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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 1 of 4 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 2 of 4 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. 3 of 4 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 4 of 4