2014-406FILE REFERENCE FORM 2014-406
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Sections 33.10.6 and 33.18.8 re ealed b Ordinance No. 2015-008 01/06/15 JR
Amended by Ordinance No. 2015-086 04/07/15 JR
ORDINANCE NO. 2014-406
AN ORDINANCE OF THE CITY OF DENTON, TEXAS SUPERSEDING AND REPLACING
ANY AND ALL REMAINING VESTIGES OF THE PRIOR CHAPTER 33 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS WITH A NEW DENTON SIGN CODE
AS HEREIN PROVIDED; SUPERSEDING AND REPEALING THE EXISTING
SUBCHAPTER 35.15 OF THE DENTON DEVELOPMENT CODE WITH THE NEW
DENTON SIGN ORDINANCE AS HEREIN ADOPTED; APPROVING AND ADOPTING
NONSUBSTANTIVE EDITORIAL AMENDMENTS TO SUBCHAPTERS 35.3 AND 35.4 OF
THE DENTON DEVELOPMENT CODE TO REMOVE CONFLICTING REFERENCES AND
PROVISIONS RELATING TO THE PRIOR SIGN CODE; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR EFFECTIVE DATES.
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1. To the extent not previously superseded and repealed by prior ordinances
of the City of Denton, Texas, the Council hereby directs the supersession and replacement of any
remaining vestiges of any prior Chapter 33 of the Code of Ordinances of the City of Denton,
Texas, and directs the codifier to remove all prior versions from the municode.com website, and
to notify all subscribers to the Denton Code of Ordinances to remove and discard all prior
versions of Chapter 33, to minimize further confusion and conflict.
SECTION 2. The following provisions shall be established and incorporated into
Chapter 33 of the Code of Ordinances of the City of Denton, Texas, as the definitions and
principles supporting a new Denton Sign Code, with further provisions hereafter incorporated in
an iterative process of successive refinements.
Chapter 33 - Signs and Advertising Devices
33.1. Title, Authority, Purpose and Intent.
A. Title. This Chapter may be known as the sign ordinance or Denton Sign Code.
B, Authority. This Chapter is adopted pursuant to Texas Local Government Code
Chapter 216, the City Charter, and the City's inherent police power (the power to
govern).
C, Purposes and Intent. By adopting this Chapter, the City Council intends to
balance several important and competing interests, including the constitutional
right to free speech and the public interests in safety and esthetics, including
controlling visual clutter. It is the purpose of this Chapter to regulate the
construction, reconstruction, erection, installation, placement, relocation,
maintenance, display, use, modification, alteration and removal of private signs
within the City, in a manner that does not favor commercial speech over
noncommercial speech and does not regulate noncommercial speech by content.
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D. Methods. It is the intent of this Chapter 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.
E Minimal Burden. It is also the intent and determination of the City Council that
the regulations in this Chapter be and are the minimum necessary and least
burdensome to accomplish the purposes stated in this section.
33.1A Basic Principles.
A, Message Neutrality Policy. It is the policy of the City to regulate signs in a
manner that does not favor commercial speech over noncommercial speech, and
that does not regulate protected noncommercial speech by message content.
B, Message Substitution Policy. Subject to the private property owner's consent, a
constitutionally protected noncommercial message of any category or content
may be substituted, in whole or in part, for any allowed commercial message or
any other protected noncommercial message, provided that the sign structure or
mounting device is legal without consideration of inessage content. Such
substitution of inessage may be made without any additional approval or
permitting. The purpose of this provision is to prevent any favoring of
commercial speech over non-commercial speech, or favoring of any particular
protected noncommercial message over any other protected noncommercial
message. Message substitution is a continuing right which may be exercised any
number of times. The message substitution right does not: 1) create a right to
increase the total amount of sign display area on a site or parcel; 2) create a right
to substitute an off-site commercial message in place of an onsite commercial
message or in place of a noncommercial message; 3) affect the requirement that a
sign structure or mounting device must be properly permitted; 4) authorize
changing the physical method of image presentation (such as digital or neon)
display without a permit; or 5) authorize a physical change to the sign structure
without compliance with applicable building codes, safety codes, and neutrally-
applicable rules for sign size, height, orientation, setback, separation or
illumination.
C. Enforcement Authority. The Director of Planning and Development is authorized
and directed to administer and enforce this Chapter.
D. Administrative Interpretations. Interpretations of this Chapter are to be made
initially by the Director in consultation with the City Attorney. All interpretations
of this Chapter are to be exercised in light of the message neutrality and message
substitution policies. Where a particular type of sign is proposed, and the type is
neither expressly allowed nor prohibited by this chapter, or whenever a sign does
not qualify as a"structure" as defined in the Building Code, as adopted by the
City, then the Board of Adjustment shall approve, conditionally approve or
disapprove the application based on the most similar sign type that is legal under
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the current Code, using physical and structural similarity, that is expressly
regulated by this chapter.
E. Responsibility for Compliance. The responsibility for compliance with this
Chapter rests jointly and severally upon the sign owner, the permit holder, all
parties holding the present right of possession and control of the property whereon
a sign is located, mounted or installed.
F. Onsite-Offsite Distinction. Within this Chapter, the distinction between onsite
signs and offsite signs applies only to commercial messages. It does not apply to
non-commercial messages.
G„ Billboard Policy. New billboards, as defined herein, are prohibited. Existing legal
billboards may not be converted to digital display.
33.2. Definitions. The following words, terms and phrases, when used in this Chapter, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
"Abandoned sign". A sign:
1. Which, for at least six (6) continuous months, does not identify or
advertise a bona fide business, establishment, lessor, service, owner,
product or activity;
2. For which no legal owner can be found; or
3. Which pertains to a time, event or purpose which no longer applies.
"Advertising". To convey information or ideas to, to seek the attraction of, or to direct
the attention of, the public to any location, event, person, activity, goods, services or
merchandise.
"Attached sign". A sign, other than a wind device sign, attached to or supported by any
part of a building, including but not limited to a wall, roof, window, canopy, awning, or
marquee. Wall, roof, and projecting signs shall be considered attached signs.
"Billboard". A permanent structure sign in a fixed location which meets any one or more
of the following criteria: 1) it is used for general advertising for hire; 2) it is used to
display off-site commercial messages; 3) it constitutes a separate principal use of the
property, in contrast to an auxiliary or accessory use to the principal use of the property.
"City" means the City of Denton Texas.
"City property" means any parcel of land, or separately leasable space, over which the
City (or any of its owned or controlled entities) holds the present right of possession and
control, regardless of who may hold legal fee title, or that is within the public right-of-
way.
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"Curbline". An imaginary line drawn along and parallel to the outermost part or back of
the curb and gutter on either side of a public street; or, if there is no curb and gutter,
along and parallel to the outermost portion of the paved street; or, if there is no paved
street, along and parallel to the outermost edge of the traveled portion of the street.
"Digital display" means image display methods utilizing LED (light emitting diode),
LCD (liquid crystal display), plasma display, projected images, or any functionally
equivalent technology, and which is capable of automated, remote or computer control to
change the image, either in a"slide show" manner (series of still images), or full motion
animation, or any combination of them.
"Dilapidated or deteriorated sign". A sign:
1, Where any portion of the finished material, surface or message portion of
the sign is visibly faded, flaked, broken off, missing, cracked, splintered,
defective or is otherwise visibly deteriorated or in a state of disrepair so as
not to substantially appear as it was intended or designed to appear when
originally constructed;
2. Whose elements or the structural support or frame members are visibly
bent, broken, dented or torn, twisted, leaning or at angles other than those
at which it was originally erected, such as may result from being blown or
by the failure of a structural support.
"Director". Means the Director of Planning and Development for the City.
"Display face" means the portion of a sign that is available for displaying sign copy,
together with any frame, color, panel, ornamental molding, or condition which forms an
integral part of the sign copy and which is used to differentiate such sign copy from any
wall or background against which it may be placed. Those portions of the supports,
uprights or base of a sign that do not function as a sign shall not be considered as part of
the display face.
"Establishment": any legal use of land, other than long-term residential, which involves
the use of structures subject to the Building Code. By way of example and not limitation,
this definition includes businesses, factories, farms, schools, hospitals, hotels and motels,
offices and libraries, but does not include single-family homes, mobile homes, residential
apartments, residential care facilities, or residential condominiums. Multi-unit housing
developments are considered establishments during the time of construction; individual
units are not within the meaning of establishment once a certificate of occupancy has
been issued or once a full-time residency begins.
"Flag" means a piece of fabric or other flexible material, usually rectangular, of
distinctive design, used as a symbol.
"Front yard". An open, unoccupied space on a lot facing a street and extending across
the front of the lot between the side lot lines and from the main building line as specified
for the district in which it is located (the "building setback line").
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"General advertising for hire": the enterprise of providing sign display area to a variety
of advertisers or message sponsors, typically for a fee or other valuable consideration.
"Ground sign". A sign, other than a wind device sign, whose principal support is
provided by burying, anchoring or otherwise connecting the sign, or supporting structure
thereof, to the ground and which is not a portable sign or attached sign.
"Mobile billboard" a motorized vehicle with sign display area that is used for general
advertising for hire. Mobile billboard advertising includes any vehicle, or wheeled
conveyance which carries, conveys, pulls, or transports any sign or billboard for the
primary purpose of advertising.
"Monument Sign". A ground sign, other than a wind device sign, which is solid from the
ground up, and is made of stone, concrete, metal, routed wood planks or beams, brick or
similar materials, and no visible pole.
"Off-premises sign". A sign displaying advertising copy that pertains to a business,
establishment, person, organization, activity, event, place, service, or product not
principally located or primarily manufactured, sold, offered or performed on the premises
on which the sign is located.
"On-premises sign". A sign identifying or advertising a business, establishment, person,
or activity, and installed and maintained on the same premises as the business, person, or
activity. A sign which promotes or displays a political, religious or ideological thought,
belief, opinion or other noncommercial message shall be considered an on-premises sign.
"Permanent sign" means a sign that is solidly attached to a building, structure, or the
ground by means of mounting brackets, bolts, welds, or other combination of attachment
methods, thereby rendering the sign non-moveable or difficult to reposition without the
use of machinery, cutting devices, or mechanical devices. See also "temporary sign."
"Portable sign". A sign whose principal supporting structure is intended, by design, use
or construction, to be used by resting upon the ground for support and which may be
easily moved or relocated for reuse. Portable signs shall include but not be limited to
signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or
other mobile structure, with or without wheels, and A-frame and other similar signs,
resting or leaning on the ground or other structures, but not permanently attached thereto.
"Premises" means:
For any developed property, the lot or contiguous area of real property which
encompasses all the buildings, structures, appurtenances and land devoted to a
common use, such as a shopping center or a business occupying and using
multiple contiguous lots; or
For undeveloped property, the area of real property designated as a lot on a Plat
approved in accordance with law and filed with the County Clerk's office, or an
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unplatted tract of land as conveyed by deed or operation of law and recorded in
the deed records of the County.
"Projecting sign". Any sign, other than a wind device sign, which is wholly affixed to or
supported by any building wall and which extends beyond the building wall more than
twelve (12) inches.
"Roof sign". Any sign, other than a wind device sign, wholly erected on, afiixed to, or
supported by a roof of a building.
"Sign" as used in this Chapter, generally means the display of any visually
communicative image placed on public display and visible from the exterior of any
portion of the public right of way or place open to passage by the public. The general
definition of "sign" does not include the following enumerated items:
a. Aerial banners towed behind aircraft;
b. Architectural features — decorative or architectural features of buildings (not
including lettering, trademarks or moving parts), which do not perform a
communicative function (examples include color stripes around an office building
or retail store);
c. Automated Teller Machines (ATM's), when not used for general advertising;
d. Cornerstones and foundation stones;
e. The legal use of fireworks, candles and artificial lighting not otherwise regulated
by this chapter;
f. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers
of the deceased;
g. Historical monuments, plaques and tablets;
h. Holiday and cultural observance decorations displayed in season, including
inflatable objects, on private residential property which are on display for not
more than 45 calendar days per year (cumulative, per dwelling unit) and which do
not include commercial messages;
i. Inflatable gymnasiums associated with legal residential uses — inflatable,
temporary, moveable, gymnasium devices commonly used for children's birthday
parties, and similar devices (also called "party jumps" or "bounce houses");
j. Interior graphics — visual communicative devices that are located entirely within a
building or other enclosed structure and are not visible from the exterior thereof;
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k. Manufacturers' marks — marks on tangible products, which identify the maker,
seller, provider or product, and which customarily remain attached to the product
even after sale;
1. Mass transit graphics — graphic images mounted on duly licensed and authorized
mass transit vehicles that legally pass through the city;
m. News racks, newspaper vending devices and newsstands;
n. Personal appearance: makeup, masks, wigs, costumes, jewelry, apparel and the
like, unless it constitutes a commercial mascot (which see);
o. Safety warnings on motorized or electrified equipment;
p. Searchlights used as part of a search and rescue or other emergency service
operation (this exclusion does not apply to searchlights used as attention attracting
devices for commercial or special events);
q. Shopping carts, golf carts, horse drawn carriages, and similar devices (any
motorized vehicle which may be legally operated upon a public right-of-way is
not within this exclusion);
r. Symbols embedded in architecture — symbols of non-commercial organizations or
concepts including, but not limited to, religious or political symbols, when such
are permanently integrated into the structure of a permanent building which is
otherwise legal, by way of example and not limitation, such symbols include
stained glass windows on churches, carved or bas relief doors or walls, bells and
religious statuary;
s. Vehicle and vessel insignia — on street legal vehicles and properly licensed
watercraft: license plates, license plate frames, registration insignia, non-
commercial messages, messages relating to the business of which the vehicle or
vessel is an instrument or tool (not including general advertising) and messages
relating to the proposed sale, lease or exchange of the vehicle or vessel; or
t. Flags
"Sign copy" or "copy" means the visually communicative elements, including but not
limited to words, letters, numbers, designs, figures or other symbolic presentation
incorporated into a sign with the purpose of attracting attention to the subject matter or
message.
"Supporting structure". Any pole, post, cable, foundation or other supporting structural
materials or fixtures arranged; designed or used to hold, secure or support a sign,
abandoned sign, or part thereof.
`Temporary sign". A sign that is constructed of lightweight or flimsy material, and is
easily installed and removed using ordinary hand tools. Any sign that qualifies as a
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"structure" under the Building Code, and for which a building permit is required is not
within this definition.
"Visibility point". The viewing locations, at a height of six (6) feet, determined by
extending the side yaxd setback lines of the property so as to intersect the curb line of the
public street fronting the property, then measuring from the intersecting points along the
curb line away from the property in each direction for a distance of one hundred (100)
feet. If the street fronting the property is one-way, the visibility point in the direction
from which trafiic approaches the property shall be used to determine the visibility
requirement.
"Wall sign". Any sign, other than a wind device, wholly affixed to, supported by or
painted upon the wall of any building and which is not a projecting sign.
"Wind device sign". A banner, pennant, streamer, inflatable balloon or similar device
made of cloth, canvas, plastic, or other similar flexible material, with or without a frame
or other supporting structure, and used as a sign.
SECTION 3. Pending the later effective date applicable to the changes set forth in
Section 5 of this Ordinance, the provisions set forth in Section 2 of this Ordinance shall also
apply to, and govern the interpretation of, Subchapter 35.15 of the Denton Development Code,
notwithstanding any conflicting principles, definitions, or declarations of intent contained
therein.
SECTION 4. The provisions of Sections 1, 2, 3, 4, 8, 9 and 10 of this ordinance shall
take effect immediately upon passage and approval.
SECTION 5. The following provisions shall also be established and incorporated into
Chapter 33 of the Code of Ordinances of the City of Denton, Texas, with further provisions
hereafter incorporated in an iterative process of successive refinements.
33.4. Certain Prohibited Signs. It shall be unlawful for any person to erect, install, construct,
display, maintain, reconstruct, place, locate, relocate, 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 of the owner of the premises and/or the persons holding the
present right of possession and control.
B. Parking and maneuvering areas. Signs which are located in or interfere with the
use of a required off-street parking space or maneuvering area.
C. Unsafe signs. Signs which are or become deteriorated, dilapidated or in danger of
falling or otherwise unsafe.
D. Signs on public property. Any sign located on or attached to a public street light,
utility pole, hydrant, bridge, traffic control device, street sign or other public structure or
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building, or any sign, located in, on, over, or within a public street, sidewalk, alley,
easement or right-of-way. This prohibition shall not apply to projecting signs in central
business districts as permitted by this chapter, markings made on public sidewalks as
permitted by the Code of Ordinances or wind device signs placed over a public street by
the City to advertise annual community events. (Signs placed by the city are not within
the scope of this Chapter. Under the government speech doctrine, the city does not need
to give itself permission to display its own message on its own sign located on its own
property.)
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 motion picture machine, or which
display moving images, or images which give the impression of motion, including those
using digital display.
H. Signs obscuring or interfering with certain views.
1. Signs located or illuminated in such a manner as to obscure or otherwise
interfere with the effectiveness of an official traffic sign, signal or device or so as
to obstruct or interfere with the view of a driver of 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 two hundred fifty (250) feet
along the street;
2. A sign other than a traffic control sign or signal, in a triangle sight area at
all intersections including that portion of public right-of-way and any corner lot
within a triangle formed by a diagonal line extending through points on the two
(2) property lines twenty-five (25) feet from the street corner intersection of the
property lines or that point of the intersection of the property lines extended and
intersecting the curblines.
I. Certain illuminated signs.
1. Signs, illuminated form within or without, and which:
a. Are illuminated in such a manner, to such intensity, or without
proper shielding, so as to constitute a hazard to the operation of motor
vehicles upon a public street or substantially interfere with the reasonable
enjoyment of residential property; or
b. Have any type of intermittent illumination, including flashing,
fading, revolving or blinking lights, or any type of moving, traveling or
changing message by means of illumination, excluding temporary holiday
lights and lights used for time and temperature signs; or
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2. Billboards using digital display technology.
J. Portable signs. Any portable sign which is not a properly registered
nonconforming portable sign as provided for in this chapter.
33.5. Administration and Enforcement.
The Director shall enforce and administer the provisions of this chapter. The Director or City
Manager may delegate the duties and powers granted to and imposed upon the Director by this
Chapter.
33.6. Appeal, Variances, and Special Exceptions.
A. Compliance with state law. The Board of Adjustment is authorized to hear all
appeals, variances, and special exceptions in accordance with powers, rules and
procedures applicable as outlined in §35.3.6 of the Denton Development Code.
B. Sign Variances
1. Any person requesting a variance from the provisions of the sign
regulations shall submit an application on a form provided by the City, containing
the information and plans requested in the application, along with the established
filing fee.
2. The Board shall hear and act upon the variance request within a reasonable
time, presumably within 45 days after the variance application is deemed
complete. Nevertheless, this time period shall yield as necessary to assure
compliance with notice, posting and quorum requirements of the Texas Open
Meetings Act, with any delay beyond the presumptive 45-day period timed to
enable hearing and decision prior to adjournment of the next regularly scheduled
Board meeting. Notice of the hearing shall be given in the same manner as other
appeals to the Board.
3. The Board may grant a variance from a requirement of this Chapter if it
finds all the following exist:
a. Due to some unique condition or feature of the property which is
not generally common to other properties, literal compliance with the sign
regulation would cause unnecessary hardship;
b. The granting of the variance will not violate the spirit or the intent
of the ordinance; and
c. The condition or feature, which creates the need for the variance,
did not result from the property owners' acts.
4. The Board shall not grant a variance to any applicant solely for personal
convenience, financial hardship, or other reasons unrelated to the property. If the
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Board grants a variance, the variance shall be granted only to the extent that is
reasonably necessary to remedy the hardship. The Board may impose conditions
relating to the use of the sign for which a variance is granted.
5. All decisions of the Board granting or refusing a variance shall be reduced
to writing and signed by the chairperson. If a variance is denied, the decision shall
state the conditions for the variance which were not met. If the Board grants a
variance, the decision shall state that all conditions for a variance were met,
specify the degree to which the regulations are being varied, and be signed by the
members voting in favor of the variance.
6. No variance may be granted to authorize a sign type which is otherwise
prohibited.
C. Special Exceptions. The Board may grant a special exception from the regulations
of this Chapter governing the setback or height of a sign, other than a portable sign, under
the following circumstances:
1. Visibility obstructions. When fifty (50) percent or more of the effective
area of sign to be located in accordance with the setback or height requirements of
this article would not be visible from at least one "visibility point" because of an
existing building, structure, or the natural ground.
2. Medical emergency signs. When a sign located on the property of 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 which suffers an injury or illness which requires immediate medical
attention.
D. In granting a special exception, the Board shall specify by written order the
setback or the height that will be allowed, but in doing so shall not allow deviation from
the provisions of this Chapter beyond what is minimally necessary to remedy the
situation allowing for the special exception.
33.7. Historical Landmark Signs. The provisions of this Chapter shall not apply insofar as they
conflict with any provision applicable to a sign designated by the City as a historical landmark.
33.9. Permits.
33.9.1. Required.
A. It shall be unlawful for any person to place, locate, relocate, erect,
construct, reconstruct, replace, renovate, repair, or alter any part of a sign,
including the face or supporting structure or other integral part, or to thereafter
make use of a sign for which a Permit is required herein, without having first
secured a Sign Permit from the City, except as otherwise provided by this
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Chapter. The administering official or employee shall not issue a Permit for a sign
that does not comply with the requirements of this Chapter.
B. It shall be unlawful for any person to make use of a sign required to be
licensed by the State Department of Highways and Public Transportation as
required by Tex. Trans. Code §391.001 et seq., except in accordance with a valid
Permit issued by the City.
C. A simple change of sign copy, not involving a change to the physical
structure of the sign, does not require a permit, so long as the change of copy does
not violate any of the provisions of this Chapter; however, the sign owner or agent
shall provide written notice of the change, along with photos of the existing sign,
as well as dimensional drawings showing the proposed changes.
33.9.2. Application Procedure. The application for a Sign Permit shall be submitted on
such forms as the Director may prescribe and shall be accompanied by such information,
drawings and descriptive data as required by the Director to ensure proper regulation of
the sign and to ensure compliance with this Chapter.
A. Application for a Sign Permit. Any person seeking a sign permit for a
sign shall submit to the Director a written application for such. The Director shall
prepare a sign permit application form and provide it to any person on request,
along with such other materials and information as applicants need to submit for a
permit. The same form may be used for both the application and the decision
thereon. A single form may be used for multiple signs on the same site; however,
the Director may make separate decisions as to each sign. A sign permit
application is complete only when it is accompanied by the appropriate
application fee, in an amount set by resolution of the City Council. In the case of
after-the-fact permitting, the otherwise applicable fee shall be doubled.
1. Application Contents. The sign permit application form shall call for the
following information, as applicable:
Name, address and telephone number of the applicant and,
if applicable, the name, address, and telephone number;
when the applicant is not the holder of legal title to the
property, consent to the installation of the sign by the
person(s) or entities who hold legal title and the present
right of possession and control of the property; when the
sign is proposed to be installed by a sign contractor, the
name, address, contact information, and the license
number, if any, of the contractor;
ii. As to the proposed location for the sign, two (2) sets of a
fully dimensioned Site Plan (drawn to scale) indicating the
street address, Assessor's Parcel Number, zone
classification, all property lines, public and private street
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lines (including center lines), structures, easements, utility
poles and wires, and the location and size (in square feet) of
all existing and proposed signs;
iii. As to existing signs already on parcel, information as to
whether each is permitted or exempt from permitting;
iv. Accurate and scaled building elevation showing existing
and proposed building signs; including existing and
proposed sign area of each individual sign and the
combined area of all signs (including those already existing
or previously permitted) in relation to the maximum
allowed sign area;
v. A statement as to whether the sign is intended to be used in
whole or in part for off-site commercial messages,
advertising for hire or general advertising;
vi. A statement or graphical description as to whether the
proposed sign, or any part of it, is proposed to utilize any of
the following physical methods of inessage presentation:
sound; odor, smoke, fumes or steam; rotating, moving or
animated elements; activation by wind or forced air; neon
or other fluorescing gases; fluorescent or day-glow type
colors; flashing or strobe lighting; light emitting diodes,
liquid crystal displays or other video-like methods; digital
display technology; use of live animals or living persons as
part of the display; mannequins or statuary;
vii. A statement as to whether the property or parcel on which
the sign is proposed to be erected or displayed, or any
currently existing sign thereon, is the subject of any
outstanding notice of zoning violation or notice to correct,
including whether any such deficiencies are to be remedied
by the proposed application;
viii. Photographs of the existing property, parcel and/or building
on which the sign is proposed to be erected or displayed;
ix. In the case of any proposed sign which is subject to a
discretionary process, such as a variance or specialized sign
district, all information required by such process(es);
x. The Director is authorized to modify the list of information
to be provided on a sign permit application; however,
additions may be made only after thirty (30) days public
notice. The Director is also authorized to request, require or
accept application materials, in whole or in part, in
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electronic form, and to specify the acceptable computer
formats for such submissions.
B. Completeness Determination. As the first step in processing a sign permit
application, the Director shall determine whether the application is complete. If
the application is not complete, the applicant shall be so notified in person or in
writing initially within 45 days of the date of receipt of the application; the notice
of incompleteness shall state the points of deficiency and identify any additional
information necessary. The applicant shall then have one opportunity, within 10
business days, to submit additional information to render the application
complete; failure to do so within the 10 calendar day period shall render the
application void.
C. Standards on application. When any sign permit application is complete
and fully complies with all applicable provisions of this Chapter, and all other
applicable laws, rules and regulations, the permit shall be approved and issued
within the required time. In the case of signs which are exempt from the sign
permit requirement, there is a right to erect, display and maintain such signs as are
authorized by this Chapter, subject to the applicable rules.
D. Disqualification. No sign permit application will be approved if:
1. The applicant has installed a sign in violation of the provisions of
this Chapter and, at the time of submission of the application, each illegal
or non-permitted sign has not been legalized, removed or a cure included
in the application;
2. There is any other existing code violation located on the site of the
proposed sign(s) (other than an illegal or nonconforming sign that is not
owned or controlled by the applicant and is located at a different
establishment) which has not been cured at the time of the application,
unless the noncompliance is proposed to be cured as part of the
application;
3. The sign application is substantially the same as an application
previously denied, unless: (i) twelve (12) months have elapsed since the
date of the last application, or (ii) new evidence or proof of changed
conditions is furnished in the new application;
4. The applicant has not obtained any applicable required use permit
or conditional use permit. However, applications for such permits may be
processed simultaneously with a sign permit application.
E Permits Issued in Error. Any approval or permit issued in error may be
summarily revoked by the Director upon written notice to the permittee, stating
the reason for the revocation. "Issued in error" means that the permit should not
Page 14 of 40
have been issued in the first place and includes but is not limited to omissions,
errors or misrepresentations in the application materials, and oversights or errors
in the processing thereof.
F. Denial. When a sign permit application is denied, the denial shall be in
writing and sent or delivered to the address shown on the applicant's application
form, and shall specifically state the grounds for denial.
G. Timely Decision. At each level of review or appeal, the decision on a sign
permit application shall be rendered in writing within the time limits for other
building permits under State law.l The time period begins running when an
appeal, challenge or objection is received, the application is complete (or is
deemed complete because no notice of incompleteness has been given), an
amendment is received, or the notice of appeal has been filed, whichever applies.
The timely decision requirement may be waived by the applicant or appellant. If a
decision is not rendered within the required time, then the application or appeal
shall be deemed denied; in the case of an appeal, the lower level decision shall be
deemed affirmed.
H. During the pendency of review or appeal, the status quo of the subject
sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its
physical condition, constitutes an immediate threat to public safety.
33.9.3. Fees. If the plans and specifications for a sign set forth in any application for a
Permit required under this division conform to all of the requirements of this Chapter and
any other ordinance applicable thereto, the Director shall, upon payment of the applicable
Permit fee, issue the appropriate Permit. Permit fees shall be established by the City
Council.
33.9.4. Duration.
A. Ground or attached signs. Except as otherwise provided in this Chapter, a
Permit issued for a ground or attached sign shall terminate if the sign is not
thereafter installed within one hundred eighty (180) days after issuance.
B. Signs licensed by the State. A Sign Permit issued by the City for a sign
required to be licensed by the State Department of Highways and Public
Transportation under Tex. Trans. Code§391.001 et seq., as amended, shall be
valid for the location designated on the application for one (1) year from issuance
of the Permit so long as the sign is erected and legally maintained. If the state
acquires the sign, or the sign is removed for any reason, the City Permit shall
automatically terminate.
' State Law Cross-Reference. See, Tex. Loc. Gov't Code §214.904,
Page 15 of 40
C. Wind device signs. A Permit for wind device signs shall be valid for thirty
(30) consecutive days. A Permit shall not be issued for a location unless a period
of thirty (30) days has elapsed since the expiration of a previous Permit. The
Permit shall apply to one designated location and authorize the display of one or
more wind device signs at that location for the allowed time. No more than three
(3) permits may be issued for any one location in any one calendar year.
33.9.5. Revocation; Appeals. A Sign Permit may be revoked for a violation of any
provision of this Chapter or for failure to adhere to all terms and conditions of the permit
or other applicable law. The Permit holder may appeal the revocation to the Board of
Adjustments. If the State Department of Highways and Public Transportation revokes the
license of an owner of a sign for which the City has issued a Permit, the Sign Permit for
the sign shall terminate when the state license revocation becomes final.
33.9.6. Transfer of state outdoor advertising sign permits. Sign permits initially issued by
the State Department of Highways and Public Transportation and now issued by the City
for signs licensed by the state under Tex. Trans. Code §391.001 et seq., may be
transferred to another party if the proper City application and fee is filed with the City.
33.10. Nonconforming Signs.
33.10.1. Definition. A sign, including its supporting structure, shall be considered
nonconforming when it does not conform to all or part of the provisions of this Chapter
applicable thereto, is not a temporary sign and:
A. Was in existence and lawfully located and used on March 17, 1993;
B. Was in existence and lawfully located and used in accordance with the
provisions of any prior sign 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 and has since been in regular and continuous use.
D. Was in existence and lawfully located and used as an off-premises ground
sign pursuant to Section 33.14.2 on November 5, 1997.
33.10.2. Applicability. The provisions of this Chapter defining and regulating
nonconforming signs shall control over any other conflicting provision of this Chapter.
33.10.3. Registration of nonconforming portable signs and billboards. On or after
June 1, 1989, it shall be unlawful for any person to maintain any portable sign within the
corporate limits, and on or after March 1, 1998, it shall be unlawful for any person to
maintain any billboard on any premises within the corporate limits and both portable and
billboard signs within the extraterritorial jurisdiction of the City of Denton without
having a valid registration tag affixed thereto as required in this section as follows:
Page 16 of 40
A. Application. To register a nonconforming portable or off-premises
(billboard) sign, application shall be made to the Director on forms provided for
that purpose. The application shall be accompanied by the payment of the
applicable fee and shall contain the name and address of the owner of the sign,
photographs of the existing property, parcel and/or building on which the sign is
erected or displayed the exact location of the sign, and the date of placement.
B. Issuance of registration tag. If the Director determines that the portable
sign or billboard is a lawfully nonconforming sign, he/she shall issue a
registration tag to the applicant. The owner of the sign shall cause the tag to be
affixed in a conspicuous place on the corresponding registered sign.
C. Removed or destroyed signs. Any owner who removes or causes the
removal of any validly registered nonconforming portable sign or billboard from
any premises shall, within iive (5) business days of its removal, report the
removal to the Director.
D. Invalidation of registration. The Director shall invalidate any registration
tag for a nonconforming portable or billboard sign when:
1. It is removed or relocated from the premises for any reason;
2. It has been damaged or destroyed so as to lose its nonconforming sign
status as provided in this Chapter, unless the damage or destruction was
caused by the intentional vandalism of a third party;
3. It has become an abandoned sign.
33.10.4. Presumption. Any sign which does not conform to the regulations of this
Chapter and is not properly registered as a legally nonconforming sign as provided for in
this Chapter 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 this Chapter may, at any time, present evidence to the Director that the sign is a legally
nonconforming sign, and the Director shall, if satisfied that the sign is a legally
nonconforming sign based on the evidence presented, allow the sign to be registered as a
legally nonconforming sign.
33.10.5. Destruction; Repair.
A. Any nonconforming portable, attached, or ground sign, including its
supporting structure which is blown down, damaged, dilapidated or deteriorated,
or otherwise destroyed or dismantled for any purpose other than maintenance
operations or for changing the letters, symbols, or other matter on the sign, shall
not be replaced, repaired, or renovated, in whole or in part, if the cost of such
replacement, repair or renovation is in excess of sixty (60) percent of the cost of
erecting a new sign of the same type at the same location, including its supporting
structure, unless such alteration or repair makes the sign conforming. No person
Page 17 of 40
shall repair, renovate, or alter a nonconforming sign without first receiving a Sign
Permit.
B. The Director may, whenever he deems necessary to reasonably determine
the applicability of subsection (A) of this section, require the owner of the
nonconforming sign to submit two (2) or more independent estimates from
established sign companies of the cost of replacing, repairing or renovating, in
whole or in part, the existing nonconforming sign and two (2) or more
independent estimates from established sign companies of the reproduction cost
of erecting a new sign of the same type at the same location, including its
supporting structure.
C. The estimate required by Subsection (B) shall be based on the costs for
new materials for both the sign to be repaired and the new sign. Also, the estimate
shall reflect the reasonable and customary costs in the industry for (1) the delivery
of materials and equipment to the location of the sign and (2) the cost of labor for
each phase of sign construction.
D. No sign or supporting structure which is lawfully reproduced, repaired or
renovated as a nonconforming sign shall be increased in effective area or height.
33.10.6. Relocation Under Eminent Domain. Notwithstanding any other provision of this
Chapter, any sign which is a legally existing nonconforming sign may be relocated if the
property upon which the sign is located is acquired by any condemning authority through
the exercise or threat of its power of eminent domain.
A. Restrictions. The land upon which the sign is to be relocated shall:
1. Be within the same lot or tract as the original location; or
2. If on a different lot or tract, establish a relocation site within one
thousand (1,000) feet of the area acquired by the condemning authority. If
the relocation site is not already owned or leased by the sign owner, it may
be acquired at the expense of the sign owner or the condemning authority.
B. Such relocated sign shall be placed, insofar as possible, as to comply with
all the provisions of this Chapter.
C. This section does not preclude the option of voluntarily relocating
billboards under Section 33.18.8, provided that all conditions therein are satisfied.
33.10.7. Signs located on nonconforming premises. Where, on the effective date of the
ordinance from which this Chapter is derived, a sign is located on a premises which is a
legally nonconforming use of the premises and such sign is used in regard to the
premises, the sign may be used and maintained on the premises, even though it would not
be a permitted use, so long as such premises is continually used as a lawful
nonconforming use.
Page 18 of 40
33.11. Removal of Unlawful Signs
33.11.1. Notice and Order. Any sign, abandoned sign, supporting structure or abandoned
supporting structure which is erected, placed, relocated, constructed, reconstructed,
altered, displayed, maintained, installed, modified or used in violation of this Chapter
may be removed by the Director as provided in this article. The Director shall deliver or
send a written notice and order to the owner of an unlawful sign or the owner of the
premises where the unlawful sign is located. A notice and order sent or delivered to the
person listed by the City tax office or county appraisal district as the owner of the
premises where the unlawful sign is located shall be presumed to be sufficient. The notice
and order shall:
A. Describe the nature of the violation, with specific citation to relevant law;
B. Order the correction of the violation within a time specified, which shall
not be less than five (5) business days of the delivery or mailing of the notice; and
C. Give notice that the Director may remove and impound the unlawful sign
at the owner's expense if the violation is not corrected within the time specified.
33.11.2. Removal; Appeals. If the person ordered to correct a violation fails to do
so within the time specified, the Director may remove or cause the removal of the
unlawful sign. Any person aggrieved by the order may file an appeal with the Board of
Adjustment, in which case the sign may remain in place until the Board of Adjustment
reaches its decision, unless the sign presents a threat to public safety by virtue of its
physical condition.
33.11.3. Impoundment; Redemption; Disposal
A. Any sign which is removed by the Director pursuant to this Chapter shall
be impounded and transported to and stored by the Director at a location
designated for such purpose. Records shall be kept of the storage location for such
signs. The Director 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.
B. The Director 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 for hauling the sign to storage,
plus a per-day storage fee. Any nonportable sign may be redeemed by the owner
upon payment of the cost of removal of and hauling the sign to storage, as
determined by the Director, plus a per-day storage fee. Such fees shall be
established by the City Council.
C. 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.
Page 19 of 40
33.11.4. Recovery of Costs. If, upon disposal of an unredeemed nonportable sign, the
Director has not received an amount sufficient to cover the cost of removal and hauling
of such removed sign, the Director shall send notice to the owner of the premises where
such sign was located, stating payment of the removal and hauling costs, less any amount
received in disposal of 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
(10) percent per annum. The Director 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 the premises. The cost levied against the premises shall include
an administration fee established by the City Council.
33.11.5. Appeal. Any person may contest the reasonableness of the cost of 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 the costs. The Board may uphold the cost
imposed by the Director or impose and levy whatever cost is considers reasonable.
Storage costs shall not be appealable.
33.11.6. Summary removal of hazardous signs. Notwithstanding any other provision of
this Chapter, the Director may summarily remove any unlawful sign which, because of its
location or condition, clearly constitutes an immediate hazard or danger to the public.
Prior to removing the sign, the Director shall make a reasonable attempt to locate the
owner of the hazardous sign or person responsible for its display, placement or
maintenance to give written notice of the violation, the action necessary to correct the
violation and time period in which the correction must be made. The notice shall be
delivered to the owner of the sign, the owner of the premises or the person responsible for
the sign's display, placement or maintenance, if located; otherwise, the notice shall be
affixed to the sign or other prominent place on the premises likely to come to the
attention of the owner of the sign or premises. Thereafter, the Director may remove the
sign if no corrective action is taken in the time specified.
33.11.7. Certiiicate of Occupancy. The Director shall not issue a Certificate of
Occupancy for any premises on which a sign or supporting structure does not meet the
requirements of this Chapter.
33.12. Technical Requirements.
33.12.1. Manner of Measurement. The measurements required for signs by this Chapter
shall be made using the following procedures:
A. Setback. To apply the setback provisions of this Chapter for signs at any
one point, the following measuring procedure shall be used:
1. Draw an imaginary vertical line extending upward from the
curbline of the premises;
2. Beginning at any point on the vertical line, draw an imaginary
horizontal line perpendicular to the vertical line and curbline extending
toward the premises;
Page 20 of 40
3. Beginning at the point where the vertical line intersects the
horizontal line, measure along the horizontal line for the required setback.
B. Height. The maximum height of a ground sign shall be determined by the
method of ineasurement that allows the greater height, as follows:
1. Curbline measurement. Measure along a vertical line extended
upward from the nearest curb line of the public street fronting the premises
where the sign is to be located, to the maximum height allowed for the
sign. From that point, extend a horizontal line to where the sign is to be
located. The horizontal line is the maximum height allowed at that
location.
2. IH-35 measurement. Along IH-35, the height may be measured
from the principal lanes, the frontage road, or the ground, whichever
allows the greater height.
3. Natural ground level measurement. At the highest point of the sign,
draw a horizontal line to the outer extremities of the sign. At the center of
the horizontal line, draw a vertical line to the natural the ground level
below. (The "natural ground level" shall include any changes in
topography necessary for development of the property). The vertical line
may not exceed height allowed for the sign at that location.
C. Effective area means the area enclosed by the smallest imaginary regular
shape (e.g., parallelogram, triangle, circle, trapezoid) or combination of regular
shapes that will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming as integral
part of the display or used to differentiate the sign from the backdrop or structure
against which it is placed. Effective area includes such features as decorative or
ornamental elements or features, borders, trims, but not including any supporting
structure which is used solely for support of the sign, such as poles, columns and
cable, or decorative fence, screening device or wall.
1. Sign copy mounted or painted on a background panel or area
distinctively painted, textured or constructed as a background for the sign
copy, shall be measured as the area contained within the outside
dimensions of the background panel or surface.
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2. Sign copy mounted as individual letters and/or graphics against a
wall, fence, screening device, awning or fascia of a building or other
Page 21 of 40
structure that has not been painted, textured or otherwise altered to provide
a distinctive background of the sign copy, shall be measured as the area
enclosed by the smallest regular shape or combination of shapes that will
enclose all sign copy.
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3. Where there are a number of sign faces or more than one sign on a
supporting structure.
One (1)—Area of the single face only,
Two (2)—If the interior angle between the two (2) faces is forty-five (45)
degrees or less, the area will be the area of one (1) face only; if the angle
between the two (2) sign faces is greater than forty-five (45) degrees, the
sign area will be the sum of the areas of the two (2) faces.
Three (3) or more sides—The sign area will be the sum of the areas of
each of the faces.
4. All signs on a single supporting structure shall be measured
together as though they were one (1) sign to determine the total effective
area, except that signs separated by more than thirty-six (36) inches of air
space at every point between the signs shall be measured separately and
added together to determine the total effective area.
5. Spherical, free-form, sculptural, other non-planar signs—The area
enclosed by the smallest imaginary regular shape or combination of shapes
which would fully contain all portions of the sign when rotated
horizontally around the sign.
Page 22 of 40
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33.12.2. Abandoned signs and supporting structures. The owner of any premise on which
there is displayed or maintained an abandoned sign or abandoned supporting structure
shall comply with the following requirements:
A. If it is an abandoned portable sign, remove or cease displaying the sign
within thirty (30) days of the date it becomes abandoned.
B. If it is a ground sign that does not meet the size, height, setback and other
requirements of this Chapter and is abandoned on or before March 17, 1993, the
owner shall cease displaying the abandoned sign, remove the sign, modify or
relocate the sign, or put a blank face or other bona fide message on the sign by
June 17, 1993 as is necessary to comply with the requirements of this Chapter.
C. If the ground sign does not meet the requirements of this Chapter and is
abandoned after March 17, 1993, the owner shall cease displaying the sign,
remove the sign, modify or relocate the sign, or put a blank face or other bona fide
message on the sign within ninety (90) days of the date is becomes abandoned, as
necessary to comply with the requirements of this Chapter.
D. If a supporting structure used or designed to be used with a ground sign is
abandoned on or before March 17, 1993, and the abandoned supporting structure
does not comply with the size, height, and setback, or other requirements
applicable to ground signs, the owner of the premises shall cease displaying the
supporting structure, or remove, modify or relocate the structure, or put a blank
face on a sign with a bona fide message on the supporting structure by June 17,
1993 as necessary to comply with this Chapter. If a supporting structure that does
not meet the requirements applicable to ground signs is abandoned after March
17, 1993, the owner shall cease displaying the supporting structure or abandoned
supporting structure; 1) remove 2) modify 3) relocate the structure and put a blank
face or bona fide sign on the supporting structure within ninety (90) days of the
date the supporting structure becomes abandoned as necessary to comply with
those requirements. In determining whether the supporting structure complies
with the size requirements applicable to ground signs, the effective area of the can
frame, or similar part of the supporting structure that holds or to which the sign is
attached shall be measured in the manner applicable to signs, except that all air
spaces shall be counted.
Page 23 of 40
E. If an abandoned supporting structure does not have a can, frame, or similar
part of the supporting structure that would hold the sign or to which the sign
would be attached, and such a part or face or sign is placed on the supporting
structure, the effective area of the sign or blank face placed on the supporting
structure shall not exceed the requirements of this Chapter.
F. No abandoned sign or supporting structure which is altered under the
provisions of this section shall be made more non-conforming.
G. Altering, putting a blank face, or putting a sign on an abandoned
supporting structure which is abandoned after March 17, 1993, and which would
be non-conforming, and the cost of which exceeds sixty (60) percent of the
reproduction cost of the existing abandoned sign or supporting structure shall not
be permitted unless in accordance with Section 33.10.5.A.
H. Any abandoned sign or abandoned supporting structure displayed or
maintained, or not removed, modified, or relocated in accordance with this
Chapter by the owner shall constitute a violation of this ordinance, and be
considered an unlawful sign and may be removed by the City in accordance with
the provisions applicable to the removal of unlawful signs or the owner may be
prosecuted as provided under City ordinances or be enjoined from continuing
such violation.
I. As used in this section, abandoned supporting structure means the poles,
beams, cables, or other materials that are used or once were used to support an
abandoned sign or signs.
J. If a ground or attached sign that conforms to the regulations of this
Chapter is abandoned, the owner shall cease displaying the sign and supporting
structure or remove same so as not to be visible from any public right-of-way, or
paint out or cover the message portion of the sign, or put a blank face on the sign
in accordance with this Chapter, or place a bona fide message on the message
portion so as to leave the message portion and supporting structure neat and
unobtrusive in appearance, within ninety (90) days of the date it becomes
abandoned.
33.12.3. Sign face standards.
A. Standards. The following shall be required for the use, display,
maintenance, or permitting of an alteration of any abandoned sign or supporting
structure regardless of when the sign was abandoned:
1. Like material. Only the same or like quality material as that being
replaced or that was last installed and used as a face on or in the
abandoned sign or supporting structure may be allowed as the sign face, or
that part of the structure that carries the sign message or that is blanked.
The face of the supporting structure must be one which the supporting
structure is designed to support. Painting over a face is allowed to blank
Page 24 of 40
the sign face. Examples: Plastic face replaces plastic face, metal replaces
metal, wood replaces wood face, etc.
2. Sign copy to be unseen on blank faces. Routed, embossed, or
raised messages or sign copy must not be able to be seen, if the face or
message is blanked.
3. Color of blank faces. Blank faces must be of one (1) color.
4, Covered messages.
a. Painting. Abandoned signs may be painted in order to
"blank" the face. However, the paint must completely cover the
sign face or message portion of the structure. The covered, painted
over message must not show through the paint.
b. Abandoned sign. Covered sign faces must be of a material
or substance which renders the resulting sign face completely
blank, opaque, and resistant to deterioration. Bleeding or showing
through of a covered message or blanked face shall constitute the
displaying or maintenance of an abandoned sign in violation of this
Chapter.
5. Unlawful to cover sign. No person shall cover signs with bags or
tarps of any material.
6. Issuance of Permit. No Permit shall be issued for which a
dilapidated or deteriorated condition, unless the Permit specifically
requires repair and conformance with this Chapter.
B. Permit Required. Prior to any alteration or restoration of an abandoned
sign or supporting structure, a Permit for such shall be required in accordance
with the provisions of this Chapter.
33.12.4. Sign Maintenance. It shall be unlawful for any person to display, erect, locate,
relocate, or keep any dilapidated or deteriorated sign, or for which a permit is required
but has not been obtained.
33.12.5. Wind loads. All ground, projecting, and roof signs shall be designed and
installed to withstand a wind pressure of not less than twenty (20) pounds per square foot
of area and shall be constructed to receive dead loads as required by the Building Code.
33.12.6. Use of right-of-way. No person shall cross or park a vehicle on a state or city
right-of-way for the purpose of maintaining a sign adjacent to the right-of-way.
33.12.7. Inflatable devices. The following regulations shall apply to any balloon or other
type of inflatable wind device used as a sign:
Page 25 of 40
A. It shall be securely anchored at all times.
B. It shall not extend to a height greater than thirty (30) feet above ground
level unless it is attached to the roof of a building, in which case it shall not
extend more than ten (10) feet above the highest part of the roof.
C. It shall not be allowed to extend over any public street or right-of-way or
over any other property not under the control of the permittee.
33.12.8. Clearance from electrical lines. All signs shall comply with the provisions of the
latest edition of the National Electric Safety Code.
33.13. Portable Signs
33.13.1. Prohibited. It shall be unlawful for any person to display, maintain, erect, place
or relocate any portable sign on any premises within the corporate limits and the
extraterritorial jurisdiction of the City of Denton that is not a registered portable sign. No
new sign permits shall be issued for portable signs within the corporate limits and the
extraterritorial jurisdiction of the City of Denton from and after November 5, 1997.
33.13.2. Lawful nonconformity. Any portable sign lawfully existing upon any premises
before February 21, 1989, in accordance with the provisions of any prior ordinance, shall
be allowed to remain on that premises as a nonconforming portable sign, if properly
registered and continuously maintained in accordance with the provisions of this Chapter.
33.13.3. Lawful nonconformity from November 5, 1997. Any portable sign lawfully
existing upon any premises within the City's extraterritorial jurisdiction before November
5, 1997, and any off-premises (billboard) sign lawfully existing upon any premises within
the corporate limits and extraterritorial jurisdiction of the City of Denton before
November 5, 1997, in accordance with the provisions of any prior ordinance, shall be
allowed to remain on that premises as a nonconforming portable sign, if properly
registered and continuously maintained in accordance with the provisions of this Chapter.
33.13.4. Maintenance of nonconforming signs. A nonconforming portable sign which is
properly registered in accordance with this Chapter, shall not:
A. Be moved to another premises so as to be visible from any public street;
B. If removed from any premises for any reason, be placed on the same
premises so as to be visible from any public street.
33.13.5. Anchoring. All lawful nonconforming portable signs shall at all times be
securely anchored so as to prevent overturning or unsafe movement, the sufficiency of
such anchorage to be determined by the Director.
Page 26 of 40
33.14. Regulation of Signs by Zoning Districts.
33.14.1. Residential Districts. The following regulations shall apply to RD-5, NR-1, NR-
2, NR-3, NR-4, NR-6, NR-12, DR-1, and DR-2 zoning districts, as shown on the official
zoning district map of the City:
A. Permitted and prohibited type. Ground, wall, wind device and temporary
signs are permitted in residential districts. Roof, projecting and billboard signs are
prohibited in residential districts.
B. Effective area and height. No ground sign shall have an effective copy
display area greater than fifty (50) square feet or a greater height than six (6) feet.
C. Setbacks. All ground signs shall maintain a minimum setback of ten (10)
feet from the curbline and any side or rear yard property line, except that any
ground sign may make use of a supporting structure for a ground sign that was
lawfully erected on or before February 21, 1989, without regard to the side or rear
yard setbacks specified in this subsection, if the sign so placed would not violate
any other provision of this Chapter. (See Illustration 14a, attached to the
ordinance from which this section is derived and on file with with the Planning
and Zoning Department.)
D. Number of ground signs. Only one (1) ground sign which is not a
temporary sign, shall be located on any one premises, except as follows:
1. Any premises having frontage on more than one (1) freeway,
arterial or collector street may locate one (1) on-premise ground sign in
the defined front yard of each street, provided that neither sign is located
within that area that includes the overlapping front yards of both streets.
2. Any premises which has more than five hundred (500) feet of
public street frontage on a freeway, arterial, or collector street may make
use of one (1) additional sign for each five hundred (500) feet of
additional frontage on that street, or fraction thereof, if each additional
sign permitted is located more than sixty (60) feet from another permitted
ground sign on the same premise. The distance between the signs shall be
measured along the curbline, from and between the two (2) points on the
curbline which are nearest the two (2) signs.
3. Temporary Signs. See Section 33.16,
Page 27 of 40
E. Illuminated sign setback. Any ground sign over ten (10) feet in height and
any wall sign over fifteen (15) feet in height shall maintain the following setback
from any property used for a single-family residence or property zoned for single-
family if the sign would be visible from such property:
Ground or Attached Sign Setback
Non-illuminated 100 feet
Internally Illuminated 200 feet
Externally Illuminated 500 feet
The setback shall be measured in a straight line from the district boundary line or
residential property line to the nearest portion of the sign or its supporting
structure. A sign shall be considered visible from a residential property or district
if the sign can be seen from six (6) feet above ground level from any point on the
property or within the district. The setback shall not apply between a sign and a
single-family residence located on the same premise.
33.14.2. Nonresidential districts. The following regulations shall apply to signs in any
zoning district not designated in Section 33.14.1:
A. Type. Ground, wall, roof, temporary, wind device and projecting signs are
allowed, subject to a sign permit, in nonresidential districts.
B. Effective area and height.
1. Ground signs shall have a maximum effective area and maximum
height based on the street frontage of the property where located, as
follows:
� Street Frontage Maximum � � Maximum �������� Monument Sign
Effective Area Height Effective Area
..._. . � � �. . __�.,..,n._ ..... �a. . ..... .. .�._..e � �.. �. �
I IH 35N, 35E, or ' 250 sq. ft. 40 ft. 300 sq. ft.
35W
Loo 288 1 . m � _____ .. . _______ .... ....
p I 50 sq. ft. I 30 ft. 200 sq. ft.
___ _..........._........_.... � ....________ _— ...__.... ....�._ .m....,.,,.....
Other primary 60 sq. ft. 20 ft. * N/A
arterials
_... ... �.. ..........� _.. ....�� ,...... .... .��,._.
All Other Streets 60 sq. ft �� 6 ft. N/A
*Except for the Central J3usiness districts.
2. Any premises may make use of one (1) on-premises ground sign of
a maximum height of fifteen (15) feet and an effective area of one hundred
twenty (120) square feet, in lieu of any two (2) permitted ground signs.
Page 28 of 40
3. For any premises which has frontage on a primary arterial street
and has more than one (1) tenant or occupant in separate offices, rooms, or
buildings, the effective area of one (1) ground sign, if used to advertise
more than one (1) tenant or occupant, may be increased above sixty (60)
square feet by one-half (0.5) square foot for each foot of frontage on the
primary arterial, but not in excess of one hundred fifty (150) square feet.
C. Setbacks. Ground and projecting signs shall maintain a minimum setback
of twenty (20) feet from the curbline of any public street and a minimum setback
of ten (10) feet from any side or rear yard property line, except as follows:
1. A ground sign may make use of a supporting structure for a ground
sign that was lawfully erected on or before February 21, 1989, without
regard to the side and rear yard setbacks speciiied herein, if the sign so
placed would not violate any other provision of this Chapter.
2. On properties fronting primary arterials, the minimum setback of
twenty (20) feet for ground signs may be reduced up to a minimum of
fifteen (15) feet from any curbline, if the height of the sign is no higher
than the setback (i.e., setback = eighteen (18) feet, height = eighteen (18)
feet or less).
D. Number. Only one (1) on-premise ground sign which is not a temporary
sign shall be located on any one premise, except as follows:
1. Any premise which has street frontage on more than one (1)
freeway, arterial or collector street, may locate one (1) on-premise ground
sign in the defined front yard of each arterial or collector street, provided
that neither sign is located within that area that includes the overlapping
front yards of both streets.
2. Any premise which has more than five hundred (500) feet of street
frontage on a freeway, arterial or collector street may make use of one (1)
additional on-premise ground sign for each additional five hundred (500)
feet of frontage, or fraction thereof, if each additional sign permitted is
located more than sixty (60) feet from another permitted ground sign on
the same premise. The distance between the signs shall be measured along
the curbline, from and between the two (2) points on the curbline which
are nearest the two (2) signs.
E. Spacing Requirements.
1. Off Premises Signs. No off-premises ground sign shall be located
within one thousand five hundred (1,500) feet of another off premises
ground sign on the same side of a public street. The measurement shall be
between the two (2) points on the curblines which are closest to the
respective signs, along and parallel to the curbline and across any
intervening street intersections.
Page 29 of 40
2. Signs and Residential structures. Any ground, roof, or projecting
sign over ten (10) feet in height and any wall sign over ffteen (15) feet in
height, shall maintain the following setback from any single-family zoning
district or property used for a single-family residence if the sign would be
visible from that district or property:
Ground or Attached Sign Setback
Non-illuminated 100 feet
Internally Illuminated 200 feet
Externally Illuminated 500 feet
The setback shall be measured in a straight line from the district boundary
line or residential property line to the nearest portion of the sign or its
supporting structure. A sign shall be considered visible from a residential
property or district if the sign can be seen from six (6) feet above ground
level from any point on the property or within the district. The setback
shall not apply between a sign and a single-family residence located on the
same premise.
33.14.3. Planned development districts.
A. The regulations for signs located in planned development zoning districts
shall be contained in the ordinance or concept or detailed plan approved for the
district, except that no billboards shall be permitted. Should the regulations for
signs be omitted from an ordinance or concept or detailed plan for the district, the
sign regulations that, would be applicable to the most restrictive comparable
zoning district classification, based upon the land uses permitted therein, as
determined by the Director, shall be applied to the district or part thereof for
which the regulations were omitted.
B. Deviations from the standards in this Chapter may be considered if the
continuous street frontage in the planned development district is less than that
required for consideration of approval of a Special Sign District.
C. Deviations from the standards in this Chapter may be approved as long as
the deviations equally meet the objectives of this Chapter, such deviations are
necessitated by the design of the development within the planned development
district, and such deviations are found to meet the criteria as that for creation of a
Special Sign District pursuant to Section 33.17.
D. Approval of deviations from general sign standards shall be supported by
written findings approved either by the City Council, or by the Planning and
Zoning Commission, in those circumstances where the Planning and Zoning
Commission is authorized to approve a detailed plan.
Page 30 of 40
33.14.4. Central business districts. The following regulations shall apply to signs in the
Central Business District:
A. Type. Ground, wall; roof, temporary, wind device, and projecting signs are
permitted in central business districts.
B. Effective area and height. No ground or roof sign shall have an effective
area greater than sixty (60) feet, and no ground sign shall have a height greater
than six (6) feet.
C. Right-of-way limitation on projecting signs. No projecting sign shall
project or extend into the public right-of-way for a distance of more than ten (10)
feet or within two (2) feet of the nearest curbline, whichever is more restrictive.
No projecting sign, supporting structure or part thereof which extends into the
public right-of-way shall occupy any of the space between the ground level and
eight (8) feet above the ground level in the right-of-way.
D. Establishments with a main customer entrance directly facing a public
street or sidewalk may place an A-frame type sign on the public sidewalk
immediately adjacent to such public entrance, during the times when the
establishment is open to the public, subject to:
1. Maximum sign height shall be three (3) feet.
2. Maximum sign width shall be two (2) feet and signs shall not be
placed in front of adjoining property and no portion of the sign shall
extend more than three (3) feet from the building face.
3. Signs must be properly anchored (temporarily) or weighted against
the wind.
4. A minimum clear sidewalk width of forty-eight (48) inches shall
be maintained.
5. Chalkboards may be used for daily changing messages and no
changeable letter on tracks may be used.
6. Signs shall be designed and constructed so as to promote and not
visually obscure the significant architectural features of the National
Register District and its buildings.
7. Signs must be removed after business hours.
8. No other portable signs are permitted.
9. Permits fees for applications, renewals, alterations, and variances
shall be set by City Council as for other signs in this chapter. Applications
for sandwich board or "A" frame signs must be approved by the City of
Page 31 of 40
Denton Historic Preservation Officer before the issuance of a Permit and
all applications must be submitted for Officer approval at least fourteen
(14) days prior to installation.
10. Permits for sidewalk or "A" frame signs shall be valid for the
location designated on the application for one (1) year. Permits may be
transferred to another owner after payment of a transfer fee set by City
Council. Permits may/ shall require that the establishment provide proof of
comprehensive general liability insurance, including coverage for personal
injury (including death), property damage, and advertising injury
(defamation, false light, invasion of privacy) with coverage as separately
provided by ordinance. Such insurance must name the City as an
additional insured and remain in force at all times that the establishment
places an A-frame on a public sidewalk. Further, the insurance must
provide at least thirty day notice to the City of cancellation or expiration.
11. Any variance to the requirements for sandwich board or "A" frame
signs will be handled the same as any other sign variance. The Board of
Adjustment in considering any variance request regarding sandwich board
or "A" frame signs shall consider any recommendation made by the
Historic Landmark Commission regarding the application.
33.15. Attached Signs.
33.15.1. Scope. In addition to any other applicable regulations, the regulations in this
section for attached signs shall apply to the type of sign specified in all zoning districts.
33.15.2. Roof signs; Projection. Roof signs and their supporting structures shall not
extend laterally beyond the exterior walls of the building and shall have a maximum
height and effective area as follows:
Number of Stories Maximum Hei�ht Maximum Effective Area
� .............�.�.� 1 55% of bldg. height�.._........................_._�� ��.�._.�
sq. ft.
2 36% 75 sq. ft.
3to5 30% *
6 to 9 25% *
10 to 15 23% *
16 or more 40 feet *
*For each story above two (2) stories, the effective area of the sign may be increased by
fifteen (15) square feet per story, to a maximum of two hundred fifty (250) square feet.
33.15.3. Projecting signs.
A. Construction. All projecting signs shall be securely attached to the
building or structure.
Page 32 of 40
B. Projection beyond roof. A projecting sign shall not extend upward to a
height greater than the highest part of the roof or any exterior wall, whichever is
higher.
C. Size. The total square footage of all projecting signs shall not exceed
twenty (20) percent of the wall area to which such signs are located.
33.15.4. Signs on common buildings. When one or more attached signs are located on a
building which is divided and contains more than one (1) business or use, the regulation
of such attached signs as to size and projection shall apply separately to the part of the
exterior walls which contain that business or use.
33.16. Temporary Signs.
33.16.1. Temporary Signs. A temporary sign shall be considered a ground sign and shall
be permitted only according to the standards for ground signs except that a temporary
sign not larger than thirty-two (32) square feet in effective area need not obtain a sign
permit if:
A. The supporting structure of this sign is not larger than one in which two
(2) perimeter dimensions are greater than four (4) inches or one in which the
diameter is not greater than four (4) inches;
B. No more than one (1) off-premises sign advertising the sale or lease of one
(1) piece of real property or one (1) real estate subdivision or development sign is
placed on any one premises;
C. No temporary sign shall be located within any public street median or
within ten (10) feet of any curbline; and
D. The temporary sign shall be removed or cease to be displayed within ten
(10) days after the event being communicated or advertised on the sign has
occurred.
33.16.2. Wind device signs.
A. Wind device identiiication tag. The Director or designee shall issue a
registration tag to the wind device permittee. The wind device permittee shall
cause the tag to be affixed in a conspicuous place on the permitted wind device.
B. No Permit shall be required to display one or more flags on any one
premises.
Page 33 of 40
3 3.17. Illustrations.
33.17.1. Ground sign setback. The illustration of setbacks for ground signs is as follows:
���������
����ii��ui�,��� �iiii���m��
�:�u���;�;��
�i �l � �i. '�� � .�. Wb � �!'
" ������
33.17.2. Measurement of Height. The illustration for measurement of height is as
follows:
M6ASUREMEN'C QF l-fEIG%{'C
� a�dmum Hcight �-.... � �e.�
.��
�� ,�--� Horizontal I.ine ��---•
�C�1
Below Curbline
w
�►---- Vertical Line
f
i
�
s
9
I
1
? S'CRESI'
�'�.R�"R,93�.1�+�
IfC 35 M�AS(JRElvIE.NT
Maximum i{cight -----
� �c�c�
i
q
i
sr��a �
��'w ..�
��i
Id
�
�a
��.� d
GROUND LEVEI. °--��
S1GN
n�vr a�eu�o
Horizontal ��k�� �--�
.m,,.,. _ .� _ ... ..,. ..�. ��. _. ..., ..., ,�... ..��... ___ ��.
I� N�
d �
n �
� �
� �
, r
� a
��,..w��..��.. v��c;�i uo� --�---•i
�, t
d� a
� �
a �
� " - ���a
x
^`"�.w.„.p .� PRINC[PAL LANF5
FROCfCAGE ROAb
Page 34 of 40
33.17.3. Number and placement of ground signs. The illustration for the number and
placement of ground signs is as follows:
���4 �,� ��� � � � �� ��� �
�"" �« i�'� � ���' �: �ti� �
��4������M� ��"����.,.,.,,..
���;����;�� �,.
,.Nn� ���,�w Po���ti
�� �
�i ����,:e�a iu�aa�
�
,. ,�„ ,,, �, .. ,. �
�a1e/pvollG�ilW' �.
� ���� o�������«v
+; �;1 '1f 3 1 � 4V V a!�'N1' NY/-,�9+I0=J�u... t
u al , �. .
»,�,m^,9,�7��7�a.«+�u�,mu��';�A%�'�r.a� i�iia;�;«�u,r".
�« wm�.
�,,,w �,e��
�� w w �k w m�w � rm ���u, m,,•,:ex���
�u'�����;� � �������'��'���
33.17.4. Visibility point. The illustration for the visibility point of signs is as follows:
�
��.�
�„ � �
� � � ��° �.
o�n"�
��.„� �� � �,���� .� �
�� � a�e, n���� � � � ,, ���
�. � � � a ����� �� � .,��� °� �°"°
�� , -� �� ��" � � �
� �, �
-� f�,� ���
�� row� � � � � ��ro� ��
�. �
�, �.�. ��r� W.,�
�w4a „p �� „�„�
.�2a �,�
� ��
'�•�
����
33.17.5. Exceptions to effective area. The illustration for exceptions to the effective area
of signs is as follows:
ER��C7'IVE AREA
.� _......
EXCEPTIONS
33.18. Special Sign Districts.
33.18.1. Purpose. The purpose of a special sign district is to allow properties to deviate
from the sign regulations of this Chapter if a qualifying property has an alternate
Page 35 of 40
Comprehensive Plan that is clearly superior to what could be accomplished under
standard regulations.
33.18.2. Application and plans. Any person requesting the creation of a special sign
district, or amendment of a sign district, shall submit an application, the fee and the
required plan, along with any other information specified by the Director.
33.18.3. Sign plan. The sign plan for the district shall show, in the form and manner
specified by the Department, the location, setback, size, dimensions, height of all signs
regulated by this Chapter, any other conditions, restrictions, or regulations that will apply
to the district, and any other information specified by the Department, the commission, or
Council needed to adequately evaluate the sign plan. Such information may include, but
is not limited to, information concerning the items noted in Section 33.17.4.
33.18.4. Creation, Review of Plan, Criteria. The City Council may approve the creation
of a sign district for any property which has more than three hundred (300) feet of
continuous street frontage on one (1) public street if it finds the district:
A. Provides a Comprehensive Plan for signs that would be clearly superior to
what would be allowed without the plan;
B. Would be compatible with surrounding properties. In considering whether
a district and sign plan is "compatible" and "clearly superior", the Commission
and Council shall consider, but are not limited to considering the following:
1. Scale. The relationship between and compatibility of sign scale,
site scale and the scale of nearby buildings.
2. Color. The relationship between and compatibility of sign color to
the color of nearby buildings and landscaping: The degree to which sign
colors are complimentary to its surroundings.
3. Material. The materials of the signs and how they relate to their
surroundings.
4. Shape. The shape and design of the signs and how they relate to
their surroundings.
5. Landscaping. The relationship of signs to landscaped features in
and outside the district.
6. Traffic Safety and Traffic Circulation. The impact of the signs on
driver's view, the degree to which view obstructions are created or
improved, avoidance of confusion with or obstruction of traffic control
signs and devices, and the time it takes a motorist to read the sign.
Page 36 of 40
7. Illumination. The impact and compatibility of sign illumination
within the district and in relation to neighboring properties. The avoidance
of glare and light pollution.
8. Integration. How the signs in the district are integrated into a
unified development concept with the topography, building design, other
signs, landscaping, traffic circulation and other development features on
the district and nearby property.
a. Is not being used merely to avoid or gain a variance of the
sign regulations;
b. Does not violate the spirit or intent of the sign regulations;
and
c. Complies with the requirements of this section.
C. Under no circumstances may a Special Sign District be used to authorized
construction of new billboards or any other new signs that are otherwise prohibited under
Section 33.4, or one or more signs that will be used for general advertising for hire.
33.18.5. Conditions imposed. The Planning and Development Department and the
Planning and Zoning Commission may recommend and the City Council may impose
appropriate conditions concerning the placement, design or use of signs in the district in
order to protect surrounding properties, the community, and comply with the intent of
this Chapter.
33.18.6. Procedures. The procedures for approval of a sign district and thereafter any
amendment of the district, shall be the same as those applicable to a change in zoning
classiiication or regulations.
33.18.7. Designation on zoning map. Property approved as a special sign district shall be
shown on the official zoning map with the abbreviated designation "SD".
33.18.8. Reduction and Mitigation of Legally Nonconforming Prohibited Signs. To
further the goal of reducing, mitigating or bringing into compliance existing legally
nonconforming signs, while recognizing that the application for a special sign district is a
voluntary choice of the applicant, and neither an entitlement nor a governmental mandate,
the approval of a Special Sign District must be predicated upon the applicant's agreement
to remove all existing legally nonconforming prohibited signs from within the boundaries
of the district, subject only to the following exceptions:
A. Billboards. As an alternative to removal, a requested Special Sign District
may propose the relocation of one or more legally nonconforming off-premises
signs (billboards) within the confines of the Special Sign District, without losing
their legally nonconforming status, subject to the following restrictions:
Page 37 of 40
1. In proposing the relocation of one or more legally nonconforming
billboards within the confines of the Special Sign District, none of the
following measures, as they relate to legally nonconforming off-premises
signs within the Special Sign District only, may be increased, and at least
one or more of the following measures must be decreased by twenty-five
(25%) percent or more:
a. The total number of billboard structures;
b. The total number of billboard sign faces;
c. The area of each billboard sign face.
2. No relocated or modified billboard or billboard structure may be
reconstructed using different materials or designs, except that reasonable
repairs not altering the structural design may be performed pursuant to the
standards set forth at §33.10.5. Such relocated sign shall be placed, insofar
as possible, as to comply with the provisions of this Chapter. No
enhancements, such as lighting improvements, moving panels, electronic
displays or other features not associated with the original sign display may
be authorized.
3. If a Special Sign District proposing such relocations and reductions
is approved, then upon implementation of all proposed reductions, any
signs so relocated or modified shall continue their previous status as
legally nonconforming off-premises signs, as modified or relocated, and
shall be subject to all standards, restrictions and registration requirements
otherwise applicable to nonconforming off-premises signs.
B. No Exception for Portable Signs or Other Prohibited Signs. A Special Sign
District may not allow the relocation or continued permitting or operation of any
prohibited sign other than billboards, as set forth in 33.18.8.A, above. Relocation
of portable signs within the City or its Extraterritorial Jurisdiction is specifically
prohibited.
C. Property Interests. To ensure that the proposed relocation or reduction is
voluntary, and will not trigger claims against the City from individuals holding or
claiming property interests in the signs relocated or reduced, the application shall
demonstrate authority of the applicant to act on behalf of any person or entity
possessing or claiming any ownership interest in the signs, structures and
associated real property interests so mitigated or reduced, and shall provide the
following:
1. The application shall attach a notarized stipulation from each
person or entity owning or claiming an ownership interest in each sign
relocated or reduced, demonstrating the following:
Page 38 of 40
a. Consent to the relocation or reduction as a voluntary act, or
for other consideration received from applicant;
b. Stipulation that consent is not coerced under any actual or
threatened regulation or exercise of eminent domain by the City;
c. Stipulation that no compensation is due or expected from
City in connection with the relocation or reduction, and that no
protections provided by Chapter 216 of the Texas Local
Government Code, or its successor, are sought or appropriate to the
relocation or reduction; and
d. In the event of ownership of a property interest by a
corporation or other business entity or association, proof that the
person executing the stipulation has actual authority to bind the
owner to the stipulation.
2. The applicant shall contemporaneously execute, in a form
approved by the City Attorney, its agreement to indemnify and hold
harmless the City of Denton, its employees, agents, officers and elected
officials, from any claim or request for declaratory relief arising out of
such reductions or mitigating measures, if brought by any person or entity
claiming any property interest in any sign.
SECTION 6. The codified provisions of this Ordinance shall directly supersede and
replace Subchapter 35.15 of the Denton Development Code for all purposes. Any remaining
references to Subchapter 35.15, if contained elsewhere in the Code or Denton Development
Code shall instead be construed to apply to Chapter 33 of the Denton Code of Ordinances, as
herein amended, and the codifier is hereby delegated authority to make editorial changes as
necessary to carry out that purpose.
SECTION 7. Any person violating the provisions contained within Section 5 of this
ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a
provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 8. The provisions of Sections 5, 6 and 7 of this Ordinance shall become
effective fourteen (14) days after passage and approval of this Ordinance, and the City Secretary
is hereby directed to cause the caption of this ordinance and the penalty for the violation of these
sections to be published twice in the Denton Record-Chronicle, the official newspaper of the
City of Denton, Texas within ten (10) days of the date of its passage.
SECTION 9. To the extent not otherwise provided, this ordinance shall repeal every
prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall
be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this
ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions
thereof as are expressly repealed hereby.
Page 39 of 40
SECTION 10. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
PASSED AND APPROVED this the ��� day ���1"�� ��!� ����, , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� � " � � � ��"� � � �"� �,'��� f� � ��°`,.
BY: � ���"�...�.:.. �� �' ��.'/�—���� � v� ��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, �"�PI °�� �"l"°�'�:�����
:
Page 40 of 40
1,�'.� 1"°"�"�, MAYt"�R