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ORDINANCE NO. 3708

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS, AMENDING (A) THE CHANGEABLE COPY SIGN DEFINITION FOUND IN SECTION 86-41 OF ITS CODE OF ORDINANCES, AND (B) SECTIONS 86-153(2)c AND 86-154(2)c OF ITS CODE OF ORDINANCES, PRESCRIBING REGULATIONS FOR CHANGEABLE COPY SIGNS; AND AMENDING SUBSECTIONS 2 AND 3 OF SECTIONS 1.41 THROUGH 1.46, INCLUSIVE, OF “APPENDIX A - ZONING” OF THE CODE OF ORDINANCES TO PROVIDE THAT CHANGEABLE COPY SIGNS NOT ALONG THE EXPRESSWAY CORRIDOR ARE PERMITTED USES, AND TO PROVIDE THAT CHANGEABLE COPY SIGNS ALONG THE EXPRESSWAY CORRIDOR ARE CONDITIONAL USES; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING A PUBLICATION DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSION, COUNTY OF HIDALGO, TEXAS THAT:

1. The definition of Changeable copy sign in Section 86-41, ‘Sign Classifications’ of the Code of Ordinances is amended to read as follows:

Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of, for example, time and/or temperature shall be considered the “time and temperature” portion of a sign and not a changeable copy being for purposes of this chapter. Such changeable copy sign shall not be less than 1000 feet from other such sign, and are deemed a conditional use requiring the approval of the appropriate boards. All changeable copy signs must comply with the following requirements.

Brightness – The maximum brightness shall not exceed 5,000 candelas per square meter during daylight hours and 500 candelas per square meter between dusk and dawn. The sign must have an automatic dimmer control which produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise. User must submit documentation of this capability and compliance with the sign application.

Colors – Colors shall not include the red, yellow or green color spectrum used for traffic control devices. No Changeable Copy Sign may be of such intensity or brilliance as to interfere with the effectiveness of an official traffic sign, device or signal. Such signs shall not produce glare or other lighting nuisances.

Timing – Must not display a message or picture that scrolls, fades, blinks, bursts, flashes, travels, or by any other means that does not provide constant illumination. Every message or picture display must remain static for a minimum of eight seconds and must accomplish a change in display within two seconds or less.

2. 86-153(2)c – Neighborhood Commercial District, Office Building District of the Code of Ordinances, is amended to read as follows;

c. Changeable copy sign (requires conditional use permit);

1. Minimum setback: five feet from property line.

2. Maximum size: 40 square feet.

3. Maximum height: 20 feet.

86-154(2)c – General Commercial District; Heavy Commercial and Industrial Districts of the Code of Ordinances is amended to read as follows:

c. Changeable copy sign (requires conditional use permit)

1. Minimum setback: five feet from property line

2. Maximum size: 40 square feet.

3. Maximum height: 20 feet.

3. Subsections 2 and 3 of Sections 1.41 through 1.46, inclusive, of ‘Appendix A – Zoning’ of The Code of Ordinances are hereby amended to add to said subsections 2 as permitted uses ‘Changeable Copy signs not along the Expressway corridor,’ and to limit in said subsections 3 ‘changeable copy signs’ as conditional uses only along the Expressway corridor.

4. The provisions of this Ordinance are to be publi8shed in the locations indicated in the Code of Ordinances of the City of Mission, Texas as soon as practicable.

5. This Ordinance shall take effect immediately upon its passage and publication according to law.

READ, DISCUSSED, CONSI-DERED AND PASSED  ON THIS THE 14TH DAY OF NOVEMBER, IN THE YEAR OF OUR LORD, 2011.

Norberto Salinas, Mayor

ATTEST: Anna Carrillo, City Secretary

City of Mission, Texas

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