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 -
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