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of the City of Denton is hereby in all things repealed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
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