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HomeMy WebLinkAboutOrdinance No. 08-1768 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1768 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, CHAPTER 6, ARTICLE II, SIGNS, BY AMENDING SECTIONS 6-22 TO DEFINE CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS; BY AMENDING SECTION 6-23 TO PROHIBIT CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS; BY AMENDING SECTION 6-23(i)(1) TO ALLOW BANNERS TO CROSS CITY RIGHT-OF-WAY UPON APPROVAL OF CITY AND BY ADDING (4) TO PROVIDE FOR GRAND OPENING BANNERS; BY AMENDING SECTION 6-23(k) TO ADD TEMPORARY CONSTRUCTION SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) 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, the City Council agrees with the American Society of Landscape Architects' determination that outdoor advertising signs tend to deface nearby scenery, whether natural or build, rural or urban; and WHEREAS, the City Council agrees with courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway, whether the view is untouched or ravished by man, and that it would be unreasonable and illogical to conclude that an are is too unattractive to justify aesthetic improvement; and WHEREAS, the City Council has determined that outdoor advertising signs, including changeable electronic variable message signs, pose a distraction to drivers, bikers and pedestrians from the roadway; and WHEREAS, the City Council has determined that in order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and WHEREAS, the City Council has determined that changeable electronic variable message signs ("CEVMS"), as defined herein, are inconsistent with the above-stated goals; WHEREAS, the City Council has further determined that the current regulations providing for the location of banners should be amended to allow banners to cross the City rights-of-way upon approval from the building inspection and the traffic divisions; and Page 1 TM 29414.76.000 WHEREAS, the City Council has determined that the Sign Regulations should contain provisions for grand opening banners and for temporary construction signs; and WHEREAS, the City Council has determined that regulating such signs will maintain and enhance the aesthetic environment, improve pedestrian and traffic safety, and lessen unnecessary visual clutter that competes for the attention of pedestrian and vehicular traffic, and will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians, but will conserve, protect, and enhance the aesthetic quality of the City, protect property values by precluding sign-types that create a nuisance to the occupancy or use of other properties. 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 amending Sections 6-22, 6-23(k), 6-28(i), and 6-28(k) of Chapter 6, Article II, Signs, which shall read as follows: "ARTICLE II. SIGNS Sec. 6-22. Definitions. Building Official. . . . . . Changeable Electronic Variable Message Sign (CEVMS). A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including an illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sin, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual or Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard Erect. . . . . . Sec. 6-23. Measurements, permits required and prohibited signs. (k) Prohibited Signs. . . . . . Page 2 TM 29414.76.000 (9) Changeable electronic variable message signs and other moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Sec. 6-28. Specific criteria for certain signs. (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. Upon approval from the building inspection and traffic divisions a banner may be allowed to cross City right-of-way. (4) Grand Opening Banners. The City will allow one (1) grand opening banner for the introduction, promotion, or announcement of a new business, store, shopping center, or office, or the announcement or introduction or promotion of an established business changing ownership or location. A permit shall be required however fees will be waived. (k) Temporary Signs (4) Temporary Construction. a. Location. Signs shall not be located within any public right-of-way or median, except as otherwise permitted. b. Size and Height. Signs shall not exceed ten (10) feet in height or exceed sixty (60) square feet in area. A maximum of three (3) temporary construction signs are allowed per lot at one (1) time. c. Timeframes. Signs must be removed within seventy-two (72) hours after issuance of a green tag or a certificate of occupancy, whichever comes first." 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 Page 3 TM 29414.76.000 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. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. 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 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY T COLONY, TEXAS THIS ~iday of Robert E. Hager, C" (REH/cdb 07/16 ) ITY COUNCIL OF THE CITY OF THE 2008. John Dillard, Mayor Page 4 TM 29414.76.000