11-29-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment January 16,2008 Page 2 application ("Application") is attached as Exhibit 2. The City denied SignAd's Application on January 9, 2008, stating "Permit denied based on inadequate pl~s and information." Additionally, the City stated, "As per section 106-875 Chapter 106 (h) all off premise free standing advertising signs shall be spaced at intervals of not less than 1000 feet."l The Application conforms in every respect to the City's ordinances and regulations, including Section 106-875 of the Code. In particular, the site for the proposed sign is not within 1,000 feet ofthe closest sign located along the same roadway. Tvpe of Relief BernI! Sou2:ht SignAd respectfully disagrees with the decision and analysis made by the City, seeks a reversal of the denial in this appeal, and asks that the City grant its Application. Grounds for the Request Section 106-875 (h) of the Code states that "(a)ll off-premises freestanding advertising signs shall be spaced in intervals of not less than 1,000 feet." As evidenced by the drawing provided by SignAd with its Application, copies of which are included in Exhibit 2, the proposed sign site is indeed located in excess of 1,000 feet from the nearest sign on the same roadway. Presumably, the City seeks to impose an additional requirement that is not stated in the Code, i.e., that the spacing requirement apply not only to signs located along the same side of the roadway, but to any sign within 1,000 feet, measuring in any direction. The City's decision and interpretation adds requirements that do not currently exist in the City's ordinances and regulations, i.e., that the spacing requirements apply to a sign in any direction from the proposed sign. By imposing additional requirements that do not exist under the Code, the City has violated SignAd's rights under the Due Process Clauses of the Texas and United States Constitutions. In particular, constitutional due process requires the City and its officials to give fair and adequate notice to permit applicants like SignAd as to what laws are applicable, so that they know when permits are to be granted or denied. Since the existing law in this case compels the grant of SignAd's Application, the interpretation of the City is incorrect and violates due process. Additionally, the imposition of this new requirement by the City is arbitrary and discriminatory, as it imposes an illogical and unreasonable interpretation of the Code that is contrary to the applicable State statutes. 43 Texas Administrative Code 21.153, a copy of which is attached for your convenience as Exhibit 3, regarding spacing of signs along interstate and 1 SignAd initially applied for a permit at this site on July 5, 2007. That application was denied on September 20, 2007. SignAd failed to timely file its appeal of the denial, however, the result of which was the filing of this second permit application.