(A) General purpose and description.
(1) The HWY 82 Overlay District (H82OD) is intended to improve the aesthetics and integrity of development along the HWY 82 corridor within the city, where higher development standards can effectively enhance the city's image as a desirable place to live, work, and shop.
(2) The H82OD is limited to a specified area encompassing land located within the city limits and running parallel to the centerline of HWY 82, 700 feet to the north and 700 feet to the south or has HWY 82 access within the 700 feet, and supplements the standards of the existing business districts with new or different standards. In the event of a conflict between the standards of the H82OD and the regulations of the underlying zoning district, the standards described herein will prevail.
(B) Scope and enforcement.
(1) New buildings. All new buildings erected or constructed within the H82OD shall adhere to this section.
(2) Existing buildings and additions to existing buildings. Existing buildings within the H82OD shall conform to this section upon any modifications to the façade or expansion of the building.
(C) Building façade standards. Requirements are applicable to all sides of a building or structure visible from HWY 82. A building facade plan of the entire proposed project shall be submitted with site plan review documents.
(1) Building materials. A minimum of 100% of a building's total facade visible from HWY 82 shall utilize materials allowed by right or Special Use Permit.
(a) Allowed by right. Masonry and glass.
(b) Allowed by Special Use Permit. Materials or technologies not addressed or contemplated by these regulations may also be allowed by Special Use Permit, if such materials are consistent with the visual nature and quality of the masonry materials permitted herein. Additionally, franchise businesses with an established theme that has not been deviated from in any other jurisdiction may apply for a Special Use Permit to use a material not permitted in this section.
(c) Trim materials. Architectural metal, EIFS (exterior insulation and finish systems), wood, cementious fiberboard may be utilized for window and door trim, fascia, or soffit. EIFS may be used as a trim material but shall not be used within six feet of the ground.
(d) Bright or fluorescent colors shall not be permitted on any building material without Special Use Permit.
(e) All facades of an individual building, multiple buildings in a shopping center, or integrated business development shall have architectural design, color, and materials that are compatible or consistent with an overall theme.
(2) General purpose and description (H82OD) is intended for neighborhood shopping facilities, and retail and tourism. The (H82OD) is established to accommodate the daily and frequent needs of the community. The following regulations shall be applicable to all uses in the district:
(a) All business shall be conducted wholly within an enclosed building;
(b) Frontage property visible from HWY 82 shall not be used for the storage of equipment, containers, or waste material;
(c) All merchandise shall be sold at retail on the premises; and
(d) Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.
(e) Representative principal permitted uses (subject to approval):
1. Auto Dealerships.
2. Consumer Convenience Services (Lawn Care, Dry Cleaners, Home Cleaning, Manicures & Pedicures, Taxis and valet parking).
3. Commercial Recreational Facilities (Movie Theaters, Paintball Course, Driving Range, Bowling Alley).
4. Drive-in Services.
5. General Retail Services.
6. Grocery Stores.
7. Hotel & Motel.
8. Nurseries.
9. Restaurants, Cafes, Coffee Shops.
10. Retail Sales.
(D) Highway Overlay District (H82OD) signs.
(1) On-premise pole signs shall meet the following regulations:
(a) Maximum height: 60 feet.
(b) Maximum advertised message area: 60 square feet.
(c) Spacing: A minimum of 200 feet from any other monument or pole sign on the same property, measured along the right-of-way.
(d) Digital (electronic)signs.
1. Digital signs shall not be animated, flash, travel, blink, fade or scroll and shall transition instantaneously to another static image.
2. Digital signs shall display static images for a period of at least eight seconds.
(e) Nonconforming existing signs.
1. Any nonconforming sign and/or its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of 50% of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Permits granted prior to the passage of this chapter shall be renewed only if the applicant complies with all provisions of this chapter.
2. No sign or supporting structure that is lawfully repaired, reproduced, or renovated as a nonconforming sign shall be increased in area or height.
3. If a nonconforming sign is moved, the sign shall lose its nonconforming status and shall be required to meet all requirements of a new sign under this chapter.
(2) Signs may be illuminated provided that the provisions of this section are complied with:
(a) Brightness limitations. The lighting intensity of a sign, whether resulting from internal illumination or external illumination, shall not exceed 75 foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the most-narrow dimension of the sign.
(b) Glare. Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination, upon adjacent public right-of-way and surrounding property.
(c) Electrical permit. All signs in which electrical wiring and connections are to be used shall be subject to the applicable provisions of the city's electrical code.
(3) Abatement of sign violations and removal of unsafe signs.
(a) Any sign that is structurally unsafe or that constitutes a hazard to the health, safety, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, abandonment or other cause is hereby declared to be a public nuisance and shall be abated by demolition or removal.
(b) Should the city determine that any sign is not properly maintained, is unsafe or insecure or has otherwise been constructed, erected, or maintained in violation of the provisions of this section, the City Inspector shall give written notice to the permit holder or owner thereof. Such notice and order shall contain substantially the following:
1. The registration number, if available, location and business name of the sign, sufficient for identification of such sign.
2. A statement that the city has found such sign to be in violation of this section or other laws, together with a general description of such violation.
3. The amount of time required to bring the sign into compliance with this section or any other law, said time not to exceed ten days. The city may extend the time of notice when it is shown that such corrections cannot be accomplished within the original ten-day time period.
(c) In addition to the above, the City of Whitesboro may issue citations or pursue any other administrative or legal remedy in order to abate any sign which is in violation of this section or any other law.
(d) Not withstanding anything contained herein to the contrary, the city may cause any sign which is dangerous to persons or property to be removed summarily and without notice.
(Ord. 1102, passed 8-14-18; Am. Ord. 1140, passed 7-21-20)