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Ord 745 Amending Chapter 70 providing for Sign RegulationsTOWN OF WESTLAKE ORDINANCE NO. 745 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 70 TITLED "SIGNS" BY AMENDING SECTIONS 70-12, 70-18, AND 70-19; PROVIDING FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS; BY DESCRIBING PROHIBITED SIGNS; BY DEFINING THE FUNCTIONS OF THE TOWN COUNCIL RELATIVE TO THE ISSUANCE OF SIGN PERMITS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare of the residents and visitors of the Town of Westlake that signage be regulated within the town limits; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit "A") to the Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 70 "SIGNS", Sections 70-12, 70-18, and 70-19 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: See Exhibit "A" SECTION 4: That all provisions of Ordinance 633, and the Code of Ordinances, not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 745 Pagel of 6 Exhibit "A" Deletions are shown with strikethrough and additions are shown with underline. Sec. 70-12. - Signs and display cases within commercial districts. (a) (b) (c) Generally. All signs or display cases in the commercial districts require a sign permit. The town manager or a designated representative may, subject to the standards set forth in this chapter, approve an application for a sign or display case. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The regulations in this section shall apply within the commercial districts. Prohibited signs and displav cases. No sign or display case shall be permitted that: (1) Is incompatible in design with the building and space allotted. Is flashing; phosphorescent, moving or primarily glossy. Projects or extends above the cave or parapet line, if attached to any structure. Is for a business which does not have a certificate of occupancy on file with the town. Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the town, affect the peace, health and welfare of the community or result in a degradation of property values and/or an increase in the cost of municipal services. Maxinnatm allm,table sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district: (2) The maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. Ordinance 745 Page of (d) (e) (4) (5) Signs must be architecturally consistent with the buildings to which they are attached. A building designed in such a way as to have business locations within the interior of the structure served by an interior mall or by other means of ingress and egress by the public shall be limited to one sign at each entry identifying the building or mall name and a directory which may contain the names of all businesses within the building. Individual businesses within the building shall be limited to one projecting sign not to exceed three square feet in area or one flat sign not to exceed six square feet in area when approved by the town council. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted in this subsection. The town council may make special exemptions to the allowable areas in this subsection where hardship is incurred or where unusual design of a building requires special consideration. Sims exerng3t fYoin. for final review: (1) (2) (3 ) (4) Interior signs of 160 square inches or less when the aggregate area does not exceed that allowable for interior signs. Temporary signs as provided for in this chapter. Political signs so long as they do not exceed the maximum square footage provisions of this section. Thirty days atter the election, which includes any run-off election, all political signs pertaining to such election shall be removed or be subject to removal by the town. Candidates shall be responsible for removal of their political signs. If the town removes the signs, it may assess the candidate the actual costs of removal. Signs advertising civic events sponsored by the town, Westlake Academy or other local civic clubs provided that no sign shall be allowed to remain posted longer than seven days before the event and be removed within 24 hours of the conclusion of the event. Location of these temporary signs must be approved in advance by the town manager or his designee. Sign area. In calculating the area of signs, the following shall apply: (1) All faces of a multi -faced sign shall be included except for double-faced signs in which case only one face shall be included. Ordinance 745 Page 4 of 6 (fl (g) (2) (3) For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or otherwise, but exclusive of the brackets frons which the sign is hung. Stanclards for displav cases. (1) (2) (4) (5) (6) All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. Display cases shall not exceed ten square feet in area or ten cubic feet in total volume. Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed 24 square inches. Display cases shall be located on the same property as the business premises to which the display case applies. All display cases shall be maintained in accordance with the approval granted for their placement. Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. Special exceptions. The town council may consider resolutions which grant special exceptions to this subsection where hardship is incurred or where unusual circumstances warrant special consideration. See. 70-18. - Prohibited advertising devices. The following types of signs and advertising devices are not permitted within the corporate limits of the town: Ordinance 745 Page 5 of 6 Advertising searchlights. All off -premises commercial signs and billboards. Sky signs. Sandwich or "A-fi-ame" signs. Sidewalk or curb signs. Tethered pilotless balloons or other gas-filled advertising devices. Signs placed on vehicles and used as stationary advertising devices. Mobile advertising. Changeable copy sign. Sec. 70-19. - Functions of the town council. Signs that do not comply with all of the applicable regulations contained within this chapter may seek approval by the Town Council after receiving a recommendation from the Planning and Zoning Commission. The town council may consider resolutions which grant special exceptions to this chapter where hardship is incurred or where unusual circumstances warrant special consideration. In reviewing the applications, the council will uphold the intent of this chapter and will ensure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the town. Ordinance 745 Page 6 of 6 SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26`h DAY OF JANUARY 2015. ATTEST: Kell Edwa d ,—Town Secretary La a Wheat, Mayor Thomas E. Brix e , q*n Manager r APPROVE > AS -ft ORM' OF Wi L.nton Loww.ry, To`ivn Attorney ' 'F TFX AS Ordinance 745 Page 2 of 6 INVOICE Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 1 34 Misc F THE Customer ID:. TOW27 Invoice Number: 332906531 Invoice Date: 1/31/2015 Terms: Net due in 21 days Due Date: 1/31/2015 PO Number: Order Number: 33290653 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 1/30/2015 -1/3112015 34 LINE $6.13 $417.08 $10.00 Net Amount: $427.08 i ","Y °4 C-1111111 LYNNE HOLLAND l '' �` Notary Public, State of Texas �'*y= My Commission Expires ';'FOFs;r July 31, 2016 �au,na v,�nes ,Qrnlrtanc srrarr� :_ ersonaily appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, publis ed y t e ar- a egram, nc. a o o in arrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7039 {� Signed 1 � Q� SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Fe4rG4 Q�, 2015. Notary Thank You For Your Payment Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 332906531 Invoice Amount: $427.08 PO Number: Amount Enclosed: $