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HomeMy WebLinkAboutOrdinance 3886 ORDINANCE NO. 3886 ZONING CASE TR25-01 AN ORDINANCE OF THE CITY COUNCIL AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING CHAPTER 106, SIGNS, TO REVISE STANDARDS FOR ELECTRONIC MESSAGE BOARDS, CHANGE THE NAME OF ELECTRONIC MESSAGE BOARDS TO ELECTRONIC MESSAGE SIGNS WHERE REFERENCED IN THE CHAPTER, REVISE THE NUMBER OF BUILDING FACES PERMITTED FOR WALL SIGNS, AND REVISE THE AREA CALCULATION CRITERIA FOR WALL SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas 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 Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council desires to amend certain portions of the Sign Regulations Ordinance regarding electronic message signs and wall signs; and WHEREAS, the City Council has determined that the proposed ordinance amendment promotes the health, safety, morals, and the general welfare within the City of North Richland Hills and is in the best interest of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Ordinance No. 3886 TR25-01 Page 1 of 10 SECTION 1: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-2-"Definitions" to delete the definition for "electronic message board" and add the following definition to read as follows: Electronic message sign means a sign that utilizes changeable copy messages through internal illumination through light emitting diodes (LED) or other light sources. SECTION 2: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-2-"Definitions" to revise the definition for"ground sign"to read as follows: Ground sign means a permanent sign that has its supporting structure depending on the ground for attachment and includes pole signs, monument signs, outdoor menu message boards, electronic message signs, and traffic directional signs. 77 SECTION 3: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-3 - "General regulations," Subsection (12) "Freeway overlay zone" to read as follows: (12) Freeway overlay zone. There shall be a freeway overlay zone located within an area 200 feet from and parallel to the right of way of I.H. Loop 820 and State Highway 121. A pole sign or electronic message sign within the freeway overlay zone shall comply with the following additional regulations: a. Maximum pole sign and electronic message sign height: A pole sign or electronic message sign located within the freeway overlay zone shall not exceed 65 feet in height. b. One pole sign shall be allowed per platted lot which must be separated by a minimum of 100 feet from existing pole signs located on adjacent lots. c. Maximum pole sign and electronic message sign area: The maximum size of a pole sign or electronic message sign located Ordinance No. 3886 TR25-01 Page 2 of 10 within the freeway overlay zone shall be two square feet of sign area for each linear foot of freeway frontage up to a maximum of 400 square feet. Electronic message signs may not contain displays which reproduce a sense of motion that may cause an undue distraction to motorists and may not change displays or flash at frequencies more than once every eight seconds. Lettering or images that blink, flash, fly, or chase into view of the electronic display shall be prohibited. d. Any pole sign or electronic message sign located on the property of a public school, private school, government entity, or other nonprofit organization that is used to provide public service information of a general nature to the community may have a commercial sponsorship message on the sign. The commercial sponsorship message is limited to ten percent of the total sign area. e. One pole sign or monument sign shall be allowed for each separate auto dealership located within the freeway overlay district, but may not exceed one sign for each 150 linear feet of qualified street frontage, or fraction thereof. Auto dealership signs shall be subject to the applicable provisions of the pole or monument sign regulations. A pre-owned automobile dealership and each new automobile make offered for sale shall constitute separate dealerships for the purposes of this section. 17 SECTION 4: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-5 - "Prohibited signs," Subsection (2) "Rotating and flashing signs" to read as follows: (2) Rotating and flashing signs. Revolving, rotating, flashing, or blinking beams or beacons of light shall be prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental agency. 11 SECTION 5: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-9 - "Table of permitted signs," Subsection "A. Ground Signs" to change the name of electronic message board to electronic message sign and to read as follows: Ordinance No. 3886 TR25-01 Page 3 of 10 Residential Districts Nonresidential Districts a p a � u ' c Z o ci c. M F' cc c-1 < <-i -t N U r-I N C• � 8 a 0 a. A.Ground Signs 13A Electronic Message Y . Sign4 » SECTION 6: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-9 - "Table of permitted signs," footnote four (4) to read as follows: 4Electronic message signs allowed outside the freeway overlay zone have additional restrictions than electronic message signs within the freeway overlay zone. SECTION 7: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising the caption of Section 106- 12 to read as follows: Sec. 106-12. Electronic message signs and digital billboards. SECTION 8: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-12-"Electronic message signs and digital billboards,"Subsection (a)"On-premises signs" to read as follows: (a) Electronic message signs. Electronic message signs are subject to the following standards. (1) Electronic message signs are permitted on properties with the following primary land uses, provided it is the sole use of the Ordinance No. 3886 TR25-01 Page 4 of 10 property. The sign is not permitted if the use is located in a multitenant building or multiuse property. a. Public or private school. b. University or college. c. House of worship. d. Amusement park or theme park. e. Public park. f. Governmental building. (2) Electronic message signs are subject to the following standards: a. Number of signs. One electronic message sign is permitted per lot. b. Type and size. Electronic message signs are permitted as monument signs only and subject to design standards in Section 106-13(a)(2). The screen size must not exceed two- thirds (2/3) of the overall sign message area. c. Image requirements. The following standards apply to images displayed on the electronic message sign screen. i. The screen must display static messages for a period of at least eight (8) seconds. A change of message must occur simultaneously on the entire sign face and transition instantaneously to another static image. ii. The sign must not display animated, full-motion, or other moving images; strobing, flashing, blinking, or scrolling text or images; or any similar visual effects of animation or movement. iii. The sign must be equipped with technology that will automatically freeze a blank screen, single message, content, and/or image on the display if the sign malfunctions or is damaged. iv. The sign must be equipped with automatic dimming technology that automatically adjusts the sign brightness based on ambient light conditions. d. Residential adjacency. To minimize the potential negative effects on surrounding and adjacent residential properties, Ordinance No. 3886 TR25-01 Page 5 of 10 electronic message signs are prohibited from displaying illuminated messages between 10:00 p.m. and 6:00 a.m.in the following circumstances: i. when the sign is on residentially zoned property; ii. when the sign is located within 100 feet of a residential structure; and, iii. when the sign is located within 100 feet of a residentially zoned property. e. Illumination. The electronic message sign must not exceed a brightness level of zero-point-three (0.3) foot-candles above ambient light conditions, as measured by the guidelines below. i. At least 30 minutes past sunset, a light meter must be used to record the ambient light reading for the area. All readings must be taken at five (5) feet above grade and 45 feet from the sign. The meter must be aimed directly at the sign.All measurements must be taken in foot-candles. ii. The initial reading must be performed while the digital sign is off or displaying all black copy. iii. A second reading must be taken with the sign turned on and illuminated entirely in white or red. iv. If the difference between the two readings taken above is 0.3 foot-candles or lower, then the sign is in compliance. If the result is greater than 0.3 foot- candles, the sign is out of compliance and must be adjusted to meet standards or turned off until compliance can be met. (3) Freeway overlay zone. Electronic message signs are permitted within the freeway overlay zone, provided that the restrictions in Section 106-3(12) are met. (4) Fuel pricing signs. Electronic message signs are permitted to be used to display the current price of diesel fuel or gasoline for sale, provided that the restrictions in Section 106-13(b)(2) are met. The fuel pricing message must not change more often than once per hour. Ordinance No. 3886 TR25-01 Page 6 of 10 SECTION 9: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-13 - "Sign height, area, construction and placement standards," Subsection (a) "Ground signs" to read as follows: (a) Ground signs generally. Ground signs shall be regulated as pole signs, monument signs, major development signs, subdivision nameplate signs, new development signs, traffic directional signs, electronic message signs, or outdoor menu board signs. 77 SECTION 10: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-13 - "Sign height, area, construction and placement standards," Subsection (b) "Building signs," Subsection (1) "Wall signs" to read as follows: (1) Wall signs. The purpose of a wall sign is to provide single faced signage attached flat against the wall of a structure. Each structure or tenant space may have wall signage on a maximum of three building faces. Wall signs are only permitted on faces of buildings that have a street frontage or a public entrance. For the purpose of these regulations, a sign attached to a mansard roof that has a one to one slope or more shall be regulated as a wall sign. For the purpose of these regulations, a sign that is attached or affixed to an awning that does not extend more than 36 inches from the exterior wall surface to which it is attached shall be regulated as a wall sign. Wall signs shall comply with the following regulations: SECTION 11: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-13 - "Sign height, area, construction and placement standards," Subsection (b) "Building signs," Subsection (1) "Wall signs," Subsection (b) "Maximum area" to read as follows: Ordinance No. 3886 TR25-01 Page 7 of 10 (b) Maximum area. Multiple wall signs are allowed on exterior walls, but the maximum area of all wall signs on each such wall must not exceed ten percent (10%) of the exterior wall area. For the purpose of these regulations, the term "exterior wall area" means the exterior wall surface area of a single tenant structure or the storefront of a multi-occupancy structure. The wall area is calculated as the width of the wall multiplied by the height of the wall from the finished floor elevation or top of foundation to the top of the parapet wall or the bottom of the eave, whichever is tallest. SECTION 12: That Chapter 106, Signs, and Code of Ordinances of the City of North Richland Hills be amended in part by revising Section 106-13 - "Sign height, area, construction and placement standards" Subsection (b) "Building signs" Subsection (1) "Wall signs" Subsection (e) "No projection above roofline" to read as follows: (e) Wall sign placement. Wall signs must be placed flat against the wall of the building. The sign must be located at least twelve (12) inches horizontally from the edge of a wall or tenant space, and at least twelve (12) inches vertically from a cornice line, parapet wall, the apparent flat roofline, or eaves line of the building. SECTION 13: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 14: 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 section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been Ordinance No. 3886 TR25-01 Page 8 of 10 enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 15: Any person, firm, or corporation violating any provision of the Sign Regulations of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 16: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing the sign regulations that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 17: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this Ordinance as required by law, if applicable. SECTION 18: This Ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 27th day of January, 2025. CITY OF NORTH.RICHLAND HILLS it.:7L( J McCarty, Mayor ' 7' ATTEST: .�6`.0'0LAN j I.., a, ,,..,_, Z . r Alicia Richardson p:Q'•. ���' City Secretary/Chief Gov ?.Offi ��. Ordinance No. 3886 �I',`°°trod•"`� TR25-01 Page 9 of 10 APPROVED AS TO FORM AND LEGALITY: Bradley A. Berle, City Attorney APPROVED AS TO CONTENT: Clayton Co stock Managing Director of Development Services Ordinance No. 3886 TR25-01 Page 10 of 10 pa&c.det 'd "ittiredeutee . . STATE OF TEXAS COUNTY OF TARRANT I,JOHN M. BONDURANT,JR., PUBLISHER of the COMMERCIAL RECORDER,am over the age CITY OF NORTH RICHLAND HILLS of 18, have knowledge of the facts stated herein, ORDINANCE NO.3886 and am otherwise competent to make this AN ORDINANCE OF'THE p CITY COUNCIL AMEND- affidavit. The COMMERCIAL RECORDER, of Fort .ING THE CODE OF ORDI- NANCES OF THE.CITY OF Worth, Tarrant County, Texas, is a newspaper of JvoxiTiRIc.HI.ANDBILLSBY AMENDING.CHAPTER 106, general circulatioCl which has been published in SIGNS,.TO.REVISE STAtif Tarrant County regularly and continuously for a MESSAGE BOARDS,CHANGiS period of over one year prior to the first day of THE NAME OF ELECTRON- IC MESSAGE BOARDS.TO. publication of this notice. The COMMERCIAL ELECTRONIC MESSAGE• RECORDER is qualified topublish legal notices SIGNS WHERE REFER- RECORDERg ENCED IN THE CHAPTER., according to Article 28e, Revised Civil statutes of REVISE THE NUMBER OF BUILDING FACES PERMIT- Texas. TED FOR WALL SIGNS,Aftlai REVISE THEAREA CALCULI, TION CRITERIA FOR WALL I,solemnly swear that the notice hereto attached SIGNS; PROVIDING...TRAP was published in the COMMERCIAL RECORDER, CUMURDINaNCESl.OR CUMULATII�S OF Ail.ORI;. on the following dates,to-wit: NANCES; PROVIDING FOR SEVERABIL1TY;ESTABLiSII- INGAPENALTY;PROVIDIP January 31,2025 FOR SAVINGS;PROVIDINa FOR PUBLICATION; ANSI PROVIDING AN EFFECr'ISSk DATE. Any person, firm;or-crr- poration violating any provl-; sion of the Sign'Regulations' of the City of North Richlatid Sworn to and subscribed before me this Hills as amended hereb} shall be deemed guilty of ti` 31st day of January,A.D. 2025 nal conviction theand Upon' 'Hal conviction thecebf fine in an amount not to•exceed Five Hundred(vSOation.Eacli day-any such violation-sliali be allowed to continue shall: constitutea separate violation. anduand punishable hable hereunder.:;;• Notary Public,Tarrant County,Texas PASSED AND APPROVED on' this 27th dayof]anuary,2025: CITY_DF NORTH RICHLAND HILLS By:/s/Jack McCarty Jack McCarty,Mayor.. ,,,,,, _� . ATTEST: CUNDO V s Alicia Richardson �ptr1+Y V�'I F��I�F JR // �;�.�; ! , Alicia Richardson F I f.E4 iv My Notary ID#129755308 City Secretary/Chief Gover, •s;or 1$• altos March 20,2026 nance Officer • APPROVED AS TO'FORM' AND LEGALITY: • /s/Bradley A.Anderle`;. • Bradley A.Anderle,City'At torney ' 1-31