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HomeMy WebLinkAboutOrdinance No. 2012-1986 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2012-1986 SIGN ORDINANCE REVISION FEATHER SIGNS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN ORDINANCE REVISING THE CODE OF ORDINANCES, ARTICLE XI OF CHAPTER 6, ENTITLED "SIGNS," BY AMENDING SECTION 6-261 ENTITLED "SPECIFIC SIGN CRITERIA - TEMPORARY SIGNS," BY AMENDING SUBSECTION (J) ENTITLED "FEATHER SIGNS;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regulation of the location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services and facilities in the corporate limits of the City of The Colony, Texas, to encourage the general attractiveness of the community and to protect property values therein; and WHEREAS, the City Council of the City of The Colony, Texas, intends to establish updated regulations governing the display, removal and/or impoundment of signs by providing that signs promote and protect the public health, safety, comfort, morals and convenience, do not obstruct firefighting or police activity, and improve pedestrian and traffic safety; and I WHEREAS, the City Council of the City of The Colony, Texas, desires, by establishing updated regulations applicable to signage, to enhance the economy and the business and industry of the City of The Colony, Texas, by promoting the reasonable, orderly and effective display of signs and thereby encourage increased communication with the public, so that businesses and services may identify themselves, customers and other persons may locate a business or service, and by providing regulations to ensure that signs are compatible with their surroundings and are appropriate to the type of activity to which they pertain; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend the current Chapter 6, Article XI concerning the regulation of signs within the City and extraterritorial jurisdiction of the City in accordance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if filly set forth herein. SECTION 2. That Chapter 6, Article XI, Entitled "Signs," of the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Section 6-261 entitled "Specific Sign Criteria Temporary Signs," by amending subsection (j) entitled "Feather Signs", which shall read as follows: , t,w~ i1,40'r ~-io z~ Purpose To allow applicants an alternative method of advertising special events and/or sales Location Feather signs may be placed in the front yard of any business within a landscaped and/or grassy area Feather signs shall be located on the same lot as the applicant's business and directly in front of the business in cases where a pad site, another parcel or structure interferes with the usual placement , of feather signs directly in front of the business, the Chief Building Official will determine the appropriate placement and his decision regarding placement will be final FEATHER SIGNS Where a sidewalk exists, the placement of the feather signs shall be located on the opposite side of the sidewalk from the right-of-way and set back a minimum of 2 feet from the sidewalk Where no sidewalk exists, the placement of the feather signs shall be set back a minimum of 10 feet from the back-of-curb No feather signs shall be placed in the right-of-way or medians No feather sign shall encroach over or onto any public right-of-way or visibility triangle Maximum Height 15 feet Maximum 30 square feet of effective sign area Effective Sign Area Maximum The maximum number of signs shall be calculated based on the width of Number of Signs the fagade or face of the business that will be utilizing the feather signs, as per Business follows: 0 - 50 feet wide - maximum 3 signs 51 - 100 feet wide - maximum 5 signs 101 - 200 feet wide - maximum 7 signs 201 feet and greater- maximum 10 signs Feather signs shall be spaced a minimum of 15 feet from another feather sign and be located a minimum of 10 feet from any drive providing ingress and egress A scaled site plan drawing showing the proposed location of the feathers signs shall be submitted to the Development Services Director who will ascertain the appropriate placement of the feather signs Maximum 6 permits for feather signs are allowed per business per calendar year Number of Permits/Year 2 Timeframe Valid for 30 days No feather signs may be displayed concurrently with a banner Permit Required /Application Fee Yes Removal All feather signs must be removed on the day of the expiration of the permit SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation knowingly violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. DULY PASSED by the City Council of the City of The Colony, Texas, this the 20th day of November, 2012. Joe McCoufry, Mayor ATT . cis Christie Wilson, City Secretary t ' t. I-PPROVED AS TO FORM: Jeff Moore, City Attorney 3