HomeMy WebLinkAboutOrdinance - 2006-O0030 - Amending Chapter 29, Sect. 29-3(14)Bof "Zoning"; Electronic Message Display - 03/08/2006First Reading
March 8, 2006
Item No. 6.5
ORDINANCE NO. 2006-o0030
Second Reading
March 23, 2006
Item No. 6.2
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY AMENDING SECTION
29-3(14)b TO INCLUDE ELECTRONIC MESSAGE DISPLAYS AND BY ADDING
DEFINITIONS (105h.l) FOR "SIGN, ELECTRONIC GASOLINE PRICE" AND
(105H.2) FOR "SIGN, ELECTRONIC MESSAGE DISPLAY;" BY AMENDING
PARAGRAPHS (c)(2) AND (f)(l)a BY ADDING EXCEPTIONS TO THE
PROHIBITION AGAINST SIGNS WITH FLASHING, BLINKING OR TRAVELING
LIGHTS; BY ADDING PARAGRAPH (f)(l)j TO INCLUDE ELECTRONIC
MESSAGE SIGNS IN NONCONFORMING SIGN ABATEMENT; BY AMENDING
SECTION 29-26( o) TO ALLOW BILLBOARDS WITH ELECTRONIC MESSAGE
DISPLAYS; BY REPEALING SECTIONS 29-26(h)(5)b5, 29-26(i)(7)b5 AND 29-
26(i)(8) REFERRING TO PRISM AND ROTATING SIGNS; AND BY ADDING
PARAGRAPH 29-26(i)(l0) TO ADD ELECTRONIC GASOLINE SIGNS AND
PARAGRAPH 29-26(i)7B7 TO REGULATE ELECTRONIC MESSAGE DISPLAYS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
WHEREAS, the proposed changes to Chapter 29 as hereinafter made have been
duly presented to the Planning and Zoning Commission for its recommendation which
was received by the City Council and, after due consideration, the City Council finds that
due to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes; and
WHEREAS, it is the intent of the City Council that this ordinance not replace,
override or reduce the underlying sign ordinance of the City of Lubbock, which regulates
free-standing signs, wall signs, canopy signs, roof signs, temporary signs and billboards;
and
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance have been fully complied with, including giving notices in
compliance with the notices provided by the Texas Local Government Code §211.007
(Vernon, 1997), and notice was duly published in the Lubbock Avalanche-Journal more
than fifteen (15) days prior to the date of the public hearing before the City Council on
such proposed amendment, and the public hearing according to said notice, was held in
the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
persons appeared in support of the proposal; and after said hearing, it was by the City
Council determined that it would be in the public interest, due to changed conditions, that
the Zoning Ordinance be amended in the manner hereinafter set forth in the body of this
Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW
THEREFORE:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Section 29-3(14)b of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
"b. Electronic message display meeting all the operational requirements
for an electronic message display sign; or"
Section 2. THAT Section 29-3 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended by adding a paragraph, to be numbered (105h.l), which
paragraph shall read as follows:
"(105h.l) Sign, electronic gasoline price: Any electronic message display sign
capable of only displaying the price of gasoline, no other message shall be
allowed. Gasoline price signs shall change only when the price of gasoline
changes."
Section 3. THAT Section 29-3 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended by adding a paragraph to be numbered (105h.2), which
paragraph shall read as follows:
"(1 05h.2) Sign, electronic message display: A sign capable of displaying words,
symbols, figures, or images that can be electronically or mechanically changed by
remote or automatic means, including time and temperature signs."
Section 4. THAT Section 29-26( c )(2) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
"(2) Signs with flashing, blinking, or traveling lights, regardless of wattage,
which are located within forty-three (43) feet of any street right-of-way except
electronic message displays and electronic gasoline price signs. Signs with
flashing, blinking or traveling lights, regardless of wattage, which are located
within one thousand (1 000) feet of any street intersection except electronic
message displays and electronic gasoline price signs."
Section 5. THAT Section 29-26(f)(l)a of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
"a. signs with flashing, blinking, or traveling lights, regardless of wattage, which
are located within forty-three ( 43) feet of any street right-of-way except electronic
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message displays and electronic gasoline price signs meeting the requirements for
each. Signs with flashing, blinking, or traveling lights, regardless of wattage.
which are located within one thousand (1 ,000) feet of any street intersection
except electronic message displays and electronic gasoline price signs meeting the
requirements for each."
Section 6. THAT Section 29-26(f)(l) of the Code of Ordinances, City of
Lubbock, Texas is hereby amended by adding a paragraph, to be numbered 29-26(f)(l)j,
which paragraph shall read as follows:
"j. Electronic message displays signs and electronic gasoline price signs.
Section 7. THAT Section 29-26( o) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by replacing the reference to multi-prism signs with
electronic message display signs and by adding a paragraph to be numbered 29-
26(o)(lO)to read as follows:
"1 0. Billboards with electronic message displays shall be subject to all
operational requirements for electronic message display signs."
Section 8. THAT Section 29-26(h)(5) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by repealing and reserving the whole of subsection
29-26(h)(5)b5 which refers to rotating freestanding signs.
Section 9. THAT Section 29-26(i)(7)b of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by repealing and reserving the whole of subsection
29-26(i)(7)b5 which refers to rotating signs.
Section 10. THAT Section 29-26(i)(7)b of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by adding a paragraph to be numbered 29-26(i)(7)b7,
which paragraph shall read as follows:
"7. Electronic message display signs may be attached to a primary
identification freestanding sign and shall be subject to the following
operational requirements:
a. Operational limitations. Such displays shall contain static
messages only and shall not have movement, or the
appearance or optical illusion of movement, of any part of
the sign structure, desi~ or pictorial segment of the sign,
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including the movement or appearance of movement of any
illumination or the flashing, scintillating or varying of light
intensity.
b. Pages per message. Each message is limited to one (1)
page.
c. Message Change Sequence. A maximum of 0.3 seconds
shall be provided between each message/page displayed on
the sign. No message is to appear to be written on or erased
from the display piecemeal, i.e., less than the entire message
at once.
d. Minimum Display Time. Each message/page on the sign
must be displayed for a minimum of ten seconds."
Section 11. THAT Section 29-26(i)(8) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
"(8) Roof signs. Roof signs on a building which is eight (8) stories or more in
height shall not be limited by section 23.9-7-2-6[29-26(i)(7)(b)(6)] except for its
allowable square footage requirement."
Section 12. THAT Section 29-26(i) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by adding a paragraph to be numbered 29-26(i)(10),
which paragraph shall read as follows:
"10. Electronic gasoline price signs meeting all requirements for a wall sign,
canopy sign or on a freestanding primary identification sign."
Section 13. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/1 00
Dollars ($2000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
Section 14. THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
Section 15. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 8th day of Karch
Passed by the City Council on second reading this2lni day of March
, 2006.
,2006.
TOM MARTIN, MAYOR PROTEM
ATTEST:
R~~Sec~
APPROVED AS TO FORM:
......-tt--~· <__c=!r' c:?~~
Linda L. Chamales, Senior Attorney
Office Practice Section
LC: cityatt/Linda/Zoning Amendment-Electronic Message-Council
March IS, 2006
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