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HomeMy WebLinkAboutORD 04-056 ORDINANCE NO. 04-056 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE III, SECTION 30-28(d) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING ADVERTISING SIGNS WITHIN THE CITY OF BEAUMONT AND ITS EXTRATERRITORIAL JURISDICTION (ETJ); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article III, Section 30-28(d) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE III. SIGN REGULATIONS Sec. 30-28. Sign Regulations. (d) Advertising Signs: Advertising signs shall not be permitted except as noted: 1. Permits: The City shall not issue permits for the construction of new advertising signs except under the following conditions: (a) All outdoor advertising companies shall provide to the City of Beaumont a complete list of all signs it owns or maintains within the limits and the Extraterritorial Jurisdiction (ETJ) of the City of Beaumont. This list shall include the location, size (area and height) and type of construction. (b) To reconstruct or replace an existing conforming advertising sign at the same location (i) Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sign. c. To replace and relocate an existing advertising sign at one location with an advertising sign at another location. (i) Size of the replacement sign shall be one (1) sq. ft. for one (1) sq. ft. Square footage may be cumulative as to each outdoor advertising company. (ii) Regardless of the size of the advertising sign to be replaced, the replaced advertising sign shall not exceed the height or area listed under Section 30-28(D)1. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the Board of Adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgement, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows: Sign Spacing Maximum Sign Height Maximum Sign Area 300 Feet 20 Feet 75 Square Feet 500 Feet 25 Feet 76 - 300 Square Feet 750 Feet 30 Feet* 301 - 672 Square Feet *Advertising signs fronting on an Interstate Highway or a Federal-Aid- Primary Highway may not exceed forty (40) feet in height. (iii) Spacing: Sign spacing shall be as follows: 1) The spacing of all advertising signs within 660 feet of an Interstate Highway (IH-10), a Federal-Aid Primary Highway (Hwys. 69, 96, 287), or a non-freeway Federal-Aid Primary Highway (Hwy. 90) shall be in accordance with the Texas Civil Statutes, Article 4477-9a, as amended. (As of March 3, 1986, the state regulations required the following spacings: On Interstate Freeways (IH-10) and on Federal-Aid Primary Highways (Hwys. 69, 96 and 287) the required spacing is one thousand five hundred (1500)feet between advertising signs on the same side of the freeway. On non-freeway Federal-Aid Primary Highways (Hwy. 90) the required spacing is 300 feet between advertising signs on the same side of the freeway. 2) The following requirements shall be in effect for signs farther than 660 feet from a Federal Aid Primary Highway or Interstate Highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater. (iv) Advertising signs shall be set back not less than twenty-five (25)feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten (10) feet from interior side yard property lines. (v) Shall be allowed a period not to exceed one (1)year from the time the original advertising sign is removed to the time that the replacement advertising sign must be installed. (vi) Replacement advertising signs shall only be permitted in those areas of the City of Beaumont that are zoned GC-MD, CM, LI and HI. (vii) No new advertising signs shall be constructed in the City of Beaumont's Extraterritorial Jurisdiction (ETJ) with the exception of state and federally controlled highways. (viii) The total number of advertising signs within the city limits and ETJ of Beaumont shall not exceed the total number existing at the time of the adoption of this ordinance. (ix) Advertising signs shall not be permitted on the following streets: 1) Dowlen Road Extension 2) Walden Road from 1, 370 feet west of the west right-of-way line of IH-10 west to the ETJ boundary 3) Concord Road from Gulf Street to Hwy. 105 4) Washington Blvd. from Langham Road to Major Drive 5) Phelan Blvd. from Major Drive to Keith Road d. Prohibition: An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum. 2. Traffic Control Conflicts: No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. 3. Illumination: Advertising signs may be illuminated only by indirect lighting subject to the following conditions: a. Signswhich contain, include orare illuminated byflashing,intermittent or moving light or lights are prohibited; provided that signs giving public service information such as, but not limited to, time, date temperature, weather or similar information shall be permitted. b. Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision. 4. Motion:Advertising signs shall not revolve or rotate or otherwise move in any manner. 5. Roof Mounted Sign: Roof mounted advertising signs are prohibited. 6. Structure: Advertising signs shall be constructed in accordance with the Building Code and Electrical Code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. 7. Maintenance: Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials,weed, debris,trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly. When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. A non-conforming sign may be changed or altered or upgraded only to the extent that when the change, alteration or upgrade is complete, it is made to conform, in all aspects, to the sign regulations of the City of Beaumont. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2004. �����.@�®a s 0o, ayor Evelyn M. Lord - � S ��®