2008-134FILE REFERENCE FORM 2008-134
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Amended by Ordinance No. 2008-316 12/09/08 J R
ORDINANCE NO. 08- 12
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER
35.15.10.6 OF THE DENTON DEVELOPMENT CODE PERTAINIG TO THE DEFINITION OF
"PREMISE" AS IT RELATES TO SIGNS, AMENDING SUBCHAPTER 35.15.10.6 OF THE
DENTON DEVELOPMENT CODE PERTAINING TO THE RELOCATION OF SIGNS, AND
CREATING SUBCHAPTER 35.15.18.8 OF THE DENTON DEVELOPMENT CODE
PERTAINING TO RELOCATION, REDUCTION AND MITIGATION OF LEGALLY
NONCONFORMING AND PROHIBITED SIGNS; PROVIDING FOR A PENALTY CLAUSE
WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (DCA08-0004)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.15 of the Development Code, pertaining to sign regulations; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.15 of the Development Code is hereby amended in part, as
particularly described in Exhibit A, attached hereto and made part hereof by reference. All other
provisions of Subchapter 35.15 not specifically changed by this amendment shall remain in full force
and effect.
SECTION 3. Any person violating any provision 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 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the y of 12008.
(aA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATYOR
BY:
da
PERR cNEILL, AY R
PAGE 2
Exhibit A
35.15.2 Definitions.
The following words, terms and phrases, when used in this Subchapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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 unplatted tract of
land as conveyed by deed or operation of law and recorded in the deed records of the
county.
35.15.10.6 Relocation Under Eminent Domain.
Notwithstanding any other provision of this Subchapter, any sign which is a legally
existing nonconforming sign may be relocated on the same lot or tract of land if the sign
is required to be removed from its present location because the property upon which the
sign is located is acquired by any governmental agency or other entity condemning
authority which has or could have acquired the property 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 1000' 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 Subchapter.
C. This section does not preclude the option of voluntarily relocating billboards
under §35.15.18.8, provided that all conditions therein are satisfied.
35.15.18.8 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.
In proposing the relocation of one or more legally nonconforming off-
premises signs (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 25% or more:
a. The total number of off-premises sign structures;
b. The total number of off-premises sign faces;
c. The area of each off-premises sign face.
2. No relocated or modified off premises sign or sign 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 §35.15.10.5. Such relocated sign shall be placed,
insofar as possible, as to comply with the provisions of this Subchapter.
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 35.15.18.8.A, above.
Relocation of portable signs 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:
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:
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. 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