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Home My Public Portal AboutOrdinance No. 1127-08 10-14-2008 ORDINANCE NO. 1127-08 AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE OF THE CITY OF RICHLAND HILLS, AS AMENDED, BY AMENDING DIVISION 3 OF ARTICLE III OF CHAPTER 62 OF THE CITY CODE TO PERMIT THE DISPLAY OF NON-ILLUMINATED SIGNS NOT EXCEEDING THREE SQUARE FEET (3') IN SIZE TO ADDRESS THE SALE, LEASE, OR PROPOSED SALE OR LEASE OF ANY REAL PROPERTY INTEREST REGARDING SUCH LOT; 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 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 deems it necessary to adopt this ordinance amending such sign regulations of the City to permit property owners to place a sign on residential lots to address any issues relating to the sale or lease of any interest in such lot; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1) ADDITION OF SIGN PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Section 62-175 is hereby added, which new section shall provide as follows: (a) In addition to the sign or signs otherwise permitted by this Chapter, Owners of a lot zoned as a Commercial (C-1 Restricted Commercial, C-2 General Commercial, and/or C-3 Multi-Story General Commercial) Zoning district, or as an Industrial (I-1 Light Industrial or I-2 Heavy Industrial) Zoning district, and/or a PUD Planned Unit Development i Zoning district may erect and maintain the following additional signs: (1) no more than three non-illuminated signs each not to exceed three (3') square feet in size on the lot directly relating to the sale, lease or proposed sale or lease of mineral rights regarding such lot; and (2) one non-illuminated banner sign directly relating to the sale, lease or proposed sale or lease of mineral rights regarding such lot, not to exceed forty (40') square feet in size. For purposes of this section only, the term "banner sign" shall include plastic inserts specifically designed for chain link fencing signage, which may be affixed to a chain link fence to display the appropriate message. No permit or permit fee is required. (b) Such additional signs shall be permitted for the greater of the following: (1) one hundred eighty (180) days each calendar year; or (2) until such time as the sale or lease is concluded, or until negotiations regarding the proposed sale or lease are concluded. (c) On lots where a sidewalk exists within the street right-of--way, any such sign shall be located between the sidewalk and the primary structure, and no closer than three feet (3') to the edge of such sidewalk. On lots where no sidewalk exists within the street right-of--way, the sign shall be located at least three feet (3') from the edge of the street pavement. Each such sign shall be located so as not to interfere with any driveway, fire lane, or required parking spaces. SECTION 2) AMENDMENT OF SECTION 62-191 Section 62-191(c) of Division 3 of Article I of Chapter 62 of the Richland Hills City Code is hereby to provide as follows: Section 62-191. Scope. (c) Owners of property in a nonbusiness zoned district shall only erect signs listed in sections 62-192 through 62-199. The remainder of Section 62-191 shall remain unchanged. SECTION 3) ADDITION OF SIGN PERMITTED IN RESIDENTIAL DISTRICTS Section 62-199 is hereby added, which new section shall provide as follows: (a) Owners or occupants of a residentially zoned lot may erect no more than three (3) non-illuminated signs each not to exceed three (3) square feet in size in the front or side yards to address any issues or developments directly relating to the sale, lease or proposed sale or lease of mineral rights regarding such lot, for the greater of the following: (1) one hundred eighty (180) days each calendar year; or (2) until such time as the sale or lease is concluded, or until negotiations regarding the proposed sale or lease are concluded. No permit or permit fee is required. (b) On lots where a sidewalk exists within the street right-of--way, any such sign shall be located between the sidewalk and the primary structure, and no closer than three feet (3') to the edge of such sidewalk. On lots where no sidewalk exists within the street right-of--way, any such sign shall be located at least three feet (3') from the edge of the street pavement. SECTION 4) 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 5) 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 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 6) 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. SIGN ORDINANCE REVISION REGARDING MINERAL INTEREST SIGNS C:\DOCUMENTS AND SETTINGS\LCANTU\1,OCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\CQ2MLSSZ\S[GN ORDINANCE REVISION REGARDING MINERAL INTEREST SIGNS TGS 2008 10 14 08 FINAL. WPD -Page 3 r SECTION 7) 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 8) 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 by law in the official newspaper of the City of Richland Hills. SECTION 9) 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. PASSED AND APPROVED ON THIS 14th DAY OF October , 2008. HONORABLE D ID L. RAGAN, MAYOR ATT T: INDA CANTU, CITY SECRETARY ~ t- ~ EFFECTIVE DATE: a. O~ x v APPROVE AS O FORM AND LEGALITY: ilnnlnn,~~ TIM G. SRALLA, CITY ATTORNEY SIGN ORDINANCE REVISION REGARDING MINERAL INTEREST SIGNS C:\DOCUMENTS AND SETTINGSV.CANTU\LOCAL SETTINGS\TEMPORARY INTERNET F[LES\CONTENT.OUTLOOK\CQ2MLSSZ\SIGN ORDINANCE REVISION REGARDING MINERAL INTEREST SIGNS TGS 2008 ] 0 14 08 FINAL. WPD -Page 4