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Home My WebLink AboutORD 1976-002 't ORDINANCE � 76-02 AN ORDINANCE PROVIDING FOR THE REGULATION OF OUTDOOR ADVERTISING PURSUANT TO THE HIGHWAY BEAUTIFICATION ACT, AND THE AGREE- MENT OF MAY 2, 1972, BETWEEN THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS; PROVIDING � A SEVERABILIN CLAUSE; AND PROVIDING A PENALTY �"" WHEREAS, the Congress of the United States passed the "Highway Beautifi- cation Act" of Section 131 of Title 23 United States Code (1965); and WHEREAS, pursuant to said act the Texas Legislature passed Senate Bill 3 during the Second Special Session of the 62nd Legislature which authorized the State Highway Commission to enter into an agreement with the Federal Government which agreement would encompass the stated purpose of the "Act" that the State of Texas and its subdivisions would agree to comply with the Act as it relates to size, lighting and spacing of outdoor advertising, commonly referred to as billboards, on certain highways that are encompassed in the National System of Interstate and Defense Highways and Interstate System,and Federal-Aid Primary Highways; and WHEREAS, said Agreement between the State and the United States of America was entered into on May 2, 1972; and WHEREAS, pursuant to said Agreement it is incumbent upon municipalities, as subdivisions of the State, to comply with said legally authorized Agreement; and WHEREAS, the City of Grapevine intends to comply with said Agreement; and �� WHEREAS, the City of Grapevine presently controls the construction of sign �w. through the building code, and the location, size, spacing and other incidental matters through the zoning ordinance which is codified in Chapter 16, Section 1016 thru 10-16-4 of the Grapevine City Code; and WHEREAS, the intention of the City of Grapevine is to pass the hereinafter described ordinance for the sole purpose of complying with the requirements of the Highway Beautifi- cation Act and the Agreement between the United States of America and the State of Texas, and not for the purpose of repealing any part, portion or section of the building code, or any part, portion or section of the zoning ordinance; but that this ordinance will only apply to outdoor advertising specifically covered by the Highway Beautification Act and the Agreement between the United States Government and the State of Texas NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. Definition of Terms. A. The term "Highway Beautification Act" means Section 131 of Title 23, United States Code (1965) and for the purposes of this Agreement, reference is made specifically to Title I of the said � Highway Beautification Act of 1965. ;; � �� B. "National System of Interstate and Defense Highways and Interstate $ystem" means the system presently defined in Sub- section (d) of Section 103 of Title 23, United States Code. C. "Federal-Aid Primary Highway" means any highway within that portion of the State Highway System as established and maintained as a primary highway, including extensions of such system within municipalities, which has been approved pursuant to Subsection (b) of Section 103 of Title 23,United States Code. D. "Erect" means to construct, build, raise, assemble, place, � affix, attach, create, paint, draw or, in any other way, bring into being or establish except when performed incidental to the change of an advertising message or to normal maintenance or � repair of an existing sign. E. "Outdoor Advertising" or "Sign" means an outdoor sign, light display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designated, intended or used to advertise or inform, any part of the advertising or infor- mative contents of which is visible from any place on the main traveled way of the Interstate or Federal-Aid Primary Highway. Said definition of "Outdoor Advertising" does not include official signs or on premises signs. Section 2. Any person, individual, partnership or corporation desiring to erect an outdoor advertisement sign within 660 feet of the nearest edge of the right-of-way of any portion of the Interstate and Primary Highway System of the State of Texas, as designated by the State of Texas at the time the party desires to erect said sign shall comply with the following: A. Furnish sufficient and adequate proof to the City Manager or his +� designated employee that said party has been issued an advertising license by the State of Texas in accordance with the Highway Beauti- r�,. fication Act. B. Comply with all requirements of the city's building code, zoning ordinance and all other applicable ordinances that are not specifically in conflict with this ordinance. C. Additional minimal requirements and standards that must be met and complied with in order for a permit to issue to erect an outdoor advertise- ment sign that comes within the scope of this ordinance are as follows: 1, Prohibited si ns: Which (a) Sig_im�tate or resemble any official traffic sign, signal or device. (b) Signs which are erected or maintained upon trees, or painted or drawn upon rocks or other natural features. 2. Size of sign: (a) Maximum area -1200 square feet "`�" (b) Maximum height - 25 feet (c) Maximum length - 60 feet �""" (d) All dimensions include border and trim but exclude supports (e) Double faced, back-to-back or V - type signs shall be considered as one sign. (f) Signs which exceed 350 square feet in area may not be double faced. 3. $pacing of Signs: �_� (a) Signs may not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device, or which obstruct or interfere with the `"�'�' driver's view of approaching, merging of intersecting traffic. (b) Signs may not be located within 500 feet of any public park, public forest, public playground or scenic area designated as such by the State Highway Department or other Governmental Agency having and exercising such authority, which is adjacent to the highway. (c) Signs may not be erected on the Interstate and Freeway Primary Systems closer than 500 feet apart on the same side of the highway. (d) Signs may not be erected on the non-freeway Primary System in incorporated cities, towns and villages closer than 100 feet apart on the same side of the highway. (e) The above spacing between signs shall not apply to signs separated by buildings, natural surroundings or other obstruct- ions which cause only one sign located within the specified spacing to be visible at any one time. �,,, (f) The above spacing rules do not apply to on-premise or directiona) or other official signs, as defined in Section 131 (c) of the Act, nor shall measurements be made from such signs for the purposes of this agreement. Section 3. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection or paragraph of this ordinance shall be declared invalid, the same shall not affect the validity of the balance of this ordinance. Section 4. That any person, firm or corporation violating any of the terms and provisions of this ordinance shall be fined upon.conviction not less than One Dollar ($1.00) rror more than Two Hundred Dol lars ($200.00). PASSED AND PPROVED b.y the City Council of the City of Grapevine, Texas this the ��day of , 1976. . Ma yor � ATTEST: � � i �" i ty reta r APPROVED AS TO FORM: Cit Attorney