HomeMy WebLinkAbout762 10-11-1983ORDINANCE NO. 762
AN ORDINANCE AMENDING SECTION 7 -1300 AND
SECTION 9 -301 OF ORDINANCE 347, SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF EULESS FOR THE ACCOMMODA-
TION OF PARKWAY SIGNS; PROVIDING A PEN-
ALTY FOR VIOLATION THEREOF; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFEC-
TIVE DATE; AND DECLARING AN EMERGENCY.
WHEREAS, an evaluation indicates that weekend signs in parkway of public
right -of -way (hereinafter "parkway sign ") are tolerable and can be beneficial to the
community if managed appropriately through rules and regulations enacted into the
Zoning Ordinance; and
WHEREAS, the enforcement of parkway signs may be totally paid for by
permit fees imposed on such signs and may not become an extra burden on the
City's personnel cost; and
WHEREAS, the City of Euless can be exempt from having to provide
indemnification for any damages or injuries due to the placement of parkway signs
by the enactment of a liability clause into the Zoning Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS:
I.
That Section 7 -1300, Definition & Explanation Applicable to Use Regulations,
of the Euless Zoning Ordinance be amended by adding at the end thereof the
following subsection:
"(107). Parkway Sign: Any ground and pole sign erected within the parkway
of a public street. The term "parkway" shall mean the area between the curb
line or edge of pavement of a street to the nearest right -of -way line of such
street."
II.
That Section 9 -301, Special Standards for Signs, of the Euless Zoning
Ordinance be amended by adding the following at the end thereof:
"(9) An unlimited number of parkway signs may be loca'Led off -site in
accordance with the following restrictions:"
(a) No parkway sign shall be permitted from 12:00 noon of each
Monday until 12:00 noon of the following Friday.
(b) No parkway sign shall be placed in front of any property
improved with a building thereon without the written permission
of the occupant and owner of such property.
(c)
No
parkway
sign shall be located:
(i)
in the
median of any public
right -of -way;
(ii) closer than two (2') feet to the edge of the pavement or
the back of the curb, whichever is greater;
(iii) closer than twenty (209 feet to the intersection of two
intersecting streets as measured from the end of the curb
return; or
(iv) so as to block or obscure from vision any traffic or
safety sign or signal.
(d) No more than one parkway sign for each person or company
displaying the same or related information is permitted along
any one street block or within five hundred (500') feet one from
another; whichever is lesser.
(e) No parkway sign shall exceed the following dimensions:
(1) height - thirty six (36 ") inches.
(ii) size of sign facing - three (3 S.F.) square feet.
(f) Parkway signs shall be made of durable, weatherproof material.
(g) No person shall erect or maintain any parkway sign until such
person shall have obtained a permit therefore from the Euless
Building Inspector. Fees for each such permit shall be as
prescribed by the Euless City Council.
(h) No permit shall be issued for a parkway sign unless the applicant
for such permit shall have executed an instrument agreeing to
indemnify and hold harmless the City of Euless, Texas, its
officers, agents and employees from any and all damages, costs,
expenses or other liability including attorney fees and all costs
of litigation directly or indirectly occurring from the erection,
placement, maintenance, removal or failure of removal of a
parkway sign pursuant to the provisions of this section.
(i) The Building Inspector may deny a permit application to any
person who has been finally convicted of a violation of this
Ordinance.
ORDINANCE NO. 762, PAGE TWO OF FOUR
(j) The Building Inspector is authorized to re-nove ;r abate at any
time any parkway sign which violates this Ordinance.
(k) The term 'person' as used herein shall include any individual
person, firm, partnership, or corporation."
III.
Penalty for Violation. Any person, firm or corporation violating any of the
terms and provisions of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be fined in an amount not to
exceed $200.00. Each such violation shall be deemed a separate offense and
shall be punishable as such hereunder.
IV.
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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconsti-
tutionality 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 in this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
V.
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.
1AJA
Emergency Clause. By the affirmative vote of four or more of its members,
the City Council declares that this is an Ordinance for the immediate
preservation of the public peace, property, health, and safety, and is an
emergency measure within the meaning of Article II, Section 11 of the City
Charter; and the requirement that it be read at two meetings, as specified in
Section 11, is hereby dispensed with.
ORDINANCE NO. 762, PAGE THREE OF FOUR
�rPRf}SENTED AND PASSED on first and final reading on the 1144 day of
�� , 1983, at a regular meeting of the Euless City Council, by a vote
of 4 ayes, Q nays, and Q abstentions.
APPROVED:
��� s4w"
Harold D. Samuels, Mayor
ATTEST:
0
Kay Rain City Secr ry
APPROVED AS TO FORM:
:d
ii 3 �.
ORDINANCE NO. 762, PAGE FOUR OF FOUR