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1999-097 O ANCENO AN ORDINANCE AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE I, SECTION 33-6 TO ABOLISH SIGN BOARD OF APPEALS, AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" BY ADDING NEW SECTION 33 6 PROVIDING FOR THE APPEALS, VARIANCES AND SPECIALS EXCEPTIONS REGARDING CHAPTER 33 BE HEARD BY THE ZONING BOARD OF ADJUSTMENT, AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 33-49, 33-122 AND 33-125 BY REPLACING SIGN BOARD OF APPEALS WITH BOARD OF ADJUSTMENT, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on November 20, 1990, the Cay of Denton adopted ordmance 90-182 creating the S~gn Board of Appeals, and WHEREAS, on January 26, 1999, the C~ty Council, C~ty of Denton recommended to dissolve the S~gn Board of Appeals and return the duties to the Zomng Board of AdJustment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That Chapter 33, Code of Ordinances, City of Denton, Texas "Signs and Advertising Devices" is hereby amended by repealing Artmle I, Section 33-6 m its entirety ~ That Chapter 33, Code of Ordinances, City of Denton, Texas, is hereby amended by addmg Section 33-6 to read as follows Sec. 33-6. Appeals, variances and specmi exceptions. (a) The Board of Adjustment (board) is authorized to hear all appeals, variances, and specml exceptions m accordance with powers, rules and procedures applicable to the Board of Adjustment in Chapter 35, "Zoning" Code of Ordinances, City of Denton, Texas and Chapter 211 of the Texas Local Government Code (b) The Board of Adjustment shall have the following duties (1) To hear and demde an appeal that alleges error in an order, reqmrement, decision, or determination made by an administrative official in the enforcement of th~s chapter (2) To hear and demde specml exceptmns to the terms of this chapter when this chapter requires the board to do so (3) To hear and dec,de on requests for variances in the regulations of this chapter (e) Appeals to the board (1) Appeals may be brought by any person aggrieved by a decision or by any officer, department, board, or bureau of the municipality affected by the decision (2) The appeals shall proceed and be governed as all other appeals to the Board of Adjustment (d) Variances to the sign regulations (1) Any person requesting a variance from the provisions of the sign regulations shall submit an application on a form provided by the city, conttumng the ~nformation and plans requested In the application, along w~th the established filing fee (2) The board shall act upon the variance request within a reasonable time Notice of the heanng shall be given in the same manner as appeals to the board (3) The board may grant a variance from a requirement of th~s chapter if its finds all the following exist a Due to some unique condition or feature of the property which is not generally common to other properties, hteral comphance with the s~gn regulation would cause unnecessary hardship, b The granting of the variance will not violate the spirit or the ~ntent of the ordinance, and c The condition or feature which creates the need for the variance d~d 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 board grants a variance, the variance shall be granted only to the extent that ~t 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 chmrperson If a variance ~s denied, the decision shall state the conditions for the vanance wluch were not met If the board grants a variance, the decision shall state that all conditions for a vanance were met, specify the degree to which the regulations are being vaned, and be signed by the members voting m favor of the variance (e) Special exceptions The board may grant a special exception from the provisions of this chapter for the setback or height of s~gn, other than a portable sign, under the followmg circumstances (1) VlSlblhty obstructions When fifty (50) percent or more of the effective area of a 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 ex~stlng building, structure, or the natural ground As used herein, "vlsabahty point" shall mean the viewing locations, at a height of six (6) feet, determined by extending the side yard setback lines of the property so as to intersect the curb hne of the public street fronting the property, then measunng from the intersecting points along the curb lane away from the property in each direction for a distance on one hundred (100) feet If the street fronting the property is one-way, the VlSlblhty point an the darectmn from which traffic approaches the property shall be used to determine the visibility requirement (See Appendix Illustratmn No 14d) (2) Medical Emergency signs When signs located on the property of an emergency medmal treatment facility would not, because of the setback or height requirements of this article, be readily visible from adjacent pubhc streets For purposes of this provision, "Emergency Medical Treatment Facility" shall mean any hospital, chine or other facility where medical md as offered to a person or animal whmh suffers an injury or illness that requires immediate medical attention In granting a special exception, the board shall specify by written order the setback or the height that wall be allowed, but m doing so shall not allow deviation from the prowslons of thru chapter beyond what is minimally necessary to remedy the situation allowing for the special exception (f) Judicial review of board decisions Appeals from any decision of the board under this chapter may be made an accordance with the provisions applicable to all other appeals of the board of adjustment ~,uQT. LO._~ That Section 33-49 of Chapter 33 of the Code of Ordmances of the City of Denton is hereby amended to read as follows See 33-49. Appeal of revocation. Any aggrieved person may appeal a denial, proposed revocation, or revocation of a license to the board of adjustment as provided herein ~ That Section 33-122 of Chapter 33 of the Code of Ordinances of the City of Denton xs hereby amended to read as follows Sec 33-122 Removal; appeals. If the person ordered to correct a violation fails to do so within the tame specified, the building official 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 ~ That Section 33-125 of Chapter 33 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec 33-125. Appeal Any aggrieved person may contest the reasonableness of the cost of removal of a sign imposed hereunder by filing an appeal w~th the board of adjustment within twenty (20) days of the mmhng of the notice of the costs The board may uphold the cost imposed by the bmldmg official or impose and levy whatever cost it considers reasonable Storage costs shall not be appealable, EC IS._~.T.!_Q.~T_~ That this ordinance shall repeal every prior ordinance ~n 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 m darect conflict herewith, this ordinance shall be and ~s hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby ~ That ~f any provisions of this ordinance or application thereof to any person or circumstances ~s held ~nvahd by any court, such holding shall not affect the validity of the remammg portions of this ordinance, and the City Cotmcll of the City of Denton, Texas hereby declares that It would have enacted the remmnmg portions despite any such lnvahd~ty ~ That any person violating any prows~on of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000 00) Each day that a prows~on of this Ordinance is wolated shall constitute a separate and distract offense ~ That this orchnance 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 twine in the Denton Record-Chromcle, the officml newspaper of the City of Denton, Texas within ten (10) days of the date of Its passage PASSED AND APPROVED this the O7~9/ day of ~~.~, 1999 JACK~fl~I~ER, MAYOR ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared\dept\LGL\Our Documents\Ord~nances\99~slgn board doe