Ordinance No. 7,982970522 -3
ORDINANCE NO. 7982
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 251/2 "STANDARD SIGN CODE," SECTION 251/2 -2 "DEFIh1ITIONS"
AND SECTION 251/2 -10 "OFF- PREMISE SIGN PROVISIONS," SUBSECTION
(B) 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 251/2 "Standard Sign Code," Section 251/2 -2 "Definitions" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 1/2 -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 purposes 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) Interstate highway 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.
(e) Person shall mean an individual, company, corporation, partnership, association, or any other
entity.
(f) 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.
® (g) 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.
(h) 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.
(i) Right -of -way shall mean the property fronting on, immediately adjacent to, and on either side
of a public street or a nonpublic street.
(j) 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.
(k) 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.
(1) 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.
(m) Total front footage shall mean the total length of the footage of property fronting on both
sides of a public street.
Section 2: That Chapter 251/2 "Standard Sign Code," Section 251/2 -10 "Off- premise sign
provisions," Subsection (B) of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
See. 25 1 /2 -10. Off - premise sign provisions.
(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 provided,
however, construction permits may be issued for off - premise signs proposed to be
constructed within two hundred (200) feet of the interstate highway 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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® Section 3: 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 4: 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 5: 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 22 "d day of May, 1997.
ATTEST:
EILEEN P: HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE MR., City Attorney
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PETE C. ALFAR , Mayor