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Home My WebLink AboutORD 2015-053ORDINANCE NO. 2015-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 43, NONCONFORMING USES AND STRUCTURES, AND SECTION 60, SIGN STANDARDS; PERMITTING LIMITED ALTERATION OF NOW CONFORMING SIGNS WITH A CONDITIONAL USE PERMIT; PERMITTING THE INSTALLATION OF ON -PREMISE SIGNS IN CERTAIN DEVELOPMENTS WITH A CONDITIONAL USE PERMIT; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 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: 114. 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: i. 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. 2015-053 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 j 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. 2015-053 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 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. 2015-053 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. 2015-053 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 OF GRAPEVINE, TEXAS on this the 15th day of September, 2015. Willia'M D. Tate Mayor ATTEST: Lld&a' i �2 Tara Brooks City Secretary John F. Boyle, Jr. City Attorney • NO.,Az-66,? 6 i�