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CC approval on 3/25/97 AGENDA REQUEST FORM CITY COUNCIL MEETING: March 25, 1997 ITEM /S ITEM CAPTION: PUBLIC HEARING (CONTINUED): Consider approval of Case No. S-1122, Southwestern Bell Mobile Systems Communications Antenna, a zoning change from LI (Light Industrial) to LI- S.U.P. (Light Industrial, Special Use Permit), to allow a communications antenna and an equipment cabinet to be mounted on an existing Park 'N Fly billboard, located north of 1-635 (LBJ Freeway) and east of Royal Lane. SUBMITTED BY: ry . Sieb× TITLE: ND~Directoro~/Planning~.~ and Community Services STAFF RECOMME Approval Denial ~ STAFF COMMENTS: Date of P&Z Meetinq: February 20, 1997 Decision of P&Z Commission: Denied (5-1) with Commissioners Mabry, Jones, Wheeler, Cruse and DeFilippo voting in favor of denial. Commissioner Lowry voted in favor. Commissioner McCaffrey was absent. Please see applicant's Letter of Appeal dated 2/24/97, attached. A 3/4 VOTE OF COUNCIL IS NEEDED TO OVERRULE THE COMMISSION'S RECOMMENDATION OF DENIAL. ON MARCH 11t 1997t BY A VOTE OF 4-2t COUNCIL UPHELD THE PaS RECOMMENDATION OF DENIAL. COUNCIL VOTED FOR RECONSIDERATION OF THIS C/%SE ON 3/25/97. DIR. INITIALS: ~; Ag eIMa Reqn~t Form - Revised 1/97 FIN. CITY MANAGER REvIEW~~ Document Name S 1122~n,b.PZ v~ AGENDA REQUEST FORM CITY COUNCIL MEETING: March 11, 1997 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1122, Southwestern Bell Mobile Systems Communications Antenna, a zoning change from LI (Light Industrial) to LI- S.U.P. (Light Industrial, Special Use Permit), to allow a communications antenna and an equipment cabinet to be mounted on an existing Park 'N Fly billboard, located north of 1-635 (LBJ Freeway) and east of Royal Lane. 8UBMITTED~. Gary L. Sie TITLB4 Director of P~a_n~Din~g and Community Services STAFF RECOM~END~. .... Approval Denial ~ STAFF COM~_~NTS: Date of P&~ Meeting: February 20, 1997 Decision of P&Z Commission: Denied (5-1) with Commissioners Mabry, Jones, Wheeler, Cruse and DeFilippo voting in favor of denial. Commissioner Lowry opposed. Commissioner McCaffrey was absent. Please see applicant's Letter of Appeal dated 2/24/97, attached. 3/4 VOTE OF COUNCIL IS NEEDED TO OVERRULE THE COMMISSION'S RECOMMENDATION OF DENIAL. CITY MANAGER REVIEW:~ Document Name S 1122swb.PZ ~ Fm6-24-97 01:14P ZONE SYSTEMS, INC. 214 941 B2B9 P.02 ZONE SYSTEMS, INC. February 24, 1997 Pert Virtanen Planning & Community Services Coppell, Texas RE: S-1122. - Southwestern Bell Mobile Systems Communication Antenna Dear Mr, Virtanen: Please accept this request of appeal for City Council consideration from the recent Planning and Zoning Commission recommendation for disapproval of the referenced zoning case. Sincerely, ................... e T~v&~ -~n~ · r~t,a~ ~)41-4440 ~/ FAX (~.14) 94l-B259 CITY OF COPP~LL PLANNING DEPARTMENT ~TAFF REPORT CASE NO.: .S-1122, SOUTHWESTERN BELL Me BILE SYSTEMS COMMUNICATIONS ANTENNA P & Z HEARING DATE: February 20, 1997 C.C. HEARING DATE: March 11, 1997 LOCATION: North of 1-635 (LBJ Freeway) and east of Royal Lane. SIZE OF AREA: 2,500 square feet of area; two micro-cell antenna (1' x 2') and an equipment cabinet (1.5' in width x 1.33' depth x 8' height) CURRENT ZONING: LI (Light Industrial) REQUEST: LI-S.U.P. (Light Industrial, Special Use Permit). APPLICANT: Applicant: Southwestern Bell Mobile Systems 15660 Dallas Parkway, Ste. 201 Dallas, TX 75248 (214) 774-4705 Representative: Zone Systems, Inc. 1620 Handley, Ste. A Dallas, TX 75208 (214) 941-4440 HISTORY: The final plat for Park 'N Fly was approved by City Council on May 10, 1994 with a variance to the Sign Ordinance allowing the two billboard signs to remain on the Park 'N Fly site. TRANSPORTATION: Royal Lane is a six-lane divided thoroughfare in 110' of right-of- way. Gateway Boulevard is a four-lane undivided collector street in a 70' of right-of-way. SURROUNDING LAND USE & ZONING: North - South - East West D.A.R.T. right-of-way; "LI" Light Industrial zoning vacant; "LI" Light Industrial zoning Haverty Furniture Company; "LI" Light Industrial zoning D/FW Airport property; "LI" Light Industrial zoning Item # 5 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property suitable for light industrial and showroom uses. DISCUSSION: The current zoning ordinance does not permit the Park 'N Fly sign, therefore, the sign is considered a non-conforming structure. The City's legal counsel is of the opinion that the placement of the antennae on the sign does not expand nor enlarge the non-conforming structure (see attorney's letter). From a staff perspective, the two billboards on the Park 'N Fly property ultimately should be removed in as much as the Zoning Ordinance does encourage termination of non-conforming structures. The placement of the antennae on a non-conforming structure is sufficient basis for denial of the special use permit. Staff offers two arrangement as possible compromises. One, allow the placement of the proposed micro-cell antennae on the existing billboard for a pre-determined time period, such as five years. After which time both the antennae and the billboard, as well as the billboard on the southeast side of the Park 'N Fly property be removed. Two, permit the placement of the micro-cell antenna on (preferably within) the cupola of the Park 'N Fly building for an indefinite period of time. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff would offer one of two recommendations here. One, the special use permit be granted for five years, after which time the antennae and the two billboards will have to be removed from the Park 'N Fly site or two, permit the placement of the micro-cell antenna on (preferably within) the cupola of the Park 'N Fly building for an indefinite period of time. Staff would be satisfied with either recommendation. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Legal description 3) City Attorney's Opinion Letter Item # 5 .7-97 12:56P ZONE SYSTEMS, INC. 214 941 5259 P.OZ PROPERTY DESCRIPTION SOUTHWESTERN BELL MOBILE SYSTEMS MICROCELL ANTENNA PARK 'N FLY 800 ROYAL LANE COPPELL, TEXAS Being a tract of land situated in the S,A. & M.G. Railroad Survey, Abstract No. 1439, Dallas County, Texas, and being a portion of Lot 1, Block I of PARK 'N FLY, an addition to the City of Coppell, Texas as recorded in the Plat Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point for corner, said comer being the intersection of the north right-of- way line of I.H. 635 and the east right-of-way line of Royal Lane (110 foot r.o.w); THENCE North 01 degrees 38 minutes 40 seconds East, a distance of 50 feet to a point for corner; THENCE South 69 degrees 02 minutes 37 seconds East, a distance of 50 feet to a point for comer, THENCE South 01 degrees 38 minutes 40 seconds West. a distance of 50 feet to a point for corner; THENCE North 69 degrees 02 minutes 37 seconds West, a distance of 50 feet to the POINT OF BEGINNING, containing 2,500 square feet or 0.05 acres of land, more or less. FEB 10 '97 16:03 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.02×08 LAWfaI£NCE W JA(;K,~ON ROBERT L. OlLLARO III ROBERT E, ~GER P~R G, 6MI~ DAVID M. B[R~N B~E A. ~KA~ NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Ar,~rneys & Comtselo~s a Law 1800 ]..incoln Pl~z~ 500 North ~ DaLlas, 'r~xa~ 7520! (2]4) 965-9900 Fax (214) 965-0010 JOHN F. ~IOEI.~I Ill JENNIF'F.~ R. D~ETZE ~ C, MARC"tALL RC~-RT L. DILLARD, JR. H. LOt,lIE February 10, 1997 VIA FACSIMILE (972) 304-3570 Pert ¥irtane~n Assistant Director Planning and Community Services City of Coppell P.O. Box 478 Coppell, Texas 75019 RE: A T& T Cellular Antenna Dear Pert: This is in response to your facsimile transmission dated February 3, 1997 reg~ding 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 zonin8 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 fi'ontage road of an Interstate Highway (IH 635). 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 ora 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 'IN' Fly billboard however does not in our opinion extend the life of the non-conforming structure or the sign itself. SS7086 fEB 10 '99 16:03 FR NICHOLS JCKSON DLLRD R14 965 0010 TO COPPELL PZ P.03×08 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 TF..X. 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 pIease advise us so we can further determine whether the sign can be removed as a non-conforming strucq;ure 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 ora 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 d~elopment 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. 'Peter G. Smith PGS/mmf Enclosure NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. FEB 10 '9? 16:04 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.0~×08 § 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 I987, 70th Leg., ch. 149, § 1, eft. Sept. I, 1987. § 215.072. Dairies; Slaughterhouses The murdcipa~ity may inspect &ir[es, 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. ell Sept. L 1987. § 215.073. Vehicles for Hire The municipality may Iicense, fix the charge~ or fares made by, or otherwise regu]ate any person who owns, operates, or controls any type of vehicle used on the public au-cots or alleys of the municipality for carrying passengers or freight for compensation. Acts 1987, 70th Leg., ch. 149, ~ 1, off- Sept. 1, 1987. § 215.0735.' Operators of Vehicles The municipality may prescribe the qualifications of an operator of a vehicle that uses the public su-eets in the municipality. Added by Acts 1995. 74th Leg., ch. l&5. § 3, eff. Sept. 1, 1995. ZThe 1995 Act pu:'po~'~ed to add this section ~o Chapter 215 of the Go~'er~e~c Code. § 215.074. Theaters; Shows; Amusements The municipality may regulate the location ~nd conduct of: (1) theaters; (g) mo%ge theaters; (;~) bowling alleys; and (4) other places of public amusements. Acts 1987, ?Otb Leg.. eh. 149, § 1, eft. Sept. 1, 1957. § 215.075. Police Power The municip~Jity may license any lawful business or occupation that is subject to the police power of the municipality. Acts 1987, 70th Leg., ch, 149, § 1, elf. Sept. 1, 1987, CHAPTER 216. REGUI~TION OF SIGNS BY MUNICIPALITIES SUBCHAPTER A. RELOCATION, RECONSTRUCTION, OR REMOVAL OF SIGN Section 216.001. Legislative Intent, 215.002. Definitions. 216,003. Municipal Regulation. 216.0035. Regulatory Authority Not Applicable to 0n- Premises Signs Under Certain Circumsr~,nces, 216.004. Municipal Board. 216.005. Determination of Amount of Compensation. 216.006. Compensation for Relocated Sign. 216.007. Compensa~on for Reconstructed Sign. 216.008. Compensation for Removal of Off-Premise Sign. 2~6.009. ComPensation for Removal of On-Premise Sign. 216.010, Method al' Compensation. 216.011. Tax Appr~qsal of ProPerty With ~oncord'orming Sign. 216.0~2. Special Provi~ion~ for'Signs Under Sign Ordi- nance in Effect on June 1. 1985. 216.0~3. lSxceptions. 21~.014. Appeal. 216.015. Effect of Pa'rial Inva!idiW. [Sections 216.016 W 216,900 reserved for expansion] SUBCHAPTER Z. MISCELLANEOUS pRovIsIONS 216.901. Regulation of Signs by Home-Rule bfunidpality. 216.902. Reg'alation of Outdoor Sign~ in Municipality's Ex- t.r~rritorla} Ju~sdiction. SUBCHAPTER A. RELOCATION, RECONSTRUCTION, OR REMOVAL OF SIGN § 216.001. Legislative Intent (a) This subchapter is not intended t~ require a municipality to provide for the relocation, reconstruc- t/on, or removal of any sign in the municipality, nor is it intended to prohibit a municipality from requiring the relocation, reconstruction, or removal of any sig~. This subchapter is intended only to authorize a munic- ipality to take that act/on 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 pa~'rnent to compensate the owner of a sign that the municipality requires to be relocated, reconstructed, or removed. Cash pay- ment is established as onb' one of several methods from which a municipality may choose in compensat- ing the o~mer of a sign.. (c) This subchapter is not intended to dfect any eminent domain proceeding in which the taking of a 352 ClON OF ITIES VrlON. }R A. pplicable to On- Circumstances. 'ompensation. qgn. ed Sign. ' Off-Pt'emise Sign. :' On-Premise Sign. ith Nonconforming Under Sign 0rdi- 1985. I for expansion] ','4 PROVISIONS -Rule Municipality. ~ Municipality's Ex- 'ATION, OR N ted to require a ation, reeonstruc- unieipality, nor is y from requiting reval of any sig~. athorize a munic- 'ablish the proce do so. nt to compensate pality requires to ,,red. Cash pay- several methMS ,se in compensat' led to affect any h the taking of ~ LAND USE & RELATED ACTIVITIES § 216.005 sign is only an incidental part of the exercise of the eminent domain power. Acts 1987, 70th Leg., ch. 149, .~ l, eff. Sept. 1, 1987. J 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 fl'eestanding sign identifying or advertising a business, person, or actMty, 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, aetMty, event, place, service, or prod- uet not principally located or primmqly manufac- tured or sold on the premises on which the sign is located. Acts 1987. 70th Leg.. ch. 149, ~ 1. eft. Sept. 1, 1987. ~ 216.003. Municipal Regulation fa) Subject to the requirements of this subchapter, a municipality may require the relocation, reconstruc- tion, or removal of any sign within its corporate limits ,)r extl'aten'itorial jurisdiction. Cb) The owner of a sign that is required to be relocated, reconstructed, or removed is entitled to be o)mpensated by the municipality for costs associated ;dth the relocation, reconstruction, or removal. (el If application of a municipal regulation would · ~quire reconstruction of a sign in a manner that would make th~ sign ineffective roi' its intended pul'- l,)se, such as by sul)stantially impaMng the sign's 'risibility, al)plicatimI of the regulation is treated as the pequired removal of the sign for purposes of this subchapter. (d) In lieu of l)aying compensation, a municipality may exempt fi'om required relocation, reconstruction, ot removal those signs lawfully in place on the effec- th'e (late of the requirement. .k~ 1987. 70th Le~., ch. 149, ~ 1. eff. Sept. 1. 1987. Amend- ed by Acts 19.x!L 7~st Leg.. ch. 1. ~ 87(m). eft. Aug. 28,1989. } 216.00:15. RegulatoD' Authority Not Applicable to On-Premises Signs Under Certain Circumstances The authority gTanted to a municipality by this ~ehapter to require the relocation, reconstruction, ~'removal of signs does not apply to: (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 munieipalitfs extrater- ritorial jurisdiction in a county that borders a coun- ty described by that law. Added by Acts 1989, 71st Leg.. eh. 1, § 54(e), elf. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., eh. 482, § 1, elf. 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 or extratenqtorial jurisdiction, the presiding officer of the governing body of the municipality shall appoint a municipal board on sign control. The board must be composed off (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- ga'am; (2) one person engaged in the sign business in the municipality; (3) one employee of the Texas Department of Transportation who is familiar ~-ith real estate valu- ations in eminent domain proceedings; and (4) one architect or landscape architect licensed by this state. (bi A member of the board is appointed fol' a reign of two years. Acts 1987. 70th Leg.. ch. 149, ~ 1. eff. Sept. 1. 1987..Mnend- ed by Acts 1959. 71st Leg.. ch. 951, § 2, eff. Sept. 1, 1989: Acts 1995. 74th Leg.. ch. 165. ~ 22¢47), 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, or removed is entitled. The determina- tion shall be made after the owner of the sign is given the oppm~unity for a hemdng before the board about the issues involved in the matter. (b) In any eom~ proceeding in which the reason- ableness of compensation is at issue and the compen- sation is to be provided over a period longer than one FEB 10 '9? 16:05 FR NICHOLS JCKSON DLLRD ~14 965 0010 TO COPPELL PZ P.06×08 § 216.005 LOCAL GOVERNMENT CODE year. the cour~ shall consider whether the duration of the period is reasonable under the circumstances. Acts 1987. 70th Leg.. ch. 149. § 1, eft. Sept. 1, 1987. § 216.006. Compensation for Relocated Sign The compensable cosUs for a sign that is required be relocated include the expenses of dismantling the sign, transporting it ~o another site, and reerecting it. The board shall dete~nine the compensable costs according to the standards applicable in a proceeding under Chapter 21, Property Code. tn addition, the municipality shall issue to the owner of the sign an appropriate permit or othea' authority to operate a substitute sign of the same type at an alternative site of substantially equivalent value. Whether an alterna- tire 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 cost~, 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. Acta I987, 70th Leg.. ch. 149, § 1. eft. 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 ma~e- 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, I>roper~y Code. Ac~ 1987, 70t% Leg., ch. 149. § 1. eft. Sept. I, 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 wh/ch the removal date of the ~ign occurs, whichever is less, md by multiplying that amount by three. If the sign has not been in fence 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, 354 if the sign did not generate revenue for at least one month preceding September I, 1985, this computation of compensable costs is to be made using only the average annual gross revenue received during the ~wo 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 ff it were in ex/~tenee 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 an>' decrease in the value of the real proper~y. The compensable cost is to be determined by the board according to standards applicable in a proceeding under Chapter 21, Property Code. Acta 1987, 70th Leg., ch. 149, § 1. eft. 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 i~ an amount comput- ed by determining a reasonable balance bet~'een 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. Acta 1987. 70th Leg.. ch. 149. § 1. elf. 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- st. ructed, the municipaLity, acting pursuant to the P~pert), Redevelopment and Tax Abatement Act (Chapter 312, Tax Code ), may abate municipal prop- erty taxes that other~4se would be owed by the o~nner of the sign. The abated taxes may be on any real or personal property os-ned by the owner of the sign except residential property, The right to the abate- ment of taxe~ is assignable by the holder, and the assignee may use the right to abat~msnt ~;'ith respect to taxes on any nonresidential property in the same tmxJng jurisdiction. In a municipality where tax abatement is used to pay compensable costs, the costs include reasonable interest and the abatement period may not exceed five years. (¢). The municipality may allocate to a spedal fund in the municipal treasury, to be known as the sign FEB 10 '9? 16:06 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.09×08 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 sigr~ 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 w/thin the corporat~ I/mits of such municipality that are requh-ed to be relocated, reconstructed, or removed. (e) The municipality may pay compensable costs in cash, Acts 19~'7, 70th Leg., ch. 149, § 1, off. Sept.. 1, 19~/. Amend- ed by Act~ 1989. 71st Leg., ch. i, § SI(a), eft. Aug. °.8, 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 cost~ value appraisal of the sign. The appraisal office shall consider the bom'd'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 1957, 70th Leg., eh. ]49, ~ 1, elf. Sept. 1, 1987. § 216.012. Special Provisions for Signs Under Sign Ordinance in Effect on June 1, 1985 ia) This section applies to compensaLion for the reqtm~d relocation, reconstruction, or removal of a sign under a municipal ordinance in effect on June 1, 1955, that provided for compensation to the sign own- er under an amortization plan. (b) For a nonconforming sign erected after Septem- ber 1, I985, or for a ~ign in place on that date that later is made nonconforming by an e.,,~ns~on 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 atreacly done so, the board shall determine the en~'e 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. mined by the natural life expectancy of a sign. (c) Compensation for the relocation, reconstruction. or removal of a sign that, on September I, 1985, was not in compliance with the sign ordinance shall be 355 § 216.014 made in accordance with the apphcable Procedures of Section 6. Chapter 2~1, 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, 70~ Leg., ch. 149, § 1, elf. Sepk 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, la~, or regulations applicable at the time of its erectior, (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 substantiaI part of it, is blo~'n down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or o~er matter on the sign. (c) For purposes of Subsection (b), a sign or sub- stantial part of i~ 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 subchapter does not limit or restrict the compensation provisions of the highway beauthqcation provisions contained in Aa-ticle IV, Section 1, Chapter 741, ACt~ of the 67~h Legislature, Regular Session, 1981 (Article 4477~9a, Vernon's Texas Ci~l Statutes). Act~ 1987, 70',.h Leg.. ch. 149. ~ 1, eft. Sept. 1, 1987. Amend. ed by Acta 1991, 72nd Leg., ch. 14. § 2S4($2), elf. Sept. 1, 1991. § 216.014. Appeal (a) Any person aggrieved by a decision of the board may file in district court a verified petition se~tjng forth that the de,sion is illegal, in whole or in part, and specif~ng the grounds of thc iliegality. The pe66on must be ,flied ~;Sthin 20 days a~%er the date the decision is rendered by the board. (b) On the filing of the petit/on, the court may issue a writ of certiorari directed to the board to rev/ow the decision of the board and shall prescribe in the ~vit the time w/thin 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, bu~ it shall be sufficient to return certified or sworn copies of the papers. The return must condsely set forth all other facts ~ may FEB 10 '97 16:07 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.08×08 § 216.014 LOCAL GOVERNMENT CODE be pertinent and material to show the grounds of the decision appealed from and must be verified. id) 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 appears t~ 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, § L elf. ~ept, 1, 1957. § 216.015. Effect of Partial Invalidity ia) The legislature declares that it would not have enacted the following w~thout 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 6674v-8, Ver- non's Texas CMl Statutes); and (4) the amendments made to Section 3, Property Redevelopment and Tax Abatement Act (Article I066f, 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 corn- pensation is held invalid for any reason by a final judgment of a court of competent jurisdiction, the enactments described by Subsection ia) are void. AcLs I987, 70th Leg., ch. 149, § I, eft. Sept. 1, 1987, ~Repesled See, no,,'. V.T.C.A.. T~ Code ~§ $12.~01. 312202. [Sections 216.016 to 216.900 reserved for expansion] SUBCH. M~ER Z. MISCELLANEOUS PROVISIONS § 216.901. Regulation of Signs by Home-Rule Mu- nicipality ia) A home-rule municipality may license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance. (b) Subsection (a) does not authorize a municipality to resmlate the relocation, reconstruction, or removal of a sign in violation of Subchapter A. Ac~ 1987, 70th Leg., eh. 149, § 1, elf. Sept. 1, 1987. § 216.902. Regulation of Outdoor Signs in 34unic- ipality's Extraterritorial Jurisdiction ia) A municipality may extend the provisions of its outdoor sign regulatory ordinance and enforce the ordinance withe its area of extraterritorial jurisdic. tion as defined by Chapter 42. However, any murdci- pality, in lieu of the regulatory ordinances, may allow the Texas Transportation Commission to regulate out. door signs in the municipality's extraterritorial jtwis- diction by filing a written notice with the commiszion. (b) If a municipality extends its outdoor sign ordi- nance within its area of extraterritorial jurisdiction, the municipal ordinance supersedes the regulations imposed by or adopted under Chapter 394, Transpor- tation Code. (c) The authority granted to a munidpaIity by this section to extend its outdoor sign ordinance does not apply to: (1) on-premises signs in the exf2aterritorial juris- diction of municipalities in a county described by Chapter 394, Transportation Code, if the circum- stances described by that section occur: (2) on-premises signs in a municipality's extrater- ritorial jurisdiction in a county that borders a court- ty described by that law; and (3) on-premises signs in the ex-traterritorial jmes- diction of a municipality with a population of 1.$ 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. Act$1987, 70th Leg., ch. 149, § 1, eft. Sept~ 1, 1987. Amend- ed by Axt~ 1989, 71st Leg., ch. 1, § 54(f), eft. Aug. 28, I989; Acts 1993, 7$rd Leg.. ch. 482. § 2, ~ff. Aug. 30. 1993; Act, 1995. 74th Leg'., ch. 165, § 2Z(48). eft. Sept. 1. 1995. CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT SUBCHAPTER A. REGULATION BY TYPE A GENERAL-LAW MUNICIPALITY Section 217.001. Municipality Covered by Subchapt~r. 217.002. Nuisance. Z17.003. 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 ~17.040 r~served for expansion] 356 ** TOTRL PPlGE.08 **