HomeMy WebLinkAboutO-2010-3241 Tabled/regulation of on and off-premise signs within the Main Street District Overlay
17/18
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26. 2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
N/A
N/A
N/A
N/A
Department: Planninl!
Account Number:
Report:
Resolution: _Ordinance:..A....-
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance (showing changes)
Ordinance
MSD Map
Public Notice Response
Budgeted Item:
SUMMARY & RECOMMENDATION
Currently under the sign section of the zoning ordinance, business owners in the Main Street District who have existing non-
conforming signs are prohibited from restoring/rebuilding those signs when they are destroyed or significantly damaged.
While a departmental policy was enacted to address the situation, City Council subsequently directed staff to follow up by
preparing a zoning ordinance amendment.
If approved, the proposed ordinance would generally accomplish two objectives:
1) Allow a business in the Main Street District with an existing, non-conforming, freestanding, on-premises sign the
additional option of replacement as a monument sign up to 8 feet in height. The option to use a building mounted sign
would persist.
2) Allow any business fronting Main Street within the Main Street Overlay an additional option of placing a small
hanging sign which projects a maximum of four feet from the face of the building into the pedestrian corridor within the
Main Street right of way. The sign would be allowed to be 16 square feet in size, with a bottom clearance between seven
and eight feet above grade. A license agreement to address maintenance issue in right of way would also be a component
of the ordinance.
The Planning and Zoning Commission, during their March 24, 20 I 0 meeting, held a public hearing to receive citizen
comments regarding on and off-premise signs in the Main Street District and Overlay (MSD/O). After consideration, The
Planning and Zoning Commission by majority vote for favorable consideration, forwards the proposal to City Council for
action.
As required by ordinance, notices of public hearing were mailed to property owners within 200' of the Main Street
District.
Action Reauired bv Council:
o duct public hearing.
Co sider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to on and
offi premise signs within the Main Street District/Overlay.
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Date
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lA h-f j) &/IVJ2D/6
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlav and District
a. Replacement shall only be allowed for businesses that have a pre-existing. non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2). sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to anv replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
(c) All off premises signs shall be constructed with a single steel support pole.
"( c) Off-premises signs within the right-of-way may be attached to the face of the building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
~
2. Maximum four (4) foot encroachment/proiection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
2
PASSED AND APPROVED this the day of
CITY OF LA PORTE
,2010.
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
ORDINANCE NO.
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fA n-fi / ~ / JLj) /0
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlay and District
a. Replacement shall only be allowed for businesses that have a pre-existing, non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2), sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to any replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
"(c) Off-premises signs within the right-of-way may be attached to the face of the building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
sign).
2. Maximum four (4) foot encroachment/projection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
2
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPu
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Assistant City Attorney
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A Meeting of the La Porte
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uj MAR 0 8 2010 .:,'!
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By "~-:-::~:::;:~";:;.:::_-:::=:::-:'-: \
Planning & Zonin~ Commission
(Type of Meeting)
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
On-premise Signs and Off-Pdmise Signs within Main "Sf teet District/Overlav
(Type of Request)
-
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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Signature
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Address
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