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Home My WebLink AboutAM2018-03:) 11...11..11: IIS „# , 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 15, 2018 SUBJECT: ZONING ORDINANCE AMENDMENT AM18-03 AMENDMENTS TO SECTION 43 NON CONFORMING USES AND STRUCTURES AND SECTION 60 SIGN STANDARDS RECOMMENDATION: Staff recommends that the Planning and Zoning Commission and the City Council approve amendments to Section 43, Nonconforming Uses and Structures and Section 60, Sign Standards and take any other action necessary. BACKGROUND INFORMATION: These amendments are consistent with and pursuant to the settlement of the pending lawsuit, Clear Channel Outdoor, Inc. v. City of Grapevine. Section 43, Nonconforming Uses and Structures: This amendment is relative to an existing billboard structure fronting State Highway 114 which was the subject of a 2010 right-of-way acquisition by the State. Staff has been directed to amend the appropriate sections of the Zoning Ordinance to allow for the potential conversion of this structure to a digital billboard with cabinet dimensions of 14 feet by 48 feet (672) square feet. This amendment clarifies a previous amendment and further limits its applicability. Section 60, Sign Standards: Section 60, Sign Standards is being amended to provide a narrowly defined set of criteria to regulate the conversion of existing billboard structures to digital billboard signs. Key specific criteria based on peer ordinances and industry standards include: • The existing (in whole or in part) legal, nonconforming sign fronts on SH 114 • A 2010 right-of-way acquisition necessitates the alteration of the sign • Converted billboard signs are permitted only along SH 114 and must be at least 9,000 feet from any other converted billboard. :) 11...11..11: IIS „# , DRAFT Section 43, Nonconforming Uses and Structures 0515'18 affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under this subsection (C), the building official is authorized to revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation. (5) The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or structure on property ineligible for an exemption under subsection (C)(1). 3. Effective Date. The provisions of this section shall apply to any property acquired by eminent domain after January 19, 2010. 4. In the event that a 2014 right-of-way acquisition by a governmental agency necessitates the alteration or redevelopment of an existing off -premise advertising sign existing in whole or in part and 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. 091515 7 Section 43 CC II11# ', 22 :) 11...11..11: IIS „# , a. CONVERTED DIGITAL BILLBOARD. An existing off -premise advertising sign existing in whole or in art that is converted to a sign, display or device, intemally illuminated, which changes the static message or copy by electronic means. 1. An off-Dremise existing advertising sign existing in whole or in Bart may be altered or redeveloped to a Converted Digital Billboard only if all of the following conditions are met: i. the advertisin si n exists in whole or in art and existing adveFtiGiRg .gn-fronts State Highway 114, ii. a 2010 right-of-way acquisition by a governmental agency necessitates the alteration or redevelo ment of the existing off -premise advertising sign, aAd iii. City Council approves the conversion with a conditional use permit, and iv. Converted Digital Billboards are,permitted onhLqn State Highway 114 and any Converted Digital Billboard must be at least 9.000 -feet from anv other convertedDi ital Billboard as measured on either side of State Hi hwa 114. 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 -• • i. The display must contain a default mechanism that shows full black in case of a malfunction. 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. 051617 :��)Z,11...11..11: IIS „# , ORDINANCE NO. 2018-044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMREHENSIVE 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; AMENDING SECTION 60, SIGN STANDARDS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 43 of the Zoning Ordinance regulates nonconforming 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 Section 43 and Section 60 of the Zoning Ordinance also known as Appendix "D" of the City Code of Grapevine, Texa; 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. ollows: "4. In the event that a 2010 right-of-way acquisition by a governmental agency necessitates the alteration or redevelopment of an off -premise advertising sign existing in whole or in part and fronting on State Highway 114, City Council may approve such alteration, and any other alterations, :��)Z,11...11..11: IIS „# , enlargements, or remodeling deemed appropriate through a conditional use permit. Section 3. That Section 60 of the Zoning Ordinance — "Sign Standards", is hereby amended by revising Subsection (B)(2)(o) to shall read as follows: "o. CONVERTED DIGITAL BILLBOARD. An off -premise advertising sign existing in whole or in part that is converted to a sign, display or device, internally illuminated, which changes the static message or copy by electronic means. 1. An off -premise advertising sign existing in whole or in part may be altered or redeveloped to a Converted Digital Billboard only if all of the following conditions are met: the advertising sign exists in whole or in part and fronts State Highway 114. ii. a 2010 right-of-way acquisition by a governmental agency necessitates the alteration or redevelopment of the existing off - premise advertising sign, iii. City Council approves the conversion with a conditional use permit, and iv. Converted Digital Billboards are permitted only on State Highway 114 and any Converted Digital Billboard must be at least 9,000 feet from any other Converted Digital Billboard, as measured on either side of State Highway 114. [The remainder of this Section shall remain unchanged.] Section 4. 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 5. 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. Ordinance No. 2018-044 2 :) 11...11..11: IIS „# , Section 6. 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 7. 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 15th day of May, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-044 3