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1985-206695L NO 85~OG AN ORDINANCE REPEALING THE EXISTING ARTICLE 17 AND OTHER PROVISIONS RELATING TO SIGNS AND REENACTING A NEW ARTICLE 17 OF APPENDIX B- ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE REGULATING OF SIGNS AND THE PERMITTING THEREOF, PROVIDING FOR A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000 00) FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton finds that the regulation of the size, location, height, use, maintenance, construction and placement of signs and other outdoor advertising devices and structures is necessary to prevent impediments and dangers to drivers and pedestrians upon and along City streets, sidewalks and easements, and WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values, aesthetically damage the overall environment, create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business enterprises, and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which to visit, live and work, and WHEREAS, the City Council of the City of Denton finds that portable or mobile signs present special traffic hazards when towed on public streets or displayed on or along public rights-of-way, act as impediments to the effectiveness of the police and fire departments in performing their duties, present dangers to the health, safety and general welfare of the citizens of the City of Denton because of their mobility and propensity to be blown about if not properly anchored, and, if lighted, present special hazards of electrical use not found in other signs, and WHEREAS, article 1175 (24), Texas Revised Civil Statutes specifically enumerates as one of the powers possessed by the City of Denton is the authority to regulate, license and control or prohibit the erection of signs and billboards, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That article 17 of Appendix B-Zoning of the Code of Ordinances of the City of Denton is hereby in all things repealed SECTION II That a new article 17 of Appendix B-Zoning of the Code of Ordinances of the City of Denton is hereby adopted to hereafter read as follows ARTICLE 17 SIGN REGULATIONS A General Provisions 1 Purpose & Intent 2 Definitions 3 Signs Not Regulated 4 Prohibited Signs 5 Administration & Enforcement B Permits C Portable Signs D Regulation of Signs by Zoning Districts E Regulation of Attached Signs F Removal of Unlawful Signs G Special Provisions 1 Manner of Measurement 2 Setback Clearance Zone 3 Signs on Certain Highways 4 Clearance from Electrical Lines 5 Temporary & Political Signs 6 Sign Maintenance 7 Identification of Signs H Nonconforming Signs I Special Exceptions Allowed J Historical Landmark Signs K Conflicting Provisions A GENERAL PROVISIONS 1 Purpose and Intent It is the purpose of this article to regulate the construction, erection, placement, maintenance, use and removal of private signs within the City of Denton, Texas PAGE 2 It is the intent of this article to regulate signs generally by classifying each sign according to its design and construction and by regulating, based on such classification, the type, number, size, height and setback of signs according to their location in the various zoning districts It is also the intent and determination of the City Council that these regulations be and are the minimum necessary and least burdensome to accomplish the purposes heretofore stated 2 Definitions The following words, as used in this article, shall have the meanings respectively ascribed to them, as follows (a) "Advertising" shall mean to seek the attraction or to direct the attention of the public to any location, event, person, activity, goods, services, or merchandise whatsoever (b) "Business Purposes" shall mean the use of any premise, building, or structure, permanent or temporary, for the purpose of conducting any commercial enterprise or activity (c) "Curb line" shall mean an imaginary line drawn along 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 the outermost portion of the paved roadway, or, if there is no paved roadway, along the edge of the traveled portion of the roadway (d) "Effective area" means the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines which fully contains all extremities of a sign (or signs), exclusive of its supporting structure This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally A viewpoint for this projection is to be taken which gives the lar- gest rectangle of that kind, as the viewpoint is rotated horizontally around the sign If elements of the sign are movable or flexible, as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view (e) "Non-Residential Zoning District" means 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 (f) "Owner" means a person who has legal title, control or possession of property (g) "Premise" shall mean a lot, parcel or tract of real property as shown on a plat approved in accordance with law and filed with the County Clerk's Office or an un- platted tract of land as conveyed by deed or operation of law and recorded in the official deed records of the County Clerk's Office PAGE 3 (h) "Residential Zoning District" means any zoning district designated as an A, SF-7, SF-10, SF-13, SF-16, 2-F, MF-R, MF-1 or MF-2 district as shown on the official zoning district map of the City of Denton (i) "Side Yard Setback Lines" mean the imaginary lines drawn parallel to the side yard lot line or property lines on a premise which delineate the minimum required side yard areas for that premise (j) "Sign" shall mean any flag, light, picture, balloon, letter, word, message, symbol, plaque, billboard, poster, painting, wind device, or similar device or object designed or used for advertising For purposes of this article, particular types of signs are further defined herein as follows (1) "Attached Sign" shall mean 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 signs, roof signs and projecting signs shall be considered attached signs (2) "Dilapidated or Deteriorated Sign" shall mean a sign (aa) Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface, or (bb) Where the structural support or frame members are visibly bent, broken, dented, or torn, or (cc) Where the panel is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition, or (dd) Where the sign, or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support), or (ee) Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions (3) "Ground Sign" shall mean a sign whose principal support is provided by burying, anchoring or other- wise 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 (4) "Off-Premise Sign" shall mean 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 such sign is located PAGE 4 (5) "On-Premise Sign" shall mean any sign advertising the business, person, activity, goods, products or ser- vices 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 ideo- logical thought, belief, opinion or other noncommer- cial message shall be considered an on-premise sign (6) "One Sign" or "A Sign" shall mean any number of signs located on or supported by a single supporting structure (7) "Portable Sign" shall mean a sign whose principal supporting structure is intended, by design or construction, to be used by resting upon the ground for support and which may be easily and quickly 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 with- out wheels, and A-frame signs and other similar signs, or supporting structures thereof, resting or leaning on the ground or other structures, but not permanently attached thereto (8) "Projecting Sign" shall mean any sign which is wholly affixed to, or supported by any building wall, and which extends beyond the building wall more than twelve (1211) inches (9) "Roof Sign" shall mean any sign wholly erected on, affixed to, constructed on, maintained upon, supported by, or located upon any roof of any building (10) "Stake Sign" shall mean a sign whose principal sup- porting 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 (11) "Wall Sign" shall mean any sign wholly affixed to, supported by, or painted upon the wall of any building, and which is not a projecting sign (k) "Supporting Structure" means any pole, post, cable, or other structural fixtures, or parts, so arranged or used so as 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 (1) "Wind Device" means any flag, banner, pennant, streamer or similar device that moves freely in the air 3 Signs Not Regulated Tne following types of signs shall oe exempt from the provisions of this article (a) Governmental Signs Any sign erected or maintained pur- suant to and in discharge of any governmental function or which is required by law, ordinance or governmental regulation (b) Ra~ilwaa Signs Any sign within or on railway property and d or maintained in reference to the operation of such railway. PAGE 5 (c) Utility Signs Signs marking utility or underground communication or transmission lines (d) Vehicle Signs Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer or aircraft on which such sign is displayed is permanently stationed or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft (e) Signs Not Visible From Street Any sign where no part of such in is visible from any public street (f) Holiday or Religious Signs Temporary holiday or religi-'ous signs without commercial advertising (g) Signs on Persons Hand held signs, or signs, symbols or displays on persons or animals (h) Unused Signs Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising (1) Pla5ues Commemorative plaques of recognized historical societies and organizations (7) Private Traffic Control On-premise signs which direct the movement of traffic on private property (such as entrance and exit signs), or warn of obstacles, overhead clearances, or control parking, provided that such signs are less than 10 feet in effective area, are less than 6 feet in height, and are not placed so as to interfere with the safe movement of vehicles or pedestrians (k) Mail Boxes, Newspaper Racks Signs located on mail boxes, newspaper vending machines, and curbside resi- dential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed to, provided, that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic (1) Signs on Outdoor Machines, Device and Equipment Signs located on, attached to or painted upon machines, devices and equipment located or used outdoors which do not generally advertise the business where such machines, devices and equipment are used or located but do, in regard to such machines, devices or equipment, identify its trademark, tradename or manufacturer, give the name or cost of the product or service provided therefrom, or give the operating instructions therefor Such machines, devices and equipment shall include, but not be limited to, coin-operated vending machines, fuel dispensing pumps, telephone booths or facilities, auto- matic teller machines, automotive vacuum cleaners, and other similar self-service outdoor machines, devices or equipment 4 Prohibited Signs It shall be unlawful for any person to erect, construct, maintain, reconstruct, place, locate or make use of any of the following signs for advertising purposes (a) Signs on Private Property Without Consent of Owner Signs located on private property without the consent PAGE 6 of the owner of said premises (b) Parking and Maneuvering Areas Signs which are located in or interferes with the use of a required off-street parking space or maneuvering area (c) U~nsafeSi n s Signs which are, or become deteriorated, i ap~~idated or in danger of falling or otherwise unsafe (d) Signs on Public Property Signs on, over, or within a public steet, sidewalk, alley, street lamp, utility pole, hydrant, tree, shrub, bridge, building or structure, traffic or street sign or device or other public property, provided, however, that this provision shall not apply to projecting signs in central business districts as specifically permitted in this article or signs that are used to advertise annual community events for a temporary period of time for which the City Council has given its express consent (e) Code Compliance Signs which do not comply with any applicable provision of a building code, electrical code, or other applicable code or ordinance of the City (f) Trees and Shrubs Signs located on trees and shrubs (g) Motion Picture Signs Signs which employ a stereoptican or motion picture machine (h) Signs Obscuring or Interfering With View Signs located or illuminated in such a manner as to obscure or other- wise 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 approaching, 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 250 feet along the street (i) Pro~er Shielding of Lighted Signs Signs containing or making use of lights which are not effectively shielded as to prevent beams or rays of lights from being directed at any portion of the traveled way of a public street or which are of such intensity or brilliance, regardless of use, directions or shielding, so as to likely impair or interfere with the vision of any driver of any motor vehicle upon a public street (j) Flashin B11nkin or Travelin Li hts Any sign with ashing, linking or traveling fights, except temporary Christmas lights or signs which have a moving message or which have automatically changing messages 5 Administration and Enforcement The Building Official shall enforce and administer the provisions of this article The Building Official or City Manager may delegate the duties and powers granted to and imposed upon the Building Official by this article B PERMITS 1 Permit Required for Signs it shall be unlawful for any person to place, locate, erect, construct, reconstruct, alter, PAGE 7 maintain, or make use of any sign not exempt from regulation, without having first secured a written permit for such sign from the Building official, except as otherwise provided in this article 2 Exceptions to Permit Requirement The following types of regulated signs shall be exempt from the permit requirements of this article, but must comply with all other applicable regulations of this article (a) Legally nonconforming signs as defined in this article (b) Wall signs, legal notices and building address numbers (c) State or national flags (d) Signs painted on glass surfaces of windows or doors (e) Portable signs (f) Stake signs 3 Application Procedure The application for a sign permit shall be submitted on such forms as the Building Official may pre- scribe and shall be accompanied by such information, drawings and descriptive data as required by the Building official to insure proper regulation of the sign and to insure compliance with this article 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 or law applicable thereto, the Building Official shall, upon payment of the following fee, issue the appropriate permit Effective Area of Si gn (Sq Ft ) Fee 0 to 50 $15 00 over 50 to 100 20 00 over 100 to 200 25 00 over 200 to 300 30 00 over 300 to 400 50 00 over 400 75 00 5 Duration of Permit Unless otherwise revoked, all permits issued for signs shall be valid for an indefinite period of time, except as otherwise provided for in this article PAGE 8 6 Revocation of Permit, Appeals The Building Official is hereby granted the power to revoke any and all sign permits for violation of any provision of this article Any permit holder wishing to appeal the decision and order of the Building Official revoking a sign permit, may appeal the same to the Board of Adjustment in accordance with the laws, ordinances, regulations and procedures governing other matters appealed to the Board C PORTABLE SIGNS 1 Regulations Applicable to all Portable Signs In addition to all other applicable provisions, the following regulations shall apply to all portable signs in all zoning districts (a) Flashin Li hts Prohibited No portable sign shall be se so as to ma ye use o any flashing or intermittent U0212' lights on or in conjunction with such sign (b) Signs Anchored All portable signs used for advertis- ing purposes, when not in transit, shall be securely anchored, so as to prevent overturning or unsafe move- ment, the sufficiency of such anchorage to be determined by the Building Official (c) Maximum Size No portable sign shall be used for advertising which is in excess of 72 square feet of effective area 2 Number of On-Premise Portable Signs Limited No person shall place, erect, maintain or make use of, at any one time, on any one premise, more than two (2) on-premise portable signs for purposes of advertising of an effective area of 25 square feet or less, or more than one (1) on-premise portable sign for purposes of advertising of an effective area of more than 25 square feet 3 Regulation of Off-Premise Portable Signs The following regulations shall apply to all off-premise portable signs used for advertising (a) Number Limited No person shall erect, maintain or make use o more than six off-premise portable signs at any one time to advertise, identify or otherwise give infor- mation relating to the business, activity, event, product or service, whether one or more, located at any one business, store or commercial establishment (b) _Spacing No person shall place, erect, make use of, or ma ain an off-premise portable sign within 250 feet of PAGE 9 another off-premise portable sign In computing the spacing requirement, the measurement shall be made parallel to the nearest curb line and on the same side of the street (c) Identification The owner of an off-premise portable sign shall cause each sign to be conspicuously labeled or marked with the owner's name, address and telephone number (d) Register To Be Kept Every sign owner placing, using or maintaining an off-premise portable sign shall keep a current register or book showing the date or dates when, and location of, the premises where such sign is placed or used No person shall record or register a sign as being used on a date or dates or at a premise when such sign was not so used Every person required to keep a current register or book shall make such register or book available to the Building Official or City enforcement personnel for inspection, upon demand, at any reasonable time D REGULATION OF SIGNS BY ZONING DISTRICTS The following regulations apply to specified signs in the specified zoning districts 1 Residential Districts The following regulations shall apply to signs in all residential zoning districts (a) Type Roof, projecting, portable or off-premise signs are prohibited (b) Height No sign shall have a greater height than 25 feet (c) size No sign shall have an effective area greater than 50 square feet (d) Setback All ground signs shall maintain a minimum distance or setback from the curb line which is equal to or greater than one-half of the required front yard setback for the premise where the sign is located, provided, however, that no ground signs shall be so located as to be within any public right-of-way (e) Number only one ground sign shall be located on one premise, except as follows (1) Any premise fronting more than one public street, which is not an alley, shall be allowed to make use of one ground sign on each separate street frontage (2) Any premise which has more than 100 feet of public street frontage on any one public street (excluding alleys) may make use of one additional ground sign for each additional 100 feet of frontage, or fraction thereof 2 Non-Residential Districts The following regulations shall apply to signs in non-residential zoning districts PAGE 10 (a) Type All types of signs are permitted (b) Height No sign, which is not a roof sign, shall have a height greater than 40 feet, except for signs located along Interstate 35 as permitted by G 3 of this article (c) Size No sign shall have an effective area greater than 400 square feet, except for signs located along Inter- state 35 as permitted by G 3 of this article (d) Setback (1) All ground, portable, stake and projecting signs shall maintain a minimum distance or setback from the curb line, as determined by height and effective area, in accordance with the following 4( 3( Height (ft ) 2( Minimnm Ra1-hack lPf1 30 30 30 20 20 30 10 20 30 n c n ,c n nn n Effective Area (Sq Ft ) (2) All ground signs, in addition to meeting the required setback requirement, shall be so located as not to be within any public right-of-way (3) In determining the required setback, the measurement of the height or effective area of the sign which would require the greatest setback shall be used, provided, however, that, if the determining height or effective area measurement is a dimension that separates two different setback requirements, the least restrictive setback shall be used (e) Number only one ground sign, or supporting structure t ereof, shall be located on any one premise, except as follows (1) Any premise fronting more than one public street, which is not an alley, shall be allowed to make use of one ground sign for each separate street frontage (2) Any premise which has more than 100 feet of public street frontage on any one street (excluding alleys) may make use of one additional ground sign for each additional 100 feet of frontage, or fraction thereof (3) Where any premise contains more than one lawfully permitted business or use in divided buildings, each business or use thereon shall be allowed one or more on-premise signs on the permitted supporting structure 3 Planned Development Districts The regulations for signs located in planned development zoning districts shall be contained in the ordinance or site plan approved for the district, provided, however, should the regulations for signs be omitted from an PAGE 11 ordinance or final development plan approved for a planned develop- ment district, the sign regulations that would be applicable to the most restrictive comparable zoning district classifications, based upon the land uses permitted therein, as determined by the Director of the Department of Planning and Community Development, shall be applied to the district, or part thereof, wherein such regulations were omitted 4 Central Business Districts The following regulations shall apply to signs in Central Business zoning Districts (a) R1 ht-of-Wa Limitation on Pro ectin Signs No projec- ting sign sha project or extend into the public right- of-way for a distance of more than ten feet or within two feet of the nearest curb line, whichever is more restric- tive 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 feet above said ground level in said right-of-way (b) Size No sign shall have an effective area greater than 400 square feet, ht Limitations No ground sign, or supporting (c) Hei l !E structure t erect, shall have a height greater then 40 feet E REGULATION OF ATTACHED SIGNS In addition to any other applicable regulations, the following regulations shall apply to the type of sign specified in all zoning districts 1 Roof Signs, Projection Roof signs, or the supporting structure thereof, shall not extend laterally beyond the exterior walls, or upward beyond the highest point of the roof of the building on which it is located, to a height, as measured from ground level to the highest part of the roof, which is greater than specified below as follows Number of Stories Maximum Height One 558 of bldg height Two 368 of bldg height Three to five 308 of bldg height Six to nine 258 of bldg height Ten to fifteen 238 of bldg height Sixteen or more 40 feet PAGE 12 2 Projecting Signs (a) Construction All projecting signs shall be securely attache to the budding or structure (b) Projection Beyond Roof A projecting sign shall not be erected on the wall of any building so as to project above the roof or parapet wall, or above the roof level where there is no parapet wall, except, a sign erected at a right angle to the building, which does not extend eighteen inches beyond the wall, may be erected to a height not exceeding two feet above the roof or parapet wall or above the roof level where there is no parapet wall A sign attached to a corner of a building and parallel to the vertical line of such corner, shall be deemed to be erected at a right angle to the building wall (c) Size The total square footage of all projecting signs shall not exceed twenty percent (208) of the wall area on which such signs are located 3 Signs on Common Buildings When one or more attached signs are located on a building which is divided and contains more than one business or use, the regulation of such attached signs speci- fled herein, as to size and projection, shall apply separately to the part of the exterior walls which contain that business or use F REMOVAL OF UNLAWFUL SIGNS 1 Notice and Order The Building Official shall deliver or send a written notice to the owner of an unlawful sign or premises where such sign is located, ordering the removal of such sign and its supporting structure within ten (10) days of delivery or mailing of the notice and order For purposes of this provision, the name of the person listed by the City Tax Assessor/Collector, or other local taxing jurisdiction, for tax purposes as the owner of the premises where the unlawful sign is located shall be presumed to be the owner of such property or the agent for such owner and notice mailed or delivered to said person at the address listed shall be presumed to be sufficient 2 Removal, Appeals If the person ordered to remove said sign fails to do so within the time specified, the Building official may, after twenty (20) days of the date of delivery or mailing of the notice and order, remove or cause said sign to be removed; provided, however, that any person aggrieved by said order PAGE 13 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 3 Impoundment of Signs, Redemption, Disposal Any sign which is removed by the Building official pursuant to these provisions shall be impounded and transported to, and stored by, the Building official at a location designated for such purpose Records of where such signs were located and when removed shall be kept The Building Official shall send a letter to the owner of such sign, if known, or, if not known, to the owner or person in control of the premises where such sign was located, giving notice of such impoundment The Building Official shall hold the sign in storage for at least thirty (30) days after notice of impoundment has been mailed Any portable sign may be redeemed by the owner upon the payment of a fee to the City of Denton of a total of $25 00 for hauling the same to storage, plus $1 00 per day storage fee Any nonportable sign may be redeemed by the owner upon payment of the cost of removal of and hauling the same to storage, as determined by the Building Official, plus $1 00 per day storage fee Any sign not reclaimed by the owner thereof within thirty (30) days of the mailing of the notice of impoundment may be disposed of in accordance with applicable law 4 Recovery of Costs If, upon disposal of an unredeemed nonportable sign, the Building Official has not received an amount sufficient to cover the cost of removal and hauling of such removed sign, the Building official shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs, less any amount received in disposal of PAGE 14 such sign Any such costs remaining unpaid after thirty (30) days from the date of mailing of notice shall become delinquent and shall bear interest at ten (108) percent per annum The Building official may cause such unpaid and delinquent amount to be assessed against the premises where such removed sign was located by filing and perfecting a lien against said premises The cost levied against said premises shall include a $50 00 administration fee 5 Appeal of Cost Imposed, Levied Any person may contest the reasonableness of the cost for the removal of a sign imposed hereunder by filing an appeal with the Board of Adjustment within twenty (20) days of the mailing of the notice of such costs The Board of Adjustment may either uphold the cost imposed by the Building Official or impose and cause to be levied whatever cost it considers to be reasonable Storage costs imposed hereunder shall not be appealable G SPECIAL PROVISIONS 1 Manner of Measurement (a) Setback To apply the setback provision of this article 3' gns at any one point, the following measuring procedure shall be used (1) Draw an imaginary vertical line extending upward from the curb line of the premises, (2) Beginning at any point on the vertical line, draw an imaginary horizontal line perpendicular to the vertical line and curb line and extending toward the premises, (3) Beginning at the point where the vertical line intersects the horizontal line, measure along the horizontal line for the required setback (See Appendix illustration 14a) (b) _Height- To apply the applicable height limitations of thls article at any one point for signs, or supporting structures thereof, which are not roof signs, the following measuring procedure shall be used (1) Draw an imaginary vertical line extending upward from the nearest curb line of the public street fronting the premises, (2) Beginning at the surface level of the curb line, measure along the vertical line to a point which is the maximum allowed height for a particular sign or supporting structure, PAGE 15 (3) From that point draw an imaginary horizontal line perpendicular to the vertical line towards the premises, (4) This extended horizontal line gives the maximum height allowed at that location for a particular sign or supporting structure (See Appendix Illustration 14b) (c) Effective Area In determining the effective area of a sign where more than one sign is located or affixed to a single supporting structure, all signs located there- on or affixed thereto shall be included and measured together as though they were one sign 2 Setback Clearance Zone in all zoning districts, except Central Business Districts, all ground signs shall be so located that no part of the effective area of such sign shall occupy the space, (as determined in the same manner for measuring height and setback for signs), between two and ten feet in height within fifteen feet of the curb line of any public street (See Appendix Illustration 14c ) The supporting structure of such sign may occupy such space to an extent no greater than two square feet in area, such area to be determined in the same manner as for effective area of signs 3 signs on Certain Highways (a) The provisions of this article shall apply to all signs along the interstate and primary system of highways, as defined or designated by state or federal laws or regu- lations, within the City only to the extent that such provisions are not in conflict with the Federal Highway Beautification Act, (23 U S C A , Sec 131, et seq), including all amendments thereto, or Article IV ("High- way Beautification") of the Litter Abatement Act (article 4477-9a, Texas Revised Civil Statutes), including all amendments thereto, or any regulation made pursuant to such Acts by governmental agencies (b) Notwithstanding any other provision of this article, on-premise ground signs in non-residential zoning districts which are located within the "controlled area" along Interstate Highway 35 (and 35E and 35W) regulated by the foregoing federal or state laws or regulations, may, if not prohibited thereby, be constructed to a maximum height of 60 feet and a maximum effective area of 672 square feet The Building Official may require, prior to issuance of a permit for such sign, a certifi- cate from a licensed engineer certifying that the proposed sign is so designed to be in compliance with the wind or other design requirements of the Uniform Building Code (c) All sign permits issued by the Building official pursuant to this article shall contain a notice advising the PAGE 16 permittee that signs located along the interstate or primary system of highways may be regulated by federal or state law or regulations and a permit may be required from another governmental agency 4 Clearance from Electrical Lines Signs shall be located a minimum distance of six feet measured horizontally and twelve feet measured vertically from overhead electrical conductors which are energized in excess of 750 volts The term "overhead conductors" as used herein means any electrical conductor, either base or insulated, installed above the ground 5 Temporary and Political Signs (a) Temporary real estate sales and development, temporary political, occasional sales and other special use signs which are used for, or relate to, a particular purpose or event shall be removed by the owner of the premise on which they are located after ten (10) days of the date of the accomplishment of the purpose for which they are used or the occurrence of the event to which they refer or relate (b) In the case of temporary political signs, the candidate to which a sign refers, if not placed on a premise by the owner of the premise thereof, shall be responsible for the removal for such signs within the time specified above (c) Stake or portable signs, which relate to a candidate or issue to be voted upon by a political party or at a public election and are 32 square feet or less in effective area, may be erected without limit as to number, provided, that such signs comply with all other applicable requirements of this article 6 Sign Maintenance All signs and supporting structures shall be kept in good repair, condition and appearance All faces, bolts, supporting frames and fastenings shall be free from deterioration, insect or rodent infestation, rot or loosening Painted signs which are faded or obscured because of weather or time shall be repainted or redone or painted over so as to be neat in appearance 7 Identification of Signs Every off-premise sign shall be plainly marked at all times, in a location so as to be conspicuous and easily identifiable, with the current name, address and tele- phone number of the owner or lessee of the sign H NONCONFORMING SIGNS 1 Applicability The provisions of this article, defining and regulating nonconforming signs, shall control over any other con- PAGE 17 fiicting provision of Appendix B-Zoning of the Code of Ordinances 2 Defined A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this article applicable thereto, is not a stake sign, and (a) was in existence and lawfully located and used on the effective date of this article, or (b) was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use, or (c) was in existence, located, and used on the premises at the time it was annexed to the City of Denton and has since been in regular and continuous use 3 Registration Required Within one hundred and eighty days (180) of the effective date of this article, every owner of a nonconforming sign shall file with the Building Official, on forms provided for that purpose, a notice that the owner has a sign which qualifies as a nonconforming sign, as defined herein Such notice shall contain the name of the owner of the sign, the location, description, type of sign, and date of erection, and any other information required by the Building Official to determine if the sign is legally nonconforming If the Building Official is satisfied, based upon the information supplied, that the sign is a lawfully nonconforming sign, he shall approve such notice, supply the owner with an approved copy, and file the notice as a record with his office 4 Presumption Any sign which does not conform to the regulations of this article and is not properly registered as a legally nonconforming sign as provided for herein, shall be presumed not to be a legally nonconforming sign, provided, however, that the owner of any sign that is determined not to comply with the provisions of the article, may, at any time, present evidence to the Building Official that the sign is a legally nonconforming sign, and the Building Official shall, if satisffed that the sign PAGE 18 is a legally nonconforming sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign 5 Destruction, Repair (a) Any nonconforming sign, including its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (608) of the repro- duction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated (b) The Building Official may, whenever he deems necessary to reasonably determine the applicability of the fore- going provision, require the owner of said nonconforming sign to submit two or more independent estimates from established sign companies of the cost of replacing, re- pairing or renovating, in whole or in part, the existing nonconforming sign and two or more independent estimates from established sign companies of the reproduction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated (c) No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in effective area or height 6 Relocation of Nonconforming Signs Notwithstanding any other provision of this article, any sign which is a legally existing non- conforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this article 7 Signs Located on Nonconforming Premises Where, on the effective date of this ordinance, a sign is located on a premise which is a legally nonconforming use of the premise and such sign is used in regard thereto, the sign may be used and maintained thereon, even though it would not be a permitted use, so long as such premise is continually used as a lawful nonconforming use PAGE 19 I SPECIAL EXCEPTIONS ALLOWED 1 The Board of Adjustment may grant a special exception from the provisions of this article for the setback or height of a nonportable sign under the following circumstances (a) Visibilit Obstructions When fifty percent (50%) or more o the effective area of such sign as located or to be located in accordance with the setback or height requirements of this article cannot or would not be visible from at least one "visibility point" because of the location of a building or structure constructed or erected prior to the effective date of this ordinance For the purposes of this provision, "visibility point" shall mean the viewing locations, at a height of six feet above the general surface level, determined by extending the required side yard setback lines of the premise on which such sign is located or to be located so as to intersect the curb line of the public street fronting said premise, then measuring from said inter- section points along the curb line in the direction of the nearest side lot line of said lot for a distance of one hundred feet If the street fronting said premise allows traffic flow in only one direction, the visi- bility point located along the curb line in the direction from which traffic approaches said premise shall be used to determine the visibility requirement herein (See Appendix Illustration No 14d ) (b) Medical Emergency Signs When a sign located on the premise o an emergency medical treatment facility would not, because of the setback or height requirements of this article, be readily visible from adjacent public streets For purposes of this provision, "Emergency Medical Treatment Facility" shall mean any hospital, clinic or other facility where medical aid is offered to a person or animal who suffers an injury or illness which requires immediate medical attention 2 In granting special exceptions allowed herein, the Board of Adjustment shall specify, by written order, the particular setback or the particular height that will be allowed and in doing so shall not allow deviation from the provisions of this article beyond what is minimally necessary to remedy the situation allowing for said special exception J HISTORIAL LANDMARK SIGNS The provisions of this article shall not apply insofar as they confect with any provision applicable to a sign designated as a historical landmark pursuant to the provisions of article 28A of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas PAGE 20 K CONFLICTING PROVISIONS The definitions and provisions of this article applicable to signs shall control over any other conflicting definition or provision found in the Code of Ordinances of the City of Denton, Texas SECTION III That the Appendix Illustrations of Appendix B-Zoning of the Code of Ordinances of the City of Denton are hereby amended by adding the following illustrations PAGE 21 14 SIGNS 14a. Measurement of Setback PAGE 22 5 curb line 14c Setback Clearance Zone 40~ 400 square feet 3 100 sq ft d I I .SQ _I aqR Seftck in feet L_ in taet street I LCurb line 14d Visibility Point NN Visibidy point PAGL 23 SECTION IV That the definitions of various type signs of article 12 (51) through (59 1) of Appendix B-Zoning of the Code of Ordinances of the City of Denton are hereby repealed in their entirety, said numbering to be reserved for future use SECTION V That article 19 C of Appendix B-Zoning of the Code of Ordinances of the City of Denton relating to special development signs is here- by repealed in its entirety, said paragraph C to be reserved for future use SECTION VI That article 27 (52) of Appendix B-Zoning of the Code of Ordi- nances of the City of Denton defining "sign" is hereby repealed in its entirety, said number reserved for future use SECTION VII That Section 5-4 of Article I of Chapter 5 of the Code of Ordi- nances of the City of Denton relating to permits for signs is hereby repealed in its entirety, said section number to be reserved for future use SECTION VIII That "I, Sign and Identification Uses" of article 7 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas is repealed in its entirety SECTION IX Any person who shall erect, construct, locate, place, maintain, keep or make use of any sign in violation of any provisions of this ordinance or otherwise violate a provision of this ordinance, or who fails to comply therewith or with any of the requirements thereof, or of a permit issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of PAGE 24 any such violations such person shall be punished within the limits above SECTION X That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION XI All ordinances or parts of ordinances in force when the pro- visions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict SECTION XII 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 publisned 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 Tk_ PASSED AND APPROVED this the 1-16-L day of ' 1985 ATTEST: CHASE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 25 i l~ _ _ll ~