1990-051AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF
APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS TO
PROVIDE FOR ANNUAL PERMITS FOR SIGNS FOR WHICH A STATE LICENSE IS
REQUIRED; PROVIDING FOR THE REVOCATION OF A CITY SIGN PERMIT FOR
WHICH THE STATE LICENSE IS REVOKED; PROVIDING FOR THE TRANSFER OF
STATE PERMITS; PROVIDING FOR MINIMUM WIND LOADS FOR SIGNS;
PROHIBITING THE USE OF STATE RIGHT-OF-WAY FOR SIGN MAINTENANCE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 89-017, the City Council amended the
sign regulations of the city of Denton to provide for the
regulation of signs located along certain highways which were
previously regulated by the State; and
WHEREAS, further amendments are necessary in order for the
city to receive State certification of its sign ordinance; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That article 17 A. 2. ("Definitions") of Appendix
B-zoning is amended by adding a new definition to read as follows:
Department means the State Department of Highways and Public
Transportation, or its successor agency.
SECTION II. That article 17 A. 6. ("Licensing") of Appendix
B - Zoning is amended by adding a new paragraph (e) to read as
follows:
(e) The license required by the City is in addition to any
license required by State law to be issued by the
Department for the ownership of off-premise outdoor
advertising signs.
SECTION III. That numbered paragraphs 5 and 6 of article
17 B. ("Permits"), of Appendix B - Zoning are amended to read as
follows:
5. Duration of Permits. Other than permits for wind
device signs and permits for signs issued under a license
issued by the Department as required by article 4477-9a, Tex.
Rev. civ. Stat., as amended, every permit issued for a sign
shall expire by limitation and be null and void after 180 days
from the date of the issuance of the permit. Sign permits
issued by the City to a person required to also have a license
issued by the Department under article 4477-9a, shall be valid
for the location indicated and as designated on the
application for the permit for one year so long as the sign is
duly erected and legally maintained, provided that if the
State acquires the sign for which the permit was issued or if
the sign is removed for any reason, the permit thereupon
terminates.
6. Revocation of Permit; Appeals. The Building Official
is hereby granted the power to revoke any and all sign permits
for violation of any provision of this article. Any permit
holder wishing to appeal the decision and order of the
Building Official revoking a sign permit may appeal the same
to the Board of Adjustment in accordance with the laws,
ordinances, regulations and procedures governing other matters
appealed to the Board. If the Department revokes a license
issued by the Department, the City shall, upon notice from the
Department, revoke any sign permit issued by the City under
that license.
SECTION III. That article 17 B. ("Permits"), Appendix B -
zoning is amended by adding a new paragraph 7 to read as follows:
7. Transfer of State Outdoor Advertisinq Siqn Permits.
Sign permits issued by the Department or the City for signs
licensed 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 IV. That article 17 G. ("Special Provisions") of
Appendix B-Zoning is amended by adding new paragraphs 7 and 8 to
read as follows:
7. Wind Loads. All 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.
8. Use of State Riqht-of-Way. No person shall cross or
park a vehicle on a State right-of-way for the purpose of
maintaining a sign adjacent to the right-of-way.
SECTION V. 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 VI. 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 VII. 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. B~d ~
PASSED AND APPROVED this the ay of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO 1-,EGAI, FORM:
DEBI~ ADJM-'~II DP-.AYOVITCH, CITY ATTORNEY