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
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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
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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