HomeMy WebLinkAboutOrdinance No. 375 CITY OF THE COLONY~ TEXAS
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF THE COLONY~ TEXAS~
AMENDING CHAPTER 6 ARTICLE II~ SECTIONS 6-20 THROUGH
6-62~ INCLUSIVE, RELATING TO SIGNS BY REPEALING THE SAME
AND ENACTING A NEW CHAPTER 6, ARTICLE II RELATING TO
SIGNS; PROVIDING FOR ADMINISTRATION OF THE ORDINANCE;
PROVIDING DEFINITIONS; PROVIDING PROVISIONS FOR ALL
ZONING DISTRICTS; PROVIDING PERMIT PROCEDURES AND FEES;
PROVIDING SIGN REGULATION IN BUSINESS DISTRICTS;
PROVIDING SIGN REGULATIONS IN NON-BUSINESS ZONING
DISTRICTS; PROVIDING REGULATIONS WITH REGARD TO
NONCONFORMING SIGNS AND EXCEPTIONS THERETO; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That Chapter 6 of the Code of Ordinances of the City of The
Colony, Texas (the "City") is hereby amended in the following particulars and that all
other sections, subsections~ paragraphs~ sentences, definitions~ phrases and words of said
Code of Ordinances are not amended but shall remain intact and are hereby ratified~
verified, approved and affirmed:
A. That Article II of Chapter 6 relating to signs is repealed and a new Article
II is enacted to read as follows:
"Section 6-20. ADMINISTRATION.
The provisions of this article shall be administered and enforced by the Building
Inspection Department.
"Section 6-21. DEFINITIONS.
For the purpose of this article~ the following words and phrases shall have the
meanings respectively ascribed to them by this section:
1. Building a structure which has a roof supported by columns, walls or
air for shelter~ support, or enclosure of persons, animals~ or
chattels.
2. Effective Area-the area enclosed by drawing a rectangle or horizontal and
verticle lines which fully contain all extremities of the sign
drawn to scale~ exclusive of its support. The measurement is
to be calculated from the viewpoint which gives the
largest rectangle of that kind, as the viewpoint is rotated
horizontally around the sign. The effective area for attached
signs shall mean the sum of the areas of the minimum
imaginary rectangles enclosing each word attached to any
particular facade.
3. Facade - any separate face of a building, including parapet walls and
omitted wall lines, or any part of a building which encloses
or covers usable space. Where separate faces are oriented in
the same direction, or in the directions within £orty-five (#5°)
degrees of one another~ they are to be considered as a part
of a single facade.
4. Premises - a lot or unplatted tract~ or a combination of contiguous lots
or unplatted tracts if the lot or tract, or combination is
under single ownership and is reflected in the plat records of
the City. Multitennant locations shall be considered as one
tract.
5. Sign - Any device, flag, light, figure, picture, letter, word, message,
symbol, plaque, or poster visible from outside the premises on
which it is located and designed to inform or attract the
attention of persons not on that premise, including
searchlights.
Sign, Attached - any sign attached to, applied on, or supported by, any part
of a building (such as a wall, roof, window, canopy, awning,
arcade, or marquee) which encloses or covers usable space.
7. Sign, Detached _ any sign connected to the ground which is not an
attached sign, inclusive of signs on movable objects, except
signs on vehicles which are moving or are parked only
temporarily, incidental to their principal use for
transportation.
8. Sign, Monument - a free-standing masonry or metal sign with no apparent
poles or supports.
9. Sign, Movement Control - a sign which directs vehiclular or pedestrian
movement within or onto the premises on which the
movement control sign is located.
10. Sign, Non-premises - any sign which is not a premises sign.
11. Sign, Political - any type of sign which refers only to the issues or
candidates involved in a political election. Allowed in
residential zones on lots with dwellings only.
12. Sign, Premises - any sign the content of which relates to the premises on
which it is located referring exclusively to the name,
location, products, persons, accommodations, services or
activities of or on those premises, or the sale, lease, or
construction of those premises.
13. Sign, Protective - any sign which is commonly associated with safeguarding
the permitted uses of the occupancy, including, but not
limited to, "bad dog", "no trespassing", and "no solicitors".
1#. Sign, Special Purpose - a sign temporarily supplementing the permanent signs
on the premises.
Sign, Yehicular- any sign on or in a vehicle moving along the ground or on any
vehicle parked temporarily, incidental to its principal use for
transportation. This definition shall not include signs which
are being transported to a site of permanent erection or
lettering on company vehicles that advertises only the
company name and address.
16. Sign Device - any flag, banner, pennant, balloon, streamer, or similar
device that moves freely in the wind. All wind devices are
considered to be signs, and are regulated and classified as
attached or detached, by the same rules as other signs.
17. Sign Support - any pole, post, strut, cable, or other structural fixture or frame-
work necessary to hold and secure a sign, providing that said
fixture or framework is not imprinted with any picture,
symbol or word using characters in excess of one inch in
height, nor is internally or decoratively illuminated.
lg. Zoning District, Business- any zoning district designated by the Comprehensive
Zoning Ordinance of the City of The Colony as O-1, 0-2, NS,
SC, GR, LC, HC, I, BP. Any PI) I)istrict is also included in
this list, unless specifically excluded by its provisions.
19. Zoning District, Non-Business - any zoning district not designated as a business
district in accordance with the above definition.
Page -2-
20. Portable and]or Display Sign - a sign or display surface temporarily fixed to
a standardized advertising or structure which can be regularly
moved from a location at periodic intervals and is not
permanently affixed to the real property.
21. Sign, Change Panel - A sign which has changeable letters. Change-Panel
signs are allowed only as specified for gasoline pricing signs,
institutional signs, grand opening signs, and movie theatres.
Section 6-22. PROVISIONS FOR ALL ZONING DISTRICTS.
1. Government Signs.
Nothing in this article shall be construed to prevent the display of a national
flag or state flag, or to limit flags, insignia, legal notices, or informational, directional, or
traffic signs which are legally required or necessary to the essential functions of
government agencies, or any approved promotional banners or decorations related to civic,
philanthopic, or municipal events.
2. Hazardous or Nuisance Signs.
No sign shall be illuminated to an intensity to cause glare or brightness to a
degree that could constitute a hazard or nuisance. Moving, flashing, intermittently
lighted, changing color, beacons, revolving or similarly constructed signs shall not be
allowed.
3. Building Code.
No sign shall be erected in violation of the Building Code of the City.
#. Construction Signs.
Temporary construction signs are allowed when complying with the requirements
of this article, providing that such signs shall not be erected prior to the issuance of the
building permit for the project the signs pertain to, and that such signs must be removed
prior to the issuance of a certificate of occupancy for said building.
5. Signs on Sidewalk, Street, etc.
No person shall attach any sign, paper or material, or paint, stencil or write any
name, number (except house number) or otherwise mark on any sidewalk, curb, gutter,
OF street.
6. Signs over Right-of-way.
Signs over right-of-ways are prohibited. No sign shall be erected closer than ten
(10) feet from, or in, any existing public right-of-way except as noted herein.
7. Imitation of Traffic and Emergency Signs.
Imitation of traffic and emergency signs is prohibited. No person shall cause to
be erected or maintained any sign using any combination of forms, words, colors, or lights
which imitate standard public traffic regulatory, emergency signs, or signals.
8. Special Purpose Signs - General.
Special purpose signs may be erected at any residential occupancy or premises
provided such signs comply with all other applicable requirements of this article.
9. Special Purpose Political Signs.
Special purpose political signs may be erected at any residential occupancy or
premises provided such signs comply with all other applicable requirements of this article.
Page -3-
19. Words on Machinery or Equipment.
Words may be attached to machinery or equipment which is necessary or
customary to the business, including but not limited to, devices such as gasoline pumps,
vending machines and ice machines, provided that words so attached refer exclusively to
products or services dispensed by the device and project no more than one (1) inch from
the surface of the device.
20. Gasoline signs
Gasoline price-per=gallon or credit card signs may only be mounted on pump
islands or incorporated into the site monument sign with maximum total area of any single
sign face not to exceed four (~) square feet at the pump island or eight (8) square feet on
the monument sign.
21. Searchlights.
Searchlights are specifically prohibited.
22. Balloons.
Balloons or inflatable devices shall be restricted to promotional uses in
non-residential areas for no more than fourteen (It)) days in any twelve (12) month period.
Size, height, and location must be approved by the Building Official. Permit will be
required.
Section 6-23. PERMIT PROCEDURES AND FEES.
1. Permit required.
No sign shall be erected, constructed, relocated, altered, repaired or maintained
except as provided for in this article until a permit for such has been issued and the fee
paid, except as otherwise provided for in this article.
2. Applications.
All applications for permits shall include a drawing to scale of the proposed sign
and all existing signs maintained on the premises and visible from the right-of=way, a
drawing of the lot plan or building facade indicating the proposed location of the sign, and
specifications.
3. Fee Required.
Every applicant, before being granted a permit hereunder, shall pay the City of
The Colony the applicable fee herein defined.
0. Same Amount Generally.
Fees for a permit to erect, alter, replace or relocate a sign shall be twenty
($20.00) for each sign.
5. Same Repair Permit.
It shall be unlawful for any person to repair or make alterations to any sign
requiring a permit without first obtaining a repair permit and making apyment of the
required. Fees for a permit to repair shall be ten ($10.00) dollars.
6. Same Late Fee.
When a sign is erected, placed or maintained, or work started thereon before
obtaining a sign permit, there shall be a late fee equal to twice the amount of the sign
permit fee. The late fee does not excuse full compliance with the provisions of this
article.
Page -5-
7. Electrical Permit.
Prior to issuance of a sign permit for a sign in which electrical wiring and
connections are to be used, an electrical permit must be obtained according to the
existing fee schedule. The electrical inspector shall examine the plans and specifications
submitted with the application to insure compliance with the Electrical Code of the City.
No sign shall be erected in violation of the Electrical Code.
Section 6-2/~. BUSINESS DISTRICTS.
I. Detached Signs - General.
Detached signs must be monument-type signs and are permitted in business zoning
districts as provided in this article~ except that retail shopping centers of six (6) or more
acres in area may have one (l) g-panel identification sign thirty (30) feet in height and
two hundred (200) square feet in total area when approved by the City Council.
2. Same - Premises Only.
Detached signs must be premises signs only; off-premises signs are prohibited.
3. Same - Number of Signs.
Only one detached sign of any type may be erected on any premises, except that
premises which have more than four hundred fifty (#50) feet of frontage along the public
way~ other than an alley~ may not have more than one (1) additional detached sign for
each additional four hundred fifty (#50) feet of frontage or fraction thereof.
q. Same - Setbacks.
Detached signs shall be no closer than ten (10) feet to any property line or
easement line.
5. Same - Specifications.
Both single tenant and multitenant monument signs shall be allowed as follows:
a. Single tenant monument signs are limited to a maximum of one hundred (100)
square feet in area and must be no greater than ten (10) feet in height
measured from ground elevation to the top of the sign. Site plan approval
required. Council may require a smaller sign as condition of site plan
approval.
b. Multitenant monument signs are limited to a maximum of one hundred fifty
(130) square feet in area and must be no greater than ten (10) feet in height
measured from ground elevation to top of sign. No single tenant shall occupy
more than thirty-six (36) square feet of sign area on a multitenant sign. Site
plan approval required. Council may require a smaller sign as condition of site
plan approval.
6. Attached Signs -General.
Attached signs are permitted in business areas in accordance with the provisions
of this article.
7. Same - Premises Signs.
All attached signs must be premises signs.
I1. Same - Projection from Building Surface - General.
All attached signs and their words shall be mounted parallel to the building
surface to which they are attached~ and shall project no more than eighteen (lg) inches
from the surface except as otherwise provided in this section.
Page -6-
in muir]tenant centers~ individual tenants are allowed one shingle sign~
perpendicular to the street~ which identifies the name of the business only~ such sign not
to exceed ten (10) square feet in area. There must be a minimum clearance of six (6)
feet~ eight (8) inches between the bottom of the sign and the nearest grade of sidewalk.
These signs wi]] only be allowed as part of a total shopping center sign program and must
be consistent with other tenants' signs.
9. Same - Area.
The total effective area of attached signs shah not exceed the following schedule:
a. An attached sign located at a height up to thirty-six (36) feet or less~ the
sign area is limited to 100 square feet per street exposure.
b. An attached sign located at a height of thirty-six (36) feet shall be permitted
an increase in maximum effective area. Such increases shall not exceed four
(#) square feet in effective area for each additional one foot of height above
thirty-six (36) feet measured from the base of the sign.
c. Attached signs may be located on each facade; however~ the sum of the
effective area of ali attached signs shall not exceed twice the allowable
effective area as specified in above paragraphs (a) and (b).
d. Maximum letter/logo height of attached signs shah be determined by the
following schedule, the sign height being measured from the base of the sign
to the ground:
Sign Height Maximum Letter/Logo Height
Between 0-36 feet 16 inches
Between 37-#$ feet 36 inches
Between #9-100 feet #8 inches
Between 101-150 feet 60 inches
Between 151 & up 72 inches
(1) Letter heights in excess of 72 inches shall be approved by the City
Council.
(2) Additionally, the above table represents the maximum letter and/or logo
height in each individual sign height category. ~Vhere the sign is totally
composed of individually mounted letters, either one (I) letter or logo
may be twenty five percent (25%) taller than the specified maximum
letter/logo height.
e. Weather proof backing is required for all attached wall signs. V~ood backing
is prohibited.
f. Single logo letter or designs~ as approved by the Building Official~ may be
twelve (12) feet in height on structures exceeding one hundred (100) feet
above grade level.
g. There shall be only one (1) sign for each facade for each tenant.
Section 6-25. PROVISIONS FOR NON-BUSINESS ZONING DISTRICTS.
1. Application of Division.
The provisions of this article apply to all signs in any non-business district,
and also to signs which are within twenty-five (25) feet of a non-business district
boundary.
Page -7-
2. Illuminated Signs.
No sign shall be illuminated to an intensity to cause glare or brightness to a
degree that could constitute a hazard or nuisance, as determined by the Building Official.
3. Special Purpose and Premises Signs.
An occupant in non-business zoning districts may erect only special purpose signs,
special purpose political signs, and premises signs which include movement control signs
and protective signs. Temporary holiday decorations are permitted.
~. Detached Signs - Multifamily Premises.
Multifamily premises may have detached signs subject to the following restrictions:
a. Number of Signs: Each premises may have no more than one detached
premises sign provided~ however, that premises with more than seven hundred
fifty (750) feet of frontage along a public way, other than an alley, may not
have more than one additional detached sign for each five hundred (500) feet
of additional frontage or fraction thereof. Each premises may display not
more than one detached special purpose sign. Premises signs must be
monument signs.
b. Setback~ effective area, and height: A minimum setback of ten (t0) feet is
required of all detached signs. No detached signs shall exceed one hundred
(100) square feet in effective area and ten (10) feet in height.
5. Same - Single Family or Duplex Residential Premises.
Single-family or duplex residential premises may display one detached sign which
must refer to the sale or lease of the premises~ and may display detached special purpose
and political signs provided that detached special purpose and political signs must
conform to all the restrictions set forth in this Ordinance.
6. Attached Signs - Multifamily Premises.
Attached signs are permitted for multifamily premises, subject to the following
restrictions:
a. All attached signs must be premises signs.
b. All signs erected pursuant to this section shall be limited to one (1) per
premises.
c. All signs and their words shall be mounted parallel to the building surface to
which they are attached. No signs or words shall project more than eighteen
(18) inches from the surface to which they are attached. Signs shall not be
mounted on roofs and shall not project above roofs. No sign shall exceed two
hundred (200) square feet in area.
7. Same - Single Family or Duplex Premises.
A single-family or duplex residential premises may display only one attached sign
which must refer to the sale or lease of the premises. This sign must conform to all
restrictions set forth in this Section and shall not exceed twelve (12) square feet in area.
g. Same - Public Uses, Institutional Uses, Schools and Churches.
a. The total permanent sign area allowed, including wall signs, freestanding wall
signs and freestanding signs is seventy-five (75) square feet.
b. One-half (½) of the freestanding sign area may be a change panel sign.
c. If freestanding, the sign may not exceed ten (10) feet in height above ground
level, and be a monument sign only.
d. Traffic directional signs are allowed, not to exceed four (#) square feet in
area nor six (6) feet in height above ground level.
e. Street address signs are allowed not to exceed four (#) square feet in area
and if freestanding, may not exceed five (5) feet in height above ground level.
Page -8-
Section 6-26. NON-CONFORMANCE & EXCEPTIONS.
I. Purpose.
Every sign or other advertising structure in existence upon adoption of this article
which violates or does not conform to the provisions hereof shall not be moved, altered or
repaired unless it is made to comply with all the provisions of this article. For the
purposes of this section, alteration or repair shall mean at least fifty (50%) percent of the
replacement cost of the subject sign. The Building Official shall determine whether the
proposed alteration or repair exceeds fifty (50%) percent of the replacement cost.
2. Condemnation - Notice.
Signs adjudged by the Building Official to be structurally unsafe or to be more
than fifty percent (50%) destroyed or dilapidated may be condemned. A condemnation
letter will be sent to the owner of the property stating that the sign must be demolished
within fifteen (15) days of the receipt of the letter. If the sign is not removed within the
period allotted, the City may remove the sign at the property owne&s expense.
3. Same - Nuisances.
All of the following signs shall be considered a public nuisance and the City may,
without notice, remove and impound any of the following signs:
a. Any sign erected or existing that constitutes a traffic hazard.
b. Any sign erected without a permit, either prior to or after the adoption of
this article, if a permit was required.
c. Any sign created in violation of the provisions of this article.
d. Any sign erected in or over a public right-of-way, either prior to or after the
adoption of this article.
e. Any sign not specifically listed as approved in this Ordinance.
t~. Same - Repair or Renovation of Non-conforming Signs.
No non-conforming sign shall be repaired or moved except to bring the sign into
compliance with the provisions of this article.
~. Same - Damaged Non-conforming Signs.
Non-conforming signs which are damaged in excess of fifty (30%) percent of its
current value must be demolished and not repaired unless such proposed repairs would
bring the sign into compliance with the provisions of this article.
6. Impounded Signs - Recovery.
Impounded signs may be recovered by the owner within fifteen (15) days of the
date of impoundment by paying a fee as follows:
a. A fee of five ($5.00) dollars for signs which are twelve (12) square feet or
less in area.
b. A fee of ten dollars ($10.00) for signs which are larger than twelve (12)
square feet in area, plus any cost incurred by the City to remove the sign.
7. Same - Disposal.
Signs not recovered within fifteen (15) days of impoundment may be disposed of
by the City of The Colony in any manner it shall elect.
g. Generally.
The following signs may be erected and maintained under the exceptions and
conditions listed:
Page -9-
a. Personal Property Sale and Political Signs.
Permission is granted as a special priviledge for dwelling occupants for the
erection of non-illuminated personal property sale signs and special purpose
political signs to be erected in the required front yard of a dwelling no closer
than fifteen (15) feet to any street curb line provided that only one such sign
not exceeding three (3) square feet and three (3) feet in height may be
erected on the dwelling premises. Garage and yard sale signs may be placed
in private yards fifteen (15) feet from back of curb with permission from the
property owner. Signs shall not exceed three (3) square feet in area or two
(2) feet in height. No permit is required.
b. Temporary Real Estate Directional Signs.
Off-premises directional signs shall be allowed in City right-of-ways except
for centerline medians from noon Friday until noon Monday and all day
~Vednesday for property located within the City of The Colony. Maximum
allowed size will be six (6) square feet in area and four (4) feet in height. No
permit is required.
c. Real Estate Signs.
Permission is granted to property owners for the erection of a sign to
advertise the sale~ lease or rent of the property on which the sign is located.
Real estate signs must be spaced at least fifty (50) feet apart along a lot of
frontage and there may be no more than four such signs per lot, the total
effective area of which may not exceed sixty (60) square feet for
non-residential signs~ and six (6) square feet each for residential signs.
Maximum height shall be ten (10) feet for undeveloped property and six (6)
feet for developed property. Such signs shall be removed as soon as the
property to which they refer has been sold or seventy-five (75%) percent
rented or leased or for a period of eighteen (lg) months from the date of the
first certificate of occupancy or a sign permit is required, whichever occurs
first. A permit will be required for all undeveloped property and all
commercial property.
d. Temporary Construction Signs/Development Signs.
Permission is granted to developers to erect temporary construction signs
designed to identify contractors, £inanciers~ architects~ engineers, and to
advertise the coming of new businesses on the premises the sign pertains to.
Such signs shall not be erected prior to the issuance of the Building Permit
for the project the sign pertains to~ and must be removed prior to the
issuance of a Certificate of Occ_.pancy. Such signs shall comply with the
provisions of this article with the exception that no sign shall contain more
than one hundred (100) square feet in effective area. In the case of
residential development, such signs shall be allowed until seventy-five (75)
percent of the residential lots have been sold or eighteen (18) months after
the issuance of the first certificate of occupancy in any one platted
subdivision.
e. Temporary Promotional Banners.
A business shall be allowed to place one (I) banner not exceeding 4' x 10~ in
size on each face of the building or portion thereof occupied by that business.
This exception shall be limited to four (4) times per calendar year with a
maximum of fourteen (14) days each. Pennant flags may accompany banner
use as long as no hazardous condition is created. A permit will be required
at a cost of ten dollars ($10.00).
Model Home Signs.
A sign advertising model homes may be erected at the location of the homes
to be used as models. Only one (1) sign not exceeding thirty (30) feet in
height and one hundred sixty (160) square feet in area shall be allowed for a
group of models. Permits will be required.
Page -10-
Grand Opening Signs.
Any non-residential occupancy may display one (1) banner or one (1) marquee
type sign announcing a grand opening of a new business. Such sign is limited
to a maximum of thirty (30) days. The privilege to display such sign begins
fifteen (15) days prior to and ends thirty (30) days after opening. Grand
opening signs only apply to new ownership. Permit will be required; however,
no fee will be charged."
Section 2. Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof~ shah be fined in a sum not
to exceed two hundred ($200.00) dollars for each offense and a separate offense shah be
deemed committed upon each day during or on which a violation occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause~ phrase or word in
this Ordinance or application thereto any person or circumstance 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 ha.e passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section t~. The fact that the present Ordinances and regulations of the City o£
The Colony, Texas~ are inadequate to properly safeguard the health, safety, morals~ peace~
and general welfare of the inhabitants of the City of The Colony~ Texas~ creates an
emergency for the immediate preservation of public business~ property, health, sa£ety~ and
general welfare of the public which requires that this Ordinance shall become effective
from and after the date of its passage and it is accordingly so ordained.
yo~/uarr y Iff~-~m p I e'~
ATTEST:
Patti Jones, Cit~Secretary
APPROVED AS TO FORM:
City Attorney
City of The Colony~ Texas
Page -i 1-