HomeMy WebLinkAbout90-2831ORDINANCE NO. 90-2831- DENIED JUNE 12, 1990.
SIGN CODE - AMENDMENT
ORDINANCE NO. 90-2831
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, AMENDING SECTION 21-72,
ENTITLED "AMENDmenTS" TO THE SIGN CODE OF THE
CITY OF PLAINVIEW, TEXAS, FOR THE PURPOSE OF
ESTABLISHING A REQUIRED PERMIT FEE FOR ALL
SIGNAGE, ESTABLISHING REGULATIONS AFFECTING
WALL SIGNS, PLACING CERTAIN RESTRICTIONS ON
MOBILE OR PORTABLE SIGNS, RESTRICTING
ILLUMINATION OF SIGNAGE, REQUIRING THE
REMOVAL OR REPAIR OF UNSAFE SIGNS, DIRECTING
PUBLICATION OF A DESCRIPTIVE CAPTION OF THIS
ORDINANCE, WITH THE PENALTY PROVISIONS OF THE
SIGN CODE OF THE CITY AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City of Plainview has experienced an ever
increasing proliferation of signage; and
WHEREAS, many such signs are in close proximity to the
streets and highways of the City of Plainview in an effort to
attract the attention of drivers; and
WHEREAS, there are a large number of signs along the public-
right of way which, in efforts to catch driver's attention and
not be obscured by neighboring signs, tend to encroach upon the
public right of way; and
WHEREAS, a large number of signs competing for driver's
attention, coupled with the signs that encroach upon the public
right of way, create conditions hazardous to the health, safety
and welfare of the citizens of Plainview and the driving public;
and
WHEREAS, among the large number of signs are those which, in
an effort to compete for the public attention, are purposefully
made to be a visual blight by advertisers; and
WHEREAS, controls on the number, size, spacing, height,
set-backs and illumination would tend to lessen the need
perceived by advertisers for signs to be a visual blight without
unlawfully restricting the content of the signs; and
WHEREAS, the uncontrolled number of signs of all types,
including portable signs proliferating in Plainview tends to
obscure the very businesses intended to be promoted; and
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W}I~REAS, the uncontrolled number, size, spacing, heights,
set-backs, and illumination of signs is tending to produce visual
blight and damage the aesthetic appeal of the City of Plainview
in all respects.
NOW, T~IF. RR~Y)RE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas, that in order to
encourage the effective use of signs as a
means of communication in the City;
maintain and enhance the aesthetic
environment and the City's ability to attract
sources of economic development and growth;
improve pedestrian and traffic safety;
minimize the possible adverse effect of signs
on nearby public and private property;
and to enable the fair and consistent
enforcement of these sign restrictions;
this amendment to the Sign Code is hereby adopted under
the authority given to the City by law:
SECTION 1: That the additional regulations be added to
Section 21-72, entitled "Amendments" to the Sign Code of the Code
of the City of Plainview. Those added restrictions are to read
as follows:
Section 304 of the Sign Code is hereby amended to read as
follows:
Section 304. Fees.
A sign permit fee of $20.00 shall be paid at the time
an application is made for erecting, constructing or
placing a sign. The same permit fee will also be
required for temporary banners greater than forty-five
(45) square feet in area or for using an advertising
search light.
Section 309. Wall Signs.
Wall signs shall not exceed fifty (50) percent of the
area of the store frontage or side area where
applicable. Such signs shall not have a vertical
height of more than six (6) feet nor exceed
seventy-five (75) percent of such building or store
frontage. Vertical clearance shall be subject to the
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requirements of the Uniform Sign Code. Wall signs
shall not extend above the wall on which they are
attached.
Section 310. Mobile or Portable Sign Restrictions.
In zoning districts where commercial signage is
permitted, mobile or portable signs shall be permitted
only for thirty (30), sixty (60), or ninety (90) day
intervals and only with permits for the designated
time. Mobile and portable signs will be required to be
off the property for a like period of time at the
expiration of each permit. All mobile or portable
signs within the city limits of Plainview will be
required to have a permit and to come into compliance
with this ordinance within thirty (30) days of the
effective date of the said requirements.
Section 311. Illumination of Signage.
No sign shall be illuminated to such an intensity or in
such a manner as to cause a glare or brightness to a
degree that it constitutes a hazard or a nuisance.
Beacons, revolving lights or lights and illumination
similarly constructed on signage shall not be allowed.
Alternating electric data control components showing
time and temperature may be allowed.
Section 312. Removal of siqns.
a. An abandoned sign is a sign which, for at least six
months does not identify or advertise a bona fide
business, lessor, service, owner, product, or activity,
and/or for which no legal owner can be found; or any
sign which pertains to a time, event, or purpose which
no longer applies.
b. The building official shall cause the removal of an
illegal or abandoned sign, a nonconforming sign subject
to subsection (d) of this section or a sign that
represents a clear and present danger to the health or
safety of the public.
c. The building official shall direct the owner and
user of a sign affected by subsection (a) of this
section and the owner of the real property on which the
sign is located to remove the sign. He shall provide
for a reasonable period of time not to exceed 10 days
after receipt of notice for the removal of the sign.
Notice shall be by certified mail, return receipt
requested.
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d. The building official or his/her designee may enter
the premises and remove a sign affected by this section
if the sign has not been removed in accordance with the
terms of the building official's directive. The cost
of the removal shall be taxed against the owner of
record of the real property on which the sign is
located and constitutes a lien against the property.
SECTION 2: Severabilit¥. Should any section, paragraph,
sentence, clause or word of this Ordinance or of the Code adopted
hereby, be declared unconstitutional or invalid for any reason,
the remainder of this Ordinance, and of the Code adopted hereby
shall not be affected thereby.
SECTION 3: Publication. The City Secretary is hereby
authorized and directed to cause the publication of the
descriptive caption of this Ordinance together with the penalty
provisions of the 1988 Uniform Sign Code, as amended.
SECTION 4: Effective Date. This Ordinance shall become
effective and be in full form and effect from and after its
passage and publication as required by law.
SECTION 5: Penalties. Any person who violates this
Ordinance commits a misdemeanor punishable by a fine not greater
than $1000. Each day of a violation is a separate offense.
Introduced and Public Hearing held 12th day of June, 1990.
Passed and Approved the 26th day of June, 1990.
ATTEST:
E.V. Ridlehuber, Mayor
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
Mike McDonough
Director of Municipal Services
APPROVED AS TO FORM:
D. Blackburn, City Attorney
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