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HomeMy WebLinkAboutOrdinance 1436 ORDINANCE NO.J31~_ AN ORDINANCE REGULATING SIGNS AND BILLBOARDS WITHIN THE CITY LIMITS OF NORTH RICHLAND HILLS. TEXAS; DEFINING TERMS; REQUIRING A PERMIT FOR ERECTION OF A SIGN AND PROVIDING FOR A SCHEDULE OF FEES; REGULATING THE AREA OF SIGNS PERMITTED; PROVIDING FOR A SERIES OF GENERAL CONDITIONS; REGULATING TEMPORARY SIGNS; REGULATING DESIGN AND CONSTRUCTION OF SIGNS; REGULATING BILLBOARDS; PROHIBITING OBNOXIOUS SIGNS AND SIGNS EXPLOITING SEX; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT LESS THAN $50.00 NOR IN EXCESS OF $1000.00; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HERETO; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: ARTICLE 1. PREAMBLE: PURPOSE OF THE ORDINANCE The sign regulations as herein established have been made for the purpose of promoting health, safety, morals and general welfare of the City of North Richland Hills. The Ordinance contains standards regulating the use, size, location, construction and maintenance of signs. The intent of the regulations is to protect values within the City of North Richland Hills, to enhance the beauty of the City and to protect the general public from damage and injury which may be caused by the unregulated construction of signs. ARTICLE 2. DEFINITIONS SECTION 2.1 AREA OF SIGN. "Area of Sign" shall mean the total area within the extreme perimeter of the attraction area intended to draw attention to the sign, including all open spaces and supports which the sign rest upon if said supports are designed to attract attention to sign. The area of the sign with two (2) faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the planes of the faces exceeds thirty (30) degrees the total area of both faces shall be considered the sign area. For multi-sided or circular signs, the area shall be the total projected area. SECTION 2.2 BILLBOARD. "Billboard" shall mean any freestanding sign, signboard or outdoor advertising display which is used for advertising purposes or display purposes, except advertising displays used exclusively: (a) To advertise the sales or lease of the property upon which such advertising displays are to be placed. (b) To designate the name of the owner or the occupant of the premises upon which such advertising display is placed, or to identify such premises. (c) To advertise goods manufactured, produced, or for sale or service rendered, on the property upon which such advertising display is placed. SECTION 2.3 BUILDING LINE "Building Line" shall be established by the Zoning Ordinance. SECTION 2.4 FACE OF BUILDING. "Face of Building" shall mean the general outer surface not including cornices, bay windows, or other ornamental trim, of any main exterior wall of the building. SECTION 2.5 LIMITED ACCESS FREEWAY. "Limited Access Freeway" shall be deemed to mean a highway to which the right of access to or from abutting lands is controlled and restricted by the State of Texas or the City of North Richland Hills. Further, a "Limited Access Freeway" shall be bordered on each side by access roads (or right-of- way for access roads). "Limited Access Freeways" within the City of North Richland Hills are Interstate 820 and Airport Freeway (SH 121) only. SECTION 2.6 GROUND SIGN. "Ground Sign" shall mean a sign not wholly supported on a building or which has its main supporting structure depending upon the ground for attachment. SECTION 2.7 PROJECTING SIGN. "Projecting Sign" shall mean a sign suspended from or supported from a building or structure and projecting out therefrom more than one (1) foot. SECTION 2.8 ROOF SIGN. "Roof Sign" shall mean any sign supported by the roof of a building or placed above the apparent fIat roof or eaves of a building as viewed from any elevation. SECTION 2.9 SIGN. "Sign" shall mean a display board, screen, structure, object or part therof, used to announce, declare, demon- strate, display or otherwise advertise and attract the attention of the public to any business, service or product provided on the premises upon which sign is placed, other than: (a) Official notices authorized by a court, public body or public officer; and. (b) directional, warning or information signs authorized by federal, state or municipal authority. SECTION 2.10 TEMPORARY SIGN. "Temporary Sign" shall mean a sign, banner, pennant, flag or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames intended to be displayed for a short period of time only. Trailer and portable signs are classified as "Temporary Signs." SECTION 2.11 WALL SIGN. "Wall Sign" shall mean any sign painted on, attached to or projecting from the wall surface of a building (including permanent window sign and signs on awnings and/or marquees). A wall sign shall not project above the apparent flat roof or eave line as viewed from all elevations, or more than one foot from the surface of the wall. SECTION 2.12 MARQUEE SIGN. "Marquee Sign" shall include any hood or awning or permanent construction projecting from the wall of a building or other structure. SECTION 2.13 DEVELOPMENT. "Development" shall mean any nonresidential property improvement or properties improved as a unit with a common parking area that is contiguous to the development. A shopping center under single or multiple ownership constitutes a development. SECTION 2.14 QUALIFIED STREET FRONTAGE. "Qualified Street Frontage" shall mean the width of property along the street of a commercial or industrial development which bears the address of the property. SECTION 2.15 TRAFFIC CONTROL SIGN. "Traffic Control Sign" shall be any sign used only to control and direct traffic on private property (e.g., "ENTER" L_ or "EXIT') without logo or advertising messages. SECTION 2.16 ZONING DISTRICT. "Zoning District" referred to in this Ordinance shall be as defined in the Zoning Ordinance of the City of North Richland Hills, Texas, Ordinance Number 1080 and subsequent amendments. ARTICLE 3. SIGN PERMIT AND FEES SECTION 3.1 SIGN PERMIT REQUIRED. (a) No person shall erect, alter or add to a sign or sign structure, except as provided by this Ordinance and unless a permit for the same has been issued by the Building Official or other person he/she may authorize of the City. Where signs are illuminated by electric lighting, a separate electrical permit shall be obtained as required by the Electrical Code of The City. (b) No sign permit shall be issued for any additional signs or alterations to existing signs until all signs on the property or development conform to the provi- sions of this Ordinance. EXCEPTION: Temporary signs. SECTION 3.2 OFFICIAL, QUASI-OFFICIAL AND DIRECTIONAL SIGN. (a) Nothing herein contained shall prevent the erection, construction and maintenance of official traffic, fire and police signs, signals, devices and markings of the State, City or other appropriate governmental authorities. nor the posting of notices required by law. Private and quasi-public signs shall be prohibited upon public property unless authorized by the City of North Richland Hills or other appropriate governmental authorities. (b) Legal notices, telephone and other underground utility warning signs, not exceeding one (1) square foot in size and other safety signs may be erected without a permit being issued. (c) Nonadvertising, directional or informational signs less than six (6) square feet in area may be used without a permit in zoning districts R-7-MF, 0-1, LR, C, I and PD as defined in the Zoning Ordinance of the City of North Richland Hills. SECTION 3.3 APPLICATION FOR SIGN PERMIT. Application for sign permit shall be made to the Building Department accompanied by the filing fee in the amount provided for by Section 3.8 for each development on which the sign or signs are to be erected and shall contain or have attached thereto the fol1owing information: (a) Name, address and telephone number of the applicant; (b) Location of building. structure or lot to which or upon which the sign or advertising structure is to be attached or erected; (c) Position of the sign or advertising structure in relation to nearby buildings or structures; (d) Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the buildings or in the ground; (e) Copy of stress sheets and calculations showing the structures are designed for deadload and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. The Build- ing Code of the City, which is the current edition of the Uniform Building Code, shall apply for design of any sign structure; (f) Name of person, firm, corporation or association erecting structure or painting the sign; (g) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected or sign to be painted. (h) Any electrical permit required and issued for such sign; (i) Estimated sign value; (j) Detailed plans of all existing signs, including photos and/or other pertinent data which will aid in the determination of the sites conformance with this Ordinance; (k) Such other information as the Building Official shall require to show full compliance with this and all other laws and ordinances of the City; (1) In addition to the filing fee, a sign permit fee shall be collected in accordance with the schedule of Section 3.8. SECTION 3.4 NONCONFORMING SIGNS. AIl applications for sign permits for signs which do not conform to the provisions of this Ordinance or are located on the same property or development on which other signs do not conform with the provisions of this Ordinance shall be submitted by the Building Official to the Director of Planning and Development for review in accordance with the provisions of Article 10 of this Ordinance. SECTION 3.5 APPROVAL OF TRAFFICE ENGINEER. If in the opinion of the Building Official the plans and specifications indicate that the sign or sign structure might interfere with, mislead or confuse traffic, or in any place where a ground sign is to be placed on a corner lot, then the applicant shall submit a traffic engineer certification with the application. SECTION 3.6 ISSUANCE OF PERMITS. If it shall appear the proposed sign structure is in compliance with all the requirements of this Ordinance and all other laws and Ordinances of the City of North Richland Hil1s and has received approval where necessary, the Building Department shall then issue the sign permit. If the work authorized under a sign permit has not been completed within ninety (90) days or a proper extension granted thereto after date of issuance, the said permit shall become null and void. Issuance of the sign permit shall be conditioned upon the applicant's acceptance of any conditions imposed thereon by the City. No sign permit issued with conditions shall be valid until all conditions have been complied with by the applicant. SECTION 3.7 UNSAFE AND UNLAWFUL SIGNS. (a) Signs and sign structures including those existing prior to this Ordinance shall be maintained at all times in a state of good repair, safe and secure with all braces. bolts. slips, supporting frame and fastenings free from deterior- ation, termite infestation, rot, rust or loosening, able to withstand at all times the wind pressure for which they were original1y designed. (b) No person maintaining any sign, sign structure or billboard shall fail to keep the ground space within eight (8) feet from the base of the said sign, signboard. billboard or advertising structure free and clear of weeds, rubbish and other flammable waste material. (c) If the Building Official or other person he/she may appoint shall find that any sign or other advertising structure regulated herein as unsafe or insecure, or as a menace to the public. or has been constructed or erected or is being maintained in violation of the provisions of this section, the permittee or owner thereof shall be given written notice. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within thirty (30) days after such notice, such sign or advertising structure may be removed or altered to comply by the City of North Richland Hills at the expense of the permittee or owner of the property upon which it is located. The Building Official shall refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay costs so assessed. The Building Official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed by giving at least forty-eight (48) hours notice. (d) The Building Official or other person he/she may appoint may cause any illegal temporary sign, including flags, pennants, banners and temporary window signs to be removed within a twenty-four (24) hour period. SECTION 3.8 FILING AND PERMIT FEES. (a) Permanent signs and billboards: application and plan review fees shall be $50.00 for permanant signs and bill boards. Sign permit fees shall be based on the value of the sign in accordance with the following: Monetary Value of Proposed Work Base Fee + Percentage of Estimated Cost 00 - 501 - 1,501 - 3,001 - 5,001 - 50,001 - 100,001 - 500,001 500 1,500 3,000 5,000 50,000 100,000 500,000 or more $ 20.00 25.00 30.00 35.00 0.00 + 50.00 + 150.00 + 650.00 + .7% .6% .5% .4% ( b ) Temporary Signs: a single filing/permit fee of: 1st sign 2nd sign 3rd sign $ 25.00 20.00 15.00 ARTICLE 4. AREA OF SIGN PERMITTED SECTION 4.1 SIGNS: COMMERCIAL AND INDUSTRIAL. (a) For signing purposes, frontage on private streets that serve as public thoroughfares and not just driveways may, with City Council approval, be considered as qualified street frontage. ... (b) Anyone (1) development may have a choice of, but not more than, one (1) ground sign, one (1) roof sign or one (1) projecting sign, subject to the requirements contained in Section 4.2 through 4.8. (c) In the case of very large developments (e.g., shopping centers, apartment complexes, etc.) with substantial street frontages; i.e. 350 linear feet or greater, on two or more streets, additional ground signs may be permitted for each street providing that all signs requested must meet the provisions of Section 4.2. And further providing that all streets on which additional signs are requested must have Commercial or Industrial zoning on both sides of the street. SECTION 4.2 GROUND SIGNS. Ground signs are subject to the following provisions: (a) One (1) ground or pole sign may be permitted for each 300 linear feet of qualified street frontage with each development in all zoning districts except AG and all of the R districts. (b) The total area of sign permitted for a ground sign shall be measured as one (1) square foot of area of sign for each linear foot of street frontage, to a maximum area of sign of 300 square feet for anyone sign. (c) The maximum height of any ground sign and its support- ing structure shall be twenty-five (25) feet, except that the height of a ground sign may be increased by adding one (1) foot of height for each linear foot the sign is back from the adjacent property lines, not to exceed a maximum height of fifty (50) feet to the top of the sign. (d) The height of any ground sign may not exceed one-half (1/2) the shortest linear distance from the location of the sign to the nearest boundary of any AG or R zoning districts. (e) The sign shall not project over the property line of the development, right-of-way or over any area within ten (10) feet of the curb of a public street or thoroughfare. (f) A minimum qualified frontage of 100 feet shall be required to erect a ground sign. (g) Permanent attachment to the ground shall be required for all ground signs. SECTION 4.3 ROOF SIGNS. Roof signs permitted are subject to the following provisions: (a) One (1) roof sign may be permitted with each develop- ment on all zoning districts except AG and R districts. (b) Roof sign shall not project over the edge of the roof or eave. (c) The maximum permitted area of roof signing shall be one (1) square foot of sign area for each linear foot of property frontage not to exceed a maximum of 100 square feet. (d) The height of a roof sign shall not exceed ten (10) feet above the apparent flat roof or eave line. (e) Roof sign supports should be architecturally attractive or screened from view. SECTION 4.4 PROJECTING SIGNS. Projecting signs permitted are subject to the following provisions. (a) One (1) projecting sign may be permitted with each development in all zoning districts except AG and R districts. (b) Projecting signs shal1 not project over the property line of the development, right-of-way or over any area within ten (10) feet of the curb of a public street or thoroughfare. (c) Projection of sign shall not extend more than four (4) feet from any wall facing. (d) The total permitted area of a projecting sign shall be measured as one (1) square foot of sign area for each linear foot of property frontage not to exceed a maximum of 100 square feet. SECTION 4.5 THEATER MARQUEES. Theater marquees need not be limited to projecting sign criteria, but shall be subjected to individual approval by the City Council. SECTION 4.6 WALL SIGNS: COMMERCIAL ZONES. Wall signs shall be permitted in commercial or industrial zoning district development provided the total area of all wall signs on anyone (1) wall face shall not exceed twenty five (25%) percent of the total wall area also to include valance and permanent window signs. A wall sign shall not project above the apparent fIat roof or eave line. (a) In service station uses when a canopy is provided over the pump area, wall signs 10cated on the facia area of the canopy or suspended on the supports of the canopy, may be permitted provided the total area of all signs does not exceed 25% of the total facia area of the canopy. SECTION 4.7 SIGNS: RESIDENTIAL/AGRICULTURAL ZONES. All signs are prohibited in AG and all R zoning districts except as follows: (a) Multi-family developments in R-7-MF and R-6-T zoning districts shall be allowed wall or ground signs for identification purposes only for each street frontage. The total area of such signs shall not exceed one (1) square foot per residential unit, or thirty-two (32) square feet, whichever is least. Ground signs in these districts shall not exceed a height of four (4) feet above grade. In developments providing solid masonary screening along street frontages, approved wall signs may be installed in such screeening walls. (b) Wall signs may be used with any residential use in AG and all R zoning districts with exception of R-7-MF, with a maximum area of sign of two (2) square feet per sign with a limit of two (2) signs for anyone (1) occupancy, and may be erected without a permit being issued. (c) In AG zoning districts, legitimate agricultural businesses or enterprises shall be permitted ground, roof, projecting or wall signs in accordance with the restrictions of Sections 4.2, 4.3, 4.4 and 4.6 except that the total area of all signs shall not exceed 100 square feet and the height of any ground sign shal1 not exceed fifteen (15) feet above grade. A permit is required for all these signs. SECTION 4.8 TRAFFIC CONTROL SIGNS. (a) The maximum area of anyone traffic control sign shal1 be two (2) square feet. (b) Traffic control signs are not permitted in AG and all R zoning districts with exception of the R-7-MF district. (c) Traffic control signs shall not include any advertis- ing or attention attracting lighting, symbols, logos or shapes. (d) Traffic control signs may pertain to either vehicular or pedestrian traffic. ARTICLE 5. GENERAL PROVISIONS SECTION 5.1 INTERFERENCE WITH BUILDING REGULATIONS. No sign shall be erected in such a manner that any portion of its surface or supports will interfere in anyway with the free use of any fire escape, exit, standpipe, or windows or obstruct any required ventilator or door stairway. SECTION 5.2 ENCROACHMENT PERMIT. (a) No sign permit shall be issued for any sign or billboard which encroaches upon or over any City owned or controlled property unless an encroachment permit therefor is obtained from the City Councilor State agency in charge. (b) No encroachment permit for any sign or billboard shall be issued unless in the opinion of the Building Official the erection and maintenance of said sign shall not imperil the health. safety and welfare of the public. Any such permit may be issued subject to such conditions as the City Council deems to be reasonably necessary for the protection of the public. SECTION 5.3 PROJECTION OVER PRIVATE PROPERTY. No sign may project more than six (6) inches from the face of a building over private property used or intended to be used by the general public. unless there is a minimum of eight (8) feet clearance from the bottom of the sign to sidewalk or grade immediately below the sign. or a minimum of fourteen (14) feet clearance from the bottom of the sign to a vehicular trafficway immediately below the sign. SECTION 5.4 MEMORIAL SIGNS AND HISTORICAL TABLETS. Nothing herein contained shall prevent the City Council from granting special permits on such terms as it may deem proper, for signs advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the boundaries of the City, when it is determined that the same will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property or improvements. SECTION 5.5 VEHICLE ADVERTISING. No sign or advertising shall be erected or attached to any vehicle except for those signs which are painted directly on or mounted flush to the surface. or mounted directly on the roof of the vehicle. No roof mounted signs shall project more than 24 inches above the roof of the vehicle. All vehicles which have signs or advertising shall be in working order and shall be in compliance with all applicable vehicle safety laws when signs are in place. All such vehicles shall have current registration and inspection stickers and shall be regularly used for transportation purposes. SECTION 5.6 LIGHTING. (a) Signs may be illuminated or nonilluminated. Illumination may be either by internal, internal-indirect or indirect lighting as defined in (b), (c) and (d). Lighting shall be so installed as to avoid any glare or reflection into adjacent property, or onto a street or alley to create a traffic hazard. When not necessary for security, it is suggested that lighting be turned off as soon after business hours as is reasonable, especially for signs in close proximity to residential areas. (b) "Internal Lighting" means 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. (c) "Internal-Indirect Lighting" means a source of illumination entirely within the sign (generally a free standing letter) which makes the sign visible at night by means of lighting the background upon which the free standing character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of illumination shall not be visible. (d) "Indirect Lighting" means a source of external illumination 10cated a distance away from the sign, which lights the sign, but which itself is not visible to persons viewing the sign from any normal position of view. SECTION 5.7 ROTATING. MOVING, FLASHING, CHANGING OR BLINKING SIGNS. Rotating, moving, flashing, changing or blinking signs shall not be permitted. However, "message signs" (for example: time and temperature, etc.) may be permitted as approved on an individual basis be the City Council, giving adequate consideration to traffic safety hazards posed by the size and location of the proposed sign. ARTICLE 6. TEMPORARY SIGNS SECTION 6.1 TEMPORARY SIGNS. Excpt as otherwise provided in this Ordinance: (a) No person may erect a temporary sign as defined in Section 2.10 without a permit obtained from the Building Department. (b) No temporary or portable sign shall be erected or placed to advertise a business, industry or pursuit except on the premises on which the business. industry or pursuit is conducted. (c) No temporary or portable sign shall be erected or placed on any public property or right-of-way, utility pole, light pole, or traffic control sign or pole. (d) No temporary sign shall be displayed for more than thirty (30) days per permit received. (e) A maximum of three (3) temporary sign permits per year shall be issued to anyone business, industry or pursuit. (f) Temporary signs shall not exceed fifty (50) square feet in area. (g) No temporary or portable sign shall be erected or placed within fifteen (15) feet of the curb or street except for those which may be mounted on the wall of a building which is closer than fifteen (15) feet to the curb or street. (h) No temporary or portable sign may be erected or placed in any location that constitutes a safety or traffic hazard. (i) No temporary or portable sign may be erected or placed in a parking space. (j) Non-conforming temporary signs or temporary signs with- out permits may be impounded by the City forty-eight hours after notice is given to the owner or party responsible for the sign. (k) Each temporary sign may advertise one or more individual businesses. However, for each business advertised a separate permit fee will be required and each business will be charged for the advertisement against its allowed three (3) permits per year as stated in Subsection (e). (1) Trailer and portable signs shall bear in letters of not less than one (1) inch in height the company name of the sign owner and telephone number on each unit. These must be current or they will be classified as non-conforming signs and subject to Subsection (j). SECTION 6.2 REAL ESTATE SIGNS. Permits shall not be requred for the following types of real estate signs: (a) One (1) temporary sign announcing the offering for sale or rental of induvidually platted residential or commercial property on which it is placed shall be allowed in any dis- trict and may be placed in any yard. Such sign shall not exceed five (5) square feet in area; it shall be removed within one (1) week following the close of sale or lease. (b) On nonresidential commercial property where there is a business building, one (1) temporary unlighted sign offering all or a portion of the same for sale or rental shall be allowed flat against any waIl of the business building. Such sign shall be no taller than the wall and shall have an area no larger than 100 square feet. Such sign shall be removed within one (1) week following the close of sale or lease. (c) On undeveloped property. temporary unlighted signs offering the same for sale or lease shall be allowed. Such signs shall be located at least twenty-five (25) feet behind any curb or ten (10) feet behind any property line, whichever greater; and shall not exceed fifteen (15) feet in height. The total area of all sign message surfaces of all such signs shall not exceed one (1) square foot per one (1) lineal foot of street frontage of the property for sale or 100 square feet on each street fronting such property; whichever is smaller. Only one (1) sign per street frontage shall be permitted. Each sign shal1 be removed within one (1) week following the close of the sale or lease. SECTION 6.3 WEEKEND BUILDERS ADVERTISING. (CITY ORDINANCE NO. 1418) The City of North Richland Hills' Policy for Weekend Advertising, as expressed in this Ordinance, is extended to homebuilders for the purpose of guiding the weekend motoring public to available residential properties. The policy is intended as a benefit also to the buying public. These provisions are designed to allow temporary directional signs without resulting in an excess that may prove offensive to others of the public. The policy should serve also as "common sense" guidelines in places where direct application is unclear. (1) Schedule: Signs will be allowed between 12PM Friday and 12PM Monday. A holiday faIling on Friday or Monday will be considered part of the weekend. (2) Sign Size: Signs shall not exceed 24" by 30" in size, not be installed more than 3 feet above grade. (3) Spacing of Signs: A minimum of 30 feet must be held between all signs. and signs for anyone advertiser must be at least 200 feet apart. (4) Sign Location: "a" Not closer than 40 feet to a street intersection or median opening. "b" Not closer than 3 feet from the edge of the sign to the street curb (or edge of pavement). Signs should not encroach either the sidewalks or street. "c" Not in a motorist "visibility triangle". Generally, if a sign is close to blocking motorist visiblility, it should be moved (see "a" above). "d" Not more than 3 miles from the subject property. (5) Signs should be rigid, 2 dimensional displays that advertise new residential property, "for sale" only (not lease property), guiding the motorist to a specific location in North Richland Hills. These are the guidelines under which this policy will be administered, relating particularly to the weekend/motoring/ home-buying customer. It is the responsibility of the builder to secure permission of the adjacent property owner for placement of the signs on private property. This policy does not grant unlimited access and use of the City right-of-way. Violations of this policy will be cause for confiscating the signs, and excessive violations may require that the policy be suspended for a period of time. The Building Official shall notify the City Council in the event that the suspension of this policy is put into effect indicating the causes and the period of the suspension. All builders are offered the use of this policy equally. In so doing, we ask that you help us maintain a neat and orderly appearance throughout all of North Richland Hills. SECTION 6.4 SUBDIVISION/NEW DEVELOPMENT SIGNS. (a) These signs are used for identification of a new project, such as a subdivision, where real property is being sold for the first time to a user, new buildings, public projects and the like. These signs are not permanent but may be required for a longer period of time than most temporary signs. In no event shall there be more than one on-site sign for a project located on property owned by the advertiser in the same zoning district and one off-site sign to be located in any zoning district with exception of all R districts, or such signs may be located on any vacant unplatted property. Such signs shall be removed at the end of one year or on completion of the project, whichever comes first. An extension to the one year limitation may be granted by the Building Official and a renewal fee equal to the permit fee is paid and one of the following requirements are met: (1) a substantial portion of the development is not yet completed, (2) if the development has building activity in progress, (3) if the sign is relocated to a portion of the develop- ment which is not offensive to the completed portions of the development. These signs shall not exceed 15 feet in height and 150 square feet in area. They shall be located at least 25 feet behind the curb of any street, outside any visibility triangle. On larger vacant tracts where more than one project or development may be advertised no two signs may be closer than two hundred (200) feet apart. (b) A sign permit is required for subdivision or new development signs erected or placed in accordance with the provisions of Section 6.4(a). SECTION 6.5 TRADE CONSTRUCTION SIGNS. Trade construction signs may be approved at the discretion of the Building Official to advertise the various construc- tion trades on any construction site. Trade construction signs shall be removed before a certificate of occupancy is issued. They shall be in accordance with Section 6.4. SECTION 6.6 POLITICAL SIGNS. Temporary, unlighted political signs (including portable or trailer signs) supporting an announced candidate, a party or an issue shall be allowed in any district without a sign permit, subject to the following: (a) Political signs shall be located only on private property with the permission of the owner. Political signs shall not be permitted on any public property or right-of-way, nor on any utility, light, traffic signal or sign poles. (b) Political signs are permitted for a period of thirty (30) days prior to local or county elections, sixty (60) days prior to a state election, and ninety (90) days prior to a national election. All political signs shall be removed not later than seven (7) days after the election or after the termination of candidacy, whichever occurs first. (c) In AG and all R zoning districts, political signs shall not have a height of more than three (3) feet above grade. In other zoning districts, the height shall not exceed six (6) feet above grade. (d) In AG and all R zoning districts, political signs shall not exceed five (5) square feet in area. In other zoning districts, the area shall not exceed fifty (50) square feet. (e) In all zoning districts, political signs shall be located no closer than ten (10) feet to the street or curb and shall not be located to cause a safety or traffic hazard. SECTION 6.7 CIVIC AND RELIGIOUS SIGNS. (a) Temporary signs advertising the civic or religious events of civic and religious organizations may be erected or placed on their property after obtaining a permit from the Building Department at no cost. A maximum of two permits may be issued at anyone time. (b) Temporary signs advertising the civic or religious events of civic and religious organizations may be placed on any private property with the written permission of the owner. Such off-site signs are required to be permitted and subject to the provisions Section 6.1. (c) Signs announcing civic or religious events of wide- spread community interest may be erected on public property or right-of-way with special permission from the City Council. Such signs will be permitted at no cost by the Building Department. All signs so permitted will be located so as not to present a traffic hazard. SECTION 6.8 GARAGE SALE SIGNS. Temporary, unlighted signs announcing the holding of a sale of household possessions at a place of residence shall be allowed in any zoning district without permit subject to the following restriction: ( a ) Garage only. public light, Sale signs shall be located on private property Garage Sale signs shall not be permitted on any property or right-of-way, nor on any utility, traffic signal or sign pole. (b) Total sign area shall not exceed six (6) square feet. (c) Signs shall not be posted more than five (5) days prior to the beginning of the sale, and shall be removed within twenty-four (24) hours following the end of the sale. ARTICLE 7. DESIGN AND CONSTRUCTION The construction of all signs shall comply to structural requirements of the City of North Richland Hills Building Code, and also the current edition of the Uniform Building Code adopted by the City. The design of sign supports and structure shall be compatible with and in harmony with the surrounding buildings and structures. ARTICLE 8. BILLBOARDS SECTION 8.1 APPROVAL BY CITY COUNCIL. (a) No billboard may be constructed unless a sign permit therefor has been issued with the approval of the City Council. (b) In making its determination, the City Council shall consider, among other factors, whether or not issuance of the permit. (1) Will be materially detrimental to the public welfare; (2) Will substantially interfere with the orderly develop- ment of the City as provided for in the Official Land Use Plan; (3) Will be compatible with the development of property of other persons 10cated in the vicinity thereof; (4) Will comply with the provisions of this Ordinance. (c) Applications therefor shall be filed and processed as provided for in Article 3 of this Ordinance. SECTION 8.2 ZONING. A billboard may be placed only adjacent to a limited access freeway as defined in Section 2.5, in any zoning district except AG and all R districts. SECTION 8.3 MAXIMUM AREA. (a) No singlefaced billboard shall be larger than 700 square feet in area. (b) No one face of a double-faced or V-shaped billboard shall exceed 700 square feet in area. SECTION 8.4 MAXIMUM HEIGHT. The maximum height of billboards shal1 be fifty (50) feet measured from the ground to the overall top. Approval for taller billboards may be granted by the City Council in those cases where it will reduce clutter and fit in more compatibly with the surrounding terrain and structures. No billboard shall be located on the roof or wall of a building. SECTION 8.5 BILLBOARD LOCATION AND POSITION. (a) Billboards shall be erected only on private property and shall not project over any public property or right -of-way. Billboards shall be located within 100 feet of the limited access freeway boundary line. I L (b) Billboards shall be positioned such that the primary viewing angle is from the freeway. SECTION 8.6 BILLBOARDS ADJACENT TO RESIDENTIAL AREAS. (a) The closest projecting point of a billboard shall not be located closer than 100 feet from a residential district boundary or property line. (b) The closest projecting point of a billboard shall not be located closer than 100 feet from the property line of any public recreation area, public or parochial school, public library or church. SECTION 8.7 STRUCTURE. (a) From the effective date of this Ordinance, all new billboards shall be of single post construction. (b) All billboards shall comply structurally to the City's Building Code. SECTION 8.8 MINIMUM DISTANCE BETWEEN BILLBOARDS. A minimum distance of 1760 feet shall be maintained between any two (2) billboards 10cated on the same side of the freeway. SECTION 8.9 ILLUMINATION. (a) Any illumination used on a billboard shall be of an indirect type and shall not face toward any residential building. (b) No flashing or intermittent lights shall be used to illuminate a billboard. ARTICLE 9. OBNOXIOUS SIGNS EXPLOITING SEX PROHIBITED SECTION 9.1 VISUAL DEPICTION OF SEXUAL AREAS OF HUMAN FORM PROHIBITED. No sign or signs as defined in this Ordinance, to include any temporary sign, which in whole or in part, depicts the human form in such a manner that the areas of the buttocks, or the genitals, or the pubic area, or any portion of the female breast below the top of the nipple, are depicted as not covered with opaque clothing shall be maintained. erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises. SECTION 9.2 USE OF WORDS CONNOTATING EROTIC ENTERTAINMENT PROHIBITED. No sign or signs as defined in this Ordinance, to include any temporary signs, which in whole or part advertise any "topless," "bottomless," "naked," or words of like import, except that the words "adult entertainment" or "adult shows" will be permissible, shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises. SECTION 9.3 DISPLAY OF OFFENSIVE SIGNS A PUBLIC NUISANCE. Any sign which is in violation of Sections 9.1 and 9.2 is declared a public nuisance. SECTION 9.4 ABATEMENT. (a) Any temporary sign or signs in violation of this Article shall be abated within twenty-four (24) hours after notice has been given in writing to abate the sign or signs. Any sign which involves letters placed on a marquee is considered a temporary sign for purposes of this Article. (b) Any sign or signs in violation of this Article which can be covered or painted over in such a manner so the sign will comply with this Article and which do not require removal or mechanical or electrical alterations of the whole or part of the sign shall be covered or painted within seventy-two (72) hours after written notice has been given in writing to abate the sign or signs. (c) Signs in violation of this Article which require mechanical or electrical alteration of all or part of the sign or require the removal of part or all of the sign in order to comply with this Article shall be altered or removed within seven (7) days after service of written notice to abate the sign or signs. SECTION 9.5 NOTICE TO ABATE. (a) The City Manager or the Building Official or one of their designee are authorized to prepare and deliver notice to abate any sign or signs in violation of this Article. (b) Notice is deemed served for the purpose of this Article if delivered to any person who is an owner or lessee of the premises on which the sign or signs are located or to any officer of any corporation or any partner of a partnership which is operating a business on the premises on which the sign or signs are located which violates this Article and which is responsible for the sign or signs in violation of this Article. SECTION 9.6 VIOLATION A MISDEMEANOR. BE IT FURTHER ORDAINED that any person, firm or corporation which shall violate any provision of this Ordinance shall be guilty of a misdemeanor, and on conviction may be punished by fine of not less than Fifty ($50.00) Dollars nor more than One Thousand ($1,000.00) Dollars, and each day such violation occurs shall be deemed a separate offense. ARTICLE 10. ENFORCEMENT SECTION 10.1 ENFORCEMENT. It shall be the duty of the Building Official to enforce the provisions of this Ordinance. The Chief of Police and all officers charged with the enforcement of the law shall assist the Building Official. SECTION 10.2 RIGHT OF ENTRY. Upon presentation of proper credentials, the Building Official or his duly authorized representative may enter at reasonable times, any buildings, structure or premises in the City to perform any duties imposed upon him by this Ordinance. SECTION 10.3 ABATEMENT OF NONCONFORMING SIGN. (a) A period of ten (10) years subsequent to January 24, 1983 is hereby established for the abatement of signs legally existing prior to said date but which signs become nonconforming as a result of regulations contained herein. This provision applies to signs otherwise established. Illegally erected signs are subject to immediate abatement. (b) Nonconforming painted wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the business occupying the premises changes to a different business or different owner necessitating repainting of the signs. (c) Abatement periods established herein are subject to appeal before the City Council. ARTICLE 11. SECTION 11.1 SAVINGS CLAUSE. If any portion of this Ordinance is held to be invalid by any Court of competent jurisdiction it shall not affect the remaining valid portion. I I PASSED AND APPROVED this 26th day of JANUARY , 1987. ---------- ----------- --~-~------- Mayor ATTEST: r. IÎ. #l.¡~~~~_l:~~___________ J 'anette Rewis, Ci ty Sectretary I APPROVED AS TO FORM AND LEGALITY: Attorney for City ORDINANCE NO. 1436 LEGAL AFFIDAVIT An ordinance regulating signs and billboards within the city lim- its of North Richland Hills, Texas;defining terms; requiring a permit for erection of a sign and providing for a schedule of fees; regulating the area of signs permitted; providing for a se- ries of general conditions; regulating temporary signs; regulat- ing design and construction of signs; regulating billboards; prohibiting obnoxious signs and signs exploiting sex; providing for a penalty for violation of a fine not less than $50.00 nor in ex- cess of $1,000.00; and repealing all ordinances and parts of or-· dinances in c.onllict hereto; providing for a Savings clause; and providing that this ordinance shall be in force and effect from and after the date of its adoptionand publication. Isl Dan Echols Mayor ATTEST; IslJeanette Rewis City Secretary THE STATE OF TEXAS: COUNTY OF TARRANT APPROVED AS TO FORM AND LEGALITY; Isl Rex McEntire Attorney MCDN CPN ~682 PUB.: 2/1/87 Before me, the undersigned authority on this day personally ap- peared "i rgi n i;:¡ R;:¡ n k ; n known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the C.A.D. of the Mid-Cities Daily , a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of Hurst for a period of more than one year next preceding the first publication of the attached Legal and that he caused said notice to be published in said newspaper on the following date(s). 2/1/87 That the attached is a true and correct copy of said notice as Sworn to and subscribed before this the 2 day of Feb -, published on said date(s) in said 19---ª.7 Notary Public, cOLLnCounty, Texas