HomeMy WebLinkAboutOrdinance No. 2014-2068CITY OF THE COLONY, TEXAS
SIGN REGULATIOS
ORDINANCE NO. 2014- , �
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE
CITY OF THE COLONY, TEXAS, BY AMENDING CHAPTER 6,
ARTICLE XI, ENTITLED "SIGNS," BY AMENDING SECTION 6-258,
ENTITLED "PROHIBITED SIGNS," BY ADDING MECHANICAL SIGN
AS A PROHIBITED SIGN; REPEALING IN ITS ENTIRETY SECTION 6-
261(h), ENTITLED "POLITICAL SIGNS," AND REPLACING IT WITH A
NEW SECTION 6-261(h)(1), ENTITLED "POLITICAL SIGNS ON CITY
PROPERTY USED AS A POLLING LOCATION," AND 6-261(h)(2),
ENTITLED "OTHER POLITICAL SIGNS," BY ADDRESSING
POLITICAL SIGNS FOR POLLING LOCATIONS AND OTHER
POLITICAL SIGNS; AMENDING SECTION 6-262(f) ENTITLED
"PYLON SIGNS," BY ADDRESSING THE REGULATIONS FOR PYLON
SIGNS; AMENDING SECTION 6-263, ENTITLED "DEFINITIONS," BY
ADDING A DEFINITION FOR "MANNEQUIN SIGNS" AND
"MECHANICAL SIGNS"; AND AMENDING SECTION 6-263, ENTITLED
"DEFINITIONS," BY AMENDING THE DEFINITION OF "PORTABLE
SIGNS," PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 216 of the Texas Local Government Code authorizes the City of
The Colony, Texas, to regulate signs within the City of The Colony, Texas; and
WHEREAS, Section 216.903 of the Texas Local Government Code authorizes the City
of The Colony, Texas, to regulate political signs which have the following: (1) an effective area
greater than thirty-six (36) square feet; (2) are more than eight feet (8') in height; (3) are
illuminated; or (4) have moving elements; and
WHEREAS, Sections 61.003(a-1) and 85.036(b) of the Texas Election Code, as added
by Texas House Bill 259 (2013), authorizes the City of The Colony, Texas, to enact reasonable
time, place, and manner restrictions regarding political signs placed on City property used as a
polling place for early voting or for voting on election day; and
WHEREAS, the Sign Board of Appeals of the City of The Colony, Texas,
recommended approval of said changes to Chapter 6, Article XI, entitled "Signs" as reflected in
this Ordinance; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion and
finds that said changes to Chapter 6, Article XI, entitled "Signs" as reflected in this Ordinance
should be granted, and that the Code of Ordinances should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Chapter 6, Article XI, entitled "Signs" is hereby amended by
amending Section 6-258, entitled "Prohibited Signs," which shall read as follows:
"See. 6-258. Prohibited Signs.
(a) Any sign not referenced in, defined by or governed by this article is prohibited. In
addition, the following signs are specifically prohibited:
(1) Billboard;
(2) Mechanical sign;
(3) Off -premises sign;
(4) Pole sign;
(5) Portable sign;
(6) Roof sign;
(7) Searchlight;
(8) Sign that emits odor or visible matter;
(9) Temporary sign, except as expressly permitted in Section 6-261;
(10) Vehicular sign where its primary function is to have the effect of a stationary or
monument sign;
(11) Wind device.
(b) The following signs are also prohibited:
(1) Any sign containing graffiti, obscene, indecent or immoral words, pictures,
descriptions or other matter deemed to be of detriment to the health or morals of
the citizens.
(2) Any sign that advertises events, businesses and/or services located outside the
corporate city limits or the extraterritorial jurisdiction (ETJ) of The Colony.
(3) Any sign that could create a conflict with the traveling public or that creates
confusion, impairs hearing or vision, or otherwise unduly attracts a vehicle
driver using any public street, including high-intensity bare bulbs, any sign that
duplicates traffic signs or signals, or any sign emitting noises that simulates
sirens, bells or any warning devices of emergency vehicles.
(4) Any sign that is affixed to fences, utility poles, and trees on public or private
property or any sign that is erected in or over a public right-of-way or access
easement, except as allowed in subsection 6-2590).
(5) Any sign erected in violation of the building code currently adopted by the city,
that is erected or installed without the issuance of a permit, or that does not
comply with federal or state laws.
(6) Any flashing sign and intermittent lighting of signs or areas:
(A) Where it is located within 200 feet of and/or is directly visible from
residential property;
(B) Any lighted sign that would, by reason of placement, lack of shielding,
noise generation or character of operation, be adverse to the normal
sensibilities of a person residing on adjacent property or would interfere
with the reasonable use, enjoyment or right of privacy on said property;
and/or
(C) Any sign or lighting used in conjunction with other moving, flashing,
intermittently lighted, changing colors, beacons, revolving or similarly
constructed signs."
SECTION 3. That Chapter 6, Article XI, entitled "Signs" is hereby amended by
repealing in its entirety Section 6-261(h), entitled "Political Signs," and replacing it with a new
Section 6-261(h)(1) entitled "Political Signs on City Property Used as a Polling Location," and
Section 6-261(h)(2) entitled "Other Political Signs," which shall read as follows:
"(h) (1) Political Signs on
City Property Used as a Polling Location
Location
Applies only to political signs on City property being used as a polling location
Shall not be located within any public right-of-way or median
Shall not be located within 100 feet of any polling location
Maximum Effective Sign Area
6 square feet of effective sign area
for signs located greater than
100 feet but closer than 500
feet of a polling location on
City property
Illumination
Signs may not be illuminated
Moving Parts
Signs may not have moving parts
Duration
Signs may be place no earlier than 24 hours before the first day of the early
voting period and must be removed within 24 hours after the close of polls on
election day
Permit
Not Required
Fee
No
Maximum Number of Signs
Limited to three (3) signs per candidate or issue
at all other locations (other
than city property)
Maximum Height
8 feet
Illumination
Signs may not be illuminated
Moving Parts
Signs may not have moving parts
Permit
Not Required
Fee
No
Maximum Number of Signs
No restriction as to number"
SECTION 4. That Chapter 6, Article XI, entitled "Signs" is hereby amended by
amending Section 6-2620, entitled "Pylon Signs," which shall read as follows:
"(f) Pylon Signs
Location
Permitted only along the frontage of State Highway 121 as follows
Minimum 40 feet setback from any side or rear property line
Minimum 10 feet from any easement or property line adjacent to a street
Minimum 50 feet setback from any residential property line
Maximum Effective Sign
100 square feet of effective sign area per business
Area
500 square feet maximum effective sign area, regardless of the number of businesses
advertising on the sign
Supports
2 structural supports required (single pole pylon signs are prohibited)
Supports shall be located at the outermost extremities of the sign face
No additional signs or advertising may be attached to the support structure
Maximum Height
40 feet (Creating a grade by berming or adding fill to increase the height of the sign is
prohibited)
Materials
The structural supports shall be encased in the same materials and color as the
primary associated structure for the first sixteen (16) feet above grade; the remainder
of the supports shall be painted with a textured paint in a color that matches the
primary associated structure.
Spacing Between Signs
150 linear feet per premises
Lighting
Single -faced or double-faced sign lighting is allowed. Lighting is permissible by back
fluorescent or accent lighting.
No lighting shall shine or produce glare onto public streets or adjacent residential
properties
Changeable Electronic
Maximum seventy-five (75%) of the effective sign area
Message/Reader Board
Each message must be displayed a minimum of 10 seconds and must occur
Component.
simultaneously on the entire electronic sign face
If located along SH121, FM 423 or other state highway, refer to TOOT regulations,
where applicable
Permit
Required
Fee
Yes
Maximum Number of
1 pylon sign per commercial development"
Signs
SECTION 5. That Chapter 6, Article XI, entitled "Signs" is hereby amended by
amending Section 6-263, entitled "Definitions," by adding a definition for "Mannequin Sign"
and "Mechanical Sign," which shall read as follows:
"Mannequin Sign. A stationary or mechanical portable sign meant to resemble a human
being or other figure for the purpose of attracting attention to a business and/or event and
that may include a spinning, moving or illuminated sign.
Mechanical Sign. Any sign which rotates, shakes or moves by means of a motor, battery
or other means."
SECTION 6. That Chapter 6, Article XI, entitled "Signs" is hereby amended by
amending Section 6-263, entitled "Definitions," by amending the definition for "Portable Sign,"
which shall read as follows:
"Portahle Sign. Any sign not permanently attached to the ground or to a building, which
is designed to be easily transported or conveyed to different locations. This term includes,
but is not limited to: signs affixed to trailers, mannequin signs, or signs on metal stands
with skids or wheels."
SECTION 7. 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 8. 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 9. That any person, firm or corporation violating a provision of this
Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum
not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
SECTION 10. That this Ordinance shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPRQVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 0 day of m. , 2014.
G
J McCour y, Mayor
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
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