1993-029AAAOOFEF
ORDINANCE NO. 93 -1-239 M09 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REG-
ULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES BY ADDING TERMS TO
ENHANCE ENFORCEMENT OF THE ORDINANCE IN SECTIONS 33-1, 33-121, 33-
126, 33-149, AND 33-166; BY AMENDING DEFINITIONS IN SECTIONS 33-2,
33-31 33-4 AND 33-91; BY AMENDING SECTION 33-62 REGARDING FLAGS; BY
AMENDING SECTION 33-65 REGARDING WIND DEVICE SIGNS; BY AMENDING
SECTION 33-95 REGARDING DESTRUCTION AND REPAIR; BY ADDING A SECTION
33-98 REGARDING NONCONFORMING SIGN PERMITS; BY ADDING A SECTION 33-
127 REGARDING CERTIFICATES OF OCCUPANCY; BY AMENDING SECTION 33-146
REGARDING MANNER OF MEASUREMENT, AND ILLUSTRATING SIGN COPY; BY
AMENDING SECTION 33-147 REGARDING ABANDONED SIGNS AND SUPPORTING
STRUCTURES; BY ADDING A SECTION 33-148 REGARDING SIGN FACE STAND-
ARDS; BY AMENDING SECTION 33-181 REGARDING SIGNS IN RESIDENTIAL
DISTRICTS; BY AMENDING SECTION 33-182 REGARDING SIGNS IN NON-
RESIDENTIAL DISTRICTS AND PARTICULAR MONUMENT SIGNS; BY AMENDING
SECTION 33-183 REGARDING PLANNED DEVELOPMENT AND SPECIAL SIGN DIS-
TRICTS; BY AMENDING SECTION 33-184 REGARDING WIND DEVICES (BANNERS)
AND TEMPORARY SIGNS IN CENTRAL BUSINESS DISTRICTS; BY AMENDING
SECTION 33-211 REGARDING TEMPORARY SIGNS; BY ADDING A SECTION 33-
212 REGARDING WIND DEVICE SIGNS (BANNERS) AND FLAGS; BY DELETING
SECTION 33-213 REGARDING REPLACING OR ALTERING NONCONFORMING GROUND
SIGNS; BY REPEALING ARTICLE VI INCLUDING SECTIONS 33-221 THROUGH
33-226 AND ADOPTING A NEW ARTICLE VI AND A SECTION 33-221 REGARDING
ILLUSTRATIONS; BY AMENDING SECTION 33-253 REGARDING SIGN PLANS; BY
CONSOLIDATING SECTIONS 33-254 AND 33-255 REGARDING CREATION, REVIEW
OF PLANS AND CRITERIA FOR SIGN DISTRICTS; BY AMENDING SECTION 33-
256 REGARDING CONDITIONS IMPOSED UPON SIGN DISTRICTS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the erection and maintenance of outdoor advertising
signs, displays, and devices in areas adjacent to highways and
roadways should be regulated in order to protect the public invest-
ment in such highways, to promote the recreational value of public
travel, to increase public safety by limiting distractions to the
driving public, to preserve natural beauty and to promote the
reasonable, orderly and effective display of such signs, displays
and devices; and
WHEREAS, outdoor advertising is a legitimate, commercial use
of private property adjacent to roads and highways; that outdoor
advertising is an integral part of the business and marketing
function, and an established segment of the national economy which
serves to promote and protect private investments in commerce and
industry and should be allowed to operate in business areas; and
that the regulatory standards set forth in this ordinance are con-
sistent with customary use in this State and will properly and
adequately carry out each and all of the purposes of this ord-
inance, more severe restrictions being inconsistent with customary
use and ineffective to accomplish the purposes of this ordinance;
and
WHEREAS, the intent is to safeguard the general welfare of the
public while protecting the investment of the property owner, to
preserve the beauty of the community while balancing this with
growth, development and commercial pursuits. In setting the stand-
ards, the following findings are made:
(a) That a multiplicity of signs is distracting to motorists
and a hazard to vehicular and pedestrian traffic;
(b) That a proliferation of off-premises commercial signs
obscures the legitimate effort of local business
establishments to reasonably identify the location and nature
of their businesses;
(c) That it is a legitimate public purpose to limit
commercial signs in the City to those reasonably necessary to
identify local businesses. Such limitations are established
so as to:
(1) Limit distraction to motorists and reduce the danger
to other motorists and pedestrians.
(2) Control and abate the unsightly use of buildings and
land and to enhance the appearance of the landscape.
(3) Preserve the beauty of the landscape and residential
and commercial architecture; and
WHEREAS, the planning and zoning commission has reviewed these
proposed amendments to the sign ordinance on September 9, 1992,
September 23, 1992, October 14, 1992, and December 16, 1992 and
recommends approval of these amendments to the City Council; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I. That Chapter 33 of the Code of Ordinances relating
to "Signs and Advertising Devices" is hereby amended by revising
Subsection (a) of Section 33-1 entitled "Purpose and intent," so
that hereafter same shall read as follows:
Sec. 33-1. Purpose and intent.
(a) It is the purpose of this chapter to regulate the con-
PAGE 2
struction, reconstruction, erection, installation, placement, re-
location, maintenance, display, use, modification, alteration and
removal of private signs within the city.
SECTION II. That Chapter 33 of the Code of Ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
deleting from Section 33-2 entitled "Definitions," the definitions
of the terms Effective Area and Stake Sian and by adding a def-
inition of temporary sign and revising certain terms in said
section by defining such terms set forth below to read as follows:
Sec. 33-2. Definitions.
Front yard means an open, unoccupied space on a lot facing a
street and extending across the front of the lot between the side
lot lines and from the main building line as specified for the
district in which it is located (the "building setback line").
Ground Sian 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
and which is not a portable sign or attached sign.
Monument Sian means a ground sign, other than a wind device
sign, which is solid from the ground up, and is made of stone, con-
crete, metal, routed wood planks or beams, brick or similar mater-
ials. The pole(s) or support of this sign shall be concealed.
Streets defined:
Local - A street whose sole purpose is to provide access to
abutting single-family or two-family residential properties.
It is designed to serve no more than five thousand (5,000)
vehicle trips per day.
Collector - A street whose main purpose is to collect and di-
rect traffic from local streets to arterial streets, to carry
traffic between arterial streets or to provide access to abut-
ting commercial or industrial properties or higher intensity
residential land uses. It is designed to handle no more than
ten thousand (10,000) vehicle trips per day.
Secondary Arterial - A street whose main purpose is to serve
as a major route from one (1) area of the city to another, as
a connection between one (1) primary arterial to another or to
provide a major route to one (1) or more of the city's
moderate activity centers.
Primary Arterial - A street, including freeways, whose main
purpose is to serve as a major route into, out of or across
the city or connect one (1) or more of the city's major activ-
PAGE 3
ity centers.
NOTE: Collector and arterial streets and freeways are shown
on the City of Denton's Thoroughfare Plan and the Collector
Street Map.
Temporary sign means a ground sign that is used to communicate
or advertise a single event which has not yet occurred and which is
temporary in nature. Examples of temporary signs include, but are
not limited to, signs advertising grand openings, future construct-
ion projects and real estate listings.
Wall sign means any sign, other than a wind device, wholly af-
fixed to, supported by or painted upon the wall of any building and
which is not a projecting sign.
SECTION III. That Chapter 33 of the Code of ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by del-
eting from Subsection (6) of Section 33-3, entitled "Exemptions",
the term "temporary" so that hereafter this Subsection shall read
as follows:
Sec. 33-3. Exemptions.
The following types of signs shall be exempt from the
provisions of this chapter:
[See text of (1) through (5) in existing ordinance]
(6) Holiday signs: Signs containing only holiday messages
and no commercial advertising.
[See text of (7) through (13) in existing ordinance]
SECTION IV. That Chapter 33 of the Code of ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
the term display to the introduction; by deleting the last clause
of the paragraph defining the term in Section 33-4, entitled "Signs
on public property"; and by adding to and revising the definition
entitled "Signs obscuring or interfering with view" so that here-
after the introduction and paragraphs (8) of Section 33-4, entitled
"Prohibited signs" shall hereafter be defined and read as follows:
Sea. 33-4. Signs on public property.
It shall be unlawful for any person to erect, install, con-
struct, display, maintain, reconstruct, place, locate, relocate, or
make use of any of the following signs for advertising purposes:
PAGE 4
[See text of (1) through (7) in existing ordinance]
(8) Signs obscuring or interfering with view.
(a) Signs 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 ap-
proaching, 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;
(b) A sign other than a traffic control sign or
signal, in a triangle sight area at all inter-
sections including that portion of public
right-of-way and any corner lot within a tri-
angle formed by a diagonal line extending
through points on the two (2) property lines
twenty-five (25) feet from the street corner
intersection of the property lines or that
point of the intersection of the property
lines extended and intersecting the curblines.
[See text of (9), (10) and (11) in existing ordinance]
SECTION V. That Chapter 33 of the Code of ordinances relating
to "Signs and Advertising Devices" is hereby amended by revising
Subsections (3) and (5) of Section 33-62, entitled "Exemptions," so
that hereafter this Subsection shall read as follows:
See. 33-62. Exemptions.
[See text of (1) and (2) in existing ordinance]
(3) Flags as specified in Section 33-212.
[See text of (4) in existing ordinance]
(5) Temporary signs.
SECTION VI. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
to and revising Subsection (c) of Section 33-65, entitled
"Duration," so that hereafter same shall read as follows:
Sec. 33-65. Duration.
[See text of (a) and (b) in existing ordinance]
PAGE 5
(c) Wind device signs. A permit for wind device signs shall
be valid for thirty (30) consecutive days. A permit shall not be
issued for a premise unless a period of thirty (30) days has elap-
sed since the expiration of a previous permit. 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.
SECTION VII. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by revis-
ing Subsection (1) of Section 33-91, entitled "Definition," so that
hereafter same shall read as follows:
Sec. 33-91. Definition.
A sign, including its supporting structure, shall be consider-
ed nonconforming when it does not conform to all or part of the
provisions of this chapter applicable thereto, and:
(1) Was in existence and lawfully located and used on March
17, 1993.
[See text of (2) and (3) in existing ordinance]
SECTION VIII. That Chapter 33 of the Code of Ordinances
relating to "Signs and Advertising Devices" is hereby amended by
adding to and revising Subsection (a) of Section 33-95, entitled
"Destruction; Repair," so that hereafter same shall read as
follows:
Sec. 33-95. Destruction; Repair.
(a) Any nonconforming portable, attached, or ground sign,
including its supporting structure which is destroyed, damaged,
dilapidated or deteriorated, shall not be replaced, repaired, 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, includ-
ing its supporting structure, which is substantially the same or
similar to the nonconforming sign destroyed, damaged, dilapidated
or deteriorated, unless such alteration or repair makes the sign
conforming. No person shall repair, renovate, or alter a noncon-
forming sign without first receiving a sign permit.
[See text of (b) and (c) in existing ordinance]
SECTION IX. That Chapter 33 of the Code of Ordinances relat-
PAGE 6
ing to "Signs and Advertising Devices" is hereby amended by adding
a Section 33-98, entitled "Nonconforming sign permits," which shall
read as follows:
Sec. 33-98. Nonconforming sign permits.
The building official may issue a permit to alter a noncon-
forming sign if the proposed alteration would not cause the sign to
exceed the effective area, height, setback, or illumination setback
of the sign existing at the time of application for the permit.
SECTION X. That Chapter 33 of the Code of Ordinances relating
to "Signs and Advertising Devices" is hereby amended by adding to
and revising the first sentence of Section 33-121, entitled "Notice
and order," so that hereafter such sentence shall read as follows:
Sec. 33-121. Notice and order.
Any sign which is erected, placed, relocated, constructed, re-
constructed, altered, displayed, maintained, installed, modified or
used in violation of this chapter may be removed by the building
official as provided in this article.
SECTION XI. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by re-
vising Section 33-126 entitled "Summary removal of hazardous
signs," so that hereafter same shall read as follows:
Sec. 33-126. Summary removal 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 im-
mediate 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 display, placement or maintenance to give written notice of the
violation, the action necessary to correct the violation and the
time period in which the correction must be made. The notice shall
be delivered to the owner of the sign, the owner of the premises or
the person responsible for the sign's display, placement or main-
tenance, 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.
SECTION XII. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
a Subsection 33-127, entitled "Certificate of occupancy" so that
hereafter same shall read as follows:
PAGE 7
Sec. 33-127. Certificate of occupancy.
The building official shall not issue a certificate of oc-
cupancy for any premises on which a sign or supporting structure
does not meet the requirements of this chapter.
SECTION XIII. That Chapter 33 of the Code of ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
adding to Section 33-146, entitled "Manner of measurement" a new
subsection (2)b entitled "IH-35 measurement"; renumbering sub-
section 2(b) entitled "Natural ground level measurement" to sub-
section (2)c; and adding to and revising subsection (3) entitled
"Effective area" so that hereafter this section shall read and be
depicted as follows:
Sec. 33-146. Manner of measurement.
The measurements required for signs by this chapter shall be
made using the following procedures:
[See text of (1) and (2)a in existing ordinance]
b. IH-35 measurement. Along IH-35, the height may be
measured from the principal lanes, the frontage
road, or the ground, whichever allows the greater
height. (See illustration 14b.)
[See text of (2)c referenced as (2)b in existing ordinance]
3. Effective area means the area enclosed by the
smallest imaginary regular shape (e.g. parallel-
ogram, triangle, circle, trapezoid) 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 struct-
ure against which it is placed. Effective area
includes such features as decorative or ornamental
elements or features, borders, trims, but not in-
cluding any supporting structure which is used
solely for support of the sign, such as poles,
columns and cable, or decorative fence, screening
device or wall. (See illustration 14e.)
a. Sign copy mounted or painted on a background panel
or area distinctively painted, textured or con-
structed as a background for the sign copy, shall
be measured as the area contained within the out
PAGE 8
side dimensions of the background panel or surface.
I D'S
SIGNS
X
b. Sign copy mounted as individual letters and/or
graphics against a wall, fence, screening device,
awning 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 regular shape or combination of
shapes that will enclose all sign copy.
X
C. Where there are a number of sign faces or more than
one sign on a supporting structure.
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.
PAGE 9
Three or more sides--The sign area will be the sum
of the areas of each of the faces.
d. 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.
e. 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 portions of the sign when rotated
horizontally around the sign.
SECTION XIV. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
to and revising section 33-147, entitled "Abandoned signs and
supporting structures" so that hereafter same shall read as
follows:
See. 33-147. Abandoned signs and supporting structures.
The owner of any premise on which there is displayed or main-
tained an abandoned sign or abandoned supporting structure shall
comply with the following requirements:
(1) If it is an abandoned portable sign, remove or cease dis-
playing the sign within thirty (30) days of the date it
becomes abandoned.
PAGE 10
(2) If it is a ground sign that does not meet the size,
height, setback and other requirements of this chapter
and is abandoned on or before March 17, 1993, the owner
shall cease displaying the abandoned sign, remove the
sign, modify or relocate the sign, or put a blank face or
other bona fide message on the sign by June 17, 1993 as
is necessary to comply with the requirements of this
chapter.
(3) If the ground sign does not meet the requirements of this
chapter and is abandoned after March 17, 1993, the owner
shall cease displaying the sign, remove the sign, modify
or relocate the sign, or put a blank face or other bona
fide message on the sign within ninety (90) days of the
date it becomes abandoned, as necessary to comply with
the requirements of this chapter.
(4) If a supporting structure used or designed to be used
with a ground sign is abandoned on or before March 17,
1993, and the abandoned supporting structure does not
comply with the size, height, and setback or other re-
quirements applicable to ground signs, the owner of the
premises shall cease displaying the supporting structure,
or remove, modify or relocate the structure, or put a
blank face on a sign with a bona fide message on the
supporting structure by June 17, 1993 as necessary to
comply with this chapter. If a supporting structure that
does not meet the requirements applicable to ground signs
is abandoned after March 17, 1993, the owner shall cease
displaying the supporting structure, or remove, modify or
relocate the structure, or put a blank face or bona fide
sign on the supporting structure within ninety (90) days
of the date the supporting structure becomes abandoned as
necessary to comply with those requirements. In deter-
mining 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.
(5) If an abandoned supporting structure does not have a can,
frame, or similar part of the supporting structure that
would hold the sign or to which the sign would be attach-
ed, and such a part or face or sign is placed on the sup-
porting structure, the effective area of the sign or
blank face placed on the supporting structure shall not
exceed the requirements of this chapter.
PAGE 11
(6) No abandoned sign or supporting structure which is alter-
ed under the provisions of this section shall be made
more non-conforming.
(7) Altering, putting a blank face, or putting a sign on an
abandoned supporting structure which is abandoned after
March 17, 1993, and which would be non-conforming, and
the cost of which exceeds sixty (60) percent of the re-
production cost of the existing abandoned sign or sup-
porting structure shall not be permitted unless in ac-
cordance with Section 33-95 (a).
(8) Any abandoned sign or abandoned supporting structure
displayed or maintained, or not removed, modified, or
relocated in accordance with this chapter by the owner
shall constitute a violation of this ordinance, and be
considered an unlawful sign and may be removed by the
city in accordance with the provisions applicable to the
removal of unlawful signs or the owner may be prosecuted
as provided under City ordinances or be enjoined from
continuing such violation.
(9) As used in this section, abandoned supporting structure
means the poles, beams, cables, or other materials that
are used or once were used to support an abandoned sign.
(10) If a ground or attached sign that conforms to the reg-
ulations of this chapter is abandoned, the owner shall
cease displaying the sign and supporting structure or
remove same so as not to be visible from any public
right-of-way, or paint out or cover the message portion
of the sign, or put a blank face on the sign in accord-
ance with this chapter, or place a bona fide message on
the message portion so as to leave the message portion
and supporting structure neat and unobtrusive in appear-
ance, within ninety (90) days of the date it becomes
abandoned.
SECTION XV. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by renum-
bering Section 33-148 entitled "Clearance from electrical lines to
Section 33-153 and adding a new Section 33-148 entitled "Sign face
standards" which shall hereafter read as follows:
Sec. 33-148. Sign face standards.
Sian face standards.
(1) The following shall be required for the use, display,
maintenance, or permitting of an alteration of any aban-
doned sign or supporting structure regardless of when the
PAGE 12
sign was abandoned:
(a) Like material. Only the same or like quality
material as that being replaced or that was last
installed and used as a face on or in the abandoned
sign or supporting structure may be allowed as the
sign face, or that part of the structure that car-
ries the sign message or that is blanked. The face
of the supporting structure must be one which the
supporting structure is designed to support.
Painting over a face is allowed to blank the sign
face. Examples: Plastic face replaces missing
plastic face, metal replaces metal, wood replaces
wood face, etc.
(b) Routed, embossed, or raised messages or sign copy
must not be able to be seen, if the face or message
is blanked.
(c) Blank faces must be of one color.
(d) Covered messages.
1. Painting. Abandoned signs may be painted in
order to "blank" the face. However, the paint
must completely cover the sign face or message
portion of the structure. The covered, paint-
ed over message must not show through the
paint.
2. Covered sign faces must be of a material or
substance which renders the resulting sign
face completely blank, opaque, and resistant
to deterioration. Bleeding or showing through
of a covered message or blanked face shall
constitute the displaying or maintenance of an
abandoned sign in violation of this ordinance.
(e) No person shall cover signs with bags of any
material.
(f) No permit shall be issued for which a dilapidated
or deteriorated condition would not be abated.
(2) Prior to any alteration of an abandoned sign or support-
ing structure, a permit for such shall be required in
accordance with the provisions of this chapter.
SECTION XVI. That Chapter 33 of the Code of Ordinances
relating to "Signs and Advertising Devices" is hereby amended by
revising section 33-149 entitled "Sign maintenance," so that
PAGE 13
hereafter same shall read as follows:
Sec. 33-149. Sign maintenance.
It shall be unlawful for any person to display, erect, locate,
relocate, or keep any dilapidated or deteriorated sign.
SECTION XVII. That Chapter 33 of the Code of ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
revising Section 33-166 entitled "Prohibited," so that hereafter
same shall read as follows:
Sec. 33-166. Prohibited.
It shall be unlawful for any person to display, maintain,
erect, place or relocate any portable sign on any premises that is
not a registered portable sign.
SECTION XVIII. That Chapter 33 of the Code of Ordinances
relating to "Signs and Advertising Devices" is hereby amended by
adding to and revising Subsections (1), (4)b and (4)c, of Section
33-181, entitled "Residential districts," so that hereafter such
subsections shall read as follows:
Sec. 33-181. Residential districts.
(1) Permitted and prohibited type. Ground, wall, wind device
and temporary signs are permitted in residential dis-
tricts. Roof, projecting and off-premises signs are pro-
hibited in residential districts.
[See text of (2) in existing ordinance]
(3) Setbacks. All ground signs shall maintain a minimum
setback of ten (10) feet from the curbline and any side
or rear yard property line, except that any 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 or rear yard setbacks speci-
fied in this subsection, if the sign so placed would not
violate any other provision of this chapter. (See illus-
tration 14a.)
(4) Number of ground signs. Only one ground sign which is
not a temporary sign, shall be located on any one pre-
mise, except as follows:
[See text of (4)a in existing ordinance]
b. Any premise which has more than five hundred (500)
feet of public street frontage on a freeway, art-
PAGE 14
erial, or collector street may make use of one ad-
ditional sign for each five hundred (500) feet of
additional frontage or that street, or fraction
thereof, if each additional sign permitted is lo-
cated more than sixty (60) feet from another per-
mitted ground sign on the same premise. The dis-
tance 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.
C. Temporary signs. See Section 33-211.
(5) Illuminated sign setback. Any ground sign over ten (10)
feet in height and any wall sign over fifteen (15) feet
in height shall maintain the following setback from any
property used for a single family residence or property
zoned for single family if the sign would be visible from
such property:
Ground or Attached Sian Setback
Non-illuminated. . . . . . . . . . . 100 feet
Internally Illuminated . . . . . . . . 200 feet
Externally Illuminated . . . . . . . . 500 feet
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 struct-
ure. A sign shall be considered visible from a residen-
tial 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 single-family residence
located on the same premise.
SECTION XIX. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
to and revising the introduction to Section 33-182 entitled "Non-
residential districts" and Subsections (1), (2)a and (4)b of Sec-
tion 33-182, so that hereafter such introduction and subsections
shall read as follows:
Sec. 33-182. Nonresidential districts.
The following regulations shall apply to signs in any zoning
district designated as a P, 01 NS, GR, C, OAR, LI or HI district,
as shown on the official zoning district map of the city:
(1) Type. Ground, wall, roof, temporary, wind device and
projecting signs are permitted in nonresidential
districts.
PAGE 15
(2j 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
Effective
Area
Maximum
Height
Monument
Sign
Effective
Area
IH 35N, 35E,
250 sq. ft.
40 ft.
300 sq. ft.
or 35W
Loop 288
150 sq. ft.
30 ft.
200 sq. ft.
Other primary
60 sq. ft.
20 ft.*
N/A
arterials
All other
60 sq. ft.
6 ft.
N/A
streets
*Except for the Central Business districts.
[See text of (2)b in existing ordinance]
(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:
[See text of (3)a in existing ordinance]
b. On properties fronting primary arterials, 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.) (See illustra-
tion 14a.)
(4) Number. Only one (1) on-premise ground sign which is not
a temporary sign shall be located on any one (1) premise
except as follows:
[See text of (4)a in existing ordinance]
b. Any premise which has more than five hundred (500)
feet of public street frontage on a freeway, arter-
ial or collector street may make use of one (1)
PAGE 16
additional on-premise ground sign for each addi-
tional five hundred (500) feet of frontage, or
fraction thereof, if each additional sign permitted
is located more than sixty (60) feet from another
permitted ground sign on the same premise. The
distance between the two (2) points on the curbline
which are nearest the two (2) signs. (See illus-
tration 14c).
[See text of (5)a and (5)b in existing ordinance]
SECTION XX. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
to and revising Section 33-183, entitled "Planned development
districts," so that hereafter same shall read as follows:
Sec. 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-pre-
mises 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 development, shall be
applied to the district or part thereof for which the regulations
were omitted.
(b) Deviations from the standards in this chapter may be
considered if the continuous street frontage in the planned dev-
elopment district is less than that required for consideration of
approval of a Special Sign District.
(c) Deviations from the standards in this chapter may be ap-
proved as long as the deviations equally meet the objectives of
this chapter, such deviations are necessitated by the design of the
development within the planned development district, and such dev-
iations are found to meet the criteria as that for creation of a
Special Sign District pursuant to Section 33-254.
(d) Approval of deviations from general sign standards shall
be supported by written findings approved by the city council or
the planning and zoning commission, if the planning and zoning com-
mission is authorized to approve a detailed plan in accordance with
Article IV of Chapter 35.
SECTION XXI. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by adding
to and revising Subsection (1) to Section 33-184, entitled "Central
PAGE 17
business districts," so that hereafter such subsection shall read
as follows:
Sec. 33-184. Central business districts.
(1) Type. Ground, wall, roof, temporary, wind device, and
projecting signs are permitted in central business dis-
tricts.
[See text of (2) and (3) in existing ordinance]
SECTION XXII. That Chapter 33 of the Code of Ordinances
relating to "Signs and Advertising Devices" is hereby amended by
changing the title of Section 33-211 to "Temporary ground sign" and
amending the text of Section 33-211 so that hereafter this section
shall read as follows:
Section 33-211. Temporary Sign.
A temporary sign shall be considered a ground sign and shall
be permitted only according to the standards for ground signs
except that a temporary sign not larger than thirty two (32) square
feet in effective area need not be permitted if:
(1) The supporting structure of this sign is not larger than
one in which two perimeter dimensions are greater than
four (4) inches or one in which the diameter is not
greater than four (4) inches;
(2) No more than one (1) off-premises sign advertising the
sale or lease of one (1) piece of real property or one
(1) real estate subdivision or development sign is placed
on any one (1) premise;
(3) No temporary sign shall be located within any public
street median or within ten (10) feet of any curbline;
and
(4) The temporary sign shall be removed or cease to be dis-
played within ten (10) days after the event being com-
municated or advertised on the sign has occurred.
SECTION XXIII. That Chapter 33 of the Code of Ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
adding a new Subsection (a) and revising the former introduction
and subsections of Section 33-212, entitled "Wind device signs," so
that hereafter such section shall read as follows:
Sec. 33-212. Wind device signs.
(a) Wind device identification tag. The building official or
PAGE 18
his designee shall issue a registration tag to the wind device per-
mittee. The wind device permittee shall cause the tag to be af-
fixed in a conspicuous place on the permitted wind device.
(b) The provisions of this chapter regulating wind device
signs shall not apply to the following:
(1) Texas or U.S. flags. No permit shall be required
to display one (1) U.S. or one (1) Texas 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) Exempted flag. On a premise, no permit shall be
required to display one (1) flag that meets the
following standards:
a. 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.
b. The exempted flag shall have a maximum effect-
ive area of fifty (50) square feet and a max-
imum 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, S XIV (App. B, Art. 17g.6.), 2-7-89; Ord. No. 91-
048, S XXX, 4-2-91)
SECTION XXIV. That Chapter 33 of the Code of ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
repealing in its entirety Section 33-213 entitled "Replacing or
altering non-conforming ground signs."
SECTION XXV. That Chapter 33 of the Code of Ordinances relat-
ing to "Signs and Advertising Devices" is hereby amended by repeal-
ing Article VI entitled "Illustrations" and including Sections 33-
221 through 33-226 and adopting a new Article VI entitled
"Illustrations" consisting of only Section 33-221 with Subsections
14a through 14e which shall read and be depicted as follows:
PAGE 19
ARTICLE VI. ILLUSTRATIONS.
Sec. 33-221.
Illustration 14a
4&ssTBACKS
ORO IND SIGNS
STREET
I
I
I REQUIRED SETBACK
r
J
•
r
r
-RAC[ Of CURS
PAGE 20
SIGN
Illustration 14b
14b. MEASUREMENT OF HEIGHT
Maximum Heig]
i--- Horizontal Line
SIGN I
1-1 Vertical Line
I
I
I
I
Below Curbline
STREET
CURBLINE
CURBLINE
Above Curbline
IH 35 MEASUREMENT
Maximum Height
40ft.
I
I
SIGN
GROUND LEVEL
Horizontal Line
140ft. 140ft.
I I
I I
I
I
I I
I I
N-- Vertical Line
I I
I I
I I
I I
I I
SIGN
PRINCIPAL LANES
FRONTAGE ROAD
PAGE 21
Illustration 14c
4o.NUMBER AND
.PLACEMENT PROPERTY B.
( LESS THAN 000')
GROUND SIGNS I SIGN. 8
00' SOUARS FEET
M Q
PROPERTY A. IL
i (0000+ OF FRONTAGE)
OR / sew 120 BOUARE FEET MAXIMUM.
i 2 BIONS, so BOUARE FEET EACH, MAXIMUM.
SEMI Sm M
4-- WSEPAMTWN
' YORE THAN 000_0
STREET FRONTAoa
Illustration 14d
14d.
v
sasacE /
Hn.
~NNhM► pe~iN
PAGE 22
Illustration 14e
4..EFFECTIVE AREA
EXCEPTIONS
SECTION XXVI. That Chapter 33 of the Code of Ordinances
relating to "Signs and Advertising Devices" is hereby amended by
adding to and revising Section 33-253, entitled "Sign plan" so that
hereafter such section shall read as follows:
Sec. 33-253. Sign plan.
The sign plan for the district shall show, in the form and
manner specified by the department, the location, setback, size,
dimensions, height of all signs regulated by this chapter, any
other conditions, restrictions, or regulations that will apply to
the district, and any other information specified by the depart-
ment, the commission, or council needed to adequately evaluate the
sign plan. Such information may include, but is not limited to,
information concerning the items noted in Section 33-254.
SECTION XXVII. That Chapter 33 of the Code of Ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by con-
solidating Section 33-254 entitled, "Review of plan" and Section
33-255 entitled, "Creation" and by adding to and revising such
sections into a new Section 33-254 entitled, "Creation, Review of
Plan, Criteria" so that hereafter such section shall read as
follows:
PAGE 23
EFFECTIVE AREA EFFECTIVE AREA
Sec. 33-254. Creation, Review of Plan, Criteria.
The council may approve the creation of a sign district for
any property which has more than three hundred (300) feet of con-
tinuous street frontage on one (1) public street if it finds the
district:
(1) Provides a comprehensive plan for signs that would be
clearly superior to what would be allowed without the
plan;
(2) would be compatible with surrounding properties.
In considering whether a district and sign plan is
"compatible" and "clearly superior", the commission and
council shall consider, but are not limited to consider-
ing the following:
(a) Scale. The relationship between and compatibility
of sign scale, site scale and the scale of nearby
buildings.
(b) Color. The relationship between and compatibility
of sign color to the color of nearby buildings and
landscaping: The degree to which sign colors are
complimentary to their surroundings.
(c) Material. The materials of the signs and how they
relate to their surroundings.
(d) Shape. The shape and design of the signs and how
they relate to their surroundings.
(e) Landscaping. The relationship of signs to land-
scaped features in and outside the district.
(f) Traffic Safety and Traffic Circulation. The impact
of the signs on driver's view, the degree to which
view obstructions are created or improved, avoid-
ance of confusion with or obstruction of traffic
control signs and devices, and the time it takes a
motorist to read the sign.
(g) Illumination. The impact and compatibility of sign
illumination within the district and in relation to
neighboring properties. The avoidance of glare and
light pollution.
(h) Integration. How the signs in the district are
integrated into a unified development concept with
the topography, building design, other signs, land-
scaping, traffic circulation and other development
PAGE 24
features of the district and neighboring property.
(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 reg-
ulations; and
(5) Complies with the requirements of this section.
SECTION XXVIII. That Chapter 33 of the Code of ordinances re-
lating to "Signs and Advertising Devices" is hereby amended by
renumbering Section 33-256 entitled "Conditions imposed" so that
hereafter same will be referred to as Section 33-255 and by adding
to and revising new Section 33-255 so that hereafter same shall
read as follows:
Sec. 33-255. Conditions imposed.
The planning and development department and the planning and
zoning commission may recommend and the city council may impose
appropriate conditions concerning the placement, design or use of
signs in the district in order to protect surrounding properties,
the community, and comply with the intent of this chapter.
SECTION XXIX. That Chapter 33 of the Code of ordinances
relating to "Signs and Advertising Devices" is hereby amended by
renumbering Section 33-257 entitled "Procedures" and Section 33-258
entitled "Designation on zoning map" to Sections 33-256 and 33-257
respectively.
SECTION XXX. The provisions of this ordinance are separable,
and the invalidity of any phrase or part of this ordinance shall
not affect the validity or effectiveness of the remainder of the
ordinance.
SECTION XXXI. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION XXXII. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PAGE 25
PASSED AND APPROVED this the day of ,
1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO ?ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
iv,c/ate
PAGE 26