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HomeMy WebLinkAboutOrdinance No. 2019-20 (Title: An ordinance amending Appendix A,Signs, "Section 9. Prohibited Signs" to prohibit LED and similar storefront lights in the Downtown District boundary.) ORDINANCE NO.2019-20 AN ORDINANCE AMENDING APPENDIX A, SIGNS, "SECTION 9. PROHIBITED SIGNS" TO PROHIBIT LED STOREFRONT LIGHTS IN THE DOWNTOWN DISTRICT BOUNDARY; 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, ("Signs") regulating the placement of signs and advertisement throughout the City, and; WHEREAS, City Council wished to maintain a higher level of quality and design for storefronts and streetscapes in the Downtown District boundary; and WHEREAS, the City Council wishes to prohibit storefront lighting in the Downtown District boundary; and WHEREAS, City Council wishes to require any existing lighting that violates this requirement to be removed within 90 days of the adoption of this Ordinance; and WHEREAS, the Planning and Zoning Commission of the City of Friendswood has conducted a public hearing,received input from staff and has issued its final report recommending the amendments referenced hereafter; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted a joint public hearing in the time and manner required by law; 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. That the facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. That the City of Friendswood Code of Ordinances,Appendix A"Signs"Section 9. Prohibited Signs" is hereby amended to read as follows: Sec. 9. - Prohibited signs. Signs of the following nature are expressly prohibited unless specifically authorized by this app en ix: a. Billboards,including,but not limited to,new off-premises CEVMSs.Exception: existing billboards may be converted to CEVMSs, provided that they meet the requirements in Section 26.f. 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. Ord No.2019-20 2 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. m. In the Downtown District Boundary, miniature, mini, Christmas, rope string lights, exposed LED storefront lights or other similar lighting in or framing windows (interior or exterior), including attached to the window frames with the exception of holiday lighting from November 15 to January 15. Section 3. That 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 violates 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. Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 5. That 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 Ord No.2019-20 3 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. That 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. Section 7. That any existing lighting that violates this Ordinance shall be removed within 90 days of the adoption of the ordinance. PASSED AND APPROVED on first reading this 6th day of May,2019. PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of June,2019. M e Fo--man Mayo ATTEST: r eiv,„,. .,, III (:)....1'""""4:4)1 Melinda Welsh, TRMC City Secretary • •'�� 4 .4P4, OF Ord No.2019-20 4