HomeMy WebLinkAboutOrdinance No. 08-1787
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1787
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 6, ARTICLE
II, SIGNS, BY AMENDING THE DEFINITION OF SIGN, MARQUEE; BY
AMENDING SECTION 6-23(k)(3) TO DELETE MARQUEE SIGNS; BY
AMENDING SECTION 6-28, SPECIFIC CRITERIA FOR CERTAIN
SIGNS, BY ADDING (a)(8), (b)(6), (g)(2) TO PROVIDE FOR MONUMENT
AND PYLON SIGNS WITH A CHANGEABLE READER BOARD
COMPONENT, AND REPEALING (d) PYLON SIGNS, IN ITS ENTIRETY
AND REPLACING WITH A NEW PROVISIONS FOR PYLON SIGNS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
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, the City Council has directed the staff to amend the sign ordinance to allow
individual properties to obtain a permit for pylon signs along SH 121; and
WHEREAS, in addition, City staff has recognized an increase in the number of requests for
LED signs or changeable message signs for on-premise use through out the City; and
WHEREAS, the City Council has discussed the sign ordinance and has determined that the
same should be amended as provided herein.
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 Chapter 6, Article II, Signs, by amending the definition of
sign, marquee, and by amending Section 6-23(k)(3) to delete marquee signs, and by amending
Section 6-28, Specific Criteria for Certain Signs, by adding (a)(8),(b)(6), (g)(2) to provide for
monument and pylon signs with a changeable reader board component, and repealing (d) Pylon
Signs, in its entirety and replacing with a new provisions for pylon signs, which shall read as
follows:
"Chapter 6
ARTICLE II. SIGNS
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Sec. 6-22. Definitions.
Sign, marquee. A sign designed to allow advertising or wording to be changed on periodic
intervals either manually or electronically.
Sec. 6-23. Measurements and permits required.
(k) Prohibited Signs. . . . . .:
(1) Portable Signs
Sec. 6-28. Specific criteria for certain signs.
(a) Monument Signs - Single Tenant Nonresidential Uses
(8) If a monument sign includes a changeable reader board component, either manual or
electronic, the changeable reader portion of the sign may not exceed fifty (50%) of the
maximum allowable sign area. In addition, if an electronic message area is utilized, the
message may not change more than every thirty (30) seconds and shall be designed in a
manner to ensure the public health and safety of travelers on adjacent right-of-ways.
(b) Monument Signs for Multi-Tenant Commercial Develooment
(6) If a monument sign includes a changeable reader board component, either manual or
electronic, the changeable reader portion of the sign may not exceed fifty (50%) of the
maximum allowable sign area. In addition, if an electronic message area is utilized, the
message may not change more than every thirty (30) seconds and shall be designed in a
manner to ensure the public health and safety of travelers on adjacent right-of-ways.
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(d) Pylon Signs
(I) Location. Permitted for properties located within the frontage of State Highway 121 and
located within the Gateway Overlay District. One pylon sign is permitted per lot, or one
pylon sign is permitted 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. Signs for single tenant properties shall have a maximum effective area of
100 square feet per side if double faced sign. Signs for multi-tenant properties or 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.
(3) If a pylon sign includes a changeable reader board component, either manual or
electronic, the changeable reader portion of the sign may not exceed fifty (50%) of the
maximum allowable sign area. In addition, if an electronic message area is utilized, the
message may not change more than every thirty (30) seconds and shall be designed in a
manner to ensure the public health and safety of travelers on adjacent right-of-ways.
(g) Wall Signs
(1) . . . . .
(2) If a pylon sign includes a changeable reader board component, either manual or
electronic, the changeable reader portion of the sign may not exceed fifty (50%) of the
maximum allowable sign area. In addition, if an electronic message area is utilized, the
message may not change more than every thirty (30) seconds and shall be designed in a
manner to ensure the public health and safety of travelers on adjacent right-of-ways.
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.
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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 ofthis 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 APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 1st day of December. 2008.
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APPROVED AS TO FORM:
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Robert E. Hager, City Art ey
(REHlcdb ] 1/24/08)
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