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Ordinance No. 14,031ORDINANCE NO. 14,031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," SUBDIVISION IV "OFF -PREMISES SIGNS," SECTION 118-359 "GENERAL LOCATION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY WHERE OFF -PREMISES SIGNS ARE PROHIBITED AND TO INCREASE DISTANCE BETWEEN OFF -PREMISES SIGNS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 118 "Signs," Article III "Regulations," Subdivision IV "Off - Premises Signs," Section 118-359 "General location" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 118. SIGNS ARTICLE III. REGULATIONS SUBDIVISION IV. OFF -PREMISES SIGNS Sec.118-359. General location. To the extent off -premises signs are allowed within the city, the following shall apply: (1) All off -premises signs shall be located within 800 feet of a commercial or industrial activity; (2) No off -premises sign shall be located in OR, SFE, SF1, SF2, MF1, MF2, MF3, ACE, UN, and LC zoning districts; (3) No off -premises sign shall be erected, constructed or established such that the face of the structure may be viewed from a scenic or historic right-of-way district; and (4) All off -premises signs shall be subject to the following spacing requirements from other off -premises signs on the same side of the public right-of-way: a. No off -premises sign having a face area in excess of 300 square feet shall be located within 400 feet of another off -premises sign; b. No off -premises sign having a face area from 100 to 300 square feet shall be located within 200 feet of another off -premises sign; C. No off -premises sign having a face area up to 100 square feet shall be located within 100 feet of another off -premises sign; and d. No off -premises sign to be constructed within 200 feet of the interstate highway system shall be located within 1,200 feet of another off -premises sign. SPACING OF OFF -PREMISES SIGNS Face Area of Sign 1 � � In excess of 300 square feet 400 100-300 square feet 200 Less than 100 square feet 100 All signs within 200 feet interstate highway system 1,200 (5) Each double-faced, back-to-back or V-type sign shall be considered as a single off -premises sign for spacing purposes. The largest face on a double-faced, back- to-back or V-type sign will govern spacing requirements. (6) In computing the distance between off -premises signs, all measurements shall be made parallel to the edge of the street and on the same side of the street. In measuring the distance from back-to-back and V-type signs, the measurements shall be made from the street end of the nearest sign on the back-to-back or V- type structure. (7) No portable sign may be erected or placed as an off -premises sign. Section 2: 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 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. 2 Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE HUNDRED AND N0/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 141h day of March, 2019. BRANDON CAPETILLO, ayor ATTE LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR. Rvity Attorney cobfsOI legal KarenTiles City Council Ordinances\2.019\March 14.Off-PremisesSigns.docx 3