HomeMy WebLinkAbout021973 ORD - 06/28/1994AN ORDINANCE
AMENDING THE CORPUS CHRISTI CODE, CHAPTER 3, ADVERTISING,
ARTICLE II, BILLBOARDS, SIGNBOARDS AND BULLETIN BOARDS,
DIVISION 2, HIGHWAY BEAUTIFICATION ORDINANCE BY REPEALING
IT IN ITS ENTIRETY AND REPLACING IT WITH A NEW DIVISION
2, HIGHWAY BEAUTIFICATION ORDINANCE; PROVIDING FOR
PERMITS AND ANNUAL FEES; PROVIDING FOR PENALTIES; AND
PROVIDING FOR PUBLICATION.
Whereas, the City of Corpus Christi desires to amend the
City of Corpus Christi Code of Ordinances to adopt the standards
for billboards, signboards and bulletin boards contained in the
Texas Highway Beautification Act with certain additions, deletions
and changes for regulatory purposes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI TEXAS:
Section 1. That Chapter 3, Advertising, Article II,
Billboards, Signboards and Bulletin Boards, Division 2, Highway
Beautification Ordinance is repealed in its entirety and replaced
with a new Division 2, Highway Beautification Ordinance as follows:
DIVISION 2. HIGHWAY BEAUTIFICATION ORDINANCE
Sec. 3-35. Short title.
This division shall be known as the Highway Beautification
Ordinance.
Sec. 3-36. Scope.
This division shall apply to signs located within the City of
Corpus Christi, Texas, and within six hundred sixty (660) feet of
the nearest edge of the right-of-way of interstate highway systems
and freeways, nonfreeway primary highway systems, and all local
City and private streets
bcing thocc highways dccignatcd ac IH 37, US 77, US 181, SH 286, SAF
Sec. 3-37. Definitions.
As used in this division:
Erect means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw or in any other way bring into
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being or establish except when performed incidental to the change
of an advertising message or to normal maintenance or repair of an
existing sign.
Freeway means a divided highway with full control of access.
-I - 11-.I -.I • _ ••• ,. -
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regional office of the Texas Department of Transportation
Main -traveled way means the through traffic lanes exclusive of
frontage roads, auxiliary lanes and ramps.
• I • I • 411 I • • I 11 - e , _ • I • - till - • • - 11 . 1 I _
as a nonconformina sign wh'ch was erected in conformity with all
local ordinances, laws or regulations applicable at the time the
erected in violation o applicable regula ions p ovidina for
other a•Dlicable license and permit requirements required • local
ordinances laws or reaul.tions. A nonconforming s'•n shall
amendment of the Highway Beautification ordinance, but which fails
by reason of such adoption, revision, or amendment to conform with
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I - r • I .
• I • • I . ! -
Official sigma means directional and other official signs
authorized by law, including signs pertaining to natural wonders
and scenic and historic attractions, and signs which have as their
purpose the protection of life and property.
On -premise signs means signs advertising the sale or lease of
the property on which they are located, and signs advertising
activities conducted on the premises upon which they are located.
Outdoor Advertising or Sign means an outdoor sign, light,
display, device, figure, painting, drawing, message, placard,
poster, billboard or other thing which is designated, intended or
used to advertise or inform and which has a current permit.
Permit means an off -premise outdoor advertising sign permit
issued by the City which requires annual renewal.
Person includes corporation. organization, government or
governmental subdivision or agency. business trust. estate. trust.
partnership. association. and any other legal entity.
Scenic Area means any area so designated by a governmental
agency. Scenic Areas include, but are not limited to. any such
areas designated in the City of Corpus Christi Comprehensive Plan,
Transportation Plan and the various Area Development Plans or any
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other scenic area or scenic corridor designated by the City Council
whether such designation is adopted by ordinance or resolution.
Traveled way means that portion of the roadway used for the
movement of vehicles, exclusive of shoulders and auxiliary lanes.
Sec. 3-38. Prohibited Signs.
(a) Signs shall not imitate or resemble any official traffic
sign, signal, or device.
(b) Signs shall not be erected or maintained upon trees or
painted or drawn upon rocks or other natural features.
(c) Signs shall not be erected within the right-of-way of any
interstate highway, freeway, or nonfreeway primary highway nor
within what would be the right-of-way if the right-of-way boundary
lines were projected across an area of railroad right-of-way,
utility right-of-way, or road right of way not owned by the state
or any political subdivision thereof.
Sec. 3-39. Standards.
(a) The maximum area for any one sign is six hundred seventy-
two (672) square feet. Cut-outs (temporary protrusions), not to
exceed twenty (20) percent of the permitted sign area, maybe added
as long as the total area, including the cut-out, does not exceed
eight hundred seven (807) square feet. No sign shall exceed ono
thousand two hundrcd (1,200) cquarc fcct in arca.
(b) No sign shall exceed twenty-five (25) feet in height.
(c) No sign shall exceed sixty (60) feet in length.
(d) All dimensions include border and trim, but exclude the
base or apron, supports and other structural members.
(e) Double faced, back-to-back, or V -type signs shall be
considered as one sign.
(f) Signs which exceed three hundred thirty-six (336) three
hundrcd fifty (350) square feet in area, including cut-outs, may
not be double faced (stacked or side by side).
(g) Signs may not be located in such a manner as to create a
safety hazard, or to obscure or otherwise interfere with the
effectiveness of an official traffic sign, signal or device, or to
obstruct or interfere with the driver's view of approaching merging
or intersecting traffic, or to be likely to cause a driver to be
unduly distracted in any way.
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(h) Signs may not be located within one thousand five hundred
(1,500) five hundred (500) feet of any public park, public forest,
public playground or scenic area so designated by a governmental
agency, which is adjacent to the highway.
(i) Signs may not be erected along a nonfreeway primary
highway, City street or private street closer than three hundred
(300) one hundrcd (100) feet apart on the same side of the highway.
(j) Adjacent to freeways, Signs may not be erected along
interstate and freeway primary highways closer than one thousand
five hundred (1,500) five hundrcd (500) feet apart on the same side
of the highway.
(k) Signs may be located closer than the spacing requirements
established herein, provided such signs are separated by buildings,
natural surroundings or other obstructions so that only one sign
located within the specified spacing is visible at any one time.
(1) Signs which contain, include or are illuminated by any
flashing, intermittent, or moving light or lights, or intermittent
message of any nature are prohibited, except those giving public
service information such as time, date, temperature, weather, or
similar information.
(m) Lights which are not effectively shielded as to prevent
beams or rays of light from being directed at any portion of the
traveled ways of an interstate highway system, freeway, non -freeway
primary highway, city street or private streetthc highways, and
which are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle, or which
otherwise interfere with any driver's operation of a motor vehicle,
are prohibited.
(n) No sign shall be so illuminated that it interferes with
the effectiveness of or obscures an official traffic sign, device
or signal.
(o) The maximum overall height is 42.5 feet as measured from
the highest point of the sign to the grade level of the nearest
main traveled way from which the sign is to be viewed.
Sec. 3-40. Applicability.
(a) Signs may only be erected in an area along the right-of-
way which has been zoned for commercial or industrial uses and
which is not predominantly used for residential purposes.
(1) the area to be considered in determinin• use for
residential •ur•oses shall be calculated b the area defined
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km, baccd upon thc qualifying activiticc is onc, the
dimensions of which arc a total of one thousand six hundred
(1,600) feet [eight hundred (800) feet on each side of the
sign location] plus the actual or projected frontage of the
commercial or industrial activiticc, measured along the
highway right-of-way and to a depth defined b either i or
(ii) below. by a depth of cix hundred sixty (660) feet;
u along interstate, freeway, and non -freeway prim Ex
highways the depth shall be six hundred sixty (6601 feet;
or
Lill along all other highways, roads, and streets, the
depth shall be the various depths of the individual
tracts or lots with frontage along the right-of-way, but
in no case to exceed six hundred sixty (660) feet:.
(2) the area shall be located on the same side of the
highway as the principal part of the qualifying activities;
(3) the area must be considered as a whole prior to the
application of the test for predominantly residential;
(4) an area shall be considered to be predominantly
residential if more than fifty (50) percent of the area is
being used for residential purposes. Roads and streets with
residential property on both sides shall be considered as
being used for residential purposes. Other roads and streets
will be considered nonresidential.
(b) Signe shall not be located outside of the "B 5", "B 6",
"I 2", and "I 3" coning districts of thc city. No sign shall be
erected within the City except as permitted in the zoning ordinance
and which is locatedEvcry cign crcctcd within thc city, and within
six hundred sixty (660) feet of the nearest edge of any freeway,
highway, road, or streetthe right-of-way. of IH 37, US 77, US 181,
_ _ = Every
sign erected within the city shall comply with the standards
established by this division, with the following exceptions:
(1) signs advertising the sale or lease of the property
upon which they are located;
r.
(2) signs principally advertising activities conducted on
the property upon which they are located;
(3) signs located on property within the prescribed
limits, the purpose of which is the protection of life or
property, including those which provide information about
underground utility lines;
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(4) official signs erected by public officers or public
agencies within their territorial or zoning jurisdiction and
pursuant to and in accordance with their authorization
contained in law;
(5) signs required by the Texas Railroad Commission at
the principal entrance to or on each oil or gas producing
property: such signs shall be no larger in size than is
necessary to comply with the Texas Railroad Commission
regulations and will have no advertising message other than
the name or logo of the company and the necessary directions;
(6) service club and religious notices relating to
meetings of nonprofit service clubs or charitable
associations, or religious services, which signs do not exceed
eight square feet in area;
(7) public service signs located on school bus stop
shelters which signs;
(A) identify the donor, sponsor, or contributor of
said shelters;
(B) contain public service messages, which shall
occupy not less than 50% of the area of the sign:
(C) contain no other message;
(D) are
authorized or
regulation, or
city, county,
involved; and
located on school bus shelters which are
approved by city, county, or state law,
ordinance, and at places approved by the
or state agency controlling the highway
(E) may not exceed 32 square feet in area; not more
than one sign on each shelter shall face in any one
direction;
(8) signs of not more than 32 square feet which show
only the name of a ranch or farm and directions to same;
(9) signs erected on or before October 22, 1965, which
the commission, with the approval of the Secretary of the
United States Department of Transportation, determines to be
landmark signs of such historic or artistic significance that
preservation would be consistent with the purposes of the
Highway Beautification Act of 1965.
(1) Official cignc.
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(2) On prcmioc Cigna.
traveled way viewed from a height of not more than six
Sec. 3-41. Compliance with other regulations.
Every sign regulated by this division shall also comply with
the zoning ordinance, building code and all other applicable codes
and ordinances of the city.
Sec. 3-42. Licenses, permits and fees.
licenses issued by the Texas Department of Trersons who hold
a sportation pu suant
uant
to the provisions of the Texas Highway Beautification Act may apply
for and obtain buildin• •ermits for sins re• lated b this
division.�The minimum fcc for caid building permitc chall be tcn
dollarc ($10.00).
hold valid liccnccc iccucd by thc Texan Department of
Trancportation purcuant to the provicionc of thc Texas Highway
Beautification Act. The Sign permits shall have an initial
installation annual fee of ninety-six dollars ($96.00) for each new
sign erected after the effective date of this ordinance. An annual
•ermit renewal fee shall be calculated for all such si• s andel forty
for each sign existing on the effective date of
this ordinance as follows.
dollars ($40.00). - -
Ail For signs not exceeding 100 square feet in area,
the fee is ten dollars 10.00 plus three cents (SO 031
per square foot of sign area.
(ii) For signs greater than 100 square feet in area and
not exceeding 300 square feet in area, the fee is twenty-
five dollars ($25 001 plus three cents ($0 031 per square
foot of sign area.
(iii) For signs greater than 300 square feet in area, the
fee is thirty-five dollars ($35.00) plus three cents
$0.03) •er s•uare foot of si•n area.
Sec. 3-43. Existing signs.
(a) The lawful use of a si• existin• at the effective date
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of this ordinance may be continued although such sign does not
conform to the provisions hereof. Termination of all rights as a
nonconforming sign shall occur when the sign, or a substantial part
of it, is blown down or otherwise destroyed or dismantled for any
purpose other than maintenance operations or for changing the
letters, s •ols or other matter on the si.n. A si•n or
substantial part of it is considered to have been destroyed only if
the cost of repairing the sign is more than sixty percent (60%1 of
the cost of erecting a new sign of the same type at the same
location. Every owner of every sign regulated by this ordinance
and existing on September 30, 1994 which lies within the city, and
within six hundred sixty (6601 feet of the nearest edge of any
freeway, highway, road, or street right-of-way, shall have applied
for and obtained a license issued by the Texas Department of
Transportation pursuant to the provisions of the Texas Highway
Beautification Act and a permit issued by the City in accordance
with this Division, authorizing the erection and maintenance of
said sign after September 30, 1994. Every owner of every cign
cxiating on January 24, 1973, which licc within the city, and
within six hundred sixty (660) fcct of the noarcct cdgc of the
right of way of IH 37, US 77, US 181, SH 286, SH 358 and that
maintcnancc of caid cign after December 31, 1972.
Section 3-44. Penalty.
Ja) A person commits an offense if:
(11 the person erects an off -premise outdoor advertising
sign without a permit; or
(2) the person erects an off -premise outdoor advertising
sign which violates the standards established by Section 3-39 of
this ordinance; or
J3) the person erects an off -premise outdoor advertising
sign which is prohibited under Section 3-38 of this ordinance.
14) the person, for pecuniary gain to any person, sells
or attempts to sell advertising or advertising space for an off -
premise outdoor advertising sign, when such sign is prohibited,
without a permit, or otherwise violates the standards established
by this ordinance.
(b) Each day an offense occurs is a separate violation of
this ordinance.
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(c) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed two thousand dollars
($2,000.00).
SECTION 2. Publication shall be made in the
publication of the City of Corpus Christi as required by
Charter of the City of Corpus Christ.
That the foregoing ordinance was read for the fist
passed, to its seco reading on this the LI
Okt , 19 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David
official
the City
time and
day of
McNichols I
David Noyola
Clif Moss
That the foregoing ordinance was read for the second time nd
passed finally on this the 2t day of JuA&J , 19 q4
by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
PASSED AND APPROVED, this the
uvoeitu
Edward A. Martin
Dr. David McNicholsI Mtul f
David Noyola
Clif Moss
2g day of :“&t , 19 a
Armando Chapa, City Secretary MAYOR
THE CITY- OF CORPUS CHRISTI
APPROVED THIS 22ND DAY OF JUNE, 1994:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
1011.
IMP
orbert J. Hart 46tosiTt.nt City Attorney
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1:1971
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PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 40237
PO#
Before me, the undersigned, a Notary Public, this day personally
came Phyllis Smith, who being first duly sworn, according to
law, says that she is Secretary of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said
County and State, generally circulated in Aransas, Bee, Brooks,
Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy,
Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and
Webb Counties, and that the publication of NOTICE OF PASSAGE OF
ORDINANCE NO. 021973 AMENDING CORPUS CHRISTI CODE OF ORDINANCES,
CHAPTER 3, ADVERTISING, ARTICLE II, BILLBOARDS, which the annexed
is a true copy, was published in the Corpus Christi Caller -Times
on the 4th day(s) of July, 1994.
One Time(s)
$52.80
Secreta
Subscribed and sworn to before me this 25th day
of July, 1994
Notary
'�N1E • E; ko:/,,
•
Nueces County, Texa*)-j
*Of iMS
S• AP/RES'
14••g.,\
°'u/ 1I11"1+'
D10/Corpus Christi Calisr-Tinies Monday, July 4, 1994
•Sa.
CC13): ASS4GE OF
ORP NCHRIIS TI
SRI CLE BILLBOAROS.CrBFFIE0TEp
list 8O y�D V S ON 2-
ORDyyA RE EALING
IN ITS EN7* ry AND
BEAVI(91/T �2. HIGHWAy
N RINK ; /C TOING OFOR
E PROyG FORNENL
OFRT T�'IPRAyCOPY
DDC
S Ry HALL 1101 t$ OOFFICE
TEXAS jb�� CHRISTI,
h. °rdi^rlea wp
and appo...,� pawed
CouncN of rye City of a City
Corpus Chyy
day of ,lane 190 M1B 28th
/e/ AC ytya Chapa
�, of City Secretary
-Cap!y Christi