HomeMy WebLinkAboutOrdinance No. 2026-09 ORDINANCE NO. 2026-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING APPENDIX A "SIGNS," SECTION 1
"DEFINITIONS," SECTION 9 "PROHIBITED SIGNS," SUBSECTION A AND
SECTION 25 "NONCONFORMING SIGNS," SUBSECTION F"CONVERSION
OF EXISTING BILLBOARDS TO CHANGEABLE ELECTRONIC
VARIABLE MESSAGE SIGNS (CEVMS)" OF THE FRIENDSWOOD CITY
CODE TO UPDATE THE CEVMS REQUIREMENTS AND TO ALLOW THE
ERECTION OF CEVMS IF SPECIFIED REQUIREMENTS ARE MET;
PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO
EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE.
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WHEREAS, the City Council recognizes that changeable electronic variable message
signs ("CEVMS")provide a modern and effective means of communication; and
WHEREAS, the City seeks to balance technological advancement in signage with
aesthetic and environmental considerations by encouraging the removal of outdated or
excessive signage in exchange for CEVMS installation; and
WHEREAS,allowing CEVMS only when existing signs are removed promotes visual
clarity,reduces sign clutter,and enhances the overall appearance of commercial corridors and
public spaces; and
WHEREAS,the proposed amendment supports the use of CEVMS while maintaining
the City's commitment to orderly and attractive signage practices;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That the facts and matters set forth in the preamble of this ordinance are
hereby found to be true and correct.
Section 2. That Appendix A"Signs," Section 1 "Definitions"of the Friendswood City
Code is hereby amended to add definitions of "commercial activity" and "public space," which
definitions shall read as follows:
Appendix A
SIGNS
Sec. 1. Definitions.
The following words, terms and phrases, when used in this appendix, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Commercial activity means an activity:
(1) that is allowed only in a zoned commercial area;
(2) that is conducted in a permanent building or structure that:
(a) is permanently affixed to real property that is located within 200 feet of the
right-of-way of the regulated highway;
(b) is visible from the traffic lanes of the main-traveled way;
(c) not more than fifty percent (50%) of its square footage is used as a
residence;
(d) is open and conducting business at the site;
(e) has available to it permanent, functioning utilities for the activity; and
(f) has available to it directly related equipment, supplies, or services for the
activity.
The term does not include:
(1) agricultural, forestry, ranching, grazing, farming, and related activities, including
the operation of a temporary wayside fresh produce stand;
(2) an activity that is conducted only seasonally;
(3) the operation or maintenance of:
(a) a commercial sign;
(b) an apartment house or residential condominium;
(c) a public or private school, other than a trade school or corporate training
campus;
(d) a cemetery; or
(e) a place that is primarily used for worship;
(4) an activity that is conducted on a railroad right-of-way; or
(5) an activity that is created primarily or exclusively to qualify an area as a commercial
area.
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Public space means publicly owned land that is designated by a governmental entity as a
park,forest,playground, scenic area,recreation area,wildlife or waterfowl refuge,or historic site.
Section 3. That Appendix A "Signs," Section 9 "Prohibited signs," Subsection a of
the Friendswood City Code is hereby amended to read as follows:
Appendix A
SIGNS
Sec. 9. Prohibited signs.
Signs of the following nature are expressly prohibited unless specifically authorized by
this appendix:
a. Billboards, including, but not limited to, new off-premises, changeable electronic
variable message signs (CEVMS). Exception: an existing billboard may be converted to
a CEVMS,provided that it meets the requirements in section 25.f.
Section 4. That Appendix A "Signs," Section 25 "Nonconforming signs," Subsection
f"Conversion of existing billboards to changeable electronic variable message signs(CEVMS)"
of the Friendswood City Code is hereby amended to read as follows:
Appendix A
SIGNS
Sec. 25. Nonconforming signs.
is Conversion of existing billboards to changeable electronic variable message signs
(CEVMS).
(1) Generally; exception. The overall size, height, location, and number of support
poles used to support the sign structure of the existing billboard shall not be
altered unless:
(a) The CEVMS is permitted by the state department of transportation;
(b) The CEVMS replaces an existing lawfully nonconforming sign at a one-
to-one ratio;
(c) The CEVMS does not have a sign area larger or sign height taller than the
lawfully nonconforming sign it is replacing;
(d) The CEVMS is relocated to a site on the same street and on the same side
of the street and within 1,750 feet of the site of the existing lawfully
nonconforming sign which is to be replaced;
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(e) The CEVMS remains in a commercial zoning district within 800 feet of a
recognized commercial activity and is on the same side of the street as such
business activity;
(f) The CEVMS is not located within 1,000 feet of the nearest point of the
boundary of a public space, as measured along the right-of-way line from
the nearest common point of the space's boundary and the right-of-way;
(g) The CEVMS is not located within 1,500 feet of another off-premises sign
on the same side of the right-of-way,measured at points along the right-of-
way perpendicular to the center of the signs; and
(h) The CEVMS complies with all applicable laws.
(2) Distance from a residential dwelling unit. The site of the CEVMS is set back a
radial distance of at least 200 feet from a residential dwelling unit.
(3) Electrical service. Electrical service to the sign must be underground from the
property line to the sign.
(3) Dwell time. Each message on an electronic sign shall be displayed for at least
eight seconds, and a change of message shall be accomplished within two
seconds.
(4) Message change. A change of message must occur simultaneously on the entire
sign face.
(5) Static messages. The CEVMS shall contain static messages only, and not have
animation, movement, or the appearance or optical illusion of movement. No
flashing, dimming, or brightening of the static message is permitted except to
accommodate changes of messages.
(6) Dimmer. The CEVMS shall be equipped with an automatic dimming photocell,
which automatically adjusts the display's brightness based on ambient light
conditions.
(7) Brightness level. The CEVMS may not display light of such intensity or brilliance
to cause glare or otherwise impair the vision of a driver or result in a nuisance to
the driver and is subject to all existing, restrictions on light, intensity, brilliance,
or glare contained in the land development code and the code. Illumination shall
not exceed 0.3 foot-candles over ambient lighting conditions when measured at
50 feet in any direction from a CEVMS. Prior to the issuance of a permit for the
CEVMS, the applicant shall provide written certification from the sign
manufacturer that the light intensity that has been factory preset does not exceed
the brightness specified herein and that the intensity level is protected from end-
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user manipulation by password-protected software or other method as deemed
appropriate by the sign administrator.
(8) No audio. Audio emissions from CEVMS shall be prohibited.
(9) Malfunction. CEVMS sign operators must respond to a malfunction or safety
issue within one hour after notification and must remedy that malfunction or
safety issue within 12 hours after notification. In case of a sign malfunction, the
digital display must immediately freeze until the malfunction is remedied.
(10) Display of emergency information. The city may exercise its police powers to
protect public health, safety, and welfare by requiring emergency information to
be displayed on digital display signs. Upon notification, the sign operators shall
display amber alerts; silver alerts; information regarding terrorist attacks; natural
disasters; emergency public health, safety,and welfare announcements;and other
emergency situations in appropriate sign rotations. Emergency information
messages must remain in rotation according to the issuing agency's protocols.
(11) Public service announcements. Companies shall permit the city to place one
public service announcement on each of the digital billboards for up to the
equivalent time of an eight-week period for each year; provided, however, that
such public service announcements shall consist of one slot of at least eight
seconds in the standard rotation utilized by the advertising company on the
applicable digital billboards.
(a) Public service announcements shall be limited to city-sponsored event
announcements and non-emergency city-related public health, safety, and
welfare announcements. The city shall be responsible for:
(i) Providing the company with its public service announcements,
which may be updated by the city at any time; and
(ii) Any costs associated with providing the company with the artwork
in an acceptable format.
(b) The public service announcements must be submitted to the company at
least five (5) business days before the proposed display date. Content of
public service announcements shall be determined in the sole discretion of
the city. In addition:
(i) The company shall provide use of the advertising space on the
digital billboards, as reasonably necessary for non-emergency
public service announcements; and
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(ii) The company and city will work cooperatively and in good faith
for the city to place additional city-related public service
announcements on a space availability basis.
(12) Contact information. The sign owner shall provide to the department contact
information for a person who is available to be contacted at any time, and who is
able to turn off the electronic sign promptly after a malfunction occurs.
(13) Glare. If the city finds that an electronic sign causes glare or otherwise impairs
the vision of the driver of a motor vehicle or otherwise interferes with the
operation of a motor vehicle, the owner of the sign, within 12 hours of a request
by the city, shall reduce the intensity of the sign to an acceptable level.
(14) Permits.
(a) Permits required. The sign owner or its designated contractor shall obtain
a sign permit and all other required permits necessary to comply with
adopted codes, including the building and electrical codes.
(b) Application. In the application for a CEVMS, the applicant shall provide
the information in section 2.c as well as the following:
(i) the demolition permit number for existing billboard used to meet
this required one-to-one ratio;
(ii) a certificate of compliance signed by the applicant, in which the
applicant warrants that the applicant is in full compliance with this
appendix and the code;
(iii) the contact information for a person who is available to be contacted
at any time who is able to turn off the electronic sign promptly if a
malfunction occurs or is able to accommodate notifications for
emergencies and public service announcements;and
(iv) Additional information the sign administrator considers necessary
for the issuance of a sign permit.
(c) Permit issuance. A permit for a CEVMS will only be issued after the
removal of an existing legal nonconforming billboard.
Section 5. A violation of this ordinance is subject to the penalty provisions contained
in Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who
shall intentionally, knowingly, recklessly, or with criminal negligence fail to comply with any
provision of this ordinance shall be deemed guilty of a misdemeanor and,upon conviction thereof,
shall be fined in an amount not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00).
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Each act of violation and each day upon which any such violation shall occur shall constitute a
separate offense.
Section 6. That all ordinances or parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repealed.
Section 7. In the event any section, paragraph, subdivision, 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,
or whether there be one or more parts.
Section 8. The City Secretary shall give notice of the enactment of this ordinance by
promptly publishing the caption of this ordinance after final passage in the official newspaper of
the City.
Section 9. This ordinance shall take effect ten(10) days from and after its passage on
second and final reading by the City Council of the City of Friendswood,Texas,and its publication
in the official newspaper of the City.
INTRODUCED,READ AND PASSED on first reading by the affirmative vote of the City
Council of the City of Friendswood on this the 2nd day of February, 2026.
LA Ai
M E F• •N, Mayor
ATTEST:
' A OF FRIEI�OS
/ (AMNI /RAQ E ARTINEZ, City Sec u k `o
01614
APPROVED AS TO FORM: 1
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TE O F
KAREN L. HORNER,City Attorney
INTRODUCED, READ AND PASSED on second and final reading by the affirmative
vote of the City Council of the City of Friendswood on this the 2nd day of March, 2026.
Ii i , . �.
E FO' • N, Mayor
ATTEST:
0-zfE OSGL
RAQ E ARTINEZ, City Sec ary ' °" O
c
APPROVED AS TO FORM: • �, A. co
KAREN L. HORNER, City Attorney
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