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HomeMy WebLinkAboutOrdinance 2916 ORDINANCE NO. 2916 AN ORDINANCE AMENDING CHAPTER 106 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE SIGN REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council having previously adopted a sign ordinance wishes to amend certain sections thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Section 106-2 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 106-2. Definitions. All definitions of words contained in this chapter shall correspond with the most appropriate definitions appearing in the Webster's New Collegiate Dictionary, unless specifically defined in this section. For purposes of the regulations of this chapter, 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: Awning means an architectural projection, which provides weather protection, identity or decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached which may be of fabric or other materials, and may be illuminated. Sign text and logos on awnings are included in the wall signage area, but only the area of the sign, not the entire awning. Banner sign means a temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with or without frames. Billboard sign means an outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises. A billboard sign is also known as an off-site advertising sign. Ordinance No. 2916 Page 1 of 23 Building official means the administrative official charged with responsibility of enforcing and interpreting this chapter. Building sign means a permanent sign that has its supporting structure depending on a building for support and includes wall signs, canopy signs, projections signs and outdoor menu board signs. Canopy sign means a permanent sign which is attached to a fuel station canopy. Community event means an event that is sponsored by a nonprofit organization as defined by section 503(c) of the United States Internal Revenue Code, as amended, and formed for the use, benefit and enjoyment of its members to achieve religious, recreational, charitable, municipal or educational pursuits. Electronic message board means a sign utilizing a fixed light source to provide a message in text, pictures or symbols that may appear to move or may appear as an on/off message. Flag means a piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal, or an emblem. Freeway overlay zone means the zone located within an area 200 feet from and parallel to the right-of-way of I.H. Loop 820 and State Highway 121. Ground sign means a permanent sign that has its supporting structure depending on the ground for attachment and includes pole signs, monument signs, outdoor menu message boards, electronic message boards and traffic directional signs. Illumination means, for the purposes of these regulations, as follows: (1) Internal lighting. A source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible. (2) Internal-indirect lighting. A source of illumination entirely within the sign (generally a freestanding letter) which makes the sign visible at night by means of lighting the background upon which the freestanding character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of the illumination shall not be visible. (3) Indirect lighting. A source of external illumination located a distance away from the sign, but designed specifically to illuminate the sign, when it is not visible to persons viewing the sign from any normal position of view. Ordinance No. 2916 Page 2 of 23 Incidental signs means a permanent sign that has a purpose secondary to the use of the property that provides information rather than advertising. Examples of such signs are traffic directional signs interior to the lot, "employee only parking," "loading zone only," "truck traffic only" signs. Incidental signs on windows may include credit card logos and hours of operation. Light pole banner sign means a temporary sign which is painted or printed on a strip of all weather cloth, canvas, or other flexible material which is designed or manufactured for outdoor use mounted on a light pole on private property. The sign material shall be secured in such a manner to render the sign stationary. Lot means land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in the city's zoning chapter (chapter 118), and usually having its principal frontage upon a street or upon an officially approved place. Lot width means the minimum width of a lot measured at the front building line or chord length when the front of the lot is curved. Major development sign means a permanent ground sign that provides advertising media for certain sized multi-tenant developments. Monument sign means a permanent ground sign generally constructed out of brick, stone or cast concrete material supported on concrete foundation across the entire base of the structure and which may have an open space between the bottom of the sign and the ground which does not exceed one foot. Non-conforming sign means a sign which although not meeting current ordinance requirements met all ordinance requirements at the same location and time it was erected, painted or placed and at all times it was thereafter altered. Obsolete sign means a sign that advertises or identifies a business, product or service that is no longer in existence at that location. Off-premises sign means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product which is not principally located or primarily manufactured or sold on the premises on which the sign is located. On-premises sign means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. Outdoor menu board means a permanent ground sign or wall sign that provides an itemized listing of menu items and prices for food service establishments. Permanent sign means any sign other than temporary or portable signs defined in this section. Ordinance No. 2916 Page 3 of 23 Pole sign means a permanent ground sign that is supported totally from the ground. The message area is located on top of the support structures. Portable sign means those signs that are not firmly attached to the ground, a building, or other structure, and those that can be easily moved or carried about and reused numerous times at different locations. Determination by the building official or his designated representative as to whether any sign is portable shall be controlling. Projection sign means a permanent wall sign that is mounted to the exterior wall of a building and that is mounted perpendicular to the wall of the building. Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and usually extending vertically above the highest portion of the roof. Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform. Sign area means the total area within the extreme perimeter of the attraction area intended to draw attention to the sign. Exception: Monument signs. Sign height means the vertical distance measured from natural grade to the top of the sign, measured at its highest point above ground level. For purposes of measurement, the natural grade shall be the elevation created by the undisturbed existing grade, or by normal site grading, when creating a development site. It shall not include any super elevation treatment. Sign rider means an attachment to a real estate sign "detailing" certain features of the property, such as "Four Bedroom," "Pool," "Game Room," or the agent's name. Temporary sign means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like material, with or without frames, and any type sign not permanently attached to the ground, wall or building, intended to be displayed for a short period of time only. Traffic directional sign means any sign used only to control and direct traffic into or on private property, e.g., "ENTER" or "EXIT." Wall sign means a sign painted on or attached to the wall surface of a building. Wall surface means the general outer surface of any main exterior wall of the building or structure not including cornices, bay windows, or other ornamental trim. Section 2: That Section 106-3 of the North Richland Hills Code of Ordinances be amended to read as follows: Ordinance No. 2916 Page 4 of 23 "106-3. General Regulations. The following general regulations shall be applicable to all signs erected within the corporate limits of the city. Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provision. Exception 1: Signs specifically approved by the City Council as part of a commercial planned development or planned re-development Exception 2: Signs installed and maintained by the City. (1) Compliance required. No person shall erect, alter, or add to a sign, or sign structure, unless said sign conforms to the provisions contained in this chapter. Compliance is required whether or not a permit is required. (2) Sign area. The sign area permitted in these regulations shall apply to the maximum size of a single sign face. However, when the two faces of a sign are separated by an angle of 20 degrees or more, the maximum sign area shall be the total of all nonparallel sign faces. (3) Construction standards. a. The construction of all signs shall comply with the structural requirements of the city building code and the most recent edition of the International Building Code, as adopted by the city. Any electrical installations shall comply with the city electrical code. b. All freestanding sign structures, excluding traffic directional signs, shall be constructed with, or covered with the masonry material to match the masonry portion of the principal building, or shall be constructed of brick or stone. c. No permanent wood signs shall be allowed. d. All sign structures shall be painted or anodized to blend with the architecture. Exposed metal surfaces that are subject to rust or corrosion are prohibited. (4) Engineering requirements. Where required, the construction plans shall be signed and sealed by a professional engineer registered in the state. (5) Interference with safety provisions. No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. Ordinance No. 2916 Page 5 of 23 (6) Minimum street frontage. A minimum of 50 feet of qualified street frontage shall be required to erect a ground sign. (7) Landscaping required. All ground signs, except traffic control and direction signs, shall be located in a landscaped setting which minimally consists of turf plant material, in all directions from the sign for a distance equal to a minimum of 4 1/2 feet from the base of the sign. Ground type outdoor menu board signs and monument signs shall be required to have landscaping on only two sides. (8) Encroachment. A permanent sign shall not be constructed within or project over any property line, right-of-way line, public drainage easement, public or private utility easement without an encroachment letter which has been approved by the public works department. (9) Memorial and historical signs. The sign review committee may authorize special permits, on such terms as deemed appropriate, for signs and markers denoting properties or buildings which may have historical or memorial significance to the community. (10) Community special events. The sign review committee may authorize signs to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the city. (11) Lighting. Where provided for in these regulations, certain signs may be illuminated. Illumination may be internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the city electrical code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a street. Illuminated signs situated within 100 feet of residentially zoned property shall be shielded to minimize glare. (12) Freeway overlay zone. There shall be a freeway overlay zone located within an area 200 feet from and parallel to the right of way of I.H. Loop 820 and State Highway 121. A pole or electronic message board sign within the freeway overlay zone shall comply with the following additional regulations: a. Maximum pole and electronic message boards sign height: A pole sign or electronic message board sign located within the freeway overlay zone shall not exceed 65 feet in height. b. One pole sign shall be allowed per platted lot which must be separated by a minimum of 100 feet from existing pole signs located on adjacent lots. c. Maximum pole and electronic message board sign area: The maximum size of a pole sign or electronic message board sign located within the freeway overlay zone shall be two square feet of sign area for each linear foot of freeway frontage up to a Ordinance No. 2916 Page 6 of 23 maximum of 400 square feet. Electronic message boards may not contain displays which reproduce a sense of motion that may cause an undue distraction to motorists, and may not change displays or flash at frequencies more than once every five seconds. Lettering or images that blink, flash, fly or chase into view of the electronic display shall be prohibited. d. Any pole sign or electronic message board sign located on the property of a public school, private school, government entity or other nonprofit organization that is used to provide public service information of a general nature to the community may have a commercial sponsorship message on the sign. The commercial sponsorship message is limited to ten percent of the total sign area. e. One pole sign or monument sign shall be allowed for each separate auto dealership located within the freeway overlay district, but may not exceed one sign for each 150 linear feet of qualified street frontage, or fraction thereof. Auto dealership signs shall be subject to the applicable provisions of the pole or monument sign regulations. A pre-owned automobile dealership and each new automobile make offered for sale shall constitute separate dealerships for the purposes of this section. (13) Visibility triangles. No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet above the average curb grade. The placement of utility poles or traffic control devices shall be regulated by the public works director. a. Street intersections. 1. On corner lots where two residential streets the triangular area shall be formed by extending the property lines, from their point of intersection, a distance of 15 feet and connecting these points with an imaginary line, thereby making a triangle. 2. On corner lots where any combination of residential, C-2-U, C-4-U and larger collector streets intersect the triangular area shall be formed by extending the property lines, from their point of intersection, a distance of 70 feet in the directions of approaching (perpendicular) traffic and 15 feet in the direction parallel to the approach of the intersection and connecting these points with an imaginary line, thereby making a triangle. 3. In cases where streets do not intersect at approximately right angles, the public works director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. b. Driveway visibility triangles for commercial driveways. Ordinance No. 2916 Page 7 of 23 No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of 50 feet in the directions of approaching (perpendicular) traffic in relationship to the intersection; and 15 feet in the direction parallel to the approach of the intersection; and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet above the average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on the oncoming traffic side of such driveway, unless traffic safety considerations dictate otherwise." Section 3: That Section 106-6(2)g of the North Richland Hills Code of Ordinances be deleted. Section 4: That Section 106-8(1) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 106-8. Administration and enforcement. (1) Notification of violation - When any permanent sign is constructed, erected, altered, or maintained in violation of these regulations, the property owner, management and/or tenant shall be given written notice to remove or alter the structure so as to comply with the standards set forth in these regulations. When any temporary or portable sign is installed on private or public property in violation of these regulations, verbal notice of violation may be given in person to a violator. a. When written notice is utilized, the property owner, his agent, and/or the tenant shall be served with a written notice that states the violation and requires compliance with this chapter not more than ten days from the date the notice is served. The notice may be served by handing it to the property owner, agent, or tenant, in person, or by depositing the same in the United States mail, addressed to the property owner at the owner's address as shown on the most current tax roll of the city, or the tenant as shown on the utility billing records of the city. If the owner or tenant cannot be found, or if the notice is refused, or if the notice is returned by the United States Postal Service, then the owner may be notified as follows: 1. Posting the notice on or near the front door of each building on the premises where the violation exists at least ten days prior to further action; or Ordinance No. 2916 Page 8 of 23 2. Posting the notice on a placard attached to a stake driven into the ground on the premises where the violation exists at least ten days prior to further action. b. When verbal notice is utilized, the property owner, his agent, and/or the tenant shall be notified of the violation and instructed to correct or abate the violation within twenty-four (24) hours. Failure to correct or abate such violation shall be considered a violation of this ordinance and eligible for citations. c. If such person, firm or corporation fails or refuses to comply with the provisions of this section within the specified period following notification, the same shall be considered to be in violation of and subject to fine and penalty as provided for in this chapter. " Section 5: That Section 106-8(3) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-8(3) Illegal signs. a. Signs which are erected in the public right-of-way in violation of this chapter, may be removed without notice. b. The building official or his designee is authorized to abate and/or impound any temporary or portable sign that is in violation of these regulations if not abated by the property owner and/or the sign owner within 24 hours after verbal notice has been given." Section 6: That Section 106-8(4) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-8(4) On-premises sign maintenance. a. Signs and sign structures, including those existing prior to this chapter, shall be maintained at all times in a state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were originally designed. b. Sign supports, structures and faces of all exterior surfaces that are covered with paint shall be regularly painted to prevent rusting, peeling or blistering surfaces. c. Any sign or sign support which varies, leans or lists 15 degrees or more from horizontal or vertical original design (unless approved as part of the original design) shall be considered as requiring maintenance, and shall be repaired or removed by the owner. Ordinance No. 2916 Page 9 of 23 d. At no time shall a sign's internal lighting or structure be exposed unless it is actively under repair." Section 7: That Section 106-10 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 106-10. Miscellaneous Regulations (a) Signs erected in violation of law. Any sign erected or placed in violation of a city ordinance or regulation applicable at the time of its erection shall be deemed to constitute a violation of this section and shall be removed upon notification to the owner of the premises where it is located. Failure to remove such sign after notice shall constitute a violation of this section. (b) Destroyed signs. Signs which do not comply with current sign ordinances of the city must, if damaged or destroyed, so that the cost of repairing such sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location, shall be removed upon notice. Failure to remove such a sign shall constitute a violation of this section. (c) Abandoned on-premises signs. (1) On-premises signs identifying or advertising a business shall be removed within 30 days following the first anniversary of the date on which the business, person or activity identified or advertised by such sign or sign structure ceases to operate on the premises where the sign or sign structure is located; provided, however, that if the premises containing the sign is leased, such removal shall be required within 30 days following the second anniversary of the date the most recent tenant ceases to operate on the premises. Failure to remove as required shall constitute a violation of this section. (2) On-premises signs or sign structures advertising or identifying a person, activity or business which ceases to operate on the premises shall not be altered to advertise another person, activity or business unless such sign as altered shall conform to the city's sign regulations including, but not limited to, size, height, and location. (d) Nonconforming Signs. (1) Sign panels may be replaced in multi-tenant non-conforming pole and monument signs as changes in tenants occur as long as no other structural changes are made to the sign. (2) All other permanent signs which do not comply with current sign regulations shall be entitled to remain unless required to be re;located, reconstructed or removed in compliance with V.T.C.A., Local Government Code § 216.001--216.015." Ordinance No. 2916 Page 10 of 23 Section 8: That Section 106-12 of the North Rich/and Hills Code of Ordinances be amended to read as follows: "Sec. 106-12. Electronic message boards. Electronic message boards within the freeway overlay zone shall be subject to specific regulations for the freeway overlay zone. Electronic message boards located outside the freeway overlay zone are prohibited." Section 9: That Section 1 06-13(a)2c of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards. (a) Ground Signs Generally (2) Monument Signs c. Non-residential monument and multi-family monument signs. 1. Number allowed. A maximum of one monument sign per street frontage per lot shall be permitted. 2. Maximum area. The maximum area for a monument sign shall be 50 square feet for sign message area and 75 feet for sign structure area. The maximum area of a monument sign serving a multi-tenant property shall be 75 square feet for sign message area and 100 square feet for sign structure area when the following conditions are met: a. The multi-tenant property contains a minimum of 2 acres b. The multi-tenant property has a minimum of 150 feet of street frontage c. The multi-tenant property serves a minimum of 6 tenants 3. Maximum height. The maximum height for a monument sign shall be seven feet. The maximum height for a monument sign serving a multi- tenant property meeting items 2-a thru 2-c of this section shall be eight feet six inches (8'6"). Ordinance No. 2916 Page 11 of 23 4. Spacing. A nonresidential monument sign shall be a minimum of 100 feet from another nonresidential monument sign, pole sign, or major development sign situated on the same lot. 5. Changeable message boards. A nonresidential monument sign may contain a changeable message board that utilizes changeable letters. The area of a message board shall be included in calculating the total sign area. 6. Lighting. Monument signs may be illuminated only by internal lighting for scripted nonferrous panels or by a ground lighting source where the light and fixture are not visible from a public right-of-way. 7. Shared off-premise monument signs. In office parks and other similar uses where individual buildings are located on separate lots, but within the same development, shared off-premise monument signs may be allowed under the following conditions: a. A shared off-premise sign may not be located on a vacant lot or parcel. b. The owner(s) of all properties desiring to install a shared off-premise monument sign must provide a copy of a notarized "unity" agreement which has been filed of record with Tarrant County Deed Records that notifies the building official that the subject properties are to be considered a single parcel. c. A shared off-premise monument sign shall adhere to the same requirements of other non-residential monument signs, however, they may not exceed a maximum height of seven feet (7') or exceed a maximum area of 75 square feet. d. A parcel or lot that contains an existing monument sign shall not be granted an additional off-premise monument sign. e. A shared off-premise monument sign shall not be considered a bonus sign." Section 10: That Section 106-13(a)(5) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards. (a) Ground Signs Generally Ordinance No. 2916 Page 12 of 23 (5) Traffic directional signs. The purpose of a traffic directional sign is to aid vehicular traffic into or out of a business establishment by identifying only the vehicle entrances or exits. Traffic directional signs shall comply with the following regulations: a. Generally. 1. Traffic directional signs shall be allowed in zoning districts shown in section 106-9, Table of Permitted Signs. 1. Traffic directional signs shall be allowed in zoning districts shown in section 106-9, Table of Permitted Signs. 2. Only two traffic directional signs may be allowed at each public street drive approach. Each sign must be either an "entrance" or an "exit" labeled sign, and/or may contain an arrow guiding the proper direction. 3. A traffic directional sign shall not exceed two square feet in area with a maximum height of thirty (30) inches. 4. Traffic directional signs may include a company name or logo. 5. A traffic directional sign may be internally illuminated. 6. Traffic directional signs shall be located on private property. 7. Portable and temporary signs shall be prohibited. 8. Traffic directional signs shall be permanently installed on a concrete footing or other approved foundation system with above grade bases or pedestals consisting of decorative concrete, masonry, plastic, or metal finishes. 9. Interior traffic directional signs on sites having combined building areas greater than 200,000 square feet may be exempt from the above requirements with approval of the Sign Review Committee." Section 11: That Section 1 06-13(b)(3). of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards. Ordinance No. 2916 Page 13 of 23 (b) Building signs (3) Projection signs. A projection sign is a sign in which the message area is perpendicular to the wall of the building. Projection signs shall comply with the following regulations: a. Projection signs may be allowed in zoning districts shown in section 106-9, Table of Permitted Signs. b. One projection sign may be allowed for each single tenant building or for each tenant in a multi-occupancy structure. However, no single tenant building or single tenant storefront shall have a projection sign in combination with a wall sign, roof sign, or canopy sign. c. A projection sign shall not exceed 25 square feet. The plane of the message area shall not exceed 18 inches from the plane of the message area on the opposite side of the sign. d. Projection signs shall not project over any property line or right-of- way line. e. A projection sign shall not project more than four feet from any wall surface and shall not extend above the apparent roofline of the building. f. Every projection sign shall be a minimum of eight feet above the grade over a pedestrian walking area or 14 feet over a vehicular maneuvering area. g. A projection sign may be illuminated. h. Provided the above requirements are met, an additional projection sign (commonly referred to as a "blade sign") may be installed beneath a canopy or awning of a main entrance to a single tenant building, or each tenant store front, that does not exceed a maximum area of six square feet and has a vertical dimension of no greater than 12 inches." Section 12: That Section 106-13(c)(2) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards Ordinance No. 2916 Page 14 of 23 (c) Temporary signs (2) Vehicle advertising. a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for the sign itself and where the vehicle is allowed to remain parked along a right-of-way in the same location or in the same vicinity at frequent or extended periods of time exceeding twenty-four (24) hours. b. Vehicles whose primary use is the regular delivery of goods or services may have such goods and services advertised upon the vehicle, provided that the owner can demonstrate, through a log or other documentation made contemporaneously with the vehicle usage, that the primary use of the vehicle is the regular delivery of goods or services. c. Signs shall be permanently attached to the vehicle in a professional manner by being painted, adhered, bolted, screwed or magnetically affixed. No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof-mounted signs shall project more than 12 inches above the roof of the vehicle or the bed of a pickup truck. d. Banners or signs made of cloth or other light materials, secured with rubber, rope, string, tape or other similar adhesives shall be prohibited for vehicular advertising. e. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these regulations shall be prohibited. f. Vehicles that are inoperable, that are not properly licensed and/or are currently not registered shall not be used, parked or stored in a manner to provide advertising. g. Trailers displaying advertising shall be required to be stored more than 65 feet from a public right of way. In addition, trailers displaying advertising shall be required to be stored no more than 100 feet from the building within which the business that is being advertised on the trailer is located." Ordinance No. 2916 Page 15 of 23 Section 13: That Section 106-13(c)(3) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards. (c) Temporary signs. (3) Portable Signs a. A permit shall be required for every portable sign. Nonprofit organizations, including community events will not be charged a permit fee. b. All applications for a portable sign permit shall be accompanied by a refundable deposit per sign as established in appendix A of this Code. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. The deposit will be refunded to the applicant once the portable sign has been removed and an affidavit attesting to the removal of the sign is filed with the city. If the applicant fails to provide such an affidavit within five days of the expiration of the permit, the deposit will be forfeited to the city. c. Portable signs shall be allowed in zoning districts shown in section 106-9, Table of Permitted Signs, subject to the following additional restrictions: 1. Portable signs utilized by nonprofit organizations or for community events shall be allowed in all zoning districts; however, within residential zoning districts, signs may only be located on a collector or arterial street.2. Portable signs utilized to advertise "for profit" activities may be located in nonresidential districts only. d. A portable sign may be erected or placed to advertise a business, industry or pursuit, but only on the premises on which the referenced business, industry or pursuit is conducted and only when a certificate of occupancy has been previously issued by the building official. e. Portable signs to advertise community events may be located off-premises from the location of the event. f. A portable sign may be erected for a maximum period of ten days. Ordinance No. 2916 Page 16 of 23 g. The number of allowable portable sign permits shall be as follows: 1. One grand opening portable sign permit may be issued to a business during the tenure of the business at the same location. 2. In addition to the one-time grand opening permit, a maximum of two portable sign permits may be issued to a business for advertising purposes each calendar year provided a minimum of 90 days separates the two permits. 3. Each non-profit organizational event or community event shall be permitted to obtain five portable signs per event, not to exceed five events per year. A minimum of 30 days must separate each event. h. The portable sign structure must be removed from the view of adjacent public rights of way upon expiration of the permit. Removal of the letters from the signboard does not constitute removal of the sign. i. A portable sign shall not exceed 50 square feet in area. j. A portable sign shall not be erected or placed in any location that constitutes a safety or traffic hazard. k. A portable sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required loading zone. I. A portable sign shall not be placed in any location that blocks the view of any ground sign. m. A portable sign shall be placed a minimum of ten feet from any property line. n. A portable sign shall be a minimum of 100 feet from another portable sign situated on the same lot. o. A portable sign shall bear the company name, address and telephone number of the owner of the sign which shall be the same information as shown on the contractor registration on file with the city. Any sign not containing current information shall be declared an illegal sign. p. Portable signs shall not be illuminated. q. Portable signs shall be kept painted and in good repair. No portion of a portable sign shall have missing or damaged faces. Portable signs shall be maintained structurally and shall be mechanically sound and free from broken, bent, or otherwise damaged components. Signs found to be in Ordinance No. 2916 Page 17 of 23 other than good repair shall be immediately removed by the business owner upon notice of the building official or his designee." Section 14: That Section 106-13(c)(6) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards (c) Temporary signs (6) Political signs. a. A political sign is a sign that contains primarily a political message, has an effective area of 36 square feet or less, is no more than eight feet in height, is not illuminated, and has no moving elements. b. No permit shall be required for any political sign as defined in a. above. c. Political signs shall be allowed in all zoning districts on private property with the consent of the property owner. d. Political signs shall not be located on any utility, light, traffic signal or sign pole. e. Political signs shall be allowed for a period of 30 days prior to local or county elections, 60 days prior to a state election, and 90 days prior to a national election. All political signs shall be removed no later than seven days after the election or after the termination of candidacy, whichever comes first. f. Signs with primarily political messages which do not meet the definition of a. above shall not be allowed unless with a permit subject to other sign requirements. g. Political signs shall not be located so as to cause a safety or traffic hazard. Signs within public right of way which, in the opinion of the director of public works or his designee constitute a safety or traffic hazard may be relocated if feasible or removed without prior notice, pursuant to written guidelines to be developed by the director of public works and filed with this chapter. h. A political sign shall not be illuminated or projected. i. Political signs shall not be placed on public property or within any federal, state or local public right of way, except that political signs less than three feet in Ordinance No. 2916 Page 18 of 23 height and with no more than six square feet of sign face on any side may be placed in public right of way, other than a median, with no portion of such sign closer than three feet from the back of the curb, or, if no curb, from the edge of the pavement of streets classified by the city's thoroughfare plan as arterial P6D, M6D, M4D, P7U, M5U or M4U or collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied residence or adjacent to publicly owned land other than a road. No sign shall be placed within 30 feet of an identical sign. Signs shall not extend over the sidewalk or street. Section 15: That Section 106-13(c)(12) of the North Richland Hills Code of Ordinances be amended to read as follows: "106-13 Sign Height, Area and Construction and Placement Standards (c) Temporary signs (12) Light pole banner signs. a. A permit shall be required for light pole banner signs. b. Light pole banner signs shall be allowed in zoning districts shown in section 106-9, Table of Permitted Signs. c. A single permit may be issued for multiple light pole banner signs, a number which must be specified on the permit application. d. A light pole banner sign shall not exceed 32 square feet in size. e. Light pole banner signs shall not project above the maximum height of the pole. f. Light pole banner signs shall be kept in good repair and remain securely attached in such a manner to withstand wind loads in accordance with the International Building Code. g. Light pole banner signs shall not be displayed for a period to exceed 60 days; nor shall a permit for light pole banner signs be issued for the same property more than three times within a one-year period. Ordinance No. 2916 Page 19 of 23 h. The primary message displayed on light pole banner signs may be seasonal in nature and without the use of words describing a product company name or logo. Light pole banner signs located on the following sites shall not be displayed for a period to exceed 180 days; may contain the name of the company, services, and/or its logos; and shall include the same name and logo on all displayed banners. Light pole banner signs shall not advertise individual products: (1) A development on a single platted lot that contains one or more multi-occupancy buildings having two hundred thousand (200,000) square feet or more in combined floor area, or (2) A development of two (2) or more contiguous and adjacent lots that contains one (1) or more multi- occupancy buildings having two hundred thousand (200,000) square feet or more in combined area, or (3) A single business located on one or more contiguous and adjacent platted lots containing a minimum of five (5) acres within the freeway overlay district." Section 16: That Section 106-13 of the North Richland Hills Code of Ordinances be amended by adding a new subsection 106-13(c)(13) which shall read as follows: "106-13 Sign Height, Area and Construction and Placement Standards (c) Temporary signs (13) Temporary sales events within the Freeway Overlay Zone. a. Except for temporary uses allowed by City Code Section118-715, displays associated with temporary sales events such as tethered balloons, inflatable figurines or structures, banners and similar elements, are limited to those locations indicated below: (1) A development on a single platted lot that contains one (1) or more multi-occupancy buildings having Ordinance No. 2916 Page 20 of 23 two hundred thousand (200,000) square feet or more in combined floor area, or (2) A development of two (2) or more contiguous and adjacent lots that contains one (1) or more multi- occupancy buildings having two hundred thousand (200,000) square feet or more in combined area, or (3) A single business located on one or more contiguous and adjacent platted lots containing a minimum of five (5) acres within the freeway overlay district. b. A permit shall be required for each temporary sales event intending to display one or more tethered balloons, inflatables, banners, or similar element. Each temporary sales event shall pay a fee of $100. c. No more than six (6) temporary sales events may be permitted per calendar year for a period not to exceed ten (10) days per event. Each temporary sales event intending to display one or more tethered balloon, inflatable, banner, or similar elements must be separated by a period of no less than thirty (30) days. d. No more than four, or a combination thereof, of tethered balloons, inflatables, banners, or similar elements shall be displayed per event. e. Tethered balloons and inflatable signs shall meet the following standards: 1. When placed on a building they may not exceed 25 feet in height above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering. 2. When placed on the ground they may not exceed 25 feet in height above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering. 3. Shall maintain a setback from any side or rear property line a minimum distance equal to the Ordinance No. 2916 Page 21 of 23 height of the balloon and shall not overhang a federal, state, or local thoroughfare. 4. Shall maintain five feet of clearance from any overhead electrical wire. 5. Shall be kept in good repair and remain securely attached in such a manner to withstand wind loads. f. Inflatable figurines and structures shall be properly anchored. When in use, power supplies to inflation devices shall be protected with Ground-Fault Circuit Interrupters (GFCI). Approved extension cords supplying power to the inflation devices must be adequately protected from damage by vehicle and pedestrian traffic. g. Search lights and laser beam-type lighting are prohibited." Section 17: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 18: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 19: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 20: This ordinance shall be in full force and effect immediately upon publication. AND IT IS SO ORDAINED. Ordinance No. 2916 Page 22 of 23 PASSED AND APPROVED this 11 th day of December, 2006. ""'"\I" CITY ~LAND MILLS ~~\'1:1",'" I1I!1UIII/h.. ~~. CH L "III¡, ,& ~\...."......~ AI.()~~h B Jf) i\'o/·... ...:~, y: . f ciÎ n 't;..\ Oscar Trevino, Mayor ATTEST:~ ~zi r LG ~ "'-.\.~\ ¡ ~dl~ ¡~ Patricia Hut APPROVED AS TO CONTENT: .~~~~ John Pitstick, Planning & Development Director Ordinance No. 2916 Page 23 of 23 INVOICE Star- Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (8] 7) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: CIT13 278308781 12/14/06 Net due in 21 days 12/31/06 AUn STACEY HARRISON Invoice Date: Terms: Due Date: PO Number: Order Number: 27830878 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates: 12/13/06 - 12/14/06 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- CITY OF NORTH RICHLAND HILLS 13580 50 50 LINE $0.36 $36.00 CITY OF NORTH RICHLAND HILLS ORDINANCE NO. 2916 An Ordinance Amend- ~~rt9,ha~r~t';I¡~~ o~tl~: Code of Ordinances and the Sign Regu- latio,:,". of the CTty; providing a sever- flbillty crause; ¡¡¡ovld- i~p,o~leR:::rof~" ~:g: vidlng for publ)catlon in the official news- ~~P:ke~~~ ~~~idlng I Any person, firm or corporation violating j any provision of this ordinance shall be ~':cTe~ea~~~ty o~n~ upon final conviction ttiereof fined In an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall consti- tute a separate vio- lation and punishable p~~~~~n'1.':id Approved on this 11th day of December, 2006. IslOscar Trevino Oscar Trevino - Mayor ATTEST: IslPatrlcla Hutson Patricia Hutson - City A1>'ÞWêW~D AS TO FORM AND LEGAL- ITY: IslGeorge Staples George Staples - City Attornev _ Net Amount: $36.00 ,20..; ~ ~ ,",,-. ':~';,.,J.U'.'~::''':..~. .,_. THE STATE OF TEXAS County of Tarrant CHRISTY L. HOLLAND MY COMMISSION EXf'If1¡¿, July 31, 2008 ·'t,~~-.~.. -;;;;';;;-~;,~~;;'V::;;:';"~~;:;:~~'~;"_. Before me, a Notary Public in and for said County and State, for the Star-Telegram, published by the Star-Telegram, Inc. at depose and say that the attached clipping of an adv isem LEGAL DEPT. STAR TELEGRAM (817) 390-7320 Signed ared Lisa Wesselman, Bid and Legal Coordinator unty, Texas; and who, after being duly sworn, did above named paper on the listed dates: BIDS & Notary Public ) ¡ I // SUBSCRIBED AND SWORN TO BEFORE ME. THIS Sunday, Decem Thank You For Your Payment - - - - - _.- - ~ - - - - - - - - - - - - - - - - - ~ - - - - -~. - - - - - - - - - - -- Remit To: Star-Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: CIT13 CITY OF N RICHLAND HIL 278308781 $36.00 PO Number: Amount Enclosed: $