From
Chris Hartmann
Title
TA180601 - Text Amendment - Article 9, Sign Standards. Amendment to the Unified Development Code, Article 9, “Sign Standards”. An Amendment to the Unified Development Code to replace existing standards for signage with new standards governing temporary and permanent signage on residential and non-residential property, defining prohibited signage, murals, billboards, and accent lighting on businesses. (On September 10, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 7-1).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Article 9 of the Unified Development Code governs the design and construction of signage within the City. In response to Council's emphasis on improving the image of Grand Prairie, as well as recent legal challenges to municipal sign codes, several improvements to Article 9 have been developed by staff. These include revising the language of the code to be content-neutral in order to protect the constitutionally guaranteed right to free speech. This is accomplished in the proposed regulations with focus on the size, number, location, and visual appearance of signs rather than the uses to which they relate.
In addition, there is a significantly stronger emphasis on visual aspects of the code with the revised code relying heavily on the use of images in addition to text. Several sign examples are included with each sign type, listing acceptable and not acceptable signs. There is more consistency in how each sign type is presented with each major sign type being given its own individual page, photographic examples and dimensional table. This has the added benefit of insulating the ordinance against the rapidly-changing innovations in sign design, particularly when it comes to temporary signage.
Lastly, there are several signs which staff has identified as not conducive to developing Grand Prairie's image as a quality community, including pole and pylon signs, as well as several types of temporary signs, flags, and advertising devices which would be categorized as "attention-attracting devices." Attention Attracting Devices may include pen flags, streamers, and air dancers. New installations or uses of these sign types would be banned under the proposed code.
Staff originally brought the proposed amendments forward at the May 21, 2018 and August 20, 2018 meetings of Council Development Committee. The entirety of the proposed Article 9 is attached as Exhibit A.
ACTIONS:
At its August 20, 2018 meeting, the City Council Development Committee voted to recommend approval. The amendments were also presented at City Council Briefing Session on September 4th.
At its September 10, 2018 meeting, the Planning and Zoning Commission voted 7-1 (Moser) to recommend approval as presented.
At its September 18, 2018 meeting, City Council voted to table the item for further review by legal staff.
REVISIONS:
Staff made minor revisions to the version included in the September 18th packet, including:
- Made minor changes to definitions for wall signs to futher distinguish wall signs from banners (Sec. 2);
- Amended definition of mural to include the word "artwork" (Sec. 2);
- Included captions under pictures in definitions section (Sec. 2);
- Included timeframe for determining "abandoned signs" (Sec. 7);
- Updated/added pictures for permanent flags, monument signs, and allowed width for wall signs (Sec. 2 and Sec. 9)
- Included language exempting City-operated video boards from size maximums as well as restrictions governing moving images on Electronic Message Boards (Sec. 2)
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 9, “SIGN STANDARDS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990, TO ESTABLISH NEW REGULATIONS FOR COMMERCIAL AND NON-COMMERCIAL SIGNAGE WITHIN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on behalf of the City or by the City Manager's own initiative.”; and
WHEREAS, the City intends to structure and articulate regulations regarding commercial and non-commercial signage to protect First Amendment rights, to be clear and concise, to maintain the beauty of the City by keeping highways and thoroughfares free of visual clutter, and to prevent harmful distractions to motorists; and
WHEREAS, the current regulations found within the Unified Development Code rely heavily on the content of signage in order to be interpreted and potentially create an undue regulation of protected speech; and
WHEREAS, those regulations require frequent revision to account for new and emerging sign technologies, and
WHEREAS, on May 21, 2018, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas, for consideration of a recommendation to the City Council; and
WHEREAS, on August 20, 2018, the City Council Development Committee of the City of Grand Prairie, Texas did consider and recommend approval of the proposed amendments; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments a regularly held meeting on September 10, 2018, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 1 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on September 18, 2018 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, Article 9, “Sign Standards” of the Unified Development Code is amended to read as set forth in Exhibit “A” attached hereto and incorporated herein.
SECTION 2
THAT, any existing sign made non-conforming by the regulations adopted in this ordinance, otherwise known as Article 9, “Sign Standards”, shall be allowed to remain in its current condition as a legally non-conforming sign, provided the sign was legally permitted according to the standards in place at the time of construction, that the sign is and remains in good repair, and that no modification, enlargement, or relocation of the sign is hereafter made that increases the degree of its non-conformity under the article and standards adopted herein.
SECTION 3
THAT, any individual or company which has submitted a valid permit for a sign prior to the date of the adoption of this ordinance shall qualify for issuance of that permit under the conditions established by the prior regulations.
SECTION 4
THAT, any permit submitted for a sign after the date of the adoption of this ordinance shall be issued only upon demonstration that the proposed sign fully complies with all regulations found herein.
SECTION 5
THAT, if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 6
THAT, all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 7
THAT, any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 8
THAT, this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 18th DAY OF SEPTEMBER, 2018.
ORDINANCE NO. 10558-2018
CASE NO. TA180601