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.
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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
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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
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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
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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
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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.
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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
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