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16-DISCUSS/PROVIDE DIRECTION TO CITY STAFF ON REQUEST FROM GUARANTY BOND BANK TO RELOCATE EXISTING BILLBOARDSubmittal Date: 10/16/12 Council Date: 10/22/12 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originaring Department: Ptesented By: Planning & Zoning Shawn Napier, P.E., Director of Commission Engineering, Planning and RECOMMENDED MOTION: Agenda Item No.: 16. Discuss and provide direction to City Staff on request from Guaranty Bond Bank to relocate an existing billboard POLICY ISSUE�S�: Sign Ordinance 2008-21; Section 28-11 BACKGROUND: Guaranty Bond Bank has made a request (letter attached) to allow them to move an existing billboard on property the Bank owns adjacent to 2015 NE Loop 286. The adjacent lot is in the floodplain and the proposed billboard location is in the floodway. Section 13-21 — Floodways - prohibits encroachments and new construction in a floodway. Section 28-11 of the Sign Ordinance governs billboards and is included. The highlighted portions of the ordinance show the sections that are in conflict with the proposed billboard relocation. The sign is currently grandfathered at its current location. The following reasons are highlighted in the attached section of the ordinance; • The property is currently zoned General Retail (GR), it is required to be either Light or Heavy Industrial. A request for a zoning change can't be accepted for the sole purpose of installing a billboard. • No billboard shall be placed within 2000-feet of another billboard. The billboard at the northwest corner of Loop 286 and F.M. 195 is within 2000-feet of the existing sign. • No billboard can be located closer than 300-feet to any building. The bank building that is being constructed and the Carpet World building to the east is approximately 300-feet apart. • The minimum side yard setback is 100-feet. The current property frontage is less than 200-feet wide. • The maximum area of all faces of a sign shall not exceed 288 square feet. The current sign face has over 800 square feet on both sides. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: Request Letter from Guaranty Bond Bank, Sign Ordinance Section 28-11, aerial and photos ACTION: ❑ Financial Report ❑ Department Report ❑ Presentation ❑ Public Hearing City of Paris ❑ Minute Order ❑ Resolution ❑ Ordinance ❑ Other BUDGET INFO: Expense $ Budgeted Amt. $ YTD Actual $ Acct. Name Acct. Number ! t Revised 2/04/08 10-5-12 City of Paris 135 SE 15t St. Paris, TX 75460 Attn: John Godwin RE: Next City Council Meeting This is a formal request that Guaranty Bond Bank be put on your next Council meeting agenda. Our order of business is to discuss the relocation of our existing Billboard at 2015 NE Loop 286. It currently sits right next to our new drive on the West side directly in front of our new bank. In an effort to help clean up the front of new bank and to help the overall looks of this new location we are requesting to relocate this billboard to opposite side of property along the East side. This would drastically improve the line of sight to our new building and clean up the corner where it currently sits and make the intersection of Spur 139 and Loop 286 more appealing. Sincerely, Kenny Dority President — Guaranty Bond Bank t. � 0 Sec. 28-1 l. - Billboards. (a) Where allowed. (1) Billboards shall be permitted only in areas zoned Light Industrial (LI) and Heavy Industrial (HI); additionally, no billboard shall be permitted in areas zoned as scenic or historic overlay. (2) Billboards may only be placed in areas which are already zoned Light Industrial (Ln or Heavy Industrial (HI). A request for a zoning change will not be accepted solely for the purpose of installing a billboard. (b) Permit required. (1) A permit shall be required before any billboard is constructed, located, moved, or enlarged. (2) If an applicant for a permit owns four (4) or more existing billboards in the corparate city limits, fifty (50) percent or more of which are available for lease at the time of issuance of a permit, a permit will be denied on the basis of lack of necessity. (3) If an applicant for a permit owns two (2) or more legally nonconforming billboards inside the corporate city limits, fifty (50) percent ar more of which are available far lease at the time of issuance of a permit, a permit will be issued only if one (1) or more of the nonconforming billboards are permanently removed. (4) Stamped structural engineering plans shall accompany billboard permit applications. (5) For the purposes of this section, an "applicant" shall include the applicant or any person related to the applicant within the second degree by blood or marriage; or in the case of a corporation or other business entity, applicant shall include any subsidiary or holding company of tbe applicant or any person or entity that owns or controls the majority of the stock or controlling interest in the applicant. (c) General provisions. (1) Billboards shall be constructed in accordance with the requirements of the international building code and uniform electrical code, as amended. (2) Billboards shall be maintained in good, safe structural condition. (3) No billboard or off-premises sign shall be located on a property without the written consent of the property's owner ar legal representative. (4) The general area in the vicinity of any billboard shall be kept free and clear of sign materials, debris, trash, and refuse. (d) Location of billboards. (1) No billboard or other off-premises sign shall be permitted on any property that is located inside Loop 286. (2) No billboard will be permitted to be constructed within two thousand (2,000) feet of another billboard. This distance shall be measured from the closest supporting pole of the existing billboard to the closest supporting pole of the proposed billboard. (3) Billboards are not allowed in the street, highway, railroad or other public right-of-way, or public easement within a designated utility easement. 1.01 (4) No billboard shall be placed closer than ten (10) feet to any electrical line, measured from any part that is attached to the billboard. (5) Billboards shall not be placed within five hundred (500) feet of a permanent on-premises sign. (6) No part of a billboard shall be located closer than three hundred (300) feet to any building nor closer than fifteen (15) feet to the right-of-way for existing streets or highways, and those projected in the city's thoroughfare plan or the Texas Department of Transportation's 20-year plan. (7) No part of a billboard may be located closer than one thousand (1,000) feet to any property aoned or used for residential purposes. (8) Under no circumstances, shall any portion of a billboard or an off-premises sign overhang or encroach into the public right-of-way. The following setback requirements shall apply to billboards and off-premises signs: a. Front: A minimum setback of five (5) feet is required from the front lot line. b. Side: A minimum setback of one hundred (100) feet is required from the side lot line. c. Rear: A minimum setback of iive (5) feet is required from the rear lot line. (e) Height and size limitations. (1) A billboard shall maintain a minimum clearance of ten (10) feet measured from the ground level at the base of the sign to the bottom of the sign face. (2) No billboard shall have a surface exceeding two hundred eighty-eight (288) square feet in area or containing less than fifteen (15) square feet in area. (3) No billboard shall be installed, the total height of which is greater than thirty-five (35) feet above the level of the street or road upon which the sign faces, or above the natural ground level, if such ground level is above the street or road level. (4) The maximum sign area for any one (1) face of a billboard does not include the base ar apron, trim supports, and other structural elements. Temporary embellishments shall not exceed twenty (20) percent of the maximum sign area allowed. (5) Signs may be back-to-back or double-faced V-type, and multiple-faced with not more than two (2) faces to each facing (side by side but not double stacked vertical) however, the maximum surface area of all faces shall not exceed two hundred eighty-eight (288) square feet. ( fl Lighting. Illuminated billboards shall be in accordance with section 28-22 of this chapter. (g) Electronic billboards. Signs that contain, include, or are illuminated by any flashing, intermittent, ar moving light or lights are prohibited, except as may be provided in section 28-24 of this chapter. (h) Nonconforming structures. Any existing billboard lawfully constructed and in operation prior to July 28, 2008, which does not meet the requirements hereof, may be maintained as a legal nonconforming sign; provided however, no nonconforming billboard may be maintained in such a manner that the sign's degree of nonconformity is increased. 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