HomeMy WebLinkAboutOrdinance No. 2012-1950
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1950
SIGN ORDINANCE REVISIONS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN ORDINANCE REVISING THE
CODE OF ORDINANCES, ARTICLE XI OF CHAPTER 6, ENTITLED
"SIGNS," BY AMENDING SECTION 6-254 ENTITLED
"ENFORCEMENT AUTHORITY," BY REVISING SUBSECTIONS (A)
AND (B) AND ADDING A NEW SUBSECTION (C), BY AUTHORIZING
THE ISSUANCE OF CITATIONS OR ORDER THE REPAIR OR
REMOVAL OF DILAPIDATED, ILLEGAL, UNSAFE, UNLIT, OR
PROHIBITED SIGNS, PROVIDING FOR NOTICE TO THE PROPERTY
OWNER, TENANT, AGENT, OR PERSON HAVING BENEFICIAL USE
OF THE SIGN, PROVIDING THAT THE NOTICE INDICATE THE
PERIOD OF TIME FOR COMPLIANCE NOT TO EXCEED TEN (10)
DAYS; AMENDING AND RENAMING SUBSECTION 6-255(A), AS
"REMOVAL/IMPOUNDMENT OF PROHIBITED AND ABANDONED
SIGNS," AND PROVIDING REGULATIONS FOR REMOVAL AND
IMPOUNDMENT OF PROHIBITED AND ABANDONED SIGNS;
AMENDING SECTION 6-261 ENTITLED "SPECIFIC SIGN CRITERIA -
TEMPORARY SIGNS," BY AMENDING SUBSECTION (A) ENTITLED
"BANNER ADVERTISING A COMMERCIAL USE," BY REPEALING
SUBSECTION (D) ENTITLED "GARAGE SALE SIGN" AND
REPLACING IT WITH A NEW SUBSECTION (D)(1) ENTITLED "SIGNS,
INDIVIDUAL GARAGE SALE," (D)(2) ENTITLED "SIGNS,
COMMUNITY GARAGE SALES (SUBDIVISIONS AND HOAS)", AND
(D)(3) ENTITLED "SIGNS, GROUP GARAGE SALE (NOT-FOR-PROFIT
GROUPS)," AND BY ADDING SUBSECTION (J) ENTITLED "FEATHER
SIGNS"; AMENDING SECTION 6-262, ENTITLED "SPECIFIC SIGN
CRITERIA - PERMANENT SIGNS" BY REPLACING SUBSECTION (B
)
ENTITLED "LIGHTPOST BANNER" WITH A NEW SUBSECTION (11)(1)
ENTITLED "LIGHTPOST BANNERS (PRIVATELY OWNED
LIGHTPOSTS)," ADDING A NEW SUBSECTION (13)(2) "LIGHTPOST
BANNERS (PUBLICLY OR UTILITY OWNED LIGHTPOSTS)," BY
ESTABLISHING REGULATIONS FOR BANNERS TO BE PLACED ON
LIGHTPOSTS, AND BY ADDING A NEW SUBSECTION (J), ENTITLED
"FLAGS AND FLAGPOLES," BY ESTABLISHING REGULATIONS FOR
FLAGS AND FLAGPOLES; AMENDING SECTION 6-263, ENTITLED
"DEFINITIONS," BY ADDING A NEW DEFINITION FOR
"ABANDONED SIGN," "COMMUNITY GARAGE SALE," "FEATHER
SIGN," "FLAGPOLE," "GROUP GARAGE SALE," AND "INDIVIDUAL
GARAGE SALE," AMENDING THE DEFINITION OF "WIND
DEVICES," AND REPEALING THE DEFINITION OF "OCCASIONAL
SALES," PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
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REPEALER 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, removal and/or impoundment 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 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, Texas, is hereby amended by amending Section 6-254, entitled
"Enforcement Authority," to read as follows:
"(a) The Chief Building Official or his 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 (ETJ) of
The Colony, in accordance with the enforcement mechanisms set forth in this article.
(b) If the property owner or tenant, agent or person having beneficial use of the sign refuses
to comply with this Article, the City shall give written notice to the property owner
and/or the person having beneficial use of the sign. The notice shall be delivered in
person or by mail to the property owner or tenant, agent or person having beneficial use
of the sign. If delivery to property owner and/or the person having beneficial use of the
sign is not possible, a one-time notice shall be published in the City's official newspaper.
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(c) A notice of violation shall contain a statement setting forth the requirements of this
section and include the period of time in which the Chief Building Official or his
designee deems appropriate for compliance or correction, but not to exceed ten (10) days.
If the sign is brought into compliance within the prescribed time period, no further action
will be taken by the City. If the sign is not brought into compliance within the prescribed
time period, a citation will be issued to the property owner and/or the person having
beneficial use of the sign. Any costs incurred by the City in the reconstruction or
removal of a sign found to be in violation shall be reimbursed by the property owner or
the person having beneficial use of the sign. Every day in violation constitutes a new
violation. If the property owner or the person having beneficial use of the sign fails to
reimburse the City for the costs associated with the removal of the sign or for the costs of
bringing the sign into compliance, a lien shall be filed against the property."
SECTION 3. That Chapter 6, Article XI, Entitled "Signs," of the Code of Ordinances
of the City of The Colony, Texas, is hereby amended by amending Subsection 6-255(a), entitled
"Removal/impoundment of a prohibited sign" to be renamed as "Removal/impoundment of
prohibited and abandoned signs," and shall read as follows:
"(a) Removal/impoundment of prohibited and abandoned signs.
(1) Any prohibited sign or non-compliant sign within the corporate City limits and
the extraterritorial jurisdiction (ETJ) of The Colony shall be considered a public
nuisance and is prohibited by this Article. Upon identification of any prohibited
sign, the Chief Building Official or his/her designee shall provide written
notification of the violation to the property owner or tenant, agent or person
having beneficial use of the sign. The notification shall state that the offending
sign shall be removed by the owner, agent or person having beneficial use of the
sign within the time period deemed appropriate by the Chief Building Official or
his designee for compliance or correction, but not to exceed ten (10) days. The
notification shall further state that if the prohibited sign is not removed or brought
into compliance within the timefeame specified within the notification letter (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 the sign immediately upon receiving a written court order for
such removal. The Chief Building Official or his designee shall notify the
property owner or tenant, agent or person having beneficial use of the prohibited
sign, within ten (10) calendar days following the removal of the sign, the
reason(s) for the removal of the sign. Any sign authorized by a sign permit that
includes an expiration date shall be removed promptly upon the date of permit
expiration. Any sign remaining after the date of permit expiration shall be
deemed prohibited and be subject to immediate removal and impoundment by the
City. The sign permit that provides the expiration date shall be considered
adequate notice of violation and no other notice is required.
(i) It shall be unlawful for any removable sign that has been determined to be
abandoned by the Chief Building Official or his designee to remain in
place and shall be removed entirely within thirty (30) calendar days of the
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advertising entity's business closure.
(ii) It shall be unlawful for any monument or pylon sign that has been
determined to be either partially or completely abandoned by the Chief
Building Official or his designee to have the abandoned portion remain.
The abandoned portion of the monument or pylon sign shall be replaced
with a blank white fascia within thirty (30) calendar days of the
advertising entity's business closure."
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(2) The City reserves the right to deny any new sign permits to any person, business
or entity found to repeatedly violate the provisions set forth in removal or
remediation requirements of this ordinance."
SECTION 4. That Chapter 6, Article XI, Entitled "Signs," of the Code of Ordinances of
the City of The Colony, Texas, is hereby amended by amending Section 6-261 entitled "Specific
Sign Criteria - Temporary Signs," by amending subsection (a) entitled "Banner Advertising a
Commercial Use;" by repealing subsection (d) entitled "Garage Sale Sign" and replacing it with
a new subsection (d)(1) entitled "Signs, Individual Garage Sale," (d)(2) entitled "Signs,
Community Garage Sales (Subdivisions and HOA's)", and (d)(3) entitled "Signs, Group Garage
Sale (Not-For-Profit Groups)," and by adding a new subsection 0) entitled "Feather Signs",
which shall read as follows:
(a) Banner Advertising a Commercial Use
Location A banner shall be securely attached to the front, side or rear face of a
building
A banner sign may be located within the front or side landscaped area
of a lot, providing the banner is set back from the right-of-way a
minimum of 50 feet. In these cases, a scaled site plan drawing shall be
submitted to the Development Services Director who will ascertain
appropriate placement of the banner
Maximum Effective 48 square feet
Sign Area
Maximum Number 1 banner sign is allowed at any given time for any given business
Maximum Number 3 banner permits are allowed per business per calendar year
of
Occurrences/Year
Minimum Vertical 7 feet in height when attached where pedestrians would walk beneath
Sidewalk Clearance the 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
No banner may be displayed concurrently with feather signs
Removal All banners must be removed on the day of the expiration of the permit
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• Signs, Individual Garage Sale
,
Purpose To regulate the maximum number of signs that
may be legally placed within the City for a
garage sale hosted by one family Saturday Sam
Location Any 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 GARAGE SALE SIGN
Maximum 3 square feet of effective sign area per sign face
Effective Sign Area (may be double sided)
Maximum Height 3 feet
Maximum 6 signs
Number of Signs
Permit Required
Fee No
Timeframe: Friday 8:00 am to Monday 8:00 am*
*If applicant wishes to propose alternate three (3) consecutive days for the
sale, the alternate days shall be requested on the application.
(d)2. Signs, Community Garage Sales (Subdivisions and •A
Purpose To regulate the maximum number of signs that may be legally placed
within the City for a garage sale hosted by a subdivision, HOA or any
similar group
Location Any garage sale sign must be placed outside the right-of-way and/or
street medians and may not be affixed to any public or utility owned
signal, traffic, utility or light pole
Maximum Effective 3 square feet of effective sign area per sign face (may be double sided)
Sign Area
Maximum Height 3 feet
Maximum Number of 12 signs
Signs
Permit Required
Fee No
Timeframe: Friday 8:00 am to Monday 8:00 am*
*If applicant wishes to propose alternate three (3) consecutive days for
the sale, the alternate days shall be requested on the application.
(d)3. Not-for-Prof it Groups)
Purpose To regulate the maximum number of signs that may be legally placed
within the City for a garage sale hosted by snot-for-profit group,
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generally on a public, commercial site
Location of Signs Any group garage sale sign and/or banner 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
Signs for Group Maximum Effective Sign 3 square feet of effective sign area per
Garage Sale Area sign face (may be double sided)
Maximum Height 3 feet
Maximum Number of Signs 12 signs
Permit for Signs Required
Fee Free for regular signs
Timeframe Friday 8:00 am to Monday 8:00 am*
*If applicant wishes to propose
alternate three (3) consecutive days for
the sale, the alternate days shall be
requested on the application.
Banners for Group Maximum Number of Group garage sales may display one (1)
Garage Sales Banners banner advertising the sale
Permit for Banner Required
Fee Per the Development Services Fee
Schedule
Timeframe May be displayed up to 5 working days
prior to the sale in addition to during the
sale
(j) Feather Signs
Purpose To allow applicants an alternative method of es#',
advertising special events and/or sales
Location Feather signs may be placed in the front yard of
any business within a landscaped and/or grassy
area
Feather signs shall be located on the same lot
as the applicant's business and directly in front
of the business
In cases where a pad site, another parcel or
structure interferes with the usual placement f
of feather signs directly in front of the business,
the Chief Building Official will determine the
appropriate placement and his decision
regarding placement will be final
FEATHER SIGNS
Where a sidewalk exists, the placement of the feather signs shall be located
on the opposite side of the sidewalk from the right-of-way and set back a
minimum of 2 feet from the sidewalk
Where no sidewalk exists, the placement of the feather signs shall be set
back a minimum of 10 feet from the back-of-curb
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No feather signs shall be placed in the right-of-way or medians
No feather sign shall encroach over or onto any public right-of-way or
visibility triangle
Maximum Height 15 feet
Maximum 30 square feet of effective sign area
Effective Sign Area
Maximum The maximum number of signs shall be calculated based on the width of
Number of Signs the fagade or face of the business that will be utilizing the feather signs, as
per Business follows:
0 - 50 feet wide - maximum 3 signs
51 - 100 feet wide - maximum 5 signs
101 - 200 feet wide - maximum 7 signs
201 feet and greater- maximum 10 signs
Feather signs shall be spaced a minimum of 15 feet from another feather
sign and be located a minimum of 10 feet from any drive providing ingress
and egress
A scaled site plan drawing showing the proposed location of the feathers
signs shall be submitted to the Development Services Director who will
ascertain the appropriate placement of the feather signs
Maximum 3 permits for feather signs are allowed per business per calendar year
Number of
Permits/Year
Timeframe Valid for 30 days
No feather signs may be displayed concurrently with a banner
Permit Required
/Application
Fee Yes
Removal All feather signs must be removed on the day of the expiration of the
permit
SECTION 5. That Chapter 6, Article XI, Entitled "Signs," of the Code of Ordinances of
the City of The Colony, Texas, is hereby amended by amending Section 6-262 entitled "Specific
Sign Criteria - Permanent Signs," by repealing subsection (b) entitled "Lightpost Banners" and
replacing it with subsection (b)(1) entitled "Lightpost Banners (Privately Owned Lightposts)"
and (b)(2) entitled "Lightposts Banners (Publicly or Utility Owned Lightposts)," and by adding a
new subsection 0) entitled "Flags and Flagpoles," which shall read as follows:
• Lightpost Banners (Privately • vni(od'' If iii f iifkloKUrJ
Purpose To regulate the use of lightposts owned by a homeowners association or
other similar entities, for display of banners that advertise events or other
activities solely sponsored by the entity owning the lightposts and for events
or other activities occurring within the City of The Colony
Prohibited Types Banners for commercial use; political campaigns, or garage sales
Authority The governing body of the homeowners' association or another similar
entity demonstrating ownership of private lightposts shall have sole
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authority as to the use and appropriateness of the banners placed on said
privately owned lightposts
Location Citywide
Maximum 24 square feet of effective sign area per banner
Effective Sign Area
Minimum 9 feet
Clearance
Permit Not required for any banner affixed to a private lightpost
Fee No
Maximum 2 banners are allowed on any lightpost
Number of Signs Each banner may be double-sided
Timeframe None specified
• Banners (Publicly • Utility Owned Lightposts)
Purpose To regulate the use of publicly or utility owned lightposts for display of
banners that advertise events or other activities occurring within the City of
The Colony
Prohibited Types Any commercial use (excluding those special events that are sponsored, in
whole or in part, by the City); political signs, garage sale signs
Authority The Development Services Director, or his designee, shall make decisions as
to the use and appropriateness of the banners placed on said publicly or
utility owned lightposts
Location Citywide
Maximum 24 square feet of effective sign area per banner
Effective Sign Area
Minimum 9 feet
Clearance
Permit Not required for any banner affixed to a public or utility owned lightpost
Fee No
Maximum 2 banners are allowed on any lightpost
Number of Signs Each banner may be double-sided
Timeframe None specified
(k) Flags and Flagpoles
Purpose To allow the display of national, state, local or organizational flags within the
city limits.
Location A flag and flagpole may be placed in the front and/or rear yard of the lot. No
flags shall be placed in the right-of-way or medians.
Flags in residential zoning districts may be placed in ground or attached to
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the primary structure
Flags shall not be attached to fences
Flags shall not be attached to trees
No flag shall encroach over or onto any public right-of-way
Maximum Height Residential = 35 feet
(from ground Commercial less than 4 stories = 50 feet
level) Commercial 4 stories or greater = 75 feet
Maximum Flag Residential = 35 square feet
Area Commercial =70 square feet
Flagpole Support Guy wires or similar support features are prohibited.
Maximum Residential = 1
Number of Commercial = 4; however, no more than 1 corporate identity flag may be
Flagpoles flown on any property
Permit Flagpoles 20 feet in height or less - Not Required
/Application Flagpoles over 20 feet in height - Required
Fee Flagpoles 20 feet in height or less - No
Flagpoles over 20 feet in height - Yes
Installation Flagpoles over 20 feet in height - Requires a professional contractor to
install.
SECTION 6. That Chapter 6, Article XI, entitled "Signs," of the Code of Ordinances of
the City of The Colony, Texas, is hereby amended by amending Section 6-263, entitled
"Definitions," by adding new definitions for "Abandoned Sign," "Community Garage Sale,"
"Feather Sign," "Flagpole," "Group Garage Sale," "Individual Garage Sale," and by revising the
definition for "Wind Devices" to be inserted and incorporated alphabetically into Section 6-263
and to read as follows:
"Abandoned Sign. Any sign that remains in place and continues to advertise a business of entity
that has ceased operations or has closed for thirty (30) days or more following said closure or
ceasing of operations shall be considered abandoned."
"Community Garage Sale. An occasional sale occurring at the residences of several individuals
within one subdivision or in one (1) general geographic area, where the residents work together
to share advertising and other costs; and whereby tangible personal property is sold for the
monetary benefit of the property owners or residents individually."
"Feather Sign. A device temporarily placed in the ground for the purpose of attracting attention
to a business and/or event made of an upright pole and a flexible fabric area on which the
signage is placed that is intended to move with wind currents."
"Flagpole. A device permanently placed in the ground for the purpose of flying a flag of the
nation, state, political division or organization."
"Group Garage Sale. An occasional sale generally occurring at a commercial site, whereby a
not-for-profit group or organization sells tangible personal property for the general purpose of
fund-raising."
"Individual Garage Sale. An occasional sale occurring at the residence of an individual,
whereby tangible personal property is sold for the monetary benefit of the property owner or
resident."
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"Wind Device. Any pennant flag, streamer, 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."
SECTION 7. That Chapter 6, Article XI, entitled "Signs," of the Code of Ordinances of
the City of The Colony, Texas, is hereby amended by amending Section 6-263, entitled
"Definitions," by repealing the definition of "Occasional sales."
SECTION 8. 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 frill
force and effect.
SECTION 9. 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 10. 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 11. This Ordinance shall become effective from and after its date of passage
in accordance with law.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 3rd day
of April, 2012.
G
Jo McCourry ayor
ATTES rt ~z {
Christie Wilson, City Secretary
APPROVED AS TO FORM:
T '-r
FY. P~,~
Jeff Moor,;' City Attorney
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