ORDINANCE NO. 2018 - 2

AN ORDINANCE AMENDING THE CITY OF RIO GRANDE ORDINANCES
AT CHAPTER 5, ARTICLE 5-8 SIGNS BY ADDING A HISTORIC SIGN DISTRICT
AND OTHER RELATED REQUIREMENTS FURTHER ENUMERATED 
PROVIDING FOR AN EFFECTIVE PROVIDING FOR AND
ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER
HEREOF.

WHEREAS, the Mayor and Commissioners seek to preserve the City of Rio Grande City
Historic District and other areas within the city that have acquired historic landmark
designations; and

WHEREAS, Chapter 211 of the Texas Local Government Code, authorizes zoning functions
and procedures for municipalities; and

WHEREAS, Chapter 211 of the Texas Local Government Code, Section 211.005(a) authorizes
the governing body of a municipality to divide the municipality into districts, within which the
governing body may regulate the erections, constructions, reconstruction, alteration, repair, or
use of buildings, other structures; and

WHEREAS, Chapter 214 of the Texas Local Government Code, Section 214.00111 provides
additional authority to preserve substandard buildings as historic property.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF RIO GRANDE CITY, TEXAS, THAT:

Section 1: Chapter 5, Article 5-8 Signs, Article V. Construction Speci?cations is hereby
amended to reserve certain sections for ?iture use and shall incorporate the following end
citation reference:

Secs. 5-8-140 5-8-155. Reserved

Section 2: Chapter 5, Article 5-8 Signs, is hereby amended by adding Article VI. Signs within
the Historic Sign District and shall read as follows:

Article VI. Signs within the Historic Sign District: Within this subsection, ?Historic Sign
District? includes land in a designated historic landmark or historic district or a National
Register District.

Sec. 5-8?156. Prohibited signs within the Historic Sign District. A person may not
place a handbill, poster, placard, or other temporary sign in the historic sign district,
except inside a window or on a bulletin board and with the consent of the owner or
tenant.

Sec. 5-8-157. Other signs permitted within the Historic Sign District.

(A) If a person ?les an application for a sign permit in the Historic Sign District and the
application complies with all applicable regulations of this chapter and other building
codes adopted by the City of Rio Grande City, then the Flaming Director will review the
application and determine whether it complies with the Historic Sign District guidelines
described in subsection (B) and (C).

(B) In reviewing a sign permit application for the Historic Sign District, the Historic
Preservation Commission shall consider:

(1) the proposed size, color, and lighting of the sign;

(2) the material from which the sign is to be constructed;

(3) the concentration of other surrounding signs;

(4) the proposed orientation of the sign with respect to the structures; and

(5) as applicable, other factors that are consistent with the city?s Historic
Preservation Plan, the character of the National Register District, and the purpose
of historic landmark and district regulations.

(C) The Rio Grande City the Historic Preservation Commission shall approve a sign
permit application for the Historic Sign District if it determines that the proposed sign:

(1) will not adversely affect a significant architectural or historical feature of
the historic sign district; and

(2) as applicable, is consistent with the city?s Historic Preservation Plan, the
character of the National Register District, and the purpose of historic landmark
regulations.

(D) Size and Placement: All signs permitted under the terms of this ordinance shall be
limited to two (2) feet three (3) feet and maintain a minimum distance of ?fty (50) feet
between any other sign(s), in any direction

(E) Permit application fee. All permit applications to the Historic Preservation
Commission for a permit under this subsection shall be accompanied by a fee of $25.00.

(F) If the Rio Grande City the Historic Preservation Commission does not review a
sign permit application for the Historic Sign District by the 60th day after the application
is ?led, then the application is considered approved by the Rio Grande City Planning and
Zoning Commission. Proof of receipt of a permit application must be evidenced by a
mark entered by the Historic Preservation Commission to be considered stamped and
received.

(G) Removal of signs.

Except as otherwise provided, in the event the owner fails to comply with the provisions
of this section, code enforcement shall send written notice directing the abatement of any
violation, personally, or by serving the owner by certi?ed mail or by publication two
times within ten days in the of?cial newspaper of the city if the owner cannot be served
personally, or if the owner's address is unknown. If the owner fails to comply with the
notice of abatement within ten working days after notice, the sign shall be deemed a

nuisance. The Planning Director shall cause the nuisance to be abated and shall charge all
costs and expenses incurred therewith to the owner. The expenses assessed for abatement
shall be actual removal expenses, but not less than $25.00, plus an administrative fee of
$80.00. Prohibited signs con?scated by the city will be stored for ten days, and may be
claimed by owner by payment of $5.00 per sign, plus any cost of removal as stated
above. Any con?scated sign not claimed within ten days of the notice described herein
may be destroyed.

Secs. 5-8-158 5-8?170. Reserved

Section 3: A copy of this ordinance will be made available to the public through the City
Secretary?s Of?ces. The fee requirements will be made available to the public through the City?s
Planning Director.

Section 4: Should any section or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid, that decision will not affect the validity of the ordinance as a whole or
any part thereof, other than the part so declared to be invalid.

Section 5: This ordinance will take effect immediately from or after its passage, approval and
adoption by the City Commission, following the second reading of this ordinance.

Section 6: The City Commission ?nds and determines that the meetings at which this ordinance
was passed, approved and adopted were open to the public and that public notice of the time,
place, and purpose of said meetings were duly given as required by the Texas Open Meetings
Act.

PASSED AND APPROVED by the City Commission of Rio Grande City, Texas, at ?rst
reading on this if] day of November 2018 during a regular meeting of the City Commission of
Rio Grande City, Texas which meeting was held in compliance with the Open Meetings Act,
Texas Government Code 551.001, et Seq, at which a quorum was present and voting.

PASSED AND ADOPTED by the City Commission of Rio Grande City, Texas, at second
reading on this day of December 2018 during a regular meeting of the City Commission
of Rio Grande City, Texas which meeting was held in compliance with the Open Meetings Act,
Texas Government Code 551.001, et Seq, at which a quorum was present and voting.

JCTEL VILLARREAL, MAYOR
CITY OF RIO GRANDE CITY, TEXAS

(7&1;an QM

Lyzette M, City Secretary

 

APPROVED AS TO FORM:

 

 

 

Calixtro 1 arreal, City Attorney