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Ordinance No. 8,002Published in The Baytown Sun: 970612 -13 Tuesday, June 17, 1997, and Wednesday, June 18, 1997. ORDINANCE NO. $002 ® AN ORDINANCE OF THE CITY OF BAYTOWN, "TEXAS, AMENDING CHAPTER 251/2 "STANDARD SIGN CODE," SECTION 251/2 -2 "DEFINITIONS' SECTION 251/2 -4 "SIGN ADMINISTRATOR; ENFORCEMENT," SUBSECTION } (F) "VARIANCES," SUBSECTION (1)(E); SECTION 251/2 -7 "STRUCTURAL REQUIREMENTS," SUBSECTION (E) "HEIGHT LIMITATION," SUBSECTION (2) "EXCEPTION "; SECTION 251/2 -8 "DESIGNATION OF SCENIC OR HISTORICAL RIGHTS -OF -WAY, DISTRICTS "; SECTION 251/2 -10 "OFF - PREMISE SIGN PROVISIONS," SUBSECTION (C) "GENERAL LOCATION," "SPACING OF OFF - PREMISE SIGNS" CHART; AND SECTION 251/2 -10 "OFF - PREMISE SIGN PROVISIONS," SUBSECTION (E) "CONSTRUCTION OF CERTAIN OFF- PREMISE SIGN STRUCTURES" 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 by adding Subsections (n) and (o) to the same to read as follows: Sec. 25'/2-2. Definitions. (n) Federal -aid primary system shall mean that portion of connected main highways which were designated by the Texas Transportation Commission as the federal -aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the National Highway System. (o) National highivay system shall mean that portion of connected main highways located within the State of Texas which now or hereafter may be so designated officially by the Texas Transportation Commission and approved pursuant to 23 United States Code § 103. Section 2: That Chapter 251/2 "Standard Sign Code," Section 251/2 -4 "Sign Administrator; enforcement," Subsection (f) "Variances," Subsection (1)(e) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25%2 -4. Sign administrator; enforcement. (f) Variances. ® (1) The chief building inspector of the City of Baytown shall hear and render judgment on any request for variance from the requirements of this chapter only if such variance: e. The proposed sign for which a variance is requested will be located within two hundred (200) feet of the interstate highway system. Section 3: That Chapter 251/2 "Standard Sign Code," Section 251/2 -7 "Structural requirements," Subsection (E) "Height Limitation," Subsection (2) "Exception" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25/2-7. Structural requirements. (E) Height limitation: (2) Exception. On- premise signs can be constructed eighty (80) feet in height if located within two hundred (200) feet of the interstate highway system. Only one eight -foot sign shall be permitted on one parcel of property. Section 4: That Chapter 251/2 "Standard Sign Code," Section 251/2 -8 "Designation of scenic or historical rights -of -way, districts" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25 %, -8. Designation of scenic or historical rights-of-way, districts. This section shall govern the designation of scenic or historical rights -of -way or districts within the city limits. The provisions of this section shall not apply to signs lawfully erected and lawfully existing on the date of final passage of this chapter which are on the federal -aid primary system and subject to regulation under the provisions of the Texas Litter Abatement Act, Tex. Rev. Civ. Stat., art. 4477 - 9a, including all amendments (the Texas Act), 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). Section 5: That Chapter 251/2 "Standard Sign Code," Section 251/2 -10 "Of- premise sign provisions," Subsection (C) "General Location," "Spacing of Off - Premise Signs" chart of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25`/2-10. Off- premise sign provisions. (C) General Location. is Spacing of Off - Premise Signs 2 • v Section 6: That Chapter 251/2 "Standard Sign Code," Section 251/2 -10 "Off-premise sign provisions," Subsection (E) "Construction of Certain Off- Premise Sign Structures" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25'/2 -10. Off - premise sign provisions. (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 highway system shall be supported by columns spaced a minimum of eight (8) feet apart. Section 7: 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 8: 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. 3 Distance to Other Signs (In Feet) Face Area of Sign Area Area Area 300 -900 100 -300 Less Than Feet Feet 100 Feet In excess of 300 400 400 400 square feet.... 100 -300 square 400 200 200 feet.... Less than 100 square 400 200 100 feet.... All signs on interstate 500 500 500 highway system.... Section 6: That Chapter 251/2 "Standard Sign Code," Section 251/2 -10 "Off-premise sign provisions," Subsection (E) "Construction of Certain Off- Premise Sign Structures" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Sec. 25'/2 -10. Off - premise sign provisions. (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 highway system shall be supported by columns spaced a minimum of eight (8) feet apart. Section 7: 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 8: 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. 3 Section 9: 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 affinnative vote of the City Council of the City of Baytown, this the 12 "' day of June, 1997. PETE C. ALFARO, Mayor ATTEST: EILEEN,P. HALL, City Clerk APPROVED AS TO FORM: 4'4��-a L=!Z� -C4 AGt(AC'IO RAMIREZ, S . ity Attorney c:klMI\ councill ordinancc\ SignReviscdDefinilion.Ordinance E