1989-017NOTE AMENDED BY 93-029 A COPY OF WHICH IS ATTACHED
NO -D _
THIS ORDINANCE HAS BEEN AMENDED BY ORDINANCE NO 89-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF
APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS,
PROHIBITING PORTABLE AND INFLATABLE SIGNS, AMENDING THE SIZE,
HEIGHT, AND SPACING REGULATIONS FOR GROUND SIGNS, AMENDING THE
REGULATIONS APPLICABLE TO ILLUMINATED SIGNS, PROVIDING FOR THE
LICENSING OF SIGN CONTRACTORS, PROVIDING FOR PERMITS FOR WIND
DEVICE SIGNS, PROVIDING FOR THE REMOVAL OF ABANDONED SIGNS,
PROVIDING FOR REGULATIONS FOR STAKE SIGNS, PROVIDING FOR THE
REGISTRATION OF NONCONFORMING PORTABLE SIGNS, 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, the City Council appointed a Blue Ribbon
Beautification Task Force for the purpose of studying, developing,
and recommending actions to be taken to enhance the overall
appearance of the City, and
WHEREAS, in performance of its charge, the Task Force has
recommended amendments of the regulation applicable to signs within
the City of Denton, and
WHEREAS, on January 25, 1989, the Planning and Zoning
commission, after holding a public hearing for which notice was
given as required by law, recommended adoption of the amendments,
and
WHEREAS, the City Council, after having received and
considered the report of the Task Force and the recommendation of
the Planning and Zoning Commission, and after having held a public
hearing for which public notice was given as required by law, has
found and determined that this ordinance amending the sign
regulations of the City of Denton would substantially enhance the
overall appearance of the City and would further the goal of
protecting the health, safety, and welfare of the community, 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 to read as follows
2 Definitions The following words, as used in this
article, shall have the meanings respectively ascribed to
them, as follows
oned sign means a sign
(a) which, for at least six (6) continuous months, does
not identify or advertise a bona fide business,
lessor, service, owner, product, or activity,
(b) for which no legal owner can be found, or
(c) which pertains to a time, event, or purpose which
no longer applies
Advertising means to convey information to, seek the
attraction of, or to direct the attention of, the public
to any location, event, person, activity, goods,
services, or merchandise
Attached sign means any sign attached to, on or supported
by any part of a building (such as a wall, roof, window,
canopy, awning, or marquee) which encloses or covers
usable space Wall, roof, and projecting signs shall be
considered attached signs
Curbline means an imaginary line drawn along and parallel
to the outermost part or back of the curb and gutter on
either side of a public street, or, if there is no curb
and gutter, along and parallel to the outermost portion
of the paved street, or, if there is no paved street,
along and parallel to the outermost edge of the traveled
portion of the street
Dilapidated or Deteriorated Sign means a sign
(a) Where any portion of the finished material, surface,
or message portion of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered,
defective, or is otherwise visibly deteriorated or
in a state of disrepair so as not to substantially
appear as it was intended or designed to appear when
originally constructed,
(b) Whose elements or the structural support or frame
members are visibly bent, broken, dented, or torn,
twisted, leaning, or at angles other than those at
which it was originally erected (such as may result
from being blown or by the failure of a structural
support)
Effective area means the area enclosed by the smallest
imaginary parallelogram which would fully contain all
portions of the sign when rotated horizontally around the
sign The effective area shall not include that portion
SIGNS/Page 2
of the supporting structure which is used solely for
support of the sign and which is not an integral part of
the sign, such as poles, columns, and cables, but shall
include all decorative or ornamental elements and
features, borders, trims, or other materials or portion
of the sign or supporting structure which is an integral
part of the sign (See Appendix Illustration No 14e and
14f)
Ground Sian means a 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
off-Premise sign means any sign advertising a business,
activity, goods, products or services not usually located
on the premises where the sign is located or which
directs persons to any premise other than where the sign
is located
On-Premise Sian means any sign advertising the business,
person, activity, goods, products or services primarily
located, sold or offered for sale on the premises where
the sign is located A sign which promotes or displays
a political, religious or ideological thought, belief,
opinion or other noncommercial message shall be
considered an on-premise sign
Portable Sian means a sign whose principal supporting
structure is intended, by design, use, or construction,
to be used by resting upon the ground for support and
which may be easily moved or relocated for reuse
Portable signs shall include, but not be limited to,
signs mounted upon or designed to be mounted upon a
trailer, bench, wheeled carrier or other non-motorized
mobile structure with or without wheels, and A-frame and
other similar signs, resting or leaning on the ground or
other structures, but not permanently attached thereto
Premise means
(a) for any developed property, the area of real
property which encompasses all the buildings,
structures, appurtenances, and land held under
common ownership and devoted to a common use, such
as a shopping center, or
(b) for undeveloped property, the area of real property
designated as a lot on a plat approved in accordance
SIGNS/Page 3
with law and filed with the County Clerk's Office,
or an unplatted tract of land as conveyed by deed
or operation of law and recorded in the deed records
of Denton County, Texas
Projecting Sian means any sign which is wholly affixed
to or supported by any building wall, and which extends
beyond the building wall more than twelve (12) inches
goof Sign means any sign wholly erected on, affixed to,
constructed on, maintained upon, supported by, or located
upon any roof of any building
Sian means and includes any surface, fabric, material,
or device visible from any public street, which bears or
is used to display any letter, word, figure, character,
mark, design, picture, illustration, light, insignia, or
information for advertising "One sign" or "a sign"
means any number of signs located on or supported by a
single or common supporting structure
Stake Sian means a sign whose principal 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 so as
to allow quick and easy placement, removal or relocation
Supporting Structure means any pole, post, cable,
foundation, or other supporting structural materials or
fixtures arranged, designed, or used to hold, secure or
support a sign, or part thereof, and which is not
imprinted or labeled with any pictures, symbols, letters,
numbers, or words in excess of one inch in height, nor
is internally or decoratively illuminated
Wall Sign means any sign wholly affixed to, supported
by, or painted upon the wall of any building, and which
is not a projecting sign
Wind Device Sign means any flag, banner, pennant,
streamer or similar sign made of cloth, canvas, plastic,
or other flexible material, with or without a frame or
other supporting structure, that moves or is designed to
move freely in the wind
SECTION II That article 17 A 4 (d) of Appendix B-Zoning
is amended to read as follows
(d) Signs on Public Property Any ground or attached sign
located on, over, or within a public street, sidewalk,
alley, right-of-way, street lamp, utility pole, hydrant,
SIGNS/Page 4
bridge, building or structure, traffic or street sign or
device or other public property, except for projecting
signs in central business districts as specifically
permitted in this article, markings made on public
sidewalks with water-soluble materials as otherwise
permitted by the Code of Ordinances, or to wind device
signs placed over a public street by or with the consent
of the City to advertise annual community events for a
temporary period of time
SECTION III. That article 17 A 4 (1) of Appendix B-Zoning
is amended to read as follows
(i) certain illuminated signs Signs, illuminated from
within or without, and which
(1) are illuminated in such a manner, to such intensity,
or not properly shielded, so as to potentially impair or
interfere with the vision of any driver of any motor
vehicle upon a public street, or
(2) have any type of intermittent illumination, including
flashing, fading, revolving or blinking lights, or any
type of moving, travelling, or changing message by means
of illumination, excluding temporary Christmas lights and
lights used for time and temperature signs
ION IV. That article 17 A 4 (7) of Appendix B - Zoning
is amended to read as follows
(j) inflatable devices signs which are inflatable devices
anchored to the ground, a building, or a structure
SECTION V That article 17 A 4 of Appendix B-Zoning is
amended by adding a new paragraph (k) to read as follows
(k) Portable signs. Any portable sign which is not a
properly registered nonconforming portable sign as
provided for in this article
SECTION VI. That article 17 A of Appendix B - Zoning is
amended by adding a new paragraph 6 to read as follows
6 Licensing
(a) It shall be unlawful for any person to erect, construct,
place, locate, reconstruct, repair, replace, or service
any ground, roof, or projecting sign for compensation
without first having obtained a license for such work
from the Building official as provided herein The
provisions of the section requiring a license for such
SIGNS/Page 5
work shall not apply to an employee of a person holding
a license under this section
(b) Any person making application for a license shall be
issued a license, valid for one year, upon paying the
applicable fee and passing a written examination testing
the applicant's general knowledge of the provisions of
this article The examination shall be administered in
accordance with the rules and procedures established by
the Building official
(c) The Building official may revoke, upon prior written
notice to the licensee, any license granted where it is
found that the application made was knowingly false or
that the licensee, after having determined by the
Building Official to have violated any provision of this
ordinance, failed to correct the violation within
fourteen (14) days after the date written notice of the
violation was sent to the address of the licensee, as
shown on the license
(d) Any person may appeal a denial, proposed revocation, or
revocation of a license to the Board of Adjustment in
accordance with the rules applicable to decisions of the
Building official, as provided for in Appendix B-Zoning
SECTION VII. That article 17 B 2 of Appendix B-Zoning is
amended to read as follows
2 Exceptions to Permit Reouirement The following types
of signs shall be exempt from the permit requirements of this
article
(a) Legally nonconforming signs as defined herein
(b) Wall signs, legal notices, and building address
numbers
(c) State, national, or corporate flags as otherwise
specified in this article
(d) Signs painted on glass surfaces of windows or doors
(e) Stake signs
SECTION VIII. That article 17 B 4 and 5 of Appendix
B-Zoning are amended to read as follows
4 Permit Fee. If the plans and specifications for a
sign set forth in any application for a permit conform to all
of the requirements of this article and any other ordinance
SIGNS/Page 6
applicable thereto, the Building official shall, upon payment
of the applicable permit fee, issue the appropriate permit
5 Duration of Permits other than permits for wind
device signs, 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
SECTION IX. That article 17 C of Appendix B-Zoning is
amended to read as follows
C PORTABLE SIGNS
1 It shall be unlawful for any person to erect, place,
or locate any portable sign on any premise on or after
February 21, 1989
2 Any portable sign lawfully existing upon any premise
before February 21, 1989, in accordance with the provisions
of any prior ordinance, shall be allowed to remain on that
premise as a nonconforming portable sign if properly
registered and continuously maintained in accordance with the
provisions of this article
3 A nonconforming portable sign which is properly
registered in accordance with this article, shall not
(a) Be moved to another premise so as to be visible
from any public street
(b) If removed from any premise for any reason, be
placed on the same premise so as to be visible from
any public street
4 All lawful nonconforming portable signs shall at all
times be securely anchored so as to prevent overturning or
unsafe movement, the sufficiency of such anchorage to be
determined by the Building Official
SECTION X. That article 17 D of Appendix B-Zoning is
amended to read as follows
D REGULATION OF SIGNS BY ZONING DISTRICTS
1 Residential Districts The following regulations
shall apply to A, SF-7, SF-10, SF-13, SF-16, 2-F, MF-R, MF-1
and MF-2 zoning districts, as shown on the official zoning
district map of the City of Denton, as amended
(a) Permitted Type Ground, wall, wind device, and stake
signs are permitted in residential districts Roof,
SIGNS/Page 7
projecting, and off-premise signs are prohibited in
residential districts
(b) Effective Area and Height No ground sign shall have a
effective area greater than fifty (50) feet or a greater
height than six (6) feet
(c) Setbacks All ground signs shall maintain a minimum
distance or setback from the curbline which is equal to
or greater than one-half of the required front yard
setback for the premise where the sign is located, and
shall maintain a minimum distance or setback of ten (10)
feet from all perimeter property lines of the premise
where the sign is located
(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 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 overlapping front yards of both streets
(2) Any premise which has more than five hundred (500)
feet of public street frontage on an arterial or
collector street may make use of one additional sign for
each additional five hundred (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
(e) Materials for Ground Signs All ground signs shall be
constructed of stone, concrete, brick, routed wood planks
or beams, or metal, or similar materials The face or
message portion of the sign may include plastic material
if it does not encompass more than 80% of the effective
area of the sign and the plastic material used is framed
by stone, concrete, brick, routed wood planks or beams,
or metal, or similar materials
2 Nonresidential Districts The following regulations
shall apply to signs in any zoning district designated as a
P, 0, NS, GR, C, LI or HI district, as shown on the official
zoning district map of the City of Denton, as amended
(a) Tyne Ground, wall, roof, stake, wind device, and
projecting signs are permitted in nonresidential
districts
SIGNS/Page 8
(b) Effective Area and Height No ground or roof sign
shall have an effective area greater than sixty (60)
feet and no ground sign shall have a height greater
than six (6) feet, except as follows
(1) A ground sign located on a premise which has
frontage upon U S Interstate Highway 35N, 35E,
or 35W shall not have an effective area greater
than two hundred and fifty (250) square feet
or a height greater than forty (40) feet
(2) A ground sign located on a premise which has
frontage upon State Highway Loop 288 shall not
have an effective area greater than one hundred
and fifty (150) square feet or a height greater
than thirty (30) feet
(3) Any premise permitted to have more than one
on-premise ground sign, shall be permitted one
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
(c) Setbacks, All signs shall maintain a minimum
distance or setback of twenty (20) feet from the
curbline and a minimum distance or setback of ten
(10) feet from any perimeter property line of the
premise upon which the sign is located
(d) Number Only one on-premise ground sign shall be
located on any one premise, except as follows
(1) Any premise which has frontage upon more than
one arterial or collector street, may locate one
on-premise ground sign in the defined front yard of
each arterial or collector 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 an arterial or collector
street may make use of one additional on-premise
ground sign for each additional 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 (See Appendix Illustration 14c)
SIGNS/Page 9
(e) Spacing ReQUirements
(1) Off-Rremise signs
shall be located within
premise ground sign on
street The measuremen
points on the curblines
respective signs, alo:
curbline, and across
intersections
No off-premise ground sign
1500 feet of another off-
the same side of a public
: shall be between the two
which are closest to the
ig and parallel to the
any intervening street
(2) Signs and Residential Structures No sign over
10 feet in height, which is not located on the same
premise where there is a residential structure,
shall be located within the following distances from
the boundary of a residential zoning district or a
premise used for residential purposes
Illuminated 500 feet
Non-illuminated 100 feet
The measurement shall be made in a straight line
from the nearest portion of the supporting structure
at ground level, to the nearest boundary of a
residential zoning district or the property line of
an existing residential structure
(f) Materials for Ground Signs All ground signs,
except those ground signs located on a premise which
has frontage upon U S Interstate Highway 35N, 35E,
35W, or State Highway Loop 288, shall be constructed
of stone, concrete, brick, routed wood planks or
beams, or metal, or similar materials The face or
message portion of the sign may include plastic
material if it does not encompass more than 80% of
the effective area of the sign and the plastic
material used is framed by stone, concrete, brick,
routed wood planks or beams, or metal, or similar
materials
3 Planned Development Districts 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-premise 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
SIGNS/Page 10
Community Development, shall be applied to the district, or
part thereof, for which the regulations were omitted
4 Central Business Districts The following regulations
shall apply to signs in central business zoning districts
(a) TvDe• Ground, wall, roof, stake, and projecting
signs are permitted in central business districts
(b) Effective Area and Height No ground or roof sign
shall have an effective area greater than sixty (60)
feet and no ground sign shall have a height greater
than six (6) feet
(c) Right-of-Way Limitation on Projecting Signs No
projecting sign shall project or extend into the
public right-of-way for a distance of more than ten
(10) feet or within two (2) feet of the nearest
curbline, whichever is more restrictive No
projecting sign, supporting structure, or part
thereof, which extends into the public right-of-way
shall occupy any of the space between the ground
level and eight (8) feet above said ground level in
said right-of-way
SECTION XI That article 17 F 1 and 2 of Appendix
B-Zoning is amended to read as follows
1 Notice and Order Any sign which is erected,
located, or maintained in violation of this article may be
removed by the Building official as provided herein The
Building Official shall deliver or send a written notice and
order to the owner of an unlawful sign or the owner of the
premise where the unlawful sign 1s located A notice and
order sent or delivered to the person listed by the City Tax
Office or Denton County Appraisal District as the owner of the
premise where the unlawful sign is located shall be presumed
to be sufficient The notice and order shall
(a) Describe the nature of the violation,
(b) Order the correction of the violation within a time
specified, which shall not be less than five (5)
business days of the delivery or mailing of the
notice, and
(c) Give notice that the Building Official may remove
and impound the unlawful sign at the owner's expense
if the violation is not corrected within the time
specified
SIGNS/Page 11
2 Removal, Appeals If the person ordered to correct
the violation fails to do so within the time specified, the
Building Official may remove or cause the removal of the
unlawful sign, provided, however, that any person aggrieved
by said notice or order may file an appeal with the Board of
Adjustment in accordance with the provisions applicable for
other appeals from decisions of the Building Official In
case such appeal is timely filed, the procedures applicable
to other appeals shall be followed and the order of the
Building official may be stayed in accordance thereof, pending
the final determination of the Board of Adjustment
SECTION XII. That article 17 F of Appendix B-Zoning is
amended by adding a new paragraph 6 to read as follows
6 Summary Removal of Hazardous Slans Notwithstanding any
other provision of this article, the Building Official may
summarily remove any unlawful sign which, because of its
location or condition, clearly constitutes an immediate 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
placement 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 premise,
or the person responsible for the signs placement, if located,
otherwise, the notice shall be affixed to the sign or other
prominent place on the premise likely to come to the attention
of the owner of the sign or premise Thereafter, the
Building official may remove the sign if no corrective action
is taken in the time specified
SECTION XIII. That article 17 G 1 (b) (1) of Appendix
B-Zoning is amended to read as follows
(1) Draw an imaginary vertical line extending upward from
the closest point on the curbline of the public street
to which the premise has access,
SECTION XIV. That article 17 G 2, 3, 4, 5, and 6 of
Appendix B-Zoning are amended to read as follows
2 Abandoned Signs The owner of the premise on which
there is located any abandoned sign shall
(a) If it is a portable sign, remove the sign within
thirty days of the date it becomes abandoned so that
it is not visible from any public right-of-way
SIGNS/Page 12
(b) If the sign is a ground or attached sign, either
remove the sign and supporting structure so as not to be
visible from any public right-of-way, or paint out, cover, or
remove the face or message portion of the sign so as to leave
the sign and supporting structure neat and unobtrusive in
appearance, within ninety days of the date it becomes
abandoned
3 clearance from Electrical Lines All signs shall be
located a minimum distance of six (6) feet, measured
horizontally, and eight (8) feet, measured vertically, from
any overhead electrical conductors which are energized in
excess of seven hundred and fifty (750) volts The term
"overhead conductors" means any electrical line, either bare
or insulated, installed above the ground
4 Stake Signs
(a) No stake sign shall be larger than thirty two (32)
square feet in effective area
(b) No stake sign shall be located within any public
street median or within ten (10) feet of any
curbline
(c) Any stake sign advertising the sale or lease of real
estate, a garage sale, a candidate or issue to be
voted upon at an election, or other temporary event
or happening, shall be removed by the owner of the
premise if placed thereon by the owner, or if placed
thereon by other than the owner, by the person
responsible for the placement of the sign, within
ten (10) days after the date of the occurrence of
the event advertised
(d) No more than one off-premise stake sign advertising
the sale or lease of one piece of real property or
one real estate subdivision or development shall be
placed on any one premise
5 sign maintenance It shall be unlawful for any
person to erect, locate, or maintain any dilapidated or
deteriorated sign
6 Wind Device Signs No person shall display one or
more wind device signs on any one premise without first
applying for and receiving a permit as required by this
article Permits shall be valid for thirty (30) consecutive
days No more than three (3) permits for any one premise
shall be issued in any one calendar year The provisions of
this section shall not apply to the following
SIGNS/Page 13
(a) State or National Flags Two (2) ground signs used
to display only a national or state flag on any one
premise, for which the number, spacing, height, size, and
permit requirements applicable to ground signs shall not
apply, but to which the setback requirements shall apply
(b) Cornorate Flags One (1) ground sign used to
display only a registered corporate logo flag on any
business premise owned or controlled by the corporation,
for which the number, spacing, and permit requirements
applicable to ground signs shall not apply, but to which
the setback requirements shall apply The corporate flag
shall have a maximum effective area of fifty (50) square
feet and a maximum height of thirty (30) feet, unless it
is located on the same premise where there are one or
more flagpoles used to display only a national or state
flag
SECTION XV That article 17 G 7 of Appendix B-Zoning
is repealed
SECTION XVI That article 17 H 3 of Appendix B-Zoning is
amended to read as follows
3 Registration of Nonconforming Portable Signs On
or after June 1, 1989, it shall be unlawful for any
person to maintain any portable sign on any premise
without having a valid registration tag affixed thereto
as required herein
(a) Annlication for Registration To register a
nonconforming portable sign, application shall be
made to the Building official, on forms provided for
that purpose The application shall be accompanied
by the payment of the applicable fee and shall
contain the name and address of the owner of the
sign, the exact location of the sign, the date of
placement, and any other information reasonably
required by the Building Official
(b) Issuance of Registration Tag If the Building
official determines that the portable sign is a
lawfully nonconforming portable sign, he shall issue
a registration tag to the applicant The owner of
the sign shall cause the tag to be affixed in a
conspicuous place to the corresponding portable sign
registered
(c) Removed or Destroyed Signs Any owner who removes
or causes the removal of any validly registered
nonconforming portable sign from any premise shall,
SIGNS/Page 14
within five (5) business days of its removal, report
the removal to the Building Official
(d) Invalidation of Registration The Building Official
shall invalidate any registration tag for a
nonconforming portable sign when
(1) It is removed from the premises for any reason
(2) It has been damaged or destroyed so as to lose
its nonconforming status as provided in this
article
(3) It has become an abandoned sign
SECTION XVII. That Appendix Illustration No 14a of Appendix
B-Zoning is amended to show as follows
4&SLTBACKS
GROUND SIGNS
NON-RESIDENTIAL*
J
Y
u
s
r
W
a
STREET
LSACK OF CURS
* RESIDENTIAL SETBACK ONE HALF OF THE REOURIED FRONT YARD
SIGNS/Page 15
SECTION XIII That Appendix Illustration No 14c of Appendix
B-Zoning is amended to show as follows
4o.NUMBER AND
PLACEMENT
GROUND SIGNS
PROPERTY S
( LESS THAN 000 I
, 610N
60 SQUARE FEET
PROPERTY A
(600 + OF FRONTAGE)
OR 1 SIGN, 120 SQUARE FEET MAXIMUM ( )
2 SIGNS, 60 SQUARE FEET EACH, MAXIMUM
(=Zm)
400 SEPARATION
4 MORE THAN 600 0
STREET FRONTAGE
EW
s
44
F
Z
O
Q
16
f-
F
SECTION XIX That the Appendix Illustrations of Appendix
B-Zoning are amended to add a new Illustration No 14e to show as
follows
14•.EFFECTIVE
AREA
GROUND SIGNS
20
/
THE EFFECTIVE AREA
OF THIS SIGN 10
250
SOU ARE FEET
SIGNS/Page 16
SECTION XX. That the Appendix Illustrations of Appendix
B-Zoning are amended to add a new Illustration No 14f to show as
follows
4f.EFFECTIVE AREA
EXCEPTIONS
EXCLUDED PROM
EFFECTIVE AREA
INCLUDED IN
EFFECTIVE AREA
SECTION XXI. 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 XXII. That any person violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding
$2000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION XXTII. 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
SIGNS/Page 17
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
PASSED AND APPROVED this the day of 1989
RAY PHEN , MAYOR
ATTEST
J IFER ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
SIGNS/Page 18
January 17, 1989
The Honorable Ray Stephens, Mayor
Members of the Denton City Council
215 East McKinney
Denton, Texas 76201
Dear Mayor Stephens & Council Members
During a special-called meeting on January 16, the Board of Directors
of the Denton Chamber of Commerce unanimously endorsed all proposed
revisions to the City of Denton Sign Ordinance, as recommended by the
Planning & Zoning Commission
On behalf of the Board, we wish to commend the Beautification Task
Force and City Staff for their dedicated and tireless efforts on this project,
and we especially appreciate their cooperation with the Chamber's
Government Relations Committee Our Board feels very encouraged about
the intent of these provisions, and strongly advocates a consistent
enforcement of this ordinance
J D Miller
Chairman of the Board
Ch i• es W Gl rpen er
President
/jJ
414 PARKWAY
W,4 Cam
ott, Chairman
Relations Committee
DENTON CHAMBER OF COMMERCE
P O DRAWER P DENTON TEXAS 762021719 TELEPHONE 8173829693
CM wW WYY[IIY.I
NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN
REGULATIONS OF CHAPTER 17 OF APPENDIX B-ZONING OF THE CODE OF
ORDINANCES TO PROVIDE FOR AMENDED SETBACK REQUIREMENTS FOR GROUND
SIGNS, PROVIDING FOR AN EXCEPTION TO THE SIDE AND REAR YARD
SETBACK REQUIREMENTS FOR SIGNS PLACED ON EXISTING SUPPORTING
STRUCTURES, AMENDING THE SETBACK REQUIREMENTS FOR CERTAIN SIGNS
IN PROXIMITY TO RESIDENTIAL USES, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That article 17 D 1 (c) of Appendix B-Zoning of
the Code of Ordinances is amended to read as follows
(c) Setbacks All ground sign
setback of ten (10) feet fro
or rear yard property line,
may make use of a supporting
that was lawfully erected on
without regard to the si
specified herein, if the sign
any other provision of this
s shall maintain a minimum
m the curbline and any side
except that any ground sign
structure for a ground sign
or before February 21, 1989,
Is or rear yard setbacks
so placed would not violate
article
SECTION II. That article 17 D 2 (c) of Appendix B-Zoning of
the Code of Ordinances is amended to read as follows
(c) Setbacks. All ground and projecting signs shall
maintain a minimum setback of twenty (20) feet from the
curbline and a minimum setback of ten (10) feet from 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 and rear yard setbacks
specified herein, if the sign so placed would not violate
any other provision of this article
SECTION III. 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 Signs over 10 feet in
height which are not located on the same premise where
there is a residential structure shall maintain the
following setbacks from the boundary of a residential
zoning district or a premise used for residential
purposes
Non-illuminated 100 feet
Internally Illuminated 200 feet
Externally Illuminated 500 feet
The measurement shall be made in a straight line from the
nearest portion of the supporting structure at ground
level, to the nearest boundary of a residential zoning
district or the property line of an existing residential
structure
SECTION IV 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
PASSED AND APPROVED this the ~ day of A t"d,u ft
1989
RAY STfPPENS, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
61/ r
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
Page 2
AAAOOFEF
ORDINANCE NO 9,3:Va 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,
33-3, 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-
finance, 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
Sea 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
seo 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
Sea 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
See 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
Seg. 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
Seg. 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
Sea 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
Sea 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
See 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
SEQTI H.211 That Chapter 33 of the Code of Ordinances relat-
ing to O'Signs 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
Sea 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]
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
DONNA'S Y
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-
sea. 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
playing the sign within thirty
becomes abandoned
sign, remove or cease dis-
(30) days of the date it
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
Bee 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,
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 Rrohibited 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 Sign 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
Soo 33-162. Nonresidential districts
The following regulations shall apply to signs in any zoning
district designated as a P, 0, NS, GR, C, OAR, LI or HI district,
as shown on the official zoning district map of the city
(1) Tyge• Ground, wall, roof, temporary, wind device and
projecting signs are permitted in nonresidential
districts
PAGE 15
(2) 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 maximum maximum monument
Frontage Effective Height Sign
Area 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 1s 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
sea 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 andirevising Subsection (1) to Section 33-184, entitled "Central
PAGE 17
business districts," so that hereafter such subsection shall read
as follows
Sec 33-164 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&SETRACKs
GROUND SIGNS
SIGN
REWARD
r
0
M
r
•TD!/T
O/ Cuss
PAGE 20
Illustration 14b
14b MEASUREMENT OF HEIGHT
Mammum Heigl
i- Horizontal Line
SIGN i
Vertical Line
I
I
I
Below Curbhne
I
STREET
CURBLINE
Q3 35 MEASUREMENT
SIGN
Above Curbbne
CURBLINE
Mawmum Height Horizontal Line
I40h 140h. j Ooh
I I I
I I I
SIGN i I I
I I
I I
Vertical Line -~I
1 I I I I I
I
1 I
I
GROUND LEVEL. I
FRONTAGE ROAD
PRINCIPAL LANES
PAGE 21
Illustration 14c
4o.NUMBQR AND
PLACEMENT PROPERTY E
/ L.0• THAN 000 1
GROUND SIGNS , .IRN d
00 $GUAM$ FRRT D
PROPERTY A
1000 + OF FRONTAOR
OR / SIGN, ISO SQUARE FEET MAXIMUM ( )
E SHM,00 SQUARE FEET EACH, MAXIMUM
i N
w wYNT1011
NO NR THAN $to
STREET FRONTAGE
Illustration 14d
14d.
a
IN1.
_r,arl sa.
PAGE 22
Illustration 14e
4e.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
Bea. 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
sea 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-
tinuoup 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) ale 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) Shane. The shape and design of the signs and how
they relate to their surroundings
(e) Landscanina 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
Sao. 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 the6pid day of ,
1993
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO ED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY tiSG 2- ] ,4~)
PAGE 26