HomeMy Public PortalAboutOrdinance No. 1074-06 12-12-2006
• ORDINANCE NO. 1074-06
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 62 OF THE CITY CODE TO DEFINE CERTAIN
TEMPORARY SIGN RELATED ITEMS; AND TO PERMIT THE
EXPANDED USE OF TEMPORARY BANNER SIGNS, BALLOONS,
STREAMERS AND FLAGS, PORTABLE SIGNS AND AIR SUPPORTED
STRUCTURES BY NEW BUSINESSES; AMENDING THE FEE SCHEDULE
TO PERMIT SUCH TEMPORARY SIGNS AND ITEMS; EXEMPTING
MUNICIPAL AND SCHOOL SIGNS FROM THE PROHIBITION AGAINST
ELECTRONIC MESSAGE BOARDS; 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.
WHF,REAS, 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 has determined that amending the sign regulations contained
• in Chapter 62 of the City Code to permit the expanded use of temporary banner signs, portable signs,
and air supported structures by new businesses subject to certain restrictions and regulations; and
WHEREAS, the City Council has determined that the City and of the Birdville Independent
School District, as public entities, routinely conduct events and activities which have a substantial
impact on the public, and so should be permitted to erect on each separate facility one electronic
message center which may be used to inform the public of such events and activities, and that the
erection of such message centers should be permitted without a separate submission to the City
Council for approval, as is required of electronic message centers in general;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND H1LLS, TEXAS:
SECTION 1.
ADDITION OF NEW DEFINITIONS
Section 62-lof Article I of Chapter 62 of the Richland Hills City Code is hereby amended
by the addition of the following definition:
Air-supported structure means a device or structure composed of flexible or pliable
material which is inflated or the shape of which is maintained by air or other gas,
including but not limited to balloons tethered so that the balloon itself is in contact
with the ground, and devices and structures into which air is continuously or
• periodically injected by fans.
•
New Business means a business or commercial operation which has obtained a new
certificate of occupancy from the City of Richland Hills, based upon a change of fee
or leasehold ownership, provided, however, that none of the following shall be
considered a "new business": (1) assignment or transfer of an existing business or
commercial operation between a person and another person within the third degree
of affinity or consanguinity of the person assigning or transferring such interest; (2)
assignment or transfer of an existing business or commercial operation between a
person and a corporation, company, partnership, or other entity owned in whole or
in part by the person assigning or transferring such interest, or another person within
the third degree of affinity or consanguinity of the person assigning or transferring
such interest; or (3) assignment or transfer of an existing business or commercial
operation between a corporation, company, partnership, or other entity and any
affiliated corporation, company, partnership, or other entity, including any
corporation, company, partnership, or other entity which owns or is owned in whole
or in part by the corporation, company, partnership, or other entity assigning or
transferring such interest.
SECTION 2.
AMENDMENT REGARDING TEMPORARY SIGNS
Section 62-169 of Division 2 of Article III of Chapter 62 of the Richland Hills City Code is
hereby amended to provide as follows:
Sec. 62-169. Temporary signs.
1. Banner signs.
a.. Application and permit fee. No banner signs will be permitted
without a permit, which will not be granted except as expressly
permitted by this section. The permit application for the sign must
include the date the sign will be placed on display, the date the sign
will be removed, a drawing showing the location of the sign, and a
description of the method by which such sign will be anchored or
affixed to the adjacent structures. The permit fees for erecting and
displaying temporary banner signs as provided herein shall be as
provided in the Fee Schedule.
b. Size, materials, placement and anchoring. Banner signs may be
either single or double sided. The area of banner signs shall not
exceed forty (40) square feet per side. Banner signs shall be
constructed of cloth or canvas material and must be anchored in such
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• away that would prevent the sign from moving freely in the wind.
Banner signs must be affixed either to the primary structure or
between permanent poles outside of any right-of--way or easement,
must comply with all setback regulations, may not be located in any
public right-of--way or visibility triangle, and, when viewed from any
public right-of--way, may not block visibility of any traffic control or
device, or of any portion of a public right-of--way.
c. New business advertising banners. During the first six months of
occupancy and operation, upon application and receipt of a permit,
a business shall be permitted to erect one temporary banner sign, or,
if such business is located with street frontage on two streets, two
temporary banner signs, upon obtaining a permit from the City. A
new permit for such a sign shall not be issued within thirty (30) days
of the date that any temporary banner sign was previously displayed
at the occupancy. Upon application and receipt of a permit, during
the second six month period of operation, a business would be
permitted to erect one temporary banner sign for a maximum of thirty
days. Such permit may be renewed only once during such six month
period. Such permit periods may run sequentially.
d. Existing business advertising banners. A business that is not a new
• business as defined in this Chapter shall be permitted to erect one
temporary banner sign at an occupancy three times per calendar year.
Such signs shall be erected a maximum of 15 days for each permit.
A new permit, for such a sign, shall not be issued within 30 days of
the date that any temporary banner sign was displayed at the
property.
e. Going of of Business advertising banners. A business may display
a "going out of business" or "store closing" banner, or similar
message, one time during the existence of that business. Such signs
shall be erected a maximum of sixty (60) days.
2. Balloons, streamers and flags.
a. Application and permit fee. No balloons, streamers or flags (other
than standard size U.S., Texas, City and corporate flags, which shall
be governed by Section 62-141 of this Chapter) will be permitted
without a permit, which will not be granted except as expressly
permitted by this section. The permit application must include the
date the balloons, streamers or flags will be placed on display, the
date the balloons, streamers or flags will be removed, a drawing
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showing the location of the balloons, streamers or flags, and a
description of the method by which such sign will be anchored or
affixed to the adjacent structures. The permit fees for erecting and
displaying temporary banner -signs as provided herein shall be as
provided in the Fee Schedule, provided, however, that if a business
has requested a permit for a temporary banner sign as permitted in
this Chapter, no additional permit fees shall be required.
b. Size, materials, placement and anchoring. The maximum size of
permitted balloons shall be eighty inches in circumference at the
widest point, and the maximum number of permitted balloons shall
be fifty; the maximum size of permitted streamers shall be eighteen
inches in height and thirty-six inches in length, and the maximum
number of permitted streamers shall be ten; and the maximum size of
permitted flags shall be forty-eight inches in height and seventy-two
inches in length, and the maximum number of permitted flags shall
be ten. All such items must be outside of any right-of--way or
easement, must comply with all setback regulations, may not be
located in any public right-of--way or visibility triangle, and, when
viewed from any public right-of--way, may not block visibility of any
traffic control or device, or of any portion of a public right-of--way.
. c. New business advertising balloons, streamers and flags. Upon
application and receipt of a permit, balloons, streamers, and flags
would be permitted for a maximum of thirty days within the first six
months following the date of opening of a new business.
SECTION 3.
TEMPORARY PORTABLE SIGNS
Section 62-172 of Division 2 of Article III of Chapter 62 of the Richland Hills City Code is
hereby amended to provide as follows:
1. Temporary Portable Signs.
a. Application and permit fee. No temporary portable signs will be
permitted without a permit, which will not be granted except as
expressly permitted by this section. The permit application for the
sign must include the date the sign will be placed on display, the date
the sign will be removed, and a drawing showing the location of the
sign. The permit fees for displaying temporary portable signs as
provided herein shall be as provided in the Fee Schedule.
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• b. Size, materials and placement. Temporary portable signs may be
either single or double sided. The area of banner signs shall not
exceed forty (40) square feet per side. Temporary portable signs
must be constructed of durable material, be in good condition, and
placed outside of any right-of--way or easement, must comply with all
setback regulations, may not be located in any public right-of--way or
visibility triangle, and, when viewed from any public right-of--way,
may not block visibility of any traffic control or device, or of any
portion of a public right-of--way. Temporary portable signs may be
off-premises signs, provided, however, that prior to the issuance of
an off-premises temporary sign permit, the applicant must submit a
notarized statement from the owner of the property on which the sign
is to be located authorizing the placement of the sign on the property.
c. New business temporary portable signs. Upon application and
receipt of a permit, during the first initial twelve months of operation,
a new business may erect or display one temporary portable sign for
a maximum of forty days. Such permit may be renewed only twice
during such twelve month period, and no permit shall be issued
within eighty days of the date that the temporary portable sign was
previously displayed.
d. Existing business temporary portable signs. Upon application and
receipt of a permit, during the first initial twelve months of operation,
a new business may erect one temporary portable sign one time a
year for a maximum of 15 days.
SECTION 4.
ELECTRONIC MESSAGE CENTERS
Section 62-173 of Division 2 of Article III of Chapter 62 of the Richland Hills City Code is
hereby amended to provide as follows:
Sec. 62-173. Electronic message centers.
a. Permitted. An electronic message center may be constructed, in whole or
in part, as only with approval of the city council. No electronic message
center will be permitted without a permit, which will not be granted except
as expressly permitted by this section. The permit application for the sign
must include the date the sign will be placed on display, a description of the
design of the sign and the materials form which it will be constructed, and a
drawing showing the location of the sign. The permit fees for displaying
temporary portable signs as provided herein shall be as provided in the Fee
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• Schedule. Except as provided in this section, electronic message centers
shall not be permitted in the City. Except as provided otherwise herein, any
electronic message center shall be included in calculating the allowable
signage for the subject property.
b. Exemptions from Council Approval. The City and the Birdville
Independent School District may, upon issuance of the appropriate permit,
display one permanent electronic message center at each separate facility, in
addition to any other permitted signs, for the purpose of informing the public
of upcoming public events and ceremonies, without the separate consent of
the City Council.
c. Size, materials and placement. Such permitted electronic message center
may flash, change color and scroll, regardless of other provision of this
Chapter. Any electronic message center may be either single or double
sided. The area of such sign shall not exceed forty (40) square feet per side.
Such sign may be either a pole sign or a monument sign, and shall conform
to the appropriate height requirements for such type of sign. Any permitted
electronic message center must be constructed of durable material, be in good
condition, and placed outside of any right-of--way or easement, must comply
with all setback regulations, may not be located in any public right-of--way
or visibility triangle, and, when viewed from any public right-of--way, may
• not block visibility of any traffic control or device, or of any portion of a
public right-of--way. Only one electronic message center shall be allowed on
any lot.
SECTION 5.
PERMIT FOR TEMPORARY AIR-SUPPORTED STRUCTURES
Section 174 of Division 2 of Article III of Chapter 62 of the Richland Hills City Code is
hereby added, and shall provide as follows:
During the initial twelve months of operation, a business fronting Highway 121
which is located in the 1-1 Light Industrial or I-2 Heavy Industrial zoning districts
may erect and display along such Highway 121 frontage one air-supported structure.
Such structure shall not exceed twenty-five feet in height or eight feet in width or
length. Such structure shall not contain any signs or lettering of any form, including
the name of the business, a description of merchandise or services being sold, or
pricing, except words such as "Now Open", "Grand Opening" or other words
indicating that the business has opened. The permit fees for erecting or displaying
a temporary air-supported structure as provided herein shall be as provided in the Fee
Schedule.
SECTION 6.
ORDINANCE AMENDING SIGN CODE REGARDING NEW BUSINESSES AND ELECTRONIC MESSAGE CENTERS Page 6
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• AMENDMENT OF FEE SCHEDULE
The Fee Schedule attached as Appendix A to the Richland Hills City Code is hereby
amended by amendment of the portions relating to the following sections:
CHAPTER 62. SIGN CODE
Code Section Description Fee
62-169 Permit for any sign, banners or other devices
regulated by this section $50.00
62-172 Permit for any sign regulated by this section $50.00
62-173 Permit for any sign or electronic message
center regulated by this section $50.00
62-174 Permit for any structure regulated by this section $50.00
The remainder of the Fee Schedule shall remain unchanged.
SECTION 7.
. 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 indirect 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 8.
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 such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
RIGHTS AND REMEDIES SAVED
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• 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 10.
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 11.
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 12.
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 Two Thousand Five Hundred Dollars and no cents ($2,000.00) ($500.00) for each violation
of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 13.
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.
PASSED AND APPROVED ON THIS 12 Y OF December , 2006.
~t ~
HONORABLE DAVID . RAGAN, MAYOR
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~1111NHU11U//////
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SLITTER, CITY SECRETARY • • • • • •
~~~.a~~tt111~~~~~~~
EFFECTIVE DATE: December 17, 2006
APP VE AST FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
•
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INVOICE ~~~~~~n~
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: DM50435
FORT WORTH, TX 76102
(s 17) 390-7761 Invoice Date: 1/16/07
• Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/07
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 278426471
RICHLAND HILLS, TX 76118-6237 Sales Rep: 073
Description: 1.2/17/06 #27842647
Attu STACEY HARRISON Publication Date: 1/16/07
12/17/06 #278426471 CITY d
HILFt
SHLAND $48.72
ORDINANCE NO.
AN ORDINANCE OF ~
THE CITY OF
RICHLAND HILLS
TEXAS AMENDING°
cl-nT000E °o of Net Amount: $48.72
FINE CERTAIN
RELMAPTEDARY ITEMS
AND TO PERMIT
THE EXPANDED
USE OF TEMPO-,
RARY BANNER'.
SIGNS, BALLOONS
STREAMERS ANIj
FLAGS, PORTABLE
SIGNS, AND AIR
S"U P P O R T E D
STRUCTURES BY
NEW BUSINESSES
AMENDING THE FED
SCHEDULED TO'
PERMIT SUCH
TEMPORARY SIGNS ..„..:,.,e,,,~„~;,,~~~,ei,.. _
AND ITEMS• EX- r;
EMPTING NfUNICI- 3,
PAL AND SCHOOL GHRISTY L HOLLI~ND
SIGNS FROM THE i (r6¢
PROHIBITION _ tviY C(3A~F•4!~$ION eXP~Rpq
• TRONICT MESSAGE JJIy 91, 20bt3
INGARD
HAT ROTH
S s
ORDNANCE SHALL
BE CUMULATIVE OF
THE STATE OF TEXAS pROVIDING ANSEV' I,
County of Tarrant pROVID NI
GCA
PEN'
ALTY FOR VIOLA-'
ry SAVIINGSO CLDAUSE
Before me, a Nota PI PROVIDING Foci -ounty and State, this day per Wally appeared Lisa Wes Iman, Bid and Legal Coordinator
for the Star-Telegram, I REQU1aEOl
ev LAw •Telegram, Inc. at ort W h, in Tarrant County, Texas; a who, affer being duly sworn, did
depose and say that tl AND PROVIDING, ~ of an advertise nt wa ub shed in the a ove am d a er on the listed dates: BIDS &
DATE. ANY PER-
LEGAL DEPT. STAR TELE! soN FIRM CTIOR p „ p
(817) 390-7320 C O Fi P O R A T I O N
WHO VIOLATES,
DISOBEYS OMITS,
NEGLECTS OR RFr-
FUSES TO COMPLY Signed
WITH OR WHO RE-
SISTS THE EN-
SUBSCRIBED AND SWOP ANY OF THE PRO
vlsloNS of THIS S Saturday, Febru ry , 2
ORDINANCE SHALL
BE FINED NO MORE
SAND FIVE THUN- Notary PUbIiC
DRED DOLLARS
A~$$ND NO CE~NTS
EACH C~~ JIOLATION
Thank You For OF THIS ORDI-
NANCE. EACH DAY
THAT A VIOLATION
IS PERMITTED TO
EEXIST SMALL CON-
STITUTE A SEPA-
pRpgqATggE OFFENSE.
PROVEF,D BY TH~
Remit To: Star-T ~~LLnn~R '~IL~ Customer 1D: C1U08
P.O. ~uX 90.1051 Customer Name: CITY OF RICHLAND HILLS
FORT WORTH, TX 76101-2051 Invoice Number: DM50435
Invoice Amount: $48.72
PO Number:
Amount Enclosed: $
INVOICE ~al3o~i~
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: 281772571
FORT WORTH, TX 76102
X817} 390-7761 Invoice Date: 3/21/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/07
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 28177257
RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073
Description: ORDINANCE NO. 1
Publication Date: 3/21/07
Attu Attn: STACEY HARRISON
Dcseri~tion ~ X~ _ Location Col Depth Linage ~ MtJ bate Amount
ORDINANCE NO. 1074-06 AN ORDIN 13580 1 120 12U LINE $0.~3 $63.6G
ORpINANCE NO. The Ci y SecrewrryY of
1074-?p~1gC the City of Rk:hland
ATHE RD CIATY E F Hills Is direct®d to
publish the caption,
RICHLAND HILLS enalty clause, pub- violatbn of this Ordi-
TEXAS AMENDIN~ Pcation clause and Hance. Each day that Net AmOUnt• $63.60
.SECTION 62 OF TH effective date of this avlotation is permitted
CITY CODE TO DE- ~ Ordinance to the ex, to exist shall consti-
FINE CERTAIN 'tent required by law, tutu a aeparafe of-
TEMPORARY SIGN ! SECTION 11. fense.
RELATED ITEEMS• PUBLICATION IN SECTION 13
AND TO PERMT` ! BOOK OR PAM- EFFECTIVE DATE
THE EXPANDED pHLET FORM This ordinance shall be
USE OF TEMPO- The Ci y Secret~earY of in full force and effect
RARY BANNER the City of RichfaVld from and after its
SIGNS, BALLOONS Hills is hereb au- passage ,and publi-
STREAMERS ANC thorized to publish this cation as reqquired by
FLAGS, PORTABLE ordinance and the law, and it is so
SIGNS AND- ' AIR exhibits. to this ordi- ordained.
SUPPORTED PASSED AND AP-
STRUCTURES BY 'Hance in book or PROVED QN THIS 12
NEW BUSINESSES• pamphlet form for DAY OFD CEMBER,
AMENDING THE FED general distribution 2006
SCHEDULE TO 'among the ppublic, and
PERMIT SUCH the operative provi-
TEMPORARY SIGNS alone of this ordinance
and the exhibits to this
AND ITEMS• EEX- 'ordinance as so _ "„"••c°P""`"""'""~-;'
EMPTING fv~UNICI- .published shall be
PAL AND SCHOOL ,admissible in evi- r `1Gi LAPiU
SIGNS FROM THE I ~NRI~iY ~ ~
PROHIBITION deuce in all courts
AGAINST ELEC- `^~ithout further proof i _ ~t, fifty SIG t{ i tit-...
than the production
TRONIC MESSAGE thereof. i ~ JUI} ,',1 2{yf'.^.'
BOARDS; PROVED- SE TION 12. -
ING THAT THIS
LATI ON -~.~-m,•...~...-,,.~.w...-. .
ORDINANCE SHALL PENAL Y FOR VIO- -
BE CUMULATIVE OF IAny person, firm or
ALL ORDINANCES, corporation who via
PROVIDING A SEV- lates, disobeys, omits,
ERABILITY CLAUSE; neglects or refuses to
PROVIDING APEN- comply with or who
ALTY FOR VIOLA- .resists the enforce-
TION• PROVIDING A ment of~ any of the aunty and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator
SAVINGS CLAUSE• rovisions of this Or-
PROVIDING FOF~ dinance sh a be fine •Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
PUBLICATION A
REQUIRED BY Lq ~ H
n_ Iment was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR
AND PROyIDINCa N ~~r~dd
EFFECTIVE DATE. D alt;t0.00)
SECTI 16 ~S`~~ap) for each
PUBLIC TION ~ ,(1
Signed `\/2_./1]
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, Marc 2 2 7. L~~'t~t~
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: 281772571
• Invoice Amount: $63.60
PO Number:
Amount Enclosed: