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Home My Public Portal AboutOrdinance No. 1028-05 09-27-2005 ORDINANCE N0.1028-05 • AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE OF THE CITY OF RICHLAND HILLS, AS AMENDED, BY AMENDING THE DEFINITION OF "SIGN"; PROVIDING A DEFINITION OF "SIGN INSERT" AND "VISIBILITY TRIANGLE"; PROHIBITING SIGNS IN VISIBILITY TRIANGLES; PROHIBITING SIGNS CONSTRUCTED WITH CERTAIN MATERIALS; PROHIBITING ROOF SIGNS; CLARIFYING THE REGULATIONS APPLICABLE TO DETACHED SIGNS; MODIFYING REGULATIONS REGARDING SUBDIVISION SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, created and operating pursuant to and in accordance with Article XI, Section 5 of the Texas Constitution, the Local Government Code and prior statutes, and other enabling legislation of the State of Texas; and WHEREAS, Section 216.901 of Chapter 216 of the Local Government Code and the inherent powers of self-government granted in the Texas Constitution authorize a municipality to . regulate the number, size, placement, and time permitted for signs in the city; and WHEREAS, the City Council of the City of Richland Hills deems it necessary to adopt this ordinance amending the sign regulations of the City to clarify what signs are governed by the regulations, to prohibit certain dangerous or otherwise undesirable signs, to clarify the requirements applicable to detached signs, and to limit the number of subdivision signs permitted; and WHEREAS, the City Council of the City of Richland Hills has previously adopted Chapter 62 of the Richland Hills City Code, which regulates signs generally; and WHEREAS, the City Council of the City of Richland Hills now desires to amend existing provisions and provide additional provisions relating to the above-referenced types of signs, thereby amending said Chapter 62 of the Richland Hills City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. DEFINITIONS AMENDED Section 62-1 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended by adding or amending, as the case maybe, the following definitions: Sign means any device, flag, banner, light, plaque, poster, or other display, • and any structure supporting any of the same, visible from outside the premises on which it is located either the intent of which or the likely effect of which is to provide information or attract the attention of persons not on such premises. A device, flag, banner, light, plaque, poster, or other display which is located inside of a building shall also be considered a sign if any of the following apply: (1) Such device, flag, banner, light, plaque, poster, or other display is (a) illuminated or backlit, and (b) either has an effective area greater than eight square feet, or the height or width of any single figure, graphic design, picture, letter, word, or symbol on such device, flag, banner, light, plaque, poster, or other display is twelve inches or greater, or (2) such device, flag, banner, light, plaque, poster, or other display is placed less than forty-eight inches from the interior surface of a window or other transparent opening in the building. Sign insert means any obj ect or device that, whether by design or otherwise, maybe inserted into any device, flag, banner, light, plaque, poster, or other display, including one composed of wire or chain link fencing or similar material, in close proximity to other sign inserts such that either the intent or the likely effect of such sign inserts considered together or individually is to provide information or attract the attention of persons not on such premises. Sign inserts shall constitute a "sign" as that term is defined in this chapter. Visibility Triangle means an imaginary triangle which has two sides which • start at the intersection of two streets or a street and a driveway or other street access, following the curb line and measuring twenty feet in length down each respective street, driveway, or other street access, along the nearest edge of the driving surface. The line connecting the end points of these two lines forms the third side of the triangle. SECTION 2. CERTAIN SIGNS PROHIBITED Section 62-4 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended by adding or amending, as the case maybe, the following: The following types of signs are expressly prohibited within the city, and any person who displays or constructs such a prohibited sign, any person who retains or requests any person to display or construct such a prohibited sign, and any person who permits the display or construction of any such prohibited sign on property owned or leased by them commits an offense under this chapter: (14) Signs located in any visibility triangle. • W:\Richland Hills\Ordinance\Sign Ordinance Revisions.2005.9-27-OS.wpd -Page 2 (15) Signs constructed with sign inserts, regardless of the location of the sign. • (16) Signs that are located upon or supported by the roof of a building or its roof support members, or signs that project directly above the roof of a building. SECTION 3. CLARIFICATION OF REGULATIONS FOR DETACHED SIGNS Section 62-167(1) of Article III, Division 2 of Chapter 62 of the Richland Hills City Code is hereby amended to read as follows: Sec. 62-167. Detached signs. Detached signs are permitted in business districts (those districts zoned C-1, C-2, I-1, and I-2) as follows: (1) a. Each separately owned premises with frontage along only one public right-of--way, including both premises with one user and shopping centers and other properties with multiple tenants, is permitted to erect a maximum of either: (1) one detached monument sign, or (2) one detached pole sign, subject to the limits provided in this Chapter, and further subject to the limitations specified in this section. • b. Each separately owned premises with at least 100 feet of frontage along each of two or more public rights-of--way, including both premises with one user and shopping centers and other properties with multiple tenants, is permitted to erect a maximum of either: (1) two detached monument signs, or (2) one detached pole sign and one detached monument sign, subject to the limits provided in this Chapter, and further subject to the limitations specified in this section. If the owner of a property meeting the qualifications contained in this subsection l .b. elects to erect the maximum of two detached signs, the two detached signs allowed may not be placed adjacent to the same public right-of--way. The remainder of Section 62-167 shall remain unchanged. SECTION 4. ROOF SIGNS PROHIBITED IN BUSINESS AREAS Section 62-168(1) of Article III, Division 2 of Chapter 62 of the Richland Hills City Code is hereby amended to read as follows: • W:\Richland Hills\Ordinance\Sign Ordinance Revisions.2005.9-27-OS.wpd -Page 3 Sec. 62-168. Attached signs. • Attached signs are permitted in business areas in accordance with the following provisions: (1) Location. All signs and any figure, graphic design, picture, letter, word, or symbol on such sign shall be mounted parallel to the building surface to which they are attached, and shall project no more than 18 inches from that surface. No sign shall be mounted on or attached to the roof surface or support members, and no part of any sign shall project directly above the roof of a building. The remainder of Section 62-168 shall remain unchanged. SECTION 5. NUMBER OF SUBDIVISION SIGNS LIMITED Section 62-197 of Article III, Division 3 of Chapter 62 of the Richland Hills City Code is hereby amended to read as follows: Sec. 62-197. Subdivision signs. Developers and homeowners groups may erect subdivision signs. Subdivision signs • must be either detached monument signs or attached signs placed on a screening or a decorative wall at the entry to the subdivision. Subdivision signs must be approved by the building official. The effective area of subdivision signs shall be limited to 36 square feet. The effective area of subdivision signs attached to a screening or decorative wall shall be calculated by drawing the largest possible rectangle around the entire message of words including artistic designs and logos. Only one subdivision sign shall be permitted for each street entrance to the subdivision. SECTION 6. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances and such ordinances are hereby repealed. SECTION 7. SEVERABILITY CLAUSE It is hereby declared to be the intention of the Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence • W:\Richland Hills\Ordinance\Sign Ordinance Revisions.2005.9-27-OS.wpd -Page 4 paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or • decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. SAVINGS CLAUSE All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of any ordinance related to signs as they may have been amended or any other ordinance or code provision which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. • SECTION 10. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance of this ordinance as required bylaw in the official newspaper of the City of Richland Hills. SECTION 11. EFFECTIVE DATE This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. • W:\Richland Hills\Ordinance\Sign Ordinance Revisions.2005.9-27-OS.wpd -Page 5 PASSED AND APPROVED ON THIS 2~ DAY OF September , 2005. T E HONORABLE NELDA STRODER, MAYOR ATTEST: ~ ~ ~ a ~ ? r ?~~yy~ ~ x. ~a~~ ~~„~~A9 IA ~P~~ Cry ~ ' ~ ~ • a~Y~~j? I SUTTER CITY SECRETARY ~ ~ ` : " ~ r d.~ " M ? - v EFFECTIVE: October 2, 2005 ~ ' s a ~i APPROVED TO FORM AND LEGALITY: ~`'g~~ TIM G. SRALLA, CITY ATTORNEY • • W:\Richland Hills\Ordinance\Sign Ordinance Revisions.2005.9-27-OS.wpd -Page 6 1028-05 INVOICE o2,Y Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 261088621 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 10/2/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26108862 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Attn Attn: ACCOUNTS .PAYABLE Publication Date: 10/2/05 Description ~ Location Col Depth Linage 117U Rate Amount ORDINANCE NO. 1028-OS AN ORDIN I3580 1 74 74 LINE $0.85 $62.90 ORDINANCE NO. 1028-05 AN ONRDINANCE TER 6P OF THE CIATY Net Amount: $62.90 CODE OF THE CITY HILLS AS I AMEND ED SY AMENDING THf= DEFINITION OF A I DE1~INTION IOF ~SVG SINSBERL"IAT Y TRIANGLE"~ PRO- HIBITING SIGNS IN VISIBILITY TRIAN- GLES• PROHIBITING SIGNS CON- STRUCTED WITH CERTAIN MATERI- ALS• PROHIBITING ROdF SIGNS• CLARIFYING THE ~,.rs~w+,o.m~"°'~i° REGULATIONS AP- PLICABLE TO DE- CH~118TY L. HOLLAND TACHED SIGNS; .~~Y,°"g{; MODIFYING REGU- FdY COMMISSION EXPIRES CATIONS REGARD- ING SUBDIVISION i„y, July $t, 2008 SIGNS; PROVIDING r• •f~~*,.~ THAT THIS ORDI- •',f„~'~,,.` NANCE BE CUMU- THE STATE OF TEXAS O RIDE N AON C E S~; County of Tarrant PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A CATIONS HEREOF• Before me, a Notary PROVIDING A SAV' County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram PROVIDING 4A FoEFE 7r-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, affer being duly sworn, did depose and say that Paovlo'irTVG AN AE ° g of an advertisem nt was published in the above named paper on the listed dates: BIDS & LEGAL DEPT, STAR TLE FECTIVE DATE. ANY (817) 390-7320 C O R PNd R A TII O N WHO VIOLATES, DISOBEYS OMITS, NEGLECTS OR RE- FUSES TO COMPLY Signed WITH OR WHO RE- SISTS THE EN- FORCEMENT OF SUBSCRIBED AND SW( ANY of THE PRO- iIS Saturday, Octo r 0 , 5. _ VISIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN FIVE Notary Public - LARS $500.00)DFOR EACH OFFEENSE. EACH DAY THAT A Thank You For M°`rEO1OTOISEX~ST SHALL CONSTITUTE - A SEPARATE OF- FENSE. PASSED AND APPROVED BY - - - - - - - - - - - THE RICHLAND HILLS CITY COUN- CIL ON SEPTEMBER 27, 2005. _ Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 261088621 Invoice Amount: $62.90 PO Number: Amount Enclosed: