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1991-048signal 10 00 a m March 15 it ORDINANCE NO E/'O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS, AMENDING THE HEIGHT AND SETBACK REGULATIONS FOR GROUND SIGNS ON PRIMARY ARTERIAL STREETS, AMENDING THE LICENSING REQUIREMENTS, AMENDING THE PROVISIONS RELATING TO WIND DEVICE SIGNS, PROVIDING FOR MULTIPLE OCCUPANCY SIGNS, REGULATING WALL SIGNS OVER FIFTEEN FEET IN HEIGHT, PROVIDING FOR THE REMOVAL OF ABANDONED SIGNS AND STRUCTURES, AMENDING THE REGULATIONS FOR STAKE SIGNS, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THERE- OF, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That article 17 A 2 (Definitions) of Appendix B- Zoning of the Code of ordinances is amended by deleting the defini- tion of "Department" SECTION II That article 17 A 2 (Definitions) of Appendix B- Zoning of the Code of Ordinances is amended by amending the following definitions Attached sign 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 Ground Sign 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 Projecting Sign means any sign, other than a wind device sign, which is wholly affixed to or supported by any build- ing wall and which extends beyond the building wall more than twelve (12) inches Roof Sign means any sign, other than a wind device sign, wholly erected on, affixed to, or supported by a roof of a building Sian 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 Stake Sign means a sign whose supporting structure is so designed or shaped, usually by making one end pointed, so as to be erected and 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 reloca- tion A sign erected by the digging out of soil to install the supporting structure or which has a supporting struc- ture larger than 2 inches by 4 inches shall not be consid- ered a stake sign Wind Device sign 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 SECTION III That article 17 A 3 (a) (Signs Not Regulated) of Appendix B-Zoning of the Code of Ordinances is amended as follows (a) Governmental Signs Any sign (1) erected or maintained pursuant to and in discharge of any governmental function, (2) required by law, ordinance, or governmental regu- lation, or (3) located on property owned, leased, or under the control of the federal or state government SECTION IV That article 17 A 3 (f) (Signs Not Regulated) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (f) Holiday Signs Temporary signs containing only holiday messages and no commercial advertising SECTION V That article 17 A 3 (j) (Signs Not Regulated) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows PAGE 2 (j) Private Traffic Control On-premise signs which direct the movement of traffic on private property or warn of obstacles, overhead clearances, or control parking, in- cluding, but not limited to, entrance and exit signs The sign must be less than 10 feet in effective area, less than 6 feet in height, and be placed where they will not interfere with the safe movement of vehicles or pedestrians SECTION VI That article 17 A 3 (1) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (1) Signs on Outdoor Machines Devices and Equipment Signs located on outdoor machines, devices, or equip- ment which display the trademark, trade name, manufac- turer, 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 SECTION VII That article 17 A 3 (Signs Not Regulated) of Appendix B-Zoning of the Code of Ordinances is amended by adding a new paragraph (m) to read as follows (m) Athletic fields Signs located on the field side of scoreboards and fences of athletic fields SECTION VIII That article 17 A 4 (d) (Prohibited Signs) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (d) Signs on Public Property 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 the City to advertise annual community events PAGE 3 SECTION IX That article 17 A 4 (1) (1) (Prohibited Signs) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (1) Are illuminated in such a 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 enjoy- ment of residential property, or SECTION X That article 17 A 4 (j) of Appendix B-Zoning of the Code of Ordinances, prohibiting the use of inflatable devices, is repealed SECTION XI That article 17 A 6 (b) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 6 Licensina (b) Any person who makes proper application, pays the fee, and passes an examination, shall be issued a license, valid for two years The written examina- tion shall test the applicant's general knowledge of the sign regulations SECTION XII That article 17 A 6 (e) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 6 Licensing (e) 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 SECTION XIII That article 17 A of Appendix B-Zoning of the Code of Ordinances is amended by adding a new subparagraph 7 to read as follows 7 Amendments The regulations of this article shall be considered to be part of the zoning regulations of the City of Denton, adopted under the authority of Chapter PAGE 4 211 of the Local Government Code, as amended Amendments to this article shall comply with the requirements of State law and City ordinances applicable to amendments to zoning regulations SECTION XIV That article 17 of Code of Ordinances is amended B 1 of Appendix B-Zoning of the to read as follows 1 Permit Required for Signs (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 article The administering offi- cial or employee shall not issue a permit for a sign that does not comply with the requirements of this article (b) It shall be unlawful for any person to make use of a sign required to be licensed by the State Depart- ment 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 (c) A sign permit shall not be required to periodically change only the letters, numbers, or message por- tion 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 SECTION XV That article 17 B 2 (Exceptions to Permit Re- quirements) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 2 Exceptions to Permit Reauirement The following signs shall be exempt from the permit requirements of this article (a) Wall signs fifteen (15) feet or less in height (b) Legal notices PAGE 5 (c) State, national, and premise identification flags as specified in this article (d) Signs painted on glass surfaces of windows or doors (e) Stake signs SECTION XVI That article 17 B 5, 6, and 7 of Appendix B- Zoning of the Code of Ordinances are amended to read as follows 5 Duration of Permits (a) Ground and Attached Signs A permit issued for a ground or attached sign, other than those licensed by the State, shall terminate 180 days after issu- ance (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 Trans- portation under article 4477-9a, Tex Rev Civ Stat , as amended, shall be valid for the location designated on the application for one 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 Signs A permit for wind device signs shall be valid for thirty (30) consecutive days 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 6 Revocation of Permit, Appeals A sign permit may be revoked for a violation of any provision of this article 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 of an owner of a sign for which the City has issued a permit, the sign permit for the sign shall terminate when the license revocation becomes final 7 Transfer of State Outdoor Advertising Sign Permits Sign permits initially issued by the State Department of Highways and Public Transportation and now issued by the PAGE 6 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 approved by the city SECTION XVII That article 17 D 1 (d) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (d) Number of Ground Signs Only one ground sign shall be located on any one premise, except as follows (1) Any premise having frontage on more than one freeway, arterial or collector street may locate one on-premise ground sign in the defined front yard of each street, provided that neither sign is located within that area that includes the over- lapping front yards of both streets (2) 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 fraction thereof, if each additional sign permuted 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 points on the curbline which are nearest the two signs SECTION XVIII That article 17 D 1 (e) (Materials for Ground Signs) of Appendix B-Zoning of the Code of Ordinances is repealed SECTION XIX That article 17 D 2 (b) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (b) Size and Height of Ground Signs (1) Ground signs shall have a maximum effective area and maximum height based on the street frontage of the property where located, as follows PAGE 7 Street Frontage I H 35N, 35E, or 35W Loop 288 Other Primary arterials Maximum Effective Maximum Area Height 250 sq ft 40 ft 150 30 60 20* All other streets 60 6 *Except for the Central Business districts (2) Any premise may make use of one on-premise ground sign of a maximum height of fifteen (15) feet and an effective area of one hundred twenty (120) square feet, in lieu of any two permitted ground signs (3) For any premise which has frontage on a prima- ry arterial street and has more than one ten- ant or occupant in separate offices, rooms, or buildings, the effective area of one ground sign, if used to advertise more than one ten- ant or occupant, may be increased above 60 square feet by 0 5 sq feet for each foot of frontage on the primary arterial, but not in excess of 150 square feet SECTION XX That article 17 D 2 (c) of Appendix B-Zoning of the Code of ordinances is amended to read as follows (c) Setbacks Ground and projecting signs shall main- tain 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 (1) A ground sign may make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1989, with- out regard to the side and rear yard setbacks specified herein, if the sign so placed would not violate any other provision of this arti- cle (2) On properties fronting primary arterials, the minimum setback of twenty (20) feet for ground PAGE 8 signs may be reduced up to a minimum of 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) SECTION XXI That article 17 D 2 (d) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (d) Number Only one on-premise ground sign shall be lo- cated on any one premise, except as follows (1) Any premise which has frontage upon more than one freeway, arterial or collector street, may locate one on-premise ground sign in the defined front yard of each arterial or collec- tor street, provided that neither sign is located within that area that includes the overlapping front yards of both streets (2) Any premise which has more than 500 feet of public street frontage on a freeway, arterial or collector street may make use of one addi- tional on-premise ground sign for each addi- tional 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 points on the curbline which are nearest the two signs (See Appendix Illustration 14c) SECTION XXII That article 17 D 2 (e) (2) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (2) 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 100 feet Internally Illuminated 200 feet Externally Illuminated 500 feet PAGE 9 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 single- family residence located on the same premise SECTION XXIII That article 17 D 2 (f) (Material for Ground Signs) of Appendix B-Zoning of the Code of ordinances is repealed SECTION XXIV That article 17 E 1 of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 1 Roof Signs, Projection Roof signs and their supporting structures shall not extend laterally beyond the exterior walls of the building and shall have a maximum height and effective area as follows Maximum Number of Stories Maximum Height Effective Area 1 55% of bldg height 60 sq ft 2 36% 75 sq ft 3 to 5 30% 6 to 9 25% 10 to 15 23% 16 or more 40 feet *For each story above 2 stories, the effective area of the sign may be increased by 15 square feet per story, to a maximum of 250 square feet SECTION XXV That article 17 E 2 of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 2 Projecting Signs (b) Height 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 PAGE 10 SECTION XXVI That article 17 G 1 (c) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows (c) Effective Area All signs on a single supporting structure shall be measured together as though they were one sign to determine the total effective area, except that signs separated by more than 36 inches of air space at every point between the signs shall be measured separately and added together to determine the total effective area SECTION XXVII That article 17 G 2 (Abandoned Signs) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 2 Abandoned Sians and Suooorting Structures The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirements (a) If it is an abandoned portable sign, remove it within thirty days of the date it becomes aban- doned (b) 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 sign 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 months of the date it becomes abandoned, as neces- sary to comply with the requirements of this arti- cle (c) 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 struc- ture 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 re- quirements If a supporting structure that does not meet the size, height, and setback requirements applicable to ground signs is abandoned after June PAGE 11 1, 1991, the owner shall remove, modify, or relo- cate the supporting structure within six months of the date the supporting structure becomes abandoned as necessary to comply with those requirements In determining whether the supporting structure com- plies 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) Any abandoned sign or abandoned supporting struc- ture 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 provi- sions applicable to the removal of unlawful signs (e) As used in this section, abandoned supporting structure means the poles, beams, cables, or other materials that are used or once were used to sup- port an abandoned sign (f) If a ground or attached sign that conforms to the regulations of this article is abandoned, the owner shall either remove the sign and supporting struc- ture 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, with- in ninety days of the date it becomes abandoned SECTION XXVIII That article 17 G 3 (Clearance from Elec- trical Lines) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 3 Clearance from Electrical Lines All signs shall comply with the provisions of the latest edition of the National Electric Safety Code SECTION XXIX That article 17 G 5 (Sign Maintenance) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 5 Sian Maintenance It shall be unlawful for any person to erect, locate, or keep any dilapidated or deteriorated sign PAGE 12 SECTION XXX That article 17 G 6 (Wind Device Signs) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 6 Flags The provisions of this article regulating wind device signs shall not apply to the following (a) State or National Flags No permit shall be re- quired to display one national or one 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 (b) Premise Identification Flag No permit shall be required to display one flag on one 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 main- tain 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 SECTION XXXI That article 17 G 7 of Appendix B-Zoning of the Code of Ordinances is amended to read as follows 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 SECTION XXXII That article 17 G (Special Provisions) of Appendix B-Zoning of the Code of Ordinances is amended by adding a new paragraph 9, to read as follows 9 Inflatable Devices The following regulations shall apply to any balloon or other type of inflatable device used as a sign PAGE 13 (a) It shall be securely anchored at all times (b) 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 high- est part of the roof (c) It shall street or not under SECTION XXXIII of Appendix B-Zoning as follows not be allowed to extend over any public right-of-way or over any other property the control of the permittee That article 17 H 5 (Nonconforming Signs) of the Code of Ordinances is amended to read 5 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 percent (60%) of the reproduc- tion cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, dam- aged, dilapidated or deteriorated No person shall repair, renovate, or alter a nonconforming sign without first receiving a sign permit SECTION XXXIV That article 17 of Appendix B-Zoning of the Code of Ordinances is amended to add a new paragraph K to read as follows K SPECIAL SIGN DISTRICTS Purpose 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 Application and Plans Any person requesting the crea- tion 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 PAGE 14 3 Sian Plan The sign plan for the district shall show, in the form and manner specified by the department, the location, setback, size, and height, of all signs regu- lated by this article and any other conditions, restric- tions, or regulations that will apply to the district 4 Review of Plan In considering a district and sign plan, the Commission and Council shall consider, but are not limited to considering, the following (a) Scale The relationship between sign scale and site scale (b) Color The relationship of sign color to the color of property, buildings, and landscaping (c) Material and Shape The materials and shapes of signs and how they relate to their surroundings (d) Landscaping The relationship of signs to land- scaped features in and outside the district (e) Illumination The impact and compatibility of sign illumination (f) Integration How the signs in the district are integrated into a unified development concept with the topography, building design, landscaping, traffic circulation and other development features 5 Creation The Council may approve the creation of a sign district for any property which has more than 600 feet of continuous street frontage on one public street if it finds the district (a) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed with- out the plan, (b) Would be compatible with surrounding properties, (c) Is not being used merely to avoid or gain a vari- ance of the sign regulations, (d) Does not violate the spirit or intent of the sign regulations, and (e) Complies with the requirements of this section PAGE 15 6 Conditions Imposed The Planning and Zoning Commission may recommend and the City Council may impose appropriate conditions concerning the placement or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of this section 7 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 8 Designation on Zoning May Property approved as a special sign district shall be shown on the official zoning map with the abbreviated designation "SD" SECTION XXXV That the fees authorized by article 17 are established as follows Application for a Special Sign District $150 00 Permit for Wind Device Signs 20 00 Transfer of City Permit for Sign Licensed by the State 25 00 SECTION XXXVI That the provisions of this ordinance are severable and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance SECTION XXXVII That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION XXXVIII 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 16 PASSED AND APPROVED this the az day of , 1991 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY -Z' rVv,-- e- PAGE 17