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HomeMy Public PortalAboutOrdinance No. 1041-06 01-10-2006 • ORDINANCE NO. 1041-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 62 OF THE CODE OF ORDINANCES PROVIDING FOR THE COMPREHENSIVE REGULATION OF SIGNS; PROVIDING ADDITIONAL DEFINITIONS;PROVIDING FOR ADMINISTRATION AND ENFORCEMENT;PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; ADOPTING APPENDIX H OF THE 2003 INTERNATIONAL BUILDING CODE RELATING TO SIGNS;PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES;PROHIBITING CERTAIN SIGNS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Richland Hills finds that the uncontrolled proliferation of signs is hazardous to users of streets and highways within the City and will adversely affect the safety and efficiency of the City's transportation network; and WHEREAS,the City Council further finds that scenic resources are distributed throughout the City and have contributed greatly to its economic development by attracting permanent residents and new businesses and cultural facilities; and WHEREAS,the City Council further finds that unless the location,number,setback,lighting and size of signs are regulated,the scattering of such signs throughout the City would be detrimental to the preservation of those scenic resources and so to the economic base of the City; and WHEREAS,the City Council has further determined that the proliferation of signs in the City has an adverse effect on adjacent properties; and WHEREAS, the City Council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City; and. WHEREAS, the City Council further finds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, 1111 dissemination of protected speech and other purposes; and WHEREAS, the City Council finds that, in addition to the above findings, the adoption of this ordinance will serve the following purposes: 1. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or man made; 2. To protect adjacent and nearby properties,in particular,residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 3. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles and traffic signs; 4. To enhance the impression of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks,height,and spacing to allow for lighting,ventilation,and preservation of views in a manner consistent with land uses in the various zoning districts; 6. To preserve and enhance the appearance of the City and the public interest in aesthetics,and to control and reduce visual clutter and blight; and 7. To provide institutional entities within the City the ability to communicate public events to the general public; and WHEREAS, the City Council deems it necessary to adopt this ordinance and amend the current sign regulations in order to protect the health, safety, and welfare of the general public; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS,TEXAS: SECTION 1. ADOPTION OF ADDITIONAL DEFINITIONS Section 62-1 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended by the adoption of the following additional definitions: Awning. Means a structure made of cloth, metal or other material possessing characters, letters, illustrations or ornamentations affixed to a building in such a manner that the structure may be raised or retracted to a position against the building. • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 2 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\SIGN ORDIANCE AMENDMENT 1-10-06.WPD • Building Official. Means the Chief Building Official of the City or the Chief Building Official's designee. Canopy. Means a structure other than an awning made of cloth, metal or other material possessing characters, letters, illustrations or ornamentations, with frames affixed to a building and carried by a frame, which is supported by the ground. Marquee. Means a permanent structure extending from part of the roof or wall of a building but not supported by the ground,and constructed of durable material such as metal, plastic or glass. Normal Maintenance Operations. Means the process of keeping a sign in good repair. Maintenance operations include(1) cleaning; (2)painting; (3)repair of parts with like materials in a manner that does not alter the basic design or structure of the sign,provided that the cost of all repairs performed during any consecutive 365 day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location;and(4)replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive three hundred sixty-five-day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location. Examples of actions that are not maintenance operations include,without limitation: (1) converting a sign from a multiple pole structure to a • monopole structure; (2)replacing wooden components with metal components; (3) increasing the area or height of a sign, except for increases in area permitted under subsection(1) above; (4) adding illumination to a non-illuminated sign; (5) adding additional display faces; and (6) converting a sign to utilize animated display or moveable copy technology. Obscene. In this article, means a material or performance defined in Section 43 of the Texas Penal Code, as amended. Sign,Abandoned. Means a sign which either: (a)advertises or identifies a business, lessor,service,owner,product or activity that has,for at least six continuous months, been inactive on the premises on which the sign is located; or (b) inaccurately advertises or identifies the name or type of business,lessor, service,owner,product or activity that is on-going on the premises on which the sign is located. Sign, Construction. Means a sign identifying individuals or companies involved in the design or construction, wrecking, financing or development of premises where such sign is placed. Sign,Dilapidated or Deteriorated. Means a sign which is either: (a)visibly cracked • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 3 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\SIGN ORDIANCE AMENDMENT 1-10-06.WPD ® or damaged, or, in the case of a painted sign, the paint is cracked and peeling, or in the case of wood or similar products, splintered, in such a way as to constitute an unsightly or harmful condition or which renders the sign unsafe; or (b) twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support). Sign, Letter. Means any individual letter or group of letters attached to a building shall constitute a sign.The area of such sign shall be the smallest area encompassing the word in the form of a square, rectangle, triangle, circle or combination thereof. Sign, Nonconforming. Means a sign lawfully existing or under construction on the effective date of the ordinance codified in this Chapter which does not conform to one or more of the provisions of this Chapter. Sign, Real Estate. Means a sign which is used to offer for sale, lease or rent, the premises or portions of the premises upon which the sign is placed. Sign, Temporary Real Estate Direcctional. Means a temporary off-premises sign used to direct traffic to a residential section or subdivision or location in the city. Sign, Temporary. Means a sign constructed of cloth,canvas,light fabric,cardboard, wallboard, or other like materials, with or without frames, and any type sign not • permanently attached to the ground,wall,or building,intended to be displayed for a short period of time only. It does not include a sign constructed of metal or wood. Visibility Triangle. Means an imaginary triangle which has two sides which start at the center point of the intersection of two streets,along the curb line and measuring ten feet in length down each respective street 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. See diagram attached to this article as Exhibit A. The remainder of Section 62-1 shall remain unchanged. SECTION 2. PROHIBITION OF SIGNS ERECTED WITHOUT PERMIT Section 62-4 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended by the addition of the following paragraph: * * * (14) Signs erected without a permit, either prior to or after the adoption of this • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 4 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT 1-10-06.WPD Chapter. (15) Signs on which light is directed toward any public right of way, or which light illuminates a sign to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. (16) Signs which contain or display gestures or words which are obscene as defined in this article. (17) Signs,other than a nameplate and address showing street number,painted on or affixed to a fence, railing or wall which is not a structural part of the building. (18) Signs within any public land or right-of-way,or on any public sidewalk,curb, utility pole, gutter, or street, provided that the city council may grant an exception for special events, and further provided that City informational signs, including signs erected by the departments of public works and public safety are exempt from this subsection, and further provided that movement control,traffic control devices, street signs and directional signs placed by the city or state are also exempt from this section. (19) Signs affixed to a tree, shrub, bush or other living material. (20) Signs which obstruct free and clear vision for drivers of vehicles on public streets or roadways, or at any location whereby reason of position, shape, color, degree, manner or intensity of illumination it may interfere with vehicular or pedestrian traffic; (21) Signs which encroach upon the visibility triangle of any street intersection, except as expressly permitted in such visibility triangle by this Chapter. (22) Signs which use words,phrases, symbols or characters,or employ any lamp or light in such a manner as to interfere with, mislead or confuse traffic. (23) Signs attached to or upon any vehicle, including a trailer, when the primary use of said vehicle is to provide a base for such sign or constitute the sign itself. The remainder of Section 62-4 shall remain unchanged. SECTION 3. INTERNATIONAL BUILDING CODE SIGN PROVISIONS ADOPTED /'as ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 5 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT I-I 0-06.WPD Section 62-6 of Article I of Chapter 62 of the Richland Hills City Code is hereby added,and shall provide as follows: Sec. 62-6. International Building Code Adopted. Appendix H of the International Building Code, 2003 Edition, is adopted, with the exception of the following: (1) Sections H.101.2., subsections 1, 3, 4 and 5, are deleted; (2) The height and size limitations of this Chapter shall be controlling; and (3) Section H110.3, which is amended to read as follows: A roof sign shall not be erected to a height greater than four feet from the roof surface. The area of a roof sign shall not exceed the size permitted for attached signs and shall be applied to the maximum size permitted for attached signs. A copy of the Appendix is incorporated herein by reference. All signs permitted under this article shall be constructed in accordance with the provisions of this Chapter and the International Building Code. In the event of a conflict between this n Chapter and the International Building Code, the provisions set forth in this article shall prevail. In the event that the City Council adopts a later version of the International Building Code, Appendix H of the International Building Code, 2003 Edition, shall be deemed to be deleted, and all provisions of such newly-adopted Building Code relating to signs, including any Appendix, shall be deemed to be adopted and incorporated into this Chapter, except to the extent such provisions are in direct conflict with this Chapter. SECTION 4. PENALTY CLAUSE Section 62-5 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended to provide as follows: Sec. 62-1.S Violation; Penalty Any person, firm, governmental entity, partnership, corporation or other legal entity who violates or refuses to comply with any of the provisions of this Chapter shall be fined not more than Five Hundred Dollars and no cents ($500.00) for each such violation, unless state law imposes a different penalty. Each day that a violation is permitted to exist shall constitute a separate offense. ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 6 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCALSETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT I-10-06.WPD SECTION 5. PROCEDURES FOR ISSUANCE OF PERMIT Section 62-55 of Article II, Division 2, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec. 62-55. Permit Issuance or Denial. The building official shall, within ten working days of the date of receipt of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. The building official shall deny an application if it does not comply with the requirements of this Chapter.A denial and the reasons for the denial shall be noted on the application,and the applicant shall be notified of the denial by notice mailed to the applicant at the address shown on the application or the last known address. SECTION 6. CONTINUANCE OF NON-CONFORMING SIGNS Section 62-93 of Article II, Division 3, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec. 62-93. Continuance of Nonconforming Signs. A sign lawfully existing or under construction on the effective date of this Ordinance which does not conform to one or more of the provisions of this Chapter may be continued in operation and maintained as a legal nonconforming sign.A nonconforming sign shall be allowed to remain until such time as: (1) The sign is abandoned; or (2) The property owner or tenant changes or alters the sign in any manner other than by normal maintenance to the configuration existing at the time of enactment of this Chapter, without a permit to do so; or (3) It is determined by the building official that the sign is illegal or a threat to health, safety, or welfare of the citizens and/or a nuisance in accordance with this Chapter or other applicable law. Upon the occurrence of any of the above,the owner of the property on which the sign is located shall remove the sign upon order of the Building Official. SECTION 7. ,0"6,„ ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 7 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT -10-06.WPD • ABATEMENT OF NUISANCE SIGNS Section 62-148 of Article III, Division 1, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec. 62-148. Nuisance Signs. (a) Deteriorated Signs: A sign that is visible from a public place and that is dilapidated,deteriorated,unsafe,abandoned,or is a hazard to the health or safety of the public, is declared a public nuisance. (b) Abandoned Signs:A sign that is abandoned and is visible from a public place is declared a public nuisance. (c) Offense: A person commits an offense if the person maintains or permits to continue an abandoned sign or a sign in dilapidated or deteriorated condition on property he owns or controls. SECTION 8. ABATEMENT OF NUISANCE SIGNS Section 62-149 of Article III, Division 1, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec. 62-149. Abatement Procedures. (a) If the building official shall determine that any sign is dilapidated, deteriorated,unsafe,insecure,or is a hazard to the public,the building official shall give written notice to the property owner, and, if applicable, the lessee, to repair, replace or remove such sign.If the property owner and lessee fail to remove or repair the sign within ten days after such notice,the building official shall remove the sign at the expense of the owner of the property upon which the sign is located. The building official shall cause any sign,which is an immediate hazard to persons to be removed without notice, and the cost of same shall be paid by the property owner. (b) Any sign which is removed by the building official pursuant to this section shall be impounded and stored for a period of at least thirty days,unless the owner of such sign consents in writing to its disposal prior to such time, or unless the owner redeems the sign in accordance with this section. Records of where such signs are located and when removed shall be kept. The building official shall send a letter to the owner of such sign, if known, or, if not known, to the owner and, if applicable, the lessee, of the premises where such sign was located, giving notice of such impoundment. • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 8 C:\DOCUMENTS AND SETTINGS\MUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\SIGN ORDIANCE AMENDMENT 1-10-06.WPD (c) Any sign may be redeemed by the owner upon payment of the costs of removal, of hauling the sign to storage, and any applicable storage fees. (d) Any sign not reclaimed by the owner thereof within thirty days of the mailing of the notice of impoundment shall be disposed of in accordance with applicable law. SECTION 9. ASSESSMENT OF EXPENSES AND LIEN Section 62-150 of Article III, Division 1, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec. 62-150. Assessment of Expenses and Lien. (a) The city shall be entitled to assess the expenses incurred in abating any violation of this Chapter against the owner of the real estate on which the nuisance is abated, and may assert a lien against the property on which the sign was located for the same. The procedures for assessing such expenses and perfecting a lien shall be as more particularly specified in Texas Health and Safety Code annotated, Chapter 342, as amended, which is adopted and incorporated in this Chapter by reference. (b) The city shall send the owner of the property upon which the work was done a notice by certified mail to the owner of the property at the address listed with the Tarrant Appraisal District, or by hand delivery, or by other method approved by applicable law. If mailed, the notice shall be deemed delivered three days after the date of mailing. The notice shall include: (1) an identification of the property; (2) a description of the violation; (3) a statement that the city abated the condition; (4) a statement of the city's charges and expenses in abating the condition; (5) an explanation of the property owner's right to request a hearing within ten days; and (6) a statement that in the event the owner fails or refuses to pay the expense within thirty days after the first day of the month following ,e•Nk ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 9 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\SIGN ORDIANCE AMENDMENT 1-10-06.WPD • the one in which the work was done, the mayor or his/her designee shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of the expenses so incurred. (c) The lien is security for the expenditures made, and shall bear interest at the rate of six percent per year from the date of assessment until full payment is received by the city. (d) If the property owner contests the reasonableness or correctness of the amount of the assessment and submits a written request within 10 days of the date of the notice of the assessment, the Board of Adjustment shall conduct a hearing on such issue. The Board shall determine the proper amount of the charges to be assessed, based upon a preponderance of the evidence presented, and shall adjust the charges accordingly. (e) When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements. (f) For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the city. The statement of expenses or a certified copy therefore,is prima facie proof of the expenses incurred by the city in doing the work or making the improvements. (g) Any assessment created under this section is in addition to,and not in lieu of, any fines or other penalties imposed by this Chapter or other applicable law. SECTION 10. APPEALS Section 62-151 of Article III, Division 1, of Chapter 62 of the Richland Hills City Code is hereby added, and shall provide as follows: Sec.62-151. Appeals. Any appeal from a decision of the building official under the terms of this chapter must be filed in writing within ten days from the date the party filing such appeal receives notice of such decision. Such appeal shall be determined by the board of adjustment, in accordance with the procedures of the board of adjustment. SECTION 11. VISIBILITY TRIANGLES Section 62-152 of Article III, Division 1, of Chapter 62 of the Richland Hills City Code is • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 10 C:\DOCUMENTS AND SETTINGS\MUTTER\ LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT 1-10-06.WPD hereby added, and shall provide as follows: Sec.62-152. Visibility Triangles. To assure visibility at all street intersections,no sign shall be located in a visibility triangle, except that a pole sign may be located within such visibility triangle if such sign is supported by no more than two poles, and the combined total diameter of all supporting poles is less than one foot,and no part of the sign is lower than ten feet from the ground surface. SECTION 12. AWNING,MARQUEE AND LETTER SIGNS Section 62-168 of Article III, Division 2, of Chapter 62 of the Richland Hills City Code is hereby amended by the addition of the following paragraph: * * * (5) Awning, Marquee and Letter Signs (a) Awning, canopy, marquee and letter signs are permitted in nonresidential zoning districts,provided that awning, canopy, marquee and letter signs are calculated as part of the maximum permitted attached signage. The remainder of Section 62-168 shall remain unchanged. SECTION 13. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code,in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 14. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, 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 City Council without the incorporation in this ordinance of any • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 11 C:\DOCUMENTS AND SETTINGS\KSUTTER\I.00AL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT 1-10-06.WPD • such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 15. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein,or any other ordinances affecting the matters regulated herein 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 16. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause,publication clause and effective date of this Ordinance to the extent required by law. SECTION 17. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this • ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 18. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 19. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 12 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\SIGN ORDIANCE AMENDMENT 1-10-06.WPD • PASSED AND AgiffZOVED ON THIS 10th DAY OF JANUARY 2006. 12( C4 V ie,. �= � r, J- ,fril-re C v : 0� /� ��� = THE ONORABLE NELDA S.STRODER,MAYOR �-il� ,;/. y� ATTEST: � -c ^ rrr�h. UTTER,TRMC, CITY SECRETARY EFFECTIVE DATE: � / a e6 APPROVEI �i FORM AND LEGALITY: 41^ aet TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE AMENDING SIGN CODE REGARDING ABATEMENT AND OTHER MISCELLANEOUS ISSUES Page 13 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\SIGN ORDIANCE AMENDMENT 1-10-06.WPD APPENDIX H SIGNS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. PROJECTING SIGN. A sign other than a wall sign, which SECTION H101 projects from and is supported by a wall of a building or struc- GENERAL lure. s H101.1 t eneral. A sign shall not be erected in a manner that ROOF SIGN. A sign erected upon or above a roof or parapet of would confuse or obstruct the view of or interfere with exit a building or structure. signs required by Chapter 10 or with official traffic signs, sig- nals or dev ices. Signs and sign support structures, together with SIGN. Any letter, figure, character, mark, plane, point, maz- their supp~~rts, braces, guys and anchors, shall be kept in repair quee sign, design, poster, pictorial, picture, stroke, stripe, line, and in pro per state of preservation. The display surfaces of trademazk, reading matter or illuminated service, which shall signs shall be kept neatly painted or posted at all times. be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, so that the same shall H101.2 Signs exempt from permits. The following signs are be used for the attraction of the public to any place, subject, per- t exempt from the requirements to obtain a permit before erec- son, firm, corporation, public performance, article, machine or 1 lion: merchandise, whatsoever, which is displayed in any manner 's 1. Painted nonilluminated signs. outdoors. Every sign shall be classified and conform to the re- quirements of that classification as set forth in this chapter. < 2. Temporary signs announcing the sale or rent of property. SIGN STRUCTURE. Any structure which supports or is ca- 3. Signs erected by transportation authorities. pable of supporting a sign as defined in this code. A sign struc- i• 4. Projecting signs not exceeding 2.5 square feet (0.23 mz). lure is permitted to be a single pole and is not required to be an i 5. The changing of moveable parts of an approved sign that integral part of the building. is designed for such changes, or the repainting or reposi- WALL SIGN. Any sign attached to or erected against the wall a tion~ng of display matter shall not be deemed an altera- of a building or structure, with the exposed face of the sign in a lion. plane parallel to the plane of said wall. 3 SECTION H102 SECTION H103 DEFINITIONS LOCATION H102.1 Get eral. Unless otherwise expressly stated, the fol- H103.1 Location restrictions. Signs shall not be erected, con- ' lowing w~r$s and terms shall, for the purposes of this appen- structed or maintained so as to obstruct any fire escape or any dix, have the m^anings shown herein. Refer to Chapter 2 of the "Window or door or opening used as a means of egress or so as to International Bu~%ling Code for general definitions. prevent free passage from one part of a roof to any other part thereof. A sign shall not be attached in any form, shape or man- ' COMBINATION SIGN. A sign incorporating any combina- ner to a fire escape, nor be placed in such manner as to interfere lion of the features c~' pale, projecting and roof signs. with any opening required for ventilation. DISPLAY SIGN. TI-~ area made available by the sign struc- SECTION H104 ture for the purpose of cisplaying the advertising message. IDENTIFICATION ELECTRIC SIGN. A s.gn containing electrical wiring, but H104.1 Identification. Every outdoor advertising display sign not including signs illuminated by an exterior light source. hereafter erected, constructed or maintained, for which aper- GROUND SIGN. A billboard or similar type of sign which is mil is required shall be plainly marked with the name of the per- . supported by one or more uprights, poles or braces in or upon son, firm or corporation erecting and maintaining such sign and the ground other than a combination sign or pole sign, as de- shall have affixed on the front thereof the permit number issued fined by this code. for said sign or other method of identification approved by the building official. POLE SIGN. A sign wholly supported by a sign structure in • the ground. SECTION H105 PORTABLE DISPLAY SURFACE. A display surface tem- DESIGN AND CONSTRUCTION porarily fixed to a standardized advertising structure which is H105.1 General requirements. Signs shall be designed and regularly moved from structure =o structure at periodic inter- constructed to comply with the provisions of this code for use vals. of materials, loads and stresses. 2003 INTERNATIONAL BUILDING CODE•® 621 APPENDIX H t , . H105.2 Permits, drawings and specifications. Where a er- • mit is required, as provided in Chapter 1, construction docu- SECTION H107 ments shall be required. These documents shall show the COMBUSTIBLE MATERIALS dimensions, material and required details of construction, in- H107.1 Use of combustibles. Wood, approved plastic or plas- cluding loads, stresses and anchors. tic veneer panels as provided for in Chapter 26, or other materi- als of combustible characteristics similar to wood, used for H105.3 Wind load. Signs shall be designed and constructed to moldings, tappings, nailing blocks, letters and latticing, shall withstand wind pressure as provided for in Chapter l 6. comply with Section H 109. ] ,and shall not be used for other or- H105.4 Seismic load. Signs designed to withstand wind pres- namenta] features of signs, unless approved. sures shall be considered capable of withstanding earthquake H107.1.1 Plastic materials. Notwithstanding any other loads, except as provided for in Chapter 16. provisions of this code, plastic materials which burn at a rate no faster than 2.5 inches per minute (64 mm/s) when tested H105.5 Working stresses. In outdoor advertising display in accordance with ASTM D 635 shall be deemed approved signs, the allowable working stresses shall conform to the re- plastics and can be used as the display surface material and quirements of Chapter 16. The working stresses of wire rope for the letters, decorations and facings on signs and outdoor and its fastenings shall not exceed 25 percent of the ultimate display structures. strength of the rope or fasteners. H107.1.2 Electric sign faces. Individual plastic facings of Exceptions: electric signs shall not exceed 200 square. feet (18.6 m~) in 1. The allowable working stresses for steel and wood area. shall be in accordance with the provisions of Chapters H107.1.3 Area limitation. If the area of a display surface 22 and 23. exceeds 200 square feet (18.6 m2), the area occupied or cov- 2. The working strength of chains, cables, guys or steel ered by approved plastics shall be limited to 200 square feet rods shall not exceed one-fifth of the ultimate strength (18.6 m-) plus 50 percent of the difference between 200 of such chains, cables, guys or steel. square feet (18.6 m'-) and the area of display surface. The area of plastic on a display surface shall not in any case ex- H105.6 Attachment. Signs attached to masonry, concrete or teed 1,100 square feet (102 m'-). steel shall be safely and securely fastened by means of metal • anchors, bolts or approved expansion screws of sufficient size H107.1.4 Plastic appurtenances. Letters and decorations and anchorage to safely support the loads applied. mounted on an approved plastic facing or display surface can be made of approved plastics. SECTION H106 SECTION H108 ELECTRICAL ANIMATED DEVICES H106.1 Illumination. A sign shall not be illuminated by other H108.1 Fail-safe device. Signs that contain moving sections or than electrical means, and electrical devices and wiring shall be ornaments shall have fail-safe provisions to prevent the section installed in accordance with the requirements of the ICC Elec- or ornament from releasing and falling or shifting its center of trical Cocle. Any open spark or flame shall not be used for dis- gravity more than 15 inches (381 mm). The fail-safe device play purposes unless specifically approved. shall be in addition to the mechanism and the mechanism's housing which operate the movable section or ornament. The H106.1.1 Internally illuminated signs. Except as provided fail-safe device shall be capable of supporting the full dead for i n Sections 402.14 and 2611, where internally illumi- weight of the section or ornament when the moving mechanism nated signs have sign facings of wood or approved plastic, releases. the area of such facing section shall not be more than 120 square feet (11.16 m') and the wiring for electric lighting shall be entirely enclosed in the sign cabinet with aclear- SECTION H109 ante of not less than 2 inches (51 mm) from the facing mate- GROUND SIGNS rial. The dimensional limitation of 120 square feet (11.16 H109.1 Height restrictions. The structural frame of ground m~) shall not apply to sign facing sections made from flame- signs shall not be erected of combustible materials to a height resistant-coated fabric (ordinarily known as "flexible sign of more than 35 feet (10668 mm) above the ground. Ground face plastic") that weighs less than 20 ounces per square signs constructed entirely of noncombustible material shall not yard (678 g/m') and which, when tested in accordance with be erected to a height of greater than 100 feet (30 480 mm) NFPA 701, meets the requirements of both the small-scale above the ground. Greater heights are permitted where ap- test and the large-scale test, or which, when tested in actor- proved and located so as not to create a hazard or danger to the dance with an approved test method, exhibits an average ublic. • burn time for 10 specimens of 2 seconds or less and aburn- p ing extent of 15 centimeters or less. H109.2 Required clearance. The bottom coping of every ground sign shall be not less than 3 feet (914 mm) above the H106.2 Electrical service. Signs that require electrical service ground or street level, which space can be filled with platform shall comply with the ICC Electrical Code. decorative trim or light wooden construction. 622 2003 INTERNATIONAL BUILDING CODE® ~ APPENDIX H H109.3 Wood anchors and supports. Where wood anchors or H111.3 Extension. Wall signs shall not extend above the top of . supports are embedded in the soil, the wood shall be pressure the wall, nor beyond the ends of the wall to which the signs are treated with an approved preservative. attached unless such signs conform to the requirements for roof signs, projecting signs or ground signs. SECTION H110 ROOF SIGNS SECTION H112 H110.1 General. Roof signs shall be constructed entirely of PROJECTING SIGNS metal or other approved noncombustible material except as provided for in Sections H106.1.1 and H 107.1. Provisions shall H112.1 General. Projecting signs shall be constructed entirely be made for electric grounding of metallic parts. Where com- of metal or other noncombustible material and securely at- bustible materials are permitted in letters or other ornamental tacked. to a building or structure by metal supports such as features, wiring and tubing shall be kept free and insulated bolts, anchors, supports, chains, guys or steel rods. Staples or therefrom. Roof signs shall be so constructed as to leave a clear nails shall not be used to secure any projecting sign to any space of not less than 6 feet (1829 mm) between the roof level building or structure. The dead load of projecting signs not par- and the lowest part of the sign and shall have at least 5 feet allel to the building or structure and the load due to wind pres- . sure shall be supported with chains, guys or steel rods having (1524 mm) clearance between the vertical supports thereof. No net cross-sectional dimension of not less than 3/s inch (9.5 mm) portion of any roof sign structure shall project beyond an exte- diameter. Such supports shall be erected or maintained at an an- rior wall. gle of at least 45 percent (0.78 rad) with the horizontal to resist Exception: Signs on flat roofs with every part of the roof ac- the dead load and at angle of 45 percent (0.78 rad) or more with cessible. the face of the sign to resist the specified wind pressure. If such H110.2 Bearing plates. The bearing plates of roof signs shall projecting sign exceeds 30 square feet (2.8 m'-) in one facial distribute the load directly to or upon masonry walls, steel roof area, there shall be provided at least two such supports on each girders, columns or beams. The building shall be designed to side n.ot more than 8 feet (2438 mm) apart to resist the wind avoid overstress of these members. pressure. H110.3 Height of solid signs. A roof sign having a solid sur- H112.2 Attachment of supports. Supports shall be secured to face shall not exceed, at any point, a height of 24 feet (7315 a bolt or expansion screw that will develop the strength of the mm) measured from the roof surface. supporting chains, guys or steel rods, with a minimum 5/8-inch (15.9 mm) bolt or lag screw, by an expansion shield. Turn buck- H110.4 Height of open signs. Open roof signs in which the les shall be placed in chains, guys or steel rods supporting pro- uniformopen area is not less than 40 percent of total gross area jecting signs. shall not exceed a height of 75 feet (22 860 mm) on buildings of Type 1 or Type 2 construction. On buildings of other construe- H112;.3 Wall mounting details. Chains, cables, guys or steel lion types, the height shall not exceed 40 feet (12 192 mm) • rods used to support the live or dead load of projecting signs are Such signs shall be thoroughly secured to the building upon permitted to be fastened to solid masonry walls with expansion which they are installed, erected or constructed by iron, metal bolts or by machine screws in iron supports, but such supports anchors, bolts, supports, chains, stranded cables, steel rods or shall not be attached to an unbraced parapet wall. Where the braces and they shall be maintained in good condition. supports must be fastened to walls made of wood, the support- H110.5 Height of closed signs. A closed roof sign shall not be ing anchor bolts must go through the wall and be plated or fas- erected to a height greater than 50 feet (15 240 mm) above the tened- on the inside in a secure manner. roof of buildings of Type 1 or Type 2 construction, nor more Hlla.4 Height limitation. A projecting sign shall not be than 35 feet (10 668 mm) above the roof of buildings of'~pe 3, erected on the wall of any building so as to project above the 4 or 5 construction. roof or cornice wall or above the roof level where there is no cornice wall; except that a sign erected at a right angle to the SECTION H111 building, the horizontal width of which sign is perpendicular to WALL SIGNS such a wall and does not exceed 18 inches (457 mm), is permit- . H11L1 Materials. Wall signs which have an area exceeding 40 led to be erected to a height not exceeding 2 feet (610 mm) square feet (3.72 m'-) shall be constructed of metal or other ap- above the roof or cornice wall or above the roof level where proved noncombustible material, except for nailing rails and as there. is no cornice wall. A sign attached to a corner of a build- provided for in Sections H106.1.1 and H107.1. ing and parallel to the vertical line of such corner shall be deemed to be erected at a right angle to the building wall. H111.2 Exterior wall mounting details. Wall signs attached to exterior walls of solid masonry, concrete or stone shall be H112.5 Additional loads. Projecting sign structures which safely and securely attached by means of metal anchors, bolts will be used to support an individual on a ladder or other ser- orexpansion screws of not less than 3/$ inch (9.5 mm) diameter vicing device, whether or not specifically designed for the • and shall be embedded at least 5 inches (127 mm). Wood blocks servicing device, shall be capable of supporting the antici- shall not be used for anchorage, except in the case of wall signs paled additional load, but not less than a 100-pound (445 N) attached to buildings with walls of wood. A wall sign shall not concentrated horizontal load and a 300-pound (1334 N)con- be supported by anchorages secured to an unbraced parapet centrated vertical load applied at the point of assumed or wall. most eccentric loading. The building component to which 623 2003 INTERNATIONAL BUILDING CODER APPENDIX H • the projecting sign is attached shall also be designed to sup- SECTION H115 port the additional loads. REFERENCED STANDARDS ASTM D 635-98 Test Method for H107.1.1 Rate of Burning and/or SECTION H113 Extent and Time of MARQUEE SIGNS Burning of Self-Supporting H113.1 Materials. Marquee signs shall be constructed entirely Plastics in a Horizontal Position of metal or other approved noncombustible material except as provided for in Sections H106.1.1 and H107.1. ICC EC-03 ICC Electrical Code H106.1, H 1.06.2 H113.2 Attachment. Marquee signs shall be attached to ap- proved marquees that are constructed in accordance with Sec- NFPA 701-99 Methods of Fire Test for H106.1.1 tion 3106. Flame Propagation of Textiles and Films H113.3 Dimensions. Marquee signs, whether on the front or side, shall not project beyond the perimeter of the marquee. H113.4 Height limitation. Marquee signs shall not extend more than 6 feet (1829 mm) above, nor 1 foot (305 mm) below such marquee, but under no circumstances shall the sign or signs have a vertical dimension greater than 8 feet (2438 mm). SECTION H114 PORTABLE SIGNS H114.1 General. Portable signs shall conform to requirements for ground, roof, projecting, flat and temporary signs where • such signs are used in a similar capacity. The requirements of this section shall not be construed to require portable signs to have connections to surfaces, tie-downs or foundations where provisions are made by temporary means or configuration of the structure to provide stability for the expected duration of the installation. TABLE 4-A SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS MAXIMUM SIZE OF MINIMUM EXPOSED PANEL THICKNESS Any dimension Area OF GLASS (inches) (square inches) (inches) TYPE OF GLASS 30 500 '/8 Plain, plate or wired 45 700 x/16 Plain, plate or wired 144 3,600 '/4 Plain, plate or wired > 144 > 3,600 '/4 Wired glass For SI: 1 inch = 25.4 mm, ]square inch = 645 mm'-. TABLE 4-B THICKNESS OF PROJECTION SIGN PROJECTION MAXIMUM THICKNESS (feet) (feet) 5 2 4 2.5 r 3 3 2 3.5 1 4 For SI: ]foot = 304.8 mm. 624 2003 INTERNATIONAL BUILDING CODE® i 3 ' i APPENDIX PATIO COVERS x The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION 1101 (89 mm) thick and further provided that the columns do not GENERAL support loads in excess of 750 pounds (3.36 kN) per column. I101.1 General. Patio covers shall be permitted to be detached from or attached to dwelling units. Patio covers shall be used only for recreational, outdoor living purposes and not as car- ports, garages, storage rooms or habitable rooms. Openings shall be permitted to be enclosed with insect screening, ap- proved translucent or transparent plastic not more that 0.125 inch (3.2 mm) in thickness, glass conforming to the provisions of Chapter 24 or any combination of the foregoing. SECTION 1102 DEFINITIONS I102.1 General. The following word and term shall, for the purposes of this appendix, have the meaning shown herein. • PATIO COVERS. One story structures not exceeding 12 feet (3657 mm) in height. Enclosure walls shall be permitted to be of any configuration, provided the open or glazed area of the longer wall and one additional wall is equal to at least 65 per- cent ofthe area below a minimum of 6 feet 8 inches (2032 mm) of each wall, measured from the floor. SECTION 1103 EXTERIOR OPENINGS I103.1 Light, ventilation and emergency egress. Exterior openings required for light and ventilation shall be permitted to open into a patio structure. However, the patio structure shall be unenclosed if such openings are serving as emergency egress or rescue openings from sleeping rooms. Where such exterior openings serve as an exit from the dwelling unit, the patio struc- ture, unless unenclosed, shall be provided with exits conform- ing to the provision of Chapter 10. SECTION 1104 STRUCTURAL PROVISIONS I104.1 Design loads. Patio covers shall be designed and con- structed to sustain, within the stress limits of this code, all dead loads plus a minimum vertical live load of 10 pounds per square foot (0.48 kN/m2) except that snow loads shall be used where such snow loads exceed this minimum. Such patio covers shall be designed to resist the minimum wind and seismic loads set forth in this code. I104.2 Footings. In areas with a frost depth of zero, a patio cover shall be permitted to be supported on a concrete slab on grade without footings, provided the slab conforms to the pro- visions of Chapter 19 of this code, is not less than 3'/z inches 2003 INTERNATIONAL BUILDING CODE® 625 INVOICE I~~~~ii Star-Telegram Customer ID: CIU08 40o w. 7TH STREET Invoice Number: 265031341 FORT WORTH, TX 76102 ~s17> 390-7761 Invoice Date: 1/14/06 Federal TaX 1D 22-31482s4 Terms: Net due in 21 days Due Date: 1/31/06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26503134 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Atm CtRACTF, . GnN7,AI.F,S Publication Date: 1/14/06 Description Locatit~n Col DeI?th Linage '~1Li Rate Amount ORDINANCE NO. 1041-06 AN ORDIN 13580 1 74 74 LINE $0.53 $39.22 ORDINANC ' N 1041~g I REQUIRED gY LqW AN ORDINANCE OF ANQ PROVIDING AN THE CITY OF EF ECTIV~ D TE. RICHLAND HIU~Sg Any person, firm, Net Amount• $39.22 TEXAS AMENDIN4.` 9ovemmental entity, CHAPTER 62 OFF ~iartnership, corpora- •i"HE OODE OF OR- tion or other legal DINANCES PRO- entity who violates or' VIDING FOR THE refuses to comply with COMPREHENSIVE. any of the provisions . REGULATION OF ~ of this Chapter shall SIGNS• PROVIDING be fined not more than ADDITIONAL DEFT-' Five Hundred Dollars NITIONS• PROVID- and no cents ING FOIi ADMINIS- ($500.00) for each TRATION AND EN- such violation, unless F O R C E M E N T• state law imposes a PROVIDING FOIE different penalty. THE ISSUANCE AND Each day that• a wo- REVOCATION OF' lation is permitted to ~ qq~~ exist shall constitute ADOPTING APPEN=' PAygEprat AND a AP- DIX H OF THE 2009 PROVED BY THE INTERNATIONgpL~ rICHLAND HILLS • BUILDING COQE RELATING FFpp CITY COUNCIL SIGNS• PROVIppING~ JANUARY 10, 200e. FOR THE REMQVAL' OF SIGNS• PPqp. i P~ ; VIDING FdR AP- ¢a; CHRISTY L HOLUND PEALS. AND VARI- ANCES; PRIJHIBIT- MY COMMISSION EXPIRE;; ING CERTAIN ,)U!Y 31, 2QQ8 THE STATE OF TEXAS THATS' THIRS ORDIC~- County of Tarrant NANCE SHALL BE ~ ~ ~.a..w.:: _._s; .,t,•---.__ CUMULATIVE OF ALL ORDINANCES; ERABILITY CL4USE• ^ Before me, a Notary Pt, PROVIDING ADENq=~..ounty and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, K TI N PROORVI ~Na A r-Telegram, Inc. at F rt Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that tY PROVIa ~'~o~j U of an advertisem was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TLEG PUBLIC/ ION AS (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Janua 2 06.. Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 265031341 Invoice Amount: $39.22 PO Number: Amount Enclosed: ~