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HomeMy WebLinkAboutOrdinance No. 951 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. c~v.'~'-/ AN ORDINANCE OF TItE CITY COUNCIL OF TIlE CITY OF THE COLONY, TEXAS, AMENDING ARTICLE II, SIGNS, OF CItAPTER 6, BUILDINGS; CONSTRUCTION AND RELATED ACTIVITIES OF TIlE CODE OF ORDINANCES; PROVIDING FOR A PENALTY, SEVERABILITY AND SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF THE COLONY, TEXAS: Section 1. That Article II, Signs, of Chapter 6, Buildings; Construction and Related Activities, of the Code of Ordinances of the City of The Colony, is hereby repealed in its entirety. Section 2. That Article II, Signs, of Chapter 6, Buildings; Construction and Related Activities, of the Code of Ordinances of the City of The Colony shall read in its entirety as follows: Sec. 6-20. Administration. The provisions of this article shall be administered and enforced by the building inspection department. (Ord. No. 375, § 1, 10-14-85) Sec. 6-21. Definitions. For the purposes 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 the shelter, support, or enclosure of persons, animals or chattels. (2) Sign Area (Effective Area): The area enclosed by drawing a rectangle around the outermost extremities of the sign or its letter, insignias, logos, etc. exclusive of its support. The effective area for attached signs shall mean the sun~ of the areas of the rectangles enclosing each word attached to any facade. The effective area for a monumem or pylon sign shall be per face. (3) Facade: Any separate face of a building, including parapet walls 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 forty-five (45) degrees of one another, they are to be considered as a part of a single facade. 1 (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 or abstract records of the city. Multi-tenant locations shall be considered as one lot or tract. (5) Sign: Any device, flag, light, figure, picture, letter, word, message, symbol, plaque, poster, banner, pennant, balloon, streamer or similar device visible from outside the premises and designed to inform or attract the attention of persons not on that premise. (6) Sign, attached: Any sign attached to, appliedon, or supported by, anypartofabuilding(such as a wall, roof, window, canopy, awning, arcade, or marquee) located on premises. *Editor's note--Ord. No. 375, 5 1, adopted October 14, 1985, repealed 55 6-20--6-45 and 6-50--6-62 in their entirety and enacted similar provisions as 55 6-20--6-26. Former 55 6-20--6-45 and 6-50--6-62 derived from Ord. No. 178, adopted October 19, 1981, and Ord. No. 186, 5 1, adopted December 7, 1981. Cross reference(s)--Zoning regulations, App. A, 5 15. (7) Sign, detached: Any on-premises sign not attached to any part of a building, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation. (8) Sign, marque: A sign; either attached or a detached monument sign, designed to allow advertising or wording to be changed on periodic intervals. (8) Sign, monument: A free-standing sign characterized by construction of stone, concrete, metal or brick, etc. set on a monument, ground mounted base. (9) Sign, movement control: A sign which directs vehicular or pedestrian movement within or on the premises. (10) Sign, off-premises: Any sign which is not an on-premises sign. (11) Sign, on-premises: Any sign located on-premises to which location, facility or place of business the sign refers to. (12) Sign, Pylon: A free standing sign cabinet mounted on two vertical pole supports. (13) Sign, political: A non-illuminated freestanding sign which refers only to an issue or candidate involved in a political election. (14) Sign, portable: A sign affixed to a standardized advertising structure that can be regularly moved from location to location at periodic intervals and which is not classified as a monument sign or pylon sign as defined in this article. Prohibited, except as permitted in Section 6-26 (4). (15) 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." 2 (16) Sign, special purpose: A temporary fi~eestanding on-premise sign that advertises an activity or event. (17) Sign, vehicular: Any sign on or in a moving vehicle or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs or lettering on company vehicles that advertises only the company name, address and phone number. (18) Sign support: The mechanism, device or structure which holds and secures a sign, providing that said mechanism, device or structure is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. (19) Zoning district, non-residential: 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. Planned Development Districts are also included in this list, unless specifically excluded by its provisions. (20) Zoning district, residential: Any zoning district not designated as a non-residential district in accordance with the above definition. (21) Sign, ehange panel: A sign face that is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of an on-premises single tenant detached monument sign. Change panel signs are allowed for movie theaters, or as otherwise specified in this Article. (22) Sign, Speeial event: Any self-supporting sign specifically announcing one special event sponsored by schools, churches and organizations of public interest. (23) Sign, Speeial event direetional: Any self-supported sign of the event for movement control supplemental to special event signs. (Ord. No. 375, § 1, 10-14-85; Ord. No. 427, § 1, 7-7-86; Ord. No. 579, § 1, 2-20-89; Ord. No. 632, § 1, 2-26-90) Sec. 6~22. Provisions for all zoning districts. The following provisions shall apply to 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, philanthropic, or municipal events. (2) Public uses, institutional uses, schools and churches: 3 a. Monument Signs 1. Maximum Effective Sign Area: Seventy-five (75) square feet, except the following: a. High School - one hundred (100) square feet. b. Churches - one hundred (100) square feet provided they have a minimum of two hundred (200) linear feet of street frontage on a minimum four-lane thoroughfare. 2. Change Panel Sign: Seventy-five (75) percent of monument sign may be a change panel sign or electronic message board. 3. Maximum Height: Ten (10) feet above ground level b. Wall Sign 1. Maximum Height: Eighty (80) percent of the height of the wall or ten (10) feet, whichever is greater. 2. Maximum Letter/ Logo Height: Twenty-four (24) inches, or if sign is totally composed of individually mounted letters, either one letter or logo may be twenty-five (25) percent taller than the specified maximum letter or logo height. c. Address Signs: 1. Maximum Effective Sign Area: Seventeen (17) square feet. 2. Maximum Letter Height: Twelve (12) inches d. Traffic directional signs are allowed under the following provisions: 1. Maximum Effective Sign Area: Five (5) square feet 2. Maximum Height: Six (6) feet above ground level e. One (1) Pylon sign is allowed under the following provisions: 1. High Schools and churches which have a minimum of three (300) linear feet of street frontage on a minimum four-line thoroughfare. 4 2. Maximum Height: Twenty (20) feet. 3. Maximum Effective Sign Area: One hundred (100) square feet. 4. Change Panel Sign: Seventy-five (75) percent of the sign may be change panel or electronic message board. 5. Setbacks: Fifteen (15) feet from property line or easement lines. 6. Ground Clearance: Eight and one half(8-1/2) feet from the bottom of the sign cabinet to the ground or sidewalk elevation, or ten (10) feet from street or parking lot elevation. (3) 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 are specifically prohibited. (4) Building code: No sign shall be erected in violation of the building code of the city. (5) Construction signs: Temporary construction signs are allowed when complying with the requirements of this article. (Reference Section 6-26 (3)d) (6) Signs on sidewalk, street, etc: No person, unless authorized by the city, 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 or street. (7) Signs over right-of-way: Signs over rights-of-way are prohibited, except as noted herein. (Reference Section 6-26 (4)) (8) Imitation of traffic and emergency signs: No person shall erect or maintain any sign using any combination of forms, words, colors or lights which imitate standard public traffic regulatory, emergency signs or signals. (9) Special purpose signs--General: Non-illuminated special purpose signs may be erected in residential districts on occupied lots only, provided such signs comply with all other applicable requirements of this article. (Reference Section 6-25 (3)) (10) Political signs. Non-illuminated political signs may be erected in the required front yard of occupied lots only, provided such signs comply with all other applicable requirements of this article. (Reference Section 6-26 (3)a.2) (11) Movement control signs: Movement control signs, either attached or detached, may be erected at any occupancy or any premises, other than a single-family or duplex premises. Said sign(s) may be erected without limit as to number; provided that such signs shall not contain advertising and shall comply with the following provisions: a. Maximum Effective Sign Area: Six (6) square feet b. Maximum Height: Four (4) feet c. Maximum Letter Height: Four (4) inches (12) Prohibited Signs: Billboards, search lights, roof signs and vehicular signs where the apparent purpose is to supplement permanent signage; "V" signs, portable and marque signs; except as permitted in Section 6-26 (4); signs containing graffiti, obscene, indecent or immoral words, pictures, descriptions or other matter. (13) Protective signs: May be erected by occupant in accordance with the following provisions: a. Maximum Effective Sign Area: One (1) square feet b. Maximum Height: Two (2) feet for detached signs c. Maximum Letter Height: Four (4) inches d. Maximum Number: Two (2) (14) Vehicular signs: Signs placed on or affixed to vehicles and or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right- of-way where the apparent purpose is to advertise a product of direct people to a business or activity located on the same or nearby property shall be prohibited. However, signs on vehicles are allowed on construction trailers that have temporary permits, on construction sites and signs on transport vehicles being loaded or unloaded, and service vehicles parked at the owner's business or user's place of residence or location where service is being provided as long as the sign is incidental to the primary use of the vehicle or trailer, as determined by the Building Official. (15) Moving signs: No sign shall be allowed which moves by any means. (16) Sign on tree, pole, etc.: No person shall attach or maintain any sign upon any tree or public utility pole or structure. (17) Sign on fence, wall, etc.: No person shall paint a sign or attach a sign, other than a nameplate, or protective sign to the outside of a fence, railing or a wall which is not a structural part of a building. (18) 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 the words refer exclusively to products or services dispensed by the device and project no more than one inch from the surface of the device. (19) Gasoline signs: Gasoline price-per-gallon or credit card signs may only be mounted on pump islands or incorporated into the site monument sign. a. Maximum Effective Sign Area: Four (4) square feet at the pump island or eight (8) square feet on the monument sign. (20) Balloons: Balloons or inflatable devices shall be restricted to promotional uses in nonresidential districts for a maximum of fourteen (14) days in any twelve (12) month period. Size, height and location shall be approved by the building official. Permit is required. (21) Minimum Spacing for Monument and Pylon Signs: a. Monument Signs: Ten (10) feet or less in height - 30 feet between signs Between 11 -- 20 feet in height - 40 feet between signs b. Pylon Signs: Between 11 -- 20 feet in height - 40 feet between signs Between 20 -- 40 feet in height - 300 feet between signs (Ord. No. 375, § 1, 10-14-85; Ord. No. 427, § 1, 7-7-86; Ord. No. 632, § 1, 2-26-90) Sec. 6-23. Permit procedures and fees. The following permit procedures and fees shall be applicable: (1) Permit required: Signs shall not be erected, constructed, relocated or altered until a permit for such has been issued and the fee paid, except as provided for in this article. (2) Applications: Applications for permits shall include a drawing of the site plan or building facade, drawn to scale, indicating the proposed location of the sign and specifications and the location of all existing on-premises signs visible from the right-of-way (3) Fee--Required: Every applicant, before being granted a permit to erect, alter, replace or relocate a sign, shall pay the City of The Colony the applicable fee herein defined. a. Amount Generally: Permit to erect, alter, replace or relocate as sign shall be twenty dollars ($20.00) for each sign. b. Normal Maintenance or Minor Repair Permit: Sign permit required for minor repair of sign, however, no fee will be assessed, unless determined by the Building Official to be an erection, alteration or relocation of a sign. c. Late Fee: When a sign is erected, placed or maintained, or work started thereon before obtaining a sign permit, a late fee equal to twice the amount of the sign permit fee shall be assessed. The late fee does not excuse full compliance with the provisions of this a~ticle. (4) Electrical permit: Prior to the issuance of a sign permit for which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. (Ord. No. 375, § 1, 10-14-85) See. 6-24. Provisions for Non-Residential Districts. (1) Detached signs--General: Signs shall be on-premises monument signs, except as provided in item (2) of this section. a. Maximum Number: One (1) detached sign for every four hundred and fifty (450) feet of frontage along a public right-of-way. b. Setbacks: Ten (10) feet from any property line or easement line. c. Specifications - Single-tenant and multi-tenant monument signs: 1. Single-tenant monument signs: a. Maximum Effective Sign Area: One Hundred (100) square feet b. Maximum Height: Ten (10) feet, measured from ground elevation to the top of sign cabinet 2. Multi-tenant monument signs: a. Maximum Effective SignArea: One hundred and fifty (150) square feet, 8 except no single tenant shall occupy more than thirty-six (36) square feet of the allowed sign b. Maximum Height: Twenty (20) feet, measured from ground elevation to the top of the sign cabinet. (2) Detached, Pylon signs: Multi-tenant pylon signs or multi-business identification pylon signs shall be permitted, provided that the sign is located along the frontage of the State Highway 121 and that the lot(s) have frontage along the State Highway 121 Corridor as described below: BegL, ming at the west right-of-way line of the Burlington Northern Railroad; on both the north and south side of SH. 121, then proceeding west, to the west city limit line of the City of the Colony. a. Number of Signs: One (1) multi-tenant pylon sign on sites containing six (6) or more acres of land or one (1) pylon sign for a minimum of two (2) contiguous lots containing a minimum of three (3) acres for the purpose of identifying business establishments. b. Maximum Height: Forty (40) feet. e. Maximum Effective Sign Area: Multi-tenant sign - Five hundred (500) square feet (per side ifa double faced sign) Multiple contiguous lots - Two hundred and fifty (250) square feet (per side ifa double faced sign) d. Support Material: Two (2) vertical supports to be located at the outer extremities of the sign face, single pole signs are prohibited. The vertical support (poles) shall be of an approved metallic or non-wooden substance. e. Minimum Sethaeks: Ten (10) feet from any property line or easement line. f. Minimum Ground Clearance: Eight and one-half (8.5) feet from the bottom of the sign cabinet to the to the ground or sidewalk elevation, or ten (10) feet from street or parking lot elevation. (3) Attached signs-General: Permitted in accordance with the following provisions: a. Surface Projection: 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 (18) inches from the surface except as otherwise provided below. 9 b. Maximum Effective Sign Area: ~ Maximum Effective Sign Area 0-36 feet One hundred (100) square feet, plus one (1) additional square foot of sign area for each lineal foot over 100 feet of lease space wall or single tenant building wall. 36 feet and above Four (4) square feet for each additional one (1) foot of height above thirty-six (36) feet measured from the base of the sign Note: Attached signs may be located on each facade; however, the sum of the effective area of all attached signs shall not exceed twice the allowable effective area as specified in above. c. Maximum letter/logo height: Shall be determined by the following schedule, and is based on the sign height being measured from the base of the sign to the ground: Maximum Letter/Logo Height ~ (inches) Between 0--36 feet 36 Between 37--48 feet 48 Between 49-- 100 feet 60 Between 100 feet and up 72 Note: Where the sign is totally composed of individually mounted letters, either one letter or logo may be twenty-five (25) percent taller than the specified maximum letter/logo height. d. Sign Material: Weatherproof backing is required for all attached wall signs. Wood backing is prohibited. e. 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. f. Number of Signs: One (1) sign for each facade for each tenant. (4) Flags: Companies shall be allowed to display a company flag in compliance with provisions set out in Section 6-22(1). (5) Shingle Sign: In multi-tenant centers, individual tenants are allowed one shingle sign mounted perpendicular to the face of the building which identifies the name of the business 10 only. These signs will only be allowed as part of a total shopping center sign program and must be consistent with other tenants signs and in accordance with the following provisions: a. Maximum Effective Sign Area: Ten (10) square feet. c. Height: Six (6) feet and eight (8) inches, from the bottom of the sign to the top of sidewalk. (6) Changeable Messages on Sign Faces, Attached-Detached: Changeable messages on sign faces shall be permitted, subject to the following requirements: 1. Electronic message sign faces. Electronic message sign faces may be placed on a wall or monument sign in non-residential districts provided: a. The message conveyed by the sign face shall not blink, flash or be designed to be deemed a distraction to passing motorists. b. The message conveyed cannot change mom than one time within any fifteen (15) second time frame. c. All messages conveyed by an electronic message sign face shall be limited to a maximum of thirty-two (32) characters visible at any one time. d. All electronic message sign faces shall not exceed seventy-five (75) percent of the maximum effective sign area as permitted in this Article. 2. Change panel sign faces. May be placed on single tenant detached monument signs in non-residential districts provided: a. A change panel sign face mounted on a monument sign shall not exceed seventy-five (75) percent of the maximum effective sign area as permitted in this Article, which ever is less. b. Change panel sign faces shall be governed by the height regulations specified under the provisions for the type of sign on which the change panel sign face in placed. c. Change panel faces shall be in an professionally made enclosed and locked case. Note: Occupants may use an electronic message board or change panel sign provided that the sign face is mounted perpendicular to street to which the site is addressed on. (Ord. No. 375, § 1, 10-14-85; Ord. No. 427, § I, 7-7-86) See. 6-25. Provisions for Residential Zoning Districts. 11 (1) Application of division: The provisions of this article apply to all signs in any residential district, and also to signs which are within twenty-five (25) feet of a residential zoning district boundary. (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 on-premises signs: Occupants in residential zoning districts may only erect special purpose signs, political signs, and premises signs (movement control signs and protective signs). Temporary holiday decorations are permitted. (4) Detached signs: Allowed subject to the following provisions: a. Multi-Family: 1. Number of Signs: One (1) monument sign per every six hundred and fifty (650) feet of street frontage along a public right-of-way. One (1) detached special purpose sign per premises 2. Minimum Setback: Ten (10) feet from any property line or easement line. 3. Maximum Effective Sign Area: One hundred (100) square feet. 4. Maximum Height: Ten (10) feet b. Single-family, Duplex or Townhome: 1. Number of Signs: One (1) sale or lease sign per premises, and special purpose and political signs in accordance with Section 6-26 (3)a. (5) Attached signs. Allowed subjected to the following provisions: a. Multi-family premises. 1. Number of Signs: One (I) per premises 2. Maximum Effective Sign Area: Two hundred (200) square feet 3. Surface Projection: All signs and their words shall be mounted parallel to the building surface and shall not project more than eighteen (I 8) inches from the surface to which they are attached. Note: No sign shall be mounted on roofs and shall not project above roofs. 12 b. Single-family, duplex or townhome pr~mises.' 1. Number of Signs: One (1), referring to the sale or lease of the premises 2. Maximum Effective Sign Area: Twelve (12) square feet. (Ord. No. 375, § 1, 10-14-85) Sec. 6-26. Non-conformance; exceptions. 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) per cent of the replacement cost. (1) Maintenance a. All signs and all components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair. Change panel sign faces, including removable character(s) or panels, shall be kept in a state of good condition. Incomplete or missing portions of removable character(s) or panels shall either be replaced or removed upon written notice of the Building Official within ten (10) days of such notification. (2) Condemnation--Notice: Signs adjudged by the Building Official to be structurally unsafe or to be more than fifty (50) per cent 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 owner's expense. a. Nuisances: The following signs shall be considered a public nuisance and the city may, without notice, remove and impound any of the following signs: 1. Any sign erected or existing that constitutes a traffic hazard. 2. Any sign erected without a permit, either prior to or after the adoption of this article, if a permit was required. 3. Any sign created in violation of the provisions of this article. 4. Any sign erected in or over a public right-of-way, either prior to or after the adoption of this article. 13 5. Any sign not specifically listed as approved in this article. b. Repair or Renovation of Nonconforming Sign: No nonconforming sign shall be repaired or moved except to bring the sign into compliance with the provisions of this article. c. Damaged Nonconforming Signs: Nonconforming signs which are damaged in excess of fifty (50) per cent of their replacement cost must be demolished and not repaired unless such proposed repairs would bring the sign into compliance with the provisions of this article. d. Impounded Signs-- Recovery: Impounded signs may be recovered by the owner within five (5) days of the date of impoundment by paying a fee as follows: 1. Fifty (50) dollars for signs larger than twelve (12) square feet in area, plus any cost incurred by the city to remove the sign. e. Disposal: Signs not recovered within five (5) days of impoundment may be disposed of by the City of The Colony in any manner it shall elect. (3) Generally: The following signs may be erected and maintained under the exceptions and conditions listed: a. Personal property sale and political signs: 1. Personal property signs-Residential zoning districts. Occupants may display one personal property sale sign in the required front yard. One off-premises personal property sale sign may be displayed in the required front yard of a dwelling with permission from the property owner. a. Maximum Effective Sign Area: Three (3) square feet b. Sign Height: Three (3) feet 2. Political signs: Non-illuminated special purpose political signs may be erected in the required front yard of occupied lots only, provided such signs comply with the following provisions: a. A political candidate shall not display said signs until the candidate or person sponsoring an issue or his authorized representative has filed a written statement with the building inspection department guaranteeing the removal of all signs erected on behalf of the candidate or person sponsoring an issue. 14 b. All signs shall be removed within two (2) days from the date of the election. c. Maximum Effective Sign Area: Three (3) square feet, with no one side exceeding two (2) feet in length or width d. Sign Height: Three (3) feet. Note: In no case shall signs be displayed between the sidewalk and the street curb. e. Special permission is granted on election day only, to erect special purpose political signs in city rights-of-way, excluding centerline medians, to within one hundred (100) feet (pursuant to the Texas Election Code) of the designated polling places, as outlined below: Carney Elementary School (city elections only). North along the west side of Blair Oaks Road from one hundred (100) feet of the polling place to the intersection of S. Colony Boulevard, and then west along the south right-of-way orS. Colony Boulevard to Alta Oaks Lane; and east along S. Colony Boulevard to include the Historical Park. South along both sides of Blair Oaks Road from one hundred (100) feet of the polling place to the crossing of Office Creek. West along the north side of Arbor Glen Road from one hundred (100) feet of the polling place to the Texas Utilities Electric Easement. Peters Colony Elementary School (city elections only). East along the north side of Nash Drive from one hundred (100) feet of the polling place to the intersection of Miller Drive and east along the south side of Nash Drive from its intersection with the alley bordering the west side of the Texas Utilities Easement to the intersection of Miller Drive. West along the north side of Nash Drive from one hundred (100) feet of the polling place to the intersection of John Yates Drive, then north along the east side of John Yates Drive to the intersection of N. Colony Boulevard. Denton County Government Center (city and county elections). Along both sides of the entrance from one hundred (100) feet of the polling place to F.M. 423. First Baptist Church (county elections only). Northbound along the east side of Branch Hollow Drive from one hundred (100) feet of the polling place to the intersection of S. Colony Boulevard, and then eastbound along the south side of S. Colony Boulevard to the eastern most property line of the First Baptist Church. Fire Station No. 2 (county elections only). Along the north side of N. Colony Boulevard eastbound from one hundred (100) feet of the polling place to the intersection with Taylor Drive. 15 The Colony Public Library (county elections only). Along both sides of the entrance from one hundred (100) feet of the polling place. Along thc south side of N. Colony Boulevard westbound from the entrance to the driveway of Griffin Middle School at 5100 N. Colony Boulevard and eastbound from the entrance to the driveway to thc Police Department. Fire Station No. 1 (county elections only). Along the cast side of Blair Oaks Road from one hundred (100) feet of thc polling place, northbound, including the Historical Park, then eastbound along the south side of S. Colony Boulevard to the intersection of the western alley of Avery Lane. Along the west side of Blair Oaks Road from the intersection of Avery Lane northbound to the intersection of S. Colony Boulevard. Along the south side of S. Colony Boulevard westbound to the intersection of Alta Oaks Drive. Signs shall be removed within twenty-four (24) hours of the date to the election. b. Temporary real estate directional signs: Off-premises directional signs shall be allowed in city rights-of-way except for center line medians from noon Friday until noon Monday for property located within the City of The Colony. No permit is required. 1. Maximum Effective Sign Area: Six (6) square feet 2. Maximum Height: Four (4) feet c. Real estate signs: Property owners may erect an on-premises sign to advertise the sale, lease or rent of the property along the frontage of the property subject to the following provisions. A permit will be required for all undeveloped property and all commercial property. 1. Maximum Effective Sign Area: Residential - Six (6) square feet Non Residential - Sixty (60) square feet 2. Maximum Height: Undeveloped property - Ten (10) feet Developed property - Six (6) feet 3. Maximum Number of Signs: Four (4), spaced at a minimum of fifty (50) feet apart 4. Display Limitations: Residential (single lot) - as soon as property is sold d. Temporary construction signs/development signs: Developers may erect temporary on-premises construction signs designed to identify contractors, financiers, architects, engineers, and to advertise the coming of new businesses. Signs shall not be erected prior to the issuance of the building permit for the project. 16 1. Maximum Effective Sign Area: One hundred (100) square feet 2. Display Limitations: Residential- removed upon issuance of last certificate of occupancy for the project. Commercial - removed upon issuance of a certificate of occupancy. e. Temporary promotional banners: A business may place a banner in accordance with the following provisions. Pennant flags may accompany banner use as long as no hazardous condition is created. 1. Maximum Effective Sign Area: Forty (40) square feet 2. Number of Banners: One (1) per each face of building 3. Display Limitations: Twelve (12) time per calendar year, with a maximum of seven (7) consecutive days each or six (6) times per calendar year with a maximum of fourteen (14) consecutive days. 4. Fee: Single Event - Twenty (20) dollars. Annual - One hundred and eighty (180) dollars. f. Model home signs: A sign advertising model homes may be erected at the location of the homes to be used as models. Permits will be required. 1. Maximum Effective Sign Area: One hundred and sixty (160) feet per group of models 2. Maximum Height: Thirty (30) feet g. Grand opening signs: Any non-residential occupancy may display one banner sign announcing a grand opening of a new business. Grand opening signs only apply to new ownership. Permit will be required; however, no fee will be charged. 1. Display Limitations: Forty-five (45) days h. Off-Premise Signs: Offpremise signs shall be permitted for identification of residential areas, but not including specific subdivision names; and recreational establishments subject to the following provisions: 1. Only one (1) monument sign for the purpose of providing directional information or 17 identification of a residential area shall be permitted on either public or private property and only on the primary thoroughfare providing access to the subject area. 2. Maximum Height: Five (5) feet, unless otherwise approved by the Planning and Zoning Commission and City Council 3. Maximum Effective Sign Area: Fifty (50) square feet, unless otherwise approved by the Planning and Zoning Commission and City Council. 4. Setbacks: Twenty (20) feet from the public street right-of-way or median opening. 5. An approved unity agreement between affected property owner(s) shall be required. 6. The proposed monument sign shall incorporate the City of The Colony logo with the logo being the prominent feature on the sign. 7. The sign shall be constructed of masonry, using earth tone colors with a cast stone cap. The design and color of the monument sign shall be uniform with all other monument signs permitted with this subsection. Requires approval by the Planning and Zoning Commission and City Council. (4) Special event signs-display in public rights-of-way: This exception shall be limited to civic, philanthropic and non-profit organizations to four (4) times per calendar year with a maximum of fourteen (14) consecutive days each. Signs; either portable marque signs, portable signs, "V" signs or other approved signs shall be located as determined by the city's traffic administrator or his representative, be constructed of weatherproof materials, and shall be professional in appearance. a. Display Limitations: Special event signs: No more than five (5), twelve (12) square foot signs per event. Special event directional signs: No more than ten (I 0), four (4) square foot signs on the day of the event. Note: Signs shall not be displayed in centerline medians of any street or public driveway. Portable Marque Signs Maximum Effective Sign Area: Fifty (50) square feet. 18 Maximum Number: One (1). Said sign shall be located on-site and securely anchored to the ground. No flashing or lighted directional arrows shall be allowed. Duration: Twice (2) per calendar year for a maximum of fourteen (14) consecutive days. b. Permit: No sign shall be displayed until permit for such has been issued. An application for such permit shall be submitted to the inspections department and shall include a written statement guaranteeing the removal of all signs following the event. No fee is required. (Ord. No. 375, § 1, 10-14-85; Ord. No. 521, § 1, 2-1-88; Ord. No. 524, § 1, 2-15-88; Ord. No. 579, § 2, 2-20-89; Ord. No. 632, § 1, 2-26-90; Ord. No. 633, § 1, 3-5-90) Sees. 6-27--6-69. Reserved. Section 3. Penalty Clause Any person violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. Severability Clause If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of the ordinance shall remain in full force and effect. Section 5. Savings Clause That Chapter 6, Buildings; Construction and Related Activities, of the Code of Ordinances of the City of The Colony as amended shall remain in full force and effect. 19 Section 6. That this ordinance shall become effective immediately fi.om and after its passage and approval, and it is so ordained.. PASSED AND APPROVED this 16th day of December, 1996. ~Willi-arn w.-~a~n~n~, Mayor ~ City of The Colony ~ Patti A. Hicks, TRMC City Secretary APPR0~S TO FORM: te Etzkert, City Attorney 20