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Home My WebLink AboutOrdinance 2730 ORDINANCE NO. 2730 2 8 AN ORDINANCE AMENDING ORDINANCE NO. 2374 AND THE SIGN REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, INCORPORATING RECENT LEGISLATIVE AMENDMENTS; CHANGING RESTRICTIONS ON POLITICAL SIGNS; REQUIRING ABANDONED ON PREMISE SIGNS TO BE REMOVED; PROHIBITING ALTERATION OF ON PREMISE SIGNS WHICH DO NOT CONFORM TO CURRENT SIGN RESTRICTIONS; AMENDING REGULATIONS CONCERNING SIGNS IN PUBLIC RIGHT OF WAY; PROVIDING FOR REMOVAL OF UNLAWFUL SIGNS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 4 6 10 12 14 WHEREAS, recent legislative enactments effective September 1, 2003, will invalidate portions ofthe City's sign regulations and will make it possible for the City to 16 further restrict signs advertising businesses which no longer are located on the premises where such signs are located; and 18 WHEREAS, the City Council desires to conform its regulations to current law and to protect 20 its inhabitants from intrusive advertising, and to make its sign regulations clear and provide for effective enforcement; ; NOW, THEREFORE, 22 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, 24 TEXAS: 26 Section 1: THAT Ordinance 2374 as amended by Ordinances 2379, 2435 and 2474 is hereby amended by amending Section 8.C to read as follows: 28 "Illegal Signs. 30 a. Signs which are erected in public right of way in violation ofthis ordinance may be removed as may be authorized by the City Manager. 32 34 b. The building official is authorized to abate or impound any temporary sign that is in violation ofthese regulations if not abated by the property owner and/or the sign owner within twenty-four (24) hours after notice has been given." 36 38 Section 2: THAT Ordinance 2374 as amended by Ordinances 2379, 2435 and 2474 is hereby amended by amending Section 10 to read as follows: 40 "10. Nonconforming signs. 42 a. Definitions. 44 (1) "Sign" means an outdoor structure, sign, display, light device, figure, Ordinance No. 2730 Page 1 of5 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 (2) painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform. "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. "Off-premise sign" means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. (3) b. 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 ordinance and shall be removed upon notification to the owner ofthe premises where it is located. Failure to remove such sign after notice shall constitute a violation of this ordinance. c. Destroyed signs. Signs which do not comply with current sign ordinances ofthe city must, if daIÎ1aged or destroyed, so that the cost of repairing such sign is more than 60 percent ofthe cost of erecting a new sign ofthe same type at the same location, be removed upon notice. Failure to remove such a sign shall constitute a violation of this ordinance. d. Abandoned On-Premise Signs. (1) On-premise signs identifying or advertising a business shall be removed within thirty 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, if the premises containing the sign is leased, such removal shall be required within thirty 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 ordinance. (2) On-premise 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. Ordinance No. 2730 Page 2 of5 e. Other Non-Conforming Signs. 2 6 All other permanent signs which do not comply with current sign regulations shall be entitled to remain unless required to be relocated, reconstructed or removed in compliance with Subchapter A of Chapter 216 of the Texas Local Government Code." 4 8 Section 3: THAT Ordinance 2374 as amended by Ordinances 2379, 2435 and 2474 is hereby amended by amending Section 13.C(6) to read as follows: 10 "6. Political Signs. 12 a. A political sign is a sign that contains primarily a political message, has an 14 effective area of36 square feet or less, is no more than eight feet in height, is not illuminated, and has no moving elements. 16 b. No permit shall be required for any political sign. 18 c. Political signs shall be allowed in all zoning districts on private property with 20 the consent of the property owner. 22 d. Political signs shall not be located on any utility, light, traffic signal or sign pole. 24 e. Political signs shall be allowed for a period ofthirty (30) days prior to local or county elections, sixty (60) days prior to a state election, and ninety (90) days prior to a 26 national election. All political signs shall be removed no later than seven (7) days after the election or after the termination of candidacy, whichever comes first. 28 f. Signs with primarily political messages which do not meet the definition of (a) 30 above shall not be allowed unless within a residential zoning district with a permit, subject to other sign requirements. 32 g. Political signs shall not be located so as to cause a safety or traffic hazard. 34 h. A political sign shall not be illuminated or projected. 36 i. Political signs shall not be placed on public property or within public right of 38 way, except that political signs less than three (3) feet in height and with no more than six (6) square feet of sign face on any side may be placed in public right of way no closer than three 40 (3) 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 42 collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied residence. Signs shall not extend over the sidewalk or street." 44 Ordinance No. 2730 Page 3 of5 Section 4: 2 4 "9. Weekend Advertising Sign. THAT Ordinance 2374 as amended by Ordinances 2379, 2435 and 2474 is hereby amended by amending Section 13.C(9)g to read as follows: 6 The purpose of Weekend Advertising signage is to assist the public by guiding them to available residential properties in North Richland Hills. g. Signs shall not, except as herein provided, be placed on public property or in public right of way. Such signs may be placed no closer than three (3) 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 0 f way a dj acent to an occupied residence. Signs shall not extend over the sidewalk or street. 8 10 12 14 16 18 20 Section 5: 22 24 26 Section 6: 28 30 32 34 36 Section 7: 38 40 Section 8: " 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. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis 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 ofthe 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. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. This ordinance shall be in full force and effect immediately upon passage. 42 AND IT IS SO ORDAINED. 44 Ordinance No. 2730 Page 4 of5 Passed on the 25th day of August, 2003, 2 4 6 ... ~ \\,-,',,\ J,. '~I.' -~;!C ,..\ . :'l.~C. _ oIUI\ ,~ ..... ~..#...~ \~"..,.".";""~~ .... ~"'...., ,,' "'. ~ . ~ "n "', ~ .. ~. .- -. ~ ~~~ST: r \~\ -.-" !£~ :,.~ ~'- -~.. .: ~ ~". .~d¡.. ",. ~ triciW'Ml\ùt:sGl1»-;'City Secretary 8 10 12 14 16 18 20 22 24 ~ 26 Ordinance No. 2730 Page 5 of5 CITY OF NORTH RICHLAND HILLS By: