by law, ordinance, or governmental regulation; or c, Located on property owned, leased, or under the control of the federal or state gaiernment, JJI (2) Railway signs, Any sign within or on railway property and placed or maintained in 1 reference to the operation of such railway; (3) Ut 1 sl n Signs marking utility or underground communication or transmission j lines; 1 (4) Vehicle signs, Signs displayed or used upon vehicles, trailers or aircraft, unless such { vehicle, trailer or aircraft on which such sign Is displayed is permanently stationed or regularly used as a fixed location to serve the some or similar purpose of a I permanent or portable sign not affixed to a vehicle, trailer or aircraft; I Supp. No, 1 2297 d I I ' I i s .3 i 1 i ti § 33.3 DENTON CODE O 5 Signs.ot visible from street. Any sign where no part of such sign is visible frn I~ any public street; (6) Holiday.,s_isns. Temporary signs containing only holiday messages and no commercial advertising; F (7) Sig sn on persons or agLnva s Hand-held signs or signs, symbols or displays on persons or animals; ` (8) IJ use signs, Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising; (9) Plaques, Commemorative plaques of recognized historical societies and ' organizations; (10) Private traffic control. On-premise signs which direct the movement of traffic on J ~ parkin private property or warn of obstacles, overhead clearances, g, including, but not limited to, entrance and exit signs. The sign must be less than ten (10) feet in effective area, less than six (6) feet in height, and he placed where they will not interfere with the safe movement of vehicles or pedestrians; (11) Ma(!b rigns located on mailboxes, newspaper vending _o~tesne $j~11)eC~ s machines and curbside residential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed to, E provided that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic; I' (12) ins on outdoor machines devices and eaufoment. Signs located on outdoor machines, devices, or equipment which display the trademark, trade name, manufacturer, cost, or operating or service instructions or similar Information but do not advertise the business where located. This exemption includes but is not limited to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines, devices, or equipment; (13) Athletic fields. Signs located on. the field side of scoreboards and fences of athletic fields. (Ord. No. 85.206, § 2(App. B, Art. 17A.3.), 10.15-85; Ord. No. 91-048, III-VII, 4.2.91) f Sec. 33.4. Prohibited signs. It shall be unlawful for any person to erect, construct, maintain, reconstruct, place, locate or make use of any of the following signs for advertising purposes; If Supp, No. 1 2298 44 1o ,t Ail_ SIGNS AND ADVERTISING DEVICES 3 (1) Signs oUrivate property without consent of owner. Signs located on private property without the consent of the owner of the premises; (2) Palling and maneuvering areas, Signs which are located in or interfere with the use of a required off-street parking space or maneuvering area; (3) Unsafe si s Signs which are or become deteriorated, dilapidated or in danger of falling or otherwise unsafe; (4) Signs on public prqTerty. Any sign located on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign or other public structure or building, or any sign, other than a stake sign, located in, on, over, or within a public street, sidewalk, alley, easement or right-of-way, This prohibition shall not apply to projecting signs In central business districts as permitted by this article, markings made on public sidewalks as permitted by the Code of Ordinances, or wind device signs placed over a public street by thn city to advertise annual community events; (5) Code compliance. Signs which do not comply with any applicable provision of a building code, electrical code or other applicable code or ordinance of the city; (6) sees and rub Signs located on trees and shrubs; (7) Motion picture signs, Signs which employ a stereoptican or motion picture machine; (8) Sjut obscuring or in erfer#di y w t lew, Sign;, located or illuminated In such a manner as to obscure or otherwise Interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the view of a driver of approaching, emerging or intersecting traffic or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of two hundred fifty (250) feet along the street, ,A, sto Oh' 60. )"O fid r ttr t si ar slgrtalt In a trla tgla, slgAt at a ti> a41 ihtek tt~rSS' (nGtu(... that Pnrtit>~ a pf~bl 4 t~gttt u> Way $nd any cUrnrr 1c~t wittrtarig o tol'med by $ dtajOAA No Wohdln through pd1 is pn tkt „ ri3#crty lfinei~ *400147(25) oat frt~04 attest tartf r intotstictla» tl~ tho prbparty litt~s of OP olnf at" t(ia l nr.,:tatt c1€ t poperty itsias extended and intersecting cur61irtdsi (9) Certain Illuminated signs. Signs, Illuminated from within or without, and which, a. Are illuminated in such it manner, to such Intensity, or without proper shielding, so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoyment of residential property; or Supp. No. 1 2299 c F. A!jmcla No. § 33.4 DENTON CODE r^gendaltem.__ b, Have any type of intermittent illumination, including flashing, fading, revolvi g or blinking lights, or any type of moving, travelling or changing message by means of illumination, excluding temporary Christmas lights and lights used for time and temperature signs; (10) Resgrrved, (11) Portable sigma Any portable sign which Is not a properly registered nonconforming portable sign as provided for in this chapter. (Ord, No, 85-206, § 2(App, B, Art 17AA.), 10.15.85; Ord, No, 89-017, 11-V, 2.7-89; Ord, No, 91.048, VIII-X, 4.2.91) See, 33.5. Administration and enforcement. The building official shall enforce and administer the provisions of this chapter. The building official or city manager may delegate the duties and powers granted to and imposed upon the building official by this chapter, (Ord, No, 85.206, § 2(App, B, Art, 17A,5,), 10.15.85) See, 33-6. Appeal, variances, and special exceptions. (a) Sign board of aotxals are ted, There is hereby created a sign board of appeals consisting of five (5) members, Members shall be appointed by the city council for a two- year term, except that the council shall designate two (2) members of the Initial board to serve one-year terms, or until their successors are appointed. The council may remove a board member for cause on a written charge after a public hearing, A vacancy on the board shall be filled for the unexpired tent, The council may appoint two (2) alternate members to serve In the absence of one or more of the regular members when requested to do so by the city manager, An alternate member serves for the same period as a regular member and is subject to removal In the same manner as a regular member, A vacancy among alternate members is filled in the same manner as a vacancy among the regular members, The board shall adnpi•ruies to govern its proceedings, Meetings of the board shall be held at the call of the' chairperson and at other times as determined by the board, The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. Each case before the board must be heard by at least four (4) members, The board shall keep minutes of its proceedings that indicate the vote of each member on each 4ttestion or the fact that a member is absent or fails to vote, The board shall keep Sapp. No. 1 2300 q~. i i I i i i i I SIGNS AND ADVERTISING DEVICES § 33- "a,;1;7 records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records, The concurring vote of four (4) members of the board is necessary to: l~ I (1) Reverse an order, requirement, decision, or determination of an administrative official; (2) Drcide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or (3) Authorize a variation from the terms of the sign ordinance, i r (b) Powers of the board, The board shall have the following power: (1) To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this 4 chapter. (2) To hear and decide special exceptions to the terms of this chapter when this chapter f requires the board to do so. (3) To hear and decide on requests for variances In the regulations of this chapter, (c) Appeals to the board, I (1) Appeals may be brought by any person aggrieved by a decision or by any officer, department, board, or bureau of the municipality affected by the decision, (2) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal, The appeal must be filed within fifteen (15) days after the decision of the administrative officer, On receiving the notice, the official from whom the appeal Is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed, (3) An appeal stays all proceedings in furtherance of the action that Is appealed unless the official from whom the appeal Is taken certifies In writing to the board facts supporting the official's determination that a stay would cause imminent peril to life or property, in that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, If due cause Is shown, after notice to the official l (4) The board shall fix a reasonable time for the hearing of an appeal, give notice of the hearing by mailing notice to all real property owners located within two hundred (200) feet of the property on which the appeal Is made, as shown on the city's tax rolls, and by publlsiling notice of the hearing In a newspaper of general circulation in the City of Denton, The notices shall be mailed and the notice published at least ten (10) days prior to the date set for the hearing. Any party may appear In person, by attorney, or by agent at the hearing, Supp. No, t 2301 9q II 1 ti § 33-6 D1;NTON CODE /"9~ndaltcn~__ (5) The notice of appeal shall be accompanied by a filing fee In the same amount a required for an appeal to the board of adjustment. (d)Variances to the sin regulations, (1) Any person requesting a variance from the provisions of the sign regulations shall submit an application on a form provided by the city, containing the information and plans requested in the application, along with the established filing fee, (2) The board shall act ixpon the variance request within a reasonable time, Notice of the hearing shall be given In the same manner as for appeals to the board. I (3) The board may grant a variance from a requirement of this chapter If it finds all the following exist; al Due to some unique condition or feature of the property which is not generally common to other properties, literal compliance with the sign regulation would cause unnecessary hardship; b. The granting of the variance will not violate the spirit or the intent of the ordinance; and c, The condition or feature which creates the need for the variance did not result from the property owner's acts. (4) The board shall not grant a variance to any applicant solely for personal convenience, financial hardship, or other reasons unrelated to the property. If the board grants a variance, the variance shall be granted only to the extent that 1s reasonably necessary to remedy the hardship. The board may impose conditions relating to the use of the sign for which a variance is granted, (5) All decisions of the board granting or refusing a varlance shall be reduced to writing and signed by the chairperson, if a variance is denied, the decision shall state the conditions for the variance which were not met If the board grants a variance, the decision shall state that all conditions for a variance were met, specify the degree to which the regulations arc being varied, and be signed by the members voting in favor of the variance, (e) Special PxcgVliQt The sign board of appeals may grant a special exception from < the provisions of this chapter for the setback or height of a slgyn, other than a portable sign, under the following circumstances: (1) V-j,91bi111y obstruct] rs, When fifty (50) percent or more of the effective area of a sign to be located In accordance with the setback or height requirements of this article would not be visible from at least one "visibility point" because of an existing building, structure, or the natural ground, supp, No, 1 2302 IUO, I " or ✓ .8 SIGNS AND ADVERTISING DEVICES 11,,.,;1dOil No. . r,~~:~td~iitE~n~_. §§33 /D As used herein, "visibility point" shall mean the viewing locations, at a height of six (6) feet, determined by extending the side yard setback sines of the property so as to intersect the curb line of the public street fronting the property, then measuring from the intersecting paints along the curb line away from the property in each direction for a distance of one hundred (100) feet. If the street fronting the property is one-way, th visibili shall he eused totydpoint In visibility requirementr(See Appendix Illust ration No. 14d.) (2) Medical emer__ eeur,y~gns When a sign located on the property of an emergency medical treatment facility would not, because of the setback or height requirements of this article, be readily visible from adjacent public streets, For purposes of this provision, "Emergency Medical Treatment Facility" shall mean any hospital, clinic or other facility where mcdical aid is offered to a person or animal who suffers an injury or illness which requires t;nrnediate medical attention. In granting a special exception, the sign board of appeals shall specify by written order the ' setback or the height that will be allowed, but In doing so shall not allow deviation from the provisions of this chapter beyond what is minimally necessary to remedy the situation allowing for the special exception. M ,LLWcJal review of boar t riar g Appeals from any decision of die board may he made In accordance with the provisions applicable to appeals from decisions of the board of adjustment, (Ord, No. 85.206, § 2 (App, B, Art, 171), 10-I5-85; Ord. No. 90.182, § 11, 11.20.90; Ord. l No, 91.156, § V, 11.5-91) Sec, 33.7. Historical Landmark signs, The provisions of this cha, hall not apply insofar as they conflict with uny provision applicable to it sign designated as a historical landmark pursuant to the provisions of article V of chapter 35 of this Code. (Ord. No. 85.206, § 2(App. B, Art, 17J), 10.15.85) j Sec, 334 Amendments; The reguNtlons of this chapter shall be considered to be part of the zoning regulations of the City of Denton, adopted under the authority of Chapter 211 of the Local Government Code, as amend;:d. Amendments to this chapter shall comply with the requirements of I state law and city ordinances applicable to amendments to zoning regulations, (Ofd. No. 91.048, § XIII, 4.2.91) Supp. No, 1 2303 i'a~ •r s f § 33.48 DENTON CODE a~'rc~aNA. Q ADr+1~~i1t~3R1_~~~ Secs. 33-9.33.35, Reserved. ARTICLE II. LICENSES AND PERMITS* DIVISION f. GENERALLY Secs. 33.36 . 3345. Reserved. DIVISION 2. LICENSES Sec. 3346. Required. It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any ground, roof or projecting sign for compensation without first having obtained a license for such work from the building official as provided in this division. The provisions of this section requiring a license for such work shall not apply to an employee of a person holding a license under this division. (Ord. No. 89.017, § VI(App. B, Art. 17A.6,(a)), 2.7.89) Sec. 3347. Prerequisites to issuancel feet examination. (a) Any person who makes proper application, pays the fee, and passes an examination, shall be Issued a license, valid for two (2) years. 'Me written examination shall test the applicant's general knowledge of the sign regulations. (b) The fee for the license shall be determined by the city council and on file In the office of the city secretary. (Ord. No, 89.017, § VI(App. B, Art. 17A.6.(b)), 2.7.89; Ord. No. 89-033, § II, 2.21.89; Ord. No. 91.048, § XI, 4.2-91) Sec. 3348. Revocation, The building official may revoke, upon prior written notice to the licensee, any license granted under this division where It Is found that the application made was knowingly false *Cross reference - Licenses, permits and business regulatlons generally, Ch. 16. Supp, No, 1 2304 ~UCX T . SIGNS AND ADVERTISING DEVICES § 33-6 '~Jantla Itcm.___ ~ ~ or that the licensee, after having been determined by the building otlf`ica1 to ieve~oTaB I any provision of this division, fulled to correct the violation within fourteen 04N days after the date written notice of the violation was sent to the address of the licem as shown f on the license, (Ord. No, 89-017, § VI(App, B, Art, 17A6,(c)), 2.7.89) See, 33.49. Appeal of revocation, Any person may appeal a dental, proposed revocation, or revocation of a license to the sign board of appeals as provided herein, (Ord, No. 89-017, § VI(App. B, Art 17A.6.(d)), 2.7-89; Ord. No. 90.1829 § III, 11.20.90) f Sec. 33.50, State license, The license required by the city Is in addition to any license required by the State Department of Highways and Public Transportation by State law or regulation, (Ord, No, 90-051, § ll(App, B, Art, 17A,6,(e)), 4.3.90; Ord, No. 91-048, § XII, 4.2.91) Secs, 33.51 -33.60, Reserved, DIVISION 3, PERMITS Sec, 33.61. Required, (a) It shall be unlawful for any person to place, locate, relocate, erect, construct, reconstruct, replace, renovate, repair, or alter any part of a sign, including the face or other Integral part, or to thereafter make use of a sign for which a permit is required herein, without having first secured a sign permit from the city, except as otherwise provided by this chapter, The administering official or employee shall not Issue a permit f for a sign that does not comply with the requirements of this chapter, (b) It shall be unlawful for any person to make use of a sign required to be licensed by the State Department of Highways and Public Transportation as required by article 4477- 9a, Tex, Rev, Clv, Stat,, except In accordance with a valid permit issued by the city, (c) A sign permit shall not be required to periodically change only the letters, numbers, or trr sage portion of a sign if the sign is specifically designed for that purpose, such as, Supp. No, 1 2305 ro3. a i § 33,E DENTON CODE: but not limited to, marquee signs for movie theaters, portable signs with changes fe letters, billboards and poster boards designed for changing messages, and gasoline price signs with changeable numbers, (Ord, No, 85-206, § 2 (App, B, Art. 1713.1,), 10-15-85; Ord. No. 91.048, § XIV, 4.2.91) ' Sec. 33.62, Exemptions, The following signs shall be exempt from the permit requirements of this chapter: A (1) Walls signs fifteen (15) feet or less in height. (2) Legal notices, (3) State, national, and premise identification flags as specified In this article. (4) Signs painted on glass surfaces of windows or doors, (5) Stake signs. (Ord, No. 85-206, § 2(App. B, Art, 17131), 10.15.85; Ord, No, 89-017, § VII, 2.7.89; Ord. No, 91.048, § XV, 4.2-91) I Sec. 33.63. Application procedure, The application for a sign permit shall be submitted on such forms as the building official may prescribe and shall be accompanied by such information, drawings and descriptive data as required by the building official to ensure proper regulation of the sign and to ensure compliance with this chapter, (Ord, No. 85.206, § 2(App, B, Art, 1713,1), 10.15.85) See. 33.64. Fees, If the plans and specifications fora sign set forth in any application for a permit required under this division conform to all of the requirements of this chapter and any other ordinance applicaL?e thereto, the building official shall, upon payment of the applicable permit fee, Issue the appropriate permit, Permit fees shall be established by the city / council and are on file in the office of the city secretary, (Ord, No. 85.206, § 2(App, 13), Art. 178,4,), 10.15.85; Ord. No, 89.017, § VIII, 2.7.89; Ord. No. 89-033, § 1, 2.21.89) Supp, No. 1 2306 MMMMMMI~ Sl( tiS AND ADVERTISING DEVICES § 33.90 Sec. 33.65. Duration. :9'~J ~j (a) Ground or attached signs, Except as otherwise provided In this chapter, a;irnlit issued for a ground or attached sign shall terminate one hundred eighty (180) days after issuance. (b) Signs licensed by-the state. A sign permit issued by the City for a sign required to be licensed by the State Department of Highways and Public Transportation under article 4477.9a, Tex. Rev, Civ, stat., as amended, shall be valid for the location designated on the application for one (1) year from issuance of the permit so long as the sign Is erected and legally maintained, If the state acquires the sign or the sign is removed for any reason, the permit shall terminate, (c) Wind device shins, A permit for wind device signs shall be valid for thirty (30) consecutive days Thtr~~slttttl bs t3tlrky (30) day scparaf on }xt +ectl:potmit The permit shall apply to one designated premise and authorizes the display of one or more wind device signs on that premise for the allowed time. No more than three (3) permits for any one premise shall be issued in any one calendar year. (Ord. No. 85-2.06, § 2(App. B, Art. 17B.5.), 10.15.85; Ord, No. 89.017, § Vill, 2.7-89; Ord. No. 90-051, § 111, 4.3.90; Ord. No. 91-048, § XVI, 4.2-91; Ord, No. 91-156, § 11, 11-5-91) Sec. 33.66, Revocation, appenis. A sign permit may be revoked for a violation of any provision of this chapter. The permit holder may appeal the revocation to the sign board of appeals. If the State Department of Highways and Public Transportation revokes the license cf an owner of a sign for which the city has Issued a m :ii-tit, the sign permit for the sign shall terminate when the license revocation becomea final. (Ord. No. 85.206, § 2(App. B, Art. 17B.6.), 10-15-85; Ord. No, 90.051, § 111, 4-3.90; Ord. No. 90-182, § 1V, 11-20.90; Ord. No. 91-048, § XVI, 4.2-91) Sec, 33-67. 'T'ransfer of state outdoor advertising sign permits. Sign permits initially issued by the State Department of Highways and Public Transportation and now Issued by the city for signs licensed by the state under article 4477-9a, may be transferred to another party if the proper city application and fee is filed and appruved by the city. (Ord, No, 90.051, § III(App. B, Art. 178,7,), 4.3.90; Ord No. 91.048, § XVI, 4.2.91) Secs. 33.68 - 33.90. Reserved. Supp. No. 1 2307 t: a1I^ndaNo.. §33.93 DENTON CODE Alirndalto~tt_.._ ARTICLE III. NONCONFORMING SIGNS Sec. 33.91. Definition. ' A sign, including its supporting structure, shall he considered nonconforming when it does not conform to all or part of the provisions of this chapter applicable thereto, is not a stake sign and; (1) Was in existence and lawfully located and used on the ef€ee! a date et (2) Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto or which was considered legally nonconforming thereunder and has since been in continuous or regular use; or (3) Was in existence, located and used on the premises at the time it was annexed to the city and has since been in regular and continuous use, (Ord, No. 85.206, § 2(App. B, Art, 171-11), 10.15-85) Sec. 33.92, Applicability. The provisions of this chapter defining and regulating nonconforming signs shall control over any other conflicting provision of chapter 35 of this Code, (Ord, No, 85-206, § 2(App, B, Art, 17H,1,), 10.15.85) Sec. 33.93. Registration of nonconforming portable signs, On or after June 1, 1989, it shall he unlawful for any parson to maintain any portable sign on any premises without having a valid registration tag affixed thereto as required in this section and as follows, (1) Applicution To register a nonconforming portable 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 office 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) [ssuaance of registration ta¢, If the building official determines that the portable sign Is a lawfully nonconforming portable 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 mi the corresponding portable sign registered, Supp, No. 1 4 2308 r r i t? ~a i SIGNS AND ADVERTISING DEVICES § 33.995 ~'r;, lltr.9 idn. 7a? '37' ' G:;;rl l1-L.Q. Removed or destroved siens Any owner who removes or causes the removal oYany ~ validly registered nonconforming portable sign from any premises shall, within five (5) business days of Its removal, report the removal to the building official. I (4) Invalidation of re~istra ion. The building official shall invalidate any registration tag for a nonconforming portable sign when: j a. It is removed from the premises for any reason; b. It has been damaged or destroyed so as to lose its nonconforming status as provided in this chapter; c. It has become an abandoned sign. (Ord. No, 85-206, § 2(App. B, Art. 17HA), 10.15.85; Ord. No. 89-017, § XVI, 2-7-89; Ord. No. 89.033, § 111, 2.21-89) { I Sec. 33.94. Presumption. Any sign which does not conform to the regulations of this chapter and is not properly i registered as a legally nonconforming sign as provided for in this article shall be presumed not to be a legally nonconforming sign; provided, however, that the owner of any sign that is determined not to comply with the provisions of this chapter may, at any time, present evidence to the building official that the sign is a legally nonconforming sign, and the building official shall, If satisfied that the sign is a legally nonconforming sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign. (Ord. No. 85-206, § 2(App. B, Art. 17HA), 10-15-85) Sec. 33.95. iDestructlonl repair. (a) Any nonconforming portable, attached, or ground sign, including its supporting structure which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repalred, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies In excess of sixty (60) percent of the reproduction cost of a new sign, including its supporting structure, which Is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deterloratedi utticIr` su~Ei tilfcta#to»(°qr r~ t n~kps'#kIa sigt#;,00drihing. No person shall repair, renovate, or alter' a nonconforming sign wit ,out first re.ce:M-r a sign permit. (b) The building 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 Supp. No. t rr 2309 ti 5 § 33-120 DENTON CODE Av-"rl aNa.~_. R1- A3 3;?daltum__. PJ!Q / /D _ - 2 z reproduction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated, (c) No sign or supporting structure which is lawfully reproduced, repaired or renovated as a nonconforming sign shall be increased In effective area or height. (Ord, No, 85.206, § 2(App, B, Art, 17H,5,), 10-15-85; Ord, No, 91.048, § XXXIII, 4.2.91) 1 See. 33.96. Relocation. Notwithstanding any other provision of this chapter, any sign which Is a legally existing nonconforming sign may be relocated on the same lot or tract of land if the sign is required to be removed from its present location because the property upon which the sign Is located is acquired by any governmental agency or other entity which has or could have acquired the property through t he exercise afit relocated sign shall be placed, insofar as possible, as to comply with wieminent domain, th all the provisionscof this chapter. (Ord. No, 85.206, § 2(App, B, Art, 17H,6.), 10-15.85) Sec, 33.97. Signs located on nonconforming premises. Where, on the effective date of the ordinance from which this chapter is derived, a sign Is located on a premises which is a legally nonconforming use of the premises and such sign is used in regard to the premises, the sign may be used and maintained on the premises, even though It would not be a permitted use, so long as such premises is continually used as a lawful nonconforming usr, (Ord, No, 85.206, § 2(App. B, Art, 17H.7,), 10-15.85) lea. WK Nbcttfc}ryttiit~A+ilgrt;permlt A p tmJt t r tgr, yJa lk~ ><tiat~~afa mitt sign Mal i ued". such 1t lJy nntf ctnfd ttting~ t~qt ` 111 V d6 "rto mare nti ~ani"prt iJit f Secs. 33.98 ~►9 - 33.120. Reserved, Supp, No. 1 2310 u J ij SIGNS AND ADVERTISING DEVICES § 33-123 rZOnrfarJo..__Qo~-~vu/ Age~~r;;t ARTICLE IV, REMOVAL OF UNLAWFUL, SION$ Sec. 33.121. Notice and order. Q Any sign which is erected, located or $ltejed ~ in violation of this chapter may be removed by the building official proviNd in this article, The building official shall deliver or send a written notice and order to the owner of an unlawful sign or the owner of the premises where the unlawful sign is located. A notice and order sent or delivered to the person listed by the city tax office or county appraisal district as the owner of the premises where the unlawful sign is located shall be presumed to be sufficient. The notice and order shall: (1) Describe the nature of the violatlou; (2) Order the correction of the violation within a time specified, whi-1, shall not be less than five (5) business days of the delivery or mailing of the notice; and (3) Give notice that the building official may remove and Impound the unlawful sign at the owner's expense If the violation is not corrected within the time specified, (Ord. No, 85.206, § 2(App, B, Art, 17F,1,), 10.15.85; Ord, No, 59.17, § XI, 2-7.89) See. 33.122, Removal; appeals. If the person ordered to correct a violation falls to do so within the time specified, the building official may remove or cause the removal of the unlawful sign. Any person aggrieved by the order may file an appeal with the sign board of appeals, (Ord. No, 85.206, § 2(App, 13, Art. 17F,2,), 10.15.85; Ord. No, 89.017, § XI, 2-7.89; Ord, No, 90.182, § V, 11.20.90) See. 33.123. Impoundment; redemption; disposal (a) Any sign which is removed by the building official pursuant to this article shall be Impounded and transported to and stored by the building official at a location designated for such purpose. Records of where such sfgns were located and when removed shall be kept. The building official shall send a letter to the owner of such sign, if known, or, If not known, to the owner or person In control of the premises where such sign was located, giving notice of such impoundment. (b) The building official shall hold the sign In storage for at least thirty (30) days after notice of Impoundment has been mailed. Any portable sign may be redeemed by the owner upon the payment of a fee to the city for hauling the sign to storage, plus a per-day Supp, No, 1 2311 1aq . #t y § 33-126 DENTON CODE A4 N!o storage fee, Any nonportable sign may be redeemed by the owner u on ~ t of the cost of removal of and hauling the sign to storage, as determined by he building official, 1 plus a per-day storage fee, Such fees shall be established by the city council and on file in the office of the city secretary, (c) Any sign not reclaimed by the owner thereof within thirty (30) days of the malling of the notice of impoundment may be disposed of in accordance with applicable law, (Ord. No, 85.206, § 2(App, B, Art. IVA), 10.15-85) I Sec. 33-124, Recovery of Costs, If, upon disposal of an unredeemed nonportable sign, the building official has not { received an amount sufficient to cover the cost of removal and hauling of such removed sign, the building official shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs, less any amount received in disposal of such sign. Any such costs remaining unpaid after thirty (30) days from the date o1' mailing of notice shall become delinquent and shall bear interest at ten i (10) percent per annum. The building official may cause such unpaid and delinquent amount to be assessed against the premises where such removed sign was located by filing and perfecting a lien against the premises, The cost levied against the premises shall Include an administration fee established by the city council and on file in the office of the city secretary, (Ord, No, 85.206, § 2(App, 1;J, Art, 17F.4.), 10-15.85) See, 33.125, Appeal, Any person may contest the reasonableness of th3 cost of removal of a sign imposed hereunder by filing an appeal with the sign board of appeals within twenty (20) days of the mailing of the notice of the costs, The board may uphold the cost imposed by the building official or Impose and levy whatever cost it considers reasonable, Storage costs shall not be appealable, (Ord, No. 85.206, § 2(App, B, Art. 1717,5), 10.15-85; Ord, No, 90.182.; S; VI, 11.20.90) See, 33.126, Summary*ramoval of hazardous signs, Notwithstanding any other provision of this chapter, the building official may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the building official shall make a reasonable attempt to locate the owner of the hazardous sign or person responsible for Its placement to give written notice of the violation, the action necessary to supp. No, 1 2312 Ifs, ~ a) i a t SIGNS AND ADVERTISING DEVICES § 33.146 Arj- tl,t Wo. „3 correct the violation and the time period in which the correction must),bt:-.made. The. ~ ~ notice shall be delivered to the owner of the sign, the owner of the premises or the pe son t,:sponsible for the sign's placement, if located; otherwise, the notice shall be affixed to the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or premises, Thereafter, the building official may remove the sign if no corrective action is taken in the time specified, (Ord. No, 89-017, § XII(App. B, Art, 17F.6.), 2-7.89) Secs. 33.127 - 33.145. Reserved. " ARTICLE V, TECHNICAL REQUIREMENTS i DIVISION 1 ,::GENERALLY i Sec. 33.146. Manner of measurement. The measurements required for signs by this chapter shall be made using the following procedures; (1) Sstback, To apply the setback provisions of this chapter for signs at any one (1) point, the following measuring procedure shall used: I a. Draw an imaginary vertical line extending upward from the curbline of the premises; I b. Beginning at any point on the vertical line, draw an imaginary horizontal line perpendicular to the vertical line and curbline extending toward the premises; c, Beginning at the point where the vertical line intersects the horizontal line, measure along the horizontal line for the required setback, See section 33.221. (2) Hgljht, The maximum height of a ground sign shall be determined by the method of measurement that allows the greater height, as follows: a. Curbline measurep,1S,l.1t Measure along a vertical line extended upward from the nearest curb line of the public street fronting the premises where the sign is to be located, to the maximum height allowed for the sign, From that point, extend a horizontal line to where the sign Is to be located, The horizontal line is the maximum height allowed at that location. (See Appendix Illustration 14b) b. Natural trround_Lg e e s r~j en At the highest point of the sign, draw a ! horizontal line to the outer extremities of the sign, At the center of the horizontal line, draw a vertical line to the natural ground level below. (The "natural ground Supp, No, 1 21313 I 33-146 DENTON CODE lei level" shall include any changes in topography necessary for development of the/ property). The vertical line may not exceed the height allowed for the sign at that location. (See Appendix Illustration 14b). A-U (3) Effective area, signs shall I---- ef€eet+ve-areor (Ord, No. 85.206, § 2(App, B, Art. 17G.1.), 10.15.85; Ord. No. 89-017, § XIII, 2.7-89; Ord. No. 90-182, § I, 11.20-90; Ord. No. 91.048, XXVI, 4-2.91) i a. Motive araa moans the arab ench*4 b~. t tti"Ok to t p4 3tale, Circk, trpp tltL1] dl rt~mtt:lna'tion Y ~ha (CB pamuek jp4 tra { (ego ar shaptt i that w11 at>ampsittt the oxtrctno" l(ariZtt of tha x~~M embicaea, a i othar., to~ther watt Ray t~taCial.ac epbr~>f~fi~;,at~ #u1ta~! {iart'~if tha tlit ,dt~ph>y p y ar tttoct to dIlPtaresritlatC the + fr00A the bat rtag, br tlructt t whicb~ it ft pJia~i, ~f'e' arai~ ittchtde~t tack fe~turrt ,t~;tft+et,+~~ ot~iamattRbl elt aaaatt dr ~tR~t`as,;5ordart±'trit~ but`boE ~cltlt'ir~ w str►w~rp wbt~h tr~tf x~kl^y frnf wpport trt ttte°~1~, tt~h';~rtt ~ caltmd~t cable, ar daccir~tfve Eance, s~rCt'itirtgdt~ria3 hc:wull~ _ ~ Sigq copy 0atltit~ br.,pa nted on a bec " ~t petrel t~,~t(t d>ss~tnc~ ! paitttedrtexturad ar bonsmicted tut tr t tbtrtt "'f M6006l 4 tha `urea ctmtairI *W i tWbUiW clibiafit~~ a M > rcw»d pastel or stul"a6t~ X JACK'S GARAGE b. SIP c mating! et lncl vldRtr31 kttera aiAw ~t~ttphla wall, lettc it acrca, ~,~r~ ~rttcl~i of ~ btR~br ethe~ ~tttuta hat` , r beeli l~ C1;E;~t~ }~C~rfl4pd ,0 the „s yl~ ,ba is ttfretl as tha prat try the xaa lkRS re Rtl~tr thsl .}z: . tw a~`xsm~iutln>~:~E shams that wllj ru~xb~tt}l.. ~ ` Supp. No. 1 2314 i t~ 'i e' fi SIGNS AND ADVERTISING DEVICES § 33.147 Milt ra.. ZOetd thOrd area"nutnbcr of sign far s'br rrio>' ' ` 02 G' r4 than.ana,si fah a4 One~•Area of the sirigla face only 'Iwo--Xf the lnt+rla~ artgie batsc'~en tht fwa faees,is 4Sa or lats;t, the a>:ca svdl ba tha area at ana fa;7n1y; 1f the angle batweh the twa ;,igt; fac.s J;xeatr.t Ail' 4 ~V the sign area`svlltba the 4arq al',the,arbsiEvdirttia`itwfi fads; 'Chri`s ,~i` mQl`e s#d4~~'~"!fe al~ark wUl t}le of thy::; ~t'aas ol• oad#►^~~ th`a +d,. t11 s'tg,n~at~ a s~g1o sl~p}srtingf~tetrahU b,iaasurad tr a thtttgl tht~ arax..e~ arse ~'1~ sign tu<.det~rmine thr, Ei~talrbffeCttve at`e~ axe~ that t+ separafed by mite than; thirty~six (36) molds a sptl at dV#O pplhj eet the signs ,4hsl)i bd::maa~urect se~artely end adde;f tlngettierz"ta dsa'gy ifid tgtil t#etiva eras; e. Sph~ric;ai free«#'drgt„~ulp~trai, at3tet,nan~ptanar slgrls~•'T'hd at'4g bn~~~d ~y t#ta sn~t~sst ii~a;~ittary r~ 1~~;~happ~-ar cQrhb(r~tf6n a~<sb~~4 which` s~'nutcl ftfity? canratn ~ti part~ati~xohG-sign w~ea~rat~t~r~ hdrizartthll~gr~und iha?ef Sec. 33.147. Abandoned signs and supporting structures, The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements; (1) If It Is an abandoned portable sign, remove it within thirty (34) days of the date It becomes abandoned, (2) If It Is a ground sign that does not meet the size, height, setback and other requirements of this article and Is abandoned on or before the owner shall remove, modify or relocate the abandoned slgn~`o1 ~d},#;;blaitk fails !7r dthdr` 61 We message an,the Sign tyy+. to bl' as is necessary Supp. No, 1 2315 113, I SIGNS AND ADVERTISING DEVICES § 33-147 c Where there.."re a iturnber o£ sign tare ax'mare tha~.ane sigtlf~ ° ll 2, a structuure, qne~-Area of the tingle face pnty afdil Of the Iritrrrlar angle b~twcert th+s trva faces is 45° or lass, #ha afce rvtll ate eras of ana face c5r11y~j' if tfie arfgta batWCatt the `vu slgttEeGes ls;gre atcr"thart 4S the sign area will he tB'e sure bf: aria of tlie; twa'tacesi I i i 'f'Itrctw ~ mdre;sfae~a~Tha "area will ba the s~~ t~f th'~ areal of ~;ch a~ the ' ,;Ap'stn#<'an a,slrl~iefiupirtitt sfrttCtuY~; s;<ra Ezerueayated tf Ehay wexc qde (1) sl~n to det>rrrzittg tht3 tptl ~f~eetive haul scpat'atet hY tSttife than-Thirty-sfx(3b) ln~.ht:~'~°t' aG`r s a~~ ~ ~`~tft~t s~gn~ t}rG t s :shall be, t a~ ured,sepa ateiy gtii3 dclec! to etb id ~ct'fne~ive area; $~herlcal` fret+f~i'; scttlptural, aihet ,n~rtpltrttarJgns~LTha ar ~all~st ~~tagin~ ' F ~ ~ atelosac;E'by thb r t`3` ~~1~ sh~~ tjr rs»uthlnatitsrt sJttapaa~rhfc?~ wtiulq fully, i!ti~taitt ail part;~a~ of thns~~rt when`rgtat~d hgrizpnt~lty aranhd the ~i~n Sea 33.147, Abandoned signs and supporting structures, The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements (1) If It Is an abandoned portable sign, remove it within thirty (30) days of the date It becomes abandoned, (2) If it Is a ground sign that does not meet the size, height, setback and other requirements of this article and is abandoned on or before the owner shall remove, modify or relocate the abandoned si677#4e h, I or t~thet bdtta fide medsa~d on the xign,by icas is necessary 5upp. No, l 2315 1I3, } J a I § 33.147 DENTON CODE 4D comply with the requirements of this article, If the ground sign does not meet t e s*p,-e, Wig its requirements of this article and is abandoned after die-;, 496 the owner shall remove, modify, or relocate the sign pri put d blank face or other bona fide; rrtessaga an,the sign within r nefy (90) days sip { -"-4 of the date it becbmes abandoned, as necessary to"complywith the requirements of this chapter, (3) If q supporting structure used or designed to be used with a ground sign is abandoned on or before june-1`-144 and the abandoned supporting structure does not comply with the eat size, height, and setback requirements applicable to ground signs, the owner of the premise shall remove, modify, or relocate the supporting structure at put aNatik fatx an p s)gtt with's battn-;flda ttYOS~ags gt~`the,stppnrtin structitrg by# as n L(da to"comply with those reg6ireriients, If a supporting structure that does not meet the s+ae, height, sethaek requirements applicable to ground signs is abandoned after Al"47 499-6 the owner shall remove, modify, or relocate the supporting structure of put e' blank face, qr battn ftde ai$n, ott thc.'support ipg sftilefurq within irinety (q(l} days {*}ts of the date the supporting structure becomes abandoned as necessary to comply with those requirements, In determining whether the supporting structure complies with the size requirements applicable to ground signs, the effective area of the can, frame, or similar part of the supporting structure that holds or to which the sign Is attached shall be measured in the manner applicable to signs, except that all air spaces shall be counted, (d) >f &n abnndancd atippariing strttdtutc does tTbt haves can,`#kame, ai slrtiilar part of ttia su~poxting stru~u~~ th'a't wnuld;ht)Jd aria whipt the sign would be attached, and such a part nr fa,~b ar' sights placed. nn the tau~flaxtirtg structisra, thasi~a; pr, blank face ptttt~ vn thes suppc~rt(trg strirs;tura shall oat b~ll3rger ttj'aft'ecti+e area than t~ia ~t~ndxrds fdr a ccSnf`nrrnittg;sign, . (S) N, abandi trod sign ~ 'suppc,rill ' ffictttre wllichls;U0e4 under the>pravtsidhs of this scch`ar shalt ire tttttd16 ntbra oat ~caaform ~ng (6) "Aiter4tg, putflrtg a` b44. face, ar pottittg a aigrt at> ain 0 811 Med guppoitlrig structure,,~vkfieh is abattdon~d after ,;~lg~,,, and µhlctt waulrl be nor#~canfarmisig dnd the Cdrt of which e~tceeda sixty ~GQ) p~rrent ~f tt'ce reprcxtuctfnn cast bf #1ie exi$iing ab'andnrt d stgn`ar tipprirting structttre;:tteft uat bcs Serhlltt d, gauttan:~ •JS orthis cIrtxptcr shall:apply t'ct this, aftliemertttattied l uhtagtt, ( (4) Any abandoned sign or abandoned supporting structure not removed by the owner as required herein, shall be considered an unlawful sign and may be removed by the city in accordance with the provisions applicable to the removal of unlawful signs, Supp. No, t 2316 I lei , fi SIGNS AND ADVERTISING DEVICES§ 33-151 41 ~;J.;ntlallam z - As used in this section, abandoned supporting structure means `tk poles; beams;7f3,yi cables, or other materials that are used or once were used to support an abandoned OO sign. (4(~, If a ground or attached sign that conforms to the regulations of this chapter is abandoned, the owner shall either remove the sign and supporting structure so as not to be visible from any public rlghi of way, or paint out or cover the message portion of the sign, or put o b rtlC face on tha si so as to leave the sign and supporting structure neat and unobtrusive in appearance, within ninety (90) days of the date it becomes abandoned. (Ord. No. 89-017, § XIV (App. B, Art. 170.2.), 2-7.89; Ord. No, 91-048, § XXVII, 4-2.91) Sec. 33.148, Clearance from electrical lines, All signs shall comply with the provisions of the latest edition of the National Electric Safety Code. (Ord. No. 89.027, § XIV(App, B, Art. 17G.3.), 2.7-89; Ord. No. 91-048, § XXVIII, 4.2.91) Sea 33.149. Sign maintenance. It shall be unlawful for any person to erect, locate, or keep any dilapidated or deteriorated sign. (Ord. No. 89017, § XIV(App. B, Art. 170.5.), 2-7.89; Ord. No. 91.048, § XXIX, 4.2.91) Sec. 33.150. Wind loads, All ground, projecting, and roof signs shall be designed and installed to withstand a wind pressure of not less than twenty (20) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. (Ord. No, 90.051, § IV(App. B, Art. 1703), 4.3.90; Ord. No. 91.048, § XXXI, 4.2.91) r Sec. 33.151. Use of state right-of-way. No person shall crass or park a vehicle on a state right-of-way for the purpose of maintalning a sign adjacent to the right-of-way. (Ord. No. 90.051, § IV(App, B, Art. 170.8), 4.3.90) Supp, No. 1 2317 f: 1. it + (5 Ili 11 I~ § 33.168 DENTON CODE l;lonrl,tllarn__.d_ Sec. 33.152. Inflatable devices. The following regulations shall apply to any balloon or other type of inflatable device used as a sign: (1) It shall be securely anchored at all times. ` (2) It shall not extend to a height greater than thirty (30) feet above ground level unless it is attached to the roof of a building, in which case it shall not extend more than ten (10) feet above the highest part of the roof. (3) It shall not be allowed to extend over any public street or right-of-way or over any other property not under the control of the permittee. (Ord. No. 91-048, § XXXII, 4.2.91) Secs. 33.153 - 33.165. Reserved I ` DIVISION 2. PORTABLE SIGNS I r i Sec. 33.166. Prohibited. { It shall be unlawful for any person to erect, place or locate any portable sign on any JI premises. Ord. No. 89-017, t. 17C.1. 2-7.89 IXA .B,Ar ) § P I See. 33.167. Lawful nonconformity. Any portable sign lawfully existing upon any premises before February 21, 1989, in accordance with the provisions of any prior ord inane> shall be allowed to remain on that premises as a nonconforming portable sign. If properly registered and continuously maintained in accordance with the provisions of this chapter. (Ord. No. 89017, § IX(App. B, Ait. 17C.2.), 2-7-89) See. 33.168. Maintenance of nonconforming signs. A nonconforming portable sign which is properly registered in accordance with this chapter, shall not: { (1) Be moved to another premises so as to be visible from any public street, Supp. No. 1 2318 I li ,a { SIGNS AND ADVERTISING DEVICES § 33-181 (2) If removed from any premises for any reason, be placed on the s6the._p11emLt so as be visible from any public street, 1712 el (Ord. No. 89.017, § IX(App, B, Art, 17C,3,), 2.7-89) Sec. 33-169, Anchoring. All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the building official, (Ord. No. 89.017, § IX(App, B, Art, 1704,), 2-7-89) Secs. 33.170 - 33.180. Reserved. DIVISION 3, REGULATION OF SIGNS BY ZONING DISTRICTS Sec. 33.181. Residential districts. The following regulations shall apply to A, SF-7, SF-10, SF-13, SF-16, 2-F, MF-R, MF-1 and MF-2 zoning districts, as shown on the official zoning district map of the city: (1) Permitted ftrtth'urt5hibit0 type. Ground, wall, wind device and stake signs are permitted In residential districts. Roof, projecting and off-premises signs are prohibited In residential districts, (2) Effective area and height. No ground sign shall have an effective area greater than fifty (50) feet or a greater height than six (6) feet, (3) Setbacks, All ground signs shall maintain a minimum setback often (10) feet from the curbline and any side or rear yard property line, except that any ground sign may make use of a supl-rting structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side or rear yard setbacks specified in this subsection, if the sign so placed would not violate any other provision of this chapter, (4) Number of ground slb s. Only one ground sign shall be located on any one premise, except as follows; a, Any premise having frontage on more than one (1) freeway, arterial or collector street may locate one (1) on-premise ground sign In the defined front yard of each Supp, No. 1 2319 F i § 33-182 DENTON CODE irk ~'F?.z f street, provided that neither sign is located within that area that includes the overlapping front yards of both streets. K Any premise which has more than five hundred (500) feet of public street frontage on a freeway, arterial, or collector street may make use of one additional sign for each five hundred (500) feet of additional frontage on that street, or Y fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise. The distance between the signs shall be measured along the curbline, from and ti between the two (2) points on the curbline which are nearest the two (2) signs. a, Ariy'groiitid '$ign aver ten (1U) feet in height and any waif sigh aver fifteen (ls) feet u height shall 111 6lntat6the follcrivg Setback fromdi he any sl" single fAitlily zap no gjstrfl4t§ jr. p party-• p p ole famt ~lY Sri t f'rQm that district p ~ 1 ~.r a sinresidence u3d be , ISetbadk ~ `N{ya{iai,;n4W~i~ltyttsttijnat~~,Y~jR . Y kg', , , , f~,Y , . ~ Y , , . <~lyO~b•fpeet} {1yIIlii011 Y I I t1~aet`e/cC/l~M i 1 i} s r s I 1 a 1 L{i [/~ljl\ii{i~P{i~Vj M lrarfernail iliurttinatecf i Y, Y Y'.R 1, R 7 F 1 i f f 1} I F F} I f 50p feef (Ord, No. 85406,2( pp. Art 1~D.L), 16-15 8 ; Ord. No, K-'017, § X, 2-7-89; Ord, No. 89.151, § 1, 11-7-89; Ord. No, 91-048, XVII, XVIII, 4-2-91) , Sec. 33.182. Nonresidential districts, The following regulations shall aPP1Y to signs in any zoning district designated as a P, 0 , NS, GR, C) (3A LI or HI district, as shown on the official zoning district map of the city. '14wJ (1) !W-e. Ground, wall, roof, stake, wind device and projecting signs are permitted in i nonresidential districts, (2) Effective area and height, a, Ground signs shall have a maximum effective area and maximum height based on the street frontage of the property where located, as follows; Street Frontage Maximum Maximum Montttrtetxt Sig* Effective Height BfteetjYe "Al", Area IH 35N, 35F, or 35W 250 sq, ft. 40 ft. 3U(} sgi ft, Loop 288 150 sq. ft. 30 ft, 24t? sq, ftY Other primary 60 sq, ft. 20 ft.* Nlt~ > arterials All other streets 60 sq, ft, 6 ft, l`I/A *Except for the Central Business districts. Supp. No. 1 2320 L[ i :i SIGNS AND ADVERTISING DEVICES § 33-182 b. Any premise may make use of one (1) on-premise ground sign oP'a maximum-height----- of fifteen (15) feet and an effective area of one hundred twenty (120) square feet, in 9? lieu of any two (2) permitted ground signs. ~f1 c. For any premise which has frontage on a primary arterial street and has more than one (1) tenant or occupant in separate offices, rooms, or buildings, the effective area of one (1) ground sign, if used to advertise more than one (1) tenant or occupant, may be increased above sixty (60) square feet by 0.5 square feet for each foot of frontage on the primary arterial, but not in excess of one hundred fifty (150) square feet. (3) Setbacks. Ground and projecting signs shall maintain a minimum setback of twenty (20) feet from the curbline of any public street and a minimum setback of ten (10) feet from any side or rear yard property line, except as follows; a. A ground sign may make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side and rear yard setbacks specified herein, if the sign so placed would not violate any other provision of this chapter. b. On properties fronting primary arterlals, the minimum setback of twenty (20) feet for ground signs may be reduced up to a minimum of fifteen (15) feet from any curbline, if the height of the sign is no higher than the setback (i.e., setback 18 ft., height = 18 ft. or less). (4) Number, Only one (1) on-premise ground sign shall be located on any one (1) premise, except as follows: a. Any premise which has frontage upon more than one (1) freeway, arterial or collector street, may locate one (1) on-premise ground sign in the defined front yard of each arterial or collector street, provided that neither sign is located within that area that includes the overlapping front yards of both streets, b. Any premise which has more than five hundred (500) feet of public street frontage on a freeway, arterial or collector street may make use of one (1) additional on-premise ground sign for each additional five hundred (500) feet of frontage, or fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise. The distance between the signs shall be measured along the curbline, from and between the two (2) points on the curbline which are nearest the two (2) signs. (See Appendix Illustration 14c). (5) Spacing requirements a. Off-premises sighs. No off-premises ground sign shall be located within one thou- sand five hundrs (1,500) feet of another off-premises ground sign on the same sfde of a public street, The measurement shall be between the two (2) points on Supp. No. 1 2321 I~q. . 3J rn; ern i l i r; 1 ":;il1.7 Iv l~• . r+~ § 33-183 DENTON CODE the curblines which are closest to the respective signs, along and parallel to the curbline and across any intervening street intersections, I b. Signs and residential structures Any ground, roof, or projecting sign over ten (10) feet in height and any wall sign over fifteen (15) feet in height, shall maintain the following setback from any single family zoning district or property used for a single-family residence if the sign would be visible from that district or property; Ground or Attached Sign Setback Non-illuminated„ IN feet Internally Illuminated,,,,,,,,,,,,,,,,,,,,,,,, 200 feet Externally Illuminated . . . . . . 500 feet i The setback shall be measured in a straight line from the district boundary line or residential property line to the nearest portion of the sign or its supporting structure, A sign shall be considered visible from a residential property or district if the sign can be seen from six (6) feet above ground level from any point on the property or within the district. The setback shall not apply between a sign and a I single famlly residence located on the same premise, { (Ord, No, 85-206, § 2(App, B, Art, 17D,2,), 10.15.85; Ord, No. 89-017, § X, 2.7.89; Ord, I No. 89-151, 11, III9 11.7.89; Ord, No. 91.048, § XIX-XXIII, 4-2-91) I See, 33.183. Planned development districts, (a The regulations for signs located in planned development zoning districts shall be contained in the ordinance or concept or detailed plan approved for the district, except that no off-premises signs shall be permitted, Should the regulations for signs be omitted from an ordinance or concept or detailed plan for the district, the sign regulations that would be applicable to the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the executive director of the department of planning and eowfa+w*4y-development, shall be applied to the district or part thereof for which the regulations were omitted. i (b} it ~eyi~iiane frtat~t tfirf ataadard~ itt`tliis ~hept6r may bo sbritld'cretl"""it' ihoxranfinttbu strcct Tanta Ott the iatttt c dvdjoptrieo d strl0t' S les>Z Mari that r gailre f eatssiderafiatt df a'-S'- tat din District, (c~! I7eviafinn~ '<roin tho iitattdards in this rvhapt~3 rn b6 appruvod as Inttg a th; devl dons egt►ally r►lect`the objectlvax'af ihls Chapter;°l;tip ddvllakiptt$.06 )10c s9 tated by th6'desitr a tltb develapmari wlthtq "the plxrined dr.:vcloprriont ditet ;ind fs1ch d6vit ifan arc ound `ta meo(Ihe sdmc 0rltar:4 as tiaat;far crrlttiart of a:Sp i~I,Sigif ~tSRt~Ct llI Supp, No. 1 2322 1 lab l :p69, Eyp, . SIGNS AND ADVERTISING DEVICES § 33-I97 11111 {l # _ (d), A "op~rval'af deV3atlt~~ frarn ~etcra! s statlciarris nhatt'•,I~ i;u . I~il ' p raved by thr cit}r yauncll art tha. fandlag rt zariin;~ Comm { ` fie _l~~~0~ 92 I (Ord, No. 5.206, § 2{App; Art. 17D.3,),~ 10-1.5-85; (3rd. Nci, 8x3.017, § X ~-7.89) ~ / ~ Sec, 33184. Central business districts, The following regulations shall apply to signs in central business zoning districts: 1 (1) Type. Ground, wall, roof, stake,''wifid d central business districts, eal„ct and projecting signs are permitted in + (2) Effective .tive arm andht. No ground or roof sign shall have an effective area greater than sixty (60) feet, and no ground sign shall have a height greater than six (6) feet. (3) ht•of-way limitation nn n e limn No projecting sign shall project or extend I Into the public right-of-way for a distance of more than ten 2 l0 feet of the nearest curbline, whichever is more restrictive. No a O ecting si to o supporting structure or part thereof which extends into the public night-of-way hall 1 occupy any of the space between the ground level and eight (8) feet above the ground level in the right-of-way, (Ord, No, 85.206, § 2(App, E, Art, 17D,4..), 10.15.85; Ord. No, 89.017, § X, 2.7-89) Sees. 33.185 - 33.195, Reserved, DIVISION 4. ATTACHED SIGNS i Sec, 33.196. ,Scope. In addition to any other applicable regulations, the regulations in this division for ' attached signs shall apply to the type of sign specified in all zoning districts, (Ord. No, 85-206, § 2(App, g, Art, 1713), 10.15.85) Sec, 33.197, Roof signs; pn)Jeetlon. Roof signs and their supporting structures shall not extend laterally beyond i! wails of the building and shall have a maximum height and effective area as followsterior S upp, No. 1 2x323 flat i f1 ry97t 61f 'Y tl, (E S{ 1 . § 33-210 DENI'ON CODE " Number of Maximum Height Maximum Effective Stories Area 1 55% of bldg, height 60 sq. ft. 2 36% of bldg, height '75 sq. ft. 3 to 5 30% of bldg. height OWN% 6 to 9 25% of bldg, height 10 to 15 23% of bldg, height + j 16 or more 40 feet * 1 *For each story above two (2) stories, the effective area of the sign may be increased by fifteen (15) square feet per story, to a maximum of two hundred fifty (250) square feet. (Ord. No. 85-206, § 2(App. B, .Art. 17E,I,), 10-15-85; Ord. No. 91-048, § XXIV, 4-2-91) Sec. 33-198. Projecting signs. (a) Cn structio2 , All projecting signs shall be securely attached to the building or structure. (b) ro action beyond roof A projecting sign shall not extend upward to a height greater than the highest part of the roof or any exterior wall, whichever is higher. (c) Size, The total square footage of all projecting signs shall not exceed twenty (20) percent of tho wall area on which such signs are located. (Ord. No. 85=206, § 2(App. B, Art 171=.2.), 10.15.85; Ord. No. 91-048, § XXV, 4.2-91) Sec, 33.199. Signs on common buildings. When one (1) or more attached signs are located on a building which is divided and contains more than one (1) business or use, the regulation of such attached signs as to size and projection shall apply separately to the part of the exterior walls which contain that busiress or use. (Ord. No. 85.206, § 2(App, B, Art. 171.3.), 10-15-85) 1 Sees. 33.200 - 33.210, Reserved. i Sapp. No, 1 2324 I lad i i i !I it li SIGNS AND ADVERTISING DEVICES § 33-212 DIVISION 5. TEMPORARY SIGNS See. 33.211. Stake signs. (a) No stake sign shall be larger than thirty-two (32) square feet in effective area. (b) No stake sign shall be located within any public street median or within ten (10) feet of any curbline, (c) Any stake sign advertising the sale or lease of real estate, a garage sale, a candidate or issue to be voted upon at an election or other temporary event or happening shall be removed by the owner of the premises if placed thereon by the owner or, If placed thereon by other than the owner, by the person responsible for the placement of the sign within ten (10) days after the date of the occurrence of the event advertised, (d) No more than one (1) off-premises stake sign advertising the sale or lease of one (1) piece of real property or one (1) real estate subdivision or development shall be placed on any one (1) premises, {e)'r A sign ~up~br[ed by atak~ which is nat usea'as tetaparary sign sh1l lic cansldtst`~d ~'graund iil~ and'shaJl Ue:;p~rmitted att3y..accdrdtng tw'th~ ~tarttiatds,fa>✓ gt'qiittd stgcis, , (Ord No 89-017, XIV{App, R, Art, 17Cr,4,), 2-7-84} Sec. 33.212, Wind device signs. (ti) vc+i~a devt't~ id nttficafii~n tag, ,`C'rt~ building offlcli>~ alt' his desigtte< sh' III ssu .a registratirari tag to thc.rv{nd devices ~eiXtrtlttf e., The witi,de`vtc~;petmittee shall cause the tag fi5 bs ~~'ixed in,~ carts icuplis taCb ~n tkie; ermitt~~,wlriil dt:vi~~ , {b The provisions of this chapter regulating wind device signs shall not apply to the following; (1) State or AP Tonal a s No permit shall be required to display one (1) national or one (11, ~,i;te flag,'or both, on any one premise, If the exempted flags are displayed on fia, „t in the manner of a ground sign, the number, helght, size, and spacing requiremznts applicable to ground signs shall not apply, but the flags and poles shall maintain the required setbacks for ground signs, (2) Prernise identificmlon jpL No permit shall be required to display one (1) flag on one (1) premise that identifies the person, organization, or business, or displays the logo, trademark, emblem, slogan, Insignia or similar Identification of the owner or Supp, No. 1 2325 ~ a3 . i f 33-213 DI NTON CODE occupant. If the exempted flag is displayed on a flagpole in the manner of a ground sign, the number and spacing requirements applicable to ground signs shall not apply, but the flag and poles shall maintain the required setbacks for ground signs. The exempted flag shall have a maximum effective area of fifty (50) square feet and a maximum height of thirty (30) feet, unless it is used on the same flagpole used to display a national or state flag. (Ord. No. 89-017, § XIV(App. B, Art. 170.6.), 2-7.89; Ord. No. 91-048, § XXX, 4-2.91) Se¢.-J3 313`Re}'1ae4ng- g ►nd siges. This Seely-HP sign e#e-use of thm Now AF -Wida, fie-the-feg~lefiet~s-H€-this-e#t~teF 0 uw-o ThO POFFAit Shall apply abandoned of illegal si~n er all abandened ( y e ' la e1"ifffiilied by the elly. - (3)--T I by- a neW-{~4~f~Q r l , 1w additional enetear--~j but Fill tempefsFy We Pe.-M."S ahanden , f--- pot dale Of ese~; Supp, No. t 2326 ia~#, 1 1. 1 tl I F. 1 k ;q ~i SIGNS AND ADVERTISING DEVICES § 33.221 A sip 0- '@Fed 'Cap a "01-1 altered sip Mum Make ~99 4 k 1 11111114111 (d) 111:1119,1111:11;1111 (GFd, Ne 94 156, -44-5:94) Secs. 33.214 -33.220. Reserved. i ARTICLE VI. ILLUSTRATIONS Sec. 33.221. Nonresidential ground sip setback. The illustration of setbacks for ground signs In residential districts is as follows; 14..sIrsACKS GROUND SIGNS NON-RESIDENTIALk I~ 1 MTRI[T MACK OF OURM * RIMID[NTIAL [ITMACK ONI HALF OF THI MKOUMlIO FRONT VAR01 (Otd. No, 85.206, § 3(Ap, B, Illustration 14a), 10.25.85; Ord. No. 89.017, $ XVII, 27.89) 5upp, No. l 2327 1a~F .,rc3Ma•I 1 } E I~ § 33.222 DENTON CODE Sec. 33.222. Measurement of helght. /al ?.2 The Illustration for measurement of heil;ht of signs is as follows; l/ t 14b. MEASUREMENT OF HEIGHT ---Maximum Height - Horizontal Line --1 SIGN SIGN r~ Vertical Line I I I I I 1 1 Above Curbllne I ~ Below Curbline I I STREET SI j " CURBLINE CURBLINE - Maximum Height Imaginary line g i 'SIGN I I J~ effective area of a s at its greatest extent, -464 I I II I I Horizontal line Vertical Line I (Ord. No. 85.206, § 3(App, B, Illustration 14b), 10-15.85; Ord. No. 90-182, $ VII, 11.20.90) 5upp, No, 1 2328 ray, t, R ~Y 1SIGNS AND ADVERTISING DEVICES § 33224 P~`;,(;+i,10• _ D, 1! 0 See. 33.223. Number and placement of ground signs. The Illustration for the number and placement of ground signs is as follows, 14e.NUMBER AND PLACEMENT PROPERTY s. 1 ffsa THAN 600•, GROUND SIGNS 1 6,ON, e p 10' 60VAI16 f66r y Q~ 70 PROPERTY A. j 1600'10! IN ONtA 061 OR I SIGN, 120 SQUARE FEET MAXIMUM. I 1 i 2 110106, 60 SQUARE FEET EACH, MAXIMUM, r 11 i a>:E6~ 1 //ye To, I--- loo' eA►eeerioN MOh6 THAN 600' i STREET RROUTAQa (Ord, No, 85-206, § 3(App, B, Illustration 14c), 10-15-85; Ord, No, 89-017, § X1119 2.7-89) See. 33.224. Visibility point. The illustration for the visibility point of signs is t, follows, NY~Mf~ NMI ~ S I ~ ~y0 / bw 10 frr66r , (Ord. No, 85.206, § 3(App, B, Illustration 14d), 10.15.85) Supp. No. 1 2329 ~a~1 C I SIGNS AND ADVERTISING DEVICES § 33-224 Sec. 33.223, Number and placement of ground si ns, The Illustration fcr the number and placement of ground signs is as follows: l~ 14e.NUMBER AND PLACEMONT PROPERTY S. GROUND SIGNS iiFea THAN 600 '1 ' 40' 00Y4114 $ebEg 3 a~ PROPERTY A. M 1600•+0F FNONTAOe 1 OR 1 SIGN, 120 SOUARE FEET MAXIMUM. I 1 y 2 SIONS, SO SOUARE FEET EACH, MAXIMUM. i[ (~Iw~ 1 FMS ♦oo• evAAATION 1,O N[ THAN $00, STRO<T RRONTAa1111 (Ord, No, 85-206, § 3(App. B, Illustratir. ~ 'Ac), 10.15.85; Ord. No. 89-017, § XIII, 2.7.89) Sec. 33.224. Visibility point. The illustration for the visibility point of signs is as follows: i r wr~Nq rrw 11-10 ~Col 110, #O , 14 10 31}N} 0< -Atak" ONO (Ord. No, 85.206, § 3(App, B, Illustration 14d), 10-15.85) Supp. No. t 2329 i i I I I h § 33.226 DENTON CODE Sm 33 "'IS. Melive area 000 149.E CTIVE AREA GROUND Ms ~ I / e i ~ Ni IffICflY1 i11fA f INII IHN Ii ' 60 10 Fitt t t 2 89) Serf 33.226. Exceptions to effective area. The illustration for exceptions to the effective area of signs is as follows: 14t.EFFECTIVE AREA EXCEPTIONS EXCLUDED FROM INCLUDED IN - EFFECTIVE AREA fFFICM1 ANEA (Ord. No. 89-017, § XX(App. 13, Illustration 140, 2.7-89) Supp, No. 1 2330 gas , t 1 I SIGNS AND ADVERTISING DEVICES § 33--254: r;.,,n Secs. 33-227 - 33-250. Reserved. ARTICLE VII. SPECIAL SIGN DISTRICTS* I Sec. 33.251. Purpose. I The purpose of a special sign district is to allow properties to deviate from the sign regulations of this article if a qualifying property has an alternate comprehensive plan that is clearly superior to what could be accomplished under standard regulations, I (Ord. No, 91-048, § XXXIV, 4-2.91) Sec. 33-252. Application and plans. I Any person requesting the creation of a special sign district, or amendment of a sign district, shall submit an application, the fee and the required plan, along with any other information specified by the administering department, Ord. No. 91-048, § XXXIV, 4.2.91) I I 1 Sec. 33-253. Sign plan, The sign plan for the district shall show, in the Corm and manner specified by the f department, the location, setback, size, dittteM' Ad sand height of all signs regulated by this chapters mW any other conditions, restrictions, or regulations that will apply to the district, ; Mid $tty thtrr tnformattnn spec#i ed by tlae drpartmenthe a tttmiscipf4 ar eounett needed 1A ddCgUat~#~ ~8#RI~ t114Igtt ptatt UGh lrMptrftfiglt rll~y f11C1UC1df (711t #S CtOt I#ttillted !b~> 41 Ormadon concern & iht itanls' noted In pct#ail": ti4 4 Ord No. 91.048, § XXXIV, 4.2.91) Sec. 33.254. :Review of plan, Ct~lttiAri4 R~V#Cw o~=lpla0, (f~t~>t#di The council may approve the creation of a sign district for any property which has more than six hundFed (600) 1 rep hundred (300)' feet of continuous street frontage on one (1) public street if it finds the district: f 1 *Editor's note - Provisions designated as App.B, Art.17, paragraph K, by Ord, No, 91- 048, adopted, April 2, 1991, have been included in this Code at the discretion of the editor as Ch. 33, Art, VII, 33.251 - 33-258. Cross reference - Zoning, Ch, 35, I Supp, No. 1 2331 fam - I I I i r I 4^ t `t+ t, § 33-2564 DENTON CODE (1) Provides a comprehensive plan for signs that would be clearly superior to what whould be allowed without the plan; (2) Would be compatible with surrounding properties; In considering whether a' district; and sigh plan €s;1fcdmpatible!! and "clearly sup~~anr"} the eorrirnission'and eaurncil shal€ cohsi fd but arc'nnt limited ta'consicleting the follcswtng (64) Scale. The relationship between and egrnpatibtlity.of sign scaled aeA site scale and the sca€&0 f nearby b" Idrn$s. (1}3) Color. The relationship between ajid coit~041bility of sign color to the color of riehrtrj property, biuidingsr and landscaping, `k'he. degree 164whi sign eolars are t.Q p imeritary, to its 5i craunditigs (0) Material ~e The materials mss of the signs and how they relate to their surroundings. (d} =.Sham ~'€te sha}~e!'afid dcsigrt.pf the sigcts;at~~ hoihey re a.... their surcaundiPs (e4) Landscanine. Th,e relationship of signs to landscaped features in and outside the district. TC~.$afet_, The Ittt}~aci of the dlgrts 6n traffic's viM~ thdegree k which silt q ,$tructioiss ate croai d or f;it roved; ; vo#dan~ of ccf~fuslbn v ;th nr abstructi~ f ak traffic ~tttr~ atgns aaci detr3r.es~ ~n~"~Sa titne''it fakes'a mat8riit to tead.thc'aign (g3) Illumination The impact and compatibility of sign illumination w€thist tltie aistrief at;d,in relatto hEighbortng ~Srnpetties, Th tt did ncg af,?, 6'd ilght poiluridtt.,,. (h6) Integration. How the signs in the district are integrated into a unified development concept with t11e topography, building design,"othel .....i landscaping, traffic circulation and other development features of the distr Ct hear fo 0ifd b y P p~>f (Ord. No. 91.6 , 48,}fX'){IVI 4=2.91) Sees .33 '155. Gpea"eims n-c4 ~y- > 1148A Sig MR& M tag@ O ORe "t PU ;cMFeet if 11 find-6 the-distfim! Supp. No. t 2332 13~ . jf SIGNS AND ADVERTISING DEVICES § 33.255 (1) pla" f0F signs that would he e; akL . he fillewedA.4hou! the P ~PFOPeFtiefil, (3) Is not being used merely to avoid or gain a variance of the sign regulations, (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with the requirements of this section. (Ord. No. 91.048, § XXXIV, 4-2-91) Sec. 33-256$. Conditions Imposed. The >'Ian~?41 and DeYolopMori -t t Depat rgent and t, t planning and zoning commission may recommend and the citycouncil may impose appropriate conditions concerning the placement€ 4410 or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of this seeliap chapter. (Ord. No. 91-048, § XXXIV, 4-2.91) See, 33-2M,. Procedures. The procedures for approval of a sign district and thereafter any amendment of the district, shall be the same as those applicable to a change in zoning classification or regulations, (Ord. No. 91.048, § XXXIV, 4.2.91) Sec. 33.2587. Designation on zoning map, Property approved as a special sign district shall be shown on the official zoning map with the abbreviated designation "SD." (Ord. No. 91.048, § XXXIV, 4.2-91) [The next page is 2367] Supp. No. 1 2.333 131, z~ CHANGE SECTION 35, ZONING, CODE OF ORDINANaF:S, PLANNED DEVELOPMENT. Sec. 35.154. Commission approval of detailed plans. The commission is delegated the authority to approve a detailed plan or the amendment i of a detailed plan for property for which a development plan has been approved by the city council, unless no detailed plan has been approved for the property within ten (10) years of the date of approval of a development plan, in which case the detailed plan must he approved by the city council, after notice and hearing. The approved detailed plan shall be attached to the ordinance establishing the district. The commission shall approve the detailed plan if it finds that, (1) The plan complies with the general concept plan or development plan approved for that property; (2) The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhoods nr properties outside the plan; (3) The plan provides for the adequate and safe circulation of vehicular traffic; and (4) The plan is in substantial compliance with the landscape, sign, subdivision and other regulations of the city, or, if not, the plan offers corresponding benefits that merit deviation from those regulations. Scc „3S•i54,41 "J?cvitttin from igonetal sPgu'rCgtylatiatts r. (4~ cvl;ltlolns m the general sip,. kfa ndarrl:i;;may be cattsiderad t£ tlid ebntinttious x re t irtirtage 1}lP0 plgrin~d der±elnpment dtst'iet js less tf ant that retltttred`fci c~rislclttiati of"Sp~ci~lfgrt Dis;tricS (b) Uev(A tai £rnrrt fife j;tc ur}d sign ~t nd' ds may N ;apptaved as tang as the' evlatiat a' ~tluafly in c; the 6b dctlve of file sign rePlatiofis and suo 00i.;titsslS ara nacc~sltate>i by th Fid00.gtS a the develnprrie11, VA. in tilt planned de' 16 ;Me at tiiatt7lctf'ttttd i£ stilt devtat±iztl& are;fourEd,to"meet fife sante:criteria a that fat creatlonFp!`SpIalStgta;Atsfru~ (c} Appmvgl"bf devistia s ft m $eneral.4lgn stolndards shall be aup at~rt d by written u+dirtg:+' a t~ravtcfr^ ' tha: ty'~puztt tl dr tf a 0Janssttig attd zzt a{rte C~rrttYtt io k ~;vuarn~ I r if?'r 1 !(n~~MW"~ 1, ~AyI ,rl III I \ J. A SECTION CONCERNING FEES 1),;~ /33 Create a fee of $75.00 for signs larger than two hundred fifty (250) square feet. Create a fee of $50.00 for special exception petitions, k k I r h I r i / I I a.lrca: Prj7{! Attachment 14 AnoRdA1to11Lv.._T~~ ~T. P&Z Minutes j I AXX00216/60 3 t 7. ;,,..roaNo. -r~°2 P&Z Minutes May 13, 1992 Page 14 b. Partial easement abandonment - 1821 Concord Lane Mr. Clark stated that there is a single family home at this location in Southridge. The owner wants to build a garage and needs to take up some 4 of the easement to do so. Eight feet of the easement will remain in place and will be used by the electric utilities and GTE. The Utilities Department has recommended approval of this partial abandonment. It was moved by Mr. Engelbrecht, seconded by Mr. Glasscock, and unanimously carried (5-0) to recommend approval of a partial easement abandonment at 1821 Concord Lane. VIII, Consider a process to amend the Sign Ordinance. I i Mr. Robbins stated that this will be the fourth time to amend the ordinance and is being done at the request of the City Council. There will be a public hearing on May 279 1992. The community has been made aware of the hearing. The issues can be defined after the public hearing. Staff does not know yet what issues will be raised i and they are not sure that the public understands the issues. Staff would like to get the Commission's ideas and feedback from the public hearing. He reviewed the history of the sign ordinance with the Commission. Mr. Holt said that the cities that Denton tries to emulate all have strict regulations. Why does Plano and other cities have strict regulations and get more businesses than Denton, We are fixing to spend a lot of money beautifying University Drive because that Is what people want. Bryan is a fast growing city but it Is highly regulated. He would like for the public to be made aware of these facts. Mr. Robbins said that staff has begun the process of reviewing the ordinances of other cities. Some have become more strict recently. Mr. Holt noted that Plano Is embarking on strict regulations that make Denton look like an anarchy. f Mr. Engelbrecht stated that the rest of the nation is moving away from signs. Oklahoma is getting rid of all its interstate signs and their major industry is tourism. What is happening in Denton seems to be askew. He would prefer to minimize the issues addressed in this amendment process. 1~5! w i t[rE77; L P&Z Minutes May 13, 1992 Page 15 Mr. Robbins said that some changes need to be done for clean up and clarification of the ordinance. Three issues of substance that need to he addressed are; 1) special sign districts in planned developments and the criteria for deviation, 2) revoking sign licenses, and 3) if a property has 500' of frontage, two signs could he allowed but they would have to be 400' apart. Mr. Holt said that he would like to see slides of older towns that have had a sign ordinance in place for several years, Mr, Robbins said that staff has a Lubbock sllde show, Mr, Holt said that they had a tornado that made their changes quick Instead of gradual Mr, Robbins said that they didn't lose that many signs to the tornado. More were redone because of the ordinance. Ms. Huey asked if the Commission has the legal authority to not change the ordinance, Mr. Robbins said yes but this is not a legal Issue. Mr. Glasscock said that he doesn't think there are that many unhappy cases. This is just something to talk about, There is already a variance committee. Ms, Huey said that the sign ordinance was supported in the recent Council election. Mr. Holt said that before the Commission does anything they should look at the basics. They need to see what other cities have in their ordinances. He would like for the public to be at the work sessions on these issues. They may not realize how restrictive Plano is, Mr. Glasscock said that they won't care, Times are tough and they don't want the sign ordinance. Ms, Huey said that it seems to her that Denton is getting new businesses. Mr, Engelbrecht said that he finds It hard to believe that a sign would have kept I3~. i 1' 1 t' A,%~cfla No, P&Z Minutes May May 13, 1992 Page 16 i Cracker Barrel from coming to Denton when a large shopping center has already broken grown just down the road from their location. Mr. Robbins said that a work shop will be held to review other cities' regulations and view slides. It could be opened as a public hearing or maybe be just a little less formal, i Mr. Glasscock asked if staff knows what people are unhappy with about the sign ordinance. Mr. Robbins said that they find face changing too expensive. People tend to complain because the market wants to do something else. They want a big sign regardless of the effect on the community, They want big signs and lots of them, There will continue to be complains and it becomes a political issue what to do about them. Removing the face change standard would cause less complaints. Mr. Holt said that there are people that have complied with the ordinance. Mr. Kamman asked if Kentucky Fried Chicken has lost business because of their sign. Mr. Engelbrecht stated that they have been using monument signs all around the county and they don't appear to be broke. Mr. Glasscock asked if the sign companies are unhappy. Mr. Holt said that the sign ordinance gives them more business. Mr. Robbins said that there is no unanimous feeling among them. There were two sign builders on the last review committee and they couldn't agree, Mr. Kamman asked about allowing wind devices downtown. ` Mr. Robbins said that it was just left out be accident. Meeting adjourned at 8:45 p.m. ~I t II I P&Z Minutes ~ May 27, 1992 Page 11 Ik No one was present to speak in favor or in opposition to the rePlat. Recommendation: Mr. Yost stated that the Development Review Committee recommends approval of the replat pending submittal and approval of drainage plans. It was moved by Mr, Engelbrecht, seconded by Ms. Huey, and unanimously carried (.1-0) to recommend approval of the preliminary and final replats of the Janke Addition conditioned upon approval of drainage plans. VII. Hold a public hearing and consider amending the sign ordinance. Mr, Kamman stated that the Commission will listen to the speakers at the public hearing and sort out the issues, They will not be taking any further action this evening. Rob Rayner, 700 Dallas Drive, read the definition of a stake sign to the Commission. He asked them to consider changing the allowable size of a stake sign from a 2" X 2" to it 4" X 4", Even with braces on the 2 X 2s will snap in the wind, There is also a labor cost involved In putting the signs back up, A post hole digger and braces must be used but that size stake is just not sturdy enough. The proposed size would give more flexibility. Joe Dodd, 1107 Greenlee, said that in most places the taking of property without paying for it is considered theft unless it is done by the government, Next month the Supreme Court will be making a decision that may necessitate changing the sign ordinance anyway, The ordinance would be better if signs could be grandfathered in and people could use them, Also religious organizations should be treated differently, Changing the name of a preacher on a sign does not constitute a new sign. He has heard many horror stories about the sign ordinance, One lady put up a lost kitten sign, She did not intend to leave them up for a long period of time, but she was required to take them down. That is a misuse of power. It Is the same with garage sales, By Monday the sale is over and the signs are removed. The sign f ordinance needs to be rewritten so that it is more readable especially the part about imaginary parallelograms. There are many complaints about putting up banners as well, To summarize, the ordinance needs to be simplified and sign face changes should be allowed. That has been the overwhelming complaint Bobby Jones, owner of Ace Hardware and representing A. Beavers Insurance on University Drive, passed out a letter from Mr. Beavers to the Commission, He said 13B 1 i S P&Z Minutes Q'!:') X39 ~r~a May 27, 1992 Page 12 I that banners are only allowed three months out of 12 but his business is open 12 months a year and he wants to advertise all 12 months. Fie asked staff what is wrong with banners and was told that they attract attention, He would like to do away with Denton's bad reputation. He is willing to help reach a compromise. Signs need to be grandfathered. Kroger has half of their sign missing and they can't repair it. Drug Emporium almost didn't come to Denton because they weren't allowed to put a slot in an existing sign even though there was a blank space in the sign. Cliff Reding stated that he is riot speaking as the owner/operator of a sign company but as a businessman and tax paver. People come to his business and they leave disgusted. He has several warehouses that he leases out to people. He has rented one building three times but each time when he was asked where they could put their sign he had to tell them that they couldn't have one. i lte renters went away. The permitting procedure itself is difficult. Complex information must be provided, Plano has no pettr,it requirement for banners less than 32 square feet and again businesses are open 12 a,onths a year. He thought a victory had been won when 20' high slgr,,; wr.ec r,llowed, but they are only allowed on arterials. His business is on a five lane strowt but it is wly allowed .1 6' sign. Further down on the same road, Arby's wa, allowed a 22' s, n. Face changes should be allowed, not to make a sign bigger or wider, just to reolace the face. The definition of signs is ambiguous. One businesr had lights flashir~; in the window and was told to take them down because they were a sign. In other towns size Is regulated by setbacks. The closer a sign is to the street, the smaller it has to be. Denton has no flexibility. A Z' X 4" for sale sign will not hold up to the weather and it has no aesthetic d' -'-rence to a 4" X 4" when seen from a car at 30 miles an hour. Another problem is the large signs with vacant panels intended to advertise several businesses, New businesses are not allowed on these signs. Mr. Glasscock noted that Mr. Reding worked on the sign ordinance task force. Mr. Reding said that there was a big difference between the draft and the approved ordinance. Chuck Fremaux of Combo's thanked the Commission for looking at grandfathering. His particular sign needed to change names. The ownership did not change. His sign Is 8' too high, His landlord does not want to out the sign down and he cannot afford to do so. Chuck Carpenter, 1112 Pennsylvania, stated that he represents the 850 members of I3~ , I ,...MO P&Z Minutes !-•,1 __/~-/4-r~.?~ May 27, 1992 Page 13 the Chamber of Commerce. He commends the Commission for looking at this sensitive issue, The Chamber has spent four years on this issue, It is an ongoing issue and will continue to be, The Chamber has bean involved with the sign ordinance but .has only taken a position on it once, The: chamber is very diverse so they are careful about what they indorse. Mr. Robbins has become a regular attendee at the Local Affairs Committee, They have a good wor A survey was done of the members after the original king relationshi ordinance was dine. Now therp, e has been time for specific issues to come up, They intend to do another survey, make a recommendation, and bring It to the Commission. They want to have time to address the membership at the annual breakfast in June and then make a recommendation at the board meeting in July. Mr. Carpenter -.onfirmed the Chamber's interest in the sign ordinance and asked the Commission to give them a few weeks before taking any action. Mr. Robbins asked when the Chamber will have a recommendation. Mr. Carpenter said that their membership breakfast is on June 26, 1942. Mr, Robbins asked if they would be waiting to make a recommendation until after the board meeting on the third Thursday in July. Mr. Carpenter said yes. The Commission agreed to delay action until the July 22, 1992 meeting unless the Council requested otherwise, Carl Anderson stated that he appreciates this issue being reopened. The Chamber wants to be hrvolved In the process and he commends the Mayor and Council member Hopkins for directing that this issue he reopened, Jo Nash, 1319 Stuart Road, also commended the reopening of the sign ordinance issue, She was disturbed by comments made when she was running for Council. She has a friend that runs a Denton business and when her sign broke, she called her employees and told them to call City Hall and let them know that Cliff Reding would be repairing the sign. The employee were told that Mr. Reding is not qualified to put up signs in Denton and should not be used, Bob Powell stated that he han a business but not a sign, no sign ordinance hurts the tax base, He Is a tax base advocate, The sign ordinance was written with good intent ~l P&Z Minutes May 27, 1992 Page 14 l/ I but it is dumb, Dumb things must be cured, The fact that a new business the size of Drug Emporium can't get their name on a sign is dumb. Multi signs are intended to change. Denton Center expected to have new tenants as time went by. Under the sign ordinance, the sign at Billy Ryan High School could not have been built. The fact that Bert's can't be changed to Combo's is dumb. The council can't fix the city pool because they don't have the money. They don't have money for lack of a tax base. If the Texas Instruments building were to be rented to someone, they would not be allowed a sign, Carl Johnson stated that he is a retired federal employee and retired from the airforce. He doesn't know who defined quality of life but from the standpoint of an average person it is a viable business community. Businesses need visibility. That means signs, As a consumer, he wants to be able to look in the yellow pages and then drive to address and he expects to see a sign there. Denton is not "Carmel by t the sea". As a citizen, he suggests that the whole sign ordinance be junked and rewritten. For the last few weeks the most wide spread visual pollution has been campaign signs. The sign ordinance is not a quality of life issue. It is restrictive to the business community. His neighbor attempted to set up a business, got fed up and went to Lewisville. 7'fte business 's flourishing there, Mark Fleege sated that he is an artist, People that can't see visual pollution can't 1 see the forest for the trees. Why should Denton look like Harty Hines Blvd. He wants to live in a city with an aesthetic sense. He travels down Dallas Drive and the portable signs and banners are not are attractive, He can also look for an address in the phone book, To blame all business problems on signs is a lame excuse, When he was a sea captain, there were vessels that were grandfathered, They were phased out eventually and it was a good thing. The sv ine goes for signs. They should be phased out over time. People in his community are attracted to Denton because It is a nice place to live, Having an aesthicaliy attractive community is better than a Harry Hines, Business will continue, Denton shouldn't try to be Dallas or Carrollton. In 20-30 years being exclusive will pay off. Veta Marley stated that she has a business on Sunset and considers herself an artist. She has a beauty shop but that doesn't mean she can tell other people how to wear their hair, Signs are for businesses, Commercial property should have signs, it Is not a residential district, She has seen close calls from bad wrecks because people have to slow down trying to find Kentucky Fried Chicken, It's low sign cannot be seen by people from out of town, I A i F r,.': iii ~.~111`i~i7 _.W.yr✓ P&Z Minutes May 27, 1992 /yL~a~SL Page 15 David Bites, 2414 Sherwood, stated that he is the vice-chair of the Local Affairs Committee for the Chamber of Commerce. He regrets that the sign ordinance has become a lighting rod and he appreciates Mr, Robbins visiting with the Chamber and agreeing to help them sort through the issues. Denton doesn't have a Harry Hines mentality. Nobody wants that. A scope of reality is needed. An ordinance is a law, and a law is an attempt by society to do what is best for the community. Society changes and laws should change, Before anything is attributed to the Chamber, it should be signed by Chuck Carpenter, The Chamber wants to look at all the particulars but that would take forever so they are going to look at the highlights. The Commission's decision to let the Chamber come back with a recommendation after its July board of director's meeting is appreciated. They want to cooperate. An ordinance must be reasonable and must change to reflect the community, Ms. Huey asked what stand the Chamber took when it made a recommendation several years ago. Mr. Bites said that was the first significant change in the sign ordinance. The Chamber didn't know the exact form of the ordinance and it changed considerable after they made their recommendation, By the time the ordinance gets on paper it is a different creature. There is a problem with face change outs and abandoned signs. The law won't allow a face change so the sign becomes an abandoned sign and must be torn down. Even If face change out signs were allowed, the old Bonanza sign would be considered abandoned, It is a good sign structure and could be used, Ms. Huey asked if the Chamber supported the 1989 ordinance as they understood It. Mr. Bites said yes, Bob Powers, 1009 Kings Row, said that he is all for a Chamber of Commerce review but it sounds like the end of July before anything will be done. There are places that need face change outs now so that people can start advertising, Carl Martin, manager of KFC stated the sign ordinance has run the old owners out of business. They had to sell out to Corporate KFC, People cannot see the restaurants until they are past them. One problem is that air space Is considered part of sign so he cannot have a sign on his roof. The sign ordinance does not allow him to put up a sign that people can see. Mike Cochran, 6C9 West Oak, stated that he is one of the dilettantes that helped f "F. P&Z Minutes A/3 May 27, 1992 Page 16 draft the sign ordinance, It was not intended to put an onerous burden on business, It was an attempt to counteract the loss of businesses to other communities south of us. Our economic future is tied up with the way we look to the rest of the world, The Commission has heard a skewed version of the Chamber involvement. The original ordinance that was proposed allowed for 30'signs everywhere. The Chamber suggested the 6' monument signs. The Beautification Commission and the Government Relations Committee worked together on the sign ordinance. Disallowing face changes is a mechanism to speed up the effects of the sign ordinance. This has become a political issue wrapped up in the general dislike of government. Other communities that Denton would like to emulate don't allow face changes, The Commission has the authority to make decisions on how Denton will look in a few years. The Chamber survey indicated that the majority of the members were in favor of the sign ordinance. It has been demonstrated at the voting polls what people think about the sign ordinance also, Face changes is a political issue not a zoning issue. The ordinance recommended by the Chamber was more strict than the ordinance today and the Government Relations Committee participated in the rewrite of the ordinance even though it was not voted on by the board. He added h that he personally doesn't mind banners across the street. Slick Smith, Redwood Place, asked the Commission if they knew that the sign ordinance ran two of his competitors out of business. He has paid for permits for all of his signs and still has signs In storage that he can't do anything with. He can't bring in his signs to wash, clean, and maintain them. He wants Denton to look nice. He doesn't want to have dirty signs. He would like to be able to take them in for 48 hours for repairs. He asked if it is better to have a banner up for 90 days than a portable sign for two weeks, Being more flexible with portable signs would help the little man that is trying to do something special, Vice-chairman Kamman closed the public hearing. He said that the Commission will ' not be taking immediate action, They have heard a lot that needs to be considered, Mr. Biles is right that the ordinance is a lightening rod. Post sizes for stake signs should be considered and face changes as well as making permitting procedures more simple, banners full time, clarifying types of signs, setbacks and sizing, and portable f sign issues. Mr. Carpenter has asked for a delay until after July and the Commission has agreed to that but it should be investigated whether there are some more immediate needs, He is not sure that an entire rewrite is needed, There are some philosophical ideas that the Commission shouldn't lose sight of when considering what they would like Denton to look like down the road. 145 i f f1 F i P&.Z Minutes May 27, 1992 Page 17 i i h Bobby Jones stated that he had a problem a sign and fixed it according to instructions from City Hall. The next day he had to throw out a City employee who came in his store and caused a disturbance insisting that he go out in the rain and remove the sign and threatening him with large fines. Mr. Kamman said that the administration of the ordinance might be part of their i discu; sions. The Commission agreed to have a work session on June 10, 1992. i VIII. Director's Report Mr. Robbins said that staff will present a slide show at the June loth work shop. El en though there will be a long discussion on signs, he would also like to do i sctnething about visioning and comprehensive long-range planning which turned out to be Council's top priority when polled. i The Commission agreed to discuss visioning and comprehensive planning at the next meeting. Meeting adjourned at 8;00 p.m. l I r a7 Minutes ic PLANNING AND ZONING COMMISSION JJ' June 10, 1992 The regular meeting of the Planing and Zoning Commission of the City of Denton, Texas, was he,d on Wednesday, June 10, 1992, at 5.00 p.m. in the Council Chambers of City Hall. Present: Jim Engelbrecht, Ivan Glasscock, Mary Evelyn Huey, William Kamman, and Fran Morgan Absent: Judd Holt and Marvin Willis Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner; Harry Persaud, Senior Planner; David Salmons, Engineering; Gerald Cosgrove, Water/Wastewater; Cecile Carson, Administrative Analyst; and Donna Baker, Planning Technician! Vice-chairman Kamman called the meeting to order. i 1. Minutes It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht, and unanimously carried (5-0) to approve the minutes of the May 13, 1992, regular meeting. II. Consent Agenda Motion was made by Mr. Glasscock, seconded by Mr. Engelbrecht, and unanimously carried (5-0) to approve the consent agenda as follows: a. The General Development Plan 24.6259 acres located at University Drive and I-35, b. The preliminary replat of Lot 1, Block 1, of the Alvin and Charlotte Whaley Addition, plus approximately .588 acres of unplatted land. C. The preliminary and final replats of portions of Lots 7 and 8, Block 7, Alex j Robertson Addition. III. Consideration of acquisition of 1.825 acres at the Spencer Road Power Plant was withdrawn from the agenda. IV. Work Session, a. Sign Ordinance li C P&Z Minutes June 10, 1992 Page 2 Mr, Robbins reviewed the issues with the Commission and showed them slides of signs. He explained the previously existing amortization laws. Mr. Engelbrecht asked if damaged signs are required to be repaired. Mr, Robbins said yes. He read the definition of dilapiuated signs. Mr. Engelbrecht said that he would like to consider the regulations of the federal government concerning the flying of and condition of state and national flags. Mr, Robbins said that many of the proposed changes in wording to the sign ordinance are for clarification, Mr. Glasscock said that real estate signs should be allowed to be on 4" by 4" stakes, Mr, Robbins discussed bonus provisions and special exceptions with the I Commission, f The Commission agreed to discuss all the issues in a public hearing, i b. VisionsUng Range Comprehensive Strategic Planing Mr. Robbins stated that he has discussed different kinds of long range planning r4th Council. It is a thought process issue which the Commission may add to if they wish. The two kinds of long range planning are strategic and master planning. Strategic planing can be for any issue. Master planning provides a blueprint to follow and goals to achieve, The Denton Development Is an "ample of a master plan, Dallas and Plano both have master plans. l A master plan looks ahead 20 or more years. A strategic plan looks ahead 3- 7 years, In strategic planing, the scope, Issues, players and process must be determined. A mission statement can be developed. A goal or success element may be set out. A master plan is more complicated, Ms. Huey asked what the Council envisions. Mr. Robbins said that he doesn't know yet, He discussed core values with the Commission. i MINUTES Planning and Zoning Commission July 22, 1992 f j Present: Jim Engelbrecht, Ivan Glasscock, Dr. Mary Evelyn Huey, Fran Morgan, Melvin Willis Absent: Judd Holt and William Kamman i Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner, Karen Feshari, r Urban Planner, Tanya Cooper, Assistant City Attorney, David salmon, Engineering; Gerald Cosgrove, Water/Wastewater., Nona Garner, Parks and Recreation, ` Darlene Weatherly, Executivc Secretary Ivan Glasscock called the meeting to order. 1. Election of a Chairperson Pro Tempore. ~ r Motion was made by Dr, Huey and seconded by Fran Morgan to nominate Jim Engelbrecht Chairperson Pro Tempore. Motion carried unanimously 5-0. II. Consider the July 8, 1992 minutes. Correction was noted on page 2 concerning the preliminary replat of the Minter Addition motion and vote. The correction .;as made and a typewritten copy of the corrected minutes was handed out. It was moved by Dr. Huey, seconded ' by Mr. Willis, and unanimously carried (5-0) to approve the minutes of the July 8, 1992 meeting, as corrected. III. Hold a public hearing concerning the sign ordinance. No one was present to speak. Frank Robbins handed out the paper which the Chamber of Cov,merce will be presenting at the public hearing which will be held on August 12, 1992. Mr. Robbins recommended having a work session at that meeting to familiarize commission members with the issues and then have another public hearing, The Commission could begin consideration of possible amendments to the sign ordinance after the work session and public hearing. IV. Consider the final plat of Lot 11 Block 1, Lop 288 Addition, being a 69,035 square foot tract of land located at the / southwest corner of East McKinney and Loop 288. Staff Report: Ms. Feshari stated this is a tract of land which is part of a preliminary plat that was recommended for approval on June 24, 1992 which included Lots 1, 2, 3 and 4, Block 1 and a Comprehensive Pedestrian Access Plan. Also, on July 7, 1992, City council approved the rezoning of this tract from Planned Development district to the General Retail (Conditioned) district. In addition, the preliminary plat and Comprehensive Pedestrian Access plan were approved for I ?!ill ifSl)..__.._.~ Planning and Zoning Commission AT 117X / Minutes of August 12, 1992 Page 10 of 19 I the easement that goes back to the western edge of her property, which she did. Ms. Russell stated that she was hoping that Ms. Hicks can now regain her property. She stated that the mortgage company was making the requirement so that there is access to property. Ms. Russell and Ms. Hicks has spoke with Norma Gilbert, the property owner on the northside of Hicks Lane as well as a representative for Mr. Newton Rayzor. She said that she believed that the agreement for the property dispersement has already been worked out. Mr. Glasscock moved to approve the abandonment of Hicks Lane, as outlined. It was seconded by Ms. Huey and unanimously carried (5.0). I B. Carriage Square Shopping Center - Easement Abandonment Mr. Salmon reported the easements to be abandoned are utility easements. At one point in time they did contain live utilities though they do not at this time. He added that it has been well over twenty years since there have been utilities in { either of the two easements. He stated that when Carriage Square Shopping Center was built, a new easement was dedicated and the utilities were -clocated 1 at that time and the easements were not abandoned then. In the early to mid 1980's, the people that owned the shopping center, requested that the easements be abandoned. Staff started the process but for some reason the process was never followed through. It was now being requested again to abandon the easements. Mr. Salmon stated that staff recommends approval of the abandonment simply because there is a building on top of them which would make it impossible to use them as well as the fact that there are no live utilities in either easement Mr. Glasscock moved to approve the abandonment of the easements, as presented. It was seconded by Ms. Huey and unanimously carried (5.0). IX. Work Session I Discuss the sign ordinance and its current and proposed standards. Mr. Robbins stated that he would review what was in the back up and then walk through both the standards of the ordinance, as well as what was proposed in public hearings of the past. He stated if there are any questions he would like to stop and answer the question so that it would be more understandable to the Commission. I 1 z Planning and Zoning Commission Minutes of August 12, 1992 Page 11 of 19 Mr. Robbins stated that in the back up is a chronology of the sign ordinance showing that the sign ordinance is the single most discussed ordinance since 1969. He added that there has not been much of a break in the discussion about the ordinance and the standards that should be applied. i There are three attachments in the back up. One attachment has to do with staff recommendations of clarification and the third attachment has to do with substantive proposals. Mr. Robbins directed the Commission to page 13 (Attachment 1) of the tack up, fie stated that these were the clarification issues with which staff is recommending be changed in order to make the ordinance more understandable. Page 15 (Attachment 2), he stated, was a document that summarizes the ordinance t standards. Staff would use this type of document to simplify the ordinance to make it more user friendly. Page 17 (Attachment 3), began the substantive issues. He stated that the staff's recommendation is included with the back up for the substantive issues. Mr. Robbins stated that no city has the same sign ordinance. Though the regulations are somewhat the sam,; each city has its own ordinance. Mr. Robbins stated that Attachment 3 was substantive issues, as follows: 1. Pace changing or Grandfathering 2. Abandoned Signs and Supporting Structures 3. Calculating Effective Area 4. Banners 5. Ban Banners being over streets. 6. Temporary and Stake Signs 7. Signs on Interstate 35 { 8. National Flags 9. Sign Separation Mr. Robbins directed the Commission to page 55, "Miscellaneous Proposals", as j follows: 1. Allow portable signs to be removed from premises and returned within 48 hours. I i i I qq . i Planning and Zoning Commission Minutes of August 12, 1992 Page 12 of 19 i 2. Allow 48 hour temporary use of portable signs. 3. Treat religious signs differently. 4. Maximum size of sign up to 100 square feet where 60 square feet is now the standard. 5. Sign height should be a function of setback. 6. Allow 20 foot tall signs on streets where a 6 foot tall sign is now i allowed. 7. Allow signs on utility poles. 8. Separate "face changing" from other issues and deal with sooner. 9. Change the definition of a sign. Mr. Robbins stated that staff recommended no change to the miscellaneous i proposals that were made at a previous public hearing. Staff did recommend, however, that the clarification issues, attachment 2, be approved by the Commission on August 12, 1992 and that the other proposals be discussed and considered on August 26, 1992 or on a future meeting. Those issues include "face changing", abandoned signs and supporting structures, banners, temporary and i stake signs, signs on 1-35, sign separation where more than one sign is allowed and flags. I Mr. Robbins reported that the recommendations made by the Chamber's Local iWairs Committee (Attachment 4) were in the backup, He stated that the recommendations made to the Commission would also be made to the Council. He requested the Commission inform staff if the presentation to the Council could be altered. Mr. Robbins presented the Commission with a slide presentation from Lubbock as well as showing slides of signs in Denton. He showed how the signs related with the issues proposed by the Local Affairs Committee. Mr. Carl Anderson, 9 Rolling Hill Circle, stated that he was currently Chairman of the Board for the Denton Chamber of Commerce. He noted that he appreciated the fact that the Commission allowed the Chamber to submit recommendations. He turned the presentation over to David Biles. Mr. David Hiles, 2414 Sherwood, stated that he was Vice-Chairman of the Denton Chamber of Commerce's Governmental Affairs Division. He reported that the i I5o , I I i f ,i -'tom-- Planning and Zoning Commission Minutes of August 12, 1992 Page 13 of 19 Chamber's survey consisted of a proposition, background information, pros, cons, and an opportunity to respond. The survey was not given to just Chamber members but was made available to all who wanted to respond. Mr. Biles stated that the Committee was not asking the Planning and Zoning Commission or City Council to completely wipe out the sign ordinance. The r Committee consisted of architects, planners, contractors, builders, and individuals who are most directly affected by the ordinance. 'rhe Committee is asking for a certain degree of alteration of the ordinance. Mr. Hiles reported the survey consisted of five issues: 1. Face change out provision; 2. Abandoned signs provision; i 3. Banners anchored to buildings; 4. A new Temporary Sign provision; and 5. Signs on 1-35 East and 1-35 West. He, added that the Board of Directors passed a resolution addressing seven Issues. This includes the five above, in addition to simplifying the ordinance as well as calculation of effective sign area. On behalf of the Chamber's Local Affairs Committee, the following recommendations were made: 1) Face change out: Allow all present signs to remain and allow sign face to be changed (on conforming or nonconforming signs) provided that the sign does not become More nonconforming. As a consequence, the temporary permit requirement and the 1996.:onconforming sign removal deadline should be eliminated. 2) Abandoned Signs and Blank Face Option: Allow blank/neutral signs faces (allowing superimposing "Shop Denton First" or other community goodwill message) to be placed in sign structures to avoid problem of advertising non• existent business/event to prevent the sign/supporting structure from being deemed "abandoned". Also, allow blank faces to be put Into sign structures that are currently empty to bring 15f. 4 Y i ~l 4{ p. !1 Planning and Zoning Commission Minutes of August 12, 1992 " Page 14 of 19 I I them within this new protection. Blank sign faces should be installed In existing sign structures on or before a fixed date (six months from date of adoption of new ordinance); after adoption of the ordinance, blank sign faces should be installed in sign structures within six months of tenant/business move- out, In other words; "use it or lose it", { Mr. Bil,ws added that If the Commission chose to decrease the length of time to three months, it would be acceptable with the Committee, 3) B er ; Eliminate restrictions regarding banners (as distinguished from other wind devices) anchored to the building or business on-site (banners at the place of business; no effect on banners over public streets promoting community events]. I 4) TemWtaa Signs: Add new provision for "temporary signs" for purposes requiring more than a 'stake sign' but not a permanent sign, e,g, real 1 estate signs advertising large tracts of land, "coming soon" signs, "under construction" signs, etc. The proposed temporary signs would have to ; be removed after the advertised event end, i.e. the real estate was sold, the new business arrived, ur construction finished. Allow larger than 2" x 4" maximum supporting structure, 5) S, • of - J: Allow taller signs directly along Interstate 35. Sign height should be measured by the higher of the elevation of the property site or the elevation of 1.35 in front of the property. 6} S]Jglc t a ; The organization, definitions, and wording of the sign ordinance should be simplified in order that it can be readily understood by reasonable persons. 7) Calculation of Fffeclive 1-n r ; Effuctlve area of a sign should be calculated by measuring the dimensions of the actual face of the sign bearing the communicative design, and should not Include supporting structures, architectural features, or the plane oa which the sign face Is mounted or depleted. Mr. Engelbrecht asked if anyone else would like to make a comment during the I _ j Planning and Zoning Commission Minutes of August 12, 1992 Page 15 of 19 work sessfon. Mark Fleege, 1516 San Gabriel, stated that he did not believe that the acceptance of, or lack of acceptance of, the proposed changes would determine the amount ll of businesses that would choose to stay or leave Denton+ Denton would not "dry l up and blow away if the changes that the Chamber ask don't occur". He challenged the 168 people that responded to the Chamber survey and stated that he was unsure if all 168 lived inside the city limits. He asked that the Commission leave the ordinance as it is without making further changes since the visual I pollution was already bad In Denton+ F Joe Dodd, 1107 Greenlee, stated that even though 168 people responded to the survey there were even more people who believed the ordinance should be changed, This was shown by the 1000+ signatures that were on his petition, He ` added that there was a need for a revision to the ordinance and asked the f Commission to consider it+ I Bob Powell, 2815 Wilsonwood, stated that he wanted to talk about commonsense. He said the major clutter on University was from the utility poles and not from the j signs. He asked the Commission to amend the ordinance, Craig Minyard, 4004 Ambledde in Colleyvllle, stated that he was representing a new business coming to town. The business is scheduled to move Into the Carriage Square Shopping Center. He said that his business wanted to add the business logo to the current nonconforming multi tenant sign. He asked the Commission to allow face changes, Jimmy Brown, 524 Northridge, stated that property owners should not be penalized because of the ordinance, With the current ordinance, the owner of a multi-tenant center could not advertise a new tenant unless the sign Is made ij conforming, This prohibits tenants from moving into centers that they cannot i advertise at. John Cooper, 2120 Glengarden, stated that he was the current Chairman of the Keep Denton Beautiful Board formerly the Beautlfiration Task Force that was appointed in 1987 to review, among other things, the revisions to the sign ordinance. In the 1987 the Task Force was formed and forwarded Its recommendations to the Council in regards to the sign ordinance that was passed ; f 53 . 1+3.i +.++rWrpq it Planning and Zoning Commission Minutes of August 12, 1992 X511 ?A Page 16 of 19 in 1989, The Planning Department also worked with the Denton Chamber of Commerce, He said he would like to read a letter, presented to the Mayor, signed by the Chairman of the Board of the Denton Chamber of Commerce, the Government Relations Committee, and the President of the Denton Chamber of Commerce, The letter was as follows: During a special called meeting on January 16, 1989, the Board of Directors of the Denton Chamber of Commerce unanimously endorsed all proposed revisions to the City of Denton's sign ordinance, as recommended by the !Tanning and Zoning Commission, On behalf of the Board, we wish to commend the Beautification Task Force and City staff for their dedicated and tireless efforts on this project, We especially appreciate their cooperation with the Chamber's Government Relations Committee, Our Board feels very encouraged about the intent of these provisions and strongly advocates a consistent enforcement of this ordinance, Mr. Cooper stated that since he was a part of the initial group that took on the ordinance, he felt the sign ordinance approved in February, 1989 was a represented affair and in the view of the citizens of Denton, Mr, Cooper said on February 22, 1989, one day after the ordinance went Into effect, the Planning and Zoning Commission began to hear requests for amendments to the ordinance, He stated that though he was not in agreement or disagreement with all of the proposals he asked that the Commission allow the ordinance to remain to help In the beautification of Denton, Ms, Huey asked Mr. Cooper how he felt about the face change proposal Mr. Cooper responded that he felt it was a complicated issue and he, personally, did not have a comment, Mr, Engelbrecht thanked everyone for giving the Commission their input. X, Hold a public hearing and aonsfder amending the sign ordinance. Mr, Engelbrecht opened the public hearing, Mr, Robbins stated that staff did not have additional Information for the work i if Planning and Zoning Commission 1~5a~ Minutes of August 12, 1992 Page 17 of 19 i session and felt that If anyone else wanted to speak, in a more formal process, that it could be done at this time. Mr. Engelbrecht asked Mr. Robbins if he would restate staffs recommendations. RECOMMENDATION; Mr. Robbins stated that staff recommends the following issues, as stated in the backup, not be considered in the amendment of the sign ' ordinance; i 1. Portable signs be removed from a premise and then returned within 48 hours; 2. That a portable sign may be used as a temporary sign for 48 hours; 3. Separate the, face change issue from the other issues; 4. Treat religious signs differently from other signs; S. Allow signs on utility pules; 6. Signs that are required to be no taller than six feet be allowed to be + twenty feet tall; 7. The definition of a sign be changed; 8. Allow the effective area of a sign, which is currently allowed to be 60 square feet, be 100 square feet; 9. That height be a function of setback; and 10. That the Commission vote on these items tonight (August 12, 1992). Staff also recommends that the clarification issues be approved and that all the other Issues recommended by the Chamber be dealt with at later meetings. Mr. Engelbrecht stated that he wanted to vote on each of the three staff recommendations individually. ' RECOMMENDATION #i. Mr. Robbins stated staff recommended no change to items 1.10 listed above. SAVOR; Mr. Biles stated that the Chamber had no opposition to the staff recommendation. OPPOSED: No one spoke In opposition to the proposal, p CI O It was moved by Ms. Huey to not consider Items 1. • 10. 155. I i Planning and Zoning Commission Minutes of August 12, 1992 Page 18 of 19 I Mr, Glasscock seconded the motion and it was unanimously carried (4.0 with Ms. Flemming abstaining), RECOMMENDATION #2; Mr. Robbins stated that staff recommended that all i 14 clarification Issues, as presented earlier by staff, be approved (see attachment 2). He noted that for Item six, if the "banner" substantive proposal would deregulate banners and allow them without standards or for banners to be placed on buildings without limiting their number, size, or duration, the staff would not support this provision, Ms, Huey asked about item 6 as to the staff note that was attached, Mr, Robbins stated that this item pertains to downtown. Currently, the ordinance does not allow banners downtown but staff is currently not enforcing it because staff believes that it was Inadvertently left out of the ordinance, He added that staff will recommend a thirty day separation period between wind devices permits in relation to one of the seven substantive issues, i i Mr, Willis stated that he did not like item 13 (adopting a separate resolution that the sign ordinance should not be amended for two years unless for legal reasons or because state and federal sign law changes), IN-EAVOR: Mr. Blles stated that he, on behalf of the Chamber, he was in favor of almost all of the fourteen items, He was, however, opposed to items 11 and 13. OPPOSE Dt No one spoke in opposition to the proposal. DECISION: Ms. Huey moved to approve the list with the exception that the staff note on Item 6 be stricken, that item 13 be deleted, and that item 14 be labeled as a "working document only" with the actual ordinance attached to It. It was r seconded by Mr, Willis and unanimously approved (5.0), RECOMMENDATION #3; Mr, Robbins stated that all other items be discussed at the meeting of August 26, 1992. Mr, Engelbrecht stated that he would like to postpone the meeting until after the summer to provide for further input from the public, N F VO Mr. Bites stated that the Chamber was In favor of the proposals. 15c~ , i Gi 1 i. Planning and Zoning Commission ll ` 1D_, Minutes of August 12, 1992 ~S7 o? Page 19 of 19 OPPOSED: No one spoke In opposition to the proposal. Cecile Carson, Administrative Analyst for Code Enforcement, stated that her staff would provide the Commission with statistics relating to the number of wind devices currently in the city as well as the number of abandoned signs, She stated if the Commission would like further information, that she would be happy to provide it. CSI : Ms. Huey moved to approve the staff recommendation with the modification that it be considered on September 9, 1992. The motion was seconded by Mr. Glasscock and unanimously carried (5.0). XI. Director's Report. APA Conference, Austin • October 7.10. Mr. Robbins stated that the American Planners Association annual conference would be held this year in Austin. He stated that any Commissioner interested in attending should contact the Planning Department. Mr. Engelbrecht stated that he found the conferences very Informative and recommended any Interested Commissioner to attend. XII. Future Agenda Items. Projects and Briefings, Mr. Robbins reported to the Commission that In their back up was a list of current projects that the Planning Department was working on. He stated that this was just for the Commissioner's Information, It was moved by Mr. Glasscock, seconded by Ms. Huey and unanimously carried (5.0) to r adjourn the meeting at 10:14 p.m, pc/P&Z812 I S`~ . 1 Attachment 1 clarification issual Ierg 1. Authorize an applicant for a planned development district to utilize the special sign district regulations without meeting the 600 foot frontage requirement. ;2. Add additional standards for approval to the special sign district regulations relating to traffic safety and aesthetics. 3. Clarify in the PD section of the zoning ordinance the standards under which deviations from the general sign regulations will be approved within a PD district, as the same standards applicably to approval of a special sign district, 4. Add the definition of front yards Front yards An open, unoccupied space on a lot facing a street extending across the front of a lot between tha side lot lines and from the main building line as specified for the district in which it is located (the "building setback line"). 5. Add to the definition of wall signs Wall Sion means any sign, wholly affixed to, supported by, or painted upon t e wall of any building, and which is not a projecting sign. 6. Add wind daviau signs to the type of signs allowed in the c9Ds l' Ma, around, wall roof, stake, wind- device, projectinq signs are permitted In central business districts. STAFF NOTBt If the "banner" substantive proposal would deregulate banners and allow them without standards or for banners to be placed on buildings without limited their number, size, or duration, the staff would not support this provision, 7. Clarify language associated with removal of unlawful signs Notice and order. Any sign which is erected, located, or ialtag" re-- cs~eil in violation of this articln may be removed by the Building official as provided herein. The Building official shall deliver or send a written notion . e, Add definitions for collector, arterial, and freeway streets as shown on the Thoroughfare and collector, 9. Add the outdoor Amusement and Recreation (OAR) zoning district to the non-residential zoning district standards sections 15g , u 104 Create a fee of $75.00 for signs larger than two • (250) square feet, pndr~d_tifty /Am 11. Create a fee of $50.00 for special exceptions petitions. O 12. Add illuminated sign setback standards in residential districts, the same as for non-residential districts. 1.3. Adopt a separate resolution that the sign ordinance should not be amended for two years unless for legal reasons or because state and federal sign law changes. 14. simplification. Staff proposes to develop a separate document from the ordinance to summarize the ordinance standards, such as the chart attached as enclosure 11 and with detailed graphics explaining and showing the application of the standards. AXX00iCZ i I I' I I (lj(L I b1fMKJUf 0/' SIGN (M"INAWR ~ I , wnln *+A M w •w xw /rwr: rrw r~lef 1614111111111 A 01 maw rrwfolo rst! rr•f rrsew - » I I •r~rlrr• rNrw 491410109 elr eu rN _lw, IR:L ISA'MMIN r rr r ~ • M! M w r w r » ~er lPee s» Ise.v,..ra - T« Tee eo too 70 fS0 i N 10 » T« I« t« tt•• HM feet fe•t of frwtep fre•lepo. I feelge. w•ri - T« Ttl « Tee SO ls• i » IO » T« Fee He Fee ! por 000 so" pe OF Ove~- - red, fr•ri ' T« pee re T« is N f is 10 T« I" r« T« ! N/! Or rrlrq of of INwtel /ee NN f iH - T« Tee « Tee >e i• t ♦ 10 » to T« f•e 1M 1 te•t to" ~ •f Nye •t fi••lge. I t O.wN . 0/1 rye r/Il Tee MJ! Ate r/R Is 010 » T« r« r« r/11 l lit Is* at" f tfi0 r Is" rov"NM t e! • Portable •e e. N M r/A 75 - r/R rl+l 0/4 M we Toe e•f/e- w t10 M ee• f« tretlw ei/Itlw OYIll0+01 /I f7 require/ ! port+l• eArt.bl. ~.r..• illew/ rl•0 TN roe ee Tee */A II/t r/i M/0 f• » Yee fee Tnr e• 1 }wgriite i porAN• i Mvln ~~M ~ COW rw TV 1•eee Meft~ 10" !b•tlfl~ ntlwl { rte" w « is it r r p ht N le- red 00 w rrlLllM ' I ~ M I E f I l i F44, I NOW Now now t4 Of 11~t~ Tt►M w ►s1■e arrmwtve wimp ordtII MN"M wr MI= 1MO1R• ~ ww Ml/~ ■ 1111 ■ IN tt,L ■ A ■ ! ■ 1111 11 tN welbltd ►rejectleO ON Tee w Tee M/4 701 "In Ilat M/4 MIA w Tee VON •1 eMre wall not. _ .were Meet Y Tea M Tee 1111 N M/4 MT M. 1014 0/4 w Tee TN Tee well■!te~ et .terse Mall wee Tee as Ter I/4 MIA MIA 11/4 M/4 M/4 twe pee Teb It we erflMltd ' dp to were to" Ion. dare ue ~I) M - Moeleeetsal "at" If) A• - Mb-Meelbetlel "agog ill UMM =1 Mee-ceefeisr5 Led a" jOredfaBere4) fit) M/4 -Met awllee►le (5) 1 per 500' for ee-►rweteet f per 1500' for off-►ruelee- WIMP*w I i i i i i i ire i ATTACHMENT 3 Substantive issues 15. "Face Changing or Grandfathering" O ProRosals Face change outs Allow all present signs to remain and allow sign face to be changed (on conforming gr nonconforming sign) provided that the sign does not become more nonconforming. As a consequence, the temporary permit requirement and the 1996 nonconforming sign removal deadline should be eliminated. t Current Standards (a) It shall be unlawful for any person to place, locate, relocate, erect, construct, reconstruct, replace, renovate, repair, or alter any part of a sign, including the face or other integral part, or to thereafter make use of a sign for which a permit is required herein, without having first secured a sign permit from the city, except as otherwise provided by this chapter, The administering official or employee shall not issue a permit for a sign that does not comply with the requirements of this chapter, (b) it shall be unlawful for any person to make use of a sign required to be licensed b the state Department of Highways and Public Transportation as required by article 4477-9a, Tex. Rev. Civ, stat., except in accordance with a valid permit issued by the city. (a) A sig, hermit shall not be required to periodically change only the letters, numbers, or message portion of a sign if the sign is specificaV y designed for that purpose, such as, but not limited to marquee signs for movie theaters, portable signs with Changeable letters, billboards and poster boards designed for changing mu,sagea, and gasoline price signs with changeable niAbers, E=s signis represent significant investment which would be losh'J ashy businesses could not afford to replace signs *me signs are attractive even if they are too tall or large under the ordinance, Most sign ordinance complaints concern this issue, therefore, eliminating this provision may stop most ordinance complaints. This provision contributes to an idea that it is difficult to do business in Denton, =t if no time limit imposed on nonconforming signs, how will sign ordinance objective be reached? 11 i ~i 2 Existing sign clutter would remain. On*,;;of Dsnton.~s //4-92~ unique features may be then, that it has some at the most sign cluttered areas in the metroplex. The proposal. appears to be in conflict with Denton Development Plan and strategic plan goals. Discussion of AobraaahMs Carrollton allows face changing, but when a business receives a Certificate of Occupancyi its sign must conform then, A to ` year per sign temporary use permit with a 10 year tax abatement equal to the cost to remove the sign and other alternatives have been discussed, but have not attracted any oupport. It appears to staff that a majority of the council would favor allowing face changing. A decision in this area requires a balance between the degree to which aesthetic goals may be practically reached and thr real and perceived or political costs to reaching an aesthetic goal. Recommendations II It appears council and other community leaders have reached a 1 consensus on the balance. Staff therefore recommends approval 1 of the proposal. ~xxootooit ~ I I I i i I I 26. Abandoned Signs and Supporting structures commun1! a lt s (allowing superimposing "shop Denton First" or other comma y goodwill message) to be placed in sign structures to avoid problem of advertising non-existent business/event to prevent the sign/supporting structure from bein "abandoned". Also, allow blank laces to be g deemed ut into sin structures that are currently empty to bring them within this new protection. 81ank sign faces should be installed in existing sign structures on or before a fixed date (six months ordinance,ofbla ktisigrt! fnow ac srdshould afitar adoption of the structures within six months of tenant/business mov - ut.siIn other words, "use it or lose it." ~S'!nt standara ~ The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements: (1) If it is an abandoned portable sign, remove it within thirty (30) days of the date it becomes abandoned. does meet (2) hif it eight,isetback round andsotherhr quir ment■ of hishaarticle and is abandoned on or before June 1, 1991, the owner shall remove, modify, or relocate the abandoned sign by June 1, 2992, as is necessary to comply with the requirements of this article. If the ground sign does not most the size, height, setback, and other requirements of this article and is abandoned after June 1, 1991, the owner shall remove, modify, or relocate the sign within six (6) months of the date it becomes abandoned, as necessary to comply with the requirements of this chapter. (3) I Wth f a supporting structure used or designed ground sign is abandoned on or before Junes1,! 1991, and the abandoned supporting structure does not Y with he current size, height, and setback requirements applicable to ground signs, the owner of the promise shall remove, modify, or relocate the supporting structure by June 1, 19921 as necessary to comply with those requirements. If a supporting structure that does not meet the size, height, and setback requirements applicable to abandoned after June 1, 1991, the ownerround hall remove, modify, or relocate the supporting structure within six (6) months ofsthen date the suppoortingg structure becomes comply with those i requiremenco . In with determining Whether the iIeupYypp-,__11 r,. , FpTi able the size to ground signs, the effective area of the can, frame, or similar part of the supporting structure that holds or to which the sign is attached shall be measured in the manner applicable to signs except that all air spaces shall be counted. (4) Any abandoned sign or abandoned supporting structure not removed by the owner as required herein, shall be considered an unlawful sign and may be removed by the city in accordance with the provisions applicable to the removal of unlawful signs. (5) As used in this section, abandoned supporting structure means the poles, beams, cables, or other materialo that are used or once were used to support an abandoned sign. (6) if a ground or attached sign that conforms to the regulations of this chapter is abandoned, the owner shall either remove the sign and supporting structure so as not to be visible from any public right-of-way, or paint out or cover the message portion of the sign so as to leave the sign and supporting structure neat and unobtrusive in appearance, within ninety (90) days of the date it becomes abandoned. pUt Property owners sometimes cannot rent office/building space for quite a while in this economyt therefore, they should be able to preserve their investment in their signs by putting in a bland face until a new tenant arrives. =1 rf no time limit is imposed on nonconforming signet how will objectives be reached. Discussion of Agagoachest some of the comaunity0s most aesthetically objectionable objects are its abandoned supporting structures. They be seen as lass objectionable is they may have a face. Curvent standards age not now being enforced as staff awaits long term standards to be established. s if face changing is to be allowed, adopt the proposal. Additionally, require that the sign be maintained (or "fixed up") so that the resulting sign or supporting structure is not dilapidated. AxX001~0/4 Il~~ . 17. calculating Effective Area S~aicuiation n* rrr.r;tiye Sian Areas Effective area of (Oa aign 7- should be calculated by measuring the dimension of the actual structu communicative design, and should not inc face include the sign supporting bearing the real architectural features, or the plane on which the sign face is mounted or depicted. current c*andards Effective area means the area enclosed by the smallest imaginary parallelogram which would fully contain all portions of the sign when rotated horizontally around the sign. The effective area shall not include that portion of the su structure which is used solely for su p pportind which is not an integral part of the sign, o sucheasign and columns and cables, but shall include all decorative eor ornamental elements and features, borders, trims, or other materials or portion of the sign or supporting structure which is an integral port of the sign. See section 33-225 and 33- 226. See Enclosure 1. All signs on a single supporting structure shall be measured togethes~ as though they were one (1) sign to determine the total effective area, except that signs separated by more than thirt nches of sig sy shall3bi im asured aseparatelyt and added ttoget en the determine the total effective area, ogether to PXQs May provide an incentive for (or eliminate disadvantages to) monument type signs and embellishments around typical rectangularly shaped signs which may be viewed as more aesthetically pleasing than the typical rectangle pole sign. =s Would allow the structure which would be used for advertising to be, in the worst case, of an unlimited size, an inequity to other types of signs, and if abused, considerably more unnecessary and unattractive street clutter may occur. D.Jagmw i of As There may be advantages to looking at other approaches. (l) figThe ure ,,some signs may be shaped morelin the form ofha triangle, circle, or another regular figure whose area is easily calculated, a trapezoid for instance, (2) The current standard measures sign thickness and creates an advantage for multi-sided signs which have more than 1 i. ;t one face visible at one time. (3) The current sign ordinance does not spell out the miana~~ to measure the effective area of projecting signs (signs extending more than 12 inches from a building's wall) signs on walls or fences, or on canopies or awnings. (4) Other's regulations concerning effective area is Enclosure 2. Carrollton's graphics are enclosure 3. HeC2M ULOdA + 2„ _ i Kellywand Rasso s model ordinance, the current( standard an others. and (2) Eliminate the definition of effective area. (2) Add a sections computation of Effective Area. Effective area means the area enclosed by the smallest imaginary regular shape (eg parallelogram, triangle, circle, trapezoid) or combination of regular shapes that will encompass the extreme limits of the writl.ngl, representation, emblem, or other display, together with any material or color forming an integral part of the display or used to diffarentiate the sign from the. backdrop or structure against which it is placed, such as decorative or ornamental elements or features, borders, trims, but not including any supporting structure which is used solely for support of the sign, such as poles, columns, and oable, or decorative fence or wall not exceeding eight feet in height. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, shall be measured as the area contained within the outside dimensions of the background panel or surface. X JACK'S k OAAAQE r r: a) Sign copy mounted as individual letters and/or graphics against a wall or fascia of a building or other structure that has not been painted, textured or otherwise, altered to provide a distinctive background of the sign copy, shall be measured as the area enclosed by the smallest single rectangle that will enclose all sign copy. Where there are a number of sign faces or more than6 ns~ a~ sign on a supporting structure. one--Area of the single face only. 11 Two--If the interior angle between the two faces is 454 I or less, tits area will be the area of one face only] if i the angle between the two sign faces is greater than 45", the sign area will be the sum of the areas of the two faces. i i I i Three or more sides--The sign area will be the sum of the areas of each of the faces. All signs on a single supporting structure shall be measured together as though they were one (1) sign to determine the total effective area, except that signs separated by more than thirty-six (36) inches of air space at every point between the signs shall be measured separately and added together to determine the total effective area. Spherical, tree,-form, sculptural, other non-planar signs-The area enclosed by the smallest imaginary regular shape, or combination of shapes which would fully contain all portion of the sign when rotated horixontally around the sign. See sections 33-225 and 33-126. AUXIN/? ltG~, 1 1 1 F ~ ~ i ns r Enclosure 33,225 DENTON CODE Sea, 3317201 Effective, area- D The illustration for the effective area of ground signs is as follows: 14*,EFFECTIVE AREA GROUND SIGNS _ - f i TM~ Ur1~1,r1 AMA •r 416 4µr µ f10 ~ uwAA nev I (Ord, No. 891017, 4 XIX(App, H, Illustration 14s), 217189) geo, 33.220, >asaptlotse to effeotive area The illustration for exceptions to the e(Tootivs area of signs is as followes 14taNFF;CTIVE AREA eXC IONS sl 1 ~ 1 1 1 1 1 . 1 f '1 WILY0ee PROM ImaAUe/e ue IP 1V Ve ARIA I00ee11Y4 ARIA (Ord. No. 891017, 4 XX(App, H, Illustration 140, 217189) Supp. No, t i ro~:llnlBO_lr am= Effective Area Effective area means the area enclosed by drawing a rectangle extremities of horizonal and vertical scale, including linedraswnwhich fully contain all architectural of design the elements ements such astodecorative bordering, but calculatedivf om tthei viewoint supports. which measurements is to be rectangle of that kind as the gives the largest horizontally around the sign, viewpoint is rotated Arlfnaton - Sign Area (1) wall signal (a) sign copy a punted of painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as the area enclosed by the smallest single reotangle that will enclose the outside d+mensions of the background panel or surface, including sign trim or frame. (b) Sign copy mounted as individual letters and/or graphics against a wall of fascia of a building shall be measured by the smallest single rectangle that will enclose all sign copy. (c) sign copy mounted or painted on an illuminated surface shall be measured as the area enclosed by the smallest single rectangle that will enclose the entire illuminated surface and sign trim or frame. However, for a continuous sign band that is an integral part of the building architecture, the area shall be measured as the partipn containing the graphics of the sign. (d) sign :;oopy on awnings shall be measured as the area enclosed by the smallest single rectangle that will enclose all the copy on the awnings, Note that copy size on awnings is restricted by other regulations, (e) Multiple wall signs cumulative area sh&ll not exa ed the area pe at fthe or a single sign, The cumulative area shall be determined by the sum of no more than four (4) rectangles, each enolosinq an individual sign. 'I CITY COMPARISON ,EFFECTIVE AREA PAGE 2' OF 7 17i ~ a~ (2) Ground Signs: (a) The area of a ground sign shall be measured as the enclosed by the smallest single rectangle that will enclose the entire sign structure. F.XO_e2tions: The portions of the sign base within two feet (21) of grade need not be included in the area calculation for the sign. where special requirements allow the height of a base to be increased to four feet (4'), the base shall not be included in the area calculation of the sign. (3) Pole signs: (a) The area of the pole sign shall be measured as the area enclosed by the smallest single rectangle that will enclose the structure exclusive to the poles less than twelve inches (1211) in cross dimensional area. Exception: Any portion of any pole extending above the bottom edge of a sign shall be included in the area calculation for the sign. (4) Where there are a number of sign faces on a single sign, where no interior angle exceeds ninety degrees (906), the total allowable area shall be doubled and the square footage may be distributed among the various laces with no single side exceeding the original allowable area. (s) For spherical, free-form, sculptural and other nonplanar signs, the sign area shall be the sum of the areas using only the four (4) vertical sides of the smallest hexahedron that will encompass the sign, Brya r Area of Sign (1) Projecting and Freastanding: The area of a freestanding of projecting sign shall have only one face (the largest one) of any double or multi-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or two individual cabinets: (a) The area around and enclosing the perimeter of each cabinet of module shall be summed and then totaled to determine total area. The perimeter of measurable area shall' not include embellishments such as pole covers, frazinq, decorative roofing, eta., provided that there is not written advertising copy on such embellishments, (b) If the sign is composed of more than two cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy. f~ ii CITY COMPARISON EFFECTIVE AREA f ,i. m_.y.~......._ -PAGE 3 OF 7 (2) wall Signet The area shall be within a single, continuous /V perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall a■ the background with no added decoration, the total I sign area shall be calculated by measuring the area within the perimeter of each symbol or letter, The combined areas of the individual figures shall be considered the total sign area. Carrollton - sign Areas "Sign Area" is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of r each face. In the event two (2) or more sign faces share a { single structure, each sign face or panel may be considered separate for square footage purposes, provided that each sign or panel has no relationship to the other. Signs may be V- shaped not to exceed 45 degree angle and c,sn have only two (2) sign faces (enclosure 3). h Penton - Effective Area Effective area means the area enclosed by the smallest h imaginary parallelogram which would fully contain all portions of the sign when rotating horizontally around the sign, The effective area shall not include that portion of the supporting structure which is used solely for support of the sign and which is not an integral part of the sign, such as poles, columns and cables, but shall include all decorative or ornamental elements and features, borders, trine, or other materials or portion of the sign or supporting structure which is an integral part of the sign. See sections 33-226 and 33- 226 (enlosurs 1), All signs on a single supporting structure shall be measured together as though they were one (1) sign to determine the total effective area, except that signs separated by more than thirty-six, (36) inches of air space at every point between the signs shall be measured separtely and addedf together to detersim the total effective area, 1 Gainesville Effective Area (1) Effective Area, for Detached Signs (a) Effective area, for detached signs shall mean the area enclosed by the minimum imaginary rectangle of vertical and he)rizonal lines which fully contain all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally, A viewpoint for this projection is to be taken which gives the largest rectangle of that king, as if the viewpoint is rotated Ir7a , CITY cOKYARIsoN EFFECTIVE AREA PAGE 4' OF T horizontally around the sign. If elements of sign are moveable or flexible, as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. (2) Effective Area, for Attached signs (a) E ffective area, attached signs shall mean the stun of the encl singreeachf word mattached mtoi an rectangles facade. This definition shall also apply particular which are composed solely of words which identify a premise and which are attached to free-standing walls. Garlanj Sign (1) sign area, for free-standing signs,means the area enclosed by the minimum imaginary rectangle of vertical and horizonal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largert rectangle of that kind, as the viewpoint is rotated horizontally around the sign, if elements are moveable or flexible, such as a flag or a string of lights, the m4asurements shall be taken when the elements are fully extended and parallel to the plane of view. The sign area for the attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade, This Definition shall also apply to signs which are composed solely of words which identify a premise and which are attached to free-standing walls not over six (6) feet in height. Grans Areaprairies sign /Face (1) sign area/face-total possible display area of sign, excluding open spacaq and supports, unless they are designed to attract attentia».,' I r sign Area Measurement (1) Because signs displayed apart from a building are deemed to have a greater impact than those consisting of symbols attached to a building, a different method of measurement is provided for different types and combination of signs, (a) 'ty'pe A and B signs when used alone or in combination with each others If the sign consists of letters painted on surfaces without a background nsdistinguished by color sign internal lighting or enclosed in some type of painted or I~i3. i CITY COMPARISON EFFECTIVE AREA y~ PAGE 5 OF 7~~ seat _~~-~.-9,?✓ gned frame, then the allowable sign area for Type A j7 ye and Type 8 signs shall be the sum of the area o[ the re4tangles necessary to enclose each feature, symbol Utter, and number displayed on all expo•xsd sign message surfaces of the sign, if the sign lettering is enclosed in a painted or designed frame, or is in an area distinguished from the surface on which it is mounted by color,or if the sign is internally lighted, then the e doomed to be ntire area so lighted, colored, or framed shall be message surface shall area be of the considered sign, in determining All sign area, (b) Type A signs when used in conjunction with Types c or 0 signs s The allowable sign area for Types C, or 0 sigma shall be the combined area of exposure of all slyn message surfaces, if such sign consists of letters attached to a building, such sign message shall be deemed to have a surface area equal to the smallest square, rectangle or circle which can encompass all symbols, letters and numbers comprising the sign. (c) Types C, A, and F signs$ The allowable sign area for types Co D, and F signs shall be combined area of exposure of all sign message surfaces. Supports shall not be measured, except for type 8 signs where they shall be so measured. all sides of a multi-sided sign shall be calculated in arriving to an total area. If type C or attached consists the surface or symbols painted ckground distinguished by color or internal lighting from the support therefor or enclosed in some type of painted or designed frame, than the sign area shall be deemed to consist of only that portion from the bottom of the lowest symbol or letter or d~:•tnguishinq color at the top of the sign. (d) For all types of signs, allowable sign area based on the building or property frontages shall apply only to each receptive street frontage and sign area for all street frontages shall not be combined along one street frontage. Levisviite - ! sign Area (1) Sign areas The entire area made available by the sign structure for the purpose of displaying the advertising message, The sign area as defined, shall be used in determining the allowable square footage of signs. Lwahogx M Sign Area b 'i CITY COMPARISON EFFECTIVE AREA "7. 'PAGE 6 OF 7 (1) Si area: The area of any free-standing si n or shall be the sum of the areasencloseby the iminimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame but excluding any supports. Sign area for all other signs shall be the sum of the areas of the minimum imaginary rectangles, triangles, or circles which fully contain all words, numbers, figures, devises, designs or trademarks by which anything is made known. Siggn,,EEffective Sign Area-Measurement (1) Sign, Effective Area-Measurement- means the area enclosed by drawing one or more rectangles of horizonal and vertical lines which fully contain all extremities of the sign drawn to scale, exclusive to its supports. The measurement is to be calculated from the viewpoint which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. Plano - Gross Surface Area of Sign (1) T face of he "gross surface area of sign" is the actual area of the rectangle},e tsign, unless the rianq e# circle) shape. of Dina the ~oas* (square, oof an irregular shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area". In the event two (2) o;- more ~ signs share a single structure, each side or panel may be considered separately for square footage purpose, except that the combined footage of such signs cannot exceed the total scruare footage allowed for the sign. Siahnrdson - ~ Gross Surface Area of Signs (1) "Gross surface area of signs" shall mean the entire area within a single continuous perimeter enclosing the extreme limits at ''each sign, A sign having information on two (2) thesurfac" mWo4esl area located dbaas a ck ton hack. A rsigninhavthat ing ! information on three (2) or more surfaces shall be calculated of all portions and evaluated as a single sign. In the event that two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, providing that each sign or panel hss nu { relationship to the others, and that the combined area of such signs cannot exceed the total square footage allowed when evaluating a single sign. For signs so constructed where related portions are located on swparate structures or vehicles, the gross surface area shall be calculated as the sum of all portions and ovaluated as a single sign. Supports for class 5 signs less than six (6) feet in height and used as I l15- t i CITY COMPARISON EFFECTIVE AREA, PAGE 7 OF 7 an element of landscaping to determined by measurement ~o aa~~ single continuous lint enclosing the extreme limits of the sign, providing that such calculation shall not include planter boxes, screening walls, retaining walls, and similar impro•remtnts. Not Defined Kelly & Ration Modes - Computation of Area (1) Computation of Area of Individual Signs (a) The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by 'means of the smallest square, circle, rectangle, triangle, or combination there,)f that will encompass the extreme limits of writinq, representation, emblem, or other display to,.+*1er with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placid, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall i meets otheiseincid ntal to heodisplayeitseil~t~ations and is (3) computation of Area of Multifaced signs (a) The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces area placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces, t k h F? 1 ' „ y Enclosure 3 Carrollton 7 7 T- A f CONVENIENCE STOkE f W a 75% OF Z M = H x W CAN WALL SIGN H • HEIGHT GF M(l SIGN AREA Z W -MOTH Oi MtA.l~NlA/1t SIGH AREA - WAu ELEVA rai W0 jW M a YAXMM $MAN FUr M E 100 SGIMAt FW l5 1.F.'.YYiI. ~I ~I S. t Q I I I I .1 I I I li i 1 RESTAURANT I I W < 75% OF Z M H x W AWNING WALL SIGN 1 H • HEIGHT OR MEASURABLE SIGN AREA W • VOTM Of MEASiWAIU SIGN AREA 2 r WALL ELEVATION MOTH M MAMMLMA MAN MT k{ t 200 SOWRE FUT 16 ]list f3 ~i i79 a~a ~ o 1 w I H GAPS AND FOOD E I r i J W S 75% OF Z M = H x W WALT. SIGN INDIVIDUAL LETTER H . HEIGHT 0/ MEASURANU SON AREA S W ■ 1MOTN OR MEASAAMA S*t AREA 1 r WAIL ELEVATION 0014 M r MAXIMUM SCUMS RET M 1200 SOUARK MY ' ar )Igo qq ,I j a MOM'S DONUT H X PALACE M = H x w MONUMENT SIGN w : MEASUR ~io w1111'I' SW jr OF X . MAXIMUM HOW OR SKiN xA3MY M r MAXIMUM SQUARE W M s W SQUARE MY 28 1801 1 /r5 ~Y rv? I 1.40 w MOM'S , DONUT H X PALACE W W I W i W W i i W) W i i y W 14 %vil ~L _ r~ =y WI W iW E~3'MAX I M H x W MONUMENT SIGN/GERM r H . MEASSUURRAAI.E yHFJGMIT OF SIGN AREA X M~A~IJkM HT OF ~yO QN AREA X 6 FEET E PLANTER OR LANDSCAPE BERM M MAXIMUM SWAN FEET M j 60 $MAN FELT i 29 T-~ ~ k Ii w , F I MOM'S X DONUT " L x PALACE R I LT E=YMA% ►~=Hxw E MONUMENT SIGN PLANTER r N wa MEASURABLE HEIGHT Of SIGN AREA X . MAXIAllJA1pIT 11HH~ GN AREA X S e FEET E • PLANTER OR LAWSWE BERM M MAMMUM SQUARE FEET Ml d0 SQUARE FELT 30 I E ~..2J 'N ROD'S RETAIL CENTER ANNELL'S ALTERATIONS CLIFF'S COOKING TO GO JOEY'S JEWELRY PAT'S PIZZA H x HAMIO'S HAIRCUTS LOWS LOANS AVAILAEILF I i 1 I i M = H x W MONUMENT SIGN/MULTIPURPOSE H MEASURABU HEIGHT Or SIGN AREA W + MEASURABLE MOTH OF SIGN AREA X + MAXIMUM HEIGHT OF SIGN X S e FEET M + MAXIMUM SQUARE FEET M S 100 SOUAK FEET 31 !63 , w w MOUNTAIN STAN'S PLAINS H SOFTBALL SHORE CITY CENT ER x I M = H x W I J I POLE SIGN j H r HEIGHT OF MEASURAIIII.E SICK AREA W . VAOTH OF MEASURAKE SIGN AREA X S HEICH 20 FELT SIGN M a MAXIMUM SOUARL FELT M A EO MARC FEET I 32 i ~B4, I 1 el w W--m~ Ida MOUNTAIN STAN'S PLAINS VILLAGE SHORE MARKET CENTER H CONVENIENCE STOKE BETTY'S BEAUTY SHOP FOOD MA LEROY'S LIGHTS NG 00 oe 00" X SPOR m mo f"%" OM" LOAN ALL Of"" Muf AM sou m Awn mm I i i M = H x W POLE SIGN/MULTIPURPOSE H ■ HEIGHT OF MEASURABLE SIGN AREA W ■ WIOTH OF MEASURABLE SON AREA X + HEIGHT OF SON x t 20 FEET M ■ MAXWUM SQUARE FEET M E 100 SQUARE FEt 33 { 85 • fl 1 i BIG OSEY MAL VALLEY TRAVEL THIS WAY MALL ' TAN ME BILL'S BUTTONS CLIP ME SAM'S SOFTWARE FEED Alf HAROLD'S HAJIOWARE omm 3$5-1Za4 WASHATERIA x I i I I r H X W f l PYLON SIGNS /MULTIPURPOSE H r MEASURAULE HEIGHT OF S1QJJ AREA W 0 MEASURABLE 1MOTH OF SIGN AREA X • MAXIMUM HEIGHT OF SIGH X t 10 FEET I M MAXIMUM SQUARE FEET I M [ 100 SQUARE FEET 34 ~ I OLO 11 i i i W FOR SALE H + CONTACT COTT-CHAfS REALITY X I, SNOEM 555-1234 I FOR LEASE ' CONTACT H 0077-CHAfS X + RCAU rY i i H H M H x W GROUND SIGN/SINGLE USE H r MEASURAW HEIGHT Of SIGN AREA W MCASURAK9 WIDTH OF SIGN AREA X r HE10HT Of SIGN ( X S 20 FEET M r MAXIMUM SQUARE FEET M s 31 SQUARE FEET 35 I %,'4.i'15t1 4 s~ i Y ld All Gam' ai Y" Y LAKEVIEW a FD EVELOPMENT /#0001 ENJOY LAKESIDE H LIVING IN CARROLLTON X DEVELOPED BY GOTT-CHAES REALITY + LOTS FOR SALE ' 1 CONTACT PAT U. GOWN A 55S-12J4 ~I M H x w I F UND SIGN/MULTIPURPOSE "IrASURAKE' HEIGHT OF SION AREA v tASURAW 'MOTH Of SIGN AREA X + AMOHT Of SIGN M : MA20 FEET A " SQUARE FEET 36 I8y , I .1 2 BLDG ID SIGN PROJECTING SIGN FALSE FRONT WALL SIGN CANOPY SIGN AR _8U1__N HANGING SIGN a ~ 0 il1 , o r- (Ala 0 0 "11 m 0 DIRECTORY SIGN SANDWICH BOARD SIGN =1 rn f PROJECTING SIGN 02. MONUMENT SIGN s, Y trt f t 01 "Ilk i 14 JL_ 1 1j ti !i Enclosure 0, Tempe, S,10, Area: "X~ A?e C/ r a, Sign area will include the areas of all 7 gym.permitted signs. The only :;;~aptivr,+ ar: directional signs assisting in the flow of traffic, street addresses or signs necessary for safety (e.g., stop engine, no smoking) that do not exceed two square feet in area. b• A sign having more than one components *.q., a service station identification/price sign combination on a monument base, mountel on the sat;,j surface, the sign area will be the are, of the smallest rectangle that encompasses the several components of the sign. i c•. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructer) as a background for the sigqnn copyt shall be measured as the area c:on=d within the outside dimensions of the back ground panel or +urface. x f JACK'S OARgAGE y d. sign copy mounted as individual letters and/or graphics against a wall or fascia of a building or other structure that has not been painted, textured. or otherwise altered to provide a distinctive background for the sign copy, shall be measured as the area enclosed by the smallest single rectangle that will enclose all sign copy. j , Y f enk I as - l~l y, e. sign copy mounted or painted on an illuminated surface or illuminated architectural element of a building, shall be _Mmewmeasured as the entire illuminated surfaca or illuminated architectural element which contains sign copy. Y eo -a-eeo y f. Where there are a number of sign facess one--Area of the single face only. Two--If the interior angle between the two faces is 431 or less, the area will be the area of one face only= if the angle between the two sign faces is greater than 450, the sign area will be the sus of the areas of the two faces. Three or more sides--the sign area will be the sus of the areas of each of the faces. spherical, free-torn, sculptural, other non-planar signs--sign area will be the sus of the areas using • only the four vertical sides of the smallest cube that will encompass the sign. - 89 - 'I ii MIND csvrcas An 8]IIIDraRS Prooosalr Eliminate re,atrictions regarding banners anchored to the building (this proposal involves banners used by businesses at the place of business; it does not involve banners over public streets promoting community ev,ants). This proposal separates banners from other wind crevices. current *andardsr A permit for each wind device such as banners, flags or inflatable devices. The permit is pennants, and three permits allowed per year (3 banners er good for 30 days, days/year). P Year for maximum of 90 Pros Banners are effective advertising for temporary purposes, i.e. special promotions or sales. If you have more than three promotions per year, you're out of luck. Man head y promotions are scheduled by national quarters, and the local store owner has no control over fulfilling national sales promotions. Also, banners anchored securely to the building won*t flag in the wind and become ragged. Cons Banners become unsightly if not maintained. Some that are anchored to the building become loose after being up for several weeks. Some object to banners under any circumstance. The longer a wind device remains out in the wind, the more tattered and "tacky" it becomes. This proposal would be one of the loosest in the metroplex. + r Discussion of Ann oa hess ' Failure to obtain wind device permits, or remove them once the permit + has expired is one of our most common sign violations. i The original purpose of this standard was to allow special, short-term events to be advertised with wind devices. Are 90 consecutive days of advertising really for a sn•,6y event? Some communities required 60 or 90 day separations between banner permits. Some communitiep regulate by the size of the banner. see enclosure 1. Some com witio# allow banners but not other types of wind devices. The proposal would -separate banners, wind devices with messages on them anchored on buildings, from other types of wind devices, such as balloons, pennants, streamers, banners not on buildings and flags. The current standardo are among the most liberal of the surveyed cities. (see enclosure 1), Staff Recommndat l++s Add to the current standards a 30 day separation between permits. lq3. a+, • A''.I. 1 4 1 ~Z 8A M RN oVIR sTRZATa lel 0. Proposal: Bari banners being over streets. Current Standards Annual community events only may be advertised over streets. Pros Street banners are tacky and unattractive. They fall down in the street. They require the utility department to place them up so that no damage to utilities will occur. g Many community-wide events advertise on banners. These types of banners are seen as attractive. Discussion of approaches In the past, banners over streets were allowed only with the approval of the Council. Staff Recommendation Staff makes no recommendation. } AXXOOID2/2 r 1 Enclosure i CITY RIGUTATIONA " /_L10 FOR RAMRA/P9NI1 W#/WIND DEVICEA ~►4.4iloII - Addison does not separate banners and pennants. These are lumped together and called "Sign Devices". Arlington - Does not allow any type of wind device. Dim - Banners exceeding 6 sq. ft., pennants and festoons (streamers) are each defined separately. These are prohibited in all districts. i i Carroll toss - { follows ur types of banners, as defined, are permitted as { 190rand Opening$@ - allows banners, pennants, strinq pennants 2z streamers for 2 weeks within 90 days of issuance of a certificate of occupancy. OlCominq Soon/Constructionlf - allows banner gr ground sign for the duration of active building permit. 018pecia1 occasion„ - allows banner 2K ground sign three times per year at 30 days each with a 90 day separation between permits. "Cbaage of Eusiness" - allows a banner advertising the new name only for a maximum of 90 days over the existing sign. Gainesville - Doom not separate the regulations for banners, pennants, etc. They w* regulated as followat each business is allowed 3 permits per year for 14 days each, with a 90 day separation between permits. Does not separate the regulations for banners, pennants, etc. They are regulated as "wind devices" as follows: All wind devices are allowed with a permit. Permits are limited to 3 per year for 60 days each. There must be a 60 days separation period between each permit. IqS, ii ct'a Pla..___---.._ .City Regulations P;C;16EiIt©m___ w Banners/Pennants/Wind Devices Page 2 Hurt Banners, pennants, streamers, etc. are not regulated. I r1evisvills - Banners are the only type of "wind devices" allowed. They are not regulated if they are less than 100 sq. ft. I~ yubboo- only banners, pennants, and searchlights are categorized as "temporary signs". Temporary Signs are allowed for a period not to exceed 16 days for "Grand Openings" only. All others are prohibited. x0ginnev - Banners, pennants, etc. are categorized together and regulated I as follows: Businesses that are food service related businesses are allowed an unlimited number of banners throughout the i year. All other businesses are limited to 3 permits per year for 30 days each. Plug - Banners and pennants/ streamers are individually regulated. Banners are limited to two per business but must be flush with the wall. No banner can be displayed for more than 30 days at a time. All other pennants/streamers are prohibited. Aiabardson " Banners, pennants, streamers, flags, and balloons are regulated together. They are regulated as follows: a Swinisses are allowed 4 permits per year. The first permit is valid for 21 days and the remaining 3 permits are valid for 14 days each. Th6 size of the banners are limited to 1 square foot of banner for each square foot of building area up to 200 square feet. anners are allowed it on the building. All others are prohibited. WOW" 1 ~ to . }21 {S [I 20. TEMPORARY AND STAKE sTGNS Pro sale Add new p~_ provisions for temporary signs for/ y4~ Purposes requiring more than a 'stake sign, but not a permanent sign. e.g. real estate signs advertising large tracts of land, "coming soon" signs, 'Gunder construction" j signs, etc. The proposed temporary signs would have to be ` removed after the advertised event ends, i.e. the real estate was sold, the new business arrived, or construction finished. Allow larger than 2" x 4" maximum supporting structure. Current Standard: "Stake signs" have 2 x 4 maximum size for supporting stakes. Stake signs are defined as signs placed in the ground eq. by "pushing, pounding, hammering or forcing it ' into the ground by hand. to allow quick and easy placement, r removal or relocation." Temporary type signs are not required to be temporary, Z= There is no current provision for these signs that are often vital to selling property or advertising now development. Some temporary signs need stronger supporting structures. cps: Allows stake sign supporting structures to be larger , than the current Stake reigns. This proposal may violate the legal principle of content neutrality. Discussion of Approaches conceptually, the proposal solves a problem of stake signs being used as permanent ground signs. Most communities that ware surveyed regulate temporary signs and further violate content neutral principles by regulating by the content or type (eq. real estate or construction) of temporary signs (see attachment S). f • k:a~ar~Y'i ii Y. Ij 21. SIGNS ON INTERSTATE 35 Proncsals Allow taller signs directly along interstate 35. Current Standard Current height limitation is 40 feet. pros Travelers along I-35 need advance notice of a business in time to take the exitt current height limits don't allow the traveler to see the sign in time, they miss the ex itt, and business is lost. Con; Increases sign clutter. Current standards are consistent with other metroplex cities. 2"cussion of Approaches: Texas Department of Transportation standards are 42 1/2 feet measured from the main interstate lines. This allows taller signs at overpasses, but shorter signs at underpasses. The view of a sign that is along side an interstate, as seen from a distance away from an over/underpass or flat stretch is the same. The proposal does not suggest how much higher is high enough. A good deal of time was spent on this standard between 1984 and 1991. Staff Reaommendation No change. • I 1 AXX00103/2 l98 . JIll. 22. NATIONAL FLAGS Proposal: Allow up to six state or national flags per premix without a permit and with no height or size limit premise. Current standards: i (1) State or national flags. No permit shall be required to display one (1) national or one (1) state flag, or both, on any one premise. If the exempted flags are displayed on flagpoles in the manner of a ground sign, the number, height, size and spacing requirements applicable to ground signs shall not apply, but the flags and poles shall maintain the required setbacks for ground signs. (2) Premise identification flag. No permit shall be required to display one (1) flag on one (1) premise that identifies the person, organization, or business, or displays the logo, trademark, emblem, slogan, insignia or similar identification of the owner or occupant. if the exempted flag is displayed on a flagpole in the manner of a ground sign, the number and spacing requirements applicable to ground signs shall not apply, but the flag and poles shall maintain the required setback for ground signs. The exempted flag shall have a maximum effective area of fifty (50) square twt and a maximum height of thirty (30) feet, unless it is used on the same flagpole used to display a national or state flag. Prose This would allow the six flags over Texas layout. Displaying six flags may not be aesthetically objectionable. { Cons: State law for the Texas flag state that it "should not be used in any form of advertising." D gcussion of Alts=Stives If its okay for flag of countries, why isn't it okay for other flags? Staff Aecoismandation Staff makeis no recommendation. I ' I t !qq , r, k~ 23. SIGN SEPARATION D,io Proposal: Where more than one sign is allowed on a premi along a street frontage (where there is 500 feet of frontage), decrease the distance which separates the signs from 400 feet to 60 feet. PAR; Enables greater flexibility without detriment. Cons: Enables sign clutter on a premise. Discussion of Alternatives 60 feet separation appears to be a common separation standard, elsewhere. Staff Recommendation I The proposal is a 'staff recommendation i 1 r I i i I I I WOMEN i Attachment 4 DENTON CHANGER OF C01@MRCE - LOCAL AFFAIRS COMaTPSa R iDATION To CHANGER BOARD OF DIRECTORS o o ,t o?94/ RWWMING SIGN ORDINANCE REVISIONS Q PREFACE The Denton Sign Ordinance has been the subject of intense debate in our community for years and was a hot topic in the recent City Council campaigns. After the election, the Mayor proposed revisions to the face change out provisions, and other Council members have expressed an interest in a limited revisiting of the ordinance. Given this implicit green light, the Chamber0s Local Affairs Committee has discussed many aspects of the Sign ordinance on a weekly basis since May 21. This was not a comprehensive review nor intended to be an tend-all* resolution of all sign issues. Rather, the Committee hit some high points that, if the Committeets recommendations are adopted, should defuse an overwhelming number of complaints about the ordinance. ` As noted in the backup materials, a survey of opinions on five recommendations together with These two five issues additional aissuesotaken upinbto the Committee. It is important to understand that these recommendations a" .of general principles; the Committee has not attempted to "write' the ' ordinance. We properly leave the technical effectuation of these principles to those charged with that duty. l RBCOMMNMTXOKB THE AD HOC MENHERSHIP OF ENTON AFFAIRS COMMITTEE KECOMMDS TO CHAMBER OF CDIRECTOETO LOCAL, FOLLOWING REVISIONS TO THE DENTON SIN OORDlI~NANCEs OF DIRECTORS THE (1) ~'a~e Ch ncl~ Ou•~,= Allow all present zigns to remain and allow sign face to be changed (on conformity 2r, nonconforming- sign) provid.-d that the sign does not become r the temporary permit r nonconforming. As a cansequen~e, removal deadline should be eliminated. the 1996 noncontorminq sign 1•w (allowi at timposinq "Shop DentonAllow First" o/r Bother scommunity gfo'Ddwill adwrtlsai g*) to be placed in sign structures to avoid problem sign/ ng non-exi~tent business/event, to prevent the supporting structur from being deemed "abandonedO. Also, allow blank faces to be put into sign structures that are currently empty to bring then within this new proteotioa. Blank sign faces should be installed in existing sign structures on or before m fixed date (six months from date of adoption of now ordinance)? after adoption of the ordinance, blank sign faces should bet-installed in sign structures within six months of tenant/bu-sinesa move-cut. In other words, Muse it or lose it." aa~ . 1 1 if izinatt ( 3 ) ff~Mther iwind dsvlcos)ianchor~ o 'din hog bu3jd (as dist,tngulshed sits (harmers at the place of business; no effect on bannerasisover public streets promoting community events]. r!a (4) TO'00rarV Sian. t Add now provisions for "temporary- -sigt~is,__ _f~yraA/~ purposes requiring more than a 'stake sign' but not a sign, e.g. real estate signs advertising large tracts of land, "coming soon" signs, "under construction" signs, etc. The proposed temporary signs would have to be romovcri after the advertised event ends, i.R. the real estate was sold, the now business arrived, or construction finished. Allow larger than 2" X 4" maximum supporting structure. (g) 5iaas on r-,s= Allow taller signs directly along interstate 35. Sign height should be measured by the higher of the elevation of the property site or the elevation of I-35 in front of the property. (6) simn71R1,..«~~,~_ The organization, definitions, and wardin t sign ordinance should be simplified in order that it rata be readithe ly understood by reasonable persons. (7) Calaulat<en of Eff ctly Sign ArMa's Effective area of a sign should be calculated by measuring the dimensions of the actual face of the sign bearing the communicative designo and should not include supporting structures, architectural foaturQs, or the plane on which the sign face is mounted or depicted. Recomm oat o a o p by tated votes of consensus oet•July 9, 1992. David k. elks; Chai Chamber Local Affairs Committee 1 r. a Planning and Zoning Commission u7 Minutes of September 9, 1992 J Page 18 of 25 ~aa added that the applicant has agreed to comply with the thirty feet one way or the other. The applicant's objection to the cul-de-sac is due to the fact ! that the trees would have to be removed. h F Ms. Huey asked if the cul-de-sac was built, who would be the owner of the property. Mr. Salmon stated that it would be on the adjacent property owner's land, the Grants, but that the applicant has stated that they would purchase the land. I etitioner: William Kernek, 912 Chiquita, stated that he did not want to i kill the trees and felt there would be other alternatives, rn_ Favor., Becky Grant, 3004 Destin, stated that she was the adjacent property owner and that they did not have a problem with the proposal. D sed: No one spoke in opposition to the request. M Recommendation: Mr. Salmon stated that staff recommended approval to variance request number one but recommended denial to the second request. Mr. Cochran asked what type of vehicles would need that large of a turning radius. Mr. Salmon replied that fire trucks need 114 foot outside diameter for turning their vehicles. Mr. Robbins added that after talking with the Fire Department, a 40 foot radius was sufficient for all of the trucks but a pump truck which would need 114 feet as stated by Mr. Salmon. Mr. Engelbrecht closed the public hearing. Variance R~uest #1• Mr. Cochran moved to approve the first variance request. It was seconded by Mr. Cooper and unanimously approved (7.0). Variance Request # Mr. Cooper move(' to approve the variance request with the condition that there be a minimum thirty foot right of way to allow r or access. It was seconded by Mr. Engelbrecht and the motion passed VIII, Hold a public hearing and consider amending the sign ordinance. Mr. Engelbrecht opened the public hearing. X03. :t s~ Planning and Zoning Commission ' - = Minutes of September 9, 1992 Page 19 of 25 Mr. Robbins showed the Commission a slide presentation in regards to possible amendments in the ordinance, , The Commission agreed to have staff present each of the nine issues and give their recommendation. Face Changing: Mr. Robbins stated that it appeared that the City Council and other community leaders have reached a consensus on the balance and therefore, staff recommended approval of face changing. Abandoned Signs and Supagrting Structures: Mr. Robbins stated that if face i changing is to be allowed, to adopt the abandoned sign proposal. Additionally, require that the abandoned sign and supporting structure be maintained (or "fixed up"') so that the resulting sign or supporting structure is not "dilapidated". The proposal asks for six months to make use of the abandoned sign or supporting structure. Mr. Engelbrecht asked if the six months pertained to six months from passage of the ordinance or from the time the sign became abandoned. Mr. Robbins recommended six months from the effective date of the ordinance. t Mr. Engelbrecht asked what the time limit would be for signs in the future. 1 Mr. Robbins stated six months from the date that they become abandoned (which would be after six months of non-continued use). Mr. Cochran asked how many abandoned signs there were. Ms. Cecile Carson, Code Enforcement, stated that there were 142 :,igns on primary and secondary arterial streets. Mr. Willis asked how long a non-conforming sign's face could be changed. Mr. Robbins stated forever, as long as the sign does not become more non-conforming. Effective Area. Mr. Robbins stated that alternatives to the current standard of measuring the effective area are: 1. Regulate monument signs as a new class of ground signs. This would include define a monument sign. 2. Allow larger effective area, as follows: S a n f! . Planning and Zoning Commission Minutes of September 9, 1992 Page 20 of 25 "Multiple Tenant Sign" and One Street Fronta Ye Larger for Two Maximum ~ Effective Area Signs Height Local, collectors, and secon6dry arterials 60 sq. ft. 60 sq, ft. 6 ft. Primary Arterials 100 sq. ft. 150 sq. ft. 12 ft i i Loop 288 200 sq. ft. 250 sq. ft. 15 ft. IH-35 300 sq. ft. 400 sq. ft. 20 ft. 1 3, Eliminate the definition of effective area and change the co;nputation of effective area using regular shapes. Change the method of measurement l' of structures with multiple faces. 4. Decrease the 600 foot standard for qualification for a Special Sign District M to 300 feet. Banners on Buildings,, Mr. Robbins stated that the current ordinance limits wind device permits to three per calendar year for a period of 30 days each permit. With the current standard, and if the permits are used both at the end of the year and the beginning of the year, a business could make use of wind devices for a period of six consecutive months. He said staff recommended no change to the current standard with the additional restriction thzt there must be a thirty day separation period between permits. Banners Over r ets,. Mr. Robbins reported that this was a Council initiated item. Staff made no recommendation to this item. Temoorary and Stake SienL, Mr. Robbins stated that this was a Chamber initiated item and that staff recommended approval, noting that it may be subject to successful legal InuP Inge. Si ns o Interstate 35: Mr. Robbins stated that the proposal would Le to allow taller signs directly along I-35 and that sign height should be measured from the mahi lanes of I-35 or the ground below the sign, whichever is taller. Staff recommends no change to the current method of measurement. aoC . ii 1{ Planning and Zoning Commission Minutes of September 9, 1992 Page 21 of 25 ~1O3"~~..22f1 National Flags: The proposal is to allow up to six state or national flag premise without a permit and with no height or size limit per premise, Staff makes no recommendation. Sign Separation: Mr. Robbins reported that this was a staff recommendation. The proposal refers to when more than one sign is allowed on a premise along a street frontage to decrease the separation requirement from 400 feet to 60 feet Carl Anderson, Chairman of the Denton Chamber Board, stated that on behalf of the Chamber of Commerce, David Biles would provide the Commission with the Chamber's position. David Biles, Vice Chairman of the Chamber Board and Chairman of the Local Affairs Committee, statr.--J that on behalf of the Chamber, they did clot intend on gutting the ordinance, He stressed to the Commission the current problems with the ordinance as well as the economic times that were adding to the current problems. Mr. Biles informerl, the Commission that in regards to abandoned signs and supporting structures, if the Commission felt the time needed to be shortened, the Chamber would understand and that it would be acceptable with the Chamber. Mr, Cochran said that in the past when he, along with the Beautification Committee, had worked with the Chamber on amendments to the ordinance, the Chamber had endorsed the amendments. He asked why the Chamber was no longer endorsing previous amendments. Mr. Biles stated the if the Chamber did not do a resolution, then it was not endorsed. k Favor., Mark Fleege, 1516 San Gabriel, asked the Commission to stand up for the ordinance and allow it to remain unchanged in order to existing clutter. help remove the l Opposed: Joe Dodd, 1107 Greenlee, stated that he was happy to sea possible changes in the ordinance but added that he did not feel the proposed amendments went far enough, He felt there were other areas that needed to be loosened further as well, Jimmy Brown, 524 Northridge, asked the Commission to allow face changing and temporary signs. He stressed the need for both In the community as well as the financial hardship that it has caused to businesses. us 4 i tZ i 0 PhInning and Zoning Commission __._1'r~ _ Minutes of September 9, 1992 Page 22 of 25' - - Mr, Biles stated that if the proposed amendments were approved, the number of citations and complaints could N, lowered by as much as 95 percent, f Chuck Carpenter, 1112 Pennsylvania, stated that the recommendations that were made by the Chamber wore based on complaints received in the Chamber office as well as from survey results, Commissioner Flemming left the meeting, i Mr. Engelbrecht closed the public hearing. I Decision: Mr. Engelbrecht recommended voting on the proposals one at a time. Mr, Cooper stated that he would like more time to review some of the ' proposals. He moved to table the proposals until the next meeting. Motion failed due to lack of a second. Ms, Huey stated that she has heard the proposals twice and that she felt the community would be better off if they addressed the issues immediately, i Mr. Cochran suggested that the Commission vote on proposals that they felt comfortable with and table items where further study was needed, The Commission agreed, Face changing: Mr, Cochran stated that face changing was the most important issue and that it had become a political issue. During the latest amendments, a group was formed consisting of two individuals from the sign industry, three individuals from the Beautification Committee, and Jerry Cott. The discussions led to trade-offs for both sides. He added that in exchange for no face change, the sign Industry agreed to taller signs (from 6 feet to 20 feet). Mr. Cochran stated that he felt the long term benefits to the community would be affected if face changing was allowed, Ms. Huey stated that she had problems with giving up face changes, She added that she did not iike the option of all or nothing, Mr. Cooper stated that he preferred to see blank sign faces in supporting structures than no sign face. Mr, Engelbrecht said that he did not feel that enough people were well enough informed during previous ordinance amendments and felt that this time, 'I k{ is Planning and Zoning Commission - Minutes of September 9, 1992 i l _ Page 23 of 25 ~~?D 7 businesses were better informed. Mr. Willis moved to recommend approval of face changing with grandfathering i of non-conforming signs, as recommended by staff. It was seconded by Mr. Cooper and carried (4-2). Mr. Cochran and Ms. Huey were in opposition. Abandoned Signs and Supporting Structures: Mr. Cooper stated that he felt six months was too long of a period for businesses to put a face in the supporting structure. Mr. Cochran asked how many of the 142 abandoned signs were non-conforming. i Mr. Robbins stated most of them. Mr. Cochran stressed his concern with the i need to have the abandoned structures removed. Mr. Cooper moved to approve the proposal with a 90 day time frame instead of the six months as proposed. It was seconded by Mr. Engelbrecht and carried (5-1). Mr. Cochran voted in opposition. Effective Area: Mr. Cooper stated that he was uncomfortable with this item and added that he would like more time to review the information provided. Mr. Willis agreed. Mr. Willis moved to table the calculation of effective area. It was seconded by Mr. Cooper and unanimously carried (6.0). Banners on Buildings: Mr. Engelbrecht stated that the staff recommended no change in the current standard except for an addition of a 30 day separation between permits. He added that, per request from the Code Enforcement Office, the ordinance be amended to allow for tagging of the wind devices so that the officers would know which of the three permits were valid. Mr. Cochran agreed with the staff proposal regarding the thirty day separation between permits, Mr. Cochran moved to recommend approval of the staff f proposal with the thirty separation period between permits. It was seconded by Mr. Glasscock. Ms. Huey moved to amend the motion to allow for a system of tagging wind devices. It was seconded by Mr. Engelbrecht and unanimously carried (6-0). R08 . i't> ~f Planning and Zoning Commission _._._.7V Minutes of September 9, 1992 Page 24 of 25 A vote was called on the original motion and carried unanimously Banners over Streets: 1 Mr. Engelbrecht stated that there was no recommendation from staff. Mr, Cochran stated that he felt that community events should be allowed to advertise over the streets, Mr. Cooper agreed and stated that he liked them. The rest of the Commission agreed. Mr. Cochran moved to deny the proposal to not allow banners over streets. Mr. Cooper seconded the motion, Mr. Cochran and Mr. Cooper withdrew the motion and second. Mr. Cochran moved to accept staff recommendation as no action to be taken, It was seconded by Ms, Huey and unanimously carried (6-0) to make no recommendation. Temporary/Stake Signs: Mr. Engelbrecht stated that he wanted more time to consider this item since he was not comfortable with what would he considered "temporary" signs. Mr. Engelbrecht moved to table this item until the next meeting. It was seconded by Ms, Huey, The Commission asked that staff research further other alternatives. A vote was called on the motion and It carried unanimously (6.0). Signs on Interstate A Mr. Engelbrecht stated that staff recommended no change to the ordinance, Mr. Willis stated that signs on 35 should be measured from the frontage road. He added that it would be more tco sthe istent~toymeand asuroe from the main travelled way, Ms. Huey moved to table the Item with a request that staff research the item further and bring back to the next meeting samples of signs showing how they would be Increased, It was seconded by Mr, Engelbrecht and unanimously carried (6-0), aaq , I I r ' v. II f Planning and Zoning Commission Minutes of September 9, 1992 Page 25 of 25 c~D ~ G~o?.2 T I Ms, Huey moved to table the remaining items on the agenda. The motion was seconded by Mr. Cochran and unanimously carried (6-0), IX, Director's Report, X, Future Agenda Items, Ms, Huey moved to adjourn the meeting at 11,32 p,m, It was seconded by Mr, Cochran and unanimously approved (6-0). 'vZ1O. - i Planning and Zoning Commission ' Minutes of September 23, 1992 Page 2 of 6 Panhandle Street, between Coit Street and Carroll Boulevard. Since the 1 residential neighborhood is already existing, all public improvements are currently in place, i Presently, the site is used by two single family homes, and no change in use is planned. However, the current lot line goes through the structure on the eastern lot. The original plat of the site occurred approximately half a century ago, and the replat occurred in 1985. ~ Mr. Yost continued that the present structures (one-family dwellings detached) were built in the 1950's. Later, the site was replatted without properly Ia !iting the structures, resulting in the most eastern house becoming non-conforming. Amending the replat, and relocating the center lot line approximately 11 feet to the west would alleviate the non-conformity, and establish at least a 6 foot side ' yard as required. The proposed lot 4A-R violates the minimum lot size requirements of the Zoning Ordinance, for a duplex zoned lot, in regards to the minimum depth. The ordinance requires a 100 foot minimum depth, yet the proposed lot has a depth of approximately 91.74 feet. However, in the categories of minimum lot width and minimum lot area, the ordinance requires 6,000 square feet of area and 60 feet of width. The proposed lot 4A-R has approximately 8,024 square feet of area and 87 feet of width. Mr. Yost noted that the Commission has the authority, according to Section 35- 91[a] to modify one or all of the area requirements. He added that the amending plat confor=6 to the minimum requirements of the Subdivision and Land Development regulations and Chapter 212.016 of the Texas Local Government Code. Mr. Glasscock moved to approve the amending plat of the replat of Carroll Park ,Addition. It was seconded by Mr. Cochran and unanimously carried (7-0), IV. Consider removing from the table proposed amendment to the Sign Ordinance. Mr. Cochran moved to remove the proposed amendments from the table. It was seconded by Mr. Engelbrecht and unanimously carried (7.0). V. Hold a public hearing and consider amendment to the Sign Ordinance. Mr, Engelbrecht opened the public hearing, Mr. Robbins stated that he would review all items that were discussed at the September 9, 1992 meeting and what the Commission's action was. C . i I Planning and Zoning Commission Minutes of September 23, 1992 Page 3 of 6 i,; The Commission recommended approval of "face changing' or " grandfathering of all existing signs and the proposal to ,use or lose" abandoned signs or supporting structures within 90 days after the effective date of the ordinance. Mr. Cochran asked if recommending approval of "face changing" would still mean that some of the signs would be classified as "non-conforming". Mr. Robbins replied yes. I ' The Commission denied the proposal to allow banners on a building wall without a permit and added the standard to require a thirty day separation between banner permits. I Mr. Robbins stated that one of the issues, to be discussed, was effective area. He explained the staff recommendation regarding effective area and showed ' several slides as examples. Mr, Robbins discussed ratio measuring of monument signs. Mr. Willis left the meeting. Another issue that the Commission had not decided on was temporary stake signs. Mr. Robbins stated that content neutrality was an issue. Staff recommended approval to the proposal to allow larger structures than 4" x 4" and to delete the wording of "pushing, pounding, and easy removal" from the definition. Staff had ne recommendation for signs on I-35 as the problem areas could apply for a variance. The final Issue was sign separation. Mr. Robbins stated that this proposal was a staff recommendation. This would allow sites that are allowed two signs to space the signs sixty feet apart instead of the current four hundred foot standard. Mr. Rngelbrecht invited Mr. Biles to speak on behalf of the Chamber. Mr. Blles declined. In Favor: Rob Raynor, a local realtor, stated that he was In favor of the Chamber proposal to allow larger structures for stake signs. He referred to several instances when smaller structures of blown over in strong winds. He also asked that the definition also show that "extraction of soil" as being allowed, Mr. Rngelbrecht asked Mr. Raynor if the realty firm used 4' x 4' signs. Mr. Raynor replied that on occasion they are used but that the majority of the signs were 4'x 8'. a~a . II i Planning and Zoning Commission Minutes of September 23, 1992 rZ Page 4 of 6 Opposed; No one present spoke in opposition. ~I Mr, Engelbrecht closed the public hearing. I The Commission agreed to decide on the issues separately. Mr. Engelbrecht stated that on Effective area, there were also the Issues of monument signs and a decrease in the requirements for the Special Sign District. He asked that each Item also be voted on separately. The Commission agreed. Decision: Mr, Cooper moved to approve the staff recommendation relating to the method of measuring effective area, It was seconded by Ms, Huey and unanimously carried (6-0), Mr, Cochran moved to approve the staff recommendation for monument signs with the conditions that the increased effective area for tenant signs be deleted h and that the signs on 1.35 not be larger than the current standard, Mr, Engelbrecht explained to Mr. Cochran that the signs on I-35 would be shorter. Mr, Cochran pulled his condition for I.35 from his motion. f ~I Mr. Cooper explained to Mr. Cochran that it would be Impossible to get businesses to have monument signs if they would have to be the same size as the current standards with a decreased height. Mr. Cochran pulled his other condition from the motion. Mr. Cochran restated his motion to approve the staff recommendation, including the definition. It was seconded by Mr. Cooper. Ms. Huey moved to amend the motion on the floor to have staff redraft Information to clarify the height and size requirements for monument signs. It i was seconded by Mr. Cooper and unanimously carried (6.0), Mr. Cooper asked how long it took to approve a Special Sign District. Mr. Robbins stated that since it had to go before the Planning and Zoning l Commission and City Council, it would take approximately 60.75 days. Mr, Cooper moved to recommend the staff recommendation to decrease the requirement for a Special Sign District creation of property with three hundred (300) feet of frontage instead of six hundred (600) feet of frontage. It was seconded by Ms. Huey and unanimously approved (6.0). Mr, Engelbrecht stated that the Chamber's proposal was to add new provisions for temporary signs for purposes requiring more than a 'stake sign' but not a permanent sign (e.g. real estate signs a&v ttising large tracts of land, "coming x.13 , %i Planning and Zoning Commission Minutes of September 23, 1992 Page 5 of 6 soon" signs, "under construction" signs, etc, The proposed temporary signs would have to be removed after the advertised event ends, Le, the real estate was sold, the new business arrived, or construction finished, This would allow larger than 2" x 4" maximum supporting structures, Mr. Engelbrecht stated that the staff recommendation was to approve the proposal and delete the stake size requirement and the "pushing, pounding, easy removal" requirement, Ms, Huey moved to recommend approval of the staff recommendation. It was seconded by Mr, Glasscock, Mr, Cooper asked if the proposal would allow 4" x 4" structures with soil extraction. Mr, Robbins replied yes, A vote was called on the motion and passed unanimously (6-0), Mr. Engelbrecht stated that the proposal for sign on Interstate 35 was to allow taller signs directly along the interstate, Sign height should be measured from the main lanes of IH35, not the frontage road, or the ground, whichever is taller, Mr. Engelbrecht added that the staff recommendation was no change to the existing requirements. Mr, Cooper stated that he felt a safety factor was involved, He would like to see, consistency throughout and that signs should be measured from highway, Mr. Engelbrecht stressed that he did not feel the State Department of Transportation's method was acceptable, Mr. Cochran felt that problem areas could go through the variance procedure, Ms, Huey moved to recommend the staff recommendation of no change to the existing requirements, It was seconded by Mr. Cochran and carried (5.1), Mr, Cooper voted in opposition. Mr, Robbins stated that there was an amendme:it to the current proposal on national flags. He stated that the proposal is to allow up to six national flags per premise without a permit and with a height limit of 50 feet (instead of 30) and a size limit of 50 square feet. Mr. Robbins reported that staff makes no recommendation, Mr, Cooper stated that he was not in favor of the proposal as many auto k f t T; ~E r '•i Planning and Zoning Commission Minutes of September 23, 1992 Page 6 of 6 if/a , o?i~ °02.2 cG dealerships get carried away with the flags, IIF Mr. Cooper moved to recommend recommendation. 6-0). It was seconded by 1✓Ir, Glasscock and unanimously carried (6-U), ?Wr, Engelbrecht read the Attachment 7 f proposal stated where more than one sign Is al owed onaa premise a ong a street frontage (where there is 500 feet of frontage), decrease the distance which separates the signs from 400 feet to 60 feet, Mr, Robbins stated that the proposal' was made by staff, Mr, Cochran moved to recommend approval of the staff take no action, It was seconded by Mr. Glasscock and unanimously carried (6. 0), 4 VI, Dir,detor's Report. Mr, Robbins reported that the North Central Texas Council of Uovernments would be having training sessions for Commissioners of the Planning and Zoning Commission, He stated that any interested Commissioner should contact the Planning Department to sign up. fie added that the department would cover the costs, V11. Future Agenda Items, No future agenda items were discussed, Mr. Cooper moved to adjourn the meeting at 8;42 p,m, It was seconded by Mr. Glasscock and unanimously carried (6-0), f a~5, P&Z Minutes October 14, 1992~~ Page 13 Going from high intensity to moderate intensity to low intensity is a common practice in Denton and throughout the nation. chairman Engelbreeht closed the public hearing. Actioni Mr. Cooper moved to delay consideration of the petition until another meeting. Mr. Robbins explained that the commission may postpone decision to a certain date or table the item. Mr. Cooper revised his motion to table the petition. Motion was seconded by Mr. Cochran. Mr. Cochran said that he thinks it is an excellent suggestion to do public relations work. This request will be difficult to turn down because it meets guidelines. He hopes that something is worked out. Motion to table passed unanimously (6-0). Mr. Cooper left the meeting. VIII. Hold a public hearing and consider amending the Sign Ordinance, Staff Reportf Mr. Robbins stated that at the last meeting the commission the issues. He explained the staff's position on monument signs. Mr. Cochran clarified that currently the largest sign allowed on Loop 208 is 150 square feet. Staff is proposing 2001 for monument signs. Mr. Robbins said that if monument signs are considered more aesthetic, then there is a basis for that recommendation. Also a definition of monument signs should be added to the ordinance. A monument sign is solid from the bottom up. Mr. Cochran said that the proposal seems to be a loop hole for larger signs. The benefit of monument signs does not our weigh the need for the reduction of sign clutter. The city has the opportunity to shape Loop 288. The signs are already in place along University Drive. No one was present at the public hearing to speak on the proposed amendments, o?1Lo i a P&Z Minutes October 14, 1992 Page 14 Recommendations Mr. Robbins stated that staff recommends larger monument signs up to a maximum of 200 square feet on Loop 288 and 300 square feet along 1-35 with no height differential. The Commission discussed the proposed amendments. Mr. Willis said that the amendments would make the ordinance easier to understand and easier to do business with the city. Chairman Engelb,eeeht closed the public hearing. Ms. Huey asked the merit of the separate section for monument signs. i Mr. Engelbrecht said that it will add incentive. Mr. cochrz:i moved to make no recommendation. The idea of the sign ordinance in the first place was to encourage small signs. Mr. Willis said that thera is now no distinction between monument and ground signs. Monuments encourage greenery and vegetation around their bases. Mr. Cochran withdrew his motion. Mr, Willis moved to recommend 200 square feet of effective area for monument signs along Loop 288 and 300' square feet along with options in design width and height as long as the they stay within the effective area for monument signs. He included recommending the proposed definition and heights of 30' along Loop 288 and 401 along I-35. Motion was seconded by Ms. Huey and unanimously carried (5-0). rw..w.rwrwww.. w.++-+.~+...rw+.e.r.-rrsr~s~.. w ' consider recommending appointments to the Airport Zoning IX. f commission. Mr. Robbins explained that the recommendation would be to the city council for a one year appointment. Mr. Engelbrecht stated that previously Mr. Appleton, Mr. Hamman, and Mr. Glasscock were appointed. Mr. Glasscock has a flying background would probably be willing ho continue his appointment. Attachment 15 r,,,,;;hlu1100._.___ EO July 21, 1992 Mr. Frank Robbins Executive Director Planning & Community Development City of Denton Denton, Texas Dear Frank: As previously discussed, please find attached the results of the recent Survey, as well as a seven-point list of recommended revisions to the existing SIGN ORDINANCE, as formally endorsed and aUbmitted by the Board of Directors of the Denton Chamber of Commerce. Although we have opted to personally present this information during the Planning & Zoning Commission public hearing on August 12, please feel free to distribute it in advance as you deem appropriate. We appreciate your on-going presence and input in the chamber's weekly Local Affairs Committee meetings. if you have questions or comments, please do not hesitate to contact us. 51n ere y, Charles W. Ca enter president DENTOIN CHAMBER OF COMMERCE rtcceaotTt~e 414 PARKWAY A, 0, DRAWER P DENTON, TC%AS 78202,1719 TELEPHONE 817-382-9899 DIWWN CHAMBER OF COMMERCE 1992 SIGN ORDINANCE SURVEY RESULTS _v....__. MOTES ABOUT THE SURVEY (11 Ecrm bf a~~~ev= A number of individuals, both within Without the Chamber, have commented that no survey onrthe sign ordinance,l past or present, has set out side-by-side background of the issue, and pros and cons about each tishetic sue al proposal, been the intent Of educating as well as eliciting opinions has a Therefore, achieved. A conscious and diligent effort was made to conveyaannunbiased statement of each proposal, background, and pros and cons, Each statement was formulated as the result of comments and feedback from Local Affairs committee members, city council members, City Planning 6 Development staff, individuals previously and presently involved with the sign ordinance, and chamber members and Denton citizens at large, (2) T~Mina cF .aifr~.e.. & nawAtl.,s. conducting the survey was somom-~ whwhtnarrow e because of several factors. The survey results had to be reviewed by * window of , opportunity for (Government Affairs) Committee (July 9) in time to pass along the results and the Committee's recommendations to the chamber Board of Directors at its monthly meeting (July 16) immediattal commission meeting (July 22) at which the Chamber Boa d!sn stat m ntiof position is to be reported (as requested by P & 2), Also, timing was critical to reach beyond the usual chamber reapoaidents by distribution at the Chamber Quarterly breakfast. (3) tiBlit.F11 760 surveys were distributed as follows t (a) Approximately 350 surveys were distributed initially to those individuals on the mailing list for the continuing series of Retail Colloquiums, This pool of respondents consists largely of independent business owners, small businesses, and retailers, ,It is not, however, direoted solely at chamber members. (b) surveys were mailed to all current Chamber Board members as well as Past Presidents, totalling 55 surveys, (o) Surveys were mailed to all members of the Local Affairs Committee (35 surveys), (d) Surveys were distributed at two New Member Coffees (15) and some were obtained at the Chamber office (5), (e) 300 surveys were placed at each individual seating at the June Chamber Quarterly Breakfast in an attempt to reach out beyond just. Chamber members. (4) ut 168 surveys were returned, or nearly a quarter of thoso distributed. This is a statistically significant response rate. Also significant is that over 50 completed surveys were picked up at the Chamber Breakfast, in other words, nearly a third of the total rearmar were obtaained from a pool of rrspond4ntas that was not necessarily es Chamber members or retailers. just 5) 9=1 t THE RESPONSES SHOULD BE TAKEN AS OPINIONS ABOUT THE SPECIFIC PROPOSALS. THEY SHOULD NOT BE TAKEN AS example, the propo a /N about banners is rfea rictedxto bannrers ISSUES. anchored For buildingst the survey results do not address banners between two posts at the gas atation pumps or over streets. READ THE PROPOSAL CAREFULLY AND CONFINE SURVEY RESPONSES TO ONLY THE SPECIFIC PROPOSAL. i r DEWMN CHAMBER OF COMMERCE 1992 SIGN ORDINANCE SURVEY RESULTS (1) FACE CHANGE OUT Pronosals Allow all present signs to remain and allow sign yace to be changed (on conforming ar nonconforming sign) provided that the sign does not become pig nonconforming. This would require elimination of the temporary permit requirement and the 1996 nonconforming sign removal deadline. Background: Nonconforming signs (too large/too tall, etc.) require a temporary permit in order to change the face of the sign, and then must be removed in 1996 with no compensation for loss of sign, ,gyp.: signs represent sign .'.ficant investment which would be lost; many businesses could not afford to replace sign; some signs are attractive even if they are too tall or large under the ordinance. If no time limit imposed on nonconforming :signs, how will sign ordinance objective be reached. In Favor 158 (944) No Opinion 0 oppose 9 (5%) No Response 1 (2) "ABANDONED SIGNS" PROvIs?tiANos Proposals Allow blank sign faces (or "Shop Denton First" or other community goodwill message) to be placed in sign structures to avoid problem of advertising non-existent business/event to prevent the sign/supporting structure from being deemed "abandoned". Also, allow faces to be put into sign structures that are currently empty to bring them within this new protection, BAckground: Current definitiona of abandoned signs and supporting structures require removal (after six months) of „ nonconforming sign/supporting structure if it does not advertuQ a current business or event. per: Property owners sometimes cannot rent office/building space for quite a while in this economy; therefore, they should be able to preserve their investment in their signs by putting in a blank face until a necr tenant arrivss. If no time limit imposed on nonconforming signs, how will sign ordinance objective be reached, In Favor 155 (92%) No pion 2 Oppose 10 (6%) No Response 1 (3) BAWM Prooosai: Eliminate restrictions regarding banners anchored to the building (this proposal involves banners used by businesses at the place of business; it does not involve banners over public streets promoting community events), Backq nund: The ordinance presently requires a permit for each banner, the permit is good for only 30 days, and only three permits allowed per year (3 banners per year for maximum of 90 days/year). E=s Banners are effective advertising for temporary purposes, i.e. special promotions or sales. If you have more than three promotions per year, youOre out of luck. Many promotions are scheduled by national headquarters, and the local store owner has no control over fulfilling national salts promotions. Also, banners anchored securely to the building wonOt flap in the wind and become ragged. =s Banners can become unsightly if not kaintained. Also, some object to banners under any circumstance. in Favor 133 (79$) No opinion 8 appose 27 (16$) No Response 0 1 ' I . I f~~io - yz,~ (4 ) ADOPT NM "TZORMV SIGN" PROM CPA IOIf$ Prances r Add new provisions for "tem ora ~ requiring more than a 'stake si p ryi,gns Forr purposes; not & real estate signs advertising largebtzacts ofpl nd,re"coming'soon signs, "under, construction" signs, etc. The proposed temporary signs would have to be removed after the advertised event ends, i,e. the real estate was sold, the new business arrived, or oonstruation finished. Allow larger than 211 X 4" maximum supporting structure. Backaral++d = The aloaest the current ordinance comes is the definition of a lostake sign", which has 2 X 4 maximum size supporting Stakes. Stake signs are b placed in the ground onl b „ ' by definition in the ordinance, forcing it into the y y pushing, pounding, hammering or placement, removal, orr reloc tion." Some signs need to be larger, and therefore need larger supporting structure. vrital Therselline no current provision for these signs that are often Qw: Allows signs larger advertising i In Favor 150 (89%) No Opinion 7 oppose 10 (b$) No Response 1 (5) SIGNS ON INTERSTATE 35 J 2=4QgAl: Allow taller signs directly along Interstate 35. BaQkgXQUad: Current height limitation is 40 feet. Ear Travelers along I-35 need advance notice of a business in time to take the exit] current height limits don't allow the traveler to see the sign in time, they miss the exit, and business is lost. Q=: Increases sign clutter. In Favor 138 (824) No Opinion 8 Oppose 22 (131) No Response 0 r i k W 5~p 3 el DENTON CHAMER or _ colemp= REM)OMMATION CHANGER HOARD OF DI ORS REGARDING SIGN ORDINANCE REVISIONS i The Denton Sign Ordinance has bbeenE the subject of intense debate in our community for years and was a hot topic in the recent City Council campaigns. After the election, the Mayor proposed revisions to the face change out provisions, and other Council members have expressed an interest in a limited revisiting of the ordinance. Given this implicit green light, the Chamber-'s Local Affairs Committee has discussed many aspects of the Sign ordinance on a weekly basis since May 21. This was not a comprehensive review nor intended to be an Oend-ally resolution of all sign issues. Rather, the Committee hit some high points that, if the Committeel's recommendations are adopted, should defuse an overwhelming number of complaints about the ordinance. As noted in the backup materials, a survey of opinions on five issues has been conducted. These five issues are incorporated into the recommendations together with two additional issues taken up b the committee. it is important to understand that these recommendations a e of general principlest the Committee has not attempted to Owrite,' the ordinance. We properly leave the technical effectuation of these principles to those charged with that duty. H THE AD HOC MEMBERSHIP OF THE n ~N CHAMBER OF COMMERCE LOCAL F AFFAIRS COMMITTEE OLLOWING REVISIONS RTOO THE DON SIGN OORDDIINANC BOARD OF DIRECTORS THE (1) Face Chang,Ae Allow all present signs to remain and allow sign face to be changed (on conforming. Ox nonconforming, sign) provided that the sign does not become m2rj nonconforming. As a eonse the temporary permit requirement and the 1996 nonconforming sign removal deadline should be eliminated, (2) t Allow blankIneutral sign races (a lowing. superimposing "shop Denton First". or other community goodwill message) to be placed in sign structures to avoid problem of advertising non-existent business/event, to prevent the sign/supporting structure( from being. deemed "abandoned". Also, allow blank faces to be put into sign structures that are currently empty to bring them within this new protection. should be installed in existing sign structures on or Blank faces before ga fixed date (six months from date of adoption of new ordinance)t after adoption of the ordinance, blank sign facer should be installed in sign structures within six months of tenant/,business move-out. In other words, "use It or lose.it," aaa . Y s' ~ [ (3) tea: Eliminate restrictions regarding banners (as distinguished from other wind devices) anchored to the building of business on- site [banners at the place of business; no. off ect on banners over public streets promoting community events). (4) Temporary Sign11 Add new provisions for "tsmphiary••-signs."..._for purposes requiring more than a (stake signs but not a permansnt-~4-? sign, e.g. real estate sigriu advertising large tracts of land,;aa "coming soon" signs, "under oonstruotiont' signs, etc. The proposed temporary signs would have to be removed after the advertised event ends, i.e. the real estate was sold, the new business arrived, or construction finished. Allow larger than 2" X 4" maximum supporting h structure. (5) Sons an I-351 Allow taller signs directly along interstate 35. Sign height should be measured by the higher of the elevation of the property site or the elevation of 1-35 in front of the property. (6) a mnlifinaticni The organization, definitions, and wording ck the , sign ordinance should be simplified in order that it can be rAkdily. understood by reasonable persons. (7) Calaulation of Effective sign &aAs Effective area of a sign should be calculated by measuring the dimensions of the actual face of the sign bearing the communicative design, and should not include supporting structures, architectural features, or the plans on which the sign face is mounted oL• depicted. Recomm at o a op by txted votes of consensus on July 9, 1992, David W. Bilo*b-Chairv~ffi Chamber Local Affairs Committee i aa3, 1 . i i i i i i I SURVEY 1992 SIGN ORDINANCE DENTON CHA&wn OF COAWAERM O I MMXQt„oyndI You either love it or hate it. The Denton sign ordinance has been the subject of significant criticism from many sectors, while others proclaim it as an important element in making a better city, Although signs have been regulated in Denton wince 1969, the current sign ordinance was adopted in 1985 with major revisions: 19891 (banned new portable signs, height and area restrictions, limits on banners, etc.) April 19911 (new area and setback restrictions, roof signs, required removal of abandoned signs, and prohibition on changing face of nonconforming sigqns, *to.) November 19913 grandfathered nonconforminq signs until 1996 if temporary permit purdhased, then must remove The sign ordinance is currently being reviewed by the Planning and Zoning Commission at the request of City Council. In an effort to represent Chamber members, the Chamber Looal Affairs committee, is making a limited review of some ordinance provisions and concerns of the private sector, THE.9E ARE MXBQ=T1-AT PWMGRD OiLMMU TO TEE ORDINAM (1) FACR CHAMB Ot" PZ290 a i Allow all present signs to remain and allow sign face to be changed (on conforming 4L nonconforming sign) provided that the sign does not become a=A nonconforming. This would require elimination of the temporary permit requirement and the 1996 nonconforming sign removal deadline, bAgkgroundi Nonconforming signs (too large/too tall, ato.) require a temporary permit in order to change the face of the sign, and than must be removed in 1996 with no compensation for loss of sign, 2rDl Si nm represent significant investadnt which would be lost) many businesses could not afford to replace slgn) some signs are attractive even if they are too tall or large under the ordinance, 5..4111 if no time limit imposed on nonconforming signs, how will sign 1 ordinance OJb,itive be reached. 1 (Check One) In Favor No opinion oppose i (2) "A9A110YA ED SIONS" PROVISIONS frejijlmal3 Allow blank sign faces (or "shop Denton first" or other J community goodwill message) to be placed in sign structures to avoid problem of advertising non-existent business/event to prevent the sign/supporting structure from being deemed "abandoned". Also, allow feces to be put into sign structures that are currently empty to bring them within this new protection. structur~isnr qCurrt uire removaldefinitions (afterfsixabandoned month,,s)signs a and nonconforming Sign/supporting structute if it don not advertise a current business or event. { U03 Property owners sometimes cannot rant offioe/building space for quite a while in this economy) therefore, the should he able to preserve their investment in their signs by putting in a blank face until a new tenant arrives. Crmi it no time limit imposed on ngnconforming signs, how will sign ordinance obieotive be reached. (Check One)- In Favor No opinion oppose I n < PXDZQsal1 Eliminate restrictions regarding banners anchored to the - building (this proposal involves banners used by businesses at the ~~J l e 1' place of businessi it does not involve banners over public streets (/7J promoting community events). Backgrnilads The ordinance presently requires a permit for each banner, the permit is good for only 30 days, and only three permits allowed per year (3 banners per year for maximum of 90 days/year), E=; Banners are effective advertising for temporary purposes, i.e. special promotions or sales. If you have more than three promotions per year, you're out of luck. Many promotions are scheduled by national. headquarters, and the local store owner has no control over fulfilling national asleu promotions. Also, banners anchored securely to the building rrcn't flap in the wind and become ragged, =1 Banners can become unsightly if not maintained. Also, some ~ object to banners under any circumstance. (Check One) In Favor No opinion Oppose (4) ADOPT MW "TEMPORARY SIGN" PROVISIONS E uwAA1i Add new provisions for "temporary signs" for purposes requiring mora than a (stake signO but not a permanent sign, e.g. 1 real estate nigus advertising large tracts of land, "coming soon" 1 signs, "under construction" signs, *to. The proposed temporary signs would have to bo removed after the advertised event •,ids, i.e. ,he real estate was sold, the new business arrived, or construction finished. Allow larger than 2" X 4" maximum supporting structure, Backgrounds The closest the current ordinance comes is the, definition of a "stake sign", which has 2 X 4 maximum size A'. supporting stakes. stake signs re, by definition in the ardinance, placed in the ground only by "pushing, pounding, hammering or forcing it into the ground by hand to allow quick and easy placement, removal, or relocation." Some signs need to be larger, and therefore need larger supporting structure. Exits There is no current provision for these signs that are often vital to selling property or advertising new development. l =i Allows signs larger then the current stake signs. (check One) In Favor No opinion Oppose l (5) SI071s ON IrraRspATS 3s prmne■al= Allow taller signs directly along Interstate 35, BfLW=auDdi Current height limitation is 40 feet. E=i Travelers along Z-35 need advance notice of a business in time to take the exits current height limits don't allow the traveler to ;j see the sign in time, they miss the exit, and business is lost. Cams Increases sign clutter, (Check One) In Favor = No Opinion Oppose N71IL TOO DENTON CHAMBER OF COMMERCE MR. DAVID RILES P. 0, DRAWER P P, 0. BOX 949 DENTON, TX 76202 DENTON, TX 76202 SuRVNY RsaPONNNN MUST NN Rs"On NY •EDNNSDAY, JULY 1, iota Notes if only a few responses are returned, the survey will not have much meanings therefore, YOUR RESPONSE Is IMPORTANT, aa5.