HomeMy WebLinkAboutOrdinance No. 2011-1896CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
REPEALING IN ITS ENTIRETY CHAPTER 6, ARTICLE XI, SECTIONS
6-251 TO 6-269, ENTITLED "SIGNS," AND REPLACING IT WITH A
NEW CHAPTER 6, ARTICLE XI, SECTIONS 6-251 TO 6-269, ENTITLED
"SIGNS," ESTABLISHING REGULATIONS FOR THE PLACEMENT OF
SIGNS; ESTABLISHING REGULATIONS FOR THE PLACEMENT OF
SIGNS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY; PROVIDING FOR THE REMOVAL OF PROHIBITED SIGNS;
PROVIDING FOR THE APPEALS OF THE SIGN ORDINANCE TO THE
SIGN BOARD OF APPEALS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regulation of the location, size, placement, and certain features of signs
is necessary to enable the public to locate goods, services and facilities in the corporate limits of
the City of The Colony, Texas, to encourage the general attractiveness of the community and to
protect property values therein; and
WHEREAS, the City Council of the City of The Colony, Texas, intends to establish
updated regulations governing the display of signs by providing that signs promote and protect
the public health, safety, comfort, morals and convenience, do not obstruct firefighting or police
activity, and improve pedestrian and traffic safety; and
WHEREAS, the City Council of the City of The Colony, Texas, desires, by establishing
updated regulations applicable to signage, to enhance the economy and the business and industry
of the City of The Colony, Texas, by promoting the reasonable, orderly and effective display of
signs and thereby encourage increased communication with the public, so that businesses and
services may identify themselves, customers and other persons may locate a business or service,
and by providing regulations to ensure that signs are compatible with their surroundings and are
appropriate to the type of activity to which they pertain; and
WHEREAS, the City Council of the City of The Colony, Texas, has discussed and
considered such revisions and has determined that it is in the best interest of the City to amend
the current Chapter 6, Article XI, Sections 6-251 to 6-269, concerning the regulation of signs
within the City and extraterritorial jurisdiction of the City in accordance with State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Page 1
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Chapter 6, Article XI, Sections 6-251 to 6-269 of the Code of
Ordinances of the City of The Colony, Texas, is hereby repealed in its entirety, and is replaced
with a new Chapter 6, Article XI, Sections 6-251 to 6-269 of the Code of Ordinances of the City
of The Colony, Texas, entitled "Signs", which shall read as follows:
"Article XI. Signs.
Sec. 6-251. Purpose.
The purpose of this Article is to regulate the location, size, construction, duration, use, and
maintenance of all signs within the corporate city limits and the extraterritorial jurisdiction of the
city on a content-neutral basis. The general objectives of this Article are to balance the rights of
individuals to convey their messages through the lawful use of signs and the rights of the public
to be protected from potential harm, and to promote the health, safety, and welfare of the public,
and to aid in achieving the following goals:
(a) Safety. To promote the safety of persons and property by providing that signs do not:
(1) create a hazard due to collapse, fire, decay and/or abandonment;
(2) obstruct firefighting or police observation; or
(3) create traffic hazards by confusing or distracting pedestrians, motorists or cyclists.
(b) Provide Information. To promote the efficient transfer of information through the
effective use of signs, with messages that:
(1) afford priority to the conveyance of public safety messages;
(2) allow businesses and services to identify themselves to the public;
(3) allow potential customers to locate a business or service; and
(4) ensure that the right of free speech is preserved.
(c) Environmental preservation and aesthetics. To protect the public welfare and to preserve
and enhance the appearance and economic value of the built environment, by providing
that signs:
(1) do not interfere with any scenic views;
(2) do not create visual clutter to persons using the public rights-of-way;
(3) do not create a nuisance to occupants or customers of adjacent property by the
sign's size, height, brightness or materials; and
(4) do not have a detrimental effect on land or property values.
Signs shall be permitted by right in each zoning district in conjunction with any permitted
principal use or authorized special exception according to the standards as set forth in the
sections below.
Sec. 6-252. Authority and Jurisdiction.
Page 2
The provisions of this Article shall apply within the corporate city limits and within the
extraterritorial jurisdiction (ETJ) of the City of The Colony, as defined by the Texas Local
Government Code, Chapters 9, 26, and 42, and pursuant to the express authority and limitations
provided in Chapter 216. For the purposes of these sign regulations, any sign erected or installed
within the ETJ of the city shall be erected or installed in accordance with the standards imposed
for property inside the corporate city limits.
Sec. 6-253. Permit and Inspection Required.
(a) Permit Required. Except as otherwise indicated, no sign may be installed, relocated,
posted, painted, or maintained by any person without first obtaining a permit from the
Chief Building Official.
(b) Application. Any application for a sign permit must include a dimensioned drawing
illustrating the location, design, height, effective sign area measurement, base, frame
materials, color schemes, and letter size of the sign, including a site drawing showing the
location of the sign on the property in relation to other built features. The Chief Building
Official or designee may require more detailed plans to be submitted that are prepared by
a State of Texas registered professional engineer or architect.
(c) Fees. Fees are applicable with most sign permits. Refer to the city's approved Fee
Schedule. Fees are non-refundable.
(d) Construction Materials. All signs shall conform to the city's standard specifications for
building materials and design. Monument signs shall consist of the same material, colors,
and textures as the associated primary structure(s). Monument and pylon signs adjacent
to public rights-of-way shall be landscaped around the base, and shall incorporate
architectural elements into the design, as deemed necessary by the Chief Building
Official and/or the Landscape Ordinance.
(e) Signs Located Within the Gateway Overlay District. Additional sign standards and
regulations for the Gateway Overlay District are found in Chapter 10A, Appendix A,
Zoning, in the Code of Ordinances.
(f) Inspections Required. All signs require inspection by the Chief Building Official or
designee prior to covering electrical work, if applicable, and at the completion of sign
construction.
(g) Permit Expiration. A permit for a sign shall expire if the construction of said sign is not
completed within 180 days after the permit has been issued.
(h) Interpretations. The Chief Building Official shall have the authority to issue written sign
ordinance interpretations. Any person aggrieved by an interpretation shall have the right
to make an appeal according to Section 6-256 of this Article.
Sec. 6-254. Enforcement Authority.
Page 3
(a) The Chief Building Official, or designee is hereby authorized to issue a citation and/or to
order the repair or removal of any dilapidated, illegal, unsafe, unlit or prohibited sign
from property within the corporate City limits and the extraterritorial jurisdiction of The
Colony, in accordance with the enforcement mechanisms set forth in this Article.
(b) If the property owner fails or refuses to comply with this Article, the City shall give
written notice to the property owner. The notice shall be delivered in person or by mail
to the owner. If delivery in person is not possible, or the owner's address is unknown,
notice shall be given as a one-time publication in the City's official newspaper.
(c) A notice of violation shall contain a statement setting forth the requirements of this
section, that the owner has ten (10) days from the date of the notice to correct the
violation and if the owner fails to correct the violation, the City will either abate the
violation or issue a citation. If the owner fails to pay the cost for abatement, a lien shall
be filed against the property.
Sec. 6-255. Removal of a Sign in Violation of Ordinance.
(a) Removal / Impoundment of a Prohibited Sign
(1) Any prohibited sign or non-compliant sign shall be considered a public nuisance
and is prohibited by this Article in the city and its extra-territorial jurisdiction
(ETJ). Upon identification of any prohibited sign, the Chief Building Official or
his/her designee shall provide written notification of the violation to the owner of
the property on which the prohibited sign is located. The notification shall state
that the offending sign shall be removed by the owner, agent or person having
beneficial use of the land, building or structure upon which such sign is located
within the time period prescribed in the written notification of the Chief Building
Official. The notification shall further state that if the prohibited sign is not
removed within a specific timeframe (not to exceed ten (10) calendar days), a
citation may be issued and the city may resort to any civil remedy available, up to
and including impoundment. If any sign is determined to present an immediate
danger to public health, safety, or welfare, the city shall remove it immediately
upon receiving a written court order for such removal. Within ten (10) calendar
days of the removal of the sign, the Chief Building Official shall notify the owner
of the property on which the sign was located of the reason(s) for the removal of
the sign. Any sign authorized by a sign permit number with an expiration date
shall be removed promptly upon the date of expiration. Any sign remaining after
the date of expiration shall be deemed prohibited. The sign permit that provides
the expiration date shall be considered adequate notice of violation.
(2) It shall be unlawful for any person, firm, entity or corporation receiving such
written notification or having an expired sign permit to fail to comply with the
direction of the notification. In the event of failure to comply with such notice
provided, the Chief Building Official is hereby authorized to cause the removal
and impoundment of such sign. Any expenses incident thereto shall be the
responsibility of the owner, agent or person having beneficial use of the land,
building or structure upon which such sign was located.
Page 4
(b) Temporary Nuisance Sign
(1) Temporary nuisance signs are prohibited. A temporary nuisance sign may be
immediately removed and impounded by any city employee, or any person or
organization authorized by the city to remove such temporary nuisance signs.
(2) Disposal of temporary nuisance signs. Temporary nuisance signs may be
disposed of as follows:
(A) Any sign and its supports may be placed in the trash and/or destroyed
immediately.
(B) Responsible Person. The person(s) physically placing the temporary
nuisance sign and/or the owner of the temporary nuisance sign are both
individually and severably responsible for the posting and removal of said
sign. It is also prima facie evidence that the person and/or entity whose
address or telephone number is on a temporary nuisance sign, or is
otherwise named, described, or identified on the sign is the person and/or
entity who owns the temporary nuisance sign.
(C) Obligation to Remove. The city, at the Chief Building Official's sole
discretion, may remove the temporary nuisance sign on its own or may
require the person and/or entity whose address or telephone number is on a
temporary nuisance sign, or is otherwise named, described, or identified
on the sign to remove the temporary nuisance sign. A person and/or entity
whose address or telephone number is on a temporary nuisance sign, or is
otherwise named, described, or identified on the sign has an absolute duty
to remove the temporary nuisance sign at their own cost, within twenty-
four (24) hours of the city sending notice to remove such sign. The city
may notify an individual and/or entity under this section in person, by e-
mail, by mail, or by telephone. An individual and/or entity's failure to
remove a temporary nuisance sign after receiving such notice from the city
shall constitute an offense separate from that of the violation of posting the
temporary nuisance sign.
(c) Maintenance of Signs
(1) All signs, including but not limited to non-conforming signs, shall be maintained
to consistently have a neat appearance and be in full working order. Any sign
panel and/or sign graphic shall be secured and maintained so that it does not
separate from, hang from, or fall from the sign. Any sign panel and/or sign
graphic shall not be faded, ripped, or have any other damage. Any sign or
graphic made up of neon or other lighted feature must maintain the entire lit
portion of the sign at all times.
(2) Any sign panel or sign graphic that advertises a specific event and/or business
shall be removed from the sign within seventy-two (72) hours after the event has
Page 5
taken place. Any sign that remains within thirty (30) days after the business has
closed and ceased operations shall be considered abandoned and shall be
removed.
(3) It shall be unlawful for any person, firm, entity or corporation receiving written
notification of a sign that is neglected and/or in disrepair to fail to comply with
the direction of the notice. In the event failure to comply with such notice
provided under this Article, the Chief Building Official is hereby authorized to
cause the removal and impoundment of such sign upon the issuance of a written
court order authorizing the removal and impoundment of such sign. Any
expenses incident thereto shall be the responsibility of the owner, agent, or person
having beneficial use of the land, building or structure upon which such sign was
located. The city shall invoice the owner, agent, or person having beneficial use
of the land for such expenses incurred by the city associated with the removal and
impoundment of such sign.
Sec. 6-256. Appeals to Sign Ordinance.
(a) Creation of Board. There is hereby established a Sign Board of Appeals 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, three (3) or more members, shall constitute a quorum.
In the event of the absence of the chairman and vice-chairman, the three (3) or more
members constituting the quorum shall elect for that meeting a member to preside and
assume the duties as acting chairman. All motions shall be decided by a simple majority.
(c) Meetings. All meetings shall be open to the public. The Board shall establish the dates,
times and places of meetings.
(d) Records. All proceedings of the Sign Board of Appeals 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 Appeals shall have the following powers and
perform the following duties:
(1) The Sign Board of Appeals may hear and decide appeals which allege error in any
order, requirement, decision, or determination made by the Chief Building
Official in connection with the refusal to grant a permit, revoke a permit, or a
decision involving any substantive or material interpretation of this Article.
(2) A variance shall not be granted to relieve a self-imposed 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:
(A) The requested variance does not violate the intent of the ordinance.
(B) The requested variance will not adversely affect surrounding properties.
(C) The requested variance will not adversely affect public safety.
Page 6
(D) Special conditions exist which are unique to the applicant or property.
(3) All action regarding variances by the Sign Board of Appeals shall be final.
(4) The Sign Board of Appeals shall only exercise those duties which are provided in
this Article.
Sec. 6-257. Sign Placement and Measurement
(a) Location. Any sign within the corporate city limits of The Colony shall be placed within
the buildable area of a lot excluding directional signs, identification signs and subdivision
entry signs, which may be placed in any yard, but not closer than five (5) feet to the right-
of-way. Any sign within the extraterritorial jurisdiction of The Colony shall be placed not
closer than five (5) feet to the ultimate right-of-way, as designated by the city's Master
Thoroughfare Plan.
(b) Sign Area Measurement. For the purposes of this SIGN AREA MEASUREMENT
Article, sign area shall be measured as follows:
(1) Square, rectangular or triangular signs: length
times greatest height of the sign. ACME
(2) Sign composed of individual cutout letters or
USED used
figures: length multiplied by the greatest JI
height of the sign.
(c) Height. Sign height shall be measured from
ground level to the highest element of the sign.
(d) Distance between Signs. Whenever a minimum ACA
distance between signs is indicated in this h/I
Article, it refers to the horizontal distance USED
between signs measured from the points as if
each sign touched the ground.
Sec. 6-258. Prohibited Signs.
Any sign not referenced in, defined by or governed by this Ordinance is prohibited. In addition,
the following signs are specifically prohibited:
(a) Billboard
(b) Off-premises sign
(c) Pole Sign
(d) Portable Sign
(e) Roof Sign
(f) Searchlight
(g) Sign that emits odor or visible matter
(h) Temporary Sign, except as expressly permitted in Section 6-261.
Page 7
(i) Vehicular Sign where its primary function is to have the effect of a stationary or
monument sign
(j) Wind Device
The following signs are also prohibited:
(a) Any sign containing graffiti, obscene, indecent or immoral words, pictures, descriptions
or other matter deemed to be of detriment to the health or morals of the citizens.
(b) Any sign that advertises events, businesses and/or services located outside the corporate
city limits or the extraterritorial jurisdiction (ETJ) of The Colony.
(c) Any sign that could create a conflict with the traveling public or that creates confusion,
impairs hearing or vision, or otherwise unduly attracts a vehicle driver using any public
street, including high intensity bare bulbs, any sign that duplicates traffic signs or signals,
or any sign emitting noises that simulates sirens, bells or any warning devices of
emergency vehicles.
(d) Any sign that is affixed to fences, utility poles, and trees on public or private property or
any sign that is erected in or over a public right-of-way or access easement, except as
allowed in Section 6-2590).
(e) Any sign erected in violation of the Building Code currently adopted by the City, that is
erected or installed without the issuance of a permit, or that does not comply with Federal
or State laws.
(f) Any flashing sign and intermittent lighting of signs or areas:
(1) where it is located within 200 feet of and/or is directly visible from residential
property;
(2) any lighted sign that would, by reason of placement, lack of shielding, noise
generation or character of operation, be adverse to the normal sensibilities of a
person residing on adjacent property or would interfere with the reasonable use,
enjoyment or right of privacy on said property; and/or
(3) any sign or lighting used in conjunction with other moving, flashing,
intermittently lighted, changing colors, beacons, revolving or similarly
constructed signs.
See. 6-259. Exemptions.
The following types of sign shall be exempt from the provisions of this Section and require no
permit or fee:
(a) Athletic field sign
(b) Directional sign not exceeding four and one-half (4%2) square feet in effective sign area
and/or thirty (30) inches in height
Page 8
(c) Governmental sign
(d) Historical or memorial plaque
(e) Mailboxes and/or newspaper rack sign so long as such sign is not placed to interfere with
the safe movement of pedestrians and/or vehicular traffic
(f) Menu board
(g) National, state and/or city flags
(h) Private traffic control sign not exceeding ten (10) square feet in effective sign area and/or
six (6) feet in height, and placed where it will not interfere with the safe movement of
vehicles and/or pedestrians
(i) Railway sign
0) Residential fence sign that does not exceed one (1) square foot in effective sign area
(k) Residential holiday sign
(1) School affiliation sign
(m) Sign on outdoor machines, devices and equipment
(n) Sign/Placard on and/or held by persons
(o) Utility sign
Sec. 6-260. Legal, Nonconforming Signs.
Billboard signs are not allowed within the corporate city limits and the extraterritorial
jurisdiction of the City of The Colony. Every sign lawfully in existence on the date of passage of
this section may have minor repairs and maintenance done without applying for a permit
hereunder, but no such sign or sign facing shall be altered from its original shape or size. A
damaged nonconforming sign shall not be repaired, maintained or replaced if the repairs,
maintenance, or replacement costs exceed fifty-one percent (51%) of the cost of installing a new
sign of the same type in the same location and shall be removed.
(a) Relocation of Legal, Nonconforming Signs.
(1) A legal, nonconforming sign cannot be moved from its original location unless a
permit is issued pursuant to the provisions of this Article.
(2) Any sign that is currently a legal, nonconforming sign may be relocated on the
same lot if the sign is required to be removed through the eminent domain
process. Such relocated sign shall be placed, insofar as possible, in compliance
with all the provisions of this Article.
(b) Registration of Legal, Nonconforming Signs.
(1) Responsibility of Owner. In order for a sign to be registered as a legal,
nonconforming sign, it is the responsibility of the owner of said sign to produce
documentation as follows:
(2) Application. To register an existing billboard, an application shall be made to the
Chief Building Official, on a form provided for that purpose, documenting that
the sign was in existence prior to the adoption of the current sign ordinance and
therefore has established its legal, nonconforming status. The application shall be
Page 9
accompanied with the payment of an applicable fee and any other information
reasonably required by the Chief Building Official. In addition, once the legal,
nonconforming status has been granted, the owner of said sign must continue to
re-register said sign on an annual basis.
(3) Issuance of'Registration Tag. After review by the Chief Building Official, if it is
determined that the billboard has established a legal, nonconforming status, a
registration tag shall be issued to the owner. The owner of the billboard shall
attach the tag in a conspicuous place on said billboard.
(4) Permit Required. Any existing, legal, nonconforming sign must obtain a permit
for any change to the message, display or content on the face of the sign.
(5) Registration Termination. The Chief Building Official shall terminate any
registration tag for a legal, nonconforming billboard sign when it is removed from
the premises for any reason or it has been damaged or destroyed so as to lose its
legal, nonconforming status.
Location
A banner shall be securely attached to the front, side or rear face of a building
A banner may also be located within the front or side landscaped area,
providing the banner is setback a minimum of twenty-five (25) feet from the
front and/or side property line or the building setback line for the specific
zoning district, whichever is greater.
Maximum Effective Sign Area
48 square feet of effective sign area
Minimum Vertical Sidewalk
7 feet in height when attached where pedestrians would walk beneath the
Clearance
banner
Permit
Required
Fee
Yes
Timeframe
Valid for 30 days
During the 30 day time period, the content of the banner may be changed
one time
Maximum Number of
4 banner permits are allowed per business per calendar year
Occurrences
Removal
All banners must be removed on the day of the expiration of the permit
Page 10 GRAND OPENING BANNER
Sec. 6-261. Specific Sign Criteria - Temporary Signs.
Location A grand opening banner shall be
securely attached to the front, side
or rear face of a building.
A grand opening banner may also
be located within the front or side
Maximum Effective Sign Area
Minimum Vertical Sidewalk
Clearance
Permit
Fee
Timeframe
Maximum Number of
Occurrences
Removal
landscaped area, providing the
banner is setback a minimum of
twenty-five (25) feet from the front
or side property line or the building
setback line for the specific zoning
district, whichever is greater.
48 square feet of effective sign area
7 feet in height when attached
where pedestrians would walk
beneath the banner
Required
No
Valid for 30 days
1 Grand Opening banner permit is
allowed per business
All banners must be removed on
the day of the expiration of the
permit
Location
A temporary construction sign shall be placed
outside the right-of-way and/or street medians
Maximum Effective Sign Area
60 square feet of effective sign area
Maximum Height
10 feet
Permit
Required
Fee
Yes
Maximum Number of Signs
3 temporary constructions signs are allowed per
lot
Removal
Must be removed within 72 hours following the
issuance of a certificate of occupancy
Location
A garage sale sign must be placed outside the
right-of-way and/or street medians and may not
be affixed to any signal, traffic, utility or light pole
Maximum Effective Sign Area
3 square feet of effective sign area per sign face
(may be double sided)
Maximum Height
3 feet
Permit
Required
Fee
No
Maximum Number of Signs
6 garage sales signs are allowed per garage sale
Timeframe:
Friday 8:00 am to Mondav 8:00 am
Page 11
MEXICAN
GRILL
't yov'f
CONSTRUCTION
SIGN
Saturday Sam
GARAGE SALE SIGN
zoning districts.
An inflatable sign shall be resting on the roof of a commercial building and/or
be resting on a parking lot, so long as the required number of parking spaces is
maintained
An inflatable sign shall not be located within any required parking spaces,
driveways, fire lanes, in the landscape buffer or in the public right-of-way
Maximum Effective Sign Area
45 square feet of effective sign area
Maximum Height
30 feet
Permit
Required
Fee
Yes
f
Maximum Number of Signs
1 inflatable sign is permitted per business
A4
three times per calendar year.
In the case of multiple businesses or
tenants in a commercial center, no more
than 1 inflatable sign may be located in the
center at any one time
Timeframe Inflatable signs may be utilized for a
maximum of 14 days per permit. Permits
may be consecutive.
Removal All inflatable signs must be removed on the
day of the expiration of the permit
INFLATABLE SIGN
LOST PET
Call 972-555-1234
Maximum Number of Signs 10 signs
Timeframe 7 davs maximum
Location
An open house sign must be placed outside the
right-of-way and/or street medians and may not
be affixed to any signal, traffic, utility or light pole
Maximum Effective Sign Area
3 square feet of effective sign area
Maximum Height
3 feet
Permit
Not Required
Fee
No
Maximum Number of Signs
6 open house signs are allowed per sales location
Timeframe:
Friday 8:00 am to Monday 8:00 am
LOST ANIMAL SIGN
OPEN
HOUSE
h
OPEN HOUSE SIGN
Political Location May be erected on private property Vote for
Shall not be located within any public right-of-way Mayor
Page 12
Location A missing animal sign shall be placed outside the
right-of-way and/or street medians
Maximum Effective Sign Area 4 square feet of effective sign area
Permit Required
Fee No
or median
Shall not be located within 100 feet of any polling
location
Maximum Effective Sign Area
Signs located greater than 100
feet but closer than 500
feet of any polling location: 6 square feet of effective sign area
All other locations: 36 square feet of effective sign area
Maximum Height 10 feet
Permit Not Required
Fee No
Maximum Number of Signs No restriction as to number
Maximum Effective Sign Area
Residential:
6 square feet of effective sign area
Non-residential:
60 square feet of effective sign area
Non-residential along SH 121:
100 square feet of effective sign area
Maximum Height
Residential:
3 feet
Non-residential:
10 feet
Non-residential along SH 121:
20 feet
Permit
Required - non-residential only
Fee
Yes - non-residential only
Removal
5 business days after the sale or lease of
advertised propertv
Sec. 6-262. Specific Sign Criteria - Permanent Signs.
Location Allowed for nonresidential uses or in a residential
zoning district for apartment uses
Awning signs may not extend into or over the right-
of-way
Maximum Effective Sign Area 75% of the width of the awning
Maximum Height 4 feet from base of awning
Minimum Vertical Sidewalk 7 feet in height
Clearance
Required Materials Canvas, metal, wood or other material approved by
the Chief Building Official
Permit Required
Fee Yes
Setbacks Not applicable
Maximum Number of Signs Not applicable
Minimum Spacing between Not applicable
AVAILABLE
New Shoppes Retail
Pad for Sale
C0BtW N*W DrMgpnwd
as sss-sss•ssss
PROPERTY SALE/LEASE
SIGN
4'
SIGN
II1
71
uU
r
AWNING SIGN
Page 13
Location A property sale and/or lease sign shall not be
located within any right-of-way or median
Signs
Special Note Awnings shall be secured to the building and may not
move in anv manner
Permit Not Required; but permission must be
obtained from the owner of the lightpost to
place banners
Fee No
Maximum Number of Signs 2 lightpost signs are allowed on any lightpost
Timeframe None specified
Area
Maximum Total Sign Area 160 square feet
Base Size The height of the base supporting a monument sign shall be at least 25% of the
total sign height
Maximum Height 16 feet (Creating a grade by berming or adding fill to increase the height of the
sign is prohibited)
Materials A monument sign shall have a base and exterior frames that feature the same
materials and color as the primary structure.
Spacing Between Signs 150 linear feet per premises
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
Changeable Electronic Maximum seventy-five (75%) of the effective sign area
Message/Reader Board Each message must be displayed a minimum of 10 seconds and must occur
Component simultaneously on the entire electronic sign face
If located along SH121, FM 423 or other state highway, refer to TxDOT regulations,
where applicable
Permit Required
Fee Yes
Maximum Number of Signs 4 monument signs per multi-tenant commercial development
Page 14
Location A lightpost banner may be located in
commercial, residential and planned
development districts
Maximum Effective Sign Area 24 square feet of effective sign area
Minimum Clearance 9 feet
LIGHTPOST BANNER
Location A monument sign shall not be placed within any visibility site triangle
Minimum 5 feet setback from any non-residential property line
Minimum 50 feet setback from any residential property line
Maximum Effective Sign 96 square feet of effective sign area
Maximum Effective Sign 48 square feet of effective sign area
Area
Total Maximum Sign Area 80 square feet
Base Size The height of the base supporting a monument sign shall be at least 25% of the
total sign height
Maximum Height 8 feet (Creating a grade by berming or adding fill to increase the height of the sign
is prohibited)
Materials A monument sign shall have a base and exterior frames that feature the same
materials and color as the primary structure.
Spacing Between Signs 150 linear feet per premises
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.
Changeable Electronic Maximum seventy-five (75%) of the effective sign area
Message/Reader Board Each message must be displayed a minimum of 10 seconds and must occur
Component simultaneously on the entire electronic sign face
If located along SH121, FM 423 or other state highway, refer to TxDOT regulations,
where applicable
Permit Required
Fee Yes
Maximum Number of Signs 1 monument sign per premises
MULTI-TENANT
COMMERCIAL DEVELOPMENT
MONUMENT SIGN
SINGLE TENANT
COMMERCIAL DEVELOPMENT
MONUMENT SIGN
WITH ELECTRONIC READER BOARD
Page 15
Location A monument sign shall not be placed within any visibility site triangle
Minimum 5 feet setback from any non-residential property line
Minimum 50 feet setback from anv residential orooerty line
Allowed only in nonresidential use or in
a nonresidential zoning district
Projecting sign shall not extend above a
building wall
Maximum Effective Sign Area 12 square feet of effective sign area
Minimum Clearance 8 feet
Permit Required
Fee Yes
Location
Permitted only along the frontage of State
Highway 121 as follows
Minimum 40 feet setback from any side or
rear property line
Minimum 10 feet from any easement or
property line adjacent to a street
Minimum 50 feet setback from any
residential property line
Maximum Effective Sign
100 square feet of effective sign area per
Area
business
500 square feet maximum effective sign
area, regardless of the number of
businesses advertising on the sign
Supports
2 structural supports required (single pole
pylon signs are prohibited)
Supports shall be located at the outermost
extremities of the sign face
PROJECTING SIGN
PYLON SIGN
A
8'
V
No additional signs or advertising may be attached to the support structure
No exposed support piping is allowed
Maximum Height 40 feet (Creating a grade by berming or adding fill to increase the height of the sign is
prohibited)
Materials The structural supports shall be encased in the same materials and color as the
primary associated structure
Spacing Between Signs 150 linear feet per premises
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
Changeable Electronic Maximum seventy-five (75%) of the effective sign area
Message/Reader Board Each message must be displayed a minimum of 10 seconds and must occur
Component. simultaneously on the entire electronic sign face
if located along SH121, FM 423 or other state highway, refer to TxDOT regulations,
where applicable
Page 16
Permit Required
Fee Yes
Maximum Number of 1 pylon sign per commercial development
Signs
Location
Maximum Effective Sign
Area
Allowed only in conjunction with a nonresidential use or in a nonresidential zoning
district
60 square feet of effective sign area or 10% of the fagade, whichever is greater
Changeable Electronic
May be one-hundred
Message/Reader Board
percent (100%) of the
Component
effective sign area
Each message must be
displayed a minimum of 10
seconds and must occur
simultaneously on the
entire electronic sign face
If located along SH121, FM
423 or other state
highway, refer to TxDOT
regulations, where
applicable
Permit
Required
Fee
Yes
Maximum Number of Signs
None specified
Location Allowed in all zoning districts
Maximum Effective Sign 25 square feet
Area
Changeable Electronic
May be seventy-five percent (75%) of the
Message/Reader Board
effective sign area
Component
Each message must be displayed a
minimum of 10 seconds and must occur
simultaneously on the entire electronic
sign face
if located along SH121, FM 423 or other
state highway, refer to TxDOT regulations,
where applicable
Permit
Not required
Fee
No
Maximum Number of Signs
None specified
WALL SIGN
Page 17
WAYFINDING SIGN
Sec. 6-263. Definitions.
Athletic Field Sign. A sign located on or adjacent to an athletic field, and facing the athletic
field, which is used to display the names of teams, scores and/or information relating to an
athletic event.
Attached Sign. Any sign attached to, applied on, or supported by any part of a building located
on premises.
Awning Sign. A permanent sign that is directly applied attached or painted onto an awning,
which is a projection, shelter or structure of canvas, metal, wood, or other similar approved
material that covers a pedestrian walkway and is intended for protection from the weather or as a
decorative architectural feature.
Banner Sign. A temporary sign made of cloth, canvas or other light fabric.
Billboard. An off-premises sign that directs attention to a business, commodity, service, or
entertainment conducted, sold, or offered at a location other than the premises on which the sign
is located.
Buildable Area. The portion of a lot excluding the setbacks required by the zoning ordinance
and any easements, wetlands, and other environmentally sensitive areas.
Building. Any structure that has a roof supported by columns or walls for the shelter, support, or
enclosure intended for persons, animals or material goods for any use or occupancy. When
separated by dividing walls without openings in a manner sufficient to prevent the spread of fire,
each portion of such structure so separated may be deemed a separate building.
Chief Building Official. The Chief Building Official, designee, or other City authorized agent
appointed by the City Manager.
Changeable Electronic Message/Reader Board Component or Sign. A sign or portion of a sign
designed to allow advertising or wording to be changed at periodic intervals, either manually or
electronically and is operated whereby light is turned on and off intermittently, including any
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 a light emitting diode ("LED") or digital
sign, and which varies in intensity or color. A term "changeable electronic message/reader board
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 on Uniform Traffic Control Devices
approved by the Federal Highway Administrator as the National Standard.
Commercial Sign. Any sign utilized for the purpose of benefiting a not-for-profit or for-profit
enterprise, person or activity and/or advertising the sale of a product, good or service, or other
similar venture for the purposes of economic gain.
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, torn, twisted, or unsightly. Dilapidated is further defined as when the
Page 18
sign or its elements are not in compliance with the requirements of the National Electrical Code
and/or the International Building Code currently adopted by the City.
Directional Sign. A sign that directs vehicular or pedestrian movement on the premises or
property, such as but not limited to: entrance, exit, or overhead clearance and which does not
advertise the name of the establishment.
Effective Sign Area Measurement. The entire advertising area of a sign excluding any framing,
trim, or moulding and the supporting structure.
Erect. To build, construct, attach, hang, place, suspend, or affix.
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. A piece of fabric or other approved flexible material attached to a support staff on one end
used as a symbol of a nation, state, political subdivision, corporation, or organization.
Garage Sale Sign. Any sign that directs or draws attention to a sale by a resident of a home or
group of residents for the purpose of selling primarily household goods to the general public on a
limited (not continual) basis.
Governmental Sign. Any sign erected or maintained pursuant to and/or in discharge of any
governmental function, required by law, ordinance, or governmental regulation; or located on
property owned, leased, or under the control of the federal, state or local government.
Hanging Sign. A freestanding sign supported by an extended arm of a single post with the top
edge of the sign face not exceeding eight (8) feet above the grade level (see also Projecting
Sign).
Historic or Memorial Plaque. A commemorative sign of recognized historical societies and/or
organizations.
Identification Sign. A sign giving the nature, logo, trademark, or address, or any combination of
the above, of a building, business, development or establishment on the premises where it is
located.
Illuminated Sign. Any sign which has characters, letters, figures, or designs illuminated by
electric lights, luminous tubes, LED, or other means that are specifically placed to draw attention
to or to provide nighttime viewing of the subject matter on the sign.
Inflatable Sign. 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 or hover.
Legal, Nonconforming Sign. A sign lawfully constructed prior to the adoption of the current
ordinance and continuously maintained, but that does not comply with the current ordinance.
Page 19
Logo. Any design, insignia or other marks which is used in advertising to identify a company,
business or product.
Lightpost Banner. A fabric sign, attached to a traffic, signal, utility or light pole that is not
commercial in nature, but rather identifies or announces a place, event or season.
Mailboxes and/or Newspaper Rack Sign. Any sign located on mailboxes, newspaper vending
machines and/or curbside residential newspaper holders which identify the owner and address of
the premises and/or the name of the newspaper sold or subscribed to.
Marquee Sign. A sign designed to have changeable copy that can be changed either manually or
electronically (see also Electronic Reader Board sign).
Menu Board Sign. A sign that designed to display the menu of a restaurant and its prices used in
conjunction with 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.
Monument Sign. A sign permanently placed upon, or supported by the ground independent of
the principal building or structure on the property.
Multi-Tenant Commercial Development. A building or group of buildings including, but not
limited to, shopping centers and office parks, constructed and managed as a total entity with
customer and employee parking provided on-site.
Nuisance Sign. A sign that is illegally placed in or on areas prohibited by the sign ordinance,
including rights-of-way, medians, utility poles, traffic signs, light poles. Such sign may advertise
websites, door-to-door product sales, and other businesses that may be run as a home business.
Off-Premises 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.
Open House Sign. Any sign that directs or draws attention to a sales event at a particular home
whereby said home is open to the public for viewing for the purposes of a subsequent sale of said
home.
Person. Any individual, firm, partnership, corporation, company, limited liability company,
organization, business or other entity of any kind.
Pole Sign. Any sign that is constructed on a vertical framework consisting of one (1) upright
support secured in the ground.
Political Sign. A temporary sign announcing or supporting political candidates or issues in
connection with a national, state or local election.
Portable Sign. Any sign designed or intended to be relocated, whether or not it is currently
attached to a building or structure or is located on the ground.
Page 20
Premises. A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
Private Traffic Control Sign. Any on-premises sign that directs the movement of traffic on
private property or warns of obstacles or overhead clearances, including, but not limited to,
entrance and exit signs.
Projecting Sign. A sign that is wholly or partially dependent upon a building for support and
extends more than twelve (12) inches from said building.
Property Sale or Lease Sign. Any sign that advertises property for sale or lease. May refer to
vacant land or to developed property.
Pylon Sign. A freestanding sign that has two (2) or more supports and is permanently affixed to
the ground by such supports, but not having the appearance of a solid base.
Railway Sign. Any sign within or on railway property and placed or maintained in reference to
the operation of such railway.
Residential Fence Sign. Any sign affixed to a residence that displays the address numbers and/or
warning or directional signs pertaining only to that residence.
Residential Holiday Sign. Any sign containing only holiday messages with no commercial
advertising.
Roof Sign. A sign mounted on and supported by the roof portion of a building or above the
uppermost edge of a parapet wall and is supported by the building, or a sign that is painted
directly to the roof or top of a building. A sign that is mounted onto mansard facades shall not
be considered a roof sign.
Searchlight Sign. Any use of lighting intended to attract the general public by the waving or
moving of light beams.
School Affiliation Sign. Any sign that designates participation or support for a school or school
activity and is placed on individual residences located within residential zoning districts.
Sign. Any form of publicity or advertising which directs attention to an individual, business,
commodity, service, activity, or product, by means of words, figures, numerals, emblems,
devices, trade names, or trademarks, or other pictorial matter that communicates information of
any kind to the public.
Sign/Placard on Persons. Any hand-carried or held sign, symbol or display on persons.
Special Event Sign. Any free-standing sign specifically announcing one (1) special event held
within the corporate city limits of the City of The Colony sponsored by a civic, non-profit, or
philanthropic organization.
Page 21
Subdivision Entry Sign. Any sign mounted to a screening wall or engraved into a masonry
facade that identifies a development and generally refers to the platted name of a subdivision or
planned development.
Sign on Outdoor Machines, Devices and Equipment. Any sign located on an outdoor machine,
device, or equipment which displays the trademark, trade name, manufacturer, cost, operating or
service instructions, or similar information, but not advertising the business where said
equipment is located. These signs may include, but are not limited to, coin-operated vending
machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive
vacuum cleaners, amusement rides, and similar machines, devices, or equipment.
Total Sign Area. The effective sign area plus any base or support structure.
Temporary Sign. Any sign intended for display for a limited period of time and that is
designated with a time frame as referenced in Section 6-260. (Specific Sign Criteria).
Temporary Nuisance Sign. Any temporary sign placed in the public right-of-way and/or on
public property that is not otherwise expressly allowed to be located within the public right-of-
way and/or on public property, pursuant to this Section.
Utility Sign. Any sign marking utility or underground communication or transmission lines.
Vehicular Sign. Any symbol, wording, and/or graphic painted on or attached to a vehicle, where
said vehicle is placed in view of the traveling public so that its primary function is to have the
effect of a stationary or monument sign, unless said vehicle is used in the normal day-to-day
operation of the business. A vehicular sign for the purpose of this ordinance does not include
any sign that identifies a vehicle used for a business which advertises only the company name,
address and phone number.
Visibility Triangle. Twenty (20) feet measured from any intersection back in both directions and
the diagonal line that would connect the two perpendicular lines. This area shall be kept free of
all structures, signs, landscaping or anything that may interfere with the safe operations of a
vehicle.
Wall Sign. A sign affixed to or painted on an exterior wall.
Wayfinding Sign. A sign erected by a governmental entity that indicates the general direction to
a civic place, such as a park, school or civic center; or a sign that indicates the presence of
various civic or philanthropic groups within the city, such as the Lions Club or Kiwanis Club.
Such sign is typically part of an overall city theme which promotes and supports tourism.
Wind Device. Any pennant flag, streamer, feather sign, spinner, balloon, or similar devices made
of cloth, canvas, plastic, or any flexible material designed to float or move freely. Flags,
inflatable signs, and banners shall not be considered a wind device.
Sees. 6-264 -6-269. Reserved."
Page 22
SECTION 3. 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 4. 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 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 THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5th day of April , 2011.
J9 McCou , Mayor
ATTEST:
f~ A~IA J11 J))
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, ity Attorney
1<0
t Yf ✓ o ~ YC'f
t n a- F'e
,1y
Page 23