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Ordinance No. 7,762960725 -10 ORDINANCE NO. 7762 AN ORDINANCE AMENDING CHAPTER 25'/2 "STANDARD SIGN CODE," SECTION 25V2-2 "DEFINITIONS" 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 -2 "Definitions" 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 V2 -2. Definitions. The following definitions shall apply to this chapter: (a) Advertising shall mean to seek to attract or direct the attention of the public to and including, but not limited to, goods, merchandise, services, persons, activities, information or messages. (b) Business purposes shall mean the erection or use of any property, building or structure, permanent or temporary, for the primary purpose of conducting in said building or structure or on said property a legitimate commercial enterprise in compliance with all ordinances and regulations of the city governing such activity; business purpose shall not include any property, building or structure erected or used for the primary purpose of securing a permit to erect a sign. (c) Curbline shall mean an imaginary line drawn along the edge of the pavement on either side of a public street. (d) Federal primary system shall mean the "interstate and freeway primary system" and the "nonfreeway primary system." (e) Interstate and freeway primary system shall mean that portion of the national system of interstate and defense highways located within Texas which are now or hereafter may be officially designated the "interstate system" by the Texas Highway and Public Transportation Commission, and approved pursuant to Title 23, United States Code, Section 131, as amended. (f) Nonfreeway primary system shall mean that portion of the connective main highways located within Texas which now or hereafter may be designated the "primary system" by the Texas Highway and Public Transportation Commission, and approved pursuant to Title 23, United States Code, Section 131, as amended. 960725 -10a (g) Person shall mean an individual, company, corporation, partnership, association, or any other entity. (h) Public right -of -way shall mean any part of a right -of -way not privately owned or controlled, and which is the responsibility of the city or other similar public agency to maintain. (i) Public street shall mean the entire width between property lines of any road, street, way, alley, bridge, or other similar thoroughfare, not privately owned or controlled, when any part thereof is open to the public for vehicular traffic, is the responsibility of the city or other similar public agency to maintain, and over which the city has legislative jurisdiction under its police power. 0) Residential purposes shall mean property devoted to use as a single - family or multifamily residence. Residential purposes shall include but not be limited to, property used for houses, duplexes, condominiums, town houses, town homes, patio homes, and apartments; property used for hotels, motels and boarding houses shall not be considered as used for residential purposes. Property devoted to both residential and nonresidential use shall be considered as used for residential purposes. (k) Right -of -way shall mean the property fronting on, immediately adjacent to, and on either side of a public street or a nonpublic street. (1) Sign shall mean any outdoor display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for advertising. The term "sign" shall include the sign structure. Every sign shall be classified and conform to the requirements of each classification as set forth in this chapter. (m) Sign committee as used in this chapter, shall mean the construction board of adjustment and appeals which is appointed by the city council pursuant to the building code regulations of the city. (n) Sign structure shall mean any structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of a building. (o) Total front footage shall mean the total length of the footage of property fronting on both sides of a public street. 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 2 960725 -10b 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. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of July, 1996. ATTEST: — J - EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 4.z�o �� XFAACIO RAMIREZ, SR., Ci Attorney cAklh 17kouncillordinancelsigndef ord 3 WA e, AgeA� PETE C. ALFAR , Mayor