HomeMy WebLinkAboutOrd 745 Amending Chapter 70 providing for Sign RegulationsTOWN OF WESTLAKE
ORDINANCE NO. 745
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 70
TITLED "SIGNS" BY AMENDING SECTIONS 70-12, 70-18, AND 70-19; PROVIDING
FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS; BY DESCRIBING
PROHIBITED SIGNS; BY DEFINING THE FUNCTIONS OF THE TOWN COUNCIL
RELATIVE TO THE ISSUANCE OF SIGN PERMITS; PROVIDING A PENALTY;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare of the residents and visitors of the Town of Westlake that signage be
regulated within the town limits; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of
the town and its citizens that the amendments (Exhibit "A") to the Code of Ordinances should
be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 70 "SIGNS", Sections 70-12, 70-18, and 70-19 of the Town
of Westlake Code of Ordinances, as amended, is hereby amended as follows:
See Exhibit "A"
SECTION 4: That all provisions of Ordinance 633, and the Code of Ordinances, not
hereby amended shall remain in full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
Ordinance 745
Pagel of 6
Exhibit "A"
Deletions are shown with strikethrough and additions are shown with underline.
Sec. 70-12. - Signs and display cases within commercial districts.
(a)
(b)
(c)
Generally. All signs or display cases in the commercial districts require a sign permit. The
town manager or a designated representative may, subject to the standards set forth in this
chapter, approve an application for a sign or display case. All permits shall be for a specific
location and the moving of such signs or display cases shall require a new permit. The
regulations in this section shall apply within the commercial districts.
Prohibited signs and displav cases. No sign or display case shall be permitted that:
(1)
Is incompatible in design with the building and space allotted.
Is flashing; phosphorescent, moving or primarily glossy.
Projects or extends above the cave or parapet line, if attached to any structure.
Is for a business which does not have a certificate of occupancy on file with the town.
Could create confusion to the public or to police and fire response calls in
emergencies, or tends to degrade the character of the town, affect the peace, health and
welfare of the community or result in a degradation of property values and/or an
increase in the cost of municipal services.
Maxinnatm allm,table sign area. The maximum aggregate area of all signs shall not exceed
the following for buildings within the commercial district:
(2)
The maximum aggregate sign area of all signs on a building is four percent of the
aggregate area of all street facing building facades.
The maximum aggregate sign area of all signs advertising any one business is the
lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the
street facing building facade occupied by such business. Each business that occupies
any portion of a street facing building facade shall be entitled, as a minimum, to one 20
square foot sign notwithstanding the aggregate limits set forth herein.
Ordinance 745
Page of
(d)
(e)
(4)
(5)
Signs must be architecturally consistent with the buildings to which they are attached.
A building designed in such a way as to have business locations within the interior of
the structure served by an interior mall or by other means of ingress and egress by the
public shall be limited to one sign at each entry identifying the building or mall name
and a directory which may contain the names of all businesses within the building.
Individual businesses within the building shall be limited to one projecting sign not to
exceed three square feet in area or one flat sign not to exceed six square feet in area
when approved by the town council. Interior business locations shall not be entitled to
individual signs on the exterior of the building adjacent to the public way or individual
signs within the mall or walkway area of the building other than as permitted in this
subsection.
The town council may make special exemptions to the allowable areas in this
subsection where hardship is incurred or where unusual design of a building requires
special consideration.
Sims exerng3t fYoin. for final review:
(1)
(2)
(3 )
(4)
Interior signs of 160 square inches or less when the aggregate area does not exceed that
allowable for interior signs.
Temporary signs as provided for in this chapter.
Political signs so long as they do not exceed the maximum square footage provisions
of this section. Thirty days atter the election, which includes any run-off election, all
political signs pertaining to such election shall be removed or be subject to removal by
the town. Candidates shall be responsible for removal of their political signs. If the
town removes the signs, it may assess the candidate the actual costs of removal.
Signs advertising civic events sponsored by the town, Westlake Academy or other
local civic clubs provided that no sign shall be allowed to remain posted longer than
seven days before the event and be removed within 24 hours of the conclusion of the
event. Location of these temporary signs must be approved in advance by the town
manager or his designee.
Sign area. In calculating the area of signs, the following shall apply:
(1)
All faces of a multi -faced sign shall be included except for double-faced signs in which
case only one face shall be included.
Ordinance 745
Page 4 of 6
(fl
(g)
(2)
(3)
For irregular shaped signs, the area shall be that of the smallest rectangle that will
wholly contain the sign.
That with the exception of signs which are allowed to be painted directly on a wall the
area of a sign shall include the board or other material of which the sign is a part,
including framing, visual or otherwise, but exclusive of the brackets frons which the
sign is hung.
Stanclards for displav cases.
(1)
(2)
(4)
(5)
(6)
All display cases shall be in size and scale with their surroundings and shall be
designed in keeping with the existing architecture.
Display cases shall not exceed ten square feet in area or ten cubic feet in total volume.
Display cases shall contain but one sign no larger than necessary to identify the owner
of the case and direct the public to the store where the merchandise displayed is sold.
The sign shall not exceed 24 square inches.
Display cases shall be located on the same property as the business premises to which
the display case applies.
All display cases shall be maintained in accordance with the approval granted for their
placement.
Merchandise displayed in the case shall be typical of products for sale in the business
premise and the case shall not be used to display wares of another business located
elsewhere or of merchandise not available in the store to which the display case has
been permitted.
Special exceptions. The town council may consider resolutions which grant special
exceptions to this subsection where hardship is incurred or where unusual circumstances
warrant special consideration.
See. 70-18. - Prohibited advertising devices.
The following types of signs and advertising devices are not permitted within the corporate
limits of the town:
Ordinance 745
Page 5 of 6
Advertising searchlights.
All off -premises commercial signs and billboards.
Sky signs.
Sandwich or "A-fi-ame" signs.
Sidewalk or curb signs.
Tethered pilotless balloons or other gas-filled advertising devices.
Signs placed on vehicles and used as stationary advertising devices.
Mobile advertising.
Changeable copy sign.
Sec. 70-19. - Functions of the town council.
Signs that do not comply with all of the applicable regulations contained within this chapter
may seek approval by the Town Council after receiving a recommendation from the Planning
and Zoning Commission. The town council may consider resolutions which grant special
exceptions to this chapter where hardship is incurred or where unusual circumstances warrant
special consideration.
In reviewing the applications, the council will uphold the intent of this chapter and will
ensure that the signs will be compatible with the property and use thereof, and will not create
hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the
stability and value of property, or produce degeneration of property with attendant deterioration
of conditions affecting the peace, health and welfare of the town.
Ordinance 745
Page 6 of 6
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 26`h DAY OF JANUARY 2015.
ATTEST:
Kell Edwa d ,—Town Secretary
La a Wheat, Mayor
Thomas E. Brix e , q*n Manager
r
APPROVE > AS -ft ORM' OF Wi
L.nton Loww.ry, To`ivn Attorney ' 'F
TFX AS
Ordinance 745
Page 2 of 6
INVOICE
Star -Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
TOWN OF WESTLAKE
3 VILLAGE CIR STE 202
WESTLAKE, TX 76262-7940
1 34
Misc F
THE
Customer ID:.
TOW27
Invoice Number:
332906531
Invoice Date:
1/31/2015
Terms:
Net due in 21 days
Due Date:
1/31/2015
PO Number:
Order Number:
33290653
Sales Rep:
073
Description:
TOWN OF WESTLA
Publication Dates:
1/30/2015 -1/3112015
34 LINE $6.13 $417.08
$10.00
Net Amount: $427.08
i ","Y °4 C-1111111 LYNNE HOLLAND
l '' �` Notary Public, State of Texas
�'*y= My Commission Expires
';'FOFs;r July 31, 2016
�au,na
v,�nes ,Qrnlrtanc srrarr� :_ ersonaily appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, publis ed y t e ar- a egram, nc. a o o in arrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in the ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7039 {�
Signed 1 � Q�
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Fe4rG4 Q�, 2015.
Notary
Thank You For Your Payment
Remit To: Star -Telegram Customer ID: TOW27
P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 332906531
Invoice Amount: $427.08
PO Number:
Amount Enclosed: $