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2003-199 %(+$1$%$1$-"$%.1, 2003199 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201117109/20/11JR AmendedbyOrdinanceNo.201215607/17/12JR NO. GIP3-/¢¢ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 35.5 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF BRINKER ROAD AND RAILSTO TRAILS RESERVE INTERSECTION IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD03-0001) WHEREAS, Ed Jeske, has applied for adoption of a Special Sign District on real property containing approximately 35.5 acres of land in Regional Center Residential 1 (RCR-1) and Regional Center Commercial Neighborhood (RCC-N) zoning districts, such real property being more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on May 14, 2003, the Planning and Zoning Commission, after a public hearing, recommended approval of the Special Sign District; and WHEREAS, thc City Council finds that the Special Sign District is in compliance with the Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton, and is consistent with the Denton Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. The Special Sign District is hereby approved on the Property subject to the following conditions: a. Signage on the Property shall be developed, constructed, used, and maintained in accordance with and limited to the Sign Site Plan attached hereto and made a part hereof as Exhibit "A", the Special Sign District Elevations attached hereto and made a part hereof as Exhibit "B", the Special Sign District Conditions attached hereto and made a part hereof as Exhibit "C" and the Special Sign District maximum effective area, dimensions and heights table attached hereto and made a part hereof as Exhibit "D". b. All signs must be of the same material and color. SECTION 2. This ordinance shall supercede all requirements of the Sign Ordinance affecting the Property that are in conflict with or addressed by the Special Sign District Plan and the Special Sign District Regulations established by this ordinance. All other provisions of the Sign Ordinance shall remain in full force and effect against the Property. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be f'med 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. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /~--~dayof ~.~ ,2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY Page 2 Exhibit A Exhibit B Sign 'A' Sign Elevations Sigiq 'B' Si Exhibit C SPECIAL SIGN DISTRICT CONDITIONS 1. LOCATION. Signs permitted under the Special Sign District must be generally located as set forth on the plan attached as Exhibit "A". Such signs are conceptual. The exact locations of the signs shall be determined during final site plan approval. 2. SETBACKS. Front, side and rear yard setbacks permitted under this Special Sign District shall conform to the setbacks set forth or signs in Subchapter 15 of the Development Code and in the appropriate zoning district for the property on which the signs are located. 3. EFFECTIVE AREAS, DIMENSION, HEIGHT. The maximum effective area, dimensions, and height for signs permitted under the Special Sign District shall be set forth in Exhibit "D" which is attached hereto for all purposes. 4. PREMISE SIGNS. For purposes of satisfying any and all requirements and regulations under Subchapter 15 of the Development Code, all property within the boundaries of this Special Sign District, whether such property is subdivided or platted into separate lots, shall be considered one lot such that all signs within the Special Sign District shall be considered premise signs. Any sign within the Special Sign District may advertise any use within the Special Sign District. This Special Sign District shall not prohibit or regulate in any way, either signs which would otherwise be considered as premise signs but for this Special District, or signs which would be exempt fi:om the provision of Subchapter 15 of the Development Code. 5. MAXIMUM NUMBER OF SIGNS. The maximum number of signs shall be identified on the plan attached hereto as Exhibit "A". 6. COLOR AND MATERIAL. Signs shall be constructed of natural materials, in earth tone colors, such as, without limitation, brick, stone, concrete, or other masom'y materials and wood Irirn. 7. EFFECT OF SUBCHAPTER 15. Where not specifically amended by this Special Sign District, the provision of Subehapter 15 of the Development Code shall remain in full force and effect. In the event ora conflict between the provisions of Subchapter 15 of the Development Code and the Special Sign District, the provisions of the Special Sign District shall prevail. Exhibit D