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Home My WebLink About031521 ORD - 08/28/2018 Ordinance amending Section 7.5 "Signs" of the Unified Development Code; and providing for penalty WHERAS, in compliance with the Supreme Court ruling of Reed v. Town of Gilbert, Arizona (2015) the City of Corpus Christi's Sign Code must be content neutral and protect the guaranteed right of free speech. WHEREAS, the Planning Commission has recommended the City Council approve this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 11 , 2018, during a meeting of the Planning Commission, and on Tuesday, August 21, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 7, Section 7.5, subsection 7.5.1 entitled "Purposes" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.1. Purposes L. To ensure that the constitutionally guaranteed right to free speech is protected. SECTION 2. Article 7, Section 7.5, subsection 7.5.3.E entitled "Accessory Freestanding Sign for Specific Uses" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: E. Accessory Freestanding Sign for Specific Uses Commercial Use SECTION 3. Article 7, Section 7.5, subsection 7.5.8. entitled "Signs and Actions allowed without a Permit" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.8 Signs and Actions allowed without a Permit 0 3 1 5 2 1 Page 1 INDEXED A. The following signs and actions related to signs are exempt from the permit requirements of this Section, but are subject to all other standards of this Section: 11. Noncommercial sign with an effective area less than 36 feet, less than eight feet in height, unilluminated, and without any moving elements. B. The following defined and illustrated signs do not require a sign permit, but must comply with the standards stated in this Section and with all other applicable City regulations. If a district standard is stricter, that standard controls. Address Sign A wall sign that identifies the an occupant and/or address of aw ;a,�� *; a. residential structure. mu1` � Standards (1 ) There may be no more than N11.1.11 two address signs per street frontage indicating the name 12680 and/or address of the occupants of a dwelling. (2) Address Signs may not exceed 2 square ft. in area. R VOTE -- - John or political party. , J)ØEStafldards County Commission (1) Political signs may be placed R' i District 10 ;. ., ., Rrrr,,4 N ... !i' rtf (2)--•: -- - • . - .. clear-sight-triangle, (3)--Political signs may not bo Page 2 SECTION 4. Article 7, Section 7.5, subsection 7.5.11 entitled "Signs Generally Prohibited but Allowed in Some Districts" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.11 Signs Generally Prohibited but Allowed in Some Districts Temporary Banners : -••:: _ - e :-•e .e -_ • containing commercial speech are allowed on the premises of for churches, schools, and public buildings located in the FR through RS-TF districts, subject to limitations as set forth in Subsection 5.4.3. SECTION 5. Article 7, Section 7.5, subsection 7.5.13.6 entitled "Freestanding Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.13.B. Freestanding Signs message. If a message relates to an election or special event, such sign may event. SECTION 6. Article 7, Section 7.5, subsection 7.5.13.E entitled "Institutional Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Page 3 7.5.13.E. institutional Freestanding and Wall Signs for Noncommercial Uses 1. Any noncommercial use such as a school, house of worship, recreation center or other-institutional Public or Civic Uuse permitted in the zoning district and fronts upon a designated arterial street or expressway, may have one freestanding sign, not to exceed 64 square feet in area and 20 feet in height. However, if the use fronts upon a designated local or collector street, the sign shall not exceed 40 square feet in area and 20 feet in height. a. Freestanding signs for noncommercial use located on the premise may include changeable copy signs, not to exceed 30% of the sign area. b. Institutional-fFreestanding signs for noncommercial use located on the premise may be illuminated. d. Institutional wWall signs for noncommercial use located on the premise may not exceed 40 square feet each and may not be illuminated. SECTION 7. Article 7, Section 7.5, subsection 7.5.14.A entitled " Wall and Freestanding Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: A. Wall and Freestanding Signs 3. For properties developed with single-family, duplex, townhome or noncommercial institutional uses, the restrictions stated in Subsection 7.5.13.E SECTION 8. Article 7, Section 7.5, subsection 7.5.27 entitled "Definitions" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.27 Definitions A. Definitions of Specific Words Noncommercial Messages: These include but are not limited to: signs • .e. e - e ee ":- e comment on any of the above. This definition may be broadly construed; there Page 4 under this code. Words, symbols, logos, pictures or any combination thereof that is not defined as a commercial message. Sign: : - ••- . - - - - - - - - ••. , - •-, ::'- design, picture, stroke, stripe, trademark, or reading matter which is used or any establishment, product, goods or service when the same is placed out of doors in view of the general public. The term "sign" shall not include the flag or e : . . _ e e. -• _ .e-. A structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other object that is designated, intended, or used that includes text or images designed to communicate. Signs located completely within an enclosed building and not exposed to view from a street shall not be considered a sign. Each display surface of a sign or sign face must be considered a sign. SECTION 9. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 10. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1 .10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 11. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 12. This ordinance is effective immediately upon passage. Page 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the • day of aid , 2018, by the following vote: Joe McComb (6Ben Molina _OIL Rudy Garza42.- Everett Roy _ale_ Paulette Guajardo It, Lucy Rubio ____A,I/7 Michael Hunter Greg Smith —141 Debbie Lindsey-Opel j_41. That the foregoing ordinance was read for the second time and passed finally on this the ,9,13)-R-Clay of (6,(c, u, - , 2018, by the following vote: 0 Joe McComb I , Ben Molina Rudy Garza a _ ,• Everett Roy I _Aft Paulette Guajardo / Lucy Rubio 1 ' ____6/L Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the L61 day of altt4A— , 2018. ATTEST: f 4_/—, .6. • ..11,4 .# U4;1-)44,/ Re:ecca Huerta Joe cComb City Secretary M.y.r EFFECTIVE ATE 6 28 ) S ti :31521 Page 6 Ca ' 0 es PART OF THEA . . i NOTICE OF PUBLIC HEARING Certificate ofNOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS Publication 2 I$ TO CONSIDER AMENDMENTS TO THE CORPUS CHRISTI, Publication TO THE CORPUS CHRISTI, TEXAS UNIFIED DEVELOP- TEXAS UNIFIED DEVELOP- MENT CODE In Matter of Publication of: MENT CODE The Corpus Christi City Coun- The Corpus Christi City Coun- cil will conduct a public hear- cil will conduct a public hear- ing on Tuesday, August 21, ing on Tuesday, August 21, 2018, during a regular Coun- 2018, during a regular Coun- cil meeting, which begins cil meeting, which begins at 11:30 AM in the Council at 11:30 AM in the Council Chambers, City Hall, 1201 Chambers, City Hall, 1201 Leopard Street, to consider CORPUS CHRISTI Leopard Street, to consider amendments to the Unified CITY OF CORPUS CHRISTI amendments to the Unified Development Code, Section Development Code, Section 7.5 entitled led Si PO BOX 9277 7.5 entitled "Signs" to elim- "Signs" to elim- inate content-based regula- inate content-based regula- tions. All interested parties tions. All interested parties CORPUS CHRISTI,TX 78469-9277 may appear and be heard at may appear and be heard at the public hearing. For more the public hearing. For more information,contact Planning information,contact Planning and ESI Department at (361) and ESI Department at (361) 826-1614 or visit at 1201 Leop- 826-1614 or visit at 1201 Leop- ard Street. and Street. /s/Rebecca Huerta /s/Rebecca Huerta State of Wisconsin) City Secretary City Secretary ))§ County of Brown) I,being first duly sworn,upon oath depose and say that I am a legal clerk and employee of the publisher, namely, the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on the following dates: August 5,2018 0 Atmn Legal C erk i On this August 6, 2018, I certify that the a ached document is a true and exact copy made by publisher. d ( 1 ?... Notary Public,Sta of Wisco'in,County of Brown (C PUBL\G ,� = NOTAA, OF wIS /'li0F111111 I ISG°\\\\`\ Ad#:2082967 P.O.: #of Affidavits:0