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04-09-03-Ordinance-Amending the Sign Regulations-04/07/2003APR 03 2003 12:30 FR NICHOLS JACKSON DILLA4 965 0010 TO 194045e4leO P.02 ORDINANCE 04-09.03 THAT CHAPTER 3, ARTICLE 3.1400 SIGN REGULATIONS AND APPENDIX ARTICLE 3.000 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, ARE HEREBY AMENDED; PROVIDING FOR THE REPEAL. OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGE% TEXAS: Section 1. That Chapter 3, Article 3.1400 ofthe Code of Ordinances, City of Sanger, Texas, is hereby amended, which said article shall read as follows: '4ARTICLE 3.1400 SIGN REGULATIONS Sec. 3.1401 Compliance Required It shall be unlawful to install, erect, change the use of or maintain any sign, or contract for such service within the City of Sanger,-eKcept in compliance with the provisions of this article and any other applicable city regulations. See.3.1402 Definitions The following definitions shall be applicable to this article: Agricultural S.S..fn. An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. artrnentTiame Sign, .An accessory sign for the identification of an apartment building or complex of apartment buildings. Billboard, .foster panel or Painted Bulletin. Large signs which usually promote and advertise commodities or services, not limited to being offered on the premises on which such signs are located. QCM o San er, For the purpose of this article, the City of Sanger shall be defined as the total and complete area of land situated within the corporate city limits of said city, plus the adjoining extraterritorial jurisdiction of the city. Construction Sign. A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or financial institution involved in the design, construction, financing or improvement of the premises on which the sign is located. 55190 , ;=Q55 APR 03 2003 12:31 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404594180 P.03 Develo»rn_ent Si . A temporary accessory sign related to the promotion of new developments and located on the premises involved in the development. Gara a or Occasional Sale —Sign—. A temporary sign used to designate the address, time or place of a sale of miscellaneous items on private property. General Business ,Si n. An accessory sign or graphic device which advertises the commodities or services offered on the premises where such signs are located and where such sign is not of the billboard, poster panel or painted bulletin type, but is a sign designed specifically for the location, Institutional Sijzn. An accessory sign for the identity of a school, church, hospital or similar, putbllc or quasi -public institution. Name plate. An accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. Noncomplying orllle ate, Any sign that is placed, located or erected on any property or structure in the City of Sanger after the effective date of this article which does not comply with the requirements of this article. Nonconforming Sign, Any sign that was legally placed, located or erected on any property or structure in the City of Sanger before the effective date of this article but which does not comply ( with the requirements of this article, Other Terms. For the purpose of this article shall have the meaning normally ascribed in the sign business. .Pvtlable Advertisin Si n. A sign which is not permanently attached to the ground, a structure or anothex sign, is designed to permit removal from one location to another for reuse, does not principally refer to the sale, lease or rental ofthe real property upon which su& sign is situated, and whose message can be changed or altered by interchangeable letters, numbers or panels. Real Estate Sign. A temporary accessory sign pertaining to the sale, rental or lease of the property on which the sign is placed. Political Lin. A sign used exclusively to identify a candidate, place or ballot measure for a designated election. Sec. 3,1403 Schedule of Uses Permitted The classes of zoning use districts in which the various types of signs are permitted are indicated by the following schedule: 55190 APR 03 2003 12:31 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180 P.04 (r Type Sign Maximum Area District Permitted Spacing Permit (Sq. Ft.) Standards Required Name Plate 1 All Residential None No Districts Name Plate 50* B-1, B -2, B-3, None No 1-1,1-2 Institutional SQ* All Residential None No Districts Institutional 72 B-1, B-2, B-3, None Yes I-1, I-2 Apartment 50 All Districts One (1) Per Yes Street Frontage Business 200 All Districts One (1) Per Yes Business Billboard Type N/A None None N/A 100 A One (1) Per Yes Agriculture Farm is All Districts One (1) Per Lot; No Real Estate On Acreage One (1) Per 200' Road Frontage Construction 60 All Districts None No No Development 200 All Districts One (1) Per Project or One (1) for.Each 100 Acres in Project Garage/Occasional 3 All Districts One (1) Per Lot No or Tract Portable 72 B-1, B-2, B-3, One (1) Per Lot No Advertising" I-1,1-2 or Tract Political 32 All Districts One per Lot or No street frontage (a) No sign shall be constructed to exceed the maximum building height permitted in the specific class of zoning use district where the sign is located, except as is provided. In no event shall any sign or any supporting structure to which said sign is affixed exceed a height of sixty feet (60') (b) No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. 55190 APR 03 2003 12:31 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404594180 P.05 (' (c) Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds fifty per cent (50%) of its replacement value shall be removed by the sign owner, (d) No billboard, poster panel or painted bulletin structure shall contain more than one (1) sign panel facing in the same direction not more than. two (2) sign panels per structure. (e) political signs not be larger than thirty-two (32) square feet in area and not more than one (1) sign for each candidate or ballot measure may be erected on one (1) lot or tract of land, except in the case of a corner lot on which two (2) signs shall be allowed. No political sign may be placed, erected or allowed to remain upon any portion of the public street right-of-way of the City of Sanger or upon private property if such sign conflicts with the right-of-way or line of vision of a public street. (f) No portable advertising sign shall be located within ten feet (10') of the edge of the traveled portion of any public street of the City of Sanger. (g) In the various districts zoned Business, no sign mounted at ground level shall exceed thirty-six (36) square feet in area, and no pole sign shall exceed two hundred (200) square feet in area, (h) No sign, except an official sign authorized by law, shall be erected in, on, or so as to project into, any public right-of-way of any street or alley, or any easement or other public property, including utility poles or structures, in the City. (i) One (1) sign shall be allowed within the required front yard as permitted in the above schedule; however, such businesses that are located on corner lots with appropriate zoning on all sides may erect a second general business sign in the side yard, provided the second sign does not exceed sixty- five (65) square feet in area, with no dimension exceeding ten feet (10% and not exceeding seven feet (71) in height. "No portable sign shall be utilized on business lots where a second general business sign is erected. 6) One (1) garage/occasional sale sign not to exceed three (3) square feet in area shall be permitted upon the property where the sale is to take place. Any other signs at any location remote from the site of the sale are prohibited, except two (2) directional sighs not to exceed three (3) square feet in area shall be permitted on private property. Such directional signs shall be free-standing, not to exceed three (3) square feet in area and shall not be attached to utility poles or city sign posts; the signs shall be removed within twenty-four (24) hours after the sale by person(s) holding the sale. (k) Development signs will be removed by the developer after completion of the development. (1) Billboard type signs shall not be permitted within the city limits. Existing signs shall not be affected by this; however, should an existing sign fail to be maintained as provided for in Article 3.1400, Section 3,1406, or become obsolete as described in Section 3.1407, said sign shall be removed and may not be repaired or reconstructed. 55190 0CC 0S8 RPR 03 2003 12:32 FR NICHOLS JACKSON DILLR4 965 0010 TO 194045e4ieo P.06 See.3.1404 Design All signs shall be designed and constructed to wind pressures as outlined in the International Building Code; the most recent edition as adopted by the City of Sanger. Sec. 3.1405 Obstructing Traffic Visibility at Corners No obstruction of traffic visibility shall be permitted on any lot in the city limits. See.3.1406 Maintenance All signs and advertising structures shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust resistible material, and shall be maintained in good condition of appearance. If'upon inspection by the building official, a sign is not found to conform to the above, written notice shall be given to the owner giving the owner thirty (30) days to either put the sigh in acceptable condition or remove the sign. See. 3,1407 Removing Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which is closed or has moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a. color that resembles or matches the wall. If the owner of, or person responsible for the sign, or if the tenant closing the business fails to remove or paint over the sign, the owner of the premises shall be responsible and the work shall be done within thirty (30) days following the date of obsolescence. See. 3.1408 Permit Required When a permit is required as indicated in Section 3 ,1403, the pernut fee shall be as set forth in the fee schedule in the appendix of this code. Application for a permit shall be submitted to the city secretary on such forms as may be required by the city. The application shall be accompanied by a drawing indicating the size and location of the sign on the property. See.3,1409 Variances When it appears that the provisions of this article would work a manifest injustice oz an unnecessary hardship, a person may appeal to the Zoning Board of Adjustment for a variance from the provisions of this article. Such variance may be granted subject to special restrictions and for a fixed time subject to expiration at the discretion and order of the Board of Adjustment. See. 3.1410 Penalty for Violation (a) Any person, firm or corporation who violates any provision of this article shall be deemed $5190 0 �v59 APR 03 2003 12:32 FR NICHOLS JACKSON DILLA4 965 0010 TO 194045e4180 P.07 (r guilty of a misdemeanor and, upon conviction thereof in the municipal court, shall be subject to a fine in accordance with the general penalty provision set forth in Section 1,109 of this code for each offense, and each and every day that the violation of this article shall be permitted to continue shall constitute a separate offense- (b) By passage of this article, no presently illegal use of signs shall be deemed to have been legalized., and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinances or regulations were repealed and this article adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded within all respects as if such prior article, or portion of such article had not been repealed. (c) If any portion of this article shall conflict with any portion or all of any existing ordinances of the City of Sanger not specifically repealed herein, the city council hereby declares that this article shall prevail and that it is hereby attempting to repeal any conflicting provisions of any conflicting provisions of any existing ordinance of the city." Section 2. That Appendix Article 3.000, Section 3,900, of the Code of Ordinances, City of Sanger, Texas, is hereby amended, which said article shall read as follows: "Sec. 3.900 Sign Permits When a sign permit is required, the permit fee shall be twenty-five dollars ($25.00), due upon submission of application for permit, and is not refundable if application is withdrawn after review, or if it does not meet the requirements as outlined in Article 3.1400." Section 3 . All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. 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 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 Section 1.109 of this 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 cases provide. 55190 r'70060 APR 03 2003 12:32 FR NICHOLS JACKSON DILLA4 965 0010 TO 19404584180 P.08 DUY.Y PASSED, APPROVED, AND ADOPTED, this the 7th day of April, 2003, by the City Council of the City of Sanger, Denton County, Texas. L":� ToInmy Kindaict, Mayor ATTES Ros lie Chavez, City Sec { ED Aywt- CITY 55190 O'1�06 p