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O-88-2324 - 2/25/1988THAT: ORDINANCE NO. e213,g4 AN ORDINANCE AMENDING CHAPTER 4, SECTION 6, CODE OF ORDINANCES, BY ADDING SUB -SECTION L; PROVIDING FOR SPECIAL EXCEPTIONS TO SETBACK AND HEIGHT REQUIREMENTS FOR SIGNS ON PROPERTY ADJACENT TO INTERSTATE 35; ESTABLISHING REQUIRED FINDINGS FOR THE GRANTING OF SPECIAL EXCEPTIONS; ESTABLISHING THE BURDEN OF PROOF; LIMITING HEIGHT EXCEPTIONS TO FIFTY FEET (50'); PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. Chapter 4, Section 6, Code of Ordinances, City of Round Rock is hereby amended by adding a Subsection L, which subsection shall read as follows: L. SPECIAL EXCEPTIONS (1) The development review board shall have the power to issue a special exception to the setback and/or height requirements provided for herein. (2) Before issuing a special exception to the setback and/or height requirements, the development review board shall make the following findings: (a) That the parcel of land for which the special exception is requested is zoned C-1 or C-3 and is adjacent to the right-of-way for Interstate Highway 35; (b) That the sign will be used to advertise only on-site restaurants, businesses selling motor vehicle fuel, or hotels, motels, and other establishments providing overnight lodging; and (c) That a sign constructed in compliance with the setback and height requirements on any permitted location could not be seen from any main lane of Interstate Highway 35 from a location more than one thousand feet (1000') prior to the nearest exit which provides access to the affected business. The point from which the one thousand feet (1000') is measured shall be the point of tangency between the main lanes of Interstate 35 and the exit ramp. (3) The burden of proof regarding the above findings shall be on the applicant requesting the special exception. (4) Any special exception granted shall be only for the minimum necessary to achieve the required visibility, but in no event shall a special exception be granted for a sign in excess of fifty feet (50') in height. Under no circumstance shall a special exception be granted for the following: (a) Any sign, sign structure, or advertising device not specifically permitted in this section. (b) Any sign or device which by design or location resembles or conflicts with any traffic control sign or device. (5) T19ORDINANCE (c) Any sign or device that creates a potential safety hazard by obstructing views of pedestrian and vehicular traffic at street intersections or driveways or by creating glare or other hazardous distraction. (d) Any sign or device that is erected within six feet horizontally or twelve feet vertically of any overhead electric conductors. (e) Any roof sign, portable sign, billboard, balloon inflatable, any sign constructed of a nondurable material, signs in the public right-of-way, wind driven advertising devices and flashing signs. II. 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. Alternative 1 By Motion duly made, seconded and passed with an affirmative vote of all Council Members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED and ADOPTED on first reading this the e;`is� ) 1h day of b L , 1988. Alternative 2 READ AND APPROVED on first reading this day of , 1988. READ AND APPROVED on second reading this day of , 1988. ATTEST: inrrre� 66 E LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 2. DATE: February 22, 1988 SUBJECT: Council Agenda, February 25, 1988 ITEM: 11A. Consider an ordinance amending the Sign Ordinance. (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Staff recommends approval. This ordinance provides for a special exception for businesses marketing restaurant food, lodging or fuel which have frontage on IH 35. This ordinance provides for a special permit to be granted by the Development Review Board when the standard 30 foot sign can not be seen from any main lane on the interstate or minimum of 1,000 feet before the exit serving the subject business. The maximum height with a special permit may not exceed 50 feet.