HomeMy WebLinkAboutOrdinance No. 2017-22 (Title: An ordinance amending Appendix A of the Code of Ordinances of the City of
Friendswood to allow existing billboards to convert to CVEMS signs.)
ORDINANCE NO. 2017-22
AN ORDINANCE AMENDING APPENDIX A OF THE
CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, BEING THE CITY'S SIGN
ORDINANCE, BY AMENDING VARIOUS SECTIONS
THEREIN; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City seeks to update its sign ordinance by authorizing amendments to
the Sign Ordinance to allow for existing billboards to be converted to Changeable Electronic
Variable Message Signs (CEVMS);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. AMENDMENT TO THE FRIENDSWOOD CITY CODE,
APPENDIX A, "SIGNS", SECTION 9, "PROHIBITED SIGNS," ADOPTING THE
REVISED AND UPDATED SUBSECTIONS.
The City of Friendswood Code of Ordinances, Appendix A "Signs", Section 9, "Prohibited
Signs,"is hereby amended to read as follows:
Appendix A
Sign Ordinance
Section 9. Prohibited Signs.
Signs of the following nature are expressly prohibited unless specifically authorized by this
ordinance [appendix]:
a. Billboards, including but not limited to, new off-premises CEVMSs ^r the eeiwer-sien e
existing nen CEVNIS eff premises signs te CENIMSs, and any other- signs pefmit4e-d by 43
.Exception: existing billboards may be converted to CEVMSs provided
that they meet the requirements in Section 261.
b. Signs that contain statements, words, or pictures of an obscene, indecent, or immoral
character as will offend public morals or decency.
c. Obsolete signs.
d. Animated signs.
e. Signs that contain or have attached thereto banners, posters, pennants; ribbons, streamers,
strings of light bulbs, spinners, flash tags or other similar devices.
f. Signs attached to exposed amenities such as benches or trash containers.
g. Any stereopticon or motion picture machine used in conjunction with or attached to any sign
in such a manner as to permit the images projected therefrom to be visible from any public
street or sidewalk.
h. Snipe signs.
i. Signs placed on the side or rear of any building or property when such sign faces upon a
contiguous residential area.
j. Signs placed on private property without the consent of the owner of the property.
k. Flashing signs.
1. Ground signs, except monument signs.
Section 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE,
APPENDIX A, "SIGNS", SECTION 26, "LAWFULLY NONCONFORMING SIGNS,"
ADOPTING THE REVISED AND UPDATED SUBSECTIONS.
The City of Friendswood Code of Ordinances, Appendix A "Signs", Section 9, "Prohibited
Signs," is hereby amended to read as follows:
Appendix A
Sign Ordinance
Sec. 26 Lawfully Nonconforming Signs
a. Definition. A lawfully nonconforming 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
Ord 2017-22 2
enabling ordinance, whether 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 nonconformity required. A certificate of lawful nonconformity issued by
the city's building division shall be required for any lawfully nonconforming sign that does not
comply with the requirements 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 90 calendar days from the date of such notice by the
city to obtain a certificate of lawful nonconformity 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 nonconforming signs for which a
certificate of lawful nonconformity 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 nonconforming signs, and any part thereof, for
which a certificate of lawful nonconformity 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 nonconformity. A lawfully nonconforming sign
may have its message changed or be illuminated internally or externally as long as the existing
extent of nonconformity is not increased.
e. Replacement. In the event that a lawfully nonconforming 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 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
Ord 2017-22 3
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.
f. Conversion of existing billboards to CEVMS.
1) The overall size height location and number of support poles used to support the sign
structure of the existing billboard shall not be altered.
2) Electrical service to the sign must be underground from the property line to the sign
3) Each message on an electronic sign shall be displayed for at least eight(8) seconds and
a change of message shall be accomplished within two (2) seconds.
4 A change of message must occur simultaneously on the entire sign face.
5) No flashing dimming, or brightening_ of message is permitted except to accommodate
changes of messages.
6) Malfunction. CEVMS sin operators must respond to a malfunction or safety. issue
within one hour after notification and must remedy that malfunction or safe 1y issue
within 12 hours after notification. In case of a sign malfunction the digital displa y must
freeze until the malfunction is remedied.
7) Display o EmeMencynformation. The City 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 and other
emergency situations in appropriate sign rotations. Emergency information messages
must remain in rotation according to the issuing_agency's protocols.
8) Public service announcements. Company shall permit Cites place one public service
announcement on each of the digital billboards for up to the equivalent time of 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.
Ord 2017-22 4
a. Public service announcements shall be limited to City-sponsored event
announcements and City-related public health, safety and welfare
announcements. . City shall be responsible for:
1. Providing company with its public service announcements, which may be
updated by Qijy at any time; and
2. Any costs associated with providing company with the artwork in
acceptable format.
b. The public service announcements must be submitted to the company at least
five business days before the proposed display date. Content of public service
announcements shall be determined in the sole discretion of the City. In
addition:
1. Company shall provide use of the advertising space on the digital
billboards, as reasonably necessary for emergency broadcasts, amber alerts
and silver alerts; and
2. Company and City will work cooperatively and in good faith for Cit�to
place additional City-related public service announcements, on a space
availabili . basis.
9) 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.
10) 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.
11) The sign owner or its designated contractor shall obtain permits and comply with
adopted codes, including building and electrical codes.
Section 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
Ord 2017-22 5
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 shall be deemed guilty of a 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. An owner may take advantage of the changes to the
buffering requirements without the need to provide a revised site plan, by requesting an
appropriate permit, if the requested change is limited solely to,the buffering requirements made
on the basis of this Ordinance.
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 7th day of August,2017.
PASSED, APPROVED, and ADOPTED on second and final reading this 11th day of
September,2017.
Ord 2017-22 6
S�
Kevin M. Holl
Mayor
ATTEST:
O •
Melinda Welsh, TRMC
City Secretary
.• FOFTE,.•
Ord 2017-22 7