HomeMy WebLinkAboutOrdinance 3116 ORDINANCE NO. 3116
AN ORDINANCE AMENDING CHAPTER 106 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES AND THE SIGN
REGULATIONS OF THE CITY CONCERNING DIGITAL BILLBOARDS;
PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY
FOR VIOLATIONS; PROVIDING FOR PUBLICATION; 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 -1 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 106 -1. Purpose of chapter.
The sign regulations of this chapter are established for the purpose of promoting the
health, safety, morals and general welfare of the city by facilitating easy and pleasant
communication between people and their environment. These regulations contain
standards intended to avoid visual clutter, which is potentially harmful to traffic, and
pedestrian safety, property values, business opportunities, and community appearance.
These regulations govern the use, size, location, construction and maintenance of
signs. It is the purpose of the regulations of this chapter to protect property values within
the city, to enhance the beauty of the city, to protect the general public from damage
and injury, which may be caused by the unregulated construction of signs, and to
comply with the federal Highway Beautification Act of 1965 where applicable. Pursuant
to these purposes, it is the intent of this chapter to authorize the use of signs, which are:
(1) Compatible with their surroundings;
(2) Appropriate to the activity that displays them;
(3) Expressive of the identity of individual activities and the community as a
whole;
(4) Legible in the circumstances in which they are seen.
(5) Compliant with the Highway Beautification Act of 1965."
Section 2. That Section 106 -2 of the North Richland Hills Code of Ordinances be
amended by adding a definition of the term "digital billboard" as follows:
Ordinance No. 3116
Page 1 of 5
"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:
Digital billboard means an off - premise sign, display or device, internally illuminated,
which changes the static message or copy by electronic means. The sign must be
operated by an entity possessing an outdoor advertising license issued by the Texas
Department of Transportation (TXDOT)."
Section 3: That Section 106 -9 of the North Richland Hills Code of Ordinances be
amended by adding to the table therein contained the following:
Residential Districts Nonresidential Districts
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PERMITTE O
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A. Ground Signs 13A
Relocated
Billboard9 Y • • • • • • • •
9 Existing billboard signs may be relocated when allowed by the Texas Department of Transportation
Administrative Rules and approved by the Sign Review Board per section 106 -15.
Section 4. That Section 106 -12(b) of the North Richland Hills Code of Ordinances be
amended to read as follows:
"106 -12 Electronic message boards and digital billboards.
Ordinance No. 3116
Page 2 of 5
(b) Digital Billboards. With approval by the Sign Review Board as described in section
106 -15, existing legal non - conforming off - premise billboard signs located on lots having
frontage on U.S. Interstate Highway Loop 820 and Texas State Highway 121 may be
converted to digital billboards under the following conditions:
1) Each message shall be displayed for at least eight seconds and a
change of message shall be accomplished within two seconds or less.
2) Transitions between the display of a message, content, and /or image
shall be immediate only and shall occur simultaneously on the entire
sign face.
3) No display shall include animation, full motion video, blinking, flashing,
dissolving or fading images, moving light, scrolling images or text, nor
shall it project a static image upon a stationary object.
4) The display of message, content, and /or image shall be visible only
from one direction of traffic travel per sign face on the primary roadway
to which the sign is designed to be read.
5) No portion of a digital billboard shall project into a dedicated utility
easement or be closer than five (5) feet to a federal, state, or local
right -of -way at the time of initial construction.
6) The main support structure shall have a decorative finish consisting of
brick, stone, or other approved masonry finish materials. The use of
EIFS shall not constitute an approved finish material.
7) A minimum spacing of one - thousand five - hundred (1,500) feet shall be
required between one digital billboard and any other digital or
conventional billboard on the same side of the roadway facing the
same direction. The Sign Review Board is authorized to grant
variances to the minimum spacing requirements provided that no
variance violates the Highway Beautification Act of 1965.
8) A Digital billboard shall have a default mechanism built in to either turn
the display off or show "full black" on the display in the event of a
malfunction.
9) The display may not display light of such intensity or brilliance to cause
glare or otherwise impair the vision of the driver, or results in a
nuisance to the driver.
10) A digital billboard shall be equipped with both a dimmer control and a
photocell, which automatically adjusts the display's intensity according
to natural ambient light conditions. The brightness of the display shall
not exceed 0.3 foot - candles over ambient light measurement at a
distance of 250 feet from the sign.
11) Upon notification, the sign operators agree to coordinate with city staff
to display emergency information critical to the traveling public, such
as AMBER ALERTS from a National Center for Missing and Exploited
Children (NCMEC) authorized source, Homeland Security, and other
alerts involving terrorist attacks, and natural disasters. Emergency
messages are to remain in the display's rotation according to the
designated issuing agency's protocols.
Ordinance No. 3116
Page 3 of 5
12) The owner of a digital billboard shall provide contact information for a
person who is available to be contacted at any time and is able to turn
off the sign promptly after malfunction occurs or reduce the intensity of
the sign within 12 hours of a request by the building official or the
Texas Department of Transportation to a level acceptable to the city
and /or department.
13) A digital billboard or its message, content and /or image shall not be
configured to resemble a warning or danger signal or cause a driver to
mistake it for a warning or danger signal.
14) A digital billboard or its message, content and /or image shall not
resemble or simulate any lights of official signage used to control traffic
in accordance with the currently adopted edition of the TXDOT manual
on Uniform Traffic Control Devices.
15) A digital billboard shall not:
a. Exceed 672 feet in total display area.
b. A digital billboard shall not exceed an overall height of 42.5 feet,
measured from the highest point of the sign to the grade level of the
centerline of the main - traveled way closest to the sign, at a point
perpendicular to the sign location. The lowest point of the sign
shall have a minimum clearance of at least 20 feet above the
adjacent grade.
16) In cases where a conventional billboard is converted to a digital
billboard of larger size, the net area increase of the proposed digital
billboard display must be physically removed from other conventional
billboards located within the city and under the same ownership or
control as the owner proposing the conversion. Once an inventory of
all billboards within the city is submitted, the owner may choose which
specific conventional billboard face(s) are to be removed in exchange
for the net area increase caused by the digital sign conversion. The
square footage can be accumulated by the surrendering of smaller
conventional billboard face(s) as long as the aggregate amount
removed equals or exceeds the area increase caused by the
conversion.
Section 5. 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 6. 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
Ordinance No. 3116
Page 4 of 5
shall be allowed to continue shall constitute a separate violation and punishable
hereunder.
Section 7. The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses hereof.
Section 8. This ordinance shall be in full force and effect immediately upon
publication.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 11th day of October, 2010.
CITY • ORTH : C. AND HILLS
GANp ti e % By: , / �-
\( Oscar Trevino, Mayor
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,,,, It on, City Secretary
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A' PR f∎ �.I; ! �+ A 1 LEGALITY:
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George A. ' tap ' es, ( ity Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3116
Page 5 of 5
INVOICE
Star - Telegram Customer ID: CIT13
400 W. 7TH STREET Invoice Number: 312729601
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 10/21/2010
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 10/31/2010
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number: 31272960
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates:1 0 /20/2010 10/21/201
Aescrtp. • C� ' Uept image � Rates 3 t
CITY OF NORTH RICHLAND HILLS
CITY OF NORTH ORDINANCE NO. 3116 13580 1 31 31 LINE $3.11 $192.86
An Ordinance amending Chapter 106
of the North Richland Hills Code of
Sales Discount Ordinances and the Sign Re ($155.74)
tions of the City concerning Digital
Billboards; providing a severability
clause; establishing a penalty for
Misc Fee violations; providing for publication;
and providing an effective date. $10.00
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 Net Amount $47.
Dollars ($500.00). Each day any
such violation shall be allowed to \
continue shall constitute a separate \ \ \\ \� L•
violation and punishable hereunder.
Passed and Approved on this 11th �''�� / / �i�
day of October, 2010. Z` •' �Y P(/� •. y�
/s /Oscar Trevino V ; O
Oscar Trevino -Mayor
ATT EST:
/s/Patricia Hutson
Patricia Hutson - City Secretary y
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APPROVED AS TO FORM AND �`oFtEf'P
LEGALITY: i� $ ••.' ��
/s /Geo rg e Sta
Staples City Attorney / /// 3
THE STATE OFT 1 \
County of Tarrant "/4114ttt1111100%
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501
Signed ` �M
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Octo er #,2 .
Notary Public
Thank You For Your Payment
---------------------------------------------
Remit TO: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 312729601
Invoice Amount: $47.12
PO Number:
Amount Enclosed: $