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HomeMy WebLinkAboutORD 2010-063 ORDINANCE NO. 2010-63 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, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 60, SIGN REGULATIONS RELATIVE TO ELECTRONIC MESSAGE SIGNS AND ELEVATED DISPLAY AREAS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine 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; and WHEREAS, the purposes of this ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That 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 is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 60 Sign Regulations is hereby amended by the addition of subsection B.2.n. to read as follows: "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." B. That Section 60 Sign Regulations is hereby amended by amending subsection C.4. in its entirety to read as follows: "4. ILLUMINATED SIGNS. Signs shall be shaded wherever necessary to 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 residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m." C. That Section 60 Sign Regulations is hereby amended by amending subsection C.S. in its entirety to read as follows: "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: Electronic message signs that meet the following criteria shall be exempt from the requirements of this section: (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 ORD. NO. 2010-63 2 (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. (e) Messages cannot be displayed for more than twenty(20)minutes per hour. (f) No flashing or strobing shall be permitted." D. That Section 60 Sign Regulations is hereby amended by amending subsection C.14. in its entirety to read as follows: "14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously 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." Section 2. That any person 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 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or 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 4. 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 and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. ORD. NO. 2010-63 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of October, 2010. APPROVED: le154— William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: _ / John F. Boyle, Jr. City Attorney ORD. NO. 2010-63 4