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HomeMy WebLinkAboutO-477-11-83ORDINANCE NO. 477-11-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE SIGN REGULATIONS ORDINANCE NO. 374-10-81, SECTION 10-5, BY REQUIRING THAT THE SIGN CONTROL BOARD ELECT ITS OWN OFFICERS; PROVIDING FOR A PENALTY CLAUSE, A SEVERABILITY CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has reviewed the Sign Regulations Ordinance No. 374-10-81 and has concluded that the designation of officers of the Sign Control Board by the City Council is inconsistent with ordinances regulating other boards and commissions of the city; and, WHEREAS, the City Council is of the opinion that Section 10-5 of the Sign Regulations Ordinance No. 374-10-81 should be consistent with officer appointments of other boards and commissions; and, WHEREAS, the City Council is of the opinion that the Sign Control Board Officers be elected from their own members; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That from and after the effective date of this ordinance, Section 10-5, of the Sign Regulations Ordinance No. 374-10-81, pertaining to the appointment of Board Officers, be amended to read to wit: "5. Board Officers: The Sign Control Board shall elect its own officers and each officer shall serve for a period of one year or until his successor is elected." SECTION 2. That all provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance are hereby repealed and all other revisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That any person violating any provisions or terms of this ordinance shall be subject to the same penalty as provided for in the City of Allen, Texas, Sign Regulations Ordinance No. 374-10-81 as heretofore amended, and upon con- viction shall be punished by fine not to exceed the sum of $200.00 for each offense and each and every aay such violations shall continue shall be deemed to constitute a separate offense. SECTION 4. That it is the intent of the City Council that every provision thereof shall be considered severable and the invalidity of any section, clause, or provision, or part or portion of any section, clause, or provision of this ordinance shall not effect the validity of any other portion of this ordinance. SECTION 5. This ordinance shall become effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED dY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this the 17th day of November , 1983. M. B. Terson, MAYOR ATTEST: Marty Hendrix, ITY SECRETARY APPROVED AS TO FORM: A. Don Crowder, CITY ATTORNEY ORDINANCE NO. 477-11-83 - Page 2 CITY SEMURY L CITY OF ALLEN Sign Regulations Ordinance CITY OF ALLEN ORDINANCE NO, 374-10-81 SIGN REGULATIONS INDEX SECTION 1. SHORT TITLE SECTION 2. DEFINITIONS SECTION 3. CLASSIFICATIONS OF SIGNS A. CLASS 1 - MINOR SIGNS B. CLASS 2 - WINDOW SIGNS C. CLASS 3 - TRAFFIC RELATED SIGNS D. CLASS 4 - TEMPORARY PROMOTIONAL SIGNS E. CLASS 5 - MAJOR FREESTANDING SIGNS F. CLASS 6 - FREEWAY SIGNS G. CLASS 7 - MAJOR ATTACHED SIGNS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS A. SINGLE FAMILY & DUPLEX RESIDENTIAL DISTRICTS B. APARTMENT DISTRICTS C. OFFICE AND TECHNICAL -OFFICE DISTRICTS D. INDUSTRIAL DISTRICTS E. RETAIL & COMMERCIAL DISTRICTS F. SUMMARY OF DISTRICTS BY TABLES PAGE NUMBER 1 1 3 3 7 7 8 10 11 12 13 13 14 15 17 18 20 CITY OF ALLEN ORDINANCE NO. 374-10-81 SIGN REGULATIONS - INDEX SECTION 5. PROHIBITED SIGNS SECTION 6. GENERAL REGULATIONS SECTION 7. SIGN PERMITS 1. PERMIT TO ERECT, ALTER, REPLACE OR RELOCATE 2. PERMIT TO REPAIR 3. APPLICATION FOR PERMIT TO ERECT, ALTER, REPLACE, OR RELOCATE 4. APPLICATION FOR PERMIT TO REPAIR 5. APPLICATION FOR INTERNALLY ILLUMINATED SIGNS 6. ISSUANCE AND TERM OF PERMIT 7. PERMIT FEES 8. REVOKING OF PERMIT -SECTION 8. REMOVAL OF CERTAIN SIGNS SECTION 9. NONCONFORMING EXISTING SIGNS SECTION 10. SIGN CONTROL BOARD 1. CREATION 2. QUALIFICATIONS 3. TERMS 4. COMPENSATION 5. BOARD OFFICERS 6. QUORUM 7. MEETINGS 8. RECORDS 9. POWERS & DUTIES PAGE 2 PAGE NUMBER 26 28 29 29 30 30 31 31 32 32 32 32 33 34 34 34 34 34 34 35 35 35 36 CITY OF ALLEN ORDINANCE NO, 374-10-81 SIGN REGULATIONS - INDEX SECTION 11. VARIANCE FEES AND NOTIFICATION SECTION 12. INSPECTION SECTION 13. RESPONSIBILITY FOR VIOLATION SECTION 14. PENALTIES SECTION 15. VALIDITY CLAUSE SECTION 16. PUBLICATION AND EFFECTIVE DATE PAGE 3 PAGE NUMBER 37 38 38 38 38 39 ORDINANCE NO. 374-10-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REGULATING THE ERECTION, CONSTRUCTION, REPAIR, PLACEMENT, HEIGHT, AREA, AND MAINTENANCE OF SIGNS IN THE CITY OF ALLEN, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR THE ESTABLISHMENT OF THE SIGN BOARD; PROVIDING FOR APPLICATION FOR VARIANCE OR APPEAL; PRO- VIDING FOR NOTIFICATION OF'VARIANCE OR APPEAL; PROVIDING FOR INSPECTION; PROVIDING FOR THE RESPONSIBILITY FOR VIOLATIONS; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PRO- VIDING A VALIDITY CLAUSE; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Planning and Zoning Commission, after several months study, did develop sign regulations for the City of Allen and did recommend that a joint public hearing be held by the Planning and Zoning Commission and the City Council; and, WHEREAS, pursuant to such recommendations, a joint public hearing was held after notice was published in a newspaper of general circulation in the City of Allen at least fifteen (15) days prior to such public hearing date and written notice was mailed to all owners of real property as the ownership appears on the last approved tax roll of the City of Allen at least ten (10) days prior to such public hearing date; and, WHEREAS, following said public hearing, the Planning and Zoning Commission did review all testimony and requests and did report this sign regulations ordinance in its final form to the City Council recommending its adoption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on and after the effective date of this ordinance, any person, firm, corporation, or organization seeking the erection, construction, repair, placement, height, area, or use of signs within the corporate limits of the City of Allen, Texas, shall be required to comply with the requirements of this ordinance before any approval may be granted to wit: CITY OF ALLEN SIGN REGULATIONS SECTION 1, SHORT TITLE This Ordinance shall hereafter be known and cited as the "Sign Regulations". SECTION 2, DEFINITIONS, As used in this Ordinance -unless the context otherwise indicates: Alter. "Alter" shall mean to change the size, shape or outline, copy, nature of message, intent, or type of sign. Building Official; Chief Building Official. "Building Official" or "Chief Building Official" shall mean the officer or other person within the City of Allen charged with the administration and enforcement of this Ordinance. Bulletin Board. "Bulletin board" shall mean a sign of pro- fessional appearance containing information of a public interest nature where a portion of such infor- mation may be effected by the replacement or inter- change of letters, numbers, or other graphic symbols by insertion, at or similar means. The use of slate, chalkboard, cardboard, or similar material with pencil, chalk, crayon, or similar types of marking is prohibited. I Erect. "Erect" shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs on the exterior surface of a building or structure, and shall also include the painting or affixing of signs to the exterior or interior of windows and shall include signs located interior to a building but really visible from the exterior. Facing or Surface. "Facing" or "surface" shall mean the surface or surfaces,of the sign upon, against, or through which the message is displayed or illustrated on the sign. (1) CITY OF ALLEN SIGN REGULATIONS SECTION 2, DEFINITIONS, (CONTINUED) Gross Surface Area of Sign. "Gross surface area of sign" shall mean the entire area within a single continuous perimeter enclosing the extreme -limits of each sign. A sign having information on two surfaces shall be considered as a single sign providing that the surfaces are located back to back. In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the others, and that the combined area of such signs cannot exceed the total square footage allowed when evaluated as a single sign. For signs so constructed where related portions are located on separate structures or vehicles, the gross surface area shall be calculated as the sum of all portions and evaluated as a single sign. Illuminated Sign. "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated directly or indirectly by electric lights, luminous tubes or other means. Noncombustible Material. "Noncombustible material" shall mean any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature. Person. "Person" shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind. Projecting Structures. "Projecting structures" for purpose of this Ordinance shall mean covered structures of a permanent nature which are constructed of approved building material, specifically excluding canvas or fabric material, and where such structures are an integral part of the main building or permanently attached to a main building and do not extend over public -property. Projecting structures are defined to include marquees, canopies, and fixed awning type of structures. Roof Line. "Roof line" for purpose of this Ordinance shall mean the height which is defined by the intersection of the roof of the building and the wall of the building with the following exception. For mansard type roofs the "roof line" shall be defined as the top of the lower slope of the roof. (2) CITY Of�=ALLEN SIGN REGULATIONS SECTION 2. DEFINITIONS. (CONTINUED) Sign. The term "sign" shall mean and include every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia and structure supporting any of the same, affixed directly or indirectly to or upon any building, outdoor structure, or vehicle, or erected inside a building or vehicle in a manner so as to be readily visible from the exterior of said building or vehicle, or erected or maintained upon a piece of'land, which directs attention to an object, product, service, place, activity, person, institution, organization or business. Structural Trim. "Structural trim" shall mean the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure. Vehicle. The term "vehicle" shall for the purpose of this ordinance mean any automobile, truck, camper, tractor, van, trailer, or any device capable of being trans- ported and shall be considered a "vehicle" in both moving and stationary modes, irrespective of state of repair or condition. SECTION 3. CLASSIFICATION OF SIGNS. The following classification of signs is established and herein described: A. CLASS 1 - Minor Signs (Permit not required.) Minor signs in the use districts where permitted, may be either freestanding or attached, unless otherwise specified, to a structure, and do not require approval by any municipal agency prior to erection. Specifically, Class 1 signs shall include: 1. Signs not exceeding eight (8) square feet in area and not exceeding four (4) feet in height in single family, duplex,.and apartment districts which advertise the sale, rental, or lease of the premises upon which said signs are located only. The number of such signs shall be limited to one (1) per lot or complex except where such (3) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) lot or complex abuts more than one .(1) dedicated public street in which event one (1) additional sign shall be allowed for each additional public street. 2. Signs not exceeding fifteen (15) square feet in area and not exceeding eight (8) feet in height in all districts except single family, duplex, and apartment which advertise the sale, rental, or lease of the premises upon which said signs are located only. The number of such allowable signs shall be limited to one (1) for tracts, sites or complexes having less than two hundred (200) feet abutting public or internal circulation streets. For tracts, sites, or complexes having two hundred (200) feet abutting public or internal circulation streets, two (2) such signs shall be allowed plus one (1) addi- tional sign for each additional one hundred (100) _feet of abutment. In no event may the number of such signs exceed four (4) for a given tract. 3. Name plates not exceeding one (1) square foot in area. 4. Temporary political signs which do not exceed fifteen (15) square feet in area and providing that any such sign exceeding three (3) square feet in area shall be located a minimum of ten (10) feet from any public right-of-way, sidewalk, or alley. Political signs shall not be posted more than ninety (90) days prior to the election to which the sign relates and shall be removed within fifteen (15) days following the election to which the sign relates. 5. Bulletin boards not exceeding fifteen (15) square feet in area for public, charitable, educational, or religious institutions when such are located on the premises of said institutions and do not extend above fifteen (15) feet in height measured from ground level and do not exceed one (1) per institution except for sites abutting more than one (1) public street in which event a maximum of,two (2) bulletin boards for a site will be allowed. _Where two (2) bulletin boards are allowed, they shall be located on separate streets. (4) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) 6. Temporary construction signs denoting the architect, engineer, contractor, subcontractor, and/or financier and temporary signs denoting the future location of a particular business, retail center,,or institution subject to one (1) such construction sign and one (1) such future location sign per street adjacent to the construction site or future location site and each such sign not exceeding fifteen (15) square feet in area and providing such signs do not exceed above fifteen (15) feet in height measured from ground level, and provided such signs are located on the premises where con- struction or location being advertised is or will be occurring. Only one (1) construction sign and one (1) future location sign may abut a given street. Said signs to be removed upon issuance of an occupancy permit. 7. Occupational signs denoting only the name and profession of an occupant in a commercial, public, office or institutional building and not exceeding three (3) square feet in area. Such signs may not extend above the roof line. 8. Memorial signs or tablets, names of buildings, and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 9. Flags, emblems, and insignia of the United States and federal agencies and offices, and flags, emblems, and insignia of any state or local governmental body, decorative displays for holidays or legal public demonstrations which do not contain advertising and are not used as such. 10. Signs not exceeding eight (8) square feet and not exceeding four (4) feet in height for establish- ments providing gasoline sales which advertise price of gasoline on premises providing such signs shall be permanently attached to a structure or shall be stored inside a building during hours of nonoperation of the business and providing no establishment shall have more than two (2) signs in use at any given time. (5) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) 11. Temporary home builder directional signs located off the premises being advertised providing such signs do not exceed four (4) square feet in area and must contain the name of the subdivision or the name of the builder or the name of the building corporation and may contain the corporation logo and directional indicator. Such signs may not obstruct vision of traffic or pedestrians and may not be constructed of cardboard and must be kept well painted and in good condition and may be utilized only from Friday at twelve (12) noon until the following Monday at twelve (12) noon. 12. Temporary realtor directional signs located off the premises providing such signs do not exceed four (4) square feet in area and must contain the name of a bona fide real estate firm and may contain the word "OPEN" and may contain directional indication. Such signs may not obstruct vision of traffic or pedestrians and may not be constructed of cardboard and must be kept well painted and in good condition and may be utilized only from Friday at twelve (12) noon until the following Monday at twelve (12) noon. 13. Signs not exceeding one (1) square foot in area affixed to windows or doors which identifies emergency telephone numbers, hours, and security information. 14. Signs on sites used by public, charitable, educational, or religious institutions, in any use district, where such signs may not exceed fifteen.(15) square feet in area and may not exceed six (6) feet in height provided such signs are an integral part of the site architecture or landscaping. Such signs may be freestanding or attached to features such as decorative screening walls and landscape planters. No given site shall be allowed more than two (2) such signs. (6) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) B. CLASS 2 - Window Signs (Permit not required.) Window signs in the use districts where permitted, do not require a sign permit and do not require approval by any municipal agency prior to erection. Specifically, Class 2 signs shall include: 1. Signs painted on the -external or internal surface of the window of an establishment in commercial or retail districts with water durable paint on external surfaces advertising services, products or sales available within said establishment or which announce opening,of said establishment. 2. Signs, banners, posters, or displays located on the internal surface of the window of an establishment in commercial or retail districts only, which advertise services, products or sales available within said establishment or which announce opening of said establishment. 3. Posters which announce events sponsored within the City of Allen by any civic, educational, or religious institution providing such posters are not located on the external surface. 4. Decorations intended to direct attention to and stimulate citizens' interest in public events involving educational institutions located within the City and provided such signs are painted on the external surface of the window and that no given decoration may be allowed for a period exceeding seven (7) days. 5. Signs attached to the external surface of a window of a retail or commercial establishment if of water durable paint or noncombustible material and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of said retail or commercial establishment. + C. CLASS 3 - Traffic Related Signs (Public Works Departmental approval required) Traffic related signs in the use districts where permitted, do not require a sign permit but must be approved by the office of the Department of Public Works prior to erection. Submission to the Department of Public Works shall include, (7) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) but not limited to, a site drawing showing the location of the proposed signs, a dimensional drawing showing size of signs and content of signs, a designation of the material or materials to be used, and the proposed method of erection. Specifically,Class 3 shall include: 1. On-site directional signs not exceeding eight (8) square feet, provided such directional signs do not contain adver- tising and are not used as such. 2. On-site signs not exceeding eight (8) square feet, denoting locations for ingress and egress or prohibiting ingress and egress which may or may not have directional indication, provided such signs do not contain advertising and are not used as such. D. CLASS 4 - Temporary Promotional Signs (Sign Control Board approval and permit required.) Temporary promotional signs in the use districts where permitted, required Sign Control Board approval and a sign permit to be issued by the Building Official prior to erection. Submission to the Sign Control Board shall include, but not be limited to, a drawing or sketch showing the type, size, height and location of the temporary promotional sign (including banners, flags, and pennants) along with a description of the means of attachment or support, and the stated -purpose of the promotion. A promotion for a site, center, complex or subdivision shall be interpreted as a promotion for each and every establishment within said site, center, complex or subdivision. Specifically,Class 4 signs shall include: 1. Banners, flags, or pennants promoting a mer- chandise program or opening of a retail or commercial establishment or center with a maximum single use period of fourteen (14) days with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given estab- lishment or center. (6) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) 2. Temporary signs, including banners, announcing special programs of religious or educational institutions, providing such signs do not exceed thirty-two (32) square feet, and providing that not more than -one (1) such sign per institution shall be allowed, and provided such signs shall be located on site and placed not closer than ten (10) feet from any street, sidewalk, or alley. The height of such signs shall not exceed fifteen (15) feet above ground level and such signs shall have a maximum single use period of twenty-one (21) days, with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given institution. 3. Banner, flags, or pennants promoting the opening of a single family subdivision or multi -family complex with a maximum single use period of fourteen (14) days, with a minimum period between permits of ninety (90) days and a max- imum number of three (3) permits per year for a given subdivision or multi -family complex. 4. Free standing signs for the purpose of identi- fying location of or direction to, subdivisions or major home builder sites. On-site signs may not exceed ninety-six (96) square feet in area and may not exceed fifteen (15) feet in height. Off-site directional signs shall not exceed thirty-two (32) square feet in area and may not exceed fifteen (15) feet in height. One on-site sign shall be allowed for subdivisions or major home builder locations of thirty (30) acres, or less. One additional sign shall be allowed for each additional thirty (30) acres. Off-site sign locations and number of such signs shall be allowed at the discretion of the Sign Control Board. Permits for subdivision and major home builder on-site and off-site signs shall be granted for a maximum period of six (6) months and may be extended in six (6) intervals upon approval by the Sign Control Board. The Sign Control Board shall upon granting approval for a new sign or extension of a permit, place restrictions or conditions on the permit as they deem necessary. (9) CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS. (CONTINUED) E. CLASS 5 - Major Freestanding Signs (Permit required/Sign Control Board approval required only as specified.) Major freestanding signs in the use districts where permitted, required a sign permit to be issued by the Chief Building Official prior to erection. Major freestanding signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be con- structed to receive dead load as required in the Building Code or other ordinances of the City. All major free- standing signs shall be placed in concrete base or footings. Major freestanding signs may be constructed only of materials that are noncombustible or slow burning in the case of plastic inserts and faces and may be supported by noncombustible material only and finished in a presentable manner; wood or nonpainted steel supports are specifically prohibited. Heavy timber and other materials may be used if approved by the Chief Building Official. Major freestanding signs shall be protected by wheel or bumper guards when required by the Building Official. Major freestanding signs shall not have attached any guys or braces. Major freestanding signs must be located a minimum of thirty (30) feet from adjoining private property line and a minimum of sixty (60) feet from a freeway sign or any other major freestanding sign and providing that no sign is located within one hundred (100) feet of any single family residential zoned property. All major freestanding signs must be located on site. Specifically, major freestanding signs shall include: 1. Signs erected in apartment, office, technical - office, and industrial districts to identify an establishment, center, complex, occupation, district, or institution and containing no advertisement. Height, area and permissible number regulations are defined in the specific use district (Section 4). 2. Signs erected in retail and commercial districts to identify a single establishment and/or adver- tise the occupants, services, or products of a single establishment. Such signs shall be termed as "single -usage major freestanding signs Height, area, and permissible number regulations for such signs are specified in Section 4. (10) CITY -OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF -SIGNS. (CONTINUED) 3. Signs erected in retail and commercial districts to identify a center or complex or to identify multiple establishments and/ or advertise multiple occupants, services, or products of a center or complex. Such signs shall be termed as "multiple -usage major freestanding signs". Height, area, and permissible number regulations for such signs are specified in Section 4. F. CLASS 6 - Freeway Signs (permit required) Freeway signs in the use districts when permitted, require a sign permit to be issued by the Chief Building Official prior to erection. Freeway signs must be freestanding and are permitted adjacent to U. S. 75 and all future thoroughfares whose right- of-way is two hundred fifty (250) feet or greater, at such time as the City of Allen Master Street Plan so designates the future thoroughfare. Freeway signs shall be constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead load as required in the Building Code or other ordinances of the City. All freeway signs shall be placed on concrete base or footings. Freeway signs shall be protected by wheel or bumper guards when required by the Building Official. Freeway signs shall not have attached any guys or ground braces. Freeway signs must be located a minimum of thirty (30) feet from adjoining private property and a minimum of sixty (60) feet from any major freestanding sign and providing that no freeway sign is located within two hundred and fifty (250) feet of single family residential zoned property. Freeway signs may not be located further than two hundred and fifty (250) feet from the right- of-way line of the major thoroughfare. No freeway sign shall exceed a height of forty (40) feet. Spec- ifically, freeway -signs shall.include: 1. Signs located on site and erected for the purpose of identifying establishments whose primary function is that of providing food service, lodging accommodations, or gasoline service and providing such establishment is located adjacent to the freeway. Such signs CITY OF ALLEN SIGN REGULATIONS SECTION 3. CLASSIFICATION OF SIGNS (CONTINUED) are to be constructed only of materials that are noncombustible or slow -burning in the case of plastic insert and faces and may be supported by noncombustible material only and finished in a presentable manner; wood or nonpainted steel supports are specifically prohibited. The area of such signs shall not exceed one hundred and twenty (120) square -feet. A minimum separa- tion of one hundred and twenty (120),feet must be maintained between any two (2) such signs of this type. 2. Signs erected for the purpose of identifying and providing directional information to industrial, retail, or commercial sites of thirty (30) acres, or greater, and signs erected for the exclusive use of identifying land developers and home builders information and providing directional information, and signs erected to provide location and direc- tional information for lodging accommodations. Such signs may not exceed an area of one hundred and twenty-eight (128) square feet and a minimum separation of five hundred (500) feet must be maintained between any two (2) such signs of this type. Such signs shall be set back a minimum of fifty -(50) feet from front and side property lines at street inter- sections. Such signs shall be finished and maintained in a presentable manner and wood supports which are preservative treated shall be permissible for this type sign. G. CLASS 7 - Major Attached Signs (Permit required) Major attached signs in the use districts where per- missible, require a sign permit to be issued by the Chief Building Official prior to erection. Major attached signs shall be constructed only of materials that are noncombustible or slow -burning in the case of plastic inserts and faces. The permissible size of major attached signs shall be as defined in each use district. Major attached signs shall specifically include: 1. Any sign not defined as a major sign or window sign and is affixed directly or indirectly to (12) CITY OF ALLEN SIGN REGULATIONS SECTION 3. S.LASSIFICATION OF SIGNS. (CONTINUED) the exterior of any surface of any building, to any "projecting structure" of a building, as defined in Section 2, or to any outdoor structure providing that such sign shall not extend above the roof line of a mansard type roof and providing that such sign shall not extend more than four (4) feet above the roof line for nonmansard roof structures in retail and commercial districts only. Such sign shall be so designed, constructed, and attached so as to withstand a wind pressure of not less than thirty (30) pounds per square foot. 2. Any sign not defined as a minor sign and is located more than four (4) feet above the roof line of a building providing such sign is directly affixed to and not extending above or beyond an integral part of the structure of the building, other than the roof, and without the use of supporting poles, towers, guys, or braces of any type and providing such signs shall be so designed, constructed, and attached so as to withstand a wind pressure of not less than thirty (30) pounds per square foot. 3. Any sign painted or attached directly on the roof surface of a building intended to be visible from the air where such roof surface when projected to ground level forms an angle with the ground plane of less than twenty-five (25) degrees provided such sign shall contain only the identification of an establishment, directional information of value to air trans- portation, and services available and of interest to air transportation users. SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. The classification of signs allowed in each use district shall be only those as defined in this section and subject to the conditions specified herein: A. Single Family and Duplex Residential Districts: 1. These use districts shall include all zoning (13) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) classifications designated as attached or detached single family residences or duplex usage. 2. Class 1 - Minor Signs, shall be permissible in these districts except where restricted to retail and commercial districts as specified in Section 3. 3. Class 3 - Traffic Related Signs, shall be permissible in these districts. 4. Class 4 - Temporary Promotional Signs, shall be permissible in these districts except where restricted to retail or commercial districts as specified in Section 3. B. Apartment Districts: 1. These use districts shall include all zoning classifications designated for multi -family residences but shall not include any duplex zoning classifications. 2. Class 1 - Minor Signs, shall be permissible in these districts except where restricted to retail and commercial districts as specified in Section 3. 3. Class 3 - Traffic Related Signs, shall be permissible in these districts. 4. Class 4 - Temporary Promotional Signs, shall be permissible in these districts except where restricted to retail or commercial districts as specified in Section 3. -5. Class 5 - Major Freestanding Signs, shall be permissible in these districts. However, no freestanding sign shall exceed an area of twenty-five (25) square feet and provided that no more than one (1) freestanding (or major attached) sign per adjacent (14) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) public street for an apartment complex shall be permitted and providing that the height shall not exceed eight (8) feet and provided such sign is set back at least one-half the distance from the building line to the property line. 6. Class 7 - Major Attached Signs, shall be permissible in these districts providing no more than,one major attached sign (or major free- standing sign) per adjacent public street to an apartment complex shall be permitted and providing that the area of the attached sign does not exceed forty (40) square feet. C. Office and Technical -Office Districts: 1. These use districts include all zoning classifications designated for office, or technical -office usage. 2. Class 1 - Minor Signs, shall be permissible in these districts except where restricted to retail and commercial districts as specified in Section 3. 3. Class 3 - Traffic Related Signs, shall be permissible in these districts. 4. Class 5 - Major Freestanding Signs, shall be permissible in these districts. However, no more than one (1) major freestanding sign (or one major attached sign) be permitted per major building and provided that no major freestanding sign exceed an area of sixteen (16) square feet and provided that no freestanding sign exceed a height of six (6) feet and provided such sign is set back at least one-half the distance between the building line and the property line. (15) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) 5. Class 7 - Major Attached Signs shall be permissible in these districts, except where restricted to retail and commercial districts as specified in Section 3. Such signs may be attached to the surface of the main building below the roof line, or may be attached to a "projecting structure" as defined in Section 2, below the roof line-, or may be attached to decorative screening walls and land- scape planters, or may be attached to a structure above the roof line where such structure is an integral part of the building architecture and where such structure is other than the roof itself. No more than one (1) major attached sign (or major freestanding sign) shall be erected per major building except where specifically stated otherwise in the following paragraphs. a. For signs attached to a decorative screening wall or landscape planter, the sign area shall not exceed sixteen (16) square feet and the height shall not exceed eight (8) feet. b. For signs attached to "projecting structures" the sign area shall not exceed twenty-five (25) square feet. c. For signs attached to the surface of the main building the sign area shall not exceed twenty-five (25) square feet for signs whose height to the top of the sign from ground level is twenty (20) feet, or less. For signs attached to the surface of the main building and located below the roof line and whose height exceeds twenty (20) feet, the permissible area of the sign is increased above twenty-five (25) square feet by three (3) square feet for each one (1) foot of height above twenty (20) feet. (16) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) d. For a single sign attached to the surface of an integral part of the building arch- itecture above the roof line, the sign area regulations shall be the same as for signs attached to the surface of the main building. For buildings intended for multiple occupancy and where the integral architectural design provides for separate features for attaching - signs above the roof line, multiple attached signs shall be permitted, provided that the sign area of any given architectural feature does not exceed fifteen (15) square feet. Within this allowed area multiple occupancy identification is permitted. D. Industrial Districts: 1. These use districts shall include all zoning classifications designated for industrial usage. 2. Class 1 - Minor Signs, shall be permissible in these districts except where restricted to retail and commercial districts as specified in Section 3. 3. Class.3 - Traffic Related Signs, shall be permissible in these districts. 4. Class 5 - Major Freestanding Signs, shall be permissible in these districts, except where restricted to retail and commercial districts as specified in Section 3, and provided that one (1) major freestanding sign shall be permitted for industrial sites of ten (10) acres, or more, and pro- vided that one (1) additional free- standing sign shall be permitted for each additional ten (10) acres. In any event, no more than one (1) major freestanding sign shall be permitted per industrial building per each adjacent public street. Major free- standing signs in industrial districts shall not exceed sixty (60) square feet in area and may not exceed a height of twenty (20) feet. (17) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) 5. Class 6 - Freeway Signs may be located in these districts. 6. Class 7 - Major Attached Signs shall be permissible in these districts, except where restricted to retail and commercial districts as spec- ified in Section 3, provided that such signs shall be entirely below the roof line of the building and provided that no more than one (1) major attached sign is erected per building and provided that the area of the major attached sign shall not exceed in area, five (5) per- cent of the wall area on which it is erected. E. Retail and Commercial Districts: 1. These use districts shall include all zoning classifications designated for local retail or commercial usages. 2. Class 1 - Minor Signs, shall be permissible in these districts. 3. Class 2 - Window Signs, shall be permissible in these districts. 4. Class 3 - Traffic Related Signs, shall be per- missible in these districts. 5. Class 4 - Temporary Promotional Signs, shall be permissible in these districts. 6. Class 5 - Major Freestanding Signs as defined in Section 3 shall be permitted in these districts. "Single -usage major freestanding signs" as described in Section 3, shall not exceed a height of twenty (20) feet and shall not exceed an area of sixty (60) square feet. "Multiple -usage major freestanding signs" as described in Section 3, shall not exceed a height of thirty (30) feet and shall not (18) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS (CONTINUED) exceed an area of one hundred and fifty (150) square feet. The number of signs shall be limited by the following: a. For sites of less than ten (10) acres, one (1) "single -usage major freestanding sign" shall be permitted. b. For sites of ten (10) acres, but less than fifteen (15) acres, two (2) "single - usage major freestanding signs" shall be permitted or one (1) "single -usage major freestanding sign" and one (1) "multiple - usage major freestanding sign" shall be permitted. c. For sites of fifteen (15) acres, or greater, three (3) "single -usage major freestanding signs" shall be permitted or one (1) multiple -usage major freestanding signs" shall be permitted or two (2) "multiple - usage major freestanding signs" shall be permitted provided that only one (1) "multiple -usage major freestanding sign" may be located per public street frontage. d. For sites exceeding twenty-five (25) acres on which signs are desired in excess of the above regulations, a total sign plan for the site may be submitted to the Sign Control Board for consideration as a variance of this Ordinance. 7. Class 6 - Freeway Signs, shall be permissible in these districts. 8. Class 7 - Major Attached Signs, shall be per- missible in these districts subject to the following conditions and restrictions: a. An attached sign located at the height of twenty (20) feet, or less, may have an area not exceeding that calculated by multiplying the length of the building front, by two '(2) feet. This calculation (19) CITY OF ALLEN SIGN REGULATIONS SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS. (CONTINUED) shall be termed "base allowable area". In no event may an attached sign located at a height of twenty (20) feet, or less, exceed a "maximum allowable area of two hundred (200) square feet. b. A permissible attached sign located at a height above twenty (20) feet shall be permitted an increase in the "base allow- able area" and an increase in the "maxi- mum allowable area". Such increase shall not exceed four (4) square feet .in area, over that allowed for a sign located at twenty (20) feet of height, for each , additional one (1) foot of height above twenty (20) feet. c. Attached signs may be located on each exposed face of a building, however, the sum of the area of all attached signs shall not exceed twice the "base allowable area" nor shall exceed twice the "maximum allow- able area" as specified in above paragraphs (a) and W. F. Summary of Districts: The following tables summarize the districts defined in this Section 4, the permissible classes of signs and the restrictions per- taining to area, height, and number of signs. These tables do not summarize all regulations included in this Ordinance. Table of Industrial Districts Table for Residential Districts Table for Office Districts Table for Retail and Commercial Districts (20) Page 21 Page 22 Page 23 Pages 24 & 25 TABLE OF INDUSTRIAL DISTRICTS PERMISSIBLE MAXIMUM CLASSES AREA HEIGHTS NUMBER 1 * 3 5 60 SQUARE FEET 20 FEET ZERO FOR SITES BELOW 10 ACRES 1 FOR SITES OF 10 ACRES 1 ADDITIONAL FOR EACH ADDITIONAL 10 ACRES BUT NO MORE THAN 1 PER BUILDING PER ADJACENT PUBLIC STREETS 6 7 5% OF THE WALL BELOW 1 PER BUILDING AREA TO WHICH ATTACHED * REFER TO SECTION 3 OF THIS ORDINANCE CLASS 1 - MINOR SIGNS CLASS 3 - TRAFFIC RELATED SIGNS CLASS 5 - MAJOR FREESTANDING SIGNS CLASS 6 - FREEWAY SIGNS' (21) CLASS 7 - MAJOR ATTACHED SIGNS TABLE FOR RESIDENTIAL DISTRICTS (SINGLE AND MULTI -FAMILY) MAXIMUM HEIGHTS PERMISSIBLE DISTRICTS CLASSES AREA SINGLE FAMILY AND 1, 31 4 DUPLEX DISTRICTS APARTMENT 1, 31 4 NUMBER APARTMENT 5 25 SQ. FT. 8 -FEET 1 OF EITHER CLASS PER APARTMENT 7 40 SQ. FT, BELOW ROOF LINE ADJACENT STREET * REFER TO SECTION 3 OF THIS ORDINANCE CLASS 1 - MINOR SIGNS CLASS 3 - TRAFFIC RELATED SIGNS CLASS 4 - TEMPORARY PROMOTIONAL SIGNS CLASS 5 - MAJOR FREESTANDING SIGNS CLASS 7 - MAJOR ATTACHED SIGNS (22) PERMISSIBLE CLASSES 1 3 5 TABLE OF OFFICE DISTRICTS AREA 16 SQ. FT. MAXIMUM HEIGHTS 6 FT. 7 (A) 16 SQ. FT. H FT. IF ATTACHED TO A DECORATIVE SCREENING WALL OR LANDSCAPE PLANTER. 7 (B) 25 SQ. FT. BELOW ROOF LINE IF ATTACHED TO A "PROJECTING STRUCTURE". 7 (C) 25 SQ. FT. BELOW ROOF LINES IF ATTACHED TO SURFACE OF PLUS 3 SQ. FT. UNLESS BUILDING MAIN BUILDING. FOR EACH 1 FT. HAS INTEGRAL ARCHITECTURAL IN HEIGHT ABOVE FEATURE FOR 20 FEET. ATTACHING SIGNS. REFER TO SECTION 3 OF THIS ORDINANCE (23) NUMBER 1 OF EITHER CLASS PER MAJOR BUILDING. FOR BUILDINGS PROVIDING INTEGRAL ARCHITECTURAL FEATURES FOR ATTACHING SIGNS ABOVE THE ROOF LINE, A SIGN MAY BE ATTACHED TO EACH SUCH FEATURE WITH THE SIGN AREA NOT TO EXCEED 15 SQ. FT. ON EACH FEATURE. CLASS 1 - MINOR SIGNS CLASS 3 - TRAFFIC RELATED SIGNS CLASS 5 - MAJOR FREESTANDING SIGNS CLASS 7 - MAJOR ATTACHED SIGNS TABLE FOR RETAIL AND COMMERCIAL DISTRICTS PERMISSIBLE MAXIMUM MAXIMUM MAXIMUM CLASSES AREAS HEIGHTS NUMBERS 1,2,3,4 5 (A) 60 SQ. FT. 20 FT. - FOR SITES OF LESS THAN 10 ACRES, SINGLE -USAGE SIGNS 1 SINGLE -USAGE SIGN. - FOR SITES OF 10 ACRES BUT LESS 5 (B) 150 SQ. FT. 30 FT. THAN 15 ACRES, 2 SINGLE -USAGE MULTIPLE -USAGE SIGNS SIGNS OR 1 SINGLE -USAGE AND 1 MULTIPLE -USAGE SIGN. - FOR SITES OF 15 ACRES, OR GREATER, 3 SINGLE-USAGE'SIGNS OR 2 MUL- TIPLE -USAGE SIGNS OR 1 MULTIPLE - USAGE SIGN AND 2 SINGLE -USAGE SIGN. 6 (A) 120 SQ. FT. 40 FT. A MINIMUM.SEPARATION OF 120 FT. ON-SITE FOR FOOD, BETWEEN ANY TWO SUCH SIGNS. LODGING, AND GASOLINE SERVICE. 6 (B) 128 SQ. FT. 40 FT. A MINIMUM SEPARATION OF 500 FT. OFF-SITE FOR LODGING BETWEEN ANY TWO SUCH SIGNS. ACCOMMODATIONS, LAND DEVELOPERS, AND MAJOR SITE DIRECTIONAL INFORMATION ` # REFER TO SECTION 3 OF THIS ORDINANCE (CONTINUED ON.NEXT PAGE) (24) TABLE FOR RETAIL AND COMMERCIAL DISTRICTS PERMISSIBLE MAXIMUM CLASSES AREAS % SINGLE SIGN AREA MAY NOT EXCEED 2 TIMES THE LENGTH OF BUILDING FRONT OR 200 SQ. FT. , WHICHEVER IS LESS, FOR SIGNS AT HEIGHTS OF 20 FT. OR LESS. ABOVE 20 FT. IN HEIGHT, AN ADDITIONAL 4 SQ. FT. IS ALLOWED PER ADDITIONAL FOOT OF HEIGHT. (CONTINUED) MAXIMUM HEIGHTS BELOW ROOF LINE FOR MANSARD TYPE ROOFS. LIMITED TO 4 FT. ABOVE ROOF LINE FOR NON - MANSARD TYPE ROOFS. MAY EXTEND HIGHER IF ATTACHED TO AN INTEGRAL ARCHITECTURAL FEATURE OF THE BUILDING OTHER THAN THE ROOF. (25) MAXIMUM NUMBERS SUM OF ALL ATTACHED SIGN AREA ON A BUILDING MAY NOT EXCEED TWICE THE AREA ALLOWED FOR A SINGLE SIGN. ATTACHED SIGNS MAY BE LOCATED ON EACH EXPOSED FACE OF BUILDING. CLASS 1 - MINOR SIGNS CLASS 2 - WINDOW SIGNS CLASS 3 - TRAFFIC RELATED SIGNS CLASS 4 - TEMPORARY PROMOTIONAL SIGNS CLASS 5 - MAJOR FREESTANDING SIGNS CLASS 6 - FREEWAY SIGNS CLASS % - MAJOR ATTACHED SIGNS CITY OF ALLEN SIGN REGULATIONS 1. It shall be unlawful for any person to display or advertise upon any sign any obscene, indecent or immoral matter. 2. No person shall erect, maintain or permit the erection of any ballon or other floating device anchored to the ground or to any structure. 3. No person shall attach any sign, paper or other material or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, tower, utility pole, public building, public fence, or public structure for advertising purposes. 4. No sign located internal or external to a building or vehicle shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, animated, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Jump clocks or digital display devices showing time, temperature and similar data may be allowed by special permit of the City Council. 5. No person shall place on, or suspend from the exterior of any building, pole, structure, pro- jecting structure, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items, other than a sign as defined, regulated and prescribed by this Ordinance and except as otherwise allowed by Ordinance con- trolling the outside storage and display of goods, wares, or merchandise. 6. No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached, suspended from or allowed to hang loose from any sign,building or structure, except as allowed by other provisions of this Ordinance. (26) CITY OF ALLEN SIGN REGULATIONS SECTION 5. PROHIBITED SIGNS. (CONTINUED) 7. No lighted sign shall be erected within one hundred and fifty (150) feet of a residential district. 8. No signs attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is for sign purposes, will be permitted. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce, or any bona fide transportation activity. 9. Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for the purpose of advertising an establishment, service, or product. 10. A -Frame signs and sandwich -board signs are prohibited. Similar types of portable signs are prohibited except where specifically per- mitted in Section 3 as a "minor sign". ll.' No portion of any sign may be erected upon or over public property except by special permit of the City Council subject to appropriate .conditions and safeguards. Two exceptions to this provision are permitted: a. Temporary home builder directional signs and temporary realtor directional signs as defined in "minor signs" in Section 3, provided such signs are not located to cause a hazard to traffic, pedestrians, or other legal use of public property. b. Permissible signs attached directly to a building structure where such building structure directly abuts public property by no more than one (1) foot and providing that such sign does not provide a hazard to traffic, pedestrians, or other legal use of public property. (27) CITY OF ALLEN SIGN REGULATIONS SECTION 6. GENERAL REGULATIONS. All signs in all classifications and use districts where permitted shall conform to the general regulations listed herein: 1. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign*of any kind shall be -attached to a standpipe or fire escape except signs relating directly to such. 2. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative are not subject to the provisions of this Ordinance. 3. In order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or maintain any fluttering, undulating, swinging, rotating or otherwise moving sign, or any flashing sign. No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner or intensity of illumination, it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such manner as to be likely to interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device. Accordingly, no sign shall make use of the words "stop", "go", "look", "slow", "danger", or any other similar word, phrase, symbol, or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to interfere with, mislead or confuse traffic, whether located exterior or interior to a building or structure. 4. All signs which are constructed on street lines, or within five (5) feet thereof, shall have a smooth surface and no nails, tacks, or wires shall be permitted to protrude therefrom, except electrical reflectors and devices which may extend over the top and in front of the advertising structures, where subject to reach of pedestrian traffic. (28) CITY OF ALLEN SIGN REGULATIONS SECTION 6. GENERAL REGULATIONS. (CONTINUED) 5. Gooseneck reflectors and lights shall be per- mitted on ground signs, roof signs, and wall signs, provided,however,the reflectors shall be provided with proper glass lenses, when necessary to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. 6. The permittee or owner of any sign as defined in this Ordinance shall maintain all parts and supports of said sign in good condition to prevent deterioration, oxidation, rust, paint peeling, and other unsightly conditions. 7. All illuminated signs shall be subject to the provisions of the City of Allen Electrical Code. In addition, all internally illuminated signs shall bear the Underwriters Laboratory label or be built to comply with Underwriters Labo- ratory requirements. 8. All signs located within the City may only advertise services or products available within the City and identify establishments, sites, complexes, or subdivisions located internal to the City unless otherwise approved by the Sign Control Board. SECTION 7. SIGN PERMITS. 1. Permit required to erect, alter, replace, or relocate. It shall be unlawful for any person to erect, alter, or relocate within the City of Allen any permissible sign; other than Class 1, Class 2, or Class 3 signs, as defined in Section 3 of this Ordinance without first obtaining a sign permit from the Building Official and making payment of the fee required. The permit may cover more than one sign, but shall apply to only one applicant and one location. (29) CITY OF ALLEN SIGN REGULATIONS SECTION 7. SIGN PERMITS. (CONTINUED) 2. Permit required to repair. It shall be unlawful for any person to repair any sign requiring a permit as defined in Section 7(1), when the value of such work exceeds one hundred dollars ($100) without first obtaining a repair permit from the Building Official and making payment of the fee required. 3. Application for permit to erect, alter, replace, or relocate. Applications for sign permits shall contain or have attached thereto the following information: a. Name, address, and telephone number of the applicant. b. Location of building, structure, or lot to which or upon which the sign is to be attached or erected. . C. Position of the sign in relation to nearby buildings or structures, including other signs. d. Two blueprints or ink drawings of the plans and specifications including electrical wiring and the method of construction and attachment to the building or in the ground. e. Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction,in the amount required by this and all other laws and Ordinances of the City. f. Name and address of person, firm, corporation or association erecting the sign. g.' The zoning classification of the property on which the sign is to be or is located. Also, the zoning classification of all property within one hundred (100) feet of locations for Class 5 signs, and the zoning classifi- cation of all property within two hundred and fifty (250) feet for Class 6 signs. (30) CITY OF ALLEN SIGN REGULATIONS SECTION 7. SIGN PERMITS. (CONTINUED) h. Such other information as the Building Official shall required to show full compliance with this and all other laws and Ordinances of the City. 4. Applications for permit to repair. Application for sign repair permits shall contain or have attached thereto the following information: a. Name, address, and telephone number of the sign owner. b. Name, address, and telephone number of the person, firm, corporation, or association providing the repair service. c. Location of building, structure, or lot upon which sign is located. d. A description of the repair activity to be performed. e. Such other information as the Building Official shall required to show full com- pliance with this and all other laws and Ordinances of the City. 5. Application for internally illuminated signs. Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, the electrical inspector shall examine the plans and specifications submitted with the application to insure the compliance with the Electrical Code of the City and with requirements of the Underwriters Laboratory. The Electrical Inspector shall approve the application if it meets these requirements and disapprove it if it does not. Approval of such an application by the Electrical Inspector is required before the Building Official may issue a sign permit. (31) CITY OF ALLEN SIGN REGULATIONS SECTION 7. SIGN PERMITS. (CONTINUED) 6. Issuance and term of sign permit. It shall be the duty of the Building Official, upon the filing of an application for a sign permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect or repair the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this Ordinance, the Building Code and all other laws and Ordinances of the City of Allen, he shall then issue the sign permit. If the work auth- orized under a sign permit has not been completed within ninety (90) days of issuance, the said permit shall become null and void, unless renewed by the Building Official. 7. Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay to the City of Allen the applicable fee herein defined: a. Fees for a permit to erect, alter, replace, or relocate sign shall be twenty dollars ($20.00). b. Fees for a permit to repair shall be ten dollars ($10.00). 8. Permit revocable at any time. All rights and privileges acquired under the provisions of this Ordinance or any amendments thereto are mere licenses revocable at any time by the City Council for just cause and all such permits shall contain this provision. .SECTION 8. REMOVAL OF CERTAIN SIGNS. 1. Any sign existing which no longer advertises a bona fide business conducted or product sold at this location, shall be removed by the owner, agent or person having the beneficial use of the building or structure. Said sign shall be removed within sixty (60) days after it no longer adver- tises a bona fide business conducted or product (32) CITY OF ALLEN SIGN REGULATIONS SECTION 8, REMOVAL OF CERTAIN SIGNS, (CONTINUED) sold at that location and any expense incident thereto shall be paid by the owner of the land, building, or structure to which such sign is attached or upon which it is erected. 2. For signs which are in compliance with the size, height, and all other requirements of the use district in which located and which no longer advertise a bona fide business conducted or product sold at that location may be removed by removal of lettering and/or symbols, script, etc. In the event that such signs are not in compliance with all requirements of the use district in which located, removal shall include the pole, frame, lettering, symbols, or their alteration to a conforming or complying state. 3. If the Building Official shall find any sign regulated herein is unsafe or insecure, or is a menace to the public, he shall give written notice to the permittee thereof. If the permittee fails to remove or repair the structure within ten (10) days after such notice, such signs may be removed by the Building Official at the expense of the permittee or owner of the property upon which it is located. The Building Official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Official may cause any sign which is an immediate peril to persons or property to be removed -summarily and without notice. SECTION 9, NONCONFORMING EXISTING SIGNS. Any sign not in conformance with these sign regulations, and lawfully in existence on date of passage of this Ordinance may be repaired but not altered or moved unless it shall be made to conform with the provisions of this Ordinance. Temporary permits previously granted shall not be renewed unless the sign is made to conform. In'any event, all signs in existence on date of passage of this Ordinance shall be made to conform to these sign regulations when there is change in,ownership, change in the nature or intent, alteration, or relocation of sign. (33) CITY OF ALLEN SIGN REGULATIONS 1.- Creation: There is hereby established upon Ordinance, a Sign Control Board five (5) members. 2. Qualifications: passage of this consisting of Members shall be qualified voters of the City of Allen and owners of record of real property. 3. Terms: Members shall be appointed by the City Council after the passage of this Ordinance. Two (2) members shall be appointed to serve until the 1st of , 19 Three (3) members shall be appointed to serve until the lst of , 19.Appointments thereafter shall be for a periodof two (2) years. A member shall be eligible for reappointment but may not serve in excess of six (6) consecutive years. In the event of a vacancy, the City Council shall appoint a member to serve the unexpired term. In the event a replacement or re- appointment has not been made at the end of a member's designated term, said member will continue to serve until reappointed or replaced. 4. Compensation: Members shall serve without compensation. 5. Board Officers: The City Council shall designate the following Sign Control Board Officers and their term as an officer shall run concurrent with their term of appointment to the Board. a. Chairman: The Chairman shall preside at all meetings where he is present. The Chairman shall implement or cause to have implemented, any practice or pro- cedure in the calling of meetings, conduct of meetings, or reporting of activities, that he considers in the best interest of the Board and shall so inform the City Council or consult with the City Council when requested and at such times when it appears necessary or desirable. (34) CITY OF ALLEN SIGN REGULATIONS SECTION 10. SIGN CONTROL BOARD. (CONTINUED) b. Vice Chairman: The Vice Chairman shall assist the Chairman in directing the total affairs of the Board. In the absence of the Chairman, the Vice Chairman shall assume all duties of the Chairman. c. Secretary: The Secretary shall be responsible for the keeping of minutes of all meetings of the Board, responsible for entering and main- taining all records of Board decisions, and posting notice of hearings of variance request or appeal. 6. Quorum: A majority of members, which is three (3) members, shall constitute a quorum. In the event of the absence of the Chairman and Vice Chairman, the three members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and assume all duties of the Chairman. All motions shall be decided by a simple majority of the members present. A tie vote shall constitute failure of the motion. 7. Meetings: The Sign Control Board shall be on call to hold one (1) meeting per month and shall call special meetings as required to conduct their duties. All stated meetings shall be open to the public. The board shall establish the dates, time, and place of meetings. 8. Records: All proceedings of the Sign Control Board shall be recorded in minutes of meetings and such minutes approved and made a matter of public record. (35) CITY OF ALLEN SIGN REGULATIONS SECTION 10. SIGN CONTROL BOARD. (CONTINUED) 9. Powers and Duties: The Sign Control Board shall have the following powers and perform the following duties: a. The City Council authorizes the Sign Control Board to sit as a board of appeals in public hearing for purpose of this Ordinance. In considering the requests for variation to requirements of this Ordinance, the Sign Control Board shall consider, but not be limited to, the degree of variance, the reasons for variance requested, the location of variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan for signing within the City. The Sign Control Board shall grant the variance requested, grant a variance of a greater for lesser nature than requested, or deny a variance request. b. All action on variance requests shall be sub- mitted to the City Council for review and such decisions of the Board shall become final unless reversed or modified by the City Council at the second City Council meeting following the Sign Control Board meeting at which formal action was taken by the Board. In reviewing the action of the Board, or variance requests, the Council shall consider the records made at the hearing before the Sign Control Board. C. The Sign Control Board shall conduct con- tinuing studies of sign ordinances in neighboring municipalities as well as other cities where such study will assist in up- grading the function of signing within the City of Allen and make recommendations to the City Council where appropriate. d. The Sign Control Board will conduct a con-, tinual review of all nonconforming signs and all variances granted and determine their desirability and effects upon the neighbor- hood and City and make recommendations to the City Council where appropriate. (36) CITY OF ALLEN SIGN REGULATIONS SECTION 10. SIGN CONTROL BOARD (CONTINUED) e. The Sign Control Board will evaluate new signing techniques as such are developed and recommend to the City Council their benefits or disadvantages in the City of Allen. f. The Sign Control Board may discuss the planning of signing in new or existing developments upon request of the developer. g. The Sign Control Board shall conduct studies, prepare opinions and general plans as requested by the City Council. h. The Sign Control Board shall perform any duties specified elsewhere in this Ordinance. i. The Sign Control Board may, from time to time, recommend to the City Council amend- ments or changes to this Ordinance. SECTION 11. VARIANCE FEES AND NOTIFICATION. An application for a variation to the conditions of this Ordinance shall be accompanied by a variance or appeal application fee in the amount of ten dollars ($10.00). Such application for variance may cover more than one sign, but shall apply to only one applicant and one location. The notifi- cation for a variance application must appear in the official newspaper of the City at least seven (7) days prior to the date on which the request is heard by the Sign Control Board. The variation application must contain the following information: a. Name, address, and telephone number of the applicant. b. Location of building, structure or lot to which or upon which the sign(s) is to be attached or erected. C. Position of the nearby buildings other signs. (37) sign(s) in relation to or structures, including CITY OF ALLEN SIGN REGULATIONS SECTION 11. VARIANCE FEES AND NOTIFICATION. (CONTINUED) d. The zoning classification of the property on which the sign(s) is to be located. Also, the zoning classification of all property within two hundred and fifty (250) feet of the sign(s) location. e. The specific variation(s) requested and the reasons and justification .for such requests. SECTION 12. INSPECTION. The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is -in need of removal or repair. SECTION 13. RESPONSIBILITY FOR VIOLATION. The owner of the sign, the owner of the land or structure, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this Ordinance and therefore subject to the penalty hereinafter provided. SECTION 14. PENALTIES. Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed two hundred dollars ($200.00) for each offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 15. VALIDITY CLAUSE. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be held invalid, it shall not effect any valid pro- vision of this or any Ordinance of the City of Allen to which these rules and regulations relate. (38) CITY OF ALLEN SIGN REGULATIONS SECTION 16. PUBLICATION AND EFFECTIVE DATE. The caption of this Ordinance shall be published two (2) times in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and publication. DULY PASSED AND APPROVE(D� by the City Council of the City of Allen, Texas, this the `` day of 1981. W. B. Pierson, MAYOR ATTEST: Marty Hendrix, City Secretary (39) C.�:.C�SL:iJ!