a. Generally.
1. Applicability to ETJ. In accordance with Texas Local Government Code Section
216.902, the
sign and
billboard provisions of this Division are hereby extended to apply and control within the extraterritorial jurisdiction (
ETJ) of the City.
2. Limits of ETJ. The
ETJ is as defined in the Texas
Local Government Code, and specifically includes all areas lying outside the corporate limits of the City, but within five miles of the corporate limits. Annexations extending the corporate limits, without further action, automatically extend into the
ETJ area so that it becomes subject to the provisions of this Division.
3. Comparable use determination.
A. The requirements for
signs and
billboards for each zoning district within the City apply to each area of use of property within the
ETJ when the Director of Planning determines that the use is comparable to a use allowed by any district within the corporate limits, based on the submittal of an application for Comparable Use Determination in accordance with the applicable provisions in Article
39.07,
Development Review Procedures. In that case, the same
sign and
billboard requirements that govern the least intense zoning district where the comparable use is permitted apply to the
ETJ area determined to be comparable to that specifically zoned district. For example,
Automobile/Vehicle Service is permitted in the
AC,
LI, and
GI zoning districts. Therefore, for purposes of regulation of
signs, the use would be treated as if it were located in the
AC zoning district.
B. The comparable use area within the
ETJ shall only include the area actually used for the comparable use, and any area immediately
adjacent to that area and reasonably necessary for that use.
C. All areas within the
ETJ, inclusive of
vacant property, are deemed comparable to the Residential Estates (
RE) district until an application for Comparable Use Determination is submitted and acted upon by the Director of Planning or until that area is actually annexed.
b. Sign permit and construction.
2. Construction. Signs or
billboards shall be constructed in strict conformity to the terms and conditions of the order or decision and the requirements of this
UDC.
c. Existing signs.
1. Effective date. All
signs and
billboards located in the
ETJ on the effective date of this
UDC or located within areas added to the
ETJ by subsequent annexation upon the effective date of each subsequent annexation, are declared nonconforming and entitled to remain under and subject to the rules applicable in this
UDC to other nonconforming
signs if those
signs are registered with the City within the time and manner provided below.
2. Registration. Within six months after the effective date of this
UDC as to areas designated as within the current
ETJ or within six months after the effective date of a subsequent annexation that extends the area of the
ETJ, all
signs or
billboards desired to be designated as nonconforming shall be registered as provided below.
Signs or
billboards not registered within six months are conclusively presumed illegal and not nonconforming. The property
owner shall remove those
signs immediately without cost to the City.
3. Declaration of nonconforming sign. Registration of nonconforming
signs and
billboards shall be accomplished upon filing (within the time provided) of a Declaration of Nonconforming
Sign upon forms to be provided by the City. Those forms shall require any information as necessary or helpful to a determination by the Director of Planning, including but not limited to:
A. A written legal description of the parcel location;
B. A scaled drawing or photograph of all
signs showing:
C. A certification that the
sign or
signs presented as nonconforming are the only nonconforming
signs on the property;
D. The names of all
owners, lessees, or any other
person, firm, or corporation claiming any interest in the area sought to be defined as nonconforming; and
E. If the applicant is other than the fee simple
owner as reflected by the Deed Records of Lubbock County, then instruments reflecting his authority to file the application shall be furnished.
4. Posting. The Director of Planning shall post a copy of the application in a display area open to the public at or near its offices. Each posted application shall contain a notice to the public as to how the nonconforming designation may be challenged.
5. No challenges received. If after verification of the contents, there are no challenges received within 15 days of the date of posting, the Director of Planning shall post, approve, and file the application within 30 days.
6. Challenges received. If an application is challenged, or, if the Director of Planning determines that the application contents are insufficient, the Director of Planning may require the applicant to provide additional information as needed to determine whether the application complies with this Section. Requests for additional information shall be mailed to the applicant by certified mail within 25 days after the application is posted. If the validity of the declaration of nonconforming use is still not reasonably reflected by the information before the Director of Planning after the additional information is received, or if the application is challenged, the Director of Planning shall set a date for a hearing upon the application. The Director of Planning shall give notice to the applicant and
person who challenges the application. The hearing date shall be at least 10 days after the date of mailing the notice.
7. Final decision. If the Director of Planning determines that the
sign was in place on the effective date of this
UDC after the hearing is closed, then the Director of Planning shall accept the application. If the Director of Planning determines that the
sign was not in place upon the effective date of this
UDC, then the application shall be denied.
9. Substitute. The Director of Planning may designate a substitute to act in their place for the purpose of any hearing required above if they are ill, disabled, or absent.
(Ordinance 2023-O0054 adopted 5/9/2023)