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HomeMy WebLinkAboutOrdinance 1001 ORDINANCE NO. 1001 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 TEMPORORY SIGNS; REGULATING DESIGN AND CONSTRUCTION OF SIGNS; REGULATING BILLBOARDS; PROHIBITING OBNOXIOUS SIGNS AND SIGNS EXPLOITING SEX; PROVIDING FOR A PENTALTY FOR VIOLATION OF A FINE NOT IN EXCESS OF $200.00 AND PROVIDING FOR A SAVINGS CLAUSE. PASSED AND APPROVED this 24th day of January, 1983. Tern ATTEST: ~ C%t~ APPROVED AS TO FORM AND LEGALITY: roo ~f /Í h /ZL--' ~~} ex McEntire, City Attorney BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: ARTICLE 1. PREAMBLE: PURPOSE OF THE ORDINANCE The sign regulations as herein established have been rnade for the purpose of prornoting health, safety, rnorals and general welfare of the City of North Richland Hills. The Ordinance contains standards regulating the use, size, location, construction and rnaintenance 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 frorn darnage and injury which rnay be caused by the unregulated construction of signs. ARTICLE 2. For the purpose of this Ordinance the words and phrases set forth shall have a rneaning ascribed to thern as follows: SECTION 2.1 AREA OF SIGN "Area of Sign" shall rnean the total area within the extrerne perirneter of the attraction area intended to draw attention to the sign, including all open spaces and supports which the sign rests upon if said supports are designed to attract attention to sign. The area of the sign with two (2) faces, approxirnately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the planes of the faces exceeds forty-five (45) degrees the total area of both faces shall be considered the sign area. For rnulti-sided or circular signs, the area shall be the total projected area. SECTION 2.2 BILLBOARD "Billboard" shall rnean 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 sale or lease of the property upon which such advertising displays are to be placed. (b) To designate the narne of the owner or the occupant of the prernises upon which such advertising display is placed, or to identify such prernises. (c) To advertise goods rnanufactured, 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 cor- nices, bay windows, or other ornamental trim, of any main exterior wall of the build- ing. 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 SIGNS "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 build- ing 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 flat 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 thereof, used to announce, declare, demonstrate, 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 Signs" shall mean a sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light mate- rial 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 signs 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 of permanent construction projecting from the wall of a building or other structure. SECTION 2.13 DEVELOPMENT erties mente "Development" shall mean any nonresidential property improvement or prop- improved as a unit with a common parking area that is contiguous to the develop- 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 of a commercial or industrial development fronting on a major or secondary thoroughfare. SECTION 2.15 TRAFFIC CONTROL SIGNS "Traffic Control Signs" shall be any sign used only to control and direct traffic on private property (e.g., "ENTER" or "EXIT"). SECTION 2.16 ZONING DISTRICTS "Zoning Districts" referred to in this ordinance shall be as defined in the Zoning Ordinance of the City of North Richland Hills, Texas, Ordinance Number 179. 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 Code and unless a permit for the same has been issued by the Direc- tor of Public Works 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 pro- visions of this Ordinance. SECTION 3.2 OFFICIAL, QUASI-OFFICIAL AND DIRECTIONAL SIGNS (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, 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 authority. (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 with- out a permit being issued. (c) Nonadvertising, directional or informational signs less than six (6) square feet in area may be used without permit in zoning districts MF, NR, 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 Public Works Department accompanied by the filing fee in the amount provided for by Section 3.9 for each development on which the sign or signs are to be erected and shall contain or have attached thereto the following 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 near- by 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 is 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 Building Code of the City, which is the 1981 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 Director of Public Works 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 shall be collected in accordance with the schedule of Section 3. SECTION 3.4 NONCONFORMING SIGNS All applications for sign permits for signs which do not conform to the pro- visions of this Code or are located on the same property or development on which other signs do not conforrn with the provisions of this Code shall be subrnitted by the Director of Public Works to the City Manager forre~iew in accordance with the provisions of Article 10 of this Ordinance. SECTION 3.5 APPROVAL OF TRAFFIC ENGINEER If in the opinion of the Director of public Works the plans and specifica- tions indicate that the sign or sign structure might interfere with, mislead or con- fuse 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 APPROVAL OF FIRE CHIEF The issuance of a sign permit shall be subject to approval by the Fire Chief, if in the opinion of the Fire Chief the plans and specifications show that the sign or sign structure might be erected in conflict with the provisions of the Fire Prevention Code of the City. SECTION 3.7 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 Hills and has received approval where necessary of the Fire Chief and Traffic Engineer, the Public Works Department shall then issue the sign permit. If the work authorized under a sign permit has not been completed within one hundred eighty (180) 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 com- plied with by the applicant. SECTION 3.8 UNSAFE AND UNLAWFUL SIGNS (a) Signs and sign structures including those existing prior to this ordinance shall ne maintained at all times in a state of good repair, safe and secure with all braces, bolts, clips, supporting frame and fastenings free frorn deterioration, termite infestation, rot, rust or loosening, able to withstand al all tirnes the wind pressure for which they were originally designed. (b) No person rnainitaing any sign, sign structure or billboard shall fail to keep the ground space within eight (8) feet frorn the base of said sign, signboard, billboard or advertising structure free and clear of weeds, rubbish and other flammable waste rnaterial. (c) If the Director of Public Works or other person he/she rnay appoint shall find that nay sign or other advertising structure regulated herein is unsafe or insecure, or is a rnenace to the public, or has been constructed or erected or is being rnaintained in violation of the provisions of this section, the perrnittee 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 altereed 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 Director of Public Works 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 Director of Public Works 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 Director of Public Works 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 3.9 FILING AND PERMIT FEES (a) Permanent signs and billboards: application and plan filing exanination fees shall be $50.00 for permanent signs and billboards. Sign perrnit fees shall be based on the value of the sign in accordance with the following: Monetary Value of Base Fee + Percentage of Proposed Work Estimated Cost 00 500 $ 10.00 501 1,500 15.00 1,501 3,000 20.00 3,001 5,000 25.00 5,001 50,000 0.00 + .5% 50,001 100,000 = 50.00 + .4% 100,001 500,000 = 150.00 + .3% 500,001 or more 650.00 + .2% (b) Temporary Signs: a single filing/permit fee of $10.00 shall be required for temporary signs. SECTION 3.10 IDENTIFICATION Every sign or other advertising structure erected shall have painted on, or otherwise permanently marked upon it a number assigned by the Building Department, which shall be not less than one (1) inch in height and shall be plainly visible from the ground or from the roof adjacent to the sign. 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 or one (1) roof sign or one (1) projecting sign, subject to the excep- tions contained in Section 4.2 through 4.8. In the case of very large developments (e.g., shopping centers, apartment complexes, etc.) that have substantial frontages on two or more streets (with commercial or industrial zoning on both sides of the streets), additional ground signs may be permitted with special approval from the City Council. 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, I-F, 2-F and MF. (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 supporting structure shall be twenty-five (25) feet, except that the height of a ground sign may be in- creased by adding one (1) foot of height for each linear foot the sign is set 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) the shortest linear distance from the location of the sign to the nearest boundary of any AG, I-F, 2-F, or MF zoning district. (e) The sign shall not project over the property line of the development 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 development in all zoning districts except AG, I-F, 2-F, and MF. (b) Roof signs 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, I-F, 2-F and MF. (b) projecting signs shall not project over the property line of the develop- ment or over any area within ten (10) feet of the curb of a public street or thorough- fare. (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 subject to individual approval by the City Council. SECTION 4.6 WALL SIGNS: COMMERCIAL ZONES Wall signs shall be permitted in any NR, LR, C or I zoning district develop- ment provided the total area of all wall signs on anyone (1) wall face shall not ex- ceed twenty-five (25%) percent of the exposed area of the wall on which they are located, said twenty-five (25%) percent also to include valance and permanent window signs. A wall sign shall not project above the apparent flat roof or eave line. SECTION 4.7 SIGNS: RESIDENTIAL/AGRICULTURAL ZONES All signs are prohibited in zoning districts AG, I-F, 2-F and MF except as follows: (a) Multi-family developments in MF zoning districts shall be allowed one (1) wall or ground sign for identification purposes only for each street frontage. The 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 MF zoning districts shall not exceed a height of four (4) feet above grade. A permit is required for these signs. (b) Wall signs may be used with any residential use in AG, l-F, or 2-F zoning districts, with a maximum area of sign of two (2) square feet per sign with a limit of two (2) signs for anyone (1) occùpancy, 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 re- strictions 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 shall not exceed fifteen (15) feet above grade. A permit is required for these signs. SECTION 4.8 TRAFFIC CONTROL SIGNS Traffic control signs are permitted without a sign permit, subject to the following provisions: (a) The maximum area of anyone traffic control sign shall be two (2) square feet. (b) Traffic control signs are not permitted in zoning districts AG, I-F, or 2-F. (c) Traffic control signs shall not include any advertising or attention attracting lighting, symbols, logos or shapes. Cd) 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, stand- pipe, 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 en- croaches 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 Director of Public Works 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 bot- tom of the sign to a vehicular trafficway immediately below the sign. SECTION 5.4 MEMORIAL SIGNS AND HISTORICAL TABLETS Memorial signs and historical tablets or plates commemorating a historical event or a memorial to a deceased person may be used with any building if not exceed- ing two (2) square feet in area and permanently fastened to the building surface; provided, however, larger signs may be permitted with approval by the City Council. SECTION 5.5 VEHICLE SIGN No sign or advertising shall be erected or attached to any vehicle except for signs painted directly on or mounted flush to the surface of the vehicle. No roof mounted or projecting signs shall be permitted except for temporary signs used for political advertising. All vehicles which have signs or advertising shall be in working order and shall have current registration and inspection stickers, and shall be regularly used for business transportation purposes. SECTION 5.6 SPECIAL PERMITS Nothing herein contained shall prevent the City Council from granting special permits on such terms as it may deem proper, for signs advertising or per- taining 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 inju- rious to adjacent property or improvements. SECTION 5.7 LIGHTING Signs may be illuminated or nonilluminated. Illumination may be either by internal, internal-indirect or indirect lighting as defined in sections 5.7.1, 5.7.2 and 5.7.3. 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 purposes, 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. SECTION 5.7.1 "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. SECTION 5.7.2 "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. SECTION 5.7.3 "Indirect Lighting" means a source of external illumination located a distance away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any normal position of view. SECTION 5.8 ROTATING, MOVING, FLASHING, CHANGING OR BLINKING SIGNS Rotating, moving, flashing, changing or blinking signs shall not be per- mitted. However, "message signs" (for example: time and temperature, etc.) may be permitted as approved on an individual basis by 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 Except as otherwise provided in this Ordinance: (a) No person may erect a temporary sign as defined in Section 2.10 with- out a permit obtained from the Building Inspection 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 seventy (70) 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) Non-conforming temporary signs or temporary signs without permits may be impounded by the City. SECTION 6.2 REAL ESTATE SIGNS Permits shall not be required for the following types of real estate signs: (a) One (1) temporary sign announcing the offering for sale or rental of individually platted residential or commercial property on which it is placed shall be allowed in any district and may be placed in any yard. Such sign shall not exceed eight (8) 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 build- ing, one (1) temporary unlighted sign offering all or a portion of the same for sale or rental shall be allowed flat against any wall 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 (20) feet behind any curb or ten (10) feet behind any property line, whichever is 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 shall be removed within one (1) week following the close of the sale or lease. (d) Six (6) unlighted directional "Open House" signs not to exceed six (6) square feet each with one (1) pennant per sign, may be located on property other than the property which is to be rented, leased, or sold, during daylight hours only, and shall be permitted without the issuance of a sign permit; provided, however, that such signs shall not be located upon public right of way or within the center divider median of any roadway or be located at any location so as to interfere with the view of traffic at any intersection or driveway. SECTION 6.3 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. Such signs may be located on any private property within the same zoning district or any zoning dis- trict which allows the type of project being advertised. In no event shall there be more than one on-site and one off-site sign for a project and such signs shall be re- moved at the end of three years or completion of the project, whichever comes first. Extension to the three year limitation may be granted by the Director of Public Works if (1) a substantial portion of the development is not yet completed, (2) if the de- velopment has building activity in progress, and (3) if the sign is located (or relocated) to a position which is not offensive to the completed portions of the development. These signs shall not exceed 20 feet in height and shall be located at least twenty (20) feet behind the curb of any street, outside any visibility triangle, and not within any parking area; and they shall not exceed 200 square feet in area. (b) A sign permit is required for subdivision or new development signs erected or placed in accordance with the provisions of Section 6.3a. SECTION 6.4 TRADE CONSTRUCTION SIGNS Trade construction signs may be approved at the discretion of the Director of Public Works to advertise the various construction trades on any construction site. Trade construction signs shall be removed before a certificate of occupancy is issued. SECTION 6.5 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 restrictions: (a) Political signs shall be located only on private property with the per- mission 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 120 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 zoning districts AG, I-F, 2-F, and MF, 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 zoning districts AG, I-F, 2-F and MF, political signs shall not exceed six (6) square feet of 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 traf- fic hazard. SECTION 6.6 CIVIC AND RELIGIOUS SIGNS Temporary signs advertising the civic or religious events of civic and reli- gious organizations located within the City of North Richland Hills may be erected or placed on private property without a permit. 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. SECTION 6.7 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 restrictions: (a) Garage sale signs shall be located on private property only. Garage sale signs shall not be permitted on any public property or right of way, nor on any utility, light, traffic signal or sign pole. (b) Sign area shall not exceed six (6) square feet. (c) Signs shall not be posted more than five (5) days prior to the begin- ning 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 1981 edition of the Uniform Building Code and Uniform Sign Code. The design shall be related to the type of supports and shall be in harmony with surroundings. 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 the 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 located 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 zoning districts except AG, I-F, 2-F and MF. 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 shall be fifty (50) feet measured from the ground to the overall top. Approval fo~ 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 pro- ject over any public property or right of way. Billboards shall be located within 100 feet of the limited access freeway boundary line. (b) Billboards shall be positioned such that the primary viewing angle is from the freeway. SECTION 8.6 BILLBOARDS ADJACENT TO RESIDENTIAL AREAS (a) A billboard shall not be located closer than 100 feet from any resi- dential zone boundary or property line. (b) 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 500 feet shall be maintained between any two (2) billboards located 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 bill- board. 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," or "nude" entertainment and which use the words "nude," "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 forty-eight (48) 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 voliation of this Article which can be covered or painted over in such a manner so the sign will comply with this Code and which do not require rernoval or mechanical or electrical alterations of the whole or part of the sign shall be covered or painted over within seven (7) days 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 Code shall be altered or removed within thirty (30) days after service of written notice to abate the sign or signs. SECTION 9.5 NOTICE TO ABATE (a) The City Manager or his 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 purposes 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 MISDENEANOR BE IT FURTHER ORDAINED that any person, firm or corporation which shall violate any provision of this Ordinance shall be guilty of a misdernaanor, and on conviction may be punished by fine up to Two Hundred ($200.00) 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 Director of Public Works to enforce the prov~s~ons of this Ordinance. The Chief of Police and all officers charged with the enforcement of the law shall assist the Director of Public Works. SECTION 10.2 RIGHT OF ENTRY Upon presentation of proper credentials, the Director of Public Works or his duly authorized representative may enter at reasonable times, any buildings, sturcture, or premises in the City to preforrn any duties irnposed upon him by the Ordinance. SECTION 10.3 ABATEMENT OF NONCONFROMING SIGN (a) A period of ten (10) years subsequent to the date of the adoption of this Ordinance 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 11.01 SAVINGS CLAUSE (a) If any portion of this Ordinance is held to be invalid by any Court of conpetent jursdiction it shall not affect the remaining valid portion. Passed and approved this 24th day of January, 1983. ern ATTEST: ~~c~~ APPROVED AS TO FORM AND LEGALITY: //) /// ð ~p~c-----.-.~" Rex McEntire, City Attorney LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF Tarrant: Before me, the undersigned authority on this day personally ap- peared Carolyn Rutledge known to me to be a credible person, who first being sworn, deposed and upon her oath said: Adv. & Bus. Mgr. That she is the Mid Citief Daily News of the , 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 Notice and that he caused said notice to be published in 1-28-83 said newspaper on the following date(s). That the attached is a true and correct copy of said notice as published on said date(s) in said -7T ~~ (;;~ar;~ 1st. Feb. Sworn to and subscribed before me, this the _ day of _, 83 19_. U~þ-,~ Eleanor M.Lewi.s t P bI· 'No ary u IC, TarraDb ounty, Texas ORDINANCE NO~l(J(jl.; AN'.~R~J"N;.ANCE R E G"tJ :C''AT IN G e SIGNS ANf:J',BILL~ g BOARDS WITHIN i THE CITY LIMITS OF NORTlf RICI:\- t LAND HILLS,rft)Q.· 1 AS; DEFI",¡J!rfð ~ TERMS; REttm\- - ING A PERMIt , FOR ERECTI(JN or . A,SIGN. AND~. ; VJDINGF<)R,. SGHEDULE' Ó' FEES; REGtJ.'A'ff- ING THE'ARø+ or ~ SIGNS PERMI~ T. ED; PR .0.. VID.......N....i...... FOR A S&RIi$ O. GENERAV' cltlD TrONS;'RÉG~~ ING TEMPOItAR SIGNS; REGVLIIA INGDE$IGt{ .... CONSl'RiIC1'lØ:_ OF SIGNS; REGU- LATING' j'~Lt B' 0 <A'R ·,D· PRO~IßITJN' NO"IOUS SJ AND ~SIGNS PLOITINGS PROVIDING' PE NTAl/l',~ VIOL^~JÐN FIN&:NOT,I GESSOF$ ANnPROV FOR A SAV. CLAUSE. PASS~·.AN PROVER,.th' day ofJánüary~ /s/ Jim RænseYh .}~ Mayor Pro Tem ATTEST: /s/ JeanJ),e~teMoore, City Seèretary . APPROY:ED AS TO F OWM\~/'" ; . AND LEG.MjITiY: /s/Re~.. McEntire, City Attörrte)' MCDNPN 11777 PÙb:l/28/83