Loading...
0161-068 ORDINANCE NO. "I-t.f AN ORDINANCE CONTAINING DEFINITIONS PERTINENT TO THE TEXAS HIGHWAY BEAUTIFICATION ACT, REQUIRING A LICENSE ISSUED BY THE STATE OF TEXAS: REQUIRING A PERMIT FOR EACH SIGN OR BILLBOARD: GOVERNING THE LOCATION AND PLACEMENT OF SIGNS AND BILLBOARDS: REGULATING THE SIZE OF SIGNS AND BILLBOARDS: AND CONTAINING A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1. DEFINITIONS A. The term "Highway Beautification Act" means Section 131 of Title 23, United States Code (1965) and for the purposes of this agreement, reference is made specifically to Title I. of the said Highway Beautification Act of 1965. B. A "zoned commercial or industrial area" under authority of State law shall mean land that has been zoned as commercial or industrial by the State or by the City of Southlake or any political subdivision of the State to which legal authority has been delegated by State law. C. An "unzoned commercial or industrial area" shall mean an area ln which the land use is not zoned under authority of law but which is within a distance of 800 feet of one or more recognized commercial or industrial activities. Any applicable provisions of the agreement between United States of America through the Federal Highway Administrator and State of Texas through the State Highway Commission in connection with the subject matter of this ordinance in defining the term lIunzoned commercial or industrial area" is incorporated herein by reference. D. IICommercial or industrial activities II as used in "c" above mean those customarily permitted only in zoned commercial or industrial areas except that none of the following shall be considered commercial or industrial activities: 1. Outdoor advertising structures. 2. Agricultural, forestry, ranching, grazing, farming and related activities including but not limited to temporary wayside fresh produce stands. 3. Activities not housed in a permanent building or structure. 4. Activities not visible from the traffic lanes of the main traveled way. 5. Activities conducted in a building primarily used as a residence. 6. Railroad right of way. 7. Activities more than 660 feet from the edge of the right of way. All measurements should be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities and shall be along or parallel to the edge of the pavement of the highway. Measurements shall not be from the property lines of the activities unless said property lines coincide with the regularly used buildings, parking lots, storage or processing areas. E. "National system of Interstate and Defense Highways and Interstate System" means the system presently defined in Subsection (d) of Section 103 of Title 23, United States Code. F. "Federal-aid Primary Highway" means any highway within that portion of the State Highway System as established and maintained as a Primary Highway, including extensions of such system within municipalities, which has been approved pursuant to Subsection (b) of Section 103 of Title 23, United States Code. G. "Traveled way" means that portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes. -2- H. "Main traveled way" means the through traffic lanes exclusive of frontage roads, auxiliary lanes and ramps. 1. "Outdoor Advertising" or "Sign" means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designated intended or used to advertise or inform if any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid Primary Highway. J. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way, bring into being or establish except when performed incidental to the change of an advertising message or to normal maintenance or repair of an existing sign. K. "Freeway" means a divided highway with full control of access. 2. No applicant for a permit to erect a sign or billboard included in this ordinance within the corporate limits of the City of Southlake, Texas, shall be permitted to apply for such permit unless and until the applicant therefor demonstrates to the satisfaction of the City Secretary that said applicant has a presently existing current license then in effect and issued by the Texas Highway Department. All such licenses referred to in this paragraph shall be obtained by the applicant for a permit through the usual and customary procedures outlined by the Texas Highway Department. 3. No such signs or billboards shall be erected or maintained within the corporate limits of the City of Southlake, Texas unless and until the owner of said sign or billboard shall first have applied for and obtained a permit for that purpose issued by the City Secretary of the City of Southlake, Texas. Each and every -3- separate sign or billboard shall require a separate permit for the same. The permit application shall be in the manner and on the form as prescribed by the City Secretary and the applicant shall supply information requested thereon, which said application shall contain essentially the same information as required on an applicable Form D-15 series issued by the Texas Highway Department and such other information as the City Secretary may deem material or pertinent to the best interest of the City of Southlake, Texas. Each application for a permit for a billboard shall be accompanied by a permit fee in the sum of $20.00. Each application for a permit of a business sign in front of or upon a business or commercial establishment shall be accompanied by a permit fee in the sum of $10.00 regardless of the number of such business signs located upon or on the business or commercial property. The bill- board permit fee may be renewed with proper application for a permit yearly and a payment of a $20.00 renewal fee. Likewise, a permit for a business sign may be renewed yearly when application is made for renewal and payment is made of a renewal fee in the sum of $1.00. Charitable, civic, non-profit and religious organizations are exempt from the payment of the permit fee. Each such permit shall be for a term of one year. The City Secretary, upon issuance of such permit, shall require that the numbered permit tag issued by her shall thereafter be installed by the applicant within thirty (30) days. Said permit tag will be securely fastened without bending or mutiláting the sign or sign support nearest the highway so as to be readily visible from the highway. Each permit will not be assigned or transferred without prior approval by the City Secretary. Should the owner of said sign or billboard violate any of the terms and conditions of this ordinance or deviate from the information stated in the application for the issuance of said -4- permit, then the City Council may immediately thereafter revoke the permit which revocation will be effective immediately upon written notice to the owner of said sign and/or billboard by registered mail notifying him of the violation and summarily revoking the permit effective five (5) days from the date that the written notice is deposited with the United States mail with sufficient postage thereon and addressed to the address of the owner of said sign or billboard as reflected in the application for permit thereon. The revocation of permit shall not in any manner effect the City's ability to enforce the other penalty provisions of this ordinance. The City Secretary shall prepare or cause to be prepared consecutively numbered permits relative to signs and billboards and shall keep and maintain a permanent log or register of all such permits issued showing the date of issuance, the name and address of the person, firm or corporation to whom the same is issued and the term of said permit. 4. LOCATION OF SIGNS A. Signs may not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device, or which obstructs or interferes with the driver's view of approaching, merging or intersecting traffic. B. Signs may not be located within 500 feet of any public park, public forest, public playground or scenic area designated as such by the State Highway Department or other Governmental Agency having and exercising such authority, which is adjacent to the highway. C. Signs may not be located adjacent to or within 500 feet of interchanges, intersections at grade and rest areas on Interstate and Freeway highways or which will tend to obscure or otherwise -5- interfere with the driver's view of approaching, merging or intersecting traffic. Such distance shall be measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from, or entrance to, the main traveled way. D. Signs may not be erected on the Interstate and Freeway Primary Systems closer than 500 feet apart on the same side of the highway. E. Signs may not be erected on the non-freeway Primary System located closer than 300 feet apart on the same side of the highway. F. Signs may not be erected on the non-freeway Primary System in incorporated cities, towns and villages closer than 100 feet apart on the same side of the highway. G. The above spacing between signs shall not apply to signs separated by buildings, natural surroundings or other obstructions which cause only one sign located within the specified spacing to be visible at anyone time. H. The above spacing rules do not apply to on-premise or directional or other official signs, as defined in Section 13l(c) of the Act, nor shall measurements be made from such signs for the purposes of this agreement. The following signs shall not be permitted under any circumstances: a. Signs which imitate or resemble any official traffic sign, signal or devise; b. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features. 5. SIGNS AND ILLUMINATION OF SIGNS No signs shall exceed the following limits regardless of the existing zoning: A. Maximum area-1200 sq. feet B. Maximum height- 25 feet C. Maximum length- 60 feet -6- All dimensions include border and trim, but exclude supports. Double faced, back to back or V-type signs shall be considered as one sign. Signs which exceed 350 square feet in area may not be double faced (stacked or side-by-side). Signs may be illuminated subject to the following restrictions: 1. Signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather or similar information. 2. Lights which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the Interstate or Primary Highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. 3. No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal. 6. Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid. 7. Any person, firm or corporation that violates, disobeys,neglects, or refuses to comply with, or that resists the enforcement of any of the provisions of this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such. The City may also bring suit for injunction against any person, firm or corporation that shall violate or threaten to violate any of the provisions of this Ordinance, in order to prevent a continued violation of such threatened violation. -7- a. This ardinanss shall not "peal any existi" ordinances, rules or ramautioxis of the city do►thU&nr was, in eff t t rdi ►an+ er,~ retlss. but in the sit of a fliet b n y *vMh or rs lntifts this said ordinanna P&O"d min shall tr*l. 9. This or inome shall be in full form and of t from and after the 4*te of its passage smd publication as roquizvd by law. P IID ,D 3 SD this 976 AMM sP8RMDI