HomeMy WebLinkAboutOrdinance No. 81-27 . . � . . . ��; `C�C'�- �' �
ORDINAI�CE N0. �� � r
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE N0. 291, AS AMENDED, PASSED AND APPROVED
NOVEMBER 7, 1977 , AND KNOWN AS THE ZONING ORDINANCE,
BY STRIKING THEREFROM ALL OF SUBPARAGRAPHS 11 AND
12 OF PARAGRAPH A OF SUBSECTION 6 OF SECTION 8 AND
SUBSTITUTING THEREFOR NEW SUBPARAGRAPHS 11 AND 12
AND ADDING THERETO NEW SUBPARAGRAPHS 25 AND 26, BY
STRIKING THEREFROM ALL OF SUBPARAGRAPH 1 OF PARA-
GRAPH Z OF SUBSECTION 6 OF SECTION 8 AND SUBSTI-
TUTING THEREFOR A NEW SUBPARAGRAPH 1, BY STRIKING
THEREFROM ALL OF PARAGRAPHS N, 0 AND S OF SUBSEC-
TION 6 OF SECTION 8 AND 5UBSTITUTING THEREFOR NEW
PARAGR.APHS N, 0 AND S, AND BY ADDING TO PARAGR.APH Z
OF SUBSECTION 6 OF SECTION 8 NEW SUBPARAGRAPHS 14
AND 15; PROVIDING DEFIN"tTI0N5 FOK "TEMPORARY SIGNS,"
"PORTABLE SIGNS," "NEW BUSINESS," AI1D "GRAND OPENING" ;
PROVIDING IT UNLAWFUL TO ERECT, STRUCTURALLY ALTER,
OR RELOCATE ANY TEMPORARY 5IGN OR PORTABLE SIGN WITH-
IN THE CITY; PROVIDING EXCEPTIONS FOR NON-RESIDENTIAL
PROPERTIES TO ALLOW USE OF CERTAIN TEMPORARY 5IGNS
AND PORTABLE SIGNS FOR A PERIOD NOT TO EXCEED TWENTY-
ONE (21) DAYS IN ANY ONE CALENDAR YEAR; PROVIDING
EXCEPTIONS FOR THE USE OF CERTAIN TEMPORARY SIGNS
AND PORTABLE SIGNS FOR GRAND OPENINGS OF NEW BUSINESSES
FOR A PERIOD NOT TO EXCEED FOURTEEN (14) DAYS; PRO-
VIDING CERTAIN REGULATIONS FOR THE USE OF TEMPORARY
SIGNS FOR POLITICAL PURPOSES; PROVIDING FOR EXCEPTIONS
FOR SIGNS ON MOTOR VEHICLES; PROVIDING FOR THE OB-
TAINING OF PERMITS; MAKING CERTAIN FINDINGS AND
PROVISIONS RELATING TO SUBSECTION 6 OF SECTION 8
IN ITS ENTIRETY; PROVIDING OTHER MATTERS RELATED TO
THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT
TO EXCEED TWO HUNDRED DOLLARS FOR EACH DAY OF VIO-
LATION; AND PROVIDING FOR SEVERABILITY.
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WHEREAS, on January 22, 1977 , the City Council finally
adopted Ordinance No. 323, which ordinance amended Ordinance
No. 291, the Zoning Ordinance of the City; and
WHEREAS, said Ordinance No. 323 provides rules and regu-
lations governing the use of signs within the corporate bounda-
ries of the City; and
.
WHEREAS, the City Council hereby finds and determines that
the unregulated construction of signs can present structural
hazards which threaten the health, safety and welfare of the
citizens o£ Friendswood; and
WHEREAS , the City Council hereby finds and determines that
the unregulated placement of signs can present impediments and
dangers to vehicular and pedestrian traffic along city thorough-
fares and easements ; and
. , . , _ .
WHEREAS, the City Council hereby finds and determines
that the construction and use of signs which direct atten-
tion to a business , commodity, service or entertainment con-
ducted, sold or offered elsewhere than on the premises where
such sign appears leads to the dimunition of property values
for adjacent properties and thereby adversely impacts the
taxable value of such affected property; and
WHEREAS, the City Council hereby finds and determines
that the construction and use of signs which direct atten-
tion to a business, commodity, service or entertainment con-
r
ducted, sold or offered elsewhere than on the premises where
such sign appears causes increased risk of distraction and
danger to citizens driving and walking on thoroughfares and
easements due to the present high volume of traffic on the
City' s thoroughfares; and �
WHEREAS, the City Council hereby finds and determines
that the unlimited and unregulated use of temporary signs
and portable signs , as those terms are defined in said Ordi-
nance No. 291, as amended, presents special traffic hazards
when towed in public streets or displayed on or in close
proximity of public rights-of-way or areas accessible to the
general public and present dangers to the health and safety
of the citizens of the City because of their propensity to be
blown about; and
WHEREAS, Texas Revised Civil Statutes Annotated, Article
1175-24, specifically enumerates as one of the powers possessed
by the City of Friendswood� Texas , the authority to license,
regulate, control, or prohibit the erection of signs or bill-
boards; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
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Section 1, The facts and recitals set forth in the pre�
amble of this Ordinance are hereby found to be true and correct.
Section 2. Ordinance No. 291, as amended, originally
passed and approved November 7, 1977, and known as the Zoning
Ordinance of the City, is hereby amended by striking all of
Subparagraphs 11 and 12 of Paragraph A of Subsection 6 of
Secti�n 8 which provide as follows:
("11. Temporary Sign - Any sign constructed or
painted on cloth, canvass, light fabric, card-
board, wallboard, or other material with short
life expectancies , or any other sign designated
for temporary use.
("12. Portable Sign - Any moveable sign not �
secured or atta�hed to an approved structure �
support of anchor. ") �
and substituting therefor the following:
"11. Temporar Si - An si n constructed of
clot canvass li ht abric car oard wall-
oar3 - or ot er li ht materia s with short i e
expectancies . A porta e si�n s a not e con-
sidered a temporary sign.
"12. Portable Si n - An si n desi ned or con-
structe to e easi y move rom one ocation to
another includin si ns mounted u on or desi ned
to e mounte u on a trai er w ee e carrier, or
other non-motorize mo i e structure. A orta e
si n whic as its w ee s remove s a sti e
consi ere a portab e sign ereun er.
Section 3. Paragraph A of Subsection 6 of Section 8 of
said Ordinance No. 291 , as amended, is hereby amended by adding
to said Paragraph A new subparagraphs 25 and 26 to provide as
follows :
"25. New Business - A ro'ect or undertakin which
invo ves t e use o any Property, ui in�, or
structure, ermanent or tem orar or t e rimar
ur ose o con uctin in sai ui in or struc-
ture or on sai ro ert a e itimate co�nercia �
enter rise, or ot er non-resi entia use �:n com--.
iance wit a or nances an re u ations o
t e it o r en swoo and when the rimar use
o sai ro ert ui in or sCructure at such
eo ra xca ocation as not existed or a eriod
excee in sixt a s . or t e u oses o t ' s
su section e ansion o an exi.stin ui in or
structure s a not const tute a new usiness un ess �
suc e ansion ncreases t e size o the area devoted
to t e rimar use n ui in loor s uare oota e
not ess t an i t ercent Oo .
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"26 Grand Opening - The formal offering by a
new business of its goo s , wares , merchana�se,
service, entertainment , or activity.
Section 4. Paragraph I of Subsection 6 of Sec�ion 8 of
said Ordinance No. 291, as amended, is hereby amended by striking
all of Subparagraph 1 of said Paragraph I, which provides as
follows :
("1. Signs which do not pertain to a commercial use
on site. ")
and substituting therefor a new Subparagraph 1 to provide as
follows : -
"1. Billboards ."
Section 5 . Paragraph N of Subsection 6 of Section 8 of
said Ordinance No. 291, as amended, is hereby amended by striking
a11 of said Paragraph N which provides as follows :
("N. Portable Signs
("1. It shall be unlawful for any person to erect,
structurally alter, or relocate within the City any
portable sign.
("2. Exception
("(aa) A portable sign may be used by a new
business for its grand opening for a
period not to exceed two weeks . Such
portable sign' must be located within
one thousand (1,000) feet from the site
of the business .
("(bb) Portable signs may, in addition to a
grand opening, be displayed for a period
not to exceed three weeks in any one
calendar year.
("(cc) A permit shall be ob�ained prior to in-
stallation of a portable sign.")
and substituting therefor the following:
"N. Portable Signs .
��
'"1. Zt shall be unlawful for any person to erect,
structurall� alter, or relocate within the
• City any portable si�n.
"2. Exceptions
. "(aa) One portable sign, not exceedin� thirty-
two (32) square feet in si�n area, maY
be disnlayed bv a new business to �ive
notice of its Qrand opening for a period
not to exceed fourteen (14) consecutive
aa S.
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" (bb) One ortable si n, not exceedin thirt -
two s uare eet in si n area, ma
e is�laye on non-residential ro erty,
in�a dition �o t at al�.owe or rand
o enin s , or twent -one da s durin
eac ca en ar ear; rovi e owever,
use of such ortable si ns sha 1 e in
increments o seven 7 consecutive ays .
" (cc) A ermit shall be obtained rior to in-
sta ation an isp a o a orta e si n,
an� use o a porta e sign shall co� �
wit ara ra s , c, d, e, , , , i,
,Z, , , m an x o t is su section.
Section 6. Paragraph 0 of Subsection 6 of Section 8 of
said Ordinance No. 291, as amended, is hereby amended by striking
all of said Paragraph 0, which provides as follows :
("0. Temporary Signs
<
"1. Temporary signs �are permitted provided that
said temporary signs sha11 not be displayed
for more �han three (3) weeks in any one
calendar year.
"2. Pennants , banners , spinners , and other
similar temporary devices or signs shall
be prohibited.
"3 . A permit for any temporary sign shall be ob-
tained from the Building Tnspector prior to
installation of any such sign.
"4. Nothing contained herein shall be construed
to prohibit the display of the flag of the
United States , State of Texas , or any other
political subdivision, or any flag or banner
of a bonafied religious or fraternal organiza-
tion. ")
and substituting therefor the following:
"0. Temporary Signs .
"l. Unless otherwise s ecificall authorized in
t is su section, it s a e �un aw u or an
�erson to erect, stru�tura y alter, or re-
ocate a temporary sign within the City.
"2. Exceptions .
" (aa) One tem orar si n, not exceedi,n thirt -
two s uare eet in si n area, ma e
isp�e _ b� a new business to�ve notice
�its ran o enin or a erio not to
excee ourteen consecutive ays .
" (bb) One tem orar si n, not exceedin thirt -
two s uare eet in si n area, ma
e isp �e on non-resi entia property, in
�aition to tFiat allowe or a gran opening,
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for twent -one (21) da s durin each calen-
ar ear; rovided however, use o such
tem orar si ns sha 1 e in increments
o seven consecutive ays.
" (cc) Pennants , banners , s inners , and other
similar tem orar evices or si ns shall
e pro i ite .
" (dd) A ermit shall be obtained rior to in-
sta ation an isp ay o any temporary
sign, an use o a tem�orar�si n shall
com 1 wit ara ra -� b, c , d, e, , ,
, i, j , , 1, m and x o t is su section. "
Section 7. Paragraph S of Subsection 6 of Section 8 of
said Ordinance No. 291, as amended, is hereby amended by striking
all of said Paragraph S. which provides as follows :
("S. Temporary Political Signs - Temporary political
signs are permitted provid�ed that :
"1. No political sign sha11 be posted more
than thirty (30) days preceding the date
of the election to which the sign pertains .
"2 . All such signs shall be removed within
seven (7) days following the date of the
election to which the sign pertains .
"3. No such sign sha�1 be more than twenty (20)
square feet in sign area.
"4. No permit shall be required for the erection
of a temporary political sign.
_ "5 . Such temporary political sign shall otherwise
comply with all provisions of this Ordinance.")
and substituting therefor the following:
"S. Tem orar Political Si ns - Tem orar olitical
signs are permitte provi e that :
"1. All such si ns shall be removed within
twenty-one ays o owing t e e ection
date on which the office or ro osition is
ina etermine in accor ance wit t e
Texas E ection Co e.
"2 . No such sign shall exceed twenty (20) square
.eet in sign area. .
"3 . No ermit shall be reguired for the erection
o a temporary political sign.
"4. Such temporary olitical sign shall other-
wise comply wi�ll provisions o�t�iis
��inance.
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� Section 8. Paragraph Z of Subsection 6 of Section 8 of
said Ordinance No. 291, as amended, is hereby amended by
adding to said Paragraph Z new subparagraphs 14 and 15 to pro-
vide as followss
"14. Signs on motor vehicles , as such term "motor
vehicle" is defined in Article 6701d, Texas
Revised Civil Statutes, as amended, when the
primary use of such motor vehicle is the �
transportation of persons or property. A
motor vehicle, or any part thereof, parked
or stored with one or more signs displayed
thereon, whicfi is not used on a regular basis
for the transportation of persons or property
but is used as a substitute sign structure
shall not constitute an exception under this
subparagraph.
"15. Flags of the United States, State of Texas �
or any other political �subdivision, or any
flag or banner of a bonafide religious ,
fraternal or charitable organization."
Section 9. Severability.
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
any court of competent jurisdiction, it shall not affect, impair,
nor invalidate this Ordinance as a whole or any part or provision
hereof other than the part so declared to be invalid or uncon-
stitutional; and the City Council of the City of Friendswood,
Texas , declare� that it would have passed each and every part
the same notwithstanding the omission of any such part so
declared to be invalid or unconstitutional , or whether there
be one or more parts.
PASSED AND APPROVED on first reading this�� day of
��P��'��.�<_/��,� i , 1981. -.
PASSED AND APPROVED on second reading this � day of
� c--� , 198�,
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S
PASSED, APPROVED AND ADOPTED on third and final reading
this � day of ; _ �_z�l f�. __, 198�:
,
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ayor
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♦ .J, . • e _ _ •
ATTEST:
��-G%�"`� �
City Secretary .
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