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O-1367-9-95ORDINANCE NO. 1367-9-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AMENDING SIGN REGULATIONS ORDINANCE NO. 1198-9-93, AS - PREVIOUSLY AMENDED, SO AS TO REGULATE CONSTRUCTION, REPAIR, PLACEMENT, HEIGHT, AREA, AND CE OF SIGNS IN THE CITY OF ALLEN; PROVIDING FOR EXHIBIT "A;" PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $500.00; PROVIDING FOR A SEVERABIIITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sign Control Board of the City of Allen, Texas, has conducted continuing studies of the City of Allen sign regulations; and, WHEREAS, the Sign Control Board has conducted continuing studies of sign ordinances in neighboring municipalities where such study will assist in upgrading the function of signing within the City of Allen; and, WHEREAS, the Sign Control Board has recommended amendments to the City of Allen Sign Regulations Ordinance No. 1198-9-93 for evaluation by the City Council; and, VIEWIREAS, the City Council of the City of Allen has evaluated the recommendations of the Sign Control Board and is in agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION -1: From and after the effective date of this ordinance, City of Allen Sign Regulations Ordinance No. 1198-9-93, as previously amended, be, and is hereby, amended as indicated by Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Sign Regulations Ordinance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. SECTION 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 21STDAY OF SEPTEMBER , 1995. APPRO_W-0-AS TO FORM: A. Don Crowder, CITY ATTORNEY Ordinance No. APPROVED: JoE Farmer, MAYOR ATTEST: Ju Mo CMC, CITY SECRETARY 1367-9-95 Page 2 ORnrkNCE NO. 1367-9-95 EXHIBIT "A" SECTION 3. CLASSIFICATION OF SIGNS A. CLASS 1 - Minor Signs 4. Temporary political which do not exceed 32 square feet in area are allowed only on private commercial property as follows: Each candidate may have one (1) such sign per intersection. Such signs shall be limited to eight (8) feet in height; and securei Tattac[Tti Lto-the grbund'witEposfs #hat willsup"potf"th'e striictu�e aiidMwithstandihe ele"Tr`iehts torema�n�m rtical alignment--eaMStFueted with -"at least 14'4suitabi N i set *n of eeneFe`eIf located on a corner lot, such signs may not be located within a 25 -foot corner clip of the paving intersection. Temporary political signs which do not exceed 3 square feet in area are allowed in right-of-way as follows: Each candidate is allowed only four (4) such signs within 200 linear feet of any corner and, continuing along the right-of-way, within each 200 linear foot distance thereafter. In single- family use districts, they must be on private property and not in the right- of-way. No political signs shall be allowed in any street median. B. Class 2 - Window Signs (Permit not required) - --:: --- 4 ___ - - ____ - - - 5. Sigrisftached'tb�r"pairitelon'he uifeinal surface'of the windor _ .. M., 6f pain#edh on :tYie e'�#�rria1F sui?face with wader-duralile paint; of ari dstafili§h-Mi t m- omm reial.or ret-ailydistfic'�dve1Using seit is "s; - prodectsor. aces ith 'said eMbIishmentlor- which announ"rre"ieniu of said=e'stablialuiieiit. D. CLASS 4 - Temporary Promotional Signs 2. Balloons, or other floating devices, promoting a merchandise program or opening of a retail or commercial establishment or center with a maximum single use period of thirty (30) days with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given establishment or center. Such devices shall ber,hmited"in h" igfit to the heiglit: restriction for' -tliat zoning-dis�ict, allowed .,: � .._. - �. _ n r -shall be nonilluminated, and tethered to the ground or structure. 6. Surface of the sign area is limited to a maximum of 12 square feet. All allowable advertising must be pawed oti affixed _to the surface of the structure. SECTION 10. SIGN CONTROL BOARD 3. The existing mernbefship She!! Femain on fGFee. Upon expffiffltieH of existing 2) yeaf A member shall be eligible for reappointment. yeafs- No m_e_mberislull'!Ki_ppointed"to}th'e;Boa�d:for"more th�n'three�(t3); sacce`ssive=fdII!terms. �In the event of a vacancy, the City Council shall appoint a member to serve the unexpired term. In the event a replacement or reappointment has not been made at the end of a member's designated term, said member will continue to serve until reappointed or replaced. O^.DDIANIC 170. 1367-9-95 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1367-9-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 27 & September 30, 1995 and which was issued on September 27, 1995 by City- b f Allen of COLLIN COUNTY, TEXAS A printed copy of said publi 'on is attached hereto. GG SUBSCRIBED A S RN to before me this M day A.D. 19 %5 aC:4d� NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 3 6 . 0 0 MY COMMISSION EXPIRES December 5,1996 T CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 21, 1995 (Title only): Ordinance No. 1367-9-95: An Ordinance of the City of Allen, Collin County, Texas, Ammending Sign Regulations Ordinance No. 1198-9-93, as Previously Amended, so as to Regulate Construction, Repair, Placement, Height, Area, and Mainte- nance of Signs in the City of Allen; Provid- ing for Exhibit "A"; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500); Providing a Severability Clause; and Providing for an Effective Date. Any person, firm, or corporation violating any of the provisions or terms of this ordi- nance shall be subject to the same penalty as provided for in Sign Regulations Ordi- nance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a flee not to exceed the sum of Five Hundred Dollars ($500) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary ,CITY OF ALLEN -M.PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 21, 1995 (Title only): Ordinance No. 1367-9-95: An Ordinance of the City of Allen, Collin County, Texas, Ammending Sign Regulations Ordinance No. 1198-9-93, as Previously Amended, so as to Regulate Construction, Repair, Placement, Height, Area, and Mainte- nance of Signs in the City of Allen- Provid- ing for Exhibit "A"; Providing fora Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500); Providing a Severability Clause; and Providing for an Effective Date. Any person, firm, or corporation violating any of the provisions or terms of this ordi- nance shall be subject to the same penalty as provided for in Sign Regulations Ordi- nance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense. A copy of this ordinance maybe read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary