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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 PAGE 4