From
Chris Hartmann
Title
TA180601A - Text Amendment - Amending article 9, “Sign Standards” of the Unified Development Code of the City of Grand Prairie, Texas, to clarify certain regulations regarding the procedure removal or repair of unsafe or nuisance signs. (On July 1, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
OVERVIEW:
This Text Amendment is to improve the language in regards to the removal and enforcement of illegal signs, including signs that are damaged, unsafe, or regarded as nuisance signs. The new language will increase the number of avenues the City can take to getting illegal signs removed, replaced, or fixed. It also clarifies the code in regards to the Building Advisory and Appeals Board and its role in sign removal. The enforcement is being proposed for Section 14.3. The relevant code being added is as follows:
If the Code Compliance Manager, Chief Building Official or designee determines any sign is illegal, unsafe, unsecured, vacant, abandoned, ill maintained or presents a hazard to the public in any way, he/she may provide written notice to correct any violations thereof to the owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located. If the sign is not repaired, made compliant, or removed within the time period specified, then the city official is hereby authorized to take enforcement action as described in the Code of Ordinances Section 1-16. Furthermore, if the sign has not been made compliant, the sign may be brought to the Building Advisory and Appeals Board to cause removal of such sign, and any expense incident hereto shall be paid by the permit applicant, owner of the land, building, or structure to which such sign is attached or upon which it is erected. If it is determined that the sign is an immediate hazard to the general public, the Chief Building Official may have the sign removed summarily and without notice.
Regulations have also been added for banners to further clarify their standards. Additionally, references to Appendix F have been removed as they are no longer valid with the current sign code.
RECOMMENDATION:
The Development Review Committee recommends approval.
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 AMEND THE SIGN STANDARDS SO AS TO CLARIFY CERTAIN REGULATIONS REGARDING REMOVAL OR REPAIR OF UNSAFE/VACANT SIGNS AND BANNER SIGNS; 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 be-half of the City or by the City Manager's own initiative.”; 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, 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 at 6:30 P.M. on September 10, 2018, 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, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 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 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, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
SECTION 5 - DEFINITIONS
11. Changeable Signs:
A. Electronic Message Center (EMC): A panel consisting of individual electronic elements such as Light Emitting Diodes (LED) which are stimulated by electricity to produce controlled light impulses to create a changeable message across a display area. The intention of this code is that an EMC will convey information in a static format with no movement or flashing that could potentially cause driver distraction. A maximum of 35% of a permitted monument sign face area is permitted for an EMC up to 20 50 square feet. Electronic Message Center Signs maintained by the City of Grand Prairie are used for educational, informational, and public service messages and are therefore exempt from these regulations.
B. Message Board: A panel consisting of a durable plastic or metal backing on which moveable characters may be arranged to create a message. A maximum of 35% of a permitted monument sign face area is permitted for a message board up to 20 50 square feet.
(See following page for diagram.)
SECTION 8 - TYPES OF SIGNS
8.4. MULTI-TENANT MONUMENT SIGNS
Multi-Tenant Monument Signs stand directly on the ground and are freestanding, which means they are structurally independent from any building or structure, having no clear space for the full width of the sign between the bottom of the sign and the surface of the ground. For signs in a designated Corridor Overlay, see Appendix F.
8.2. WALL SIGNS
C. Banner Signs:
One banner sign is allowed per building or tenant space in a non-residential or multi-family zoning district.
Once permitted, the banner may be displayed for a maximum of thirty (30) days.
No more than two (2) permits shall be issued per year for each building or tenant space. A year is defined as any continuous 12 month period. The issuance of the second permit shall not occur until the first permit has been expired for at least thirty (30) days.
Banners shall be firmly affixed to the face of the building, and may not be strung between temporary or permanent poles, posts, or awning supports, hung from or attached to a fence, retaining wall, vehicle, balloon, roof or other appurtenance, or otherwise detached from or separate from the face of the building.
Such banner signs must obtain a sign registration permit prior to placement. The sign registration permit from Code Enforcement shall be affixed to the banner.
The maximum size of a banner sign shall not exceed sixty (60) square feet.
Torn, frayed and faded banner signs shall be removed even if they have been displayed for less than 30 days.
SECTION 9 - DIGITAL BILLBOARDS AND SIGNS
An existing legally non-conforming off-premise billboard sign may be converted to a digital billboard sign
under the following conditions:
2. The following section pertains to digital signs, otherwise known as electronic message centers, or EMCs, that are incorporated into monument signs;
L. EMC conversions shall not be permitted. Digital signage for overlay districts is addressed in Appendix F. Outside of these overlay districts. A maximum of 35% of the overall sign face area shall be permitted for an electronic, digital image, up to 50 square feet.
SECTION 14 - ENFORCEMENT
3. Removal or Repair of Unsafe/Vacant Signs:
If the Chief Building Official shall determine any sign is illegal, unsafe or insecure, vacant, or presents a hazard to the public in any way, he/she shall direct written notice thereof to the owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located. If, within 15 days, the sign is not repaired, made conforming, or removed, the Chief Building Official is hereby authorized to cause removal of such sign, and any expense incident hereto shall be paid by the permit applicant, owner of the land, building, or structure to which such sign is attached or upon which it is erected. The Chief Building Official may cause any sign, which is determined to be an immediate hazard to the general public, to be removed summarily and without notice. Any Permanent Sign, other than a sign legally-permitted as a Billboard, on a vacant lot or parcel is considered abandoned and shall be removed upon notice from the City.
If the Code enforcement Manager, Chief Building Official or designee determines any sign is illegal, unsafe, unsecured, vacant, abandoned, ill maintained or presents a hazard to the public in any way, he/she may provide written notice to correct any violations thereof to the owner, agent, or person having the beneficial use of the land, building, or structure upon which the sign is located. If the sign is not repaired, made compliant, or removed within the time period specified, then the city official is hereby authorized to take enforcement action as described in the Code of Ordinances Section 1-16. Furthermore, if the sign has not been made compliant, the sign may be brought to the Building Advisory and Appeals Board to cause removal of such sign, and any expense incident hereto shall be paid by the permit applicant, owner of the land, building, or structure to which such sign is attached or upon which it is erected. If it is determined that the sign is an immediate hazard to the general public, the Chief Building Official may have the sign removed summarily and without notice.
SECTION 2
THAT Sections of Article 9 “Sign Standards” not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
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 4
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 5
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 6
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 21st DAY OF MAY, 2019.
ORDINANCE NO. 10665-2019
CASE NO. TA180601A