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HomeMy WebLinkAbout01-05-26-Ordinance-Amending APX SR Sign Regulations-01/20/2026 CITY OF SANGER, TEXAS ORDINANCE 01-05-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CITY OF SANGER CODE OF ORDINANCE, AMENDING APX SR SIGN REGULATIONS, SECTION 4, 5, 6, 7, 9, and 15, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE;PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE ' OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the City of Sanger(the"City")is a home rule municipality regulated by state law and Charter; and WHEREAS, the City Council finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On January 20, 2026 the City Council approved Ordinance 01-05-26 amending Apx SR Sign Regulations; and WHEREAS,all requests for a amendment to the Code of Ordinances were duly filed with the City of Sanger, Texas, concerning the hereinafter described; and WHEREAS, the Planning and Zoning Commission on January 12, 2026, duly covered and conducted public hearing for the purpose of assessing a request for an amendment to the code of ordinances recommending approval for the hereinafter described and WHEREAS,the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That Apx SR Sign Regulations Building Regulations, is amended as follows; • Section 4 -Definitions added as follows • Dwell Time. The interval of time during which each individual message is static and remains unchanged on a Digital or Electronic Sign. • Nit. A unit of measurement of luminance or brightness. • Transition Time.The duration of time between the display of tow consecutive static messages on a Digital or Electronic Sign. Definition amended for Sign,Digital or Electronic as follows; • Sign, Digital or Electronic(also known.as an Electronic Message Center or EMC). A sign, display, or device that changes its message by a programmable electronic process, utilizes digital images or light emitting diode (LED) technology, and is Ordinance —Amending Apx SR Sign Regulations Page 1 of 3 capable of displaying characters,letters or illustrations.This definition includes any sign that employs electronic variable messages, regardless of the specific technology used(e.g., LED,LCD, or similar). • Definition removed for Sign, Light Projecting • Amend Section 5 by adding the following: • Amend reference in A from Section 6.F to Section 6.G • Add 1.Digital or Electronic Signs are allowed as an exception in the non-residential districts only as provided in Section 6.1. • Amend reference in H.2 from Section 9.F to Section 9.E • N. Amend to add"except as provided for in Section 6.1" • Section 6 Add I. see in Exhibit A: • I. Standards for Digital or Electronic Signs. In all non-residential zoning districts, Digital or Electronic Signs (EMCs) are permitted as a component of a permanent detached sign, subject to the following: ■ 1. Display Requirements. • a. Static Display. Each message must remain static for a minimum Dwell Time of eight(8) seconds. • b. Transition. The Transition Time between messages must be instantaneous (two seconds or less). • c. Prohibited Motion. No portion of the sign may include flashing, blinking, or scrolling text/images. Video or "live-action" displays are prohibited. • 2. Luminance (Brightness) Standards. • a. All EMCs must be equipped with an automatic dimming sensor that adjusts the sign's brightness in direct correlation with ambient light. • b. Nighttime. Luminance shall not exceed 0.3 foot-candles above ambient light levels when measured at the distance dictated by the square footage of the sign. • c. Daytime. Maximum brightness shall not exceed 5,000 nits. • 3. Size Limitation. The electronic portion of the sign shall not exceed 50% of the total allowable sign area as calculated in Section 7. • 4. Default/Fail-Safe. In the event of a malfunction, the sign must be programmed to default to a black/un-illuminated screen. ■ 5.District Restrictions. Notwithstanding this section, Digital or Electronic Signs remain prohibited in the Downtown Commercial District as defined in Section 9.B. • Section 6.2 amend reference from Section 7.G to Section 7.G:1.b and Section 7.G.1.c. • Section 9.J.9.b amend reference from Section 3.1404 to Section 4 and Section 3.1409.K to Section 9.K • Section 9.K.1 amend reference from Section 3.1407.J.9 to Section 7.J.9 • Section 9.K.2.a.i amend reference from Section 3.1404 to Section 4 • Section 9.K.2.c amend reference from Section 3.1409.J.8 to Section 9.J_8 • Section 15.C.3.a add the following: o iii. Digital or Electronic Signs(EMCs). Where a Digital or Electronic Sign is utilized within the FM 455 Corridor Sign Overlay District: Ordinance —Amending Apx SR Sign Regulations Page 2 of 3 o (a) It must be integrated into the face of a monument sign. o (b) The electronic display area must be inset and framed on all four sides by a minimum of six(6) inches of masonry, rock, or stone that matches or is compatible with the primary building located on the same lot as the sign. o (c) The use of"cabinet-only" or"exposed frame" electronic signs is prohibited. o (d) The sign must otherwise comply with the operational and brightness standards set forth in Section 6.I. SECTION 2. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance,since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word,phrase, clause, sentence,paragraph, or section. SECTION 4. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 20th day of January, 2026 APPROVED: 4/1,a,'i& ATTEST: 1 i yomas E. Muir,Mayor OF SANC ,�' Eth.Oartki ° Kell Edwa As, City Secretary = / \. _ Ordinance —Amending Apx SR Sign Regulations i l l t ' ' i\ \\ Page 3 of 3 [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle 2413 Fort Worth Dr (940) 387-7755 I, Edmar Corachia, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Denton Record-Chronicle, a publication that is a "legal newspaper" as that phrase is defined for the city of Denton, for the County of Denton, in the state of Texas, that this affidavit is Page 1 of 1 with the full text of the sworn-to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Jan. 24, 2026 Jan. 27, 2026 Notice ID: 4EoP2znNFVEV0HRF7mxW Notice Name: ORD 01-05-26 PUBLICATION FEE: $85.52 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION ORD 01-05-26 - Page 1 of 1 01/28/2026 Notarized remotely online using communication technology via Proof. [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle 2413 Fort Worth Dr (940) 387-7755 I, Edmar Corachia, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Denton Record-Chronicle, a publication that is a "legal newspaper" as that phrase is defined for the city of Denton, for the County of Denton, in the state of Texas, that this affidavit is Page 1 of 1 with the full text of the sworn-to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Jan. 24, 2026 Jan. 27, 2026 Notice ID: 4EoP2znNFVEV0HRF7mxW Notice Name: ORD 01-05-26 PUBLICATION FEE: $85.52 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION ORD 01-05-26 - Page 1 of 1 01/28/2026 Notarized remotely online using communication technology via Proof.