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HomeMy WebLinkAboutOrdinance No. 178 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING REGULATIONS FOR SIGNS ERECTED WITHIN THE CITY; DEFINING NONCONFORMING SIGNS; PROVIDING DEFINITIONS; PROVIDING FOR THE GRANTING OF VARIANCES; PROVIDING FOR FEES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.100 Purpose It is declared that the regulation of signs within the City of The Colony is necessary and in the public interest (a) to protect property values within the City of The Colony; (b) to preserve the beauty and the unique character of the City of The Colony; (c) to protect the general public from damage and injury which may be caused by the faulty and uncontrolled construction of signs within the City of The Colony; (d) to protect pedestrians and motorists of the City of The Colony from damage or injury caused, or partially attributable to the distractions and o~tructions which are hereby declared to be caused by improperly situated signs; (e) to promote the public safety, we]fare, convenience and enjoyment of travel and the free flow of traffic within the City of The Colony. SECTION 1.101 Intent Al1 requirements for signs in this ordinance are for city officials in determining whether the sign(s) shall be permitted. Specifically, freestanding wall signs will be encouraged along with appropriate landscaping around freestanding signs that lessens the harshness of the street scape. Additionally, freestanding signs which incorporate the architectural theme of the buildings are encouraged. SECTION 1.102 Re~]uirement of Conformity It shall be illegal for a sign to be placed or maintained in the City of The Colony except as provided in this ordinance. A. Ali signs maintained contrary to the provisions of this ordinance are declared to be nuisances, and such nuisances may be abated as provided by Iaw. 1. B. Any person, firm or corporation violating any provisions of this ordinance or failing to comply with any order or regulations made hereunder shall be guilty of a misdemeanor. SECTION 1.103 Nonconforming Signs A. Any nonconforming sign as defined in this ordinance may be continued in use for a period of four (4) years from the effective date of this ordinance, at which time it shall be removed. B. Reasonable repairs and alterations may be made to nonconforming signs. However, in the event any such sign is hereafter damaged exceeding fifty (50%) percent of the reproduction value, or is removed by any means whatsoever, including an act of God, such sign may be restored, reconstructed, altered or repaired only to conform with the provisions of this ordinance. SECTION 1.104 Penalties for Violations Any person, firm or corporation whether as principal, owner, agent, tenant, employee or otherwise, violating or failing to comply with any order or regulation made hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one dollar ($1.00) per day and not more than two hundred dollars ($200.00). Such firm, person or corporation shall be deemed guilty of a separate offense for each and every day during which any such violation or failure to comply with this ordinance is committed, continued or permitted. SECTION 1.105 Revocation of Permits The Building Inspector shall have the authority to revoke any permit which has been granted when he has determined that the sign authorized by the permit has been constructed or is being maintained in violation of the permit. A. Notice of the Building Inspector's decision to revoke a sign permit shall be served upon the holder of the permit (a) by delivering personally a copy of the notice to the holder of the permit, or to one of its officers, or (b) by leaving a copy of the notice with any person in charge of the premises, or (c) in the event that no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of another copy of the notice to the last known pe~t office address of the holder of the permit. B. The holder of the permit may appeal the decision of the Building Inspector to revoke the permit to the Board of Adjustment. This appeal must be made within fifteen (15) days from the date when the notice was served. C. If no appeal has been taken by the end of the fifteen (15) day appeal period, then the permit is revoked and the sign is illegal. The Building Inspector then shall initiate the procedure for the removal of the illegal sign. SECTION 1.106 Removal of Signs The Building Inspector is hereby authorized to require removal of any illegal sign as defined by this ordinance. A. Before bringing an action to require removal of any illegal sign, the Building Inspector shall give written notice to the owner of the sign or the owner of the premises on which such sign is located. The notice shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign with reasonable definiteness, and the violations charged. Such notice shall specify what repairs, if any, will make such an installation conform to the requirements of this ordinance, and specify that the sign must be removed or made to conform with the provisions of this ordinance within the notice period provided below. Service of notice may be made personally on the owner, or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address. 1. Notice Period a) The notice period for permanent signs shah be ten (10) days. b) The notice period for temporary signs shah be five (5) days. 2. Re-erection of any sign or substantially similar sign on the same premises after a notice has been issued shah be deemed a continuance of the original violation. B. If the owner or lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Building Inspector that his sign has been removed or brought into compliance with the provisions of this ordinance by the end of the notice period, then the Building Inspector shall certify the violations to the City Attorney for prosecution. C. Removal 1. The Building Inspector is authorized to cause the removal of any sign adjudged to be illegal by a court of competent jurisdiction if the court so orders. All the actual cost and expense of any such removal by the Building Inspector shall be borne by the owner of such sign installation and the owner of the premises on which located; each of them shall be jointly and severally liable therefor, and an action for recovery thereof may be brought by the City Attorney upon proper certification thereof to him by the Building Inspector. 2. The Building Inspector or his representative is authorized to seize any illegal temporary sign which is maintained or re-erected after the expiration of the notice period, where the owner or lessee of the premises has been issued a notice at least once before for the same violation involving the same or a similar sign. SECTION 1.107 Emergency Removal or Repair A. The Building Inspector is hereby authorized to cause the immediate removal or repair of any sign or signs found to be unsafe or defective to the extent that it creates an immediate and emergency hazard to persons or property. B. Notice: If the Building Inspector has determined that an immediate emergency hazard to persons or property exists, then actual notice to the property owner or lessee shall not be required. The Building Inspector shall make a reasonable effort to notify the property owner or lessee that the unsafe or defective sign must be removed or repaired immediately. SECTION 1.108 Liability for Damages The provisions of this ordinance shall not be construed to relieve or to limit in any way the responsibility or liability of any person, firm or corporation which erects or owns any sign, for personal injury or property damage caused by the sign, nor shall the provisions of this ordinance be construed to impose upon the City of The Colony, its officers, or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this ordinance. SECTION 1.109 Effect of Amendment on Pending Suits The amendment of this ordinance shall not (1) affect suits pending or rights existing immediately prior to the effective date of this ordinance, or (2) impair or void or affect any grant or conveyance made or right acquired or cause of action now existing under any such amended ordinance or amendment thereto, or (3) affect or impair the validity of any bond or other obligation issued or sold in constituting a valid obligation of the issuing authority immediately prior to the effective date of this ordinance. SECTION 1.200 Definitions For purposes of this ordinance, the following definitions shall apply: Abandoned Sign: A sign is presumed to have been abandoned when it is located on property which becomes vacant and unoccupied for a period of three (3) or more months. Area of Sign: For freestanding letters or cutout letters used as a sign is ninety (90%) percent of the area enclosed within the smallest regular geometric figure needed to encompass completely all letters, insignias or symbols of the sign, including horizontal spacings between letters, insignias or symbols, except as otherwise provided herein. For signs other than freestanding letters, words, insignias or symbols, the area is the total area of the facing or the total area within the outer edge of any existing border of the sign. If sign is double faced, specified square footage is calculated on one side of sign. In "V" shaped signs the sign is considered two sides if at more than a 60 degree angle. In every event, computation of allowable sign area includes all existing signs on the premises, whether such signs be conforming or nonconforming under the terms of this ordinance. Arterial (Street): Those lengths of street indicated on the City of The Colony Right-of-Way Standards Map to be an ultimate width of one hundred ten (110) feet. Building Front Footage: The maximum width of a building measured on a straight line parallel to the street. In the event that a building fronts on two (2) or more streets, the property owner shall be given the option of selecting one (1) street frontage for the purpose of computing allowable sign area. Building Master Identification Signs: Signs which identify the name of a multiple-tenant commercial building (center). Business Front Footage: The lineal distance of the building space occupied by a particular business measured on a straight Line parallel to the street. In the event that a building fronts on two (2) or more streets, the property owner shall be given the option of selecting one (1) street frontage for the purpose of computing allowable sign area. When a business does net parallel a street, the front footage shall be measured along the exterior of the building space occupied by the particular business. Change Panel Sign: A sign designed to permit an immediate change of copy which may be other than the name of the business. Directory Signs: Signs used to guide pedestrians to individual businesses within a multiple- tenant commercial building or apartment. Entry Way Signs: A freestanding sign used to identify the entrance to a facility. Farm or Ranch: An area of three (3) acres or more which is used for growing of usual farm products--vegetables, fruits, trees and grain; for the raising thereon of the usual farm poultry and farm livestock including but not limited to pigs, chickens, turkeys, cows, sheep, goats and horses; and/or for a private stable, pen, barn, shed or silo for raising, treating and storing products raised on the premises but not including any type of agriculture or husbandry specifically prohibited by ordinance or law, and not including a dwelling unit. Fascia: A parapet-type wall used as part of the fascia of a flat-roofed building, and projecting not more than six (6) feet from the building face immediately adjacent thereto. Freestanding Wall Sign: A sign consisting of individual letters on a wall, and which is integrated architecturally with the building. Freestanding Sign: A sign which provides its own support and is generally perpendicular to the street. Grand Opening: The introduction, promotion, announcement of a new business, store, shopping center, office or the announcement, introduction, or promotion of an established business changing ownership. Ground Level: The finished grade of existing sidewalk or where there is no sidewalk 6" above street grade. Illegal Sign: Includes any sign except the following: 1. A sign allowed by this ordinance and not requiring a permit. 2. A sign allowed by the ordinance with permit and carrying a valid permit. 3. A sign not allowed by this ordinance but which has been legalized by variance and proper permit. 4. A sign allowed appurtenant to a change in the principal use granted by a use permit as long us the proper permit is in force. 5. A nonconforming sign as defined in this ordinance. Internal Lighting: A source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible. Internal-Indirect Lighting: A source of illumination entirely within the sign (generally a freestanding letter) which makes the sign visible at night by means of lighting the background upon which the freestanding character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of illumination shall not be visible. Indirect Lighting: A source of external illumination located a distance away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any normal position of view. Maintenance: The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of said copy. Monument Si~n: A freestanding sign limited in height to six (6) feet and with no apparent pole or support. Multiple-Tenant Commercial Building: A commercial development in which there exist a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-occupant commercial use of a single structure. Name Plate Signs for Single Family Residence: A sign to identify the home by showing the name of the family or the home. Nonconforming Sign: Any sign which is not allowed under this ordinance but which, when first constructed, was legally allowed by the City of The Colony or the political subdivision then having the control and regulation over construction of signs. Off-Premise Si~n: A structure which bears a sign which is not appurtenant to the use of the property where the sign is located, or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located ms a purveyor of the merchandise or services advertised based upon the sign. Outdoor Type Business: Is a business all or most of whose business is conducted or items displayed in an open area, subject to the regulations of the City of The Colony Zoning Ordinance. Para~)et Wall: A wail extending above the plate line of a building. Permanent Sign: Any sign which is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground or wall of a building, provided the sign is listed as a permanent sign in the ordinance. Plate Line: The point at which any part of the main roof structure first touches or bears upon an external wall. Roof Line: The highest point of the main roof structure or highest point on a parapet but shall not include cupolas, pylons, projections or minor raised portions of the roof. Shingle Sign: A sign used to identify a business whose front is under a roof overhang, covered walkway or covered porch. Sign: Any device for visual communication which is used or intended to attract the attention of the public, when the display of this device is visible beyond the boundaries of the property upon which the display is made. The term "sign" shall include any flag or badge or insignia of any government or governmental agency or of any civic, charitable, religious, patriotic or fraternal organization; but shall not include the display of merchandise in a merchant's window. Temporary Sign: Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall or building, intended to be displayed for a short period of time only. Traffic Directional Sign: A sign designed and located solely for the purpose of relieving congestion and promoting the safe flow of traffic. Wall Sign: A sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. Window Sign: A temporary sign placed behind a glass surface in a commercial establishment. 10. SECTION 1.300 Requirements and Procedures A. Requirement of Permit A sign permit shall be required before the erection, re-erection, construction, alteration, placing, maintaining or locating of any sign in the City of The Colony. A separate permit shall be required for any change to an existing sign, except as permitted herein. A permit shall not be required for the following signs, provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance: 1. Name Plate Signs. 2. Any sign of four (4) square feet or less in area, excluding standard residential real estate signs, which may be a maximum of six (6) square feet or less in area when advertising for an individual residence, and not otherwise prohibited by this ordinance. 3.Repainting without changing wording, composition, or colors; or minor non-structural repairs, (except electrical repair). 4.Relocation of sign as required by the City. 5.Signs erected during the Christmas holidays as identification of temporary sales areas for Christmas trees and other holiday oriented items; such signs shall not be erected before Thanksgiving Day and shall be removed prior to New Year's Day. 6. Political signs, as permitted in Section 1.500 of this ordinance. 7. Signs not visible from a point off the property or business. 8. Window Signs. Nothing contained herein shall prevent the erection, construction, and maintenance of official traffic, fire and police signs, signals, devices and marking of the State of Texas and the City of The Colony, or other competent public authorities, or the posting of notices required by law. 11. B. Permit Application and Expiration To obtain a permit the applicant shall file with theBullding Inspector of the City of The Colony, anapplication on a form furnished by the City. C. Permit Fees Before issuing any sign permit required by this ordinance, the Building Inspector shall collect a fee for all signs, said fee to be established from time to time by Resolution of the City Council The permit fee shall be waived if such sign is included in the overall building plans for a new or remodeled building and these are approved by the City. This permit fee shall be the only fee charged for signs. No separate building or electrical permit fees shall be charged. Where work for which a permit is required by the ordinance is begun before a permit has been obtained, the fee specified shall be doubled, but the payment of such double fee shall not relieve any persons from complying fully with the requirements of this ordinance in the execution of the work or from any penaities prescribed herein. D. Re~]uirement of Plans A copy of plans and specifications may be required to be submitted if a description with sufficient clarity cannot be shown as to the extent of the work on the sign application. Such plans shall show complete details about the size of the sign, the method of attachment or support, locations and materials to be used. Plans for supports for any sign subject to excessive stresses as determined by the Building Inspector shall be accompanied by structural computation. Sufficient data shall be submitted to show that supporting surfaces and other members of an existing building to which the sign is to be attached are in good condition and are adequately strong to support the load, including the propesed sign; any other such information as the Building Inspector may require to show full compliance with this ordinance and all other laws and ordinances of the City and State. 12. E. Construction Requirements 1. Building Code All signs shall be structurally designed and constructed in conformance with the Building Code of the City with all supports for such signs placed in or upon private property. 2. Lighting Signs may be illuminated or non-illuminated. Illumination may be either by indirect, internal, or internal indirect, and shall be so installed to avoid any glare or reflection into any adjacent property, or onto a street or alley to create a traffic hazard. Electrical service lines to illuminated signs must be underground to the base of the wall or sign support. F. Prohibited Lighting and Movement 1. Lighting No exposed neon or similar tube type of illumination, including open light bulbs, shall be permitted. Further, no flashing, blinking, or rotating lights shall be permitted for either permanent or temporary signs. 2. Action Si~s No sign shall be permitted which moves by any means. G. Required Signs Every building or ~roup of buildings m~st be identified by a street number. This sign shall not be computed ~s part of the total sign area permitted. H. Location Requirements 1. Obstruction of Exits or Traffic No sign shall obstruct any door, window or fire escape of any building. 2. No sign, permanent or temporary, shall be erected in such a way to interfere with or to confuse traffic, to present any traffic hazard, or to obstruct the vision of motorists. 3.Signs on Vehicles No person shall operate or park any vehicle on any street nor shall any owner suffer or permit any vehicle belonging to him to be parked for the primary purpose of advertising. 13. 4. No sign except a traffic directional or other official sign, may be erected or maintained in the public right-of-way. I. Inspections Unless waived by the Building Inspector, all signs shall be subject to the following inspections: 1. Footing inspection on all freestanding signs. 2. Electrical inspection on all illuminated signs. 3. An inspection of braces, anchors, supports and connections and wall signs. 4. Site inspection to insure that sign has been constructed according to approved application and valid sign permit. J. Maintenance Each sign shall be maintained in good order and repair at all times so that it constitute no danger or hazard to public safety. SECTION 1.400 Signs Allowed A. Agricultural 1.A farm or ranch is allowed one (1) name plate sign at each entrance not to exceed eight (8) square feet. 2.If freestanding, the sign may not exceed six (6) feet in height. B. Residential 1. Single Family Residence a) A single family residence is allowed a name plate sign not to exceed two (2) square feet in size. If freestanding, the sign may not exceed five (5) feet in height above ground level. b) A single family residence is allowed a street address sign not to exceed one (1) square foot in size. If freestanding the sign may not exceed five (5) feet in height above ground level. c) Two (2) miscellaneous signs per residence are allowed (e.g., Beware of Dog, Keep Off Grass) not to exceed one (1) square foot in size. If freestanding, the sign may not exceed five (5) feet in height above ground level. 14. B. 2. Multi-Family a) The total permanent sign area for a building complex master identification sign, wal] or freestanding, is one (1) square foot for each dwel]ing unit. However, in no instance may this total sign area exceed 128 square feet with no more than 64 square feet on any one street. b) Individual dwelling units are allowed a street or apartment number not to exceed one (1) square foot in size and which must be a wall sign. c) Directory signs may be placed within the pedestrian, parking and driveway areas of the development. The signs may not exceed five (5) square feet in area nor five (5) feet in height above floor level. The number and location of said signs to be submitted on final building plans. d) Traffic and directional on premise signs not to exceed four (4) square feet in area are al]owed, but may not exceed five (5) feet in height above ground level. 3. Residential Subdivisions Residential subdivisions are al]owed residential entry way signs at each main entrance, each such sign not to exceed 32 square feet in area nor ten (10) feet in height above ground level. C. Public Uses~ Institutional Uses~ Schools and Churches 1. The total permanent sign area al]owed, including wall signs, freestanding wall signs and freestanding signs is seventy- five (75) square feet. 2. One-half of the freestanding sign area may be a change panel sign. 3.If freestanding, the sign may not exceed ten (10) feet in height above ground level, and be a monument sign only. 4.Traffic directional signs are allowed, not to exceed four (4) square feet in area nor six (6) feet in height above ground level. 15. 5. Street address signs are allowed not to exceed four (4) square feet in area and if freestanding, may not exceed five (5) feet in height above ground level. D. Commercial 1. Hotels~ Motels and Inns a) A building master identification sign is allowed with a maximum area of 125 square feet per street exposure. If a wall sign, it shall not extend above the roof line. If freestanding, it may not exceed fifteen (15) feet in height above ground level. b) An entry way sign is allowed at each major entrance, but shall not exceed twelve (12) square feet in area nor six (6) feet in height above ground level and shall not interfere with or confuse traffic, or present any traffic hazard. c) Freestanding change panel signs are allowed as part of the total building master identification signage area, but shall not exceed thirty-two (32) square feet in area nor twenty-five (25) feet in height. d) Traffic and Directional on premises signs are allowed, but shah not exceed four (4) square feet each in area nor six (6) feet in height above ground level. 2. Shopping Center General Retail~ Neighborhood Servicer Office i & 2 a) A building (center) master identification sign is allowed with a maximum area of 125 square feet per street exposure. If a wall sign, it shall not extend above the roof line. If freestanding, it may not exceed fifteen (15) feet in height above ground level. b) Directory signs are allowed within pedestrian areas of the development, but shall not exceed ten (10) square feet in area nor five (5) feet in height above ground level. The number and location may be authorized and approved by the Building Inspector. 16. c) Individual tenants leasing 7,499 square feet or less within a center are allowed wall signs or freestanding wall signs not to exceed one and one-half (1.5) square feet per business front foot on each street exposure. Major tenants leasing ,500 square feet or more are allowed wall signs or freestanding wall signs not to exceed three (3) square feet per business front foot on each street exposure. Signs shall be consistent with other tenants' signs within the center, however, individual logos will be allowed as part of the total sign area. Such signs shall not extend above the roof line. d) 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 6'8" between the bottom of the sign and the nearest grade of sidewalk. These signs will only be allowed as part of a total shopping center sign program and must be consistent with other tenants' signs. e) Traffic and directional signs are allowed, but shall not exceed four (4) square feet each nor six (6) feet in height above ground level. 3. Indoor Theatres a) Each indoor theatre is allowed a change panel sign affixed to the building or marquee. This total sign shall not exceed forty (40) square feet or ten (10) square feet per movie screen, whichever is greater, and shall not extend above the roof line. 4. Drive In Theatres a) A freestanding change panel sign is allowed as part of the building identification sign but shall not exceed 100 square feet and shall be a monument sign only. b) Traffic and directional on-premise signs are allowed but shall not exceed four (4) square feet in area nor six (6) feet in height above ground level. 17. 5. Service Stations a) A building (business) identification sign is allowed and shall not exceed thirty-two (32) square feet in area. Only one-half of such permitted urea may be in a freestanding sign. Stations fronting on a major state or federal highway shall be allowed a sign area of sixty-four (64) square feet. Such sign shall be a monument sign only. b) One change panel type sign per street exposure shall be allowed to display the current price(s) of fuel. These sign(s) may not exceed three (3) feet in height nor two (2) feet in width, and must be placed in the vicinity of the pump~. c) Wall signs incidental to the business ure allowed, with a total sign area not to exceed sixteen (16) square feet, and with only one wall sign per frontage. 6. Unspecified Uses a) Total sign urea, including wall signs, freestanding wall signs and monument signs, shall not exceed seventy-five (75%) percent of total street frontage with a maximum of thirty- two (32) square feet. Wall signs shall not exceed ten (10) feet in height above ground level. b) Directory signs shall be allowed, not to exceed five (5) square feet in area nor five (5) feet in height above ground level. c) Traffic and directional on-premises signs ure allowed but shall not exceed four (4) square feet in area nor five (5) feet in height above ground level. E. Industrial 1. A building (business) identification wall sign is allowed, with a maximum area of sixty-four (64) square feet, but which shall not extend above the roof line. Freestanding signs will be allowed, but shall not exceed ten (10) feet in height above ground level. 18. 2. Traffic and directional on-premises signs are allowed but shall not exceed four (4) square feet in area, nor six (6) feet in height above ground level. 3. Industrial subdivision entry way signs shall be allowed at each major entrance, but shall not exceed sixty-four (64) square feet in area nor ten (10) feet in height above ground level. F. Planned Development Sign control shall be the same as the majority use or specifically approved in the Planned Development Ordinance. SECTION 1.500 Temporary Signs Permits for temporary signs shall be issued by the Building Inspector only when the sign is specifically allowed by this ordinance. Temporary sign permits shall be issued only for the period of active use of the sign. Subdivision signs may be allowed until the last residence is sold. Temporary signs shall be permitted in all zones unless otherwise specified. A. Development Signs Development signs are temporary signs used to indicate or to identify a proposed future development upon real property. They are permitted in all residential districts and in all commercial and industrial districts. 1. One such shingle or double faced freestanding sign is allowed upon the parcel of property to be developed, unless such parcel is a corner lot, in which case two such signs will be allowed, but only one such sign per street front. 2. The area of each such sign shall not exceed sixteen (16) square feet for the first acre or portion thereof. When the lot or parcel of real property exceeds one acre in size, the combined area of the signs used may be increased three (3) square feet in area for each additional acre or portion thereof, up to a maximum of 150 square feet. 3. Such sign or signs shall be removed within ten (10) days after completion of the announced development. 4.This sign may be freestanding. 5. Construction and installation of development signs within the City shall require a sign permit from the City Building Inspector. 19. B. Subdivision Signs Subdivision signs are temporary signs erected and maintained in connection with the development of and located within a recorded residential subdivision for the sale of any houses or lots thereon. Permits for subdivision signs shall be issued for one year and extended only by the City Council. 1. Two (2) such signs not exceeding 150 square feet per sign are allowed. 2. The signs may be back-to-back or V-shaped in the case of a corner lot. 3. The signs may be freestanding and may not exceed thirty (30) feet in height. 4. The sign must be placed on the property being subdivided or developed and may not be closer than fifteen (15) feet to right-of- way. C. Contractor or Subcontractor Signs Contractor and subcontractor signs are temporary signs which designate the contractor or subcontractor engaged in the construction or repair of the building or buildings on each lot or parcel of property. 1. One (1) non-illuminated sign is allowed per contractor or subcontractor and may not exceed six (6) square feet in area and may be freestanding. 2. Each such sign shall be removed within ten (10) days after the function of the contractor or subcontractor on the property is completed. 3. All contractor or subcontractor signs may be consolidated on one (1) sign or incorporated within the development sign. The area of this consolidated sign is to be figured at six (6) square feet per contractor or subcontractor listed with a maximum area of thirty-six (36) square feet for six (6) or more contractors or subcontractors listed. 4. All contractors or subcontractors are allowed miscellaneous signs in or about construction compounds (e.g., safety, no trespassing, employment) and these signs are not to exceed four (4) square feet in each area. 20. D. Sale~ Lease and Rent Signs Sale, lease and rent signs are temporary signs which indicate that some premise or vacant lot is for sale, lease or rent. 1. There shall be a limit of one (1) such sign on each lot or parcel of land, except when it is a corner lot, in which case two (2) such signs may be used, one (1) such sign per street front. 2. The sign may be double-faced. 3. These signs shall be allowed as follows: a) Parcels containing two (2) acres or less are allowed a sign or signs not to exceed ten (10) square feet in area. b) Parcels containing two (2) acres or more are allowed a sign or signs in accordance with the following formula: When the lot or parcel exceeds two (2) acres in size the combined area of signs used may be increased three (3) square feet in area for each additional acre or portion thereof, up to a maximum of sixty-four (64) square feet. (e.g., 3 acres - 13 square feet; 5 acres - 19 square feet, etc.) 4. The signs used shall be removed within ten (10) days after the use they advertise is fulfilled, and the Building Inspector shall have authority to make such determination of completion of use. 5. This sign may be freestanding and may not exceed ten (10) feet in height above ground level. E. Subdivision or Condominium Direction Signs A subdivision or condominium direction sign is any temporary sign which is designed and erected for the purpose of directing the public to a recorded residential subdivision for the sale of homes or lots thereon. These signs may be placed on property other than that to which the public is directed. 1. The area of each sign shall be no more than thirty-two (32) square feet in residential areas or 150 square feet if fronting on a major state or federal highway or in commercial areas. 2. One (1) sign will be allowed every 2,500 linear feet per street and where there is a change of direction. 21. 3. No sign shall be within fifty (50) feet of any residential structure. 4. In residential areas no part of any such sign used shall be more than six (6) feet in height above the ground level, nor shall any such sign be cl(~er than fifteen (15) feet to the public right-of-way. In commercial areas no sign shall exceed twenty (20) feet in height above ground level. These signs may be freestanding. 5. The text contained upon such signs shall be limited to the name of developer, name of the subdivision, the direction to the subdivision, and the distance to the subdivision. 6. The signs used shall be removed within ten (10) days after the use they advertise is fulfilled, and the Building Inspector shall have the authority to make such determination of completion of use. F. Model Home Signs A model home sign is a temporary sign identifying a non-occupied new home used as a demonstrator constructed for the purpese of selling other homes. Each model home location on and within a recorded residential subdivision for the sale of homes or lots thereon, may have one (1) identification sign not to exceed 150 square feet in area. These signs may be freestanding and may not exceed thirty (30) feet in height. G. ODen House and Model Home Directional Signs An open-house and model home directional sign is a smaller temporary sign, usually put out on Friday and picked up on Monday, and which is used to direct traffic to a home for sale. 1. This sign shall have a maximum area of four (4) square feet, and may be freestanding. 2. This sign may be double faced. 3. There shall be a maximum of three (3) such signs for each house or group of homes placed within the subdivision, unless more are needed for change in direction. 4. No such sign shald be so placed as to create a traffic hazard. 22. H. "No TresDassing" Signs A "No Trespassing" sign shall be allowed in all zones. 1. This sign may have a maximum area of two (2) square feet, and it may be freestanding. 2. This sign shall not be placed in any right-of-way, and it shall not be placed to create a traffic hazard. 3. Such signs upon a parcel of land shah be located closer than 100 feet apart. I. Political Signs A political sign is a temporary sign supporting the candidacy for office or urging action on any other matter on the ballot of primary, general, and special elections. 1. The display of any such signs shah be limited to a period of thirty (30) days immediately preceding any primary, general or special elections to which they refer. 2. The total sign area permitted on any lot or parcel thereof cannot exceed six (6) square feet. These signs may be freestanding, with a five (5) foot maximum height limitation. y, The person, party or parties responsible for the erection or distribution of any such signs shall remove said signs within ten (10) days after the primary, general or special election to which they refer. 4. No sign shall be permitted on public property or public utility posts, and the Building Inspector is authorized and directed to remove any such sign placed thereon. J. Grand Opening Signs A grand opening sign is a temporary sign. These signs are allowed in all commercial and industrial zones. 1. Signs of this type may be allowed subject to the approval of the Building Inspector. 2. The sign or signs shah not be displayed more than thirty (30) days. 3. There shah be only one grand opening sign allowed per business. 23. K. Window Signs 1. Window signs are allowed. The area of such signs shall not be deducted from the total area of signs allowed. 2. Window signs must be placed behind a glass surface and not in unglazed openings. Window signs shall not contain internal lighting. 3. No permit shall be required for such signs. L. Miscellaneous Signs The following shall constitute miscellaneous signs: 1. Garage Sale Signs: The area of such signs shall not exceed four (4) square feet and shall be limited to two signs on property where garage sale is being held. Signs advertising these sales may only be placed for five (5) days for advertisement purposes. 2. Animal Signs: One sign offering animals for free or for sale or one sign concerning lost or found animals may be placed on the property where the animals are kept. The area of such signs shall not exceed four (4) square feet and the signs may only be placed for five (5) days. SECTION 1.600 Variances When in its judgment, the public convenience and welfare will be substantially served and neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing as required by the Comprehensive Zoning Ordinance of the City of The Colony, and subject to appropriate conditions and safeguards, permit such variance or modifications of the requirements hereof as may be necessary to permit a sign which is more appropriate to the property and area involved and is in the best interests of the City of The Colony. SECTION 1.700 Severability The provisions of this ordinance are severable, and if any portion of this ordinance shall be declared unconstitutional or invalid for any reason, such declaration shall not affect any of the remaining portions of this ordinance not so declared. 24. SECTION 2. Penalty Any person, firm or corporation 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 fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 3. Effective Date This ordinance shall become effective immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PA~ED by the City Council of the City of The Colony, Texas, on the day of ~r ./~ , 1981. APPROVED: A T T~jST'Y,~-~) CITY ATTORNEY 25.