Ord. 509- C 08-23-99ORDINANCE NO. 509-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 22, SIGNS, OF THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND CODE
OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION 22.18,
APPLICATION TO EXTRA TERRITORIAL JURISDICTION (ETJ) TO
SECTION 22.19, AND ADDING A NEW SECTION 22.18 TO BE
ENTITLED USE OFBANNERS, TO REGULATE THE USE OF BANNERS IN
THE CITY AND ACHIEVE A PROPER BALANCE BETWEEN AESTHETIC
CONSIDERATIONS AND THE NEED OF BUSINESSES FOR ADVERTISE-
MENT; AND PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 22, Signs, of the Land Use and Urban Development
Ordinance of the City of Pearland Code of Ordinances, is hereby amended to
RENUMBER the current Section 22.18, Application to Extraterritorial Jurisdiction (ETJ) ,
to Section 22.19, and to ADD a new Section 22.18 to read as follows:
"Section 22.18. Use of Banners.
(1)
A banner is hereby defined to be a temporary sign as that term is defined
under Section 3 of this Ordinance that is designed to be attached or
installed with rope, wire, or other temporary means so as to allow ease
of installation and removal.
(2)
The use or display of banners is hereby prohibited unless a permit for
such use is obtained from the Building Official or his designee. A banner
permit may be issued only in the following circumstances:
(a)
Any premise or nonresidential occupancy may display one (1)
banner sign announcing a grand opening of a new business.
Display of such sign is limited to a maximum of thirty (30) days
per opening. The privilege to begin display of such sign expires
three (3) months after the issuance of a certificate of occupancy.
Use of grand opening signs only apply to new ownership. At least
ORDINANCE NO. 509-C
(3)
(4)
one-half (~) of all readable copy on the banner must state "Grand
Opening" or "Now Open."
(b)
Any non-profit organization or governmental entity may display
banner signs containing a message directly related to a special
event provided, however, that such banners may be displayed no
more than fourteen (14) days prior to the event and must be
removed within three (3) days after the conclusion of the event.
Displays under this classification will be limited to three (3) per
year.
(C)
Banners may be allowed for the temporary identification of a
business if the business owner provides the Building Official
written evidence that a permanent sign order has been executed
and the business owner is awaiting installation of said permanent
sign. As a temporary identification device, the banner must meet
size, dimension, lettering, and layout specifications for building-
mounted signs and must be securely fastened on a minimum of
six (6) locations to the fascia. If the banner meets these
conditions, it will be permitted for identification purposes for a
period not to exceed thirty (30) days.
(d)
Any premise or non-residential occupancy may use banners to
advertise sales events fourteen (14) times per year for a total
duration of twenty-four (24) days inclusive. The occupant has the
option of dividing the total days among the fourteen (14) events,
with the minimum duration of display being one (1) day.
Any banner permitted in accordance with this Ordinance shall be
displayed at the permittee's normal place of business or operation and
shall be affixed to that side of the building facing the street on which the
permittee is addressed.
The cost for a banner permit shall be Ten Dollars (910.00), and shall be
paid at the time of application. Each application shall include the period
of display for the banner to be permitted, including the day that the
display will start and the day when it will cease. The display period shall
be continuous and uninterrupted by periods of non-display. A separate
permit shall be required for each period of display of the banner. Multiple
periods of display will not be allowed on one permit.
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ORDINANCE NO. 509-C
(5) Unless otherwise provided, the maximum size allowed for a banner shall
not exceed a total of fifty (50) square feet.
(6) Banners used or displayed in violation of this section shall be subject to
removal by the Building Official or his designee. Business owners who
cause or permit the illegal use or display of banners on their premises
may be fined an amount not to exceed Two Hundred Dollars (9200.00).
(7) Banners displayed pursuant to District 12 guidelines for the temporary
installation of banners over state rights-of-way shall be exempt from the
terms of this Ordinance."
Section 2. Banners that are in use or on display at the time this Ordinance
goes into effect shall be taken down or removed unless application is made and
permits are issued for their display. For the purposes of permitting, existing banners
will be treated as if their first day of display is the day that this Ordinance goes into
effect. Banners are hereby exempted from the provisions relating to non-conforming
uses contained in Section 22.16 of the Land Use and Urban Development Ordinance.
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
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ORDINANCE NO. 509-C
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be'published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 9TM
A. D., 1999.
__ day of August ,
MAYOR
ATTEST:
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ORDINANCE NO. 509-C
of August, A. D., 1999.
PASSED and APPROVED ON SECOND AND FINAL READING this the
TOM REID
MAYOR
23'd .day
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER'
CITY ATTORNEY
VOTING RECORD (SECOND AND FINAL READING
AUGUST 23, 1999)
Voting "Aye" - Councilmembers Berger, Beckman, Seeger,
Tetens, and Wilkins.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: SEPTEMBER 1, 1999
EFFECTIVE DATE: SEPTEMBER 10, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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