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HomeMy WebLinkAbout1472 05-08-2001ORDINANCE NO. 1472 ORDINANCE ESTABLISHING ADDITIONAL SIGN REGULATIONS FOR A PORTION OF EULESS MAIN STREET; DEFINING THE BOUNDARIES WITHIN WHICH SUCH NEW REGULATIONS SHALL APPLY; ESTABLISHING REGULATIONS FOR THE CONSTRUCTION, LOCATION, PLACEMENT AND LIGHTING OF SIGNS WITHIN SAID AREA; ESTABLISHING LANDSCAPING STANDARDS FOR SIGNS; ADDING A NEW SECTION 84 -117 TO ARTICLE IV `ZONING DISTRICT REGULATIONS" OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, CONTAINING SAID NEW REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, has determined, after study, that the area of Euless Main Street between the center line of Pipeline Road and the center line of Glade Road is a unique corridor within the City; and WHEREAS, the City Council has further determined that the special sign regulations contained in this ordinance will promote and enhance business development within and along this corridor; and WHEREAS, the Euless Planning and Zoning Commission has conducted public hearings on the following regulations, and has recommended to the City Council that such regulations be adopted; and WHEREAS, the City Council of the City of Euless, Texas, finds and determines that the following regulations for signs along the designated portion of Main Street will promote the health, safety and general welfare of the citizens of the City of Euless, Texas. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That Division 2 "District Regulations" of Article IV "Zoning District Regulations" of Chapter 84 "UNIFIED DEVELOPMENT CODE" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended by the addition thereto of a new Section 84 -117 "Main Street Sign Regulations ", which new section shall hereafter be and read as follows: (a) Purpose and District Boundaries. The intent of this ordinance is to provide signage standards for a defined area of Main Street. The boundaries are established as property abutting North Main Street between the center lines of South Pipeline Road and Glade Road or a sign located on an intersecting street, which sign is located within 300 feet of the nearest right -of -way line of Main Street. It is hereby declared to be the intent of this ordinance to establish reasonable development standards that permit and control business signage within the area: 1) Encourage commercial and office signage that fits the architectural scale of Main Street. 2) Limit and discourage signage that creates traffic hazards and congestion. 3) Encourage visual and functional harmony among allowed signage. (b) Definitions and Sign Classifications. See Article VI. Sec.84 -232 and the following definitions. 1) Single Tenant Sign — A sign that contains information about one business only 2) Multi- Tenant Sign - A sign that contains information about multiple businesses 3) Directional Sign - A sign that contains information about traffic circulation on the property or between the property and a public road (i.e. entry, exit, drive - through lane, etc.) (c) Non - Conforming Signs, Permits, and Conditions. Signs: A sign that would not be permitted as a new sign under this ordinance, but which was lawfully existing on the effective date of these regulations, but which by reason of its size, height, location, design construction or operational use is not in conformance with the requirements of these regulations, shall be issued a Nonconforming Sign Permit by the City. An applicant may appeal the standards of this section on a hardship basis to the City Council. Such permit shall allow the sign subject to such permit, which was made nonconforming by the adoption of these regulations, to remain in place and operational, provided that no action is taken which increases the degree or extent of the nonconformity, and that such nonconforming use (if applicable) remains in uninterrupted and continuous use during such time. The continued existence of such non - conforming sign shall, however, be subject to the authority of the city to order discontinuous of use under the provisions of the Texas Local Government Code. Nonconforming Sign Permits shall lapse if a nonconforming sign is discontinued or interrupted for a period exceeding 90 calendar days. A change in the information on the face of an existing nonconforming sign will be permitted, however, any nonconforming sign shall be eliminated or made to conform to the requirements of this section when any proposed change, repair, or maintenance constitutes an expense of more than 25 percent of the replacement value of the sign. Ordinance No. 1472, Page 2 of 6 (d) District Sign standards. (1) Other Business Signs – See Article VI. SIGNS AND STREET REGULATIONS (2) Non - attached Signs – An on- premise pole sign shall be allowed within the front building setback for properties in the area that have public road frontage along State Highway 183, subject to the requirements of Article VI. (3) Non - attached Signs – Monument signs, both single tenant and multi- tenant signs, shall be allowed, subject to the following requirements: a. Number of signs allowed - -A single monument sign shall be allowed per property. It shall be located on the same property as the business it is identifying. b. Street property line and side property lines setback —see Article VI. Sec.84 -234, subject to the approval of the Engineering Director with regard to sight distance or circulation conditions. c. Single tenant sign 1. The sign shall be limited to a maximum of 8 feet above the nearest top of curb elevation. 2. The total sign face area shall be limited to a maximum of 50 square feet (100 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure. 3. The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements.) d. Multi- tenant sign 1. The sign shall be limited to a maximum of 12 feet above the nearest top of curb elevation. 2. The total sign face area shall be limited to a maximum of 150 square feet (300 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure. 3. The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements). Ordinance No. 1472, Page 3 of e. Allowed materials for sign and base 1. The signs permitted by this section may be constructed of materials approved by the prevailing building and electrical codes of the city. 2. The sign must be placed on a masonry base. Approved base materials include concrete, stone, brick or other masonry that compliments the architecture of the primary building. 3. In the event that a concrete base is constructed, screening of the base is required with landscaping and irrigation. 4. The construction of the signs will be subject to the prevailing building, electrical, mechanical, and other appropriate codes as required for a permit to be issued for other structures. f. Directional signage may be allowed, but only at the discretion of the Planning Director and Engineering Director. g. Lighting of Signs — The signs permitted in this section, if illuminated, shall be internally lit. h. Intensity of Lighting 1. Signs shall not be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of, or cause confusion to the operator of a motor vehicle on the public streets. 2. Signs which are lighted or illuminated to an intensity in excess of that of a public street light (400 watts) shall not be constructed or maintained within two hundred (200 ") feet of and facing property in a residential zone. The Building Official shall approve intensities of illumination in all cases. i. The signs permitted in this section shall not contain any moving parts, blinking lights, and dimming lights or the like, and shall otherwise conform to Sec. 84 -239, Prohibitive sign characteristics. j. Property Address - the signs permitted in this section must contain the property address in block letters at least 8" in height that are easily read from the street. The property address shall be considered to be a part of the allowed square footage of the sign. k. Signage Text Ordinance No. 1472, Page 4 of 6 1. The signs shall be limited to the name and /or type of business only. There shall be no advertising allowed on the signage, and no posting of other messages, labels, or logos beyond that of the primary tenant. 2. An exception is allowed for the posting of gasoline pricing for a convenience store, within the allowed square footage of the monument sign. Parking Standards - A monument sign, together with landscaping at its base, may occupy an area of the site that would otherwise be devoted to meeting the off- street parking standards outlined in Article V of this Chapter 84. If a monument sign is sited in place of a parking space that would meet the standards of Article V, the number of required off - street parking spaces may be reduced by one (1) parking space. m. Landscaping of Sign Islands - Shall conform to the City of Euless Unified Development Code (UDC) Article VII. Landscaping, Fences, Walls, Screening and Outdoor Storage Requirements and the following conditions: 1. Such landscaping shall consist of: a) all groundcover or turf if the sign island contains a tree, or b) two shrubs may be substituted for each 10 square feet of groundcover or turf. 2. Landscaping installed in conjunction with signage requirements outlined in this section shall be counted toward required interior landscaping. 3. Shrubs shall be maintained at a maximum height of 24 ". (e) Special Exceptions Exceptions to these development standards may be granted through the procedures provided by this Chapter 84. (f) Additional Standards and Criteria for Special Exceptions and Special Use Pennits. The City Council may authorize a sign as a special exception or approve a sign under a special use permit if the proposed use conforms to the following criteria: 1. The proposed sign is of a similar architectural scale to existing development in the district or will use an existing building for its purposes. 2. The proposed sign may be shared by other on -site businesses, or is designed to permit such sharing when and if it becomes feasible. Ordinance No. 1472, Page 5 of 3. Council determination that the applicant has made a reasonable and good faith effort to comply with these regulations. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 City Council without the incorporation on this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a regular meeting of the Euless City Council on the 8th of May, 2001, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: APPROVED AS TO FORM: Mary Libi. aleh, Mayor ATTEST: Susan Crim, C C, City Secretary Ordinance No. 1472, Page 6 of 6 job McFarlan , City Attorney