HomeMy WebLinkAboutOrdinance 2435
ORDINANCE NO. 2435
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 2374, THE SIGN REGULATIONS
OF THE CITY OF NORTH RICH LAND HILLS, TO PROVIDE
ADDITIONAL REGULATION OF PORTABLE SIGNS~CLUDING
REQUIRING A DEPOSIT AND RESTRICTING THE NU BER AND
DURATION OF PORTABLE SIGN PERMITS; T PROVIDE
ADDITIONAL REGULATION OF VEHICULAR SIGNS, TO AMEND
THE PROVISIONS GOVERNING POLE SIGNS; AND TO PROVIDE
FOR THE DISCONTINUANCE OF NONCONFORMING SIGNS UNDER
CERTAIN CIRCUMSTANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance Number 2374 was adopted on March 15, 1999 to provide for
the comprehensive regulation of signage within the City; and
WHEREAS, the City Council desires to amend certain portions of the regulations and to
adopt additional regulations; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
I.
THAT, Section 5 "Definitions" shall be amended to add the following definitions which
shall read in their entirety as follows:
Community Event An event that is sponsored by a non-profit organization as defined
by Section 503(c) of the United States Internal Revenue Code, as amended, and
formed for the use, benefit and enjoyment of its members to achieve religious,
recreational, charitable, municipal or educational pursuits.
Portable Sign Those signs that are not firmly attached to the ground, a building, or
other structure, and those that can be easily moved or carried about and reused
numerous times at different locations. Determination by the Building Official or his
designated representative as to whether any sign is portable shall. ,œntrolling.
Ordinance No. 2435
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II.
THAT Section 5 "Definitions" shall be and is hereby amended to modify the definition
for ''Temporary Sign" which shall be amended to read in its entirety as follows:
Temporary Sign Any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials,
with or without frames, and any type sign not permanently attached to the ground, wall
or building, intended to be displayed for a short period of time only.
III.
THAT Section 8, "Administration and Enforcement", subsection D, "Sign Maintenance",
shall be and is hereby amended to add subsection 6 which shall read in its entirety as
follows:
6. Any sign which the Building Official determines no longer serves a bono fide use
conforming to this code, shall be removed by the owner, agent or person having
the beneficial use of the land, buildings or structure upon which the sign is
located within fifteen (15) days after written notification to do so from the
Building Official. Upon failure to comply with such notice, the Building Official is
hereby authorized to cause the removal of such sign, and any expense incident
thereto shall be paid by the owner of the land, building or structure to which such
sign is attached or upon which it is erected.
IV.
THAT Section 9 "Table of Permitted Signs", shall be and is hereby amended in its
entirety to provide as follows:
The Table of Permitted Signs, included in this Section, presents the zoning districts
where the locations of signs shall be allowed or prohibited by these regulations. Signs
are listed in accordance with allowable zoning districts shown as shaded areas, and
zoning districts where certain signs are prohibited shown as blank areas.
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Residentilll districts Non..Residential districts
Table of Permitted Per Secti R R R R R R R R M 0 L Cl C2 C I I U A
Signs mit on IS 1 2 3 4 6 8 7 H 1 R C 1 2 G
Reg' # D T M 1
d F
YIN
A. Ground Signa 13A
Electronic Message Y 12 · · · · ·
Board 4
Major Y 4 · · · · · · ·
DevelQpD1ent Si~
Monument Sign Y 3 · · · · · · · · · · · · · · · · ·
Pole Sign Y 1 · · · · · · · · ·
Subdivision y 5 · · · · · · · · · · · · · · · · ·
Nameplate Sip
Menu Board Sign y 2 · · · · · ·
Traffic Directional N 6 · · · · · · · · · ·
Sign
B. Builclin9 Signa 13B
Canopy Sign Y 2 · · · · · · · ·
Projection Sign y 3 · · · · · · · · ·
Wall Siþ t Y I · · · · · · · · · · ·
c. Temporary S~n .·13C
New Development Y I · · · · · · · · · · · · · · · · · ·
Sign
Banner Sign Y 7 · · · · · · · · · ·
Construction Trade N 8 · · · · · · · · · · · · · · · · ·
Sip
Flags 2 N II · · · · · · · · · · · · · · · · · ·
Gar~e SaleSign N 5 · · · · · · · · ·
Grand Opening NN 10 · · · · · · · ·
Sign
Political Sign 3 N 6 · · · · · · · · · · · · · · · · · ·
Portable Sign S Y 3 · · · · · · · · · · · · · · · · · ·
Real Estate Sign N 4 · · · · · · · · · · · · · · · · · ·
Weekend Y 9 · · · · · · · · · · · · · · · · · ·
Advertising Sign
Multi-family allowed one Wall Sign per street frontage.
2 Company logo flags not allowed in AG, RIS, RI, R2, R3, R4D, R6T, R8, & MHI districts.
Political Signs are regulated as either "AG & R" district signs or "All other district" signs.
4 Electronic Message Boards allowed outside the Freeway Overlay Zone have additional restrictions than
Electronic Message Boards allowed within the Freeway Overlay Zone.
See additional restrictions under the Portable Sign regulations.
Ordinance No. 2435
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v.
THAT Section 10 "Nonconforming Signs", shall be and is hereby amended to read in its
entirety as follows:
A. A sign that does not conform to the regulations prescribed in this code and that
existed lawfully on the date of adoption of Ordinance No. 2374, or amendments
thereto, shall be deemed a nonconforming sign. A nonconforming sign may be
maintained.
B. The right to continue use of a nonconforming sign shall cease and such sign
removed whenever:
1. An approved application for certificate of occupancy or a certificate of
occupancy is issued by the Building Official and a sign is associated with
such occupancy. This section applies to on-premise signs only.
2. A change in occupancy classification occurs as described in the building
code and a sign is associated with the classification change.
3. A sign is altered, moved or relocated without a permit issued pursuant to
the terms of this ordinance.
4. A sign is destroyed and the cost to repair the sign exceeds 60 percent of
the replacement cost on the date of the damage.
5. A sign leans such that an angle between the sign and the ground is
45 degrees or less.
C. A nonconforming ground sign situated on a property acquisition initiated by the
City may be relocated on-site provided the sign is removed or rebuilt to conform
with this ordinance within five (5) years. Relocation is limited to the same
physical sign with no increase in height, area, or change in other physical
attributes. For purposes of this section, "A property acquisition initiated by the
City" does not include right-of-way dedicated in the subdivision plat process.
VI.
THAT Section 13 "Sign Height, Area, Construction and Placement Standards",
subsection A(1)(b) "Ground Signs, General, Pole Signs, When Permitted" shall be and
is hereby amended to read in its entirety as follows:
b. When Permitted One pole sign may be permitted for single lot
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development when the area of the principal building exceed twenty five
thousand (25,000) square feet in floor area.
VII.
THAT Section 13 "Sign Height, Area, Construction and Placement Standards",
subsection A(1)(i) "Ground Signs, General, Pole Signs, Material Requirements" shall
be and is hereby amended to read in its entirety as follows:
I. Material Requirements The support structure for a pole sign shall be
double pole and said poles must be at least three (3) feet apart and each
pole must be individually covered with material that match the masonry
portion of the principal building on the site or must be covered with stone
or brick.
VIII.
THAT Section 13 "Sign Height, Area, Construction and Placement Standards",
subsection C(2) "Vehicle Advertising" , shall be and is hereby amended to read in its
entirety as follows:
2. Vehicle Advertising
a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid
or similar mobile structure where the primary use is to provide a base for
the sign itself and where the vehicle is allowed to remain parked along a
right-of-way in the same location or in the same vicinity at frequent or
extended periods of time.
b. Vehicles whose primary use is the regular delivery of goods or services
may have such goods and services advertised upon the vehicle provided
the owner can demonstrate, through a log or other documentation made
contemporaneously with the vehicle useage, that the primary use of the
vehicle is the regular delivery of goods or services.
c. Signs shall be permanently attached to the vehicle by being painted,
bolted, screwed or magnetically affixed. No sign or advertising structure
shall be erected or attached to any vehicle except for those signs which
are painted directly or mounted flush to the surface or mounted directly on
the roof of the vehicle. No roof mounted signs shall project more than
twelve (12) inches above the roof of the vehicle or the bed of a pick-up
truck.
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d. Banners or signs made of cloth or other light materials, secured with
rubber, rope, string, tape or other similar adhesives shall be prohibited for
vehicular advertising.
e. Vehicle advertising affixed to a vehicle which has been altered for
purposes of circumventing these regulations shall be prohibited.
f. Vehicles that are inoperable, that are not properly licensed and/or are
currently not registered shall not be used, parked or stored in a manner to
provide advertising.
IX.
THAT Section 13 "Sign Height, Area, Construction and Placement Standards",
subsection C(3) "Temporary Signs. Portable Signs", shall be and is hereby amended
to read in its entirety as follows:
3. Portable Signs
a. A permit shall be required for every Portable Sign. Non-profit
organizations will not be charged a permit fee.
b. All applications for a Portable Sign permit shall be accompanied by a
refundable deposit of one hundred ($100.00) dollars per sign. The
deposit will be refunded to the applicant once the Portable Sign has been
removed and an affidavit attesting to the removal of the sign is filed with
the City. If the applicant fails to provide such an affidavit within 5 days of
the expiration of the permit, the deposit will be forfeited to the City.
c. Portable Signs shall be allowed in zoning districts shown in Section 10,
Table of Permitted Signs, subject to the following additional restrictions:
(i) Portable Signs utilized by non-profit organizations shall be allowed
in all zoning districts; however, within residential zoning districts,
signs may only be located on a collector or arterial street.
(ii) Portable Signs utilized to advertise "for profit" activities may be
located in nonresidential districts only.
d. A Portable Sign may be erected or placed to advertise a business,
industry or pursuit, but only on the premises on which the referenced
business, industry or pursuit is conducted and only when a Certificate of
Occupancy has been previously issued by the Building Official.
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e. Portable Signs to advertise community events may be located off-premise
from the location of the event.
f. A Portable Sign may be erected, after the issuance of a permit, ten (10)
days prior to a grand opening, business or community event and must be
removed no later than two (2) days after the grand opening, business or
community event. The maximum duration of events shall be eleven (11)
days.
g. The number of allowable Portable Sign permits shall be as follows:
(i) One (1) grand opening Portable Sign permit may be issued to a
business during the tenure of the business at the same location.
(ii) In addition to the one-time grand opening permit, a maximum of
one (1) Portable Sign permit may be issued to a business for
advertising purposes each calendar year.
(iii) Each community event shall be permitted to obtain five (5) Portable
Sign permits.
h. The Portable Sign structure must be removed from the view of adjacent
public rights of way upon expiration of the permit. Removal of the letters
from the signboard does not constitute removal of the sign.
i. A Portable Sign shall not exceed fifty (50) square feet in area.
j. A Portable Sign shall not be erected or placed in any location that
constitutes & safety or traffic hazard.
k. A Portable Sign shall not be erected or placed in a fire zone, fire lane,
handicap par~ing area or required loading zone.
I. A Portable Sign shall not be placed in any location that blocks the view of
any ground sign.
m. A Portable Sign shall be placed a minimum of ten (10) feet from any
property line.
n. A Portable Sign shall be a minimum of one hundred (100) feet from
another Portable Sign situated on the same lot.
o. A PQrtable Sign shall bear the company name, address and telephone
number of the owner of th~ sign which shall be the same information as
shown on the Contractor Registration on file with the City. Any sign not
containing current information shall be declared an illegal sign.
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p. Portable Signs shall not be illuminated.
X.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, 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 invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or section of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
XI.
SAVINGS CLAUSE. That Ordinance Number 2374 shall remain in full force and effect,
save and except as amended by this Ordinance.
XII.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVE BY THE CITY COUNCIL THIS 22nd DAY OF NOVEMBER,
1999.
(l£~l J
Ma\or Charles Sc ma
City of North Rich nd Hills, Texas
ATTEST:
Oati<~¿¿ I~
City Secretary
City of North Richland Hills, Texas
Ordinance No. 2435
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APAVED AS TO CONTENT:
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APPROVED AS TÐ FORM AND LEGALITY:
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