1991-156W:ALL0006D WP5
260 6 1
ORDINANCE NO 9l ljZ&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGU-
LATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES TO ALLOW THE TEM-
PORARY USE OF A SIGN THAT REPLACES OR ALTERS A NONCONFORMING GROUND
SIGN, PROVIDING FOR PERMIT PROCEDURES AND REQUIRING SECURITY TO IN-
SURE COMPLIANCE, AMENDING THE CRITERIA FOR RECEIVING A VARIANCE AND
ALLOWING THE SIGN BOARD OF APPEALS TO IMPOSE CONDITIONS, PROVIDING
FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF, AND PRO-
VIDING FOR AN EFFECTIVE DATE
WHEREAS, the present sign ordinance prohibits the replacement
or alteration of a nonconforming sign unless the replaced or al-
tered sign complies with the standards of this Chapter, and
WHEREAS, the Planning and Zoning Commission has recommended
that the sign regulations be amended to allow a property owner to
temporarily use a sign that replaces or alters a nonconforming
ground sign, and
WHEREAS, the Planning and Zoning Commission has recommended
that the criteria for granting a variance from the sign regulations
be amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Division 5 ("Temporary Signs") of Chapter 33
of the Code of ordinances is amended by adding a new section 33-213
to read as follows
Sao 33-213. Replacing or Altering Nonconforming
Ground Signs.
This section allows a property owner to replace or alter
a nonconforming ground sign and make use of the new or
altered sign until January 1, 1996, without conforming
the sign to the regulations of this Chapter
(a) Permitting Requirements
(1) Permit An owner may replace or alter a non-
conforming ground sign and make use of the new or al-
tered sign by receiving a temporary use permit from
the City The permit may only be issued to the owner
of the real property where the sign is located The
permit shall apply to all signs on one supporting
structure other signs on the same supporting struc-
ture may also be replaced or altered and used under
the same permit No temporary use permit shall be
issued for an abandoned or illegal sign or an aban-
doned supporting structure
(2) Bee, eeourity, and Agreement To receive a tempo-
rary use permit, the property owner must submit the
application and fee and a bond or cash deposit to
cover the cost of removal, transportation, and dis-
posal of the sign should the owner fail to remove or
alter the sign as required by this section Bonds
must be on forms provided by the City The amount of
the bond or cash deposit shall be determined by the
City The property owner must also agree, in writing,
to remove the sign upon expiration of the permit
(3) Transfer The permit may be transferred to a new
property owner upon payment of a transfer fee and the
receipt of a new bond and agreement executed by the
new owner
(4) Duration A temporary use permit shall be valid
for one year, renewable prior to expiration, for ad-
ditional one year terms, but all temporary use permits
shall expire on January 1, 1996 If the sign covered
by a temporary use permit is abandoned, the permit
expires on the date of abandonment
(5) Work Permit The work performed to replace or al-
ter a sign under a temporary use permit must be per-
formed pursuant to a 180-day permit as required by
this Chapter, but no work permit shall be valid beyond
the expiration date of the temporary use permit
(b) Regulations for Use A sign covered by a temporary
use permit must have the same effective area, height, and
shape and be used and placed so as not to create a new
violation or increase the degree of existing violation of
this Chapter The new or altered sign must make use of
the same supporting structure as the sign it replaces or
alters, without replacement or alteration of the support-
ing structure
(c) Removal The property owner shall either remove the
sign covered by a temporary use permit or alter it to
conform to the requirements of this Chapter within thirty
(30) days of the date the temporary use permit for that
sign expires
(d) Conflicts The provisions of this section shall con-
trol over any other conflicting provisions of this Chap-
ter
PAGE 2
SECTION II That section 33-65 (a) of Division 3 of Chapter
33, as amended by Ordinance No 91-048, is further amended to read
as follows
see. 33-65. Duration.
(a) Ground or Attached Signs Except as otherwise pro-
vided in this Chapter, a permit issued for a ground or
attached sign shall terminate 180 days after issuance
SECTION III That the annual fee for the temporary use permit
authorized by section 33-213 shall be $35 00
SECTION IV That the fee for transferring a permit from one
property owner to another as authorized by section 33-213 shall be
$5 00
SECTION V. That Chapter 33 of the Code of ordinances, as
amended by ordinance number 90-182, is further amended by amending
paragraphs 4 (c) and (d) of Section II of Ordinance No 90-182,
relating to variances, to read as follows
4 Variances to the Sign Regulations
(c) The Board may grant a variance from a require-
ment of this chapter if it finds all the following exist
(1) Due to some unique condition or feature of the
property which is not generally common to other
properties, literal compliance with the sign regula-
tion would cause unnecessary hardship,
(2) The granting of the variance will not violate the
spirit or the intent of the ordinance, and
(3) The condition or feature which creates the need
for the variance did not result from the property
owner's acts
(d) The Board shall not grant a variance to any applicant
solely for personal convenience, financial hardship, or other rea-
sons unrelated to the property If the board grants a variance,
the variance shall be granted only to the extent that is reasonably
necessary to remedy the hardship The board may impose conditions
relating to the use of the sign for which a variance is granted
SECTION VI The provisions of this ordinance are separable,
and the invalidity of any phrase or part of this ordinance shall
PAGE 3
not affect the validity or effectiveness of the remainder of the
ordinance
SECTION VII 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 VIII That this ordinance shall become effective four-
teen (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 news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage
PASSED AND APPROVED this the day of 1991
CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROTEI~ AS % LEGAL FORM
DEBRA 1~f DRA}~VITCH, CITY ATTORNEY
BY
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