HomeMy WebLinkAboutOrdinance No. 2008-11 ('Title: An ordinance of the City of Friendswood amending Appendix A, the City's sign
} ordinance with regard to regulation of obsolete signs within the City, providing for a
penalty, and providing for severability.)
ORDINANCE NO. 2008-11
AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,TEXAS,BEING THE
CITY'S SIGN ORDINANCE, BY DELETING FROM SECTION 1
THEREOF THE DEFINITION OF "OBSOLETE SIGN" AND
SUBSTITUTING THEREFOR A NEW DEFINITION; BY DELETING
ALL OF SECTION 25 THEREOF, ENTITLED "OBSOLETE SIGNS,"
AND SUBSTITUTING THEREFOR A NEW SECTION 25; AND BY
DELETING ALL OF SECTION 26 THEREOF, ENTITLED "LAWFULLY
NON-CONFORMING SIGNS," AND SUBSTITUTING THEREFOR A
NEW SECTION 26; PROVIDING THAT OBSOLETE SIGNS SHALL BE
BROUGHT INTO COMPLIANCE WITH CITY ORDINANCES OR
REMOVED PRIOR TO THE FIRST ANNIVERSARY DATE OF SUCH
NON-COMPLIANCE; PROVIDING A DEFINITION OF AND
REGULATIONS GOVERNING A "LAWFULLY NON-CONFORMING
SIGN"; PROVIDING A PENALTY IN AN AMOUNT OF $2,000 FOR
VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Chapter 216 of the Texas Local Government Code allows the City of
Friendswood to regulate the relocation, reconstruction, or removal of any sign within thel
corporate limits of the City and its extraterritorial jurisdiction; and
WHEREAS, the City seeks to update its sign ordinance to regulate obsolete signs to thel
fullest extent permitted by law;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O
FRIENDSWOOD,TEXAS:
Section 1. Appendix A of the Code of Ordinances of the City of Friendswood, Texas,
same being the City's Sign Ordinance, is hereby amended by deleting from Section 1 thereof the
definition of"Obsolete Sign," and substituting therefor a new definition to read and provide as
follows:
"Sec. 1. Definitions.
For the purposes of this Appendix A [to subsection rr of seet:e., o er Ordinenee AL. on
15 as ore..ted by Ofdinanee Ne. 91 154("Appendix"),the following definitions shall apply:
[Obsolete shall or e
e
or business whieh is no longer available to the publie at the lee
indioated an the •b
Obsolete sipn shall mean any on-premise sign, or any part thereof, which identifies I
or advertises a business, person, product, accommodation, service, or activity that has
ceased to operate on the premises upon which the sign or sign structure is located.
i
Section 2. Appendix A of the Code of Ordinances of the City of Friendswood, Texas,!;
is hereby further amended by deleting all of Section 25 thereof, and substituting therefor a new
Section 25 to provide as follows:
"[See. 2e Obsolete signs.
Signs ...t.:et. t.e..e t.e,.e..,e et...,.tete ,i..e to ..t,.s:.... ..r ., z,....:..e,.- e..t.,ts..t....e..t
ehange in business establishment name, or for any other reason r-endering Ie -:—
...Beetle to the p pe fty kwelved, sLett be .. .ed o endered t.t..«t. 1 ti.e 'Pe-----tl
holde. a ether- e-viner of the t ..:t.iing , hin 3n days from the dater ti premises e e aetion that eaused the sign to be eensidefed obsolete. A eandition of I---all --:&-
13eFmits shall be that the pemik holder or- &*mer of the building or pre,
I
expense, remove
Sec.25. Obsolete signs.
Obsolete signs shall be (a) removed or (b) brought into compliance
with the other provisions of Appendix A not later than the first anniversary
date that the sign, or any part thereof, first became obsolete.
I
If the premises upon which the obsolete sign, or any part thereof, is
leased, then the obsolete sign, or any part thereof, shall be (a) removed; or
Ord.2008-11 2
fib) brought into compliance with the other provisions of Appendix A not
later than the second anniversary date that the sign, or any part thereof,
becomes obsolete, as established by the date of the tenant most recently
ceasing to operate on the premises after the effective date of the enabling
ordinance.
These provisions are in accordance with the provisions of the Texas
Local Government Code &216.003(e) and (flu'
Section 3. Appendix A of the Code of Ordinances of the City of Friendswood, Texas,
is hereby further amended by deleting all of Section 26 thereof, and substituting therefor a new
Section 26,to provide as follows:
"[See.26. Lawfully non eonfor-ming
i
obtained in aeeo d nee mith City Oruina nee Ne 323 d signs in existf
the effective date e€ this ordinance, for whie" permits weFe obtained
aeeoFdanee .:tw n «d: A of the Cede of OFdinanees, shall b eensidered d
deemed as lawfully ..n e ::..m and may be eantiiaiied as such.
Net,. thsto«d: the for-egoing, the person or- «tia. holding the ...nit fer- any
el, le ,.fill. existing eon eenferming sign shall be required to obiain a pemik
fer-sueA sign and at eu.Mse a ply with allr-equir-einen4s of this appendix relating
to non eenfenning signs and sign straet,,ff es.
Lawfully
,fully existing f..min hall be kept ' A
• 17Q�IP.ZLTG]iIjC[R�IIOIS coixxoxx,cc[xv�BigFxS 8xxmx oc Ilcpc n:x�ooa
«.1 visual o and« st-n-let«u.el alteration sale made th et
�Yua shall b • T
the event that lawfully :stingnen e«f. sip stmetuu e is
ua.. ...wu sous u auvr e b
damaged o.- destroyed i amount equal toor- voter than 50 « e«t of the
vaua uf,.. va�a
value of the � the a shell be removed, made to eenfbfm o eplaeed with
...aa.., ... ua.. �iF,i:, a.. ..ibaa oaa e ,
confer sign. u
e Lawfully existing non e«C«.. ing signs asseeiated u.:tl.
a etie «e.a:es which have been eeted f days ays omore shall be
wiwdenauul a «"��
removed.]
Sec. 26. Lawfully non-conforming signs.
a. Definition. A lawfully non-conforming sign shall be any sign
that does not comply with the requirements of Appendix A and which was in
existence prior to the effective date of the enabling ordinance, whether
Ord.2008-11 3
permitted or not by the City's Building Division. The City's Building
Division is charged with establishing a list of all such signs, and shall serve
notice by U.S. Mail and permit holders to the owners of such signs as to the
status of said signs.
b. Certificate of Lawful Non-Conformity required. A certificate of
lawful non-conformity issued by the City's Building Division shall be
required for any lawfully non-conforming sign that does not comply with the
reauirements of Appendix A and which were in existence prior to the
effective date of the enabling ordinance. After notice to the owners of such
signs in accordance with Subsection a. above, said owners shall have ninety
(90) calendar days from the date of such notice by the City to obtain a i
certificate of lawful non-conformity from the City's Building Division. The
application for a certificate should include photographs of the signs and any
construction plans that are available.
C. Conformity required. It is the intent of this Section that all
non-conforming signs for which a certificate of lawful non-conformity is
issued must be brought into compliance with the requirements of Appendix
A, and under the conditions set forth in Subsection (e) below, and owners of
such signs shall secure a permit from the City's Building Division for all
necessary work to effect said compliance.
d. Repair, appearance and alteration. Lawfully non-conforming
signs, and any part thereof, for which a certificate of lawful non-conformity
has been issued shall be kept in good repair, as to structure, electrical and
appearance components, and no structural alterations of any kind shall be
made thereto that increases the existing extent of non-conformity. A lawfully
non-conforming sign may have its message changed or be illuminated
internally or externally as long as the existing extent of non-conformity is not
increased.
e. Replacement. In the event that a lawfully non-conforming sign
or sign structure, or a substantial part of it, is damaged, destroyed, or
dismantled for any purpose (other than maintenance operations or for
changing the letters, symbols, or other matter on the sign), in an amount
more than sixty (60) percent of the cost of erecting a new sign of the same
type at the same location, the sign and any sign structure shall either be a)
replaced with a new sign conforming to the requirements of this Appendix A;
or (b) removed. A sign permit issued by the City's Building Division is
required for any repair work to be performed under this Subsection."
Section 4. Any person who shall intentionally, knowingly, recklessly, or with criminal j
negligence, violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
Ord.2008-11 4
upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall
constitute a separate offense.
Section 5. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 6. In the event any clause,phrase,provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstance shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that
it would have passed each and every part of the same notwithstanding the omission of any such part
thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 5th day of May, 2008.
PASSED, APPROVED AND ADOPTED on second and final reading this 19"h day
of May, 2008.
OmvidTIH. mith
Mayor
ATT T: s: gdi'� d0 �1dt
Del, McKenzie, TRMC o� a
City Secretary G y
�8pN318:1 �O f
ram.
r
I
Ord.2008-11 5