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HomeMy WebLinkAboutOrdinance No. 04-1581 CITY OF THE COLONY, TEXAS ORDINANCE NO. Of... f ~131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 6 OF THE CITY'S CODE OF ORDINANCES BY REPEALING ARTICLE II, SECTIONS 6-20 THROUGH 6-29 IN ITS ENTIRETY AND REPLACING WITH A NEW ARTICLE II, SECTIONS 6-21 THROUGH 6-32, PROVIDING FOR SIGN REGULATIONS; PROVIDING FOR DEFINITIONS; PROVIDING REGULATIONS FOR GOVERNMENT, PUBLIC, INSTITUTIONAL USES, SCHOOLS, AND CHURCHES; PROVIDING FOR GENERAL PROVISIONS IN ALL ZONING DISTRICTS; PROVIDING FOR PERMIT PROCEDURES AND FEES; PROVIDING FOR PERMANENT SIGNS IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR TEMPORARY SIGNS IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR PERMANENT SIGNS IN NON-RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR TEMPORARY SIGNS IN NON-RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR VIOLATIONS IN OR ON PUBLIC PROPERTY; PROVIDING FOR NON-CONFIRMING IN ALL DISTRICTS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 6 of the Code of Ordinances regulates signage within the City; and WHEREAS, the City finds it necessary to amend such regulations in certain areas; and WHEREAS, the City Council hereby finds that the amendments provided herein are necessary and in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. The Code of Ordinances of the City of The Colony be, and the same is, hereby amended by repealing Article II, Sections 6-20 through 6-29 in its entirety and replacing with a new Article II, Sections 6-21 through 6-32, providing for sign regulations; providing for definitions; providing regulations for government, public, institutional uses, schools, and churches; providing for general provisions in all zoning districts; providing for permit procedures and fees; providing for permanent signs in residential zoning districts; providing for temporary signs in residential zoning districts; providing for permanent signs in non-residential zoning districts; providing for temporary signs in non-residential zoning districts; providing for Page 1 66850 violations in or on public property; providing for non-confirming in all districts; providing for appeals and variances; which shall read as follows: "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 ofthe sign or its letter, insignias, logos, etc. exclusive of its support. The effective area for attached signs shall mean the sum of the areas of the rectangles enclosing each word attached to any facade. The effective area for a monument 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. (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 premIses. (6) 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) located on premIses. (7) Sign, detached. Anyon-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, marquee. A sign; either attached or a detached monument sign, designed to allow advertising or wording to be changed on periodic intervals. (9) Sign, monument. A :free-standing sign characterized by construction of stone, concrete, metal or brick, etc. set on a monument, ground mounted base. Page 2 66850 (10) Sign, movement control. A sign which directs vehicular or pedestrian movement within or on the premises. (11) Sign, off-premises. Any sign which is not an on-premises sign. (12) Sign, on-premises. Any sign located on-premises to which location, facility or place of business the sign refers to. (13) Sign, pylon. A :freestanding sign cabinet mounted on two (2) vertical pole supports. (14) Sign, political. A non-illuminated :freestanding sign which refers only to an issue or candidate involved in a political election. (15) 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 sections 6-23(17) and 6-28(b)(1). (16) Sign, protective. Any sign which is commonly associated with safeguarding the permitted uses ofthe occupancy, including, but not limited to, "bad dog," "no trespassing," and "no solicitors." (17) Sign, special purpose. A temporary freestanding on-premises sign that advertises an activity or event. (18) 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. (19) 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 (1) inch in height, nor is internally or decoratively illuminated. (20) Zoning district, non-residential. Any zoning district designated by the Comprehensive Zoning Ordinance of the City of The Colony as 0-1, 0-2, NS, SC, GR, LC, HC, I, and BP. Planned development districts are also included in this list, unless specifically excluded by its provisions. (21) Zoning district, residential. Any zoning district not designated as a non-residential district in accordance with the above definition. (22) Sign, change 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 Page 3 66850 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. (23) Sign, special event. Any self-supporting sign specifically announcing one (1) special event sponsored by a civic, non-profit, or philanthropic and organization of public interest. (24) Sign, special event directional. Any self-supported sign of the event for movement control supplemental to special event signs. (25) Sign, banner. A temporary sign made of vinyl, canvas, light fabric, light-weight material, or corrugated plastic that is for advertisement or promotional purposes only in a non-residential district; displayed through either attaching to the building façade with which it is associated or hanging between two stakes. (26) Sign, inflatable. A temporary sign made of plastic, cloth, canvas, or other light material which holds its shape through a continuous supply of air that is for advertisement or promotional purposes only in a non-residential district; including but not limited to, product replica, hot-air balloon shaped, and tubular-shaped inflatable devices; displayed through either directly securing to the ground or the roof of the building with which it is associated. Sec. 6-22. Provisions for government, public, institutional uses, schools, and churches. The following provisions shall apply to all zoning districts where government, public, institutional uses, schools, and churches erect signs: (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. a. Monument signs. 1. Maximum effective sign area: Seventy-five (75) square feet, except the following: (i) High school: One hundred (100) square feet. (ii) Churches: One hundred (100) square feet provided they have a minimum oftwo 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. Page 4 66850 3. Maximum height: Ten (10') feet as measured :from grade. b. Wall sign. 1. Maximum height: Eighty (80) percent ofthe height ofthe 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 (1) 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 as measured :from grade. e. One (1) pylon sign is allowed under the following provisions: 1. High Schools and churches which have a minimum of three hundred (300') linear feet of street :frontage on a minimum four-line thoroughfare. 2. Maximum height: Twenty (20') feet. 3. Maximum effective sign area: One hundred (100) square feet. 4. Change panel sign: Seventy-five (75) percent ofthe 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. Sect. 6-23. General provisions for all zoning districts. (1) 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. (2) Building code. No sign shall be erected in violation of the building code ofthe city. (3) 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. (4) 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. Page 5 66850 (5) 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. (6) Prohibited signs. Billboards, search lights, roof signs and vehicular signs where the apparent purpose is to supplement permanent signage; "V" signs, portable and marquee signs; except as permitted in sections 6-22(17) and 6-27(b)(1); signs containing graffiti, obscene, indecent or immoral words, pictures, descriptions or other matter. (7) 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) per lot. (8) 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 or 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. (9) Sign on tree, pole, etc. No person shall attach or maintain any sign upon any tree or public utility pole or structure. (10) 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. (11) 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 (1) inch :from the surface of the device. Page 6 66850 (12) 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. (13) 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 - 200 feet between signs. b. Pylon signs: Between 1l -- 20 feet in height - 300 feet between signs. Between 20 -- 40 feet in height - 400 feet between signs. (14) Athletic signs. a. Athletic signs shall be restricted to the field side of score boards, fences and related buildings and structures of athletic fields. b. The height of an athletic sign shall not exceed the height of an existing fence or structure on which it is installed or constructed. c. Written application including a drawing of the site plan, building or fence, drawn to scale, indicating the proposed location ofthe sign and specifications shall be made to the director of parks and recreation. The Director of Parks and Recreation shall approve an application which complies with the requirements ofthis section. (15) Special event signs - Display in public rights-aI-way. A person may display, in the public Right of way, a special event sign for a civic, philanthropic, non-profit, or public purpose for a maximum of 14 calendar days per event. Signs: Either portable marquee signs, portable signs, "V" signs or other approved signs shall be located as determined by the city's traffic administrator or his representative. Such signs are subject to the following provisions: a. Display limitations. 1. Special event signs: No more than ten (10), twelve (12) square foot signs per event. 2. Special event directional signs: No more than ten (10), four (4) square foot signs on the day of the event. Signs shall not be displayed in medians of any street or the traveled portions of the roadway and sidewalk. 3. Portable marquee signs. a. Maximum effective sign area: Fifty (50) square feet. b. Maximum number: One (1) sign shall be located on-site and securely anchored to the ground. No flashing or lighted directional arrows shall be allowed. 4. Signage must be maintained and be constructed of weatherproof materials, shall be professional in appearance and kept in good condition. Page 7 66850 b. Permit 1. No sign shall be displayed until a permit has been issued. An application for such permit shall be submitted to the Building Inspections department and shall include a written statement guaranteeing the removal of all signs following the event. No fee is required for the permit. Sec. 6-24 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, dimensions, specifications, engineered foundation plans where applicable, and the location of all existing on-premises signs visible :from the right-of-way. The site plan shall include the property line, the Right of Way line, existing and proposed easements. (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. Fees charged for permits to erect, alter, replace, or relocate a sign shall be in accordance with a schedule of fees as approved by the city council and as amended :from time to time. 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 article. (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 and fees paid in accordance with the fee schedule. The person performing the work must be registered with the City of The Colony and the State of Texas as a master sign electrician. Page 8 66850 Sec. 6-25. Residential Zoning Districts -Permanent Signs. No permanent sign may be erected or maintained in a single or multi-family residential zoned district, except as provided in this section. (1) Multifamily monument signs. Multi family housing developments may erect detached monument signs subject to the following provisions: a. Maximum effective sign area: One hundred (100) square feet. b. Maximum height: Ten (10') feet as measured from grade. c. Minimum setback: Ten (10') feet :from any property line or easement line. d. Display limitations: One (1) monument sign per every six hundred fifty (650') feet of street :frontage along a public right-of-way. (2) Multifamily attached signs. Multi family housing developments are allowed attached signs subject to the following provisions: a. Number of signs: One (1) per premises. b. Maximum effective sign area: Two hundred (200) square feet. c. Surface protection: All signs and their words shall be mounted parallel to the building surface and shall not project more than eighteen (18") inches :from the surface to which they are attached. Note: No sign shall be mounted on roofs and shall not project above roofs. Sec. 6-26. Residential Zoning Districts -Temporary Signs. No temporary sign may be erected or maintained in a single or multi-family residential zoned district, except as provided in this section. (I) Personal property sale. Occupants may display two (2) non-illuminated personal property sale (Garage Sale) signs in the required :front yard. No limit on the number of signs in the public Right of way except that signs shall not be displayed in the medians and the traveled portions of the roadway and sidewalk. Display limitations: a. Maximum effective sign area: Three (3) square feet. b. Maximum height: Three (3') feet as measured :from grade c. Signs located in the public Right of way shall be displayed :from Friday 8:00 a.m. to Monday 8:00 a.m. Page 9 66850 Sec. 6-25. Residential Zoning Districts -Permanent Signs. No permanent sign may be erected or maintained in a single or multi-family residential zoned district, except as provided in this section. (1) Multi family monument signs. Multi family housing developments may erect detached monument signs subject to the following provisions: a. Maximum effective sign area: One hundred (100) square feet. b. Maximum height: Ten (10') feet as measured from grade. c. Minimum setback: Ten (10') feet from any property line or easement line. d. Display limitations: One (1) monument sign per every six hundred fifty (650') feet of street :frontage along a public right-of-way. (2) Multi family attached signs. Multi family housing developments are allowed attached signs subject to the following provisions: a. Number of signs: One (1) per premises. b. Maximum effective sign area: Two hundred (200) square feet. c. Surface protection: All signs and their words shall be mounted parallel to the building surface and shall not project more than eighteen (18") inches :from the surface to which they are attached. Note: No sign shall be mounted on roofs and shall not project above roofs. Sec. 6-26. Residential Zoning Districts -Temporary Signs. No temporary sign may be erected or maintained in a single or multi-family residential zoned district, except as provided in this section. (1) Personal property sale. Occupants may display two (2) non-illuminated personal property sale (Garage Sale) signs in the required :front yard. One (1) off- premises non-illuminated personal property sale sign may be displayed in the required front yard of a dwelling with permission ofthe property owner. No limit on the number of signs in the public Right of way except that signs shall not be displayed in the medians and the traveled portions of the roadway and sidewalk. Display limitations: a. Maximum effective sign area: Three (3) square feet. b. Maximum height: Three (3') feet as measured :from grade c. Signs located in the public Right of way shall be displayed :from Friday 8:00 a.m. to Monday 8:00 a.m. Page 9 66850 (2) Political signs. Two (2) non-illuminated political signs may be erected in the required front yard, of occupied lots only, provided such signs comply with the following prOVISIOns: a. Maximum effective sign area: Six (6) square feet. b. Maximum height: Three (3') feet as measured :from grade. c. Permission :from property owner is required. d. No limit on the number of signs in the public Right of way except that signs shall not be displayed in the medians and the traveled portions of the roadway and sidewalk. Signs in the public Right of way shall be displayed :from Friday 8:00 a.m. to Monday 8:00 a.m. (3) Real estate signs. Property owners may erect an on-premises sign to advertise the sale, lease or rent of the property in the required :front yard subject to the following prOVISIons: a. Maximum effective sign area: Six (6) square feet per face of sign. b. Maximum height: Three (3') feet, as measured :from grade. c. Maximum number of signs: Two (2) per lot. d. Display limitations: Must be removed after property is sold. (4) Open House Signs. Property owners may erect two (2) on premises signs to advertise an open house within the required front yard of the property subject to the following provisions: a. Maximum effective sign area: Six (6) square feet per face of sign. b. Maximum height: Three (3') feet, as measured :from grade. c. Maximum number of signs: Two (2) per open house. d. Display limitations: No limit on the number of signs in the public Right of way except that signs shall not be displayed in the medians and the traveled portions of the roadway and sidewalk. Signs in the public Right of way shall be displayed :from Friday 8:00 a.m. to Monday 8:00 a.m. e. Balloons: A maximum often (10) balloons are permitted to be attached per on-premises open house sign. (5) Temporary construction signs/development signs. Developers may erect temporary on-premises construction signs designed to identify contractors, financiers, architects, and engineers. Signs shall not be erected prior to the issuance of the building permit for the proj ect. a. Maximum effective sign area: Six (6) square feet. b. Maximum height: Three (3') feet as measured :from grade. c. Display limitations: Removed upon completion of work after final inspection. Page 1 0 66850 (6) 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. a. Maximum effective sign area: One hundred sixty (160) feet per builder. b. Maximum height: Twenty (20') feet as measured :from grade. c. Display limitations: Remove upon selling of model home. (7) Multi family special purpose signs. Multi family housing developments may erect detached special purpose signs for fourteen (14) calendar days per event subject to the following provisions: a. Special purpose signs: No more than ten (10), twelve (12) square foot signs per event. b. Special purpose directional signs: No more than ten (10), four (4) square foot signs on the day of the event. Signs shall not be displayed in medians of any street or the traveled portions of the roadway and sidewalk. c. Signage must be maintained and be constructed of weatherproof materials, shall be professional in appearance and kept in good condition. d. Permit required. Sec. 6-27. Non-Residential Zoning Districts -Permanent Signs. No permanent signs may be erected or maintained in a non-residential zoned district, except as provided in this section. (a) Detached signs--General. Signs shall be on-premises monument signs, except as provided in item (b) of this section. (1) Maximum number. One (1) detached sign for every four hundred fifty (450') feet of frontage along a public right-of-way. (2) Setbacks. Ten (10') feet :from any property line or easement line. (3) Specifications--Single-tenant and multi-tenant monument signs. a. Single-tenant monument signs: 1. Maximum effective sign area: One hundred (100) square feet. 2. Maximum height: Ten (10') feet, as measured :from grade. b. Multi-tenant monument signs: 1. Maximum effective sign area: One hundred fifty (150) square feet, except no single tenant shall occupy more than thirty-six (36) square feet of the allowed sign area. 2. Maximum height: Twenty (20') feet, measured :from grade to the top of the sign cabinet. 3. Maximum sign width: Ten (10') feet. Page 11 66850 (b) 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 defined in Section 1 OB-300 Appendix A "Zoning" in The Colony Code of Ordinances. (1) Number of signs. One (1) multi-tenant pylon sign on-sites containing six (6) or more acres ofland 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. (2) Maximum height. Forty (40') feet. (3) Maximum effective sign area. a. Multi-tenant sign--Five hundred (500) square feet (per side if a double faced sign). b. Multiple contiguous lots-- Two hundred fifty (250) square feet (per side if a double faced sign). (4) 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 material. (5) Minimum setbacks. Ten (10') feet :from any property line or easement line. (6) Minimum ground clearance. Eight and one-half(8.5') feet :from the bottom ofthe sign cabinet to the ground or sidewalk elevation, or ten (10') feet :from street or parking lot elevation. (c) Attached signs--General. Permitted in accordance with the following provisions: (1) 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. Page 12 66850 (2) Maximum effective sign area. TABLE INSET: Sign Height Maximum Letter/Logo Height 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. (3) 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: TABLE INSET: Sign Height 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 The maximum letter/logo height may be increased by 1 (one) inch for every 5 (five) feet of additional building setback in cases where the building setback is increased beyond the required setback. Note: Where the sign is totally composed of individually mounted letters, either one (1) letter or logo may be twenty-five (25) percent taller than the specified maximum letter/logo height. (4) Sign material. Weatherproof backing is required for all attached wall signs. Wood backing is prohibited. (5) Single logo letter or designs. 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. (6) Number of signs. One (1) sign for each facade for each tenant. (d) Flags. Companies shall be allowed to display a company flag in compliance with provisions set out in section 6-22(1). Page 13 66850 (e) Shingle sign. In multi-tenant centers, individual tenants are allowed one (1) shingle sign mounted perpendicular to the face ofthe building which identifies the name of the business 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: (1) Maximum effective sign area. Ten (10) square feet. (2) Height. Six (6') feet and eight (8") inches, :from the bottom of the sign to the grade of sidewalk. (f) 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 more than one (1) time within any fifteen-second time :frame. c. All messages conveyed by an electronic message sign face shall be limited to a maximum ofthirty-two (32) characters visible at anyone (1) 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 ofthe 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 a 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. Page 14 66850 (g) Off-premises monument subdivision development signs. No off premises development sign may be erected, except as follows: A person, with permission of a property owner, may place one (1) off premises sign for the sole purpose of identification of a residential subdivision or recreational establishments, subject to the following provisions: a. Maximum effective sign area: Fifty (50) square feet. b. Maximum height: Five (5') feet. c. Setbacks: Twenty (20') feet :from the public street right-of-way or median opening and ten (10') :from the property line. d. An approved lease or waiver agreement by the property owner(s) shall be required. e. The proposed sign shall incorporate the city logo with the logo being the prominent feature on the sign. f. 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. Sec. 6-28. Non-Residential Zoning Districts - Temporary Signs. No temporary detached signs may be erected or maintained in a non-residential zoned district, except as provided in this section. (a) Private Property. (1) Temporary promotional banners. An owner or occupant may place a banner in a non-residential district in accordance with the following provisions. Pennant flags may accompany banner or may be displayed independently as long as no hazardous condition is created and subject to the following display limitations: a. Maximum effective banner area: Eighty (80) square feet. b. Maximum height: Height of external wall elevation. c. Number of banners: One (1) per each face of building. d. Display limitations: Twelve (12) times 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. e. Fee: Fee collected per banner shall be established by Resolution ofthe City Council. f. A permit is required for each banner. (2) Inflatable signs. An owner or occupant may place an inflatable sign in a non- residential district in accordance with the following provisions: a. Maximum height: Thirty (30') feet. b. Number of inflatable signs: One (1) per platted lot. Page 15 66850 c. In the case of multiple businesses or tenants on a platted lot, each business is permitted to erect an inflatable device three (3) times per calendar year, for a maximum often (10) days each, provided that no more than one inflatable sign is located on the lot at any time and a minimum ofthirty (30) days elapses between the removal of a permitted inflatable sign by one business and the placement of another permitted inflatable sign by another business. d. Display limitations: Three (3) times per calendar year, with a maximum of (10) days each. e. Location: An inflatable sign shall not be located in the required parking area, driveways, fire lanes, or the public right of way. f. Fee: Fee collected per inflatable sign shall be established by Resolution of the City Council. g. A permit is required for inflatable signs. (3) Grand opening signs. Any person in a non-residential district may display one (1) banner sign announcing a grand opening of a new business. Grand opening signs only apply to new ownership. Permit is be required without a fee. a. Maximum effective sign area: Eighty (80) square feet. b. Maximum height: Height of external wall elevation. c. Display limitations: Sixty (60) days, which shall be in addition to other limitations provided in this Section. (4) Off Premises Temporary Signs on State Highway 121: A person may display one (1) off-premises sign in a non-residential district subject to the following restrictions: a. The signs shall be permitted as temporary signs and shall be valid for six (6) months effective :from the date of issue and may be extended for another six (6) month period upon application to the Sign Board of Appeal. b. If the person fails to comply within sixty (60) days after the expiration of the temporary permit, the City may proceed to remove and dispose ofthe sign. The City may recover the removal costs :from the property owner or the owner of the sign. c. The owner of the sign shall maintain and keep the signs in good condition at all times. d. The temporary sign shall not exceed 10' x 10' (100 square feet) and installed not to exceed fifteen (15') foot in height as measured :from grade. e. Setbacks: Twenty (20') feet :from the public street right-of-way or median openmg. f. An approved lease or waiver agreement between the property owner(s) and the owner of the sign. g. Maximum of one (1) off-premises sign per lot. h. Minimum spacing between signs: four hundred (400') feet of SH 121 :frontage. 1. Only one (1) off-premise sign for the purpose of providing directional information or identification of a single-family subdivision, multi-family Page 16 66850 development or a business establishment shall be permitted on private property that abuts State Highway 121. (5) Political signs. Notwithstanding any provisions of this Chapter, non- illuminated political signs may be erected in the required :front yard of a lot, subject to the following provisions: a. Maximum number of signs: Two (2) per lot. b. Maximum effective sign area: Thirty-six (36) square feet. c. Maximum height: Eight (8') feet as measured :from grade. d. No limit on the number of signs in the public Right of way except that signs shall not be displayed in the medians and the traveled portions of the roadway and sidewalk. Signs in the public Right of way shall be displayed :from Friday 8:00 a.m. to Monday 8:00 a.m. Such signs shall be a maximum of six (6) square feet and three (3) feet high from grade. 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 of a designated polling place as designated by election ordinance, resolution or state law. Such signs must comply with the following provisions: i. Maximum effective sign area: Six (6) square feet. ii. Maximum height: Three (3') feet. (6) Temporary construction signs/development signs. Developers may erect temporary on-premises construction signs designed to identify contractors, financiers, architects, and engineers. Signs shall not be erected prior to the issuance of the building permit for the project and are subject to the following provisions: a. Maximum effective sign area: One hundred (100) square feet b. Maximum height: Ten (10') feet c. Display limitations: Removed upon issuance of certificate of occupancy. (7) Real Estate Signs. Property owners may erect on-premises signs to advertise the sale, lease, or rent of the property along the frontage of the property subject to the following: a. Maximum number of signs: Two (2) per lot. b. Maximum effective sign area: Sixty (60) square feet. c. Maximum height: Ten (10') feet. d. Display limitations: Must be removed after property is sold. (b) Public Rights-of-way. No temporary signage is permitted in the public Right of way except as provided in this subsection. (1) Portable Signs - Portable signs are subject to the following regulations: Page 17 66850 a. No portable sign shall be located in the visibility triangle or within the traveled portion of any public Right of way or pedestrian sidewalk. b. Signage carried or attached to a person is prohibited except as follows: Display limitations: 1. Signs may be displayed on premises in non residential areas. 2. Signs shall not be displayed in medians of any street. 3. Allowed only within the pedestrian traveled portion of the Right of way, but shall not obstruct or interfere with pedestrian movement. Sec. 6-29. Presumption--Violations in or on public property. (a) If any sign is erected, constructed or maintained in or over a public right-of-way or in violation of any provision of the city's sign ordinance, there shall be a presumption that: (1) When the name of any person (corporate or individual) appears on such a sign, it shall be prima facie evidence that the person so named is responsible for the offense of erecting, constructing or maintaining said Sign. (2) When any address appears on such sign, it shall be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining said sign. (3) In the event that such a sign contains no identifying information other than a telephone number, such information shall,be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining said sign. (b) Proof establishing a prima facie case based on name, address or telephone number may be made as follows: (1) Name: An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. (2) Address: A certified copy ofthat section of the most recent tax roll which shows the name and address of the record property owner and an authenticated photograph ofthe sign or the sign itself. (3) Telephone number: An authenticated photograph ofthe sign or the sign itself, showing the telephone number, and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. Sec. 6-31. Non-conformance-all districts. (a) 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 ofthis article. For the purposes of this section, alteration or repair shall mean at least fifty (50) percent of the Page 18 66850 replacement cost. The building official shall determine whether the proposed alteration or repair exceeds fifty (50) percent of the replacement cost. (b) Maintenance - 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 characters (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 ofthe building official within ten (10) days of such notification. (c) Non-conformance - Notice. Signs adjudged by the building official to be structurally unsafe or to be more than fifty (50) percent 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 ofthe letter. Ifthe sign is not removed within the period allotted, the city may remove the sign at the property owner's expense. (1) Nuisances. The following signs shall be considered a public nuisance and the city may, without notice, remove and impound any ofthe 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 ofthe provisions ofthis article. d. Any sign erected in or over a public right-of-way, except as provided in this article. e. Any sign not specifically listed as approved in this article. f. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are specifically prohibited. g. Any sign that is erected in the visibility triangle. (2) 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. (3) Damaged nonconforming signs. Non conforming signs which are damaged in excess of fifty (50) percent 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. (4) Recovery and Disposal. The City shall recover and dispose of nonconforming signs located on private property in any manner it deems appropriate. Sec. 6-32. Appeals and Variances. Page 19 66850 a. Creation: There is hereby established a Sign Board of Appeal consisting of five (5) current members of the Board of Adjustment and alternates. Alternate members may serve as replacement members in the event of absence or disqualification. b. Quorum: A majority of members, which is three (3) members, shall constitute a quorum. In the event of the absence of the chairman and vice-chairman, the three members constituting the quorum shall elect for that meeting a member to preside as acting chairman and assume the duties of chairman. All motions shall be decided by a simple majority to the motion. c. Meetings: All meetings shall be open to the public. The board shall establish the dates, time and place of meetings. d. Records: All proceedings ofthe Sign Board of Appeal shall be recorded in minutes of meetings and such minutes approved and made a matter of public record. e. Powers and Duties: The Sign Board of Appeal shall have the following powers and perform the following duties: (1) To sit as a board of appeals in public hearings for the purpose of this article. a. In considering the request for a variance to requirements of this article, the sign board of appeal shall consider, but not be limited to, the degree of variance, the reasons for variances requested, the location of property, the effect on public safety, protection of neighborhood properties, the use of the premises, the degree of hardship or injustice involved and the effect of the variance on the general plan for signage within the city. b. The Sign Board of Appeal may only grant a variance for sign size not to exceed a twenty-five percent (25%) increase and sign height not to exceed a twenty-five (25%) percent increase. c. The Sign Board of Appeal may grant the variance requested, grant a variance of a lesser nature than requested, or deny a variance request. In considering a variance :from the area or height limitations of this article, the sign board of appeal shall consider the proximity of nonconforming existing signs to the location ofthe requested variance and the area and height of such nonconforming signs. (2) All action regarding variance requests shall become final. (3) The sign board of appeal may :from time to time recommend to the city council any changes or amendments to this article. (4) The sign board of appeal shall only exercise those duties which are provided in this section. Page 20 66850 SECTION 2. The provisions of this Ordinance are severable. However, in the event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, the remaining and lawful provisions shall be of full force and effect and the City shall promptly promulgate new revised provisions in compliance with the authorities decision or enactment. SECTION 3. All rights and remedies ofthe City of The Colony, Texas are expressly saved as to any and all violations of the provisions of any other ordinance affecting development and land use which have secured at the time ofthe effective date ofthis Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 4. Any person, firm or corporation violating any ofthe provisions of this ordinance or the provisions of the Code of Ordinances of the City of The Colony, Texas, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate. SECTION 5. This Ordinance shall become effective :from and after its date of passage in accordance with law. ~ED AND ~~ity Council ofthe City of The Colony, Texas, this the day of , 2004. (SEAL) Robert E. Hage City Attorney (REH/cdb 10/1/04) Page 21 66850