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G-08-05-08-9B1 - 5/8/2008 ORDINANCE NO. !k-02j-0-(6-,%( AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3.1403 AND 3.1408, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING BUSINESS USES SIGNS AND SIGNS, POSTERS AND OUTDOOR ADVERTISING IN PUBLIC RIGHTS-OF-WAY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 3 , Section 3 . 1403 , Code of Ordinances (1995 Edition) , City of Round Rock, Texas, is hereby amended to read as follows : Table 3.1403 Authorized Free Standing Business Use Signs (One (1) sign per lot, unless otherwise stated. In no instance shall a sign, including any portion of its base or supporting structure, encroach into any easement unless written permission is given by the City Engineer. Additional sign standards are found in Chapter 11 of the Code of Ordinances that pertain to the specified zoning districts.) Business Use Sign Area Height Front Spacing (as defined) (maximum: (maximum: feet) Setback (minimum: feet) square feet) (minimum: feet) Any Business Use 1') 50 5 0 not applicable (Monument Sign Only) Small Center 40 20 10 not applicable Fuel Outlet 40(2' 20 10 not applicable Tenancy 100(3) 20 10 not applicable Large Center 200 30 15 150 3-acres plus Two signs per three acres14) 0:\WDOX\ORDINANC\080424B2.DOC/jr Small Center 320 30 25 150 (Frontage Road) Large Center 320 30 25 150 3-acres plus Two signs per (Frontage Road) three acres (4) Notes: 1. Any business may utilize a Monument Sign, with a maximum sign area of 50 square feet, a maximum height of 5 feet and with no minimum setback, as a substitute for any sign listed above. 2. A 50 square foot sign is authorized only if it includes a gasoline price posting on a single sign. 3. A 100 square foot sign is authorized provided no single tenant is allocated more than 40 square feet of sign area. 4. Additional signs shall be permitted to each Large Center on the basis of one additional sign for each additional four (4) acres of land, up to a maximum of four signs. II. That Chapter 3, Section 3 . 1408, Code of Ordinances (1995 Edition) , City of Round Rock is hereby amended to read as follows : 3.1408 SIGNS, POSTERS AND OUTDOOR ADVERTISING PROHIBITED IN PUBLIC RIGHTS-OF-WAY (1) It is unlawful and a misdemeanor for any person to: (a) place a sign, poster or outdoor advertising within the public ways, streets, or road rights-of-way within the incorporated limits or extraterritorial jurisdiction of the City of Round Rock, Texas or; (b) commission, authorize, or request a sign that is placed within the public ways, streets, or road rights-of-way within the incorporated limits or extraterritorial jurisdiction of the City of Round Rock, Texas. (2) Any sign, poster or outdoor advertising found within the prohibited area shall be declared a public nuisance and may be removed by the City. (3) Any sign, poster or outdoor advertising removed by the City shall immediately become the property of the City. (4) The removal of any sign, poster or outdoor advertising by the City shall not preclude the City from prosecuting any person for violating this subsection. (5) The person whose name, likeness, logo, contact information or other identifying information appears on any sign placed in violation of this section is presumed to have commissioned, authorized, or requested a sign that is placed in violation of this section and commits an offense. 2 (6) Proof of a culpable mental state is not required for conviction of an offense under this section. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the day of A" , 2008 . 16.READ, APPROVED and ADOPTED on s co a g th s the day of , NYL EL , Mayor C y of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 3 DATE: May 2, 2008 SUBJECT: City Council Meeting—May 8, 2008 ITEM: *961. Consider an ordinance amending the Sign Ordinance, Section 3.1403 Business Uses Sign and Section 3.1408, Signs, Posters and Outdoor Advertising in Public Rights-of-Way. (Second Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: Revisions to two sections of the Sign Ordinance are proposed. The reason for the amendment to Section 3.1403 related to business uses signs is to decrease the setback for freestanding signs in large centers so it matches the setback required for buildings in commercial zoning districts. An amendment to Section 3.1408 is proposed as a result of the passage of House Bills 412 and 413 which will allow prosecution of the advertiser on any sign placed in public rights- of-way. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: In the table in Section 3.1403, the minimum front setback for signs in large centers will be decreased from twenty-five (25) feet to fifteen (15) feet to match the standard minimum setback from the street for buildings in the C-1 (General Commercial) and C-1a (General Commercial — Limited) zoning districts. In addition, the following language was added to the Section to further clarify the requirements in the table: "In no instance shall a sign, including any portion of its base or supporting structure, encroach into any easement unless written permission is given by the City Engineer. Additional sign standards are found in Chapter 11 of the Code of Ordinances that pertain to the specified zoning districts." An amendment to Sign Ordinance Section 3.1408 will make the person who commissioned, authorized or requested the sign subject to a misdemeanor fine for putting the sign in the right- of-way. Public Comment: N/A