HomeMy WebLinkAboutOrdinance No. 07-1726
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 01-/1'Zft7
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 6, ARTICLE
II, SIGNS, BY REPEALING THE SAME IN ITS ENTIRETY AND
REPLACING WITH A NEW CHAPTER 6, ARTICLE II, SIGNS, TO
PROVIDE NEW REGULATIONS FOR SIGNAGE IN THE CITY;
PROVIDING FOR DEFINITIONS; PROVIDING A REQUIREMENT FOR
MEASUREMENTS AND PERMITS; PROVIDING FOR ENFORCEMENT
AUTHORITY; PROVIDING FOR APPEALS TO THE BOARD OF
ADJUSTMENTS; PROVIDING FOR REGISTRATION OF
NONCONFORMING PORTABLE AND OFF-PREMISES (BILLBOARD)
SIGNS; PROVIDING FOR SIGNS ALLOWED IN SPECIFIC ZONING
DISTRICTS; PROVIDING SPECIFIC CRITERIA FOR CERTAIN SIGNS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
FIVE HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 6, Article II of the Code of Ordinances provides for sign regulations
within the City; and
WHEREAS, a review of said Chapter and Article has resulted in making a
recommendation to the City Council to repeal Article II, Signs, and replace the same with new
updated regulations for signage in the City; and
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 6, Article II, Signs,
and replace with a new Chapter 6, Article II, Signs, to update signage regulations within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 6, Article II, Signs, in its entirety and replacing
with a new Chapter 6, Article II, Signs, to provide new regulations for signage in the City, which
shall read as follows:
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"Chapter 6
BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES
ARTICLE I. IN GENERAL
ARTICLE II. SIGNS
Sec. 6-21. Purpose.
The purpose of this Section is to regulate the location, size, construction, erection, duration,
use, and maintenance of all signs within the jurisdiction of the city and the extra-territorial
jurisdiction on a content-neutral basis. The specific objectives of this Section are to balance the
rights of individuals to convey their messages through signs and the right of the public to be
protected from potential harm; promote the health, safety, welfare, convenience, and enjoyment
of the public; protect the public from damage or injury caused or attributable to distractions and
destructions caused by improperly designed or located signs; protect and promote property
values; promote community environmental setting and appearance, especially where scenic
beauty is important; and to support the objectives of the individual zoning districts.
Sec. 6-22. Definitions.
Abandoned Sign. An on-premises sign, attached or detached, advertising a business that has
closed or ceased operation for a period of sixty (60) calendar days, or where the certificate of
occupancy has been revoked or expired.
Awning Sign. A permanent sign that is directly applied, attached or painted onto an awning,
which is a retractable or non-retractable projection, shelter or structure of rigid or non-rigid
canvas, metal, wood, or other similar material approved that covers a pedestrian walkway,
intended for protection from the weather or as a decorative embellishment, projecting from a
wall or roof of a structure over a window, walk, door, or the like. An awning sign is used to
advertise the name of the business, hours of operation, business telephone number, business
address, and/or website address.
Banner. An on-premise temporary sign made of vinyl, canvas, light fabric, light-weight
material, or corrugated plastic that is for advertisement or promotional purposes only in a
nonresidential district; displayed through either attaching to the building fa9ade with which it is
associated or hanging between two (2) stakes. A banner advertises the business' name, opening
dates, telephone number, hours of operation, and/or type of products offered or sold.
Billboard. An off-premises sign erected in the outdoor environment for the purpose of the
display of commercial or noncommercial messages not pertinent to the use of products sold on,
or the sale or lease of, the property on which it is displayed. Billboards include any of its
support, frame, or other appurtenances. Billboards are prohibited in the City of The Colony and
its extra-territorial jurisdiction.
Building. A structure which has a roof supported by columns, walls or air for the shelter,
support, or enclosure of persons, animals or chattels.
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Building Official. The Building Official or his/her designee or other city authorized agent
appointed by the City Manager.
Dilapidated. Any surface element, background, panels, or support of any sign that has
finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous,
illegible, leaning, splintered, ripped, tom, twisted, or unsightly.
Erect. To build, construct, attach, hang, place, suspend, affix, or paint a sign(s) on the
exterior surface of a building or structure.
Facade. That portion of any exterior elevation on the building extending from grade to top of
the parapet, wall, eaves and the entire width of the building elevation.
Flag/Flag Pole. A piece of fabric or other flexible material attached to a ground supported
staff on one end used as a symbol of a nation, state, political subdivision, corporation, or
organization.
Illuminated Sign. Any sign which has characters, letters, figures, or designs illuminated by
electric lights, luminous tubes, or other means that are specifically placed to draw attention to, to
light up, or to provide nighttime viewing of the subject matter on the sign.
Inflatable Device Sign (IDS). A sign manufactured of plastic, cloth, canvas or other flexible
or light fabric, inflated with air, secured to the ground or roof of a building and does not float.
An IDS only advertises the opening dates, sale of items offered or sold, date of sale, name of
business, telephone number, and/or website information of a business.
Logo. Any design, insignia or other marking of a company or product, which is used in
advertisings to identify the company, business or product.
Menu Board Sign. A sign erected in conjunction with a use that incorporates a drive-thru or
drive-in and generally used to provide service and/or product options and pricing for patrons who
remain in a vehicle. No permit is required for menu board signs. Refer to requirements found in
Section 6-23( e).
Mixed Use Development. A tract of land or building/structure developed for two or more
different uses such as but not limited to, residential, office, manufacturing, retail, public, or
entertainment. With respect to this section all non-residential regulations apply to mixed use
developments.
Monument Sign. A free-standing sign characterized by construction of stone, concrete, metal
or brick, etc. set on a monument, ground mounted base. Permanent detached signs in non-
residential zoning districts shall be on premises monument signs except as provided within this
Ordinance.
Movement Control Signs, Private. A sign which directs vehicular or pedestrian movement
within or on the premises such as but not limited to, entrance, exit, overhead clearance and which
does not advertise the name of the establishment. A logo may be incorporated in the design of
the sign; however the logo cannot occupy more than 45% of the sign area.
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Multi-Tenant Commercial Development. A building or group of buildings including, but not
limited to, shopping centers, and office centers, constructed and managed as a total entity with
customer and employee parking provided onsite.
Off-Premise Sign. A sign that advertises, promotes, or pertains to a business, person,
organization, activity, event, place, service, product, etc. at a location other than where the sign is
located. Off-premise signs are prohibited in the City of The Colony and its extra-territorial
jurisdiction unless specifically allowed in this ordinance.
On-Premises Sign. Any sign located on-premises to which location, facility or place of
business the sign refers to.
Person. Any person, firm, partnership, corporation, company, limited liability company,
organization, business or entity of any kind.
Pole Sign. Any sign, which is erected on a vertical framework consisting of one (1) upright
supported by the ground. With the exception of Pole Signs specifically authorized by this
Ordinance, Pole Signs are prohibited in the City of the Colony and its extra-territorial
jurisdiction.
Political Signs. A temporary sign announcing or supporting candidates or Issues In
connection with any national, state, or local election.
Portable Signs. Any sign designed or intended to be relocated from time-to-time, whether or
not it is permanently attached to a building or structure, or is located on the ground. Portable
signs include signs on wheels or on portable or mobile structures, such as, among other things,
trailers, skids, banners, tents or other portable structures, A-frame signs, T-shaped signs, airborne
devices, or other devices used for temporary display or advertising. Portable signs are prohibited
in the City of The Colony and its extra-territorial jurisdiction, except as specifically allowed by
other sections of this ordinance.
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.
Projecting Sign. A sign attached and projecting out from a building face or wall, generally at a
right angle to the building a maximum of twelve (12) inches. A Projecting Sign may advertise
the name, telephone number, street address, and/or website information of a business.
Pylon Sign. A freestanding sign other than a pole sign, permanently affixed to the ground by
supports, but not having the appearance of a solid base.
Roof Sign. A sign mounted on and supported by the roof portion of a building or above the
uppermost edge of a parapet wall of a building and which is wholly or partially supported by
such a building or a sign that is painted directly to or applied on the roof or top of a building or
structure. A sign that is mounted on mansard facades, pent eaves or architectural projections,
such as canopies or the wall of a building or structure shall not be considered to be a roof sign.
Roof signs are prohibited in the City of The Colony and its extra-territorial jurisdiction.
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Searchlight Sign. Signs that are used to announce, direct attention to, or advertise businesses
and events or attractions. Searchlight signs are prohibited within the City of The Colony and its
extra-territorial jurisdiction.
Sign. Any form of publicity or advertising which directs attention to an individual, business,
commodity, service, activity, or product, by means of words, lettering, parts of letters, figures,
numeral, phrases, sentences, emblems, devices, trade names, or trademarks, or other pictorial
matter designed to convey such information and displayed by means of print, bills, posters,
panels, or other devices erected on an open framework, or attached or otherwise applied to
stakes, posts, poles, buildings or other structures or supports. This definition shall also include
any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol,
or writing to advertise, announce the purpose of a person or entity, or communicate information
of any kind to the public.
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.
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.
Sign, marquee. A sign; either attached or a detached monument sign, designed to allow
advertising or wording to be changed on periodic intervals.
Special Event Sign. Any self-supporting sign specifically announcing one (1) special event
sponsored by a civic, non-profit, or philanthropic an organization of public interest. Special
Event Signage shall be reviewed as a part of the overall Special Event Permit as set out in the
Code of Ordinances, City of The Colony.
Subdivision Entry Sign. A sign mounted to a screening wall or engraved into a masonry block
which identifies a development, either residential or non-residential, and generally refers to the
platted name of the subdivision or planned development.
Temporary Sign. Any sign constructed of plywood or other light materials and intended for
display for a short period of time.
"V" Shaped Sign. Any free standing sign constructed of two (2) panels in the form ofa "V",
when seen from above, with a maximum angle between the panels of 45 degrees.
Vacant Building Sign. No sign shall be permitted to remain on any vacant building, except a
sign pertaining to the lease or sale of the building to which it pertains, or a sign which is under
lease from the owner or hislher authorized agent when such sign is maintained by a person
operating under hislher own bond. Vacant building signage is prohibited in the City of The
Colony and its extra-territorial jurisdiction.
Vehicular Sign. 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
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. number. Signs placed 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 public view where the apparent
purpose is to advertise or direct people to a business or activity located on the same or nearby
property shall be prohibited in the City of The Colony and its extra-territorial jurisdiction.
Wall Sign. A sign erected against an exterior wall, erected parallel to a wall or painted
directly onto a wall. A wall sign is a sign painted on or erected parallel to a wall or attached;
supported throughout its entire length by the building face. A wall sign identifies the name of a
business and/or logo of a business. A wall sign may include neon tubing attached directly to a
wall surface when forming a border for the subject matter or when forming letters, logos, or
pictorial designs. No building shall have both a wall sign and an awning sign on the same
building face.
Window Sign. Any sign, poster, window slick, or other similar displayed item excluding
banners, located on the internal or external surface of a window for the purposed of advertising a
business' name, telephone number, website, information, services, commodities, and/or products
offered or sold that are available within the building that is visible from the public view.
Wind Device. Any pennant flag, streamer, spinner, balloon, cloud buster balloon, or similar
devices made of cloth, canvas, plastic, or any flexible material designed to float or designed to
move, or moves freely in the wind, with or without a frame or other supporting structure, used
for the purpose of advertising or drawing attention to a business, commodity, service, sale or
product. Flags, inflatable device signs (IDS), and banners shall not be considered a wind device.
Wind device(s) are prohibited in the City of The Colony and its extra-territorial jurisdiction.
Sec. 6-23. Measurements and permits required.
(a) Sign Area. For the purposes of this Section, sign area shall be measured as follows:
(1) Square or rectangular sign: length times height of the sign.
(2) Irregular shaped sign: area of rectangles or triangles or combination thereof
necessary to enclose the sign face. Sign composed of individual cutout letters or
figures: sum of area of rectangles, or triangles necessary to enclose each letter or
figure.
(b) Sign Height. Measurement of sign height shall be from either grade or street
elevation, whichever is higher.
(c) Distance between Signs. Whenever a minimum distance between signs is indicated
in this code, it means horizontal distance measured from the points as if each sign touched
the ground.
(d) Permits Required. Except as otherwise provided, no sign may be erected, relocated,
posted, painted, or maintained, and no advertising structure may be erected, relocated, or
maintained by any person without first obtaining a permit from the building official. In
addition to the permit required from the building official, electrical signs also require
electrical permits under the electrical code.
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(e) Exceptions. No permit or fee is required for the following type signs, but such signs
are subject to all other provisions of this Section:
(1) Signs not exceeding one (1) square foot in area.
(2) Governmental Signs, for civic, non-profit, or philanthropic use only of public
interest only; which are regulated by a policy adopted by Council.
(3) Movement Control Signs, on private property which do not exceed four and half
(4 1;'2) square feet and are no higher than three (3) feet.
(4) National and State Flags
(5) Menu Boards that are a maximum of eight (8) feet in height and do not exceed
seventy-two (72) square feet in area. Only two (2) menu boards are permitted per
drive-thru.
(6) Signage for Special Events shall be reviewed with the Special Events Permit.
(t) Applications. All applications for sign permits must include a dimensioned drawing
illustrating the location and design of the sign, the height, base, frame materials, color
schemes, and letter size to be contained within the sign. If the sign is an electrical sign,
electrical plans and specifications, and a site plan showing the location of the sign is also
required. When requested by the building official, more detailed plans may be required and
such plans may be required to be prepared by a registered professional engineer or architect.
(g) Fees. Fees shall be as required by the Master Fee Schedule.
(h) Permit Expiration. A permit for a sign shall expire if the work is not completed within
180 days after work is commenced. A permit issued under this division for a sign which
conflicts with any provision of this Code is void.
(i) Required Inspections. All signs require an inspection by the building inspection
department prior to covering electrical work and at completion of sign construction.
U) Construction Materials. All signs shall conform to the city's standard specifications
for building materials and design. Monument signs shall employ the same material, colors,
and textures as the associated primary structures. Monument and pylon signs adjacent to public
right-of-way shall be landscaped around the base, and may incorporate elements into the design
to protect the sign from vehicular damage.
(k) Prohibited Signs. A sign not referenced in or governed by this Ordinance; any sign
erected or installed without the issuance of a permit, either prior to or after the adoption of this
Ordinance (if a permit was required); any sign that emits odor or visible matter; any sign erected
or installed in or over a public right-of-way or access easement, unless permitted within this
ordinance; any sign that does not comply with this or other applicable municipal ordinances, or
those which do not comply with Federal or State laws; or any sign not allowed or defined by this
ordinance; which include but not limited to:
(1) Billboards
(2) Pole Signs
(3) Portable and Marquee Signs
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(4) Roof Signs
(5) Vehicular Signs
(6) Searchlights
(7) Wind Devices
(8) Signs attached to fences, utility poles, and trees
(9) Signs that advertise events or businesses located outside the city limits of The
Colony.
(10) Temporary signs, except as permitted in Table 6-26.
(11) Signs containing graffiti, obscene, indecent or immoral words, pictures, descriptions
or other matter.
(12) Signs that are illuminated to an intensity to cause glare or brightness to a degree that
could constitute a hazard or nuisance.
(13) Signs erected in violation of the building code of the city.
(14) Signs imitating traffic or emergency signs.
(1) Relocation. Notwithstanding any other provision of this ordinance, any sign which is a
legally existing nonconforming sign may be relocated on the same lot or tract of land if the sign
is required to be removed from its present location because the property upon which the sign is
located is acquired by any governmental agency or other entity which has or could have acquired
the property through the exercise of its power of eminent domain. Such relocated sign shall be
placed, insofar as possible to comply with all the provisions of the section.
Sec. 6-24. Enforcement authority.
(a) The Building Official, or their designee(s), any peace officer, and any code enforcement
officer is hereby authorized to issue a citation and to order the repair or removal of any
dilapidated, abandoned, illegal, or prohibited signs from property within the corporate city limits
of The Colony, in accordance with the enforcement mechanisms set forth in this section.
(b) If the owner of property fails or refuses to comply with this article, the city shall give
written notice to the property owner. The notice shall be delivered by mail to the owner or
mailed or the owners post office address. If delivery in person is not possible, or the owner's
address is unknown, notice shall be given by publication in the city's official newspaper at least
once.
(c) A notice of violation shall contain a statement setting forth the requirements of this
article, that the owner has ten (10) days from the date of this notice to correct the violation, if the
owner fails to correct the violation, the city will either abate the violation or issue a citation, and
if the owner fails to pay the cost for abatement, a lien shall be filed against the property to secure
all cost and fees.
(d) In the event that any temporary or portable sign is erected without a permit the Building
Official or their designee may remove any sign without notice and be impounded for five (5)
business days. Those signs may be redeemed by the owner upon payment of a fee as outlined in
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the adopted fee schedule. All signs not redeemed within five (5) business days will be destroyed.
Sec. 6-25. Appeals to Sign Board of Appeals.
(a) The Sign Board of Appeals may hear and decide appeals which allege error in any order,
requirement, decision, or determination made by the Building Official in connection with the
refusal to grant a permit required by this article, the revocation of a permit granted under the
provisions of this article or a decision involving any substantive or material interpretation of a
provision of this article. The decision of the Sign Board of Appeals with regard to such appeal
shall be final.
(b) A variance shall not be granted to relieve a self-created or personal hardship, nor shall it
be based solely on economic gain or loss. In order to make a finding of hardship and to grant a
variance from this article, the Board must determine that:
(1) The requested variance does not violate the intent of the ordinance.
(2) The requested variance will not adversely affect surrounding properties.
(3) The requested variance will not adversely affect public safety.
(4) Special conditions exist with are unique to the applicant or property.
Sec. 6-26. Registration of nonconforming portable and off-premises (billboard) signs.
On or after the adoption of this ordinance, it shall be unlawful for any person to maintain any
off-premises (billboard) sign on any premises within the corporate limits and off-premises
(billboard) signs within the extraterritorial jurisdiction of the City of The Colony without having
valid registration tag affixed thereto as required in this section as follows:
(1) Application. To register a nonconforming off-premises (billboard) sign, application shall
be made to the Building Official on forms provided for that purpose. The application
shall be accompanied by the payment of the applicable fee and shall contain the name
and address of the owner of the sign, the exact location of the sign, the date of placement
and any other information reasonably required by the Building Official.
(2) Issuance of Registration Tag. If the Building Official determines that the off-premises
(billboard) sign is lawfully nonconforming off-premises (billboard) sign, he/she shall
issue a registration tag to the applicant. The owner of the sign shall cause the tag to be
affixed in a conspicuous place on the corresponding off-premises (billboard) sign
registered.
(3) Removed or Destroyed Signs. Any owner who removes or causes the removal of any
validly registered nonconforming off-premises (billboard) sign from any premises shall,
within five (5) business days of its removal, report the removal to the Building Official.
(4) Invalidation of Registration. The Building Official shall invalidate any registration tag
for a nonconforming off-premises (billboard) sign when:
a. It is removed from the premises for any reason;
b. It has been damaged or destroyed so as to lose its nonconforming off-premises
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(billboard) sign status as provided in this Section;
c. It has become an abandoned sign.
Sec. 6-27. Signs allowed in specific zoning districts.
The type of signs allowed and special requirements relating to signs in specific zoning
districts are described in this Section. If no limitations are set for a particular zoning district, the
general specifications prescribed in this division for a particular type of sign prevail. It is
unlawful for any person to erect or maintain any sign in a zoning district mentioned in this
Section unless such sign is of a type specifically allowed in such district. Table 6-26 lists the
signs allowed by zoning district.
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TABLL 6-26: PFRMITTU) SIGNS
DIstrict Signs A IIll\\ cd
Off -Prcmise On-Premise
Residential districts
All SF and Duplex
districts
All MF residential
pistricts
. Subdivision Entry signs
. Temporary signs
(Garage Sale and Open
House only)
. Temporary
types of
Signs)
signs (All
Temporary
. Nonresidential districts
All BP, SC, GR & 01
districts
All BP and GR districts
All BP, GR, and SC
districts
. Temporary signs
(Political and Personal
Property Signs only)
. Temporary signs
(Political and Personal
Property Signs only)
. Directional signs
. Temporary signs
(Political and Personal
Property Signs only)
. Monument and wall signs as permitted by the
Planning and Zoning Commission at times of site
plan approval for nonresidential uses allowed in
residential districts
. Temporary signs (All types of Temporary Signs)
. Window signs
. Monument and wall sIgns as permitted by the
Planning and Zoning Commission at the time of
site plan approval for nonresidential uses allowed in
residential districts
. Temporary signs (All types of Temporary Signs)
. Window signs
. Business signs can be monument or wall signs,
provided that only one monument sign per business
is allowed for each 150 feet of street frontage
. All signs permitted, unless otherwise specified in this
ordinance
. One wall sign per street frontage (per tenant)
. Illuminated signs, provided that they are not erected
within 100 feet of a residential district
. Transportation signs on parking lots
. Window signs
. Temporary signs (Political and Personal Property
Signs only)
. All signs permitted in the BP and GR districts, unless
otherwise specified in this ordinance
(Political and Personal Property Temporary Signs
only)
. All signs permitted in the BP and GR districts,
unless otherwise specified in this ordinance
(Political and Personal Property Temporary Signs
only)
* Note. Signs displaying noncommercial messages are allowed in any zoning district.
Sec. 6-28. Specific criteria for certain signs.
(a) Monument Signs - Single Tenant Nonresidential Uses
(1) Location. Signs shall not be placed in that portion of any corner lot in the city
which portion is included in a triangle of the street comer of the lot formed by a
diagonal line intersecting the curb line, at twenty (20) feet from the street comer
intersection of the curb line.
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(2) Height. The maximum allowable overall height of the sign including the base,
measured from existing grade or ground level is ten (10) feet. Creating a grade
by berming or adding fill to increase the height of the sign is prohibited.
(3) Sign Area. The sign area illustrating the business name or retail center name
must not exceed one hundred (100) square feet. The overall sign area, including
the base and/or supporting frame, may be no more than one-hundred (100)
square feet.
(4) Construction Material. Monument signs shall have bases and exterior frames that
feature the same material combination and color as the primary structure.
(5) Setback. The entire body of the sign must be at least ten (10) feet from the
property line. If the monument sign is located within or adjacent to a parking
area, landscaping and distance from paving must be as approved by the Sign
Advisory Board.
(6) Lighting. Single-faced or double-faced sign lighting is allowed. Lighting is
permissible by back fluorescent or accent lighting. No lighting shall produce
shine or produce glare onto public streets or adjacent residential property.
(7) Distance Between Signs. The minimum distance between monument signs shall be
150 feet per premise, unless otherwise authorized by the Planning and Zoning
Commission.
(b) Monument Signs for Multi-Tenant Commercial Development
(1) Height. The Planning and Zoning Commission may consider the maximum
allowable overall height of the sign, including the base measured from existing
grade or ground level or grade of main travel lane, to thirty (30) feet. Creating a
grade by berming or adding fill to increase the height of the sign is prohibited. A
monument sign located in the Gateway Overlay District that exceeds thirty (30)
feet in total height may be considered during the site plan approval process or if
a site plan has already been approved for the property then a revised site plan
must be approved by Council in accordance with the Zoning Ordinance. In such
consideration, a study of the viewing distance of such sign and if the sign
hampers, hinders or interferes with visibility of adjacent properties or uses, and
if the sign is compatible with the corridor on which it is composed in relation to
height, width, depth, colors, messages and message style, angles, and affects on
adjacent properties and/or uses will be required.
(2) Sign Area. The total sign area excluding the base must not exceed 100 square
feet. The overall sign area, including the base and/or supporting frame, must not
exceed 150 square feet. No single tenant shall occupy more than thirty (30)
percent of the allowed sign area.
(3) Construction Material. Unless alternatives are approved by the Planning and
Zoning Commission, monument signs shall have bases, and exterior frames of
the same material combination and color as the primary structure. Bases shall be
a minimum of two (2) feet in height for signs less than five (5) feet in total
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height. For signs greater than five (5) feet in total height, the base must be at
least Forty (40) percent of the sign height, but no less than two (2) feet high. All
bases must have a minimum width of one (1) foot.
(4) Setback. The entire body of the sign must be at least ten (10) feet from the
property line.
(5) Lighting. Single-faced or double-faced sign lighting is allowed. Lighting is
permissible by back fluorescent or accent lighting. No lighting shall shine or
produce glare onto public streets or adjacent residential properties.
(c) Signs for Multiple Buildinzs Located on Sinzle Premises: Signs located in the front
yard of lots containing multiple main buildings which are separate and independent buildings
must adhere to the following guidelines:
(1) Wall signs are allowed.
(2) Monument signs are allowed if the main building exceeds 3,000 square feet.
(3) No monument sign may be spaced closer than 150 feet along the street frontage
for anyone lot or development.
(4) The monument sign criteria stated above in this Section applies.
(d) pylon Signs
(1) Location. Permitted for multi-tenant properties located within the frontage of State
Highway 121 and located within the Gateway Overlay District. 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. Must be setback ten (10) feet from
any property line or easement line.
(2) Size and Height. Pylon signs shall have a maximum height of forty (40) feet
measured from grade. Multi-tenant signs shall have a maximum effective area of 250
square feet per side if a double faced sign. Two (2) or more contiguous lots shall
have a maximum effective sign area of 500 square feet per side if double faced sign.
Support material shall contain two (2) vertical supports to be located at the outer
extremities of the sign face, single pole signs are prohibited. The vertical supports
(pole) shall be of an approved metallic or non-wooden material.
(e) Awning Signs
(1) Location. In no case shall the supporting structure of an awning sign extend into
or over the public right-of-way. No building shall have both a wall sign and an
awning sign on the same building face. An awning sign shall only be permitted in
conjunction with a nonresidential use or in a nonresidential zoning district.
(2) Size and Height. The maximum height of an awning sign shall not exceed four (4)
feet. The width of an awing sign shall not exceed seventy-five (75) percent in
length of an awning.
(3) Construction Materials. Awning signs must be constructed of rigid or non-rigid
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canvas, metal, wood, or other similar material approved by the Building Official.
Awning signs shall be secure and may not swing, sway, or move in any manner.
An awning sign shall not contain any moving devices.
(t) Pro;ectinfl Signs
(1) Location. A projecting sign is permitted only in conjunction with a nonresidential
use or nonresidential zoning district. When a projecting sign is constructed over a
pedestrian sidewalk, a minimum of nine (9) feet clearance shall be provided
between the grade of the sidewalk and the lowest portion of the projecting sign.
(2) Size and Height. A projecting sign shall not extend above a building wall. The
maximum area of a projecting sign is twelve (12) square feet.
(g) Wall Signs
(1) Sign Area. A wall sign may be up to ten (10) percent of the facade or sixty (60)
square feet, whichever is greater. There is no limit on the number of signs on each
fa9ade; however, no portion of the sign may extend above the roof or parapet wall.
(h) Subdivision Entry Siflns
(1) Location. All Subdivision Entry Signs shall be located within the platted limits of a
residential subdivision to which it pertains. Subdivision entry signs placed on private
property must be at least ten (10) feet from the property line. In no case shall such
signs overhang into the public right-of-way.
(2) Size. Unless approved by the Sign Board of Appeals or by Special Exception within a
Planned Development, the maximum size of the sign cannot be more than 25% of the
wall area on which it is placed. The wall area shall mean a screening wall between
two columns or two support beams.
(3) Height. In no event may a sign, under this subsection, exceed the maximum height of
a screening wall for which it is attached or 10 feet as measured from grade, whichever
is less.
(4) Construction Material. Building materials for signs, under this subsection, shall be of
masonry construction.
(5) Lighting. All subdivision entry signs shall be externally illuminated in such a manner
as not produce a glare on public streets or adjacent residential property.
(i) Banners
(1) Location. A banner shall be securely attached to the front, side or rear face of a
building. A banner shall not face a residential neighborhood, unless separated by a
major thoroughfare.
(2) Size and Height. No portion ofa banner shall exceed the height of the wall or exceed
eighty (80) square feet in area. A banner shall be placed a minimum of nine (9) feet
above grade at any pedestrian walkway. In the case of a multi-tenant commercial
development no one (1) development may have more than three (3) active banner
permits at one time.
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(3) Timeframe. A permit is required and is only good for a maximum of thirty (30) days.
Only four (4) banner permits are allowed per business per calendar year with thirty
(30) days between each permit.
(j) Inflatable Device Signs (IDS)
(1) Location. An IDS shall not be located within the required parking area, driveways,
fire lanes, or the public right-of-way. No portion of the IDS shall be located in such
a manner as to cross over the public right-of-way
(2) Height. Maximum height of an IDS shall be thirty (30) feet.
(3) Timeframe. One (1) IDS is permitted per platted lot. 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 of ten (10) days each,
provided that no more than one (1) inflatable device is located on the lot at any time
and the minimum of thirty (30) days elapse between the removal of a permitted IDS
by one (1) business and placement of another IDS by another business.
(k) Temvorarv Sizns
(1) Garage Sale /Open House Temporary Signs
a Location. Signs shall not be located within any state right-of-way or median.
b. Size and Height. Signs shall not exceed three (3) feet in height or exceed six (6)
square feet in area. A maximum oftwo (2) signs are permitted per lot.
c. Timeframes. Signs can only be displayed from 8 a.m. on Friday to 8 a.m. on
Monday.
(2) Proverty Sale and Lease Temvorary Signs
a. Location. Signs shall not be located within any state right-of-way or median.
b. Size and Height:
1. Residential: Signs shall not exceed three (3) feet in height or exceed six (6)
square feet in area.
2. Non-residential: Signs shall not exceed ten (10) feet in height or exceed sixty
(60) square feet in area.
c. Timeframes: Signs must be removed within seventy-two (72) hours after the
property has been sold or leased.
(3) Political Signs
a. Location. Signs shall not be located within any public right-of-way or median.
b. Size and Height. Signs shall not exceed eight (8) feet in height or exceed thirty-
six (36) square feet in area, individually or collectively on each lot.. Political signs
shall not contain any moving elements or parts.
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c. Timeframes. Signs can only be displayed ninety (90) days before early election
and must be removed within ten (10) days after the general election day.
Sec. 6-29. Appeals and Variances.
(1) Creation of board. There is hereby established a sign board of appeal consisting of
five current members of the board of adjustment and alternates. Alternate members
may serve as replacement members in the event of absence or disqualification.
(2) Quorum. A majority of members, which is three 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.
(3) Meetings. All meetings shall be open to the public. The board shall establish the
dates, time and place of meetings.
(4) Records. All proceedings of the sign board of appeal shall be recorded in minutes of
meetings and such minutes approved and made a matter of public record.
(5) Powers and duties. The sign board of appeal shall have the following powers and
perform the following duties:
a. The sign board of appeal may hear and decide appeals which allege error in any
order, requirement, decision, or determination made by the Building Official in
connection with the refusal to grant a permit required by this article, the
revocation of a permit granted under the provisions of this article or a decision
involving any substantive or material interpretation of a provision of this article.
The decision of the sign board of appeal with regard to such appeal shall be final.
b. A variance shall not be granted to relieve a self-created or personal hardship, nor
shall it be based solely on economic gain or loss. In order to make a finding of
hardship and to grant a variance from this article, the Board must determine that:
1. The requested variance does not violate the intent of the ordinance.
11. The requested variance will not adversely affect surrounding properties.
111. The requested variance will not adversely affect public safety.
IV. Special conditions exist with are unique to the applicant or property.
c. All action regarding variance requests shall become final.
d. The sign board of appeal shall only exercise those duties which are provided in
this section.
Secs. 6-30 - 6-69. Reserved.
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SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. 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 punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND AP~D BY T
COLONY, TEXAS THISt ~ day of
CITY COUNCIL OF THE CITY OF THE
2007.
John Dillard, Mayor
ATTEST:
as U~ :i)
. . ~.en, i~ Secre!J1 ~It
Robert E. Hager, Ci
(REH/cdb 03/07!. 7
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