HomeMy WebLinkAboutResolution - 1871 - Approve Codes Administrator Interpretation-Zoning Ordinance-Noncommerical Sings - 11/08/1984Resolution #1871
November 8, 1984
` Agenda Item #32
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RESOLUTION
WHEREAS, the City of Lubbock has historically declined to attempt any
control over the subject matter of both commercial and noncommercial signs,
billboards and other advertising devices and displays; and,
WHEREAS, at the time of enactment of Ordinance No. 7084, the intent
and purpose of the sign and billboard regulations was to promote traffic
safety and preserve and protect the neighborhood values of all of the
citizens; and,
WHEREAS, the Codes Administrator has consistently interpreted the few
provisions relating to message or content of advertising in the Ordinance
as applicable to commercial messages only; and,
WHEREAS, by virtue of repeated and consistent interpretations of said
Ordinance by the Codes Administrator, properly installed, sized and located
signs, billboards and other advertising devices allowed in each or any
district by this Ordinance have been held entitled to display noncommercial
messages or contents without regard to the "on premise" or other language
content limitations applicable to commercial signs; and,
WHEREAS, some question has been raised as to whether these consistent
interpretations by the Codes Administrator are consistent with the intent
of the City Council of the City of Lubbock, Texas, in the enactment and
enforcement of Ordinance No. 7084; and,
WHEREAS, to eliminate any question or confusion as to these interpre-
tations the Codes Administrator has submitted to the City Council his most
recent Administrative Decision for our determination as to its consistency
with the intent of the City Council in the adoption and enforcement of
Ordinance No. 7084, of the City of Lubbock, Texas; and,
WHEREAS, the City Council having examined this Administrative Decision
by the Codes Administrator and finding that same is consistent with the
intent of the City Council of the City of Lubbock, Texas, in the enactment
and enforcement of said Ordinance No. 7084; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The amended Administrative Decision by the Codes Administrator of the
City of Lubbock, Texas, dated the 1st day of November, 1984, a copy of
which is attached hereto and incorporated herein by reference for all
purposes, is hereby found by the City Council to be wholly consistent with
the intent of the City Council of the City of Lubbock, Texas, in the
enactment and enforcement of said Ordinance No. 7084; and is hereby in all
things ratified and confirmed by the City Council of the City of Lubbock,
Texas;
Should any reasonable questions persist after the passage of this
Resolution, the Codes Administrator in conjunction with the City Attorney,
shall commence preparation of such amendatory instruments as necessary, if
any, to cause, in the manner provided by law, the amendment of said
Ordinance No. 7084, to unequivocally express and reflect specifically and
affirmatively the above expressed intent of the City Council.
The requirements of permits and restrictions on time, place, size,
height, setback, separation and districts of location of each type of sign,
billboard or other advertising devises, were enacted as reasonable and
necessary limitations essential to the promotion of traffic safety and
other interests of the public health, safety and general welfare of the
citizens of the City of Lubbock, Texas, as set out among the purposes in
the enactment of said Ordinance No. 7084. These limitations shall be
interpreted as applicable to all legally installed signs, billboards, etc.,
without regard to message or content.
Any lawfully erected and existing sign, billboard, etc. under said
Ordinance No. 7084, may be utilized for any noncommercial message irre-
spective of any language of the Ordinance which might be subject to
interpretation to the contrary. On premise or other content or message
limitations shall always be construed and interpreted as only applicable to
commercial signs.
The determination of what messages or content is subject to noncom-
mercial protection under the First Amendment to the U. S. Constitution,
shall be by determination by the judiciary under Sec. 29-31(c) of said
Ordinance No. 7084, of the City of Lubbock, Texas.
Passed by the City Council this 8th
A EST:
RaneLtte Boyd
City 'Secretary
APPROVED AS TO CONTENT.
Rod Bouffard
Codes Administrator
APPROVED AS TO FORM:
�q/ames�P_,Br_ewster
Civil Tral Attorney
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984.
ADMINISTRATIVE DECISION OF THE CODES ADMINISTRATOR
Administrative Decision Concerning Signs and Their Placement
November 1, 1984
Any sign or billboard allowed at any location in the City of
Lubbock by Zoning Ordinance No. 7084, may be utilized for
noncommercial messages. Any limitations in the Ordinance as to
sign subject matter, or limitations as to on premise goods or
activities shall have no application to noncommercial messages.
However, all restrictions of this Code as to sign or billboard
size, setback, square footage, height, permits, etc., shall apply
to all signs without regard to the subject matter of any display
whether the message be commercial or noncommercial.
By the term noncommercial is meant any subject matter of a
political, religious, charitable or eleemosynary nature; any
message of belief, faith, opinion, or preference not pertaining
to a commercial activity or product; and any other social,
sociological, or philosophical interest or ideal; and any other
noncommercial activity or idea recognized by judicial decree as
being subject to protection by the First Amendment to the United
States Constitution.
Challenge by the zoning officials as to whether any message
is in fact a protected noncommercial message, may be raised only
by the judicial remedy provided in Section 29-31(c) of this
Ordinance, when any substantial disagreement develops.
Rod BouffarcyJ Codes Administrator