Ordinance No. 7,735960627 -2
ORDINANCE NO. 7735
AN ORDINANCE AMENDING CHAPTER 25/2 "STANDARD SIGN CODE,"
SECTION 25'/2 -10 "OFF- PREMISE SIGN PROVISIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 25%2 "Standard Sign Code," Section 25'/2 -10 "Off- Premise Sign
Provisions" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read
as follows:
Chapter 25%: Standard Sign Code
Sec. 25 %40. Off - premise sign provisions.
The provisions of this section shall apply only to off- premise signs, as that term is defined
in section 25 '/2 -3 of this chapter, within the city limits.
(A) Definitions. The following definitions shall apply to this section:
(1) Commercial or industrial activity shall mean property that is devoted to use
for commercial or industrial purposes, and not for residential purposes.
Commercial or industrial activity shall not include the following:
(a) Signs.
(b) Agricultural, forestry, ranching, grazing, farming, and related
activities, including but not limited to temporary wayside fresh
produce stands.
(c) Activities not housed in a permanent building or structure.
(d) Activities not visible from the traffic lanes of the main - traveled way.
(e) Railroad right -of -way.
(2) Primarily residential area shall mean the right -of -way (and adjoining
property area) between two (2) public streets intersecting such right -of -way
in which a majority of the total front footage is used for residential purposes.
0 (B) Regulation of New Off Premise Signs. From and after June 27, 1996, no new
construction permits shall be issued for off - premise signs within the city limits;
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• provided, however, construction permits may be issued for off- premise signs
proposed to be constructed within two hundred feet (200') of the interstate and
freeway primary system if all other applicable requirements have been satisfied. This
prohibition shall apply to all classifications of signs, types of signs, and special
function signs, and all other signs used as off - premise signs, including portable signs.
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(C) General Locution.
(1) All off - premise signs shall be located within eight hundred (800) feet of a
commercial or industrial activity.
(2) No off - premise sign shall be located in a primarily residential area.
(3) No off - premise sign shall be erected, constructed or established such that the
face of the structure may be viewed from a scenic or historical right -of -way
district.
(4) All off - premise signs other than those located on the interstate and freeway
primary system shall be subject to the following spacing requirements from
other off - premise signs on the same side of the public right -of -way:
(a) No off - premise sign having a face area in excess of three hundred
(300) square feet shall be located within four hundred (400) feet of
another off - premise sign.
(b) No off - premise sign having a face area of from one hundred (100) to
three hundred (300) square feet shall be located within two hundred
(200) feet of another off - premise sign.
(c) No off - premise sign having a face area up to one hundred (100) feet
shall be located within one hundred (100) feet of another off - premise
sign.
Spacing of Off-Premise Signs
.. _ .._ ..................................................................
...............................................................................................
...............................
...............................
Drstanceao Other Signs (>nFeet)
Face!Area :
....;
of Sign
Area
Area
Area
:;:30'Q--9,00-!:.-
:0 1,0= 300:
Less Than<
:.,:,
:.Feet ,,.
1D0Feet
In excess of
400
400
400
300 square
feet
100 - -300
400
200
200
square feet
W
•
is
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(5) Tile spacing provisions stated in this section relating to the location of off-
premise signs shall not apply to signs lawfully erected and lawfully existing
on the date of final passage of this chapter which are on the federal primary
system and subject to regulation under the provisions of the Texas Litter
Abatement Act, Tex. Rev. Civ. Stat., art 4477 -9a, or are subject to regulation
under the Federal Highway Beautification Act, 23 U.S.C.A. Section 131 et
seq., including all amendments (the federal act). Location and spacing of
signs subject to the Texas Act or the federal act shall be regulated by the city
only to the extent required by and in accordance with the directives of the
appropriate state or federal agencies regulating such signs. Signs governed
by the Texas Act or the federal act with respect to location and spacing shall
be subject to the remaining provisions of this chapter unless specifically
excluded therefrom by the Texas Act or the federal act or by the rules and
regulations of the state and federal agencies implementing such acts.
(6) Each double - faced, back -to -back, or V -type sign shall be considered as single
off - premise signs for spacing purposes. The largest face on a double- faced,
back -to -back, or V -type sign will govern spacing requirements.
(7) In computing the distance between off - premise 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.
(8) No portable sign may be erected or placed as an off - premise sign.
3
Distance.; to Ogler S gns (In >Feet)
Face Area
of:Stgn
Area
Afea
Area
300 900>
I00= 300:
Less Than€
Feet
Feet
100 Feet
Less than 100
400
200
100
square feet
All signs on
500
500
500
interstate and
freeway
primary
system
(5) Tile spacing provisions stated in this section relating to the location of off-
premise signs shall not apply to signs lawfully erected and lawfully existing
on the date of final passage of this chapter which are on the federal primary
system and subject to regulation under the provisions of the Texas Litter
Abatement Act, Tex. Rev. Civ. Stat., art 4477 -9a, or are subject to regulation
under the Federal Highway Beautification Act, 23 U.S.C.A. Section 131 et
seq., including all amendments (the federal act). Location and spacing of
signs subject to the Texas Act or the federal act shall be regulated by the city
only to the extent required by and in accordance with the directives of the
appropriate state or federal agencies regulating such signs. Signs governed
by the Texas Act or the federal act with respect to location and spacing shall
be subject to the remaining provisions of this chapter unless specifically
excluded therefrom by the Texas Act or the federal act or by the rules and
regulations of the state and federal agencies implementing such acts.
(6) Each double - faced, back -to -back, or V -type sign shall be considered as single
off - premise signs for spacing purposes. The largest face on a double- faced,
back -to -back, or V -type sign will govern spacing requirements.
(7) In computing the distance between off - premise 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.
(8) No portable sign may be erected or placed as an off - premise sign.
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(D) Location on Property. All off - premise signs and sign structures shall be within the
• deeded front building line or, if no such line exists, within the property line, but in
no event closer than twenty (20) feet to the curbline of any public street.
(E) Construction of Certain Off- Premise Sign Structures. All off - premise sign structures
constructed, established or erected after May 1, 1975, which are not located on the
interstate and freeway primary system shall be supported by columns spaced a
minimum of eight (8) feet apart.
(F) Visibility Triangle. Within the triangular areas shown below or within forty-five (45)
feet of an intersection, no part of the face of an off - premise sign shall be lower than
a height of eight (8) feet above the grade level of the nearest street.
(G) Off-Premise Sign Lists. Each person engaging in the off - premise sign business shall
file with the sign administrator a certified list of all off - premise sign structures owned
by him as of January 1 of each year. This list shall be filed on or before January 1 of
each year and shall describe the location of an off - premise sign, the owner shall give
the street address of the sign location and the facing direction, or the owner shall first
reference the sign structure to the street from which the sign is to be primarily
viewed, then the side of such street, then the distance in feet to the nearest
intersecting street on the same side of the primary street as the sign structure is
located, then reference is to be made to the direction the sign faces. For example:
"303 X Street, west facing on X Street, north line, 120 feet east of Y Street, west
facing (303 X Street NL 120'E Y Street WF)."
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.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
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INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 27th day of June, 1996.
ATTEST: -
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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