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HomeMy WebLinkAboutOrdinance No. 2014-22 (Title: An ordinance adopting revisions to City Code, Appendix A "Signs," Section 15., "Temporary Signs," Subsection 15.3. "Temporary Direction Signs.") ORDINANCE NO. 2014-22 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX A — "SIGNS," SECTION 15., "TEMPORARY SIGNS," SUBSECTION 15.3., "TEMPORARY DIRECTION SIGNS" BY REVISING, ADDING AND UPDATING REGULATORY REQUIREMENTS FOR TEMPORARY DIRECTION SIGNS; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE PROVIDED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Friendswood is continually reviewing the provisions of the City Code of Ordinances, specifically including Appendix A of the Friendswood City Code, ("Sign Ordinance") relating to sign regulation and other circrunstances which generally impact the health, safety and well-being of residents, citizens and inhabitants; and WHEREAS, the City Council has studied the present provisions of the Sign Ordinance and has determined the need to revise, add, and update the regulations and permitting procedures for Temporary Direction Signs, as hereinafter referenced; and WHEREAS, the City Council of the City of Friendswood has received input from staff and has provided direction in recommending the amendments referenced hereafter; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. FINDINGS OF FACT. That the facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX A, "SIGNS", SECTION 15., "TEMPORARY SIGNS," SUBSECTION 15.3., "TEMPORARY DIRECTION SIGNS". The City Code of Friendswood, Appendix A, "Signs," Section 15, "Temporary Signs," Subsection 15.3., "Temporary Direction Signs," is hereby amended and revised as follows: "See. 15. Temporary signs. Sec. 15.1. Temporary signs�—Generally. a. In lieu of using a portable sign to advertise a grand opening as authorized by subsection 14.a. above, one temporary sign not exceeding 32 square feet in sign area may be displayed by a new business to give notice of its grand opening for a period not to exceed 14 consecutive days. b. In lieu of using a portable sign as authorized by subsection 14.b. above, one temporary sign not exceeding 32 square feet in sign area may be displayed on nonresidential property for 21 days during each calendar year; provided, however, use of such temporary sign shall be in increments of not less than seven consecutive days. C. Contractors may place a sign on property where actual construction (landscaping,roofing,pool, etc.) is taking place. Such sign may be placed on such property for the duration of construction plus ten days, shall not exceed six square feet in sign area, and shall not exceed seven feet in height above the natural ground level.No permit is required for such signs. Ord 2014-22 2 d. Except as otherwise provided, a permit shall be required for any temporary sign authorized in this section, such permits shall be granted for a period not to exceed 24 months, and at the expiration of the permit period all such temporary signs shall be removed unless a new permit is obtained. e. Temporary signs shall be placed no closer than three feet from the edge of the property and/or any sidewalk, in no case shall the temporary sign be placed in a state or city right-of-way or street median. f. Temporary signs shall not exceed seven feet in height above the natural ground level. Sec. 15.2. Temporary real estate subdivision signs. a. Subdivision entrance signs. (1) Allowed: Up to two temporary real estate subdivision signs may be allowed at each entrance. (2) Location: At the main entrance of any new residential subdivision or other residential development, and/or at secondary entrances to such subdivision or development. (3) Size: Each sign not to exceed 50 square feet in sign area. (4) Removal: Such temporary real estate subdivision signs shall be removed 24 months from the date the permit is issued or when 80 percent of the lots in the subdivision have been sold to homebuyers,whichever occurs first. (5) Permits: Required. b. Single-family units. (1) Allowed: One temporary sign allowed for each single-family dwelling unit or lot in order to give information concerning leasing, renting, or selling of a single-family unit or lot. (2) Location: Such temporary sign may be located anywhere on the premises except as restricted by the zoning ordinance, provided that such sign may not project beyond the property line and is only for the property upon which such sign is erected. (3) Size: Each temporary sign not exceeding six square feet in sign area. (4) Removal: Single-family residence signs shall be removed within ten days of the unit or lot being leased, rented or sold. (5) Permits:Not required. Ord 2014-22 3 C. Model homes. (1) Allon,ed.• One monument sign for each model home or model home park for each separate home building company located in the subdivision which is used or designated as a sales office and/or model home. (2) Location: See subsection 15.1.e. (3) Size: Not to exceed 16 square feet in sign area. (4) Removal: [Signs] must be removed within ten days after the time that the model home or model home park is ceases to be used as a sales office or model home for the subdivision. (5) Permits: Required. d. Multifamily units. (1) Allon ed: Two temporary signs shall be allowed for each complex in order to give information concerning leasing, renting, selling, or financing of the unit on the property upon which such sign is erected. (2) Location: On the property where each complex is located. (3) Size: Not to exceed six square feet in sign area. (4) Removal: [Signs] must be removed within ten days after the time that the leasing, renting, selling or financing of all the units in each complex occurs. (5) Permits.-Not required. e. Vacant acreage. (1) Allor-ved: One temporary sign may be allowed for each street frontage advertising vacant acreage in order to give information concerning selling, leasing, or renting of the property. (2) Location: See subsection 15.Le. (3) Size: For vacant tracts of two acres or less, such sign shall not exceed 16 square feet in sign area; for vacant tracts of greater than two acres, such sign shall not exceed 32 square feet in sign area. (4) Removal: [Signs] must be removed within ten days after the time that the acreage is [has] been sold, leased or rented. (5) Permits: Required. f Temporary signs for new integrated business developments, shopping centers, office parks, and business parks. Ord 2014-22 4 (1) Allowed.• One temporary sign for each street frontage of any new integrated business development, shopping center, office park, or business park in order to give information concerning leasing, renting, construction, financing or selling of such property upon which such sign is erected. (2) Location: May be located at the entrance for the development. (3) Size: The sign area for such temporary sign shall not exceed 32 square feet. (4) Removal: [Signs] must be removed be removed no later than 24 months after the date the permit is issued. (5) Permits: Required. Sec. 15.3. Temporary direction signs. a. Allowed: Temporary signs that direct the public to a special event of civic interest, such as parades, organized holiday festivities, or other special events which are conducted by and benefit charitable or nonprofit organizations. A maximum of RUlup to two temporary direction signs are allowed per lot. b. Size: Such signs shall not exceed 32 square feet in area. C. Location: Signs may be placed on private property with the permission of the property owner. See subsection 15.Le. d. Removal: Such signs are erected only for a time period not to exceed ten days before and two days after the event. e. Permits: Not required under the following conditions[.1:[£aeh «plieatie,. for a permit u this section shall eon4ain an a�ffldav eerN fft4] The event [is-beind must be conducted by a charitable or nonprofit [sueh] organization, [that]all proceeds derived from such event will be used to further the purpose of[such] said organization, and that the management and supervision of such event will be under the total control [thapplicant] of said organization.. If all of the above conditions are not met, a permit shall be required. The City shall make contact with event organizers when necessary to confirm that the event in question is charitable and/or nonprofit consistent with the conditions herein. Sec. 15.4. Temporary political signs. a. Political signs on private property. Ord 2014-22 5 (1) Allowed: On private property with the permission of the property owner. Political signs may not be illuminated or have moving parts. (2) Location: See subsection 15.1.e. (3) Size:No such sign shall exceed 36 square feet in sign area or be higher than eight feet from ground level. (4) Removal: All such signs shall be removed per state regulations on political signage. (5) Permits: Not required. b. Political signs on public property. (1) Removal: All such signs shall be removed from public property within 24 hours following the election date on which the office or proposition is finally determined in accordance with the Texas Election Code; signs outside a polling place not meeting this criteria can be removed by city officials. (2) Permits: Not required. Sec. 15.5. Garage sale signs. a. Allowed: Up to four signs can be posted no more than 24 hours before the sale begins. b. Location: Signs may be placed on private property with the permission of the property owner; no sign shall be placed on public property or in the city rights-of-way. See also subsection 15.Le. C. Size: Each sign shall not exceed six square feet in sign area. d. Removal.• Signs must be removed on the last day of the sale by day's end. e. Permits: Not required. Sec. 15.6 Open house signs. a. Allowed up to four signs for each open house. Once an open house has been held on a property, open house signs shall not be placed on the same property before the expiration of five days from the removal of the signs for the previous open house. b. Location: Signs may be placed on private property with the permission of the property owner; no sign shall be placed on public property or in the city rights-of-way. See also subsection 15.Le. C. Size: Each sign shall not exceed six square feet in sign area. d. Removal: Signs must be removed at the close of the open house. C. Permits: Not required. Ord 2014-22 6 Sec. 15.7. Temporary street banner signs. a. Allowed.• Charitable and nonprofit organizations are allowed one sign constructed of porous material of at least 80 percent cotton mesh with tie- down ropes on each corner. b. Location: Banners must be erected in front of Stevenson Park and extend across Friendswood Drive to the designated poles provided by Texas New Mexico Power. C. Size: Each sign shall not exceed 25 feet in width and no more than four feet in height. d. Removal: Signs must be removed at the end of seven consecutive days following their erection.No banners shall be permitted during the periods before and during elections when city "vote" banners are in place. e. Permits: Required by both the city and Texas Department of Transportation. In addition, a completed license agreement to place a banner on a public street right-of-way shall be submitted with the permit application with an original certificate of insurance issued by a company authorized to do business in the State of Texas naming the City of Friendswood as an additionally insured, in amounts of not less than the following: (1) Bodily injury per person, $250,000.00; (2) Per occurrence, $500,000.00; (3) Property damage, $100,000.00. Complete applications must be received 60 days in advance of the advertised event." (Ord No. 2005-08, §11, 3-21-2005) Sees. 16-20. Reserved Section 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE. This Ordinance is hereby incorporated and made a part of the Friendswood City Code of Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as otherwise provided by law. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance related to land use shall be deemed guilty of a Ord 2014-22 7 misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 4. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 5. SEVERABILITY. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances 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. Section 6. NOTICE. The City Secretary shall give notice of the enactment of this Ordinance by promptly publishing it or its descriptive caption and penalty after final passage in the official newspaper of the City;the Ordinance to take effect upon publication. PASSED AND APPROVED on first reading this 4th day of August, 2014. PASSED,APPROVED, and ADOPTED on second and final reading this 8'h day of September,2014. Kevin MJ\ 11and Mayor Ord 2014-22 8 ATTEST: Melinda Welsh, TRMC .-�\y CC ENI)o City Secretary ° co ." °° Sid. Ord 2014-22 9