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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