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O-2099-10-02ORDINANCE NO. 2099-10-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY ARTICLE VH, SECTION 7.09, BY AMENDING THE SIGN REGULATIONS REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Allen, Texas, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion have concluded that this Allen Land Development Code should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code is hereby amended by amending the articles, sections, and subdivisions as act forth herein. New material in the text of the amended provisions of the Allen Land Development Code is set forth in underline type; material deleted from the text of the amended provisions of ' the Allen Land Development Code is set forth in stake-thru type. "Section 7.09. Sign Regulations. Section 7.09.1. Purpose. The purpose of these regulations is to encourage aesthetically pleasing design consistent with the standards of the adopted Comprehensive Plan and to establish uniform standards for the placement of signs. Section 7.09.2. Definitions. The following terms are defined for purposes of this section as follows: 1. Animation — copy or other images that flash or move. 2. Code Enforcement Officer — the Chief Building Official or his designee. 3. Conv — letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind, or to advertise, announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. 4. Copy Area: the area of the sign containing any copy, including the area between separate lines of text and the area between text and any symbol, sign, logo or graphic. ' 5. Design Overlay District — an area or areas within the Central Business District designated by the City Council and subject to specific design criteria. Ordinance No. 2099-10-02, Page 1 6. Easement — the property right of one person or entity over the real property of another. ' 7. Facade —any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction or in directions within 45 degrees of one another, they are to be considered as part of a single fagade. 8. Luminescent gaseous tubing.— exposed tubes used in or as signs which contain inert gases, including but not limited to, neon, argon and krypton. 9. Non-combustible material —any material that will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to bum or glow at that temperature or shall have a flame spread of 25 or less. 10. Owner — the owner of the sign, land or structure, or person responsible for erecting, altering, replacing, relocating, or repairing the sign or structure. 11. Sign —any medium, including its structure and component parts, including a name, identification, description, display and/or illustration, beacon, light, insignia which is affixed, directly or indirectly to or upon any building, structure, or vehicle, or erected inside a building or vehicle and visible from the exterior of the building or vehicle, or erected or maintained on any lot or tract of land which directs attention to an object, product, service, place, activity, person, institution, organization or business without regard to the message content or lack thereof. 12. Sim Area - the gross surface area of the sign, including a single surface of a sign with messages on ' both sides, the sum of all surfaces where two or more signs share a single structure, the gross surface area of both faces of a V-shaped sign; and the copy area of a monument sign. In the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by 10% for the second and each subsequent rectangle used in the calculation. a. Base Allowable area — the area calculated by measuring the horizontal length of the fapade adjacent to a public street of a major building and multiplying by two. b. Maximum Allowable area — the maximum area of any sign permitted under this Code. 13. Sim Height — the vertical height of a freestanding sign measured from the top of the adjacent curb to the highest point of the sign or its structure. 14. Sim Setback — the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest any point on an imaginary vertical plane projecting vertically from the front or side property line. 15. Sim Types - signs meeting the following criteria: a. Address Sim - a sign that displays only the assigned numbers and street name. Ib. Attached Sim —any sign attached to, applied on or supported by any part of a building enclosing usable space, including walls, roofs, canopies, awnings, or arcades. Ordinance No. 2099-10-02, Page 2 C. Awning Sim - a sign that is painted directly on canvas or other material with a framework that creates a sloped shading device for windows and/or entryways. ' d. Banner - a single sign or linked grouping of pennants of flexible material (e.g. cloth, paper, vinyl, etc.). Banners will include all flags or pennants that are not national, state or municipal flags, or the official flag of a public institution, e. Beacon (or Searchlight) - a source of high-intensity light with one or more beams directed into the atmosphere or any other point; or any light with one or more beams that rotate or move. f. Billboard - an off -premises outdoor display panel designed to carry advertising. g. Building marker - a sign indicating the name of a building and date and information about the structure's historical significance, which is cut into or an integral part of a wall surface; or a wall -mounted or freestanding plaque of bronze or other permanent material describing such information. This is not an address sign. h. Canopy Sim -any sign that is an integral part of or is attached above or below a canopy, awning, or other protective cover and include signs hung from the underside of a canopy structure either parallel or perpendicular to the building's fagade; signs or letters mounted on the top of the canopy structure; signs on the fascia of canopies such as those used by gasoline stations; and those attached to a roof overhang or porch that is not an integral part of the mof that encloses the interior of a structure i. Changeable Cony Sim - a freestanding sign, or wall -mounted sign, or part of a larger freestanding sign, usually of secondary importance, describing with manually interchangeable ' plastic letters and symbols movie listings, lunch specials, welcome greetings, etc. Such a sign type includes bulletin boards and theater marquees. This sign type is distinguished from a message center. j. Civic Group Sim — a sign identifying groups such as Rotary, Lions Club, Jaycees, etc. k. Conforming Sim - a sign which is lawfully in place on a tract of land which complies with all zoning regulations. 1. Construction Sim - a sign which indicates the names of architects, engineers, landscape architects, contractors, and/or sponsors, etc. having a role or interest with respect to the structure or project. M. Directional Sim -any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project without any form of advertising. n. Fly- fabric containing distinctive colors and patterns that represent an official symbol of a nation, state, school, religious group, or other type of public institution. o. Flashing Sim - my sign that incorporates the use of a pulsating, blinking, or rotating light source, including a light source that changes or alternates the color of the light in sequence. p. Fiver - my advertising circular mounted with glue, nailed, stapled, or otherwise affixed to a ' pole, fence, wall or other structure. Ordinance No. 2099-10-02 Page 3 q. For Sale. Rent. or Lease Sim - a sign that advertises the availability for sale, rent or lease of a tract of land, a structure, or portions of a structure. ' r. Freestanding Sim -any type of sign supported by structures or supports that are placed on or anchored in, the ground; are structurally independent of any building or other structure; and are intended to be permanent, including pole, pylon and monument signs. Advertising display supported by uprights or braces in or upon the ground; or any forms that are rigidly affixed or attached to the ground, including but not limited to signs placed on benches, gasoline pumps, oil racks, vending machines, etc. are free-standing signs. s. Garage Sale Sim —a temporary sign advertising occasional sales on residential premises. t. Highway Sim - a freestanding off -premises sign or billboard located within 660 feet of my state or federal highway right-of-way and visible from the main traveled way requiring an Outdoor Advertising License from the Texas Department of Transportation. U. Identification Sim — a sign identifying a complex or group of buildings which does not include the names of individual tenants. V. Inflatable Sim— my hollow sign expanded or enlarged by the use of air or gas. W. Illuminated Sim — my sign which has cbaracters, letters, figures, designs or outline illuminated directly or indirectly by electric lights, luminous tubes or other means. X. Lamppost Sim — a hanging sign attached by metal hinges to a cast iron or cast aluminum ' tapered and fluted post. Y. Menu Boards — an on-site display of menu items at a drive-in or drive-tbru restaurant. Z. Message Center - a sign that changes messages electronically with either an alternating light board, flip panels, or such devices. An alternating time and temperature display is considered a message center sign. aa. Model Home Sim — a sign identifying model homes and model home parks, including sales offices. bb. Monument Sim - a freestanding sign having a low profile, made of stone, concrete, metal, brick a similar materials designed to complement the architecture of the building or complex, mounted on a solid base. CC. Multi -Tenant Complex Sim - a sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip -center development, an industrial park complex, or a multi -tenant structure or complex of buildings with a unifying time and a listing of businesses contained within the grouping. An identification sign without listing of individual tenants is not a Multi -Tenant Complex sign. See Identification Sign. dd. Mural — a work of art applied directly to a wall, ceiling, or floor surface where forms and/or ' figures are the dominant elements and not intended for commercial advertising. Any form of wording or logo shall be of secondary nature to a moral. Ordinance No. 2099-10-02, Page 4 CC. Name Plate — a sign showing only the name and address of the owner or occupant of the premises. ' ff. Non -Conforming Sim - a sign which does not conform to the requirements of the current regulations which, when removed, shall be required to conform to adopted standards. gg. Occupation Sign — a sign showing only the name and occupation of the owner or occupant of the premises. hh. Obsolete /Abandoned Sim - a sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, non functional, in disrepair, or hazardous as a result of lack of maintenance; a nonconforming sign structure that has lost legal status as a result of abandonment or lack of use. ir. Official Sim - a sign erected by a governmental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating seasonal or civic events sponsored and/or endorsed by the City Council may be Official signs. Off -Premise Sim — a sign displaying copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. kk. On -Premise Sim - a sign which advertises or directs attention to a business, person, ' organization, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. 11. Permanent Sim — an attached or detached sign placed in a fixed location or affixed to a permanent structure of a maximum height and area described in Table 7.23. mm. Pole Sim —a sign mounted on a pole(s). M. Political Sim - a temporary sign pertaining to a national, state, or local election and erected for the sole purpose of advertising a political candidate, political party or ballot measure. oo. Portable Sim - a sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place, including, but not be limited to signs designed to be transported by means of wheels; signs converted to A- or T - frames; menu and sandwich boards; balloons or any other inflatable fomes; umbrellas used for advertising; statues or figures situated on a trailer; or Vehicular signs. pp. Projection Sim -any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve inches beyond the surface of the building or wall. qq. Protective Sim — a sign intended to safeguard the premises, including but not limited to, "No parking," "No trespassing," "Bad Dog," "No dumping," "No Solicitors" and the like. ' m. Roof Sim - an advertising display that is erected, constructed, or mounted on the roof of a structure which encloses the interim space. Signs mounted on an overhang or covering of an entryway or porch are considered Canopy signs. Ordinance No. 2099-10-02, Page 5 SS. Seasonal Decorations — special lighting or banners celebrating seasonal events or holidays. ' h. Security Sim — a sign which identifies emergency telephone numbers, hours, and security information. uu. Special Events Sim — signs, banners, pennants, or lights as may be authorized for special events. W. Subdivision Entrance Sign - a sign identifying the name of a subdivision without my other information. ww. Street Sim — a sign or signs located at the intersection of a public street. M. Temporary Sims — a sign which is to be removed within a specified period of time or upon the occurrence of a specified event meeting the height and area requirements of Table 7.22. yy. Tmffic Sim —a sign required to provide for the safety of the traveling public which is placed in accord with the Manual on Uniform Traffic Control Devices (MUTCD). M. VehicularSim —a sign attached to or upon any vehicle where that vehicle is parked within 20 feet of a public right-of-way and is stopped, parked, or allowed to remain in the same location for my period exceeding 24 hours if the vehicle contains arrows, directional information or promotional advertising relating to a business. aria. V-shaped Sim — a freestanding sign constructed of two (2) panels in the form of a V when tseen from above, with a maximum angle between the panels of 45 degrees. bbb. Wall Sim - an attached display affixed to a wall or structure that does not project more than 12 inches from the building. See Attached sign. ccc. Window Sim - a sign that is applied or attached to the exterior or interior of a transparent window or glass door. ddd. Zoning Sim — a sign required pursuant to Section 4.06 (5) of this Code located on property for which a zoning change has been requested. 16. Visibility Triangle — the area within a right angle formed by extending the curb lines of intersecting streets from the point of intersection for a distance of 45 feet to the hypotenuse, or far streets intersecting a driveway or alley for a distance of 20 feet to the hypotenuse. 17. Zoning Districts — the zoning district in which the sign is located, described as follows: a. Single-family Residential District — includes area located in districts zoned R-1, R-1.5, R-2, R- 3, R-4, R-5, R-6, and R-7 Single-family Residential and Single-family Residential Estate Districts. b. Multi -family Residential District — includes area located in districts caned 2-F Duplex, TH - Townhouse, MF -12 and MF -18 Multi -family, and CBD - Mixed Use Residential Districts. 'C. Office and Office Technology District -_ includes area located in districts zoned GO — Garden Office, O - Office, OT - Office Technology, TR -Technology Research Districts, and CBD - Office. Ordinance No. 2099-10-02, Page 6 d. Commercial/Retail District --includes area located in districts zoned LR -Local Retail, SC - Shopping Center, LC - Light Commercial, GB - General Business, CC - Corridor Commercial, ' CBD -Retail and CBD -Self Storage. C. Design Overlay District — an overlay district in the Central Business District subject to specific design guidelines. f Industrial District - includes area located in districts zoned IT - Industrial Technology, LI - Light Industrial, and HI - Heavy Industrial. g. Institutional District - includes area located in districts zoned CF - Community Facilities and CBD - Institutional. h. CBD Mixed Use District — includes CBD — Mixed Use Residential, CBD — Retail/Office, CBD - Institutional/Office. Section 7 09.3. Nuisances. The following signs are deemed a public nuisance and may be removed and impounded without prior notice: 1. Any sign erected, constructed or placed in a manner that constitutes a traffic hazard; and, 2. Any sign erected in or over any public right-of-way. Section 7.09.4. Prohibited Signs. ' The following signs are prohibited: 1. Off -Premise tempaFary Foal estate dirootionalsigns, except as specifically allowed by this ordinance. 2. Portable Signs. 3. Vehicular Signs. 4. Any sign that uses any combination of forms, words, colors or lights which imitate emergency or traffic signs or signals. 5. Any Illuminated sign within 150 feet of any Single-family Residential District. 6. Any sign erected or affixed within or projecting over any public right-of-way except Official Signs, Special Events Signs authorized by the City Council, or Subdivision Entrance Signs. 7. Any sign located within the visibility triangle at the intersection of any public street with a public street, driveway, or alley, and which does not maintain a minimum sight clearance of 200 feet. 8. Any flashing sign, beacon, or any sign that flutters, undulates, swings, rotates or moves. 9. Any Message Center displaying any information except time and temperature. ' 10. Any banner, flag, balloon, or pennant is prohibited, except as otherwise provided. 11. Any flyers attached, affixed, stapled or glued to a pole, fence, wall or other structure. Ordinance No. 2099-10-02, Page 7 12. Highway Signs or Billboards, with the exception of billboards existing on effective date of these regulations. ' 13. Signs painted directly on the surface of a building or structure. 14. Any display or advertisement that includes any obscene, indecent or immoral matter. 15. Any sign which exceeds the maximum height and area requirements established in Tables 7.22, 7.23, 7.24, and any temporary sign exceeding the time limits established in Table 7.23. 16. Any obsolete/abandoned sign. Supp. No. 1 (1939-5-01) Section 7.09.5. General Regulations. 1. Temporary Signs shall comply with the requirements of Table 7.22 for maximum height, maximum allowable area, maximum number of signs, minimum spacing and setback requirements, and subject to time or event restrictions. 2. Permanent Signs shall comply with the requirements of Table 7.23 for maximum height, maximum allowable area, maximum number of signs, and minimum spacing and setback requirements. 3. All Permanent Signs located in the Central Business District shall comply with the requirements of Table 7.24 for maximum height, maximum allowable area, maximum number of signs, and minimum ' spacing and setback requirements. 4. Illuminated Signs require an electrical contractor voucher to be filed with Building and Code Compliance Department. All Illuminated Signs shall meet the requirements of the Underwriters Laboratory and the City of Allen Electrical Code. 5. No sign shall be erected, relocated or maintained in a manner that prevents the free ingress or egress from any door, window or fire escape. 6. No sign shall be attached to a standpipe or fire escape except Official Signs. 7. Any sign erected or maintained within five (5) feet of the public rights-of-way shall be smooth and free of nails, tacks and wires. 8. Gooseneck reflectors and lights are permitted on Freestanding and Wall Signs provided that lighting or glare does not extend beyond the property line. 9. Permanent Signs of eight feet (8'-0") in height or less shall be monument type. 10. Attached Permanent Signs and Free -Standing Signs shall be designed to resist a 100 mile -per -hour lateral wind load, and shall be constructed to receive dead load as required by the City of Allen Building Code. A structural Engineer's seal may be required. 11. The structural elements of Permanent Signs shall be constructed of materials that are noncombustible ' and may be supported by noncombustible materials only, and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Chief Building Official. Ordinance No. 2099-10-02, Page 8 .�..... .......... .. 16 ...... ..-...... Section 7.09.6. Signs Requiring Approval of the Sign Control Board. The followmg signs are prohibited unless approved by the Sign Control Board: Ordinance No. 2099-10-02, Page 9 Section 7.09.6. Signs Requiring Approval of the Sign Control Board. The followmg signs are prohibited unless approved by the Sign Control Board: 1. Civic Group Signs. 2. Murals. 3. Public service structures, such as bus stop and crossing guard shelters, park benches, trash receptacles with advertising limited to time, logo, hours of operation, address, telephone, and a single promotional slogan. 4. Renewals of all temporary signs that require a permit. 5. Signs proposed in conjunction with the approval of any Specific Use Permit for Outdoor Storage and Display. The Sign Control Board shall review sign proposals prior to the consideration of a Specific Use Permit for Outdoor Storage and Display by the Planning and Zoning Commission and shall forward their recommendation to the Commission as part of the approval process. 6. Subdivision M Signs. Supp. No.1 (1939-5-01) Section 7.09.7. Signs Not Requiring a Permit. The following signs which do not exceed the requirements of Table 7.22 or 7.23 do not require a permit 1. Protective Signs which may be affixed to walls and fences. 2. For sale, lease or rent signs. 3. Political Signs. 4. Name Plates. 5. Occupational signs. 6. Memonal signs or tablets. 7. Garage Sale Signs. 8. Security Signs. ' 9. Window Signs. 10. Official Signs. Ordinance No. 2099-10-02, Page 9 It. Seasonal Decorations. 12. Texas State Historic Markers 7.09.8. Temporary Signs. 7.09.8.1. Political Signs. 1. The owner or occupant of any premises may erect Political Signs for a period of 30 days prior to any election and shall remove the signs within two days after the election. 2. Political Signs on any property are limited to one grouping, defined as an area not exceeding 100 square feet and contained within the same lot, limited to the number of candidates running for a particular office, with only one sign per candidate. 3. The written consent of the property owner is required for all Political Signs located on vacant property and that of the property manager or homeowner's association for all political signs located on multi -family properly. The written permission shall be filed with the Chief Building Official. 4. There is no limit to the number of Political Signs less than or equal to three square feet in area. Each candidate or issue is permitted a maximum of ten signs larger than three square feet, with a maximum sign area of sixteen square feet for each sign. 5. Occupied single-family residential property is exempt from these reeulations. ' Supp. Na. 1 (1939-5-01) 7.09.8.2. Special Events and Grand Opening Signs. I. Owners shall be allowed a maximum of three permits per year for Special Events Signs and Banners, with a minimum of 90 days between permits. 2. Inflatable Signs, Balloons, Pennants and Banners are permitted for a single "Grand Opening" event lasting no more than twenty-one (2 1) days. 3. Banners, Pennants, Balloons and hlflatable Signs shall be securely tethered, fastened or affixed to prevent flapping, fluttering, swinging or moving. 7.09.9 Permanent Shins 7.09.9.1 Freestanding Signs. 1. No Freestanding Sign shall be located less than thirty feet from any adjacent property line nm less than 100 feet from any single-family residential district. 2. Monument signs shall be permitted a maximum copy area and a maximum structure size based on the zoning district in which the sign is located. Monument Signs shall harmonize aesthetically with the architecture of the establishment it serves. ' 3. Freestanding Signs shall be protected by wheel or bumper guards when required by the Chief Building Official. Ordinance No. 2099-10-02 Page 10 4. Supporting poles, towers, guys or braces are not allowed. 5. Freestanding Signs shall be placed in concrete base or footings. 6. Pole Signs for gas, food, or lodging, may not be located more than 100 feet from the right-of-way line of U.S. 75. The maximum height shall be measured either from the property line, the surface of the abutting service road, or the principal lanes of the freeway, adjacent to the sign location. 7. The location of any Freestanding Sign most comply with horizontal and vertical clearance requirements of any utility company with overhead lines. Section 7.09.9.2. Attached (Wall or Roof) Signs. 1. Attached Signs shall not extend more than four (4) feet above roof or parapet wall. 2. Copy painted, stenciled, affixed, or otherwise applied to any awning shall be included in the calculation of maximum allowable copy area. 3. Canopy Signs in any zoning district shall be installed so that the lowest edge is not less than nine feet above the sidewalk. Canopy Signs shall be included in the calculation of maximum allowable copy area. 4. Roof signs intended to be visible from the air shall, when projected to ground level, form an angle with the ground plane of less than 25 degrees. ' Section 7.09.10 Administrative Provisions Section 7.09.10.1. Sign Permit Required. Except as otherwise provided, it shall be unlawful for any person to erect, alter, or relocate within the City any sign without fust obtaining a sign permit from the Chief Building Official. The permit may cover more than one sign, but shall apply to only one applicant and one location. Applications for sign permits shall contain or have attached thereto the following information: 1. Name, address, and telephone number of owner of the land or structure where the sign is to be constructed, erected or placed. 2. Name, address, and telephone number of the person responsible for erecting, altering, replacing, relocating, or repairing the sign or structure. 3. Location of building, structure, or lot to which or upon which the sign is to be constructed, attached erected, or placed. 4. Position of the sign in relation to nearby buildings or structures, including other signs. 5. 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. ' 6. Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure. Ordinance No. 2099-10-02, Page 11 7. The zoning classification of the property on which the sign is to be or is located and the zoning classification of all property within two hundred fifty (250) feet. ' 8. Advertising copy for the proposed sign face. 9. Highway Signs require the submission of a copy of the State permit prior to issuance of City permit. 10. The location of overhead utilities and the acknowledgement of any private utility company concerning vertical and horizontal clearance requirements at the location proposed. 11. Such other information as the Chief Building Official may require, including certification by a registered professional engineer if deemed necessary to insure compliance with the structural requirements. Section 7.09.10.2. Issuance and Term of Sign Permit. The Chief Building Official shall examine all applications for sign permits and examine plans, specifications, other data and the premises upon which it is proposed to erect or repair any sign, and shall issue a sign permit if the sign or sign meets all requirements of the City, or shall refer the sign to the Sign Control Board for approval if required by this Code. Sign Permits expire ninety (90) days after issuance. Whenever any work for which a permit is required has conunenced without first obtaining a permit, a special investigation shall be made before a permit may be issued. An investigation fee in addition to the permit fee may be collected at such time as a permit is issued. The investigation fee shall be an additional fee equal to the amount of the permit fee. ' Section 7.09.10.3. Existing Nonconforming Signs. Any Non -Conforming Sign in existence prior to the adoption of these regulations may be repaired, but not altered or moved unless made to conform to these regulations. If the sign is removed in order to make repairs, it shall be replaced within thirty (30) days, or the permit is void. Thereafter, the sign shall conform to the requirements of this Section. Notwithstanding other provisions of this Section, any sign or signs for which a temporary permit has been issued by the City shall be permitted to remain at the location or locations authorized by the permit for as long as the permit is valid and all the requirements of the permit have been met. Section 7.09.10.4. Removal of Certain Signs. 1. The Chief Building Official shall, without the requirement of notice, order the immediate removal of all signs deemed to be a nuisance under Section 7.09.3. 2. Any existing sign that no longer advertises a bona fide business conducted or product sold on the premises, shall be removed by and at the expense of the property owner within thirty (30) days. 3. The copy on a conforming monument sign that no longer advertises a bona fide business conducted or product sold on the premises shall be removed within thirty (30) days. ' 4. The structure, pole, frame, and copy of a non -conforming sign which no longer advertises a bona fide business conducted or product sold on the premises shall be removed in its entirety or altered to meet the requirements of these regulations within thirty (30) days. Ordinance No. 2099-10-02 Page 12 5. The Chief Building Official shall provide a ten (10) day written notice to the property owner to cure or cored any sign found to be unsafe, insecure, or a menace to the public. If the owner fails to cure ' or correct, the Chief Building Official shall order the sign removed. The costs of removal shall be assessed against the property and a lien filed in Collin County, unless payment is tendered within thirty (30) days. 6. Chief Building Official shall not process any application nor issue any permit for a sign located on the same premises or for any other premises of an owner in violation of Section 7.09. 7. Prohibited signs confiscated by the City will be stored for ten (10) days, and may be claimed by Owner by payment of $5.00 per sign, plus any cost of removal. Any confiscated sign not claimed within ten (10) days , may be destroyed. Section 7.09.10.5. Notice to Remove. Except m otherwise provided, in the event the Owner fails to comply with the provisions of this section, the Chief Building Official shall send written notice directing the abatement of any violation, personally, or by serving the Owner by regWw certified mail or by publication two (2) times within ten (10) days in the official newspaper of the City if the Owner cannot be served personally, or if Owner's address is unknown. If the Owner fails to comply with the Notice of Abatement within ten working (10) days after notice, the sign shall be deemed a nuisance. The Chief Building Official shall cause the nuisance to be abated and shall charge all costs and expenses incurred therewith to the Owner. The expenses assessed for abatement shall be actual removal expenses, but not less than twenty-five dollars ($25), plus an administrative fee of fifty dollars ($50). Section 7.09.10.6. Inspection. ' The Chief Building Official shall inspect permitted signs on an annual basis, or as often as necessary to ascertain compliance with the requirements of this section. Ordinance No. 2099-10-02 Page 13 t x T _ G 9 N C E a C m C o y o c '^ y > > i' E E "z m u m n E d I E m 3 E 0 c Q o E ° m rn > O N V a c 7. m maim y o f d y8Vd C m w d ° d O O Cc cEa ° wo d 6 CCt n " = d 'E v m mw>9 cao Q Q y d w p E w c v m « E m Q V y m m 0) d d y vim{ O o 75 n N d d o ry 0 ro E Q E c° w m ami c >..y E m t E o a o a E o co o m 22 y 0 9 E d n m c 9 E o 0 Z C U c N y€ 0 9 a 'S o ° ;m E SS E 'aid 3 y c,da aa= n on d 'EE d mi ~am`o3 °d° H ao •z pajinboH llwiad z Y z> Y> z> > z z> z z z ul wnw u w aloe93 S paeA iuoad d C T n �°a y N y d O J 2 m m w d y d z > z z z m m 9 L m 0 d 00 0 9 0 9 9 m n d E z OC z z m z N n^ aV N r d N y % > d m 0 m d c c c c C) r BupedS wnwlulW2 ION All iegwnH wnwl"W c N (;eek wunbs) m ¢eJd WfIWn(¢W c n c C igBleH wnwlxeW c 2 0 m O v m m 2 c m m c O C L i s aci a Z Ey d w a EE n v c u w N o •> c c m Na E �' n > c n m _ _ E w A o t= S m m U Em d ' Z E z m d E O C c C C B d N U m m ° O J O N c �n Qc Qc mo 2 c < e ;7 0 0 m c7 'Q a a° 9 K O a 0 r z ti o R e e RF on Cn m Em 2 m gpp eke o E E r_% o E E S e E 9 m nEv„—_ am.g�E E v "m E2E 22 sR a YSLL E&2 2p 02 YZYYY> ��c222 222222 Lh221'w > 2 A TT>T»»»YY Lqq�«qq H $$$s$mm2$$'$2$$$$- .--2-�-F >TTTT» Com« > > � Oulnbey 11 Wled 22z 222222 �r- Yiz (d ul wnwlulw) yaepps P., wwi 6up.d, wnwwiw ie9wnN wnwlxeW 222222 2 a��y $,y^$22$$ -m a$222- 2 2 222222 (loAd eapnlwll IOwnwlxeW ms 2-2-22' 2 .N - - m mammmmgg$ AtlMcWwenbsl ewy o� nwlreW 44519H wnwxeW E i gg E c qq = EgEgx G w g g d g Y$ E 5 E 9 g @@@@E aE52BssE "s�abE 2282 Eg § „ v EPEE =_j �i < y v LLOS22222 in 4uE`AYrn EEE va jai, c y i-Eoo E E E v w-O,QE E E/EE m E 2 E`- _'ti - 2 pNEEEE LL �_m 'my, Ez3 $$ `23 t4 u E�Em355 Z§$ 9S QE g�gw�`3m� p$De $$ gg R o^ R EEF as =Sga a miSach a r z ti I ) f{� ccIE - k ©9 q \ S - 2 ` \ / \qq � x / 9223! g/§ !M !!! �!!! .c oe Ar oj VeMes PARA ;=A ,92929292;�.«>w.m=, ; e -, ., ... . :.... ,... _ �/ _.__ •! g 9292929292:����==jg!! « a �.; ; ,9. a .92.�,.� , _A 2 _.__ | / i / " "�•"i||.:|1 r!i 202 !, z 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. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remain ng portions of said ordinance or the Allen land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the caption 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, COLLIN COUNTY, TEXAS, ON THIS TRE Sru DAY OF OCTOBER 2002. APPROVED: A4Q'L—Gr Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, 0 V Ordinance No. 2099-10-02 Page 17 CMCIMMCA, CITY SECRETARY