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HomeMy WebLinkAboutItem 09 & 35 AM17-01 Section 60 Sign Regulations MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MAY 16, 2017 SUBJECT: ZONING ORDINANCE AMENDMENT AM17-01—AMENDMENTS TO SECTION 60 SIGN REGULATIONS RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider the amendments to Section 60, Sign Regulations relative to converted digital billboards and take any other action necessary. BACKGROUND: On September 15, 2015 Section 60, Sign Regulations was amended to allow the conversion of very specific off-premise signs to digital billboards. At that time, the ordinance permitted such conversion of"legal nonconforming" signs. The City Attorney has determined that this language is not ideal, and has asked that the term "legal nonconforming" be replaced with the word "existing". R:\Agenda\201?\2017-05-16\AM17-01.4.doc 1 be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays and other similar media. o. CONVERTED DIGITAL BILLBOARD. An existing 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 . An existing 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: 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: 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' 091515 Section 60 10 ORDINANCE NO. 2017-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE AMENDING SECTION 60, SIGN STANDARDS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 60 of Ordinance No. 82-73 the Comprehensive Zoning Ordinance of the City of Grapevine regulates sign standards; and WHEREAS, the City Council of the City of Grapevine wishes to amend Section 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 Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same also being known as Appendix"D" of the City Code, is hereby amended by revising Section 60 Subsection (B)(2)(o) to read as follows: "o. CONVERTED DIGITAL BILLBOARD. An existing 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. An existing advertising sign may be altered to a Converted Digital Billboard only if all of the following conditions are met: the existing 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." [The remainder of this Section shall remain unchanged.] Section 3. 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 4. 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 5. 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 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace 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 OF GRAPEVINE, TEXAS on this the 16th day of May, 2017. Ordinance No. 2017-029 2 APPROVED: Mayor William D. Tate ATTEST Tara Brooks, City Secretary APPROVED AS TO FORM: John F. Boyle, City Attorney Ordinance No. 2017-029 3