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HomeMy WebLinkAboutOrdinance No. 2011-1921 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011-1921 CODE OF ORDINANCES - SIGN ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 6, ARTICLE XI, ENTITLED "SIGNS," SECTION 6-262, BY ADDING A NEW SUBSECTION 6-262(i), ENTITLED "ORGANIZATION EVENT SIGNS," AMENDING SUBSECTION 6-263, DEFINITIONS; ESTABLISHING REGULATIONS FOR ORGANIZATION EVENT SIGNS; 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, 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, 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 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. SECTION 2. That Chapter 6, Article XI, Entitled "Signs," of the Code of Ordinances of the City of The Colony is amended by adding a new Section 6-262(1), entitled, "Organization Event Signs," to read as follows: Page 1 Organization Event Signs Purpose To reduce visual clutter by providing permanent signs in various locations around the city to advertise events, notices, etc. by organizations that are Co-Sponsored by the City, have a contractual agreement with the City, and not-for-profit groups that are based within the City of The Colony for events which take place within the City of The Colony (See Section 6-263, Definitions, for a more detailed definition of eligible groups and events). Materials All placards advertising an event and placed within the Organization Event Signs shall be of pliable magnetic materials and shall be 11%2 inches in height and 48 inches wide. Eligibility No commercial businesses are allowed. The group applying to advertise placards for an event shall meet one of the following criteria: (a)A group that is co-sponsored or has a contractual agreement with the City of The Colony and has a not-for-profit status; (b)A group that is co-sponsored or has a contractual agreement with the City of The Colony and is a for-profit entity, but is advertising only for a special event outside of normal commercial activity; or (c)A group that is not co-sponsored and/or does not have a contractual agreement with the City of The Colony, but has a not-for-profit status. Permit/ Yes. A permit/application is required. Groups desiring to include a placard Application advertising an event on the Organization Event Signs must apply for a permit using either (1) the Special Event Packet (which includes the Organization Event Sign Permit Application form) or (2) by using the Organization Event Sign Permit Application form by itself. Fee Yes. A fee is required as shown in the Adopted Fee Schedule (if the group has paid for a Special Event Permit, the Organization Event Sign Permit fee is included in that fee). Deadlines Application shall be made a minimum of thirty (30) days and not more than six (6) months prior to the desired start date of the placards being posted. Duration Placards advertising events will typically be posted on Mondays, with the exception of those Mondays that fall on a City-observed holiday or a City- called inclement weather day. If a holiday or an inclement weather day falls on a Monday, placards will typically be posted on the first available day in which City Hall is open. All placards advertising a single event shall be posted up to a maximum period of twenty-one (21) days. The twenty-one (21) day period begins the first day the placard advertising an event is posted. Each separate advertised event may occupy only one (1) placard per Organization Event facade in any given twenty-one (21) day time period. No single group shall be permitted to advertise on the Organization Event Sign more than three (3) times within a six (6) month period, starting from the date of application. A single advertised event may occupy a placard space for two consecutive twenty-one (21) day periods, so long as space is available on the Page 2 Organization Event Sign and a second application is timely received by the City. However, other groups that have timely applied for placard space shall be given priority over groups applying for a second consecutive twenty-one (21) day period of advertising. If any consecutive twenty-one (21) day time period is granted by the City, the second twenty-one (21) day time period shall count towards the number of times that the group is permitted to advertise within a six (6) month period. SECTION 3. That Chapter 6, Article XI, entitled "Signs," of the Code of Ordinances of the City of The Colony is amended by amending Section 6-263, entitled "Definitions," by adding new definitions for "Organization Event Sign," and "Placard for Organization Event Sign," to be inserted and incorporated alphabetically into Section 6-263 and to read as follows: Organization Event Sign. An Organization Event Sign is defined as a sign used to advertise an infrequent special event outside of normal activities which is likely to attract visitors, and is an opportunity for leisure, social or cultural experiences by attendees. To qualify for advertisement of such an event on City signs, the hosting group shall meet one of the following criteria: (a) A group that is co-sponsored or has a contractual agreement with the City of The Colony and has a not-for-profit status; (b) A group that is co-sponsored or has a contractual agreement with the City of The Colony and is a for-profit entity, but is advertising only for a special event outside of normal commercial activity; or (c) A group that is not co-sponsored and/or does not have a contractual agreement with the City of The Colony, but has a not-for-profit status. Such special events may include, but are not limited to, any public amusement or event that will take place on a public right-of-way, exhibitions, automobile shows, tournaments, running events, festivals, carnivals, air shows, group garage sales, outdoor shows/concerts, craft fairs, block parties, parades and religious events within the City of The Colony. Due to space limitations, qualifying for use on City signs does not guarantee placement on any or all of the signs. City Staff will assign placement of individual event placards to sign locations on a first-come, first-serve basis. Placard for Organization Event Signs. A placard is a removable sign that is designed to fit in the permanent Organization Event Signs that are placed by the City in the rights-of-way within the City of The Colony. Such placards shall be 11'/2 inches in height and 48 inches wide and made of a pliable magnetic material suitable for the design specifications of the Organization Event Signs. SECTION 4. If any section, article paragraph, sentence, clause, please 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. Page 3 SECTION 5. 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 6. Any person, firm, or corporation knowingly 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 7. 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 4TH day of OCTOBER -52011. J, e McCourry, Mayor ATTEST, ; r- 4 { 'k t C (tit Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, Ci y Attorney i ~I Page 4