HomeMy WebLinkAboutItem 02 - Zoning AmendmentsMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND
MEMBERS OF THE PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR -4 G`
MEETING DATE: SEPTEMBER 15, 2015
SUBJECT: ZONING ORDINANCE AMENDMENT AM1 5-01 —AMENDMENTS
TO SECTION 43 NONCONFORMING USES AND STRUCTURES
AND SECTION 60 SIGN STANDARDS
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Staff recommends the Planning and Zoning Commission and the City Council approve the
amendments to Section 43, Nonconforming Uses and Structures and to Section 60, Sign
Standards and take any other action necessary.
BACKGROUND INFORMATION:
Section 43, Nonconforming Uses and Structures:
This amendment is relative to the settlement of a lawsuit between Outfront Media (formerly
CBS Outdoor) regarding an existing static billboard sign located along the S.H. 114 right-of-
way to the east of the existing Sam's Club. Although this sign was a nonconforming
structure and continues to remain so, as part of the settlement of the lawsuit, staff was
directed by Council to amend the appropriate sections of the zoning ordinance to allow
conversion of the existing static billboard sign to a digital billboard 60 feet in height with
cabinet dimensions of 14 feet by 48 feet (672 square feet). Specifically, Section 43 was
amended to allow, because of right-of-way acquisition, the alteration of an off -premise
advertising sign (billboard sign) fronting on S.H. 114, only through approval of a conditional
use permit from the City Council.
Section 60, Sign Standards:
Section 60, Sign Standards was amended to provide a narrowly defined set of criteria to
regulate the use of the converted digital billboard sign which will only be applicable to the
Outfront sign on S.H. 114. Key specific criteria based on peer ordinances and industry
standards includes:
The existing legal, nonconforming sign fronts on S.H. 114
Right -of -acquisition necessitates the alteration of the sign
O:\ZCU\2015\AM15-01.4.doc 9/9/2015 9:57:34 AM
• The City Council approves the conversion with a conditional use permit
• Lighting levels will not increase more than 0.3 foot candles over ambient levels
measured 250 feet from the sign
• Each message must be displayed for a minimum of eight seconds
• Changes of messages must be accomplished within two seconds
• Changes of messages must occur simultaneously on the entire sign face
• No flashing, dimming, or brightening of message is permitted except to
accommodate changes of the message
• Ticker tape streaming and streaming video are prohibited
Section 60, Sign Standards was also amended to provide a mechanism to allow "off -
premise" signage specific only to the City's 185 acres to improve and enhance the
development potential of the site. Specifically Section 60 was amended to allow, only
through approval of a conditional use permit by the City Council, off -premise signage within
developments with frontage along Grapevine Mills Parkway (F.M. 2499), Grapevine Mills
Boulevard North, North State Highway 121, and Freeport Parkway. See the attached
ordinances and memo from the City Attorney.
/rS
R:\Ag ends\2015\09-15-15\AM 15-01.4.doc
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BOYLE & LOWRY, L.L.P. ATTORNEYS AND COUNSELORS
4201 WINGREN, SUITE 108
IRVING, TEXAS 75062-2763
(972) 650-7100 telephone
(972) 650-7105 telecopier
www.boyle-lowry.com
MEMO
Via Email
DATE: September 2, 2015
TO: Bruno Rumbelow, City Manager
FROM: Matthew Boyle, Assistant City Attorney
RE: Sign Ordinance Amendments
We are recommending for approval amendments to Sections 43 and 60 of the
Zoning Ordinance regarding nonconforming and off-site signage. These amendments are
the result of two separate initiatives: 1. the settlement of a pending lawsuit regarding the
billboard located between Sam's Club and SH 114; and 2. the request by Kubota U.S.A.
Inc. to have signage adjacent to SH121 on part of the 185 acres owned by the City. As
will be explained further below, these amendments are limited in scope and are intended
to carry forward on prior direct action by the City Council in approving the settlement of
the lawsuit and in approving the sale of 25 plus acres of City owned property to bring
Kubota's North American headquarters to Grapevine.
Outfront Media (formerly known as CBS Outdoor) sued the City and its Board of
Zoning Adjustment relative to their request to adjust the location of their billboard by
moving it four feet away from SH 114 so as it to remove it from the expanded right of
way for SH 114. The billboard has been and remains a nonconforming use and structure
as an off-site sign which is no longer permitted by the Zoning Ordinance. As part of the
settlement of the lawsuit filed by Outfront, the City Council directed staff to prepare
amendments to the Zoning Ordinance to allow the existing billboard to be converted to a
full size digital billboard with dimensions of 12'x. 48'. Doing so requires amendments to
both Section 43 and Section 60 of the Zoning Ordinance. Section 43, Nonconforming
Uses and Structures, is being amended to allow for the alteration, enlargement, or
remodeling of an off -premise sign which fronts on SH 114 and a governmental right-of-
way acquisition necessitates the alternation. Such alteration can only proceed upon the
approval of a conditional use permit. Correspondingly Section 60(B)(2)(o) of the Zoning
Ordinance is being added to establish the baseline criteria and requirements for a
converted digital billboard. The technical requirements are based on peer Ordinances
along with the known technical data from Outfront as to the proposed conversion. The
goal of those requirements is to regulate the visual impact of the digital sign. These
revisions have been narrowly drafted so as to only be applicable to the Outfront sign. The
Outfront CUP is also being scheduled for consideration on September 15.
Page 1
In an effort to enhance the function and develop -ability of the 185 acres of
property owned by the City, we recommend allowing certain off -premise signs on the
185 acres. Such signage will be subject to the requirement of obtaining a conditional use
permit and the sign(s) must be for the advertisement of goods, entertainment, or services
sold, offered, or made on the 185 acres. Kubota U.S.A. Inc. has contracted to purchase 25
plus acres of land from the City which is internal to the site and as such does not include
any frontage on SH121. Absent these amendments the only means to achieve Kubota's
request for signage on SH121 would be through acquiring additional real estate or
through the creation of a Planned Commercial Center. The real estate option is neither
practical nor prudent inasmuch as it would result in the waste of potentially developable
property. A Planned Commercial Center is not feasible because the remainder of the 185
acress remains undeveloped at this time. These amendments represent a similar
appproach to how we have dealt with signage at Grapevine Mills Mall, and the signage
process at the Mall has been successful to date.
Page 2
DRAFT Section 60, Sign Standards
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Signs are recognized as a significant and specific use of land for the purpose of protection
of places and areas of historical and cultural importance; to increase safety and lessen
congestion in the streets; to conserve the value of buildings; to preserve residential values;
and to encourage the most appropriate use of land, standards are herein provided for the
installation of signs. No sign shall be erected, placed, or located except in accordance with
the following standards:
A. SIGN PERMITS. No sign, except for signs listed in Section 60, shall be painted,
constructed, erected, remodeled, relocated, or expanded until a zoning permit for
such sign has been obtained in accordance with the procedure set out in this
Ordinance. No zoning permit for any sign shall be issued unless the sign complies
with the regulations of this Section 60.
It shall be unlawful for the owner of any property, or any other person, firm, or entity
to place, allow to be placed, maintain or allow to be maintained, portable
commercial billboards or on-site business signs in the City. Any portable sign for
which a current and valid permit has been issued shall be allowed until the
expiration of the permit. No signs shall be permitted except as specified in this
Section 60.
a. NAMEPLATE SIGNS. A permanent sign affixed to the exterior wall of
a building, giving the name and/or address of the owner or occupant
of a building or premises in which it is located, and, where applicable,
a professional status.
. ON -PREMISE SIGNS. A permanent sign which directs attention to a
business or profession conducted, or to a commodity or service sold,
offered or manufactured, or an entertainment offered, on the
premises where the sign is located or to which it is affixed. Signs
within developments with frontage on Grapevine Mills Parkway
(F.. 2499), Grapevine Mills Boulevard North, North State
Highway 121 and Freeport Parkway shall be considered on -
premise signs, regardless of the lot on which they are placed,
provided the following conditions are met:
082013 Section 60
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Section 60, Sign Standards
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propertysubmifted to the City by the owner of the
which -the sign is placed.
C. DEVELOPMENT SIGNS. A temporary sign identifying the developing
tract of land on which it is located. In residential districts, said sign
shall be removed after four (4) years, or when ninety (90) percent of
the lots are sold, whichever occurs first. In all other zoning districts,
said sign shall be removed after three (3) years, or when seventy (70)
percent of the lots are developed, or whichever occurs first.
d. CONSTRUCTION SIGNS. A temporary sign containing the names of
architects, engineers, landscape architects, contractors, and similar
artisans involved in the design and construction of a structure or
project. This temporary sign may be located only on the premises on
which the construction is taking place and only during the period when
construction is taking place. Said sign shall be removed prior to the
issuance of the first Certificate of Occupancy.
e. REAL ESTATE SIGNS. A temporary sign pertaining to the sale or
lease of the lot or tract of land on which the sign is located, or to the
sale or lease of one or more structures, or a portion thereof located
thereon. Said sign shall be removed upon the sale or lease of the
property. Real Estate signs advertising the lease or rent of buildings
or space within buildings shall comply with the following regulations:
(1) The sign shall be removed when the building is one hundred
(100) percent occupied. This percentage shall be exclusive of
common areas.
(2) The property owner or authorized management company (but
in no case the sign contractor) shall submit a notarized affidavit
with all permit applications for real estate signs on a form
provided by the City . Said affidavit shall certify that the
building is less than one hundred (100) percent occupied,
exclusive of common areas.
(3) The sign permit shall be valid for a period of not more than one
0
Section 60
10 `7,UA
Section•1 Sign Standards
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year or when the structure becomes one hundred (100)
percent occupied, exclusive of common areas, whichever
comes first. The permit may be renewed annually provided the
building is less than one hundred (100) percent occupied,
exclusive of common areas. A twenty one dollar ($21.00)
renewal fee is required. A new affidavit (as described above)
shall be submitted certifying that the building is less than one
hundred (100) percent occupied, excluding common areas.
(4) In lieu of providing an affidavit certifying that the building is less
than one hundred (100) percent occupied, the property owner
or authorized Management Company may provide a notarized
affidavit showing that a vacancy will occur within thirty (30)
days.
f. POLITICAL SIGNS. A temporary sign meeting the requirements of
Chapter 20, Article II, Division 3 of the Grapevine Code of
Ordinances.
. SUBDIVISION SIGNS. A sign identifying a subdivision on which it is
located. The subdivision sign shall not be located in any right-of-way
or easement in the subdivision.
h. TEMPORARY DIRECTIONAL SIGNS: A temporary sign permitted for
a period of two years, directing attention to the location of a
developing subdivision located in Grapevine that is zoned R-7.5, R-
12.5, R-20 or R-5.0. Said sign shall not be located in any right-of-way
or easement.
E�'1';I�
. AWNING, CANOPY AND MARQUEE SIGNS. A sign that is mounted
or painted on, or attached to, an awning, canopy or marquee that is
otherwise permitted by this Ordinance. No such sign shall project
above, below, or beyond the physical dimensions of the awning,
canopy or marquee.
b. GROUND SIGNS. A sign, except a portable sign, permanently placed
upon, or supported by the ground independent of the principal
building or structure on the property, the top edge of which sign is no
more than six (6) feet above ground level, except ground signs in the
3
Section 60
Section .1 Sign Standards
091515
HGT District shall be three (3) feet above ground level. All ground
signs must conform to the following regulations:
(1) Sign support shall be masonry, non -decaying wood, or
structural steel tubing.
(2) Sign face shall be non -decaying wood, or flat, clear acrylic
sheet with all copy and background sprayed on second surface
with acrylic colors.
(3) Maximum gross surface area: Sixty (60) square feet, except
signs in the HGT District shall be nine (9) square feet.
(4) Ground Sign Conditional Uses:
The following Conditional Uses may be permitted provided
they meet the provision of Section 48 and a Conditional Use
Permit is issued: Sign face with changeable copy.
(5) Ground Signs in the BP Business Park District:
Maximum sign height: Ten (10) feet
Maximum gross surface area: Two hundred (200)
square feet.
iii. Changeable Copy: Thirty (30) percent. The percentage
of changeable copy may be increased provided a
conditional use permit is issued in accordance with
Section 48 of this Ordinance.
C. MONUMENT SIGNS. A sign permanently placed upon, or supported
by the ground independent of the principal building or structure on the
property. The height of the sign, including the base shall be
measured from ground level. A monument sign shall be solid from
the ground up; pole(s) or support(s) shall be concealed. A monument
sign may be located on a two (2) foot high berm or masonry planter
box. All monument signs must conform to the following regulations:
(1) Sign support shall be masonry or structural steel tubing.
Section 60
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Section •1 Sign Standards
091515
(2) Sign face shall be non -decaying wood, or flat, clear acrylic
sheet with all copy and background sprayed on second surface
with acrylic colors.
(3) Maximum gross surface area: One hundred (100) square feet
except as provided for in Section 60.B.2c.6.
(4) Maximum sign height: Ten (10) feet except as provided for in
Section 60.B.2c.6.
(5) Changeable copy: Thirty (30) percent. The percentage of
changeable copy may be increased provided a conditional use
permit is issued in accordance with Section 48 of this
Ordinance.
(6) Monument Signs in the HC Highway Commercial District For
Properties Fronting Wall Street:
Maximum sign height: Six (6) feet.
Maximum gross surface area: Sixty (60) square feet.
iii. Changeable Copy: Sign face with changeable copy may
be permitted provided they meet the provision of
Section 48 and a Conditional Use Permit is issued.
d. POLE SIGNS. A sign that is mounted on a freestanding pole,
conforming to the following regulations:
(1) Engineering Regulations. All pole signs shall be designed in
accordance with Chapter 23 of the Grapevine Building Code.
All plans and specifications shall be prepared by a professional
engineer. Wind pressure design for signs shall be twenty (20)
pounds per square foot for signs less than thirty (30) feet in
height and twenty-five (25) pounds per square foot for signs
thirty (30) feet to forty (40) feet in height.
(2) Sign Cabinet. Paint grip sheet metal on angle iron frame with
angle retaining rim to secure sign face or other materials
approved by the Director of Development Services.
Section 60
61
Section 60, Sign Standards
091515
(3) Sign Cabinet Minimum Gross Surface Area. Thirty (30)
square feet.
(4) Maximum Sign Cabinet Dimensions and Maximum Gross
Surface Area. The maximum gross surface of the sign
cabinet shall be one hundred eight (108) square feet with a
maximum cabinet width of twelve (12) feet, a maximum cabinet
height of twelve (12) feet and a maximum cabinet depth of
fourteen (14) inches.
(5) Sign Face. Flat, clear acrylic sheet, or other material
approved by the Director of Development Services; all copy
and background sprayed on second surface with acrylic colors.
Thirty (30) percent of the gross surface area of the sign face
may have changeable copy. Neon tubing on solid background.
(6) Changeable Copy. Thirty (30) percent of the gross surface
area of the sign face may have changeable copy. All
explanatory text related to the changeable copy shall be
calculated as a part of the thirty (30) percent gross surface
area.
(7) Sign Finish. Degrease, prime, and finish coat all exposed
metal surfaces as required.
(8) Sign Support Color. Painted surfaces are to match
architecturally with the main structure on the lot.
') External Illumination. Neon tubing on a solid background
allow, -,,d-.-
(10) Internal Illumination. Internal illumination provided by
fluorescent lamps spaced no further than twelve (12) inches on
center.
(11) Overall Sign Height. All signs to be twenty (20) feet in height.
(12) Pole Sign Conditional Uses. The following Conditional Uses
may be permitted provided they meet the provisions of Section
48 and a Conditional Use Permit is issued:
Section 60
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:?
Section/ Sign Standards
091515
a. All pole signs erected after April 17, 2001 will be
permitted upon approval of a conditional use permit.
b. A sign face with changeable copy exceeding thirty (30)
percent of the gross surface area of the sign face.
C. Pole signs on property zoned Neighborhood
Commercial, Community Commercial and Highway
Commercial and located adjacent to Highway 121
(excluding from a point 2,400 feet due south of the
southern right-of-way of Timberline Drive south to the
city limit line), Highway 360 and Highway 114 (excluding
Business 114), and F.M. 2499 may be a minimum of
twenty (20) feet in height up to forty (40) feet in height.
Pole signs on property located contiguous to Highway
26 shall be limited to twenty (20) feet in height, except
for Lots 1 and 2, Block 1, Wal-Mart Addition, which shall
have pole signs up to thirty (30) feet in height. For pole
signs exceeding twenty (20) feet in height, the sign
cabinet dimensional requirements shall be a maximum
of thirty-six (36) inches in depth and a maximum gross
surface area of two hundred eighty-eight (288) square
feet. There shall be no minimum or maximum cabinet
width or height regulations for signs approved with a
conditional use exceeding twenty (20) feet in height.
d. Pylon signs on property zoned Community Commercial
located adjacent to Highway 121 (from a point 2,400
feet due south of the southern right-of-way of
Timberline Drive south to the city limit line) with a
planned commercial center designation, may be a
minimum of twenty (20) feet in height up to forty (40)
feet in height. For pylon signs exceeding twenty (20)
feet in height, the sign cabinet dimensional
requirements shall not exceed 24 (twenty-four) feet in
width or height, a maximum of thirty-six (36) inches in
depth and a maximum gross surface area of two
hundred eighty-eight (288) square feet. Such signs
shall be multi -tenant signs and shall conform to the
architectural standards of the shopping center.
a
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Section 60, Sign Standards
091515
e. The Director of Development Services may approve the
replacement of an existing pole/pylon signs, approved
in conjunction with a conditional use permit, with a
monument sign.
e. PROJECTING SIGNS. A sign that is wholly or partly dependent upon
a building for support and which projects more than twelve (12) inches
from such building, but less than forty-eight (48) inches.
f. ROOF SIGNS. A sign fastened to or resting on the roof of a structure.
g. ALL SIGNS. A sign fastened to or painted on a wall of a building or
structure in such a manner than the wall becomes merely the
supporting structure or forms the background surface, and which does
not project more than twelve (12) inches from such building.
h. PORTABLE COMMERCIAL BILLBOARDS. Any sign which is
supported by the ground but not attached to the ground, or other
object which is used primarily to advertise to the general public for
commercial purposes; is of a temporary nature; is not directly
connected to or in relation to or in close proximity to a business,
church, development or other establishment that is being advertised.
i. PORTABLE ON-SITE BUSINESS SIGNS. Any sign supported by the
ground but not attached to the ground or other object, which is of a
temporary nature, and is used for advertising purposes connected to,
adjacent to or in close proximity of the business, church, development
or other establishment that is being advertised.
j. PORTABLE SANDWICH BOARD. A portable sign, consisting of two
panels of equal size, made of painted, decay resistant wood, which
are hinged at the top and placed on the ground or pavement so as to
be self supporting. Portable Sandwich Boards must conform to the
following regulations:
(1) Maximum sign height shall be three (3) feet.
(2) Maximum sign width shall be two (2) feet.
(3) Signs shall not be placed in front of adjoining property. No
portion of the sign shall extend more than three (3) feet from
N.
Section 60
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Section .1 Sign Standards
091515
the building face.
(4) A minimum clear sidewalk width of forty-eight (48) inches shall
be maintained.
(5) Chalkboards may be used for daily changing messages. No
changeable letters on tracks may be used.
(6) Sign must be removed after business hours.
(7) Portable sandwich boards shall be allowed on any
commercially zoned property with frontage on Main Street from
Peach Street to the north and Nash Street to the south, any
property zoned CBD Central Business District and any
commercially zoned property with a historic landmark
subdistrict overlay.
. HISTORIC WALL SIGN. A sign painted directly on a building existing
as of October 18, 1994, which is a restoration of or an exact replica of
a sign advertising a historic former premise or a product. A replica
sign must be documented as a historic sign known to have previously
existed on a building in Grapevine.
1. TEMPORARY DIRECTIONAL SIGNS: A sign supported by the
ground, conforming to the following regulations:
(1) Maximum sign height shall be fifteen (15) feet.
(2) Maximum area: The maximum gross surface of the sign
cabinet shall be sixty-four (64) square feet for signs placed on
State Highways and thirty-two (32) square feet for signs placed
on property fronting streets designated on the City of
Grapevine Thoroughfare Plan.
(3) Permitted locations: Signs shall be located only on property
fronting State Highways or property fronting on streets
designated on the City of Grapevine Thoroughfare Plan.
(4) Maximum number of signs shall be two (2) signs for any
subdivision.
9
Section 60
OW
(5) Minimum spacing shall be one hundred (100) feet measured
radially from all other off-site development signs.
(6) The sign shall be removed upon permits being issued to build
upon ninety-five (95) percent of the lots being advertised.
(7) Temporary Directional Signs are permitted in all zoning
districts.
(8) Permits issued for Temporary Directional Signs shall be issued
for periods of two years. Permits shall become null and void
when permits are issued to build upon ninety-five (95) percent
of the lots in a subdivision being advertised.
(9) Removal of signs: Permittee agrees to remove signs promptly
after the permit expires or is terminated. Permittee submits a
bond with the application in face amount equivalent to the cost
of removing same in the event the sign is not removed within
thirty (30) days expiration or termination of the permit.
The bond is for the benefit of the City, who may recover its costs
incurred in removing same. Permittee, in its application, authorizes
the City to remove the sign and releases the City, its officers, agents,
servants and employees from all injuries and damages for removal of
the same after permittee fails to remove same.
M. PYLON SIGNS. A type of free-standing pole sign erected on one or
more free-standing shafts, posts, poles, or piers, solidly affixed to the
ground which are totally enclosed from view by a decorative cladding
that is a minimum width of 50% (fifty percent) of the width of the
cabinet, if the width of the cabinet is greater than the height of the
cabinet or 100% (one hundred percent) of the width of the cabinet, if
the cabinet width is equal to or less than the height of the cabinet.
n. ELECTRONIC MESSAGE SIGNS. A sign or portion of a sign that
displays an electronic image or video, which may or may not include
text, where the rate of change is electronically programmed and can
be modified by electronic processes. This definition includes
television screens, plasma screens, digital screens, LED screens,
video boards, holographic displays and other similar media.
IN
101 MA
�Zection • ! Sign Standards
091515
advertising siqnjhat is converted to -a sign, display or device,
illuminated, which changes•- or r• by o;
HighwayConverted Digital Billboard only if all of the following conditions
are met:
State
alterationnecessitates the of • off -premise
advertising sign,and
permit.us
• - • • • • . • • • - r • • - • r
unexpired conditional use permit.
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full black in case of •;
based on natural ambient light conditions in compliance
with the following:
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size distance
it
Section 60
1: i
Section .i Sign Standards
091515
• v •I : • r •I on •;
conditions cha
brilliance to cause glare, impair the v7isip7nof 7anordqina
driver, or •
equivalentminimum of 281 trillion color shades and must bffeabtle to
display a hic �solutioj
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• the followingtable:
Digital Display•Resolution Chart
1
1 •
11
Greater than 126 S/f
• v •I : • r •I on •;
conditions cha
brilliance to cause glare, impair the v7isip7nof 7anordqina
driver, or •
equivalentminimum of 281 trillion color shades and must bffeabtle to
display a hic �solutioj
jh quality image with a minimum resolutoom
• the followingtable:
Digital Display•Resolution Chart
Size of Panel11
s1f to 125 s/f
Greater than 126 S/f
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seconds.
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im
Section 60
DRAFT Section 60, Sign Standards
091515
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1. GROSS SURFACE AREA OF SIGNS. The entire area within a single
continuous perimeter enclosing the extreme limits of such sign and in no
case passing through or between any adjacent elements of same. Such
perimeter shall not include any structural elements lying outside the limits of
such sign which do not form any integral part of the display. The gross area
of a sign shall be measured on only one side of a sign, provided however,
that v -shaped signs shall have an angle of ninety (90) degrees or less
between sign faces. When two (2) or more signs are located on a zoning lot,
the gross surface area of all signs on the lot shall not exceed the maximum
gross surface area per street frontage set by the applicable district
regulations, except as is provided by Section 60.C.8. For computing the area
of any wall sign which consists of letters mounted or painted on a wall, the
area shall be deemed to be the area of the smallest rectangular figure which
can encompass all of the letters.
2. HEIGHT OF SIGNS. Sign height shall be measured from ground level at the
base of or below the sign to the highest element of the sign.
3. BUILDING AND ELECTRICAL CODES APPLICABLE. All signs must
conform to the regulations and design standards of the Building Code and
other Ordinances of the City of Grapevine.
. ILLUMINATED SIGNS. Signs shall be shaded wherever necessaryto avoid
casting a bright light upon property located in any residential district or upon
any public street or park. Any illuminated sign located on a lot adjacent to or
across the street from any residential district, which sign is visible from such
Section 60
IIII-Welli
Section •n Standard
091515
residential district, shall not be illuminated between the hours of 11:00 p.m.
and 7:00 a.m.
5. FLASHING OR MOVING SIGNS. No flashing signs, rotating or moving
signs, animated signs, signs with moving lights, or signs which create the
illusion of movement shall be permitted. A sign on which the current time
and/or temperature is indicated by intermittent lighting shall not be deemed
to be a flashing sign if the lighting changes are limited to the numerals
indicating the time, temperature, or message and do not change more
frequently than every fifteen (15) seconds.
Electronic message signs that meet the following criteria shall be exempt
from the requirements of this ordinance:
a. Sign shall not be visible from public rights-of-way.
b. Sign must be on premise.
C. Maximum height: Eighteen (18) inches above grade.
d. Maximum gross surface area: One hundred (100) square feet per
one hundred (100) linear feet of street frontage of the lot. If the
electronic message sign comprises a portion of another sign, the
aggregate area shall not exceed the square footage allowed by the
most restrictive type of sign.
e. Required Setback:
(1) Sign shall be setback a minimum of two hundred (200) feet
from any property line
(2) Sign shall be located a maximum of seventy five (75) feet from
main building.
(3) Sign shall be a minimum of three hundred (300) feet from all
residentially zoned properties, public parks or designated open
space.
Messages cannot be displayed for more than twenty (20) minutes per
hour.
Section 60
DRAFT Section 60, Sign Standards
091515
9. No flashing or strobing shall be permitted.
6. ACCESSWAY OR WINDOW. No sign shall block any required accessway or
window.
7. SIGNS ON TREES OR UTILITY POLES. No sign shall be attached to a
tree, utility pole, or fence post whether on public or private property.
8. CORNER AND THROUGH LOTS. On corner and through lots, each lot line
that abuts a street or highway shall be considered a separate street frontage.
On corner and through lots, restrictions that are phrased in terms of "signs
per zoning lot" shall be deemed to permit the allowable number of signs
facing each street or highway that abuts the lot.
9. METAL SIGNS.
a. Signs constructed of metal and illuminated by any means requiring
internal wiring or electrically wired accessory fixtures attached to a
metal sign shall maintain a free clearance to grade of at least nine (9)
feet. Accessory lighting fixtures attached to a nonmetal frame sign
shall maintain a clearance of at least nine (9) feet to ground.
b. No metal ground shall be located within eight (8) feet vertically and
four (4) feet horizontally of electric wires or conductors in free air
carrying more than forty-eight (48) volts, whether or not such wires or
conductors are insulated or otherwise protected.
10. PERMITTED MONUMENT AND GROUND SIGNS. In all districts where
monument and ground signs are permitted, only one of the two (2) structural
types shall be permitted per lot. More than one monument or ground sign
may be permitted for Planned Commercial Centers provided they meet the
provisions of Section 48, and a Conditional Use Permit is issued.
11. Whenever a sign is damaged by wind, is inadequately maintained, the
construction is faulty, or it is damaged by any other cause, it shall be
declared a public nuisance and the owner shall be required to repair such
sign substantially to its original condition as determined by the Director of
Development Services, or at the owner's election such sign shall be
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removed. A sign which has been permitted to remain in place as a
nonconforming use shall be removed when the sign, or a substantial part of it
is blown down or otherwise destroyed or dismantled for any purpose other
than maintenance operations or for changing the letters, symbols or other
material on the sign. For purposes of this Section 60, a sign or substantial
part of it is considered to have been destroyed only if the cost of repairing the
sign is more than sixty (60) percent of the cost of erecting a new sign of the
same type at the same location.
12. Planned Commercial Centers are defined as having a five (5) acre minimum
size with a combination of retail stores, offices, personal service
establishments and similar uses.
a. It shall be unlawful to attach any sign to or upon any vehicle, trailer,
skid or similar mobile structure where the primary use is to provide a
base for such sign or constitute the sign itself. Such signs attached to
or upon any vehicle or mobile structure shall be prohibited where any
such vehicle is allowed to remain parked along a right-of-way in the
same location, or in the same vicinity, at frequent or extended periods
of time, where the intent is apparent to be one of using the vehicle
and signs for purposes of advertising establishments, services or
products.
b. It shall be an affirmative defense to prosecution under this section if
the owner of the vehicle can show through a log or other
documentation made contemporaneously with the vehicle usage that
the primary use of the vehicle is for delivery of the goods or services
identified on the vehicle, or other bona fide business transportation.
Primary use shall mean more than 50% of the total hours such vehicle
is in use.
C. Exceptions:
Vehicle identification signs attached to or painted upon a
vehicle used for delivery or bona fide business transportation.
2. Political signs in or upon a motor vehicle when not illuminated.
1. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously
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moving objects such as cars, trucks, vans, or boats or other similar objects
for the purpose of identifying, advertising or drawing notice to a place of
business shall not be permitted.
The use of stationary elevated display areas such as podiums, pads, ramps,
and similar features not to exceed five (5) feet in height to advertise cars,
trucks, vans, boats, motorcycles or similar objects for sale for a business
which has received a conditional use permit by the Grapevine City Council
shall be exempt from the requirements of this section.
No sign shall be erected or maintained at any location where by reason of its
position, size, shape or color, it may obstruct, impair, obscure, interfere with
the view of, or be confused with, any traffic control -sign, signal or device, or
where it may interfere with, mislead or confuse traffic.
2. No sign shall be located in any vision triangle formed by the center lines of
any two (2) intersecting streets. At any intersection where at least one of the
intersecting streets is an arterial street (as defined in the Thoroughfare Plan
of the City of Grapevine) the sides of the triangle formed by the center lines
of the intersecting streets shall be one hundred -twenty (120) feet in length as
measure outward from the point of intersection of such center lines along
such center lines. At all other intersections, each of such sides shall be
eighty (80) feet in length.
1. The following signs shall be exempt from the requirements of this section:
082013
(a) Flags, or emblems of a government or of a political, civic,
philanthropic, educational or religious organization, when displayed on
private property.
1) Flags or emblems of a business or corporation when displayed on
private property and accompanied by both the national flag and
the state flag. One business or corporate flag shall be permitted
per lot of record. All flags displayed must follow the rules of
standard flag etiquette and all business or corporate flags shall be
no larger than the accompanying national or state flag.
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(b) Signs of a duly constituted governmental body for traffic or similar
regulatory devices, legal notices, warnings at railroad crossings,
recreational scoreboards for football, baseball fields or other sports
attractions, and city park signage; and other instructional or regulatory
signs having to do with health, hazards, parking, dumping, etc. Off
premise signs or commercial billboards shall not be exempt from this
section.
(c) Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation, provided that the content and
size of the sign do not exceed the requirements of such law, order,
rule or regulation.
(d) Small signs, displayed on private property for the convenience of the
public, including signs to identify entrance and exit drives, parking
areas, one-way drives, restroom, freight entrances, and the like,
(shall) conform to the following regulation:
(1) The maximum height of the sign shall be forty-two (42) inches.
(2) A company logo or name shall not exceed ten percent (10%)
of the sign.
(3) Directional signs, i.e., enter, exit, drive-through, shall have an
arrow indicating the direction of travel.
(4) The maximum gross surface of the sign cabinet shall be five
(5) square feet.
(e) Scoreboards in athletic stadiums.
(f) Temporary political signs regulated by Chapter 20, Article 11, Division
3, of the Grapevine Code of Ordinances.
(g) Signs in the right-of-way regulated by Chapter 20, Article I, Section
20-13.1 of the Grapevine Code of Ordinances.
(h) Permission is granted as a special privilege to any business in a
properly zoned area to display flags, banners and balloons for a
period not exceeding two (2) weeks in any quarter of a calendar year
in connection with special sales being conducted by said business.
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III -Mt
Such signs and their placement must be approved by the Director of
Development Services. Such flags, banners and balloons may be
erected and maintained only during such two (2) week period. Flags,
banners and balloons which advertise a business's grand opening
may be displayed for an extended period not to exceed thirty (30)
days within sixty (60) days of the issuance of a Certificate of
Occupancy for a new business. Flags, banners and balloons which
advertise a business going out of business may extend the two week
period not to exceed thirty days. A permit shall be required.
(i) Permission may be granted by the Director of Development Services
as a special privilege to civic organizations and other nonprofit
organizations to erect signs promoting special events or activities at
the locations and times, and under the conditions specified by the
Director of Development Services. A permit shall be required.
(j) On -premises signs for hospitals as defined in Section 12.A.196 of this
Ordinance.
(k) Historic Replica Signs: A sign designed to replicate or duplicate a
documented, previously existing sign. Such sign shall be located in a
designated historic district and must receive a certificate of
appropriateness from the Historic Landmark Commission and a
permit shall be required
(1) On premise signage consisting of painted roof signs when not visible
from the subject property line, public right-of-way, or public access
easement. A permit shall be required for this form of signage.
(m) Real estate signs not exceeding eight (8) square feet in area or six (6)
feet in height, provided however, that not more than one (1) sign be
placed per street frontage.
2. The following signs are exempt from the zoning permit requirement of
Section 60.A., but shall comply with all of the other regulations imposed by
this section:
(a) Nameplate signs not exceeding two (2) square feet in gross surface
area accessory to a single-family or two-family dwelling.
(b) Nameplate signs not exceeding fifteen (15) square feet in gross
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surface area accessory to a multiple -family dwelling.
(c) On -premises signs when located on property used for agricultural
purposes and pertaining to the sale of agricultural products produced
on the premises.
F. SIGNS IN R-20, R-12.6, R-7.5, R-5.0,R-MODI
PRD -6, PRD -12, and HGT DISTRICTS.
1 FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs:
(a) On -Premise Signs: For churches, convents and other places of
worship, parks, playgrounds, nature preserves, and for multifamily
dwellings in R -MF zoning districts and neighborhood day care centers
and Bed and Breakfast Inns approved with a special use permit in
accordance with Section 49, Special Use Permits, and any use
approved as a conditional use in the HGT District.
(1) Ground signs
(2) Wall signs, except no wall signs shall be permitted in the HGT
District
(b) Development Signs: See definition 60.B.1.(c)
(c) Construction Signs: See definition 60.13 . 1. (d)
(d) Real Estate Signs: See definition 60.B.1.(e).
(e) Subdivision Signs:
(1) Ground signs
HIMMINUN1440• 0:01NJI1111ill
(a) On -Premise: One (1) ground sign per platted lot and one (1) wall sign
per street frontage.
(b) Development: One (1) per subdivision.
(c) Construction: One (1) per each ten (10) platted lots, not to exceed a
total of four (4) signs per subdivision.
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(d) Real Estate: One (1) per platted lot.
(e) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a
total of four (4) signs per subdivision.
(a)
On -Premise Signs:
Thirty-two (32) square feet.
(b)
Development Signs:
Sixty-four (64) square feet.
(c)
Construction Signs:
Thirty-two (32) square feet.
(d)
Real Estate Signs:
Eight (8) square feet.
(e)
Subdivision Signs:
Sixty (60) square feet per sign.
4. MAXIMUM
HEIGHT:
(a) Development Signs: Fifteen (15) feet.
(b) Construction Signs: Twelve (12) feet.
(c) Real Estate Signs: Six (6) feet.
(a) On -Premise: Fifteen (15) feet from the front lot line.
(b) Development: Ten (10) feet from the front lot line.
(c) Construction: Fifteen (15) feet from the front lot line.
(d) Real Estate: Five (5) feet from the front lot line.
(e) Subdivision Sign: Fifteen (15) feet from the front lot line.
6. ILLUMINATION. No sign shall be illuminated except that on -premise signs
may be illuminated with incandescent or fluorescent light.
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G. SIGNS IN THE CBD CENTRAL BUSINESS DISTRICT.
1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs:
(a) Nameplate Signs:
(1) Wall
(b) On -Premise Signs:
(1)
Wall signs
(2)
Ground signs
(3)
Awning, canopy, marquee
(4)
Projecting
(5)
Portable sandwich board
(6)
Historic wall sign
(c) Real Estate Signs:
(1) Wall
(a) Nameplate: One (1) per storefront.
(b) On -Premise Signs: Awning, canopy, marquee, and either one (1) wall
sign per each individual wall for each lease space or one (1)
projecting sign, and one (1) ground sign per platted lot, one (1)
portable sandwich board per building and historic wall signs as
approved by the Historic Preservation Commission.
(c) Real -Estate: One (1) per storefront.
(a) Nameplate: Two (2) square feet.
(b) Projecting Signs: Twenty-five (25) square feet.
(c) Real -Estate: Sixteen (16) square feet.
(d) Wall Signs: Fifteen (15) percent of the wall, except for historic wall
082013 Section 60
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DRAFT Section 60, Sign Standards
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signs approved by the Historic Preservation Commission.
(e) Awning, Canopy and Marquee: Twenty-five (25) percent of the
awning, canopy or marquee.
4. MAXIMUM HEIGHT: No sign shall protrude above the roof or eave line of
the principal structure. Projecting signs shall be a minimum of eight (8) feet
above sidewalk grade and shall not protrude above the roof or eave line of
the principal structure.
(a) Ground Signs: Ten (10) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -
premise signs only.
A. 01 NEIGHBORHOOD, CC COMMUNITY COMMERCIAL, Rrao
RECREATION/AMUSEMENT AND PCD PLANNED COMMERCIAJ
DEVELOPMENT DISTRICTS.
1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs.
(a) Nameplate Signs:
(1) Wall
(b) On -Premise Signs:
(1)
Wall
(2)
Awning, canopy, marquee
(3)
Ground
(4)
Pole (upon approval of a conditional use permit)
(5)
Monument
(6)
Pylon (only permitted in CC Community Commercial District
and in accordance with Section 60.B.2.d.12.d.)
(c) Development Signs: See definition 60.B.1.(c)
(d) Construction Signs: See definition 60.13.1.(d)
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(e) Real Estate Signs: See definition 60.B.1.(e).
(f) Subdivision Signs:
(1) Ground
(a) Nameplate Signs: One (1) per lease space.
(b) On -Premise Signs: One (1) ground, monument or pole sign per
platted lot and one (1) awning, canopy, marquee, sign per lease
space; one (1) wall sign per each individual wall for each lease space,
provided, however, in the case of a Planned Commercial Center
approved pursuant to a conditional use or property zoned CC
Community Commercial, PCD, or HC, the City Council may authorize
and approve one (1) or more additional ground, monument or pole
signs within a platted subdivision where it is determined by the City
Council, after receipt of a recommendation from the Planning and
Zoning Commission, that a need exists for such additional ground,
monument or pole signs in order to properly and adequately inform
and apprise the public relative to the commercial activities being
conducted within the platted subdivision by the issuance of a
Conditional Use Permit.
(c) Development Signs: One (1) per platted lot.
(d) Construction Signs: One (1) per platted lot.
(e) Real Estate Signs: One (1) per platted lot.
(f) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a
total of four (4) signs per subdivision.
(a) Nameplate Signs: Two (2) square feet.
(b) Developments: Sixty-four (64) square feet.
(c) Construction: Sixty-four (64) square feet.
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(d) Real Estate: Sixteen (16) square feet, except that signs located on
lots fronting State Highways 114, 121, 360 and State Highway 26 east
of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet.
(e) Wall: Twenty-five (25) percent of the wall.
(f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy
or marquee.
(g) Subdivision Signs: Sixty (60) square feet per sign.
(a) Development, Construction: Fifteen (15) feet.
(b) Real Estate: Ten (10) feet, except that signs located on lots fronting
State Highways 114, 121, 360 and State Highway 26 east of Texan
Trail/Ruth Wall Street may be fifteen (15) feet.
(a) On -Premise: Ten (10) feet.
(b) Development: Ten (10) feet.
(c) Construction: Fifteen (15) feet.
(d) Real Estate: Fifteen (15) feet.
(e) Subdivision Signs: Fifteen (15) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -
premises signs only.
I FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs:
(a) Nameplate Signs:
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(1) Wall
(b) On -Premises Signs:
(1) Wall
(2) Awning, canopy, marquee
(3) Ground
(4) Pole (upon approval of a conditional use permit; not allowed in
the Grapevine Vintage District)
(5) Monument
(c) Development Signs: See definition 60.B.1.(c)
(d) Construction Signs: See definition 60.6.1.(d)
(e) Real Estate Signs: See definition 60.13.1.(e).
(f) Subdivision Signs:
(1) Ground
(a) Nameplate Signs: One (1) per lease space.
(b) On -Premise Signs: One (1) ground, monument or pole sign per
platted lot and one (1) awning, canopy, marquee sign per lease
space, one (1) wall sign per each individual wall for each lease space.
(c) Development Signs: One (1) per platted lot.
(d) Construction Signs: One (1) per platted lot.
(e) Real Estate Signs: One (1) per platted lot.
(f) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a
total of four (4) signs per subdivision.
3. MAXIMUM GROSS SURFACE AREA:
(a) Nameplate: Two (2) square feet.
(b) Development: Sixty-four (64) square feet.
082013 Section 60
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(c) Construction: Sixty-four (64) square feet.
(d) Real Estate: Sixteen (16) square feet, except that signs located on
lots fronting State Highways 114, 121, 360 and State Highway 26 east
of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet.
(e) Wall: Twenty-five (25) percent of the wall.
(f) Awning, Canopy, Marquee: Fifty (50) percent of the awning, canopy
or marquee.
(g) Subdivision Signs: Sixty (60) square feet per sign.
(a) Development, Construction: Fifteen (15) feet.
(b) Real Estate: Ten (10) feet, except that signs located on lots fronting
State Highways 114, 121, 360 and State Highway 26 east of Texan
Trail/Ruth Wall Street may be fifteen (15) feet.
(c) On -Premise: Awning, canopy, marquee: Thirty (30) feet in HCO
District.
(a) On -Premise: Ten (10) feet.
(b) Development: Ten (10) feet.
(c) Construction: Fifteen (15) feet.
(d) Real Estate: Fifteen (15) feet.
(e) Subdivision Signs: Fifteen (15) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -
premises signs only.
082013 Section 60
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• 60, • Standards
091515
1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs.
(a) Nameplate Signs:
(1) Wall
(b) On -Premise Signs:
(1)
Wall
(2)
Awning, canopy, marquee
(3)
Ground
(4)
Pole (upon approval of a conditional use permit)
(5)
Monument
(c) Development Signs: See definition 60.B.1.(c)
(1) Ground
(2) Pole
(d) Construction Signs: See definition 60.B.1.(d)
(1) Ground
(2) Pole
(e) Real Estate Signs: See definition 60.13.1.(e).
(f) Subdivision Signs:
(1) Ground
(a) Nameplate signs: One (1) per lease space.
(b) On -Premise Signs Excluding Properties Fronting Wall Street: One (1)
ground, monument or pole sign per platted lot and one (1) awning,
canopy, marquee sign per lease space, one (1) wall sign per each
individual wall for each lease space, provided, however, in the case of
a Planned Commercial Center approved pursuant to a Conditional
Use or property zoned CC Community Commercial, PCD or HC, the
City Council may authorize and approve one (1) or more additional
ground, monument or pole signs within a platted subdivision where it
Section 60
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Section.1 Sign Standards
091515
is determined by the City Council, after receipt of a recommendation
from the Planning and Zoning Commission, that a need exists for
such additional ground, monument or pole signs in order to properly
and adequately inform and apprise the public relative to the
commercial activities being conducted within the platted subdivision
by the issuance of a Conditional Use Permit.
(c) On -Premise Signs For Properties Fronting Wall Street: One (1)
monument sign per platted lot and one (1) awning, canopy, marquee
sign per lease space, one (1) wall sign per each individual wall for
each lease space, provided, however, in the case of a Planned
Commercial Center approved pursuant to a Conditional Use, the City
Council may authorize and approve one (1) or more additional
monument signs within a platted subdivision where it is determined by
the City Council, after receipt of a recommendation from the Planning
and Zoning Commission, that a need exists for such additional
monument signs in order to properly and adequately inform and
apprise the public relative to the commercial activities being
conducted within the platted subdivision by the issuance of a
Conditional Use Permit.
(d) Development Signs: One (1) per platted lot.
(e) Construction Signs: One (1) per platted lot.
(f) Real Estate Signs: One (1) per platted lot.
(g) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a
total of four (4) signs per subdivision.
(a) Nameplate Signs: Two (2) square feet.
(b) Development: Sixty-four (64) square feet.
(c) Construction: Sixty-four (64) square feet.
(d) Real Estate: Sixteen (16) square feet, except that signs located on
lots fronting State Highways 114, 121, 360 and State Highway 26 east
of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet.
We
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DRAFT Section 60, Sign Standards
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(e) Wall: Twenty-five (25) percent of the wall.
(f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy
or marquee.
(g) Subdivision Signs: Sixty (60) square feet per sign.
4. MAXIMUM HEIGHT:
(a) Development, Construction: Fifteen (15) feet.
(b) Real Estate: Ten (10) feet, except that signs located on lots fronting
State Highways 114, 121, 360 and State Highway 26 east of Texan
Trail/Ruth Wall Street may be fifteen (15) feet.
(a) On -Premise: Ten (10) feet.
(b) Development: Ten (10) feet.
(c) Construction: Fifteen (15) feet.
(d) Real Estate: Fifteen (15) feet.
(e) Subdivision Signs: Fifteen (15) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -
premises signs only.
K. LI LIGHT INDUSTRIAL, BP BUSINESS PARK AND PID PLANNED INDUSTRIAL
DEVELOPMENT DISTRICTS:
I FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural types of
signs.
(a) Nameplate Signs:
(1) Wall
Section 60
9C
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1111111 PON!! III fillill•lilililiffl����I
(b) On -Premise Signs:
(1)
Wall
(2)
Awning, canopy, marquee
(3)
Ground
(4)
Pole (upon approval of a conditional use permit; not allowed in
the Business Park District)
(5)
Monument
(c) Development Signs: See definition 60.B.1.(c)
(d) Construction Signs: See definition 60.B.1.(d)
(e) Real Estate Signs: See definition 60.B.1.(e)
(f) Subdivision Signs:
(1) Ground
(a) Nameplate Signs: One (1) per lease space.
(b) On -Premise Signs: One (1) ground, monument or pole sign per
platted lot and one (1) awning, canopy, marquee sign per lease
space, one (1) wall sign per each individual wall for each lease space.
However, in the case of a Planned Business Park approved pursuant
to a conditional use permit on property zoned BP Business Park, the
City Council may authorize and approve one (1) or more additional
ground or monument signs within a platted subdivision where it is
determined by the City Council, after receipt of a recommendation
from the Planning and Zoning Commission, that a need exists for
additional ground or monument signs in order to properly and
adequately inform and apprise the public relative to the commercial
activities being conducted within the platted subdivision by the
issuance of a conditional use permit.
(c) Development Signs: One (1) per platted lot.
(d) Construction Signs: One (1) per platted lot.
(e) Real Estate Signs: One (1) per platted lot.
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• 60, • Standards
/•
Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a
total of four (4) signs per subdivision.
(a) Nameplate Signs: Two (2) square feet.
(b) Development: Sixty-four (64) square feet.
(c) Construction: Sixty-four (64) square feet.
(d) Real Estate: Sixteen (16) square feet, except that signs located on
lots fronting State Highways 114, 121, 360 and State Highway 26 east
of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet.
(e) Wall: Twenty-five (25) percent of the wall.
(f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy
or marquee.
(g) Subdivision Signs: Sixty-four (64) square feet per lot.
4. MAXIMUM HEIGHT:
(a) Development, Construction: Fifteen (15) feet.
(b) Real Estate: Ten (10) feet, except that signs located on lots fronting
State Highways 114, 121, 360 and State Highway 26 east of Texan
Trail/Ruth Wall Street may be fifteen (15) feet.
(a) On -Premise: Ten (10) feet.
(b) Development: Ten (10) feet.
(c) Construction: Fifteen (15) feet.
(d) Real Estate: Fifteen (15) feet.
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DRAFT Section 60, Sign Standards
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1
(e) Subdivision Signs: Fifteen (15) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -
premise signs only.
Signs in a Governmental District shall meet the sign requirements of the most
restrictive adjacent or contiguous district, except wall, ground, or monument signs
are permitted for public schools adjacent to any district.
The City Council may authorize and approve a sign that does not comply with the
most restrictive adjacent or contiguous district where it is determined by the City
Council, after receipt of a recommendation from the Planning and Zoning
Commission, that a need exists for such a sign in order to properly and adequately
apprise the public relative to the activities being conducted on the site by issuance
of a Conditional Use Permit.
In accordance with Article 10150-1, Texas Revised Civil Statues Annotated, the
provision of this Section 60 is extended to the extraterritorial jurisdiction of the City
as defined by the Municipal Annexation Act (Art. 970a, Texas Revised Civil Statutes
Annotated.)
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Section 60
DRAFT Section 43, Nonconforming Uses and Structures
091515
�:' .7111111f3171 ! 1 11,
Hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming
structure shall be enlarged, changed, altered, or repaired, except in conformity with the
following regulations:
A. TYPES OF NONCONFORMITY: Any use of land or buildings which does not
conform to use regulations prescribed in this ordinance shall be deemed to be a
nonconforming use.
B. NONCONFORMING STATUS: Any building or structure which does not conform to
the lot area, front yard, side yard, rear yard, coverage, height, floor area ratio on
conforming status. A nonconforming status under the provisions of this ordinance
shall exist:
1 When a use or structure, which does not conform to the regulations
prescribed for the district in which such use or structure is located, was in
existence and lawfully constructed, located, and operating on the effective
date of this ordinance and has since been in regular and continuous use.
2. When a use or structure, which does not conform to the regulations
prescribed in the district in which such use or structure is located, was in
existence at the time of annexation to the City of Grapevine and has since
been in regular and continuous use.
C. REGISTRATION OF NONCONFORMING USES: The operator, owner or owners of
all nonconforming uses of land or buildings shall, within eighteen (18) months of the
effective date of this ordinance, register such nonconforming use by obtaining from
the Building Official a Certificate of Occupancy (nonconforming). Such Certificate of
Occupancy (nonconforming) shall be considered as evidence of the legal existence
of a nonconforming use, as contrasted to an illegal use or violation of this
Ordinance. The Building Official shall maintain a register of all Certificates of
Occupancy issued for nonconforming uses and shall, on written request and
payment of a fee, issue a duplicate certificate to anyone having a proprietary
interest in the property in question. A nonconforming structure need not be
registered.
1 It is the declared purpose of this Ordinance that nonconforming uses be
eventually discontinued and the use of the premises be required to conform
011910 1 Section 43
1
to the regulations prescribed herein having due regard for the investment in
such nonconforming uses. Nonconforming uses shall be discontinued in the
following manner:
a. Any nonconforming use not conducted within a building shall be
discontinued within two (2) years from the date this Ordinance shall
become effective.
b. Any nonconforming use conducted partly within a building and partly
without a building shall be discontinued within five (5) years from the
date this Ordinance shall become effective.
C. Any nonconforming use conducted wholly within a building shall be
discontinued within ten (10) years from the date this Ordinance shall
become effective.
2. A nonconforming use may be occupied, used, and maintained in good repair,
but it shall not be remodeled or enlarged except as hereinafter provided.
3. The right to operate a nonconforming use shall cease and such use shall be
terminated under any of the following circumstances.
a. Whenever a nonconforming use is abandoned, all nonconforming
right shall cease, and the use of the premises shall henceforth be in
conformance to this Ordinance. Abandonment shall involve the intent
of the user or owner to discontinue a nonconforming operation and
the actual act of discontinuance. Any nonconforming use which is
discontinued for, or which remains vacant for a period of six (6)
months shall be considered to have been abandoned.
b. The violation of any of the provisions of this Ordinance or violation of
any Ordinance of the City of Grapevine with respect to a
nonconforming use shall terminate immediately the right to operate
such nonconforming use.
C. Whenever a nonconforming use is changed to a conforming use by
rezoning so as to achieve compliance with the provisions of a new or
different zoning district.
d. Whenever a nonconforming use is changed to a conforming use
under the provision of this section.
011910 2 Section 43
DRAFT Section 43, Nonconforming Uses and Structur
091511
No nonconforming use may be expanded or increased beyond the lot or tract upon
which such nonconforming use is located as of the effective date of this ordinance
except to provide off-street loading or off-street parking space upon approval of the
Board of Adjustment.
All nonconforming uses being expanded under the provisions of this Ordinance shall
comply with the other applicable provisions of this Ordinance.
G. TERMINATION OF NONCONFORMING STRUCTURES:
In the event of damage or destruction of a nonconforming structure to the
extent of sixty (60) percent of the replacement cost of such structure on the
date of such damage, such nonconforming structure may be rebuilt only after
public hearing and favorable action by the Board Of Adjustment as provided
by Section 67A.
2. Whenever a nonconforming structure is determined to be obsolete,
dilapidated, or substandard by the Board of Adjustments, the right to
operate, occupy, or maintain such structure may be terminated by action of
the Board of Adjustment as provided in Section 67A and such structure shall
be demolished.
H. SPECIAL REGULATIONS FOR PUBLIC AND DENOMINATIONAL SCHOOLS: All
public schools, denominational schools having a curriculum equivalent to public
elementary or secondary schools, and all accessory buildings and structures
normally associated therewith, including stadiums and field houses, which are built
and existing on the effective date of this Ordinance, shall be considered as
conforming to the provision of this Ordinance. In the event such school building has
been constructed with lesser front yards, or rear yards, or with greater coverage, of
floor area ratio than herein specified, such building may be altered, remodeled,
enlarged, or increased in height but no provisions herein shall be construed as to
require greater yards, or lesser coverage, or floor area ratio than provided by the
existing construction and building permits shall be issued if in compliance with the
provisions of the building code.
Definitions. As used in this section, the following terms shall have
the respective meanings ascribed to them:
011910 4 Section 43
Section 43, Nonconforming Uses and Structur
091511
Governmental agency shall mean the United States of America,
State of Texas, County of Tarrant, the City of Grapevine, or any
other governmental agency with the ability to exercise eminent
domain powers.
Right-of-way acquisition shall mean the securing of right-of-way
through negotiation, purchase, bargain, trade, donation,
condemnation, or other means by use or threat of eminent
domain, but not including the dedication of right-of-way through
platting or zoning processes.
Damages to the remaindershall mean the diminution or reduction
of value of the remainder property suffered as a result of the
acquisition of a portion of property for a public purpose.
2. Exemption permitted. In the event a right-of-way acquisition by a
governmental agency causes a property or its existing
improvements to be in violation of a City zoning ordinance,
subdivision rule, or other land use regulation or ordinance, the
property shall be exempt from the provision to the extent the
violation is caused by the right-of-way acquisition, subject to the
following:
(A) Zoning Change.
(1) The exemption shall not apply to a property that
undergoes a zoning change initiated by the property
owner subsequent to the right-of-way acquisition;
instead, the property shall have a non -conforming
status to the extent that any nonconformance with
city ordinances resulted from a right-of-way
acquisition by a governmental agency prior to the
rezoning, and shall be treated as a nonconforming
use or structure pursuant to the City's
comprehensive zoning ordinance.
(2) A zoning change initiated by the City shall not cause
a property to lose the exemption provided by this
section for property affected by right-of-way
acquisitions.
011910 5 Section 43
FIT,ZT--,Wj
Section 43, Nonconforming Uses and Structur
091511
(B) Safety Hazard. Nothing in this provision shall be construed
to permit any site element to create a traffic safety hazard
or another life safety hazard.
(C) Compensation for Noncompliance.
(1) The exemption shall not apply to property if the
right-of-way acquisition renders the remainder of the
property unusable, and the governmental agency
compensates the property owner for the damage to
the remainder. Where such compensation is
provided, the property owner is responsible for any
curative measures necessary to bring the property in
compliance with city codes, ordinances, and
regulations.
(2) The exemption shall not apply to the property if the
governmental agency offered compensation to the
property owner for demolition, removal, relocation,
or replacement of improvements or other measures
curative of the violation of City codes or ordinances
caused by the right-of-way acquisition.
(3) For property ineligible for an exemption under this
subsection (C), the development services director is
authorized to:
a. Provide notice to any affected property
owner, lienholder, and/or certificate of
occupancy holder, listing any items of
noncompliance; and
b. File an affidavit in the Tarrant County Deed
Records noting the item(s) of noncompliance,
advising that compensation was paid for such
noncompliance, and that a certificate of
occupancy shall not issue until such
noncompliance is cured. Once the property
and its improvements are brought into full
compliance with all applicable ordinances of
the City, the planning director shall file an
011910 6 Section 43
Section 43, Nonconforming Uses and Structur
091511
affidavit in the Tarrant County Deed Records
noting such compliance.
(4) If a property is ineligible for an exemption under this
subsection (C), the building official is authorized to
revoke a certificate of occupancy of any building or
structure for noncompliance with a code, ordinance,
or regulation.
(5) The Building Board of Appeals Commission is
authorized to issue an order of demolition a
minimum of 90 days after the certificate of
occupancy has been revoked for any building or
structure on property ineligible for an exemption
under subsection (C)(1).
3. Effective Date. The provisions of this section shall apply to any
property acquired by eminent domain after January 19, 2010.
-MMI 1. . 0 0 1..
agency
fronting . - Highwav 114,
remodelingapprove such alteration, and any other alterations, enlargements,
or -
011910 7 Section 43
WHEREAS, Section 43 of the Zoning Ordinance of the City of Grapevine regulates
non -conforming uses and structures; and
WHEREAS, Section 60 of the Zoning Ordinance of the City of Grapevine regulates
sign standards; and
WHEREAS, the City Council wishes to amend Sections 43 and 60 of the Zoning
Ordinance; and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Section 43 of the Zoning Ordinance — "Nonconforming Uses and
Structures", is hereby amended by adding Subsection (1)(4), which shall read as follows:
"4. In the event that a right-of-way acquisition by a governmental agency
necessitates the alteration of an existing off -premise advertising sign fronting
on State Highway 114, City Council may approve such alteration, and any
other alterations, enlargements, or remodeling deemed appropriate through
a conditional use permit."
Section 3. That Section 60 of the Zoning Ordinance — "Sign Standards",
Subsection (B)(1)(b) is hereby amended and replaced with the following:
"b. On -premise signs. A permanent sign which directs attention to a business
or profession conducted, or to a commodity or service sold, offered or
manufactured, or an entertainment offered, on the premises where the sign
is located or to which it is affixed. Signs within developments with frontage
on Grapevine Mills Parkway (F.M. 2499), Grapevine Mills Boulevard North,
North State Highway 121 and Freeport Parkway shall be considered on -
premise signs, regardless of the lot on which they are placed, provided the
following conditions are met:
(1) A conditional use for such sign is approved by City Council.
(2) Written permission for the placement of such sign is submitted to the
City by the owner of the property on which the sign is placed."
Section 4. That Section 60 of the Zoning Ordinance — "Sign Standards", is hereby
amended by adding Subsection (B)(2)(o) which shall read as follows:
"o. Converted digital billboard. A legal, nonconforming off -premise advertising
sign that is converted to a sign, display or device, internally illuminated,
which changes the static message or copy by electronic means.
1. A legal, non -conforming advertising sign may be altered to a
Converted Digital Billboard only if all of the following conditions are
met:
the existing legal, non -conforming advertising sign fronts State
Highway 114,
ii. a right-of-way acquisition by a governmental agency
necessitates the alteration of the existing off -premise
advertising sign, and
iii. City Council approves the conversion with a conditional use
permit.
2. A Converted Digital Billboard may only be operated with a valid,
unexpired conditional use permit.
3. All Converted Digital Billboards shall conform to the following
regulations:
ORD. NO. 2
The display must contain a default mechanism that shows full
black in case of a malfunction.
ii. The display must automatically adjust the sign brightness
based on natural ambient light conditions in compliance with
the following formula:
Digital advertising signs shall not operate at brightness levels
of more than 0.3 foot candles above ambient light, as
measured using a foot candle meter at a pre-set distance.
Pre-set distances to measure the foot candles impact vary with
the expected viewing distances of each size sign.
Measurement distance criteria:
Face Size
Distance to be measured from
12'x 25'
150'
10'6" x 36'
200'
14 x 48'
250'
Each digital advertising display must have a light sensing
device that will adjust the brightness as ambient light
conditions change.
iii. The face may not display light of such intensity or brilliance to
cause glare, impair the vision of an ordinary driver, or
constitute a nuisance.
iv. The display must have a full color display able to display a
minimum of 281 trillion color shades and must be able to
display a high quality image with a minimum resolution
equivalent to the following table:
Digital Display Sign Resolution Chart
Size of LED Panel Maximum Pixel Size
100 s/f to 125 s/f 16 mm
Greater than 126 s/f 19 mm
V. Each message must be displayed for a minimum of eight
seconds.
vi. Changes of message must be accomplished within two
seconds.
ORD. NO. 3
vii. Changes of message must occur simultaneously on the entire
sign face.
viii. No flashing, dimming, or brightening of message is permitted
except to accommodate changes of message.
ix. Ticker tape streaming and streaming video are prohibited.
X. Converted Digital Billboard operators must respond to a
malfunction or safety issue within one hour after notification.
4. Before the issuance of a sign permit for a Converted Digital Billboard,
the applicant shall provide written certification from the sign
manufacturer that:
the light intensity has been factory programmed to comply with
the maximum brightness and dimming standards in the formula
in this subsection; and
ii. the light intensity is protected from end-user manipulation by
password -protected software, or other method satisfactory to
the building official."
Section 5. That Section 60 of the Zoning Ordinance — "Sign Standards",
Subsection (C)(5) is hereby amended and replaced with the following:
5. Flashing or moving signs. No flashing signs, rotating or moving signs,
animated signs, signs with moving lights, or signs which create the illusion of
movement shall be permitted. A sign on which the current time and/or
temperature is indicated by intermittent lighting shall not be deemed to be a
flashing sign if the lighting changes are limited to the numerals indicating the
time, temperature, or message and do not change more frequently than
every fifteen (15) seconds.
Electronic message signs that meet the following criteria shall be exempt
from the requirements of this subsection:
a. Sign shall not be visible from public rights-of-way.
b. Sign must be on premises.
C. Maximum height: Eighteen (18) inches above grade.
d. Maximum gross surface area: One hundred (100) square feet per one
hundred (100) linear feet of street frontage of the lot. If the electronic
message sign comprises a portion of another sign, the aggregate area
ORD. NO. 4
...........
shall not exceed the square footage allowed by the most restrictive
type of sign.
e. Required Setback:
(1) Sign shall be setback a minimum of two hundred (200) feet
from any property line.
(2) Sign shall be located a maximum of seventy-five (75) feet from
main building.
(3) Sign shall be a minimum of three hundred (300) feet from all
residentially zoned properties, public parks or designated open
space.
Messages cannot be displayed for more than twenty (20) minutes per
hour.
g. No flashing or strobing shall be permitted
h. Converted Digital Billboards that meet the requirements of this
Section 60 are exempt from the requirements of this subsection."
Section 6. That all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect; provided,
however, that the ordinance or ordinances under which the cases currently filed and
pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed
only when all such cases filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal.
Section 7. That any person, firm or corporation violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense
shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 8. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 9. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
ORD. NO. 5
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY 01
GRAPEVINE, TEXAS on this the 15th day of September, 2015.
•••• Q
ATTEST:
ORD. NO. 6