AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS AMENDING SECTION 3.1406
OF THE CITY OF BASTROP CODE OF ORDINANCES RELATING TO "PROHIBITED
SIGNS" TO PROHIBIT COMPUTERIZED OR ANIMATED SIGNS EXCEPT FOR
CERTAIN THEATER MARQUEES AND TIME AND TEMPERATURE SIGNS; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 3.1406(7) of the City's Code of
Ordinances currently prohibits computerized or animated signs, except
for signs that display the local time and temperature only and which
do not exceed nine (9) square feet in size; and
WHEREAS,
moving lights are a traditional use on theater marquees and the City
desires to allow computerization or animation on theater marquees
as long as such signage is not hazardous or distracting to persons
traveling on nearby roadways and not a nuisance to adjacent properties;
and
WHEREAS,
the City's Planning & Zoning Commission considered this Code change
at their regular meeting on April 10, 2003 and recommended its approval
by the City Council.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Part 1:
The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated
by reference herein and expressly made a part hereof, as if copied
verbatim.
Part 2:
Item 7 of Section 3.1406 "Prohibited Signs" of the Code
of Ordinances of the City of Bastrop is hereby amended as shown below:
Sec.
3.1406 Prohibited Signs
All signs
not expressly allowed under this Article or exempt from regulation hereunder
are prohibited. Other prohibited signs include, but are not limited
to: 1. Signs in agricultural/open space zones;
2. Beacons;
3. Pennants;
4. Signs which imitate or resemble any official traffic sign, signal
or device;
5. Strings of lights not permanently mounted to a rigid background;
Ordinance No.
Prohibited Signs - Theater Marquees Page 1 of 3
6. Portable signs, except menu/sandwich board signs and portable political
signs that meet the definitions in Section 3, and the requirements of
Section 4.B. of this Article;
7. Computerized and/or animated signs, except for (a) theater marquees
(attached to the theater building itself) that are situated in such
a manner that they are not distracting to vehicular traffic and are
not a nuisance to adjacent property, and (b) signs that display the
local time and temperature only and which do not exceed nine (9) square
feet in size;
8. Signs which are erected or maintained upon utility poles, trees or
painted or drawn upon rocks or other natural features;
9. Roof signs;
10. Advertising benches,
11. Pole-mounted, non-lettered, physical representative signs, including
without limitation pole mounted automobiles, boats, airplanes or similar
objects are prohibited;
12. All signs shall be prohibited from being permitted, constructed,
erected, installed, or maintained within the visibility triangle of
a street intersection; and
13. Monument signs over four (4) feet in height, except for monument
signs identifying the name of a subdivision, which may not be over six
(6)feet in height.
14. No permit shall be issued for any billboard or sign of any sort
which includes animation, including but not limited to parts which move,
flashing or changing natural or artificial light or color, smoke or
other moving parts.
15. Signs on utility poles.
16. Signs in the visibility triangle, or signs that otherwise cause
a safety hazard by obscuring or interfering with a driver's view of
an official traffic sign, signal or device, or that obstruct or interfere
with a driver's view of approaching, merging, or intersecting traffic.
Part 3:
The City Manager and City Secretary are hereby authorized and directed
to make the necessary changes to all records of the City of Bastrop
to reflect this amendment.
Part 4: All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed,
and are no longer of any force and effect. If any provision of this
ordinance or application thereof to any person or circumstance, shall
be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect
without the invalid provision or application, and to this end the
provisions of this ordinance are hereby declared to be severable.
Part 5: This Ordinance shall become effective in accordance with the
City Charter and the laws of the State of Texas.
Ordinance No.
Prohibited Signs - Theater Marquees Page 2 of 3
READ and ACKNOWLEDGED on First Reading on the 22nd day of April 2003.
READ and ADOPTED on Second Reading on the 13th day of May 2003.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Miertschin, City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP,
City Attorneys
