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Southwestern Bell-CS 970210FEB 10 '97 16.03 FR NICE JCKSON DLLRD 214 965 0010 TO CC -LL PZ P.02i08 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P Attorneys & Counselors at Lew LAWRENCE W JACKSON 1800 Lincoln plaza JOHN F. POEWA 111 ROBERT L. OILLARO al 500 North Meld JENNIFER R. DIETZE ROBERT E. MOER Dallas, Tl xas 75201 JAWN O MARSHALL PIE ER G. SMITH (214) 965 -9900 DAVID M. BERMAN 965 ROBERT L. DILIARD. JR. BRUCE A STOCKARD Fax (214) -0010 H. LOUIS NICHOLS OF COUr CL February 10, 1997 VIA FACS541LE (972) 304 -3570 Pert Virtanen Assistant Director Planning and Community Services City of Coppell P.O. Box 478 Coppell, Texas 75019 RE: AT &T Cellular Antenna Dear Pert: This is in response to your facsimile transmission dated February 3, 1997 regarding the request by AT &T to place a cellular antenna on an existing billboard. You advise that AT &T has made a request to erect a cellular phone antenna to be attached to billboard located on Park 'N' Fly property. We assume by the term "request" you mean that AT &T has made an application for a zoning change. If otherwise please advise us accordingly. Prior to the adoption of the current sign regulations, which were incorporated into the Comprehensive Zoning Ordinance, City did not regulate billboards located on the frontage road of an Interstate Highway (11-163 5), The regulation of such billboards by the City was subject to the State Highway Beautification Act. It is true however, that if the Park 'N' Fly billboard is not permitted under the Zoning Ordinance (new sign regulations) that such sign constitutes a non- conforming structure, but does not constitute a "non- conforming use ". A non - conforming use refers to a use which is not allowed by virtue of a subsequent zoning change. In general the Comprehensive Zoning Ordinance does not allow the expansion or enlargement of a non - conforming structure. The erection of a cellular antennae on the Park 'N' Fly billboard however does not in our opinion extend the life of the non - conforming structure or the sign itself. SS70(6 7 EB 10 '97 16:03 FR Nla JCKSON DLLRD 214 965 0010 TO CC :LL PZ P.03i08 Pert Virtanen February 10, 1997 Page -2- While the Comprehensive Zoning Ordinance authorizes the termination of a non- conforming structure the Chapter of the Zoning Ordinance regulating signs does not address the removal of non - conforming signs. Moreover, Chapter 216 of the TER. LOC. GOV'T Code contains explicit regulations for the removal and relocation of signs, a copy of which is enclosed. Although we suggested that the new sign ordinance address such matters, no such provisions were included. If the City intends to seek removal of the Park 'N' Fly billboard please advise us so we can further determine whether the sign can be removed as a non - conforming structure and whether the state law would apply. The removal of the billboard could present significant legal complications. In any event, the "favored dismantling of the billboard" does not alone justify a denial of a requested zoning change. As you know, policies adopted by the Committee to Improve the Visual Image of Coppell, or by the Planning and Zoning Commission, are not legislative enactments and as such do not constitute development standards or regulations to justify a denial of zoning. Until the City Council adopts an ordinance specifically regulating such antennas, as we have discussed, the denial of zoning should be based on traditional zoning considerations. Having said such, the fact that the antenna is to be located on a non - conforming structure, when coupled with other lawful reasons may provide a sufficient basis for denial. Thank you for your attention to this matter. If you have any questions in this regard, please do not hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DILLARD HAGER & SMITH, L.L.P. By: C �2 Peter G. Smith PGS /mmf Enclosure SS7086 FEB 10 '97 16:04 FR NIC S JCKSON DLLRD 214 965 0010 TO C ELL PZ P.04i08 § 215.071 LOCAL GOVERNMENT CODE SUBCHAPTER D. REGULATION BY HOME -RULE MUNICIPALITY § 215.071. Municipality Covered by Subchapter This subchapter applies only to a home -rule munici- pality. Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987. § 215.072. Dairies; Slaughterhouses The municipality may inspect dairies, slaughter- houses, or slaughter pens, in or outside the municipal limits, from which milk or meat is furnished to the residents of the municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept 1, 1987. § 215.073. Vehicles for Hire The municipality may license, fix the charges or fares made by, or otherwise regulate any person who owns, operates, or controls any type of vehicle used on the public streets or alleys of the municipality for carrying passengers or freight for compensation.. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 215.0735.' Operators of Vehicles The municipality may prescribe the qualifications of an operator of a vehicle that uses the public sweets in the municipality. Added by Acts 199.1. 74th Leg., ch. 165. § 3. eff. Sept 1. 1995. 'The 199S .Act po:pNted to add this section to Chapter 210 of the Go <ermnent CNie § 215.074. Theaters; Shows; Amusements The municipality may regulate the location and conduct of. (1) theaters; (2) more theaters; (3) bowling alleys; and (4) other places of public amusements. Acts 1987. 70th Leg.. eh. 149, § 1, efL Sept. 1, 1987. § 215.075. Police Power The municipality may license any lawful business or occupation that is subject to the police power of the municipality. Acts 1987. 706 Leg., eh. 149, § 1, eff. Sept. 1, 1987. CHAPTER 216. REGULATION OF SIGNS BY MUNICIPALITIES SUBCHAPTER A RELOCATION, RECONSTRUCTION, OR REMOVAL OF SIGN Section 216.001. Legislative Intent. 216.002, Delinitions. 216,003. Municipal Regulation. 216.0025. Regulatory Authority Not Applicable to On- Premises Signs Under Certain Circumstance. 216.004. Municipal Board. 216.005. Determination of Amount of Compensation. 216.006. Compensation for Relocated Sign. 216.007. Compensation for Reconstructed Sign. 216.008. Compensation for Removal of Off- Premise Sign. 216.009. Compensation for Removal of On- Premise Sign. 216.010. Method of Compensation. 216.011. Tax Appraisal of Property With nonconforming Sign. 216.012. Special Provisions for'Signs Under Sign Ordi- nance in Effect on June 1, 1985. 216.013. Exceptions. 216,014. Appeal. 216.015. Effect of Partial Invalidity. (Sections 216.016 to 216.900 reserved for expansion) SUBCHAPTER Z. MISCELLANEOUS PROVISIONS 216.901. Regulation of Signs by Home -Rule Municipality. 216.902. Regulation of Outdoor Signs ih Municipality's Ex- traterritorial Jurisdiction. SUBCHAPTER A. RELOCATION, RECONSTRUCTION, OR REMOVAL OF SIGN § 216.001. Legislative Intent (a) This subchapter is not intended to require a municipality to provide for the relocation, reconstruc- tion, or removal of any sign in the municipality, nor is it intended to prohibit a municipality from requiring j the relocation, reconstruction, or removal of any sign. This subchapter is intended only to authorize a munic- ipality to take that action and to establish the proce- dure by which the municipality may do so. (b) This subchapter is not intended to require a municipality to make a cash payment to compensate the owner of a sign that the municipality requires to be relocated, reconstructed, or removed. Cash pay- ment is established as only one of several methods from which a municipality may choose in compensat- ing the owner of a sign. . (c) This subchapter is not intended to affect any eminent domain proceeding in which the taking of a 352 LAND USE & RELATED ACTIVITIES <ign is only an incidental part of the exercise of the eminent domain power. Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. 216.002. Definitions In this subchapter: (1) "Sign" means an outdoor structure, sign, dis- play, light device, figure, painting, drawing, mes- sage, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform. (2) "On- premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. (3) "Off- premise sign" means a sign displaying advertising copy that pertains to a business, person, organization. activity, event, place, service, or prod- uct not principally located or primarily manufac- tured or sold on the premises on which the sign is located. .lets 1987. 70th Leg.. ch. 149, § 1, eff. Sept. 1. 1987. 216.003. Municipal Regulation ta) Subject to the requirements of this subchapter, r municipality may require the relocation, reconstruc- tion, or removal of any sign within its corporate limits w extraterritorial jurisdiction. Ibl The Omer of a sign that is required to be relocated, reconstivcted. or removed is entitled to be compensated b the municipality f or costs associated mh the relocation, reconstruction, or removal. (el If application of a municipal regulation would require reeonsnvction of a sign in a manner that ,%ould make the sign ineffective for its intended pu•- pre, such as by subst:mtially impairing the sign's risibilit appLeati,m of the regulation is treated as the inquired remm - al of the sign for purposes of this subchapter. (d) in lieu of paying compensation. it municipality may exempt from required relocation, reconstruction, or removal those signs lawfully i n place on the effec- tive slate of the requirement. 19.7. 70th Lee.. A. 149. 5 1. ell: Sept. 1. 1957. Amend - t+th. Acts PIN1. 71st Leg.. ch. 1. § ,�7iml. elf. Aug. 28 12 16.003.5. Regulaton Aulhorit. Not .applicable to On- Premises Signs Under Certain Circumstances The authorit? granted to a municipality by this (b) In any coot proceeding in which the reason - bbehapter to require the relocation, reconst ableness of compensation is at issue and the compen- ar removal of signs does not apply to: I sation is to be provided over a period longer than one 353 § 216.005 (1) on- premises signs in the extraterritorial juris- diction of municipalities in a county described by Section 17, Article 2, Chapter 221, Acts of the 69th Legislature, Regular Session, 1985 (Article 6674v -3, Vernon's Texas Civil Statutes), if the circumstances described by that section occur; and (2) on- premises signs in a municipality's extrater- ritorial jurisdiction in a county that borders a coun- ty described by that law. Added by Acts 1939, 71st Leg., ch. 1, § 54(e), eff. Aug. 28, 1989. Amended by Acts 1993. 73rd Leg., ch. 482, § 1, eff. Aug. 30, 1993. § 216.004. Municipal Board (a) If a municipality requires the relocation, recon- struction, or removal of a sign within its corporate limits of extraterritorial jurisdiction, the presiding officer of the governing body of the municipality shall appoint a municipal board on sign control. The board must be composed of: (1) two real estate appraisers, each of whom must be a member in good standing of a nationally recog- nized professional appraiser society or trade organi- zation that has an established code of ethics, edu- cational program, and professional certification pro- gram; (2) one person engaged in the sign business in the municipality; (3) one employee of the Texas Department of Transportation who is familiar with real estate valu- ations in eminent domain proceedings; and (4) one architect or landscape architect licensed by this state. (b) A member of the board is appointed for a tern of two years. .acts 1967, 70th Leg.. ch, 149. § 1. eff. Sept. 1. 1967. .Attend- ed be .Acts 1919. 71st Leg., ch, 951, § °_. eff. Sept. 1, 1989: Acts 1996, 74th Leg- ch. lri. ;_ eff. Sept. 1. 1995. § 216.005. Determination of Amount of Compen- sation (a) The municipal board on sign control shall deter- mine the amount of the compensation to which the owner of a sign that is required to be relocated, reconstructed. ur removed is entitled. The determina- tion shall be made after the owner of the sign is given the oppotunity for a heating before the board about the issues involved in the matter. FEB 10 '97 16:05 FR NICE' JCKSON DLLRD 214 965 0010 TO CC LL PZ P. 06/08 § 216.005 LOCAL, GOVERNMENT CODE year, the court shall consider whether the duration of the period is reasonable under the circumstances. Acts 1987. 70th Leg.. ch. 149. § 1, elf. Sept. 1, 1987. § 216.006. Compensation for Relocated Sign The compensable costs for a sign that is required to be relocated include the expenses of dismantling the sign, transporting it to another site, and reerecting it. The board shall determine the compensable costs according to the standards applicable in a proceeding under Chapter 21, Property Code. In addition, the municipality shall issue to the owner of the sign an appropriate permit or other authority to operate a substitute sign of the same type at an alternative site of substantially equivalent value. Whether an alterna- tive site is of substantially equivalent value is deter- mined by standards generally accepted in the outdoor advertising industry, including visibility, traffic count, and demographic factors. The municipality shall com- pensate the owner for any increased operating costs, including increased rent, at the new location. The owner is responsible for designating an alternative site where the erection of the sign would be in compli- ance with the sign ordinance. Acts 1987. 70th Leg.. ch. 149. § 1. err. Sept. 1. 1987. 216.007. Compensation for Reconstructed Sign The compensable costs for a sign that is required to be reconstructed include expenses of labor and mate- rials and any loss in the value of the sign due to the reconstruction in excess of 15 percent of that value. The board shall determine the compensable costs according to standards applicable in a proceeding under Chapter 21, Property Code. Acts 1987, 70th Leg.. eh. 149. § 1, eR. Sept. 1. 1987. 216.008. Compensation for Removal of Off - Premise Sign (a) For an off - premise sign that is required to be removed, the compensable cost is an amount comput- ed by determining the average annual gross revenue received by the owner from the sign during the two years preceding September 1, 1985, or the two years preceding the month in which the removal date of the sign occurs. whichever is less. and by multiplying that amount by three. If the sign has not been in exis- tence for all of either two -year period, the average annual gross revenue for that period, for the purpose of this computation, is an amount computed by divid- ing 12 by the number of months that the sign has been in existence, and multiplying that result by the total amount of the gross revenue received for the period that the sign has been in existence. However, if the sign did not generate revenue for at least one month preceding September 1, 1985, this computation of compensable costs is to be made using only the average annual gross revenue received during the two years preceding the month in which the removal date of the sign occurs, and by multiplying that amount by three. In determining the amounts under this para- graph, a sign is treated as if it were in existence for the entire month if it was in existence for more than 15 days of the month and is treated as if it were not in existence for any part of the month if it was in existence for 15 or fewer days of the month. (b) The owner of the real property on which the sign was located is entitled to be compensated for any decrease in the value of the real property. The compensable cost is to be determined by the board according to standards applicable in a proceeding under Chapter 21, Property Code. Acts 1987. 70th Leg., ch. 149, § 1. elf. Sept. 1, 1987. § 216.009. Compensation for Removal of On- Premise Sign For an on- premise sign that is required to be removed, the compensable cost is an amount comput- ed by determining a reasonable balance between the original cost of the sign, less depreciation, and the current replacement cost of the sign, less an adjust- ment for the present age and condition of the sign. Acts 1987, 70th Leg.. eh. 149. § 1. eff. Sept. 1. 1987. § 216.010. Method of Compensation (a) To pay the compensable costs required under this subchapter, the governing body of a municipality may use only a method, or a combination of the methods, prescribed by this section. (b) If a sign is required to be relocated or recon- structed, the municipality, acting pursuant to the Property Redevelopment and Tax Abatement Act (Chapter 312, Tax Code ), may abate municipal prop- erty taxes that otherwise would be owed by the owner of the sign. The abated taxes may be on any real or personal property owned by the owner of the sign except residential property. The right to the abate- ment of taxes is assignable by the holder, and the assignee may use the right to abatement with respect to taxes on any nonresidential property in the same taring jurisdiction. In a municipality where tar abatement is used to pay compensable costs, the costs include reasonable interest and the abatement period may not exceed five years. (e). The municipality may allocate to a special fund in the municipal treasury, to be known as the sign 354 FEB 10 '97 16:06 FR NICHr -5 JCKSON DLLRD 214 965 0010 TO Cr - lil -L PZ LAND USE & RELATED ACTIVITIES abatement and community beautification fund, all or any part of the municipal property taxes paid on signs, on the real property on'which the signs are located, or on other real or personal property owned by the owner of the sign. The municipality may make payments from that fund to reimburse compensable costs to owners of signs required to be relocated, reconstructed, or removed. (d) The municipality may provide for the issuance of sign abatement revenue bonds and use the proceeds to make payments to reimburse costs to the owners of signs within the corporate limits of such municipality that are required to be relocated, reconstructed, or removed. (e) The municipality may pay compensable costs in cash. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989. 71st Leg., ch. 1, § 51(a), eff. Aug. 28, 1989. § 216.011. Tax Appraisal of Property With Non. conforming Sign For each nonconforming sign, the board shall file with the appropriate property tax appraisal office the board's compensable costs value appraisal of the sign. The appraisal office shall consider the board's apprais- al when the office, for property tax purposes, deter- mines the appraised value of the real property to which the sign is attached. Acts 1987, 70th Leg., ch, 149, § 1, eff. Sept. 1. 1987. § 216.012. Special Provisions for Signs Linder Sign Ordinance in Effect on June 1, 1985 (a) This section applies to compensation for the required relocation, reconstruction, or removal of a sign under a municipal ordinance in effect on June 1, 1985, that provided for compensation to the sign own- er under an amortization plan. (b) For a nonconfolmng sign erected after Septem- ber 1, 1985, or for a sign in place on that date that later is made nonconforming by an extension of or strengthening of an ordinance that was in effect on June 1, 1985, and that provided an amortization plan, the amortization period is the entire useful life of the sign. If it has not already done so, the board shall determine the entire useful life of signs by type or category, such as mono -pole signs, metal signs, and wood signs. The useful life may not be solely deter- i mined by the natural life expectancy of a sign. (c) Compensation for the relocation, reconstruction, or removal of a sign that, on September 1, 1985, was not m compliance with the sign ordinance shall be j 355 P. 07/08 § 216.014 made in accordance with the applicable procedures of Section 6. Chapter 221, Acts of the 69th Legislature, Regular Session, 1985 (Article 10150, Vernon's Texas Civil Statutes), and that law is continued in effect for this purpose. Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept 1, 1987. § 216.013. Exceptions (a) The requirements of this subchapter do not apply to a sign that was erected in violation of local ordinances, laws, or regulations applicable at the time of its erection. (b) The requirements of this subchapter do not apply to a sign that, having been permitted to remain in place as a nonconforming use, is required to be removed by a municipality because the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other that, maintenance operations or for charging the letters, symbols, or other matter on the sign. (c) For purposes of Subsection (b), a sign or sub- stantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than 60 Percent of the cost of erecting a new sign of the same type at the same location. (d) This subs }.apter does not limit or restrict the compensation provisions of the highway beautification provisions contained in Article IV, Section 1, Chapter 741, Acts of the 67th Legislature, Regular Session. 1981 (Article 4177 -9a, Vernon's Texas Civil Statutes), Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. .4.-nend- ed by Acts 1991. 72n 54( d Leg., ch. 14, § 282), eff. Sept. 1. 1991. § 216.014. Appeal (a) Any person aggrieved by a decision of the board may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be iled within 20 days after the date the decision, is rendered by the board. (b) On the filing of the petition, the court may issue R writ of certiorari directed to the board to review the decision of the board and shall prescribe in the writ the time within which a return must be made, which must be longer than 10 days and may be extended by the court. (c) The board is not required to return the original papers acted on by it, but it shall be sufficient to return certified or sworn copies of the papers. The return must conc:sel set forth all other facts as may FEB 10 1 97 16:07 FR NICHF JCKSON DLLRD 214 965 0010 TO CO' LL PZ P.08i08 § 216.014 LOCAL GOVERNMENT CODE be pertinent and material to show the grounds of the decision appealed from and must be verified. (d) The court may reverse or affirm, wholly or partly, or modify the decision brought up for review. (e) Costs may not be allowed against the board unless it appeals to the court that the board acted with gross negligence, in bad faith, or with malice in making the decision appealed from. Acts 1987, 70th Leg., ch. 149, ¢ 1, eff. Sept 1, 1987. $ 216.015. Effect of Partial Invalidity (a) The legislature declares that it would not have enacted the following without the inclusion of Section 216.010(a). to the extent that provision excludes meth- ods of compensation not specifically authorized by that provision: (1) this subchapter; (2) Section 216.902; (3) Article 2, Chapter 221, Acts of the 69th Legis- lature, Regular Session, 1985 (Article 6674v4, Ver- non's Texas Civil Statutes); and (4) the amendments made to Section 3, Property Redevelopment and Tax Abatement Act (Article 1066f, Vernon's Texas Civil Statutes)' by Article 4, Chapter 221, Acts of the 69th Legislature, Regular Session, 1985. (b) If that exclusion of alternative methods of com- pensation is held invalid for any reason by a final judgment of a court of competent jurisdiction, the enactment6 described by Subsection (a) are void. ,acts 1987, 70th Leg., ch. 149. ¢ 1, eff. Sect. 1, 1987. ' Repealed See. nom'. V.T.C.A.. Ta% Code 14 812101. 312202. [Sections 216.016 to 216.900 reserved for expansion) SUBCHAPTER Z. MISCELLANEOUS PROVISIONS ¢ 216.901. Regulation of Signs by Home -Rule Mu- nicipality (a) A home -rule municipality may license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance. (b) Subsection (a) does not authorize a municipality to regulate the relocation, reconstruction, or removal of a sign in violation of Subchapter A. Acs 1987, 70th Leg., ch, 149. § 1, eff. Sept. 1, 1987. $ 216.902. Regulation of Outdoor Signs in Munic- ipality's Extraterritorial Jurisdiction (a) A municipality may extend the provisions of its outdoor sign regulatory ordinance and enforce the ordinance within its area of extraterritorial jurisdic- tion as defined by Chapter 42. However, any munici- pality, in lieu of the regulatory ordinances, may allow the Texas Transportation Commission to regulate out- door signs in the municipality's extraterritorial juris- diction by filing a written notice with the commission. (b) If a municipality extends its outdoor sign ordi- nance within its area of extraterritorial jurisdiction, the municipal ordinance supersedes the regulations imposed by or adopted under Chapter 394, Transpor- tation Code. (c) The authority granted to a municipality by this section to extend its outdoor sign ordinance does not apply to: (1) on- premises signs in the extraterritorial juris- diction of municipalities in a county described by Chapter 394, Transportation Code, if the circum- stances described by that section occur: (2) on- premises signs in a municipality's extrater- ritorial jurisdiction in a county that borders a coun- ty described by that law; and (3) on- premises signs in the extraterritorial juris- diction of a municipality with a population of 1.5 million or more that are located in a county that is adjacent to the county in which the majority of the land of the municipality is located. Acts 1987, Toth Leg., ch. 149, § 1, eff. Sept. 1. 1987. Amend- ed by Acs 1989, 71st Leg- ch. 1. § 54(l), eff. Aug. 28. 1989; Acts 1993, 73rd Leg.. ch. 482. § 2. eff. Aug. 30, 1993; Acts 1995. 74th Leg., ch. 165, § 22(48). eft. Sept. 1. 1993. CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT SUBCHAPTER A. REGULATION BY TYPE A GENERAL -LAW MUNICIPALITY Section 217.001, Municipality Covered by Subchapter. 217.002. Nuisance. 217.008. Disorderly Conduct. (Sections 217.004 to 217,020 reserved for expansion) SUBCHAPTER B. REGULATION BY TYPE B GENERAL -LAW MUNICIPALITY 217.021. ;Municipality Covered by Subchapter. 217.022. Nuisance. [Sections 217.023 to 217.040 reserved for expansion) RX1 7: T 0101 PorP.68 **