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SIGN REGULATIONS ORDINANCE
NO. 1630-9-98
L
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CITY OF ALLEN
ORDINANCE NO. 1630-9-98
SIGN REGULATIONS
TABLE OF CONTENTS
SECTION 1. SHORT TITLE ....................................................
SECTION 2. DEFINITIONS ..............
........2
SECTION 3.
CLASSIFICATION OF SIGNS.............................................................................4
30
A.
CLASS 1..............................................................................................................4
B.
CLASS 2 - Window Signs....................................................................................7
C.
CLASS 3 - Traffic Related Signs..........................................................................8
31
D.
CLASS 4 - Temporary Promotional Signs............................................................9
31
E.
CLASS 5 - Major Freestanding Signs................................................................13
31
F.
CLASS 6 - Freeway Signs..................................................................................15
36
G.
CLASS 7 - Major Attached Signs.......................................................................
17
SECTION 4.
PERMISSIBLE SIGNS IN USE DISTRICTS........................................................18
A.
Single Family and Duplex Residential Districts ..................................................
18
B.
Apartment Districts............................................................................................19
C.
Office and Technical -Office Districts..................................................................20
D.
Industrial Districts..............................................................................................
22
E.
Retail and Commercial Districts.........................................................................23
F.
Public; Charitable; and Religious.......................................................................
25
SECTION 5. PROHIBITED SIGNS.........................................................................................26
SECTION 6. GENERAL REGULATIONS ..........................
SECTION7.
SIGN PERMITS..................................................................................................
30
A.
Permit required to erect, alter, replace, or relocate............................................30
B.
Application for permit to erect, alter, replace, or relocate...................................30
C.
Permit required to repair.... ................................................................................
31
D.
Applications for permit to repair.........................................................................
31
E.
Application for internally illuminated signs..........................................................
31
F.
Issuance and tens of sign permit.......................................................................31
36
G.
Sign permit fees.................................................................................................
32
SECTION 8. REMOVAL OF CERTAIN SIGNS...
SECTION 9. NONCONFORMING EXISTING SIGNS.
..33
..................... 34
SECTION 10.
SIGN CONTROL BOARD..................................................................................35
A.
Creation.............................................................................................................35
B.
Qualifications.....................................................................................................35
C.
Terms................................:...............................................................................35
D.
Compensation...................................................................................................35
E.
Board Officers...................................................................................................
35
F.
Quorum.............................................................................................................
36
G.
Meetings............................................................................................................36
H.
Records..............................................................................................................36
Ordinance No. 1630-9-98 Page i
I.
Powers and Duties...........................................................
SECTION 11.
VARIANCE FEES AND NOTIFICATION ...........................
SECTION 12.
INSPECTION..................................................................
SECTION 13.
RESPONSIBILITY FOR VIOLATION ................................
SECTION 14.
NOTICE TO REMOVE ......................................................
SECTION 15.
INJUNCTIVE RELIEF .......................................................
SECTION 16.
PENALTIES......................................................................
............................... 36
............................... 37
................................. 39
................................. 39
SECTION17. VALIDITY CLAUSE............................................................................................40
SECTION 18. EFFECTIVE DATE.............................................................................................40
Ordinance No. 1630-9-98 Page ii
SIGN REGULATIONS ORDINANCE
PURPOSE AND INTENT
The purpose of these regulations is to
encourage and promote a signage element of
the City of Allen that is consistent with the
quality of life standards expressed in the City's
Comprehensive Plan. These regulations are
intended to be a positive tool to accomplish this
purpose for the benefit of the residential and
business community, and are designed to
encourage aesthetically pleasing signage
design, materials, and placement.
ORDINANCE NO. 1630-9-98
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, REPEALING ORDINANCE NO. 1198-9-93 AND THE
AMENDMENTS THERETO, INCLUDING ORDINANCE NOS. 1217 -1 -94,1307 -12-
94,1367 -9-95,1416-3-96,
217-1-94,1307-12-
94,1367-9-95,1416-3-96, AND 1603-5.98; AND ADOPTING NEW REGULATIONS
CONCERNING 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 CONTINUATION OF THE SIGN BOARD;
PROVIDING FOR APPLICATION FOR VARIANCE OR APPEAL; PROVIDING
FOR NOTIFICATION OF VARIANCE OR APPEAL; PROVIDING FOR
INSPECTION; PROVIDING FOR THE RESPONSIBILITY FOR VIOLATIONS;
PROVIDING FOR REMOVAL; PROVIDING A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, has conducted continuing studies of the City of
Allen Sign Regulations; and,
WHEREAS, the Sign Control Board has conducted continuing studies of Sign Ordinances in
neighboring municipalities where such study will assist in upgrading the function of signing within
the City of Allen; and,
WHEREAS, the Sign Control Board has recommended repealing the previous versions of the Sign
Regulations Ordinance, and its amendments, and adopting certain revisions thereto; and,
WHEREAS, the City Council has evaluated the recommendations of the Sign Control Board and is
in agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That Ordinance No. 1198-9-93 and the amendments thereto, including Ordinance
Nos. 1217-1-94, 1307-12-94, 1367-9-95, 1416-3-96, and 1603-5-98, are hereby repealed.
SECTION 2: That 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:
Ordinance No. 1630-9-98 Page I
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:
Adjacent to U.S. 75: Shall mean within a 100 -foot setback of U.S. 75 right-of-way.
Alter: "Alter" shall mean to change the size, shape or outline, copy, nature of message,
intent, or type of sign.
Banner: "Banner' shall be considered a Class 1 sign if 16 square feet or under, and a Class
4 sign if over 16 square feet.
Building Official; Chief Building Official or his designee: "Building Official" or "Chief Building Official
or his designee" 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 professional appearance containing
information of a public interest nature where a portion of such information may be
affected by the replacement or interchange of letters, numbers, or other graphic
symbols by insertion, attachment, or similar means. The use of slate, chalkboard,
cardboard, or similar material with pencil, chalk, crayon, or similar types of marking
' is prohibited.
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 affixing
of signs to the exterior or interior to 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.
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.
Exception: Gross surface area of Class 6 off -premise freeway signs as described in
Section 3, Paragraph F (Class 6 - Freeway Signs) which are oriented to be visible
from that expressway shall allow two (2) sign facings, back to back, not to exceed
288 square feet per sign face. The gross surface area does not include the base or
apron, supports, or other structural members.
Ordinance No. 1630-9-98 Page 2
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.
Monument Signs: A monument sign is defined as any sign mounted to a solid base support
constructed of brick, masonry, or similar materials, at ground level. Height shall be
measured from top of curb adjacent to the sign.
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.
Parkway: 'Parkway" is defined as being the right-of-way area between the back of the curb
and the property line.
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.
Sign: The term "sign" shall mean and include every sign, name, number, identification,
description, announcement, declaration, demonstration, device, display, flag (other
than flags of the United States, and any state or local governmental body), 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. The term "sign" shall include painting which
directs attention to a product or business, including artistic murals.
Structural Trim: "Structural trim" shall mean the molding, battens, capping, 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 transported and
shall be considered a "vehicle" in both moving and stationary modes, irrespective of
state of repair or condition.
Ordinance No. 1630-9-98 Page 3
SECTION 3. CLASSIFICATION OF SIGNS
The following class cation of signs is established and herein described:
' A. CLASS 1 - Minor Signs (Permit and/or Sign Board approval not required, except where
specifically indicated)
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, except where specifically indicated. 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 lot or complex abuts more than one (1) dedicated street in which
event one (1) additional sign shall be allowed for each additional public street.
2. Signs not exceeding sixteen (16) 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) additional 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. A sign of 32 square feet will be allowed with
permit with a four (4) foot minimum clearance from the ground and twelve (12)
foot maximum height. If located on comer commercial lots, they may not be
located within a 25 foot comer clip of the paving intersection.
3. Name plates not exceeding one (1) square foot in area.
4. Temporary political which do not exceed 32 square feet in area are allowed only
on private commercial property as follows: Each candidate may have one (1)
such sign per intersection. Such signs shall be limited to eight (8) feet in height;
and securely attached to the ground with posts that will support the structure and
withstand the elements to remain in vertical alignment. If located on a comer lot,
such signs may not be located within a 25 -foot comer clip of the paving
intersection.
Temporary political signs which do not exceed 3 square feet in area are allowed
in right-of-way as follows: Each candidate is allowed only four (4) such signs
within 200 linear feet of any comer and, continuing along the right-of-way, within
each 200 linear foot distance thereafter. In single-family use districts, they must
be on private property and not in the right-of-way.
No political signs shall be allowed in any street median.
Ordinance No. 1630-9-98 Page 4
Political signs shall not be posted more than 90 days prior to, and shall be
removed within 15 days after, the election to which the sign relates.
' Exhibit "A" attached hereto indicates the possible locations for political signs.
5. Bulletin boards not exceeding sixteen (16) square feet in area for public,
charitable, educational, or religious institutions when such are located on the
premises of said locations 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 will be allowed. Where two (2) bulletin boards are allowed,
they shall be located on separate streets. Bulletin boards not exceeding thirty-
two (32) square feet shall be allowed with permit with the same above
restrictions.
6. Temporary construction signs denoting the architect, engineer, contractor, sub-
contractor, and/or financier and temporary signs denoting 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 sign not exceeding sixteen (16)
square feet in area and providing such signs do not exceed fifteen (15) feet in
height measured from ground level, and provided such signs are located on the
premises where construction or location being advertised is or will be occurring.
Only one (1) construction sign and (1) future location sign may abut a given
street. Signs not exceeding thirty-two (32) square feet shall be allowed with
permit with the same above restrictions. 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. Temporary realtor/broker (open house) 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.
Exception: These signs are prohibited in any street median, or on the parkway
area along or adjacent to a single family residential front yard.
No more than three temporary realtor open house directional signs may be
displayed off-site for one location or sale without a permit. When this number is
exceeded, the same requirements as temporary homebuilder directional signs
shall apply in their entirety, and shall be classified as a Class 4 sign.
Ordinance No. 1630-9-98 Page 5
90. Signs not exceeding one (1) square foot in area affixed to windows or doors
' which identifies emergency telephone numbers, hours, and security information.
11. Signs on sites used by public, charitable, educational, or religious institutions, in
any use district, where such signs may not exceed thirty-two (32) square feet in
area and may not exceed eight (8) feet in height provided such signs are an
integral part of the site architecture or landscaping. Such signs may be free-
standing or attached to features such as decorative screening walls and
landscape planters. No given site shall be allowed more than two (2) such signs.
12.
Garage Sale Signs:
a. No permit required
b. Maximum sign area - two (2) square feet
C. Signs shall include only the following:
-garage sale
-address
-hours of operation
d. Number of signs restricted to one (1) on-site and two (2) off-site signs.
e. Garage sale signs may be posted for no longer than 72 hours and it shall
be the responsibility of the individual to remove all signs prior to the
expiration of that time period.
f. Posting of garage sale signs is prohibited on any utility pole, public fence
or structure, or in any street median.
' 13.
Signs that are erected for the purpose of public notification for changes in zoning
or classification which meet the minimum standards of Comprehensive Zoning
Ordinance No. 829-11-87 will be allowed. Such signs must be removed within
fifteen (15) days following the public hearing.
14.
Banners 16 square feet or less in size. Such banners must be maintained in
good condition, and if deteriorated must be removed. Two such banners are
allowed at any given time, and are allowed for a 21 -day use period.
15.
Pennants or flags promoting an open house or grand opening are allowed for a
7 -day use period.
16.
Roadway signs approved by the City of Allen, to include "Adopt -A -Highway" and
similar programs.
17.
Civic group (such as Rotary, Lions Club, Jaycees) identification signs denoting
group name, logo, meeting time and place. Such signs require Sign Board
Approval and a permit issued by the Building Official, no fee required, and
applicant must submit location map, property owner permission, description of
sign to include size, message, construction material. It must be located on
private property or City right-of-way. If located in State right-of-way, State
approval is required. Liability for maintenance on signs and structure shall be
'
designated prior to approval.
Ordinance No. 1630-9-98 Page 6
B. CLASS 2 - W ndow 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 or painted on the internal surface of the window, or painted on
the external surface with water durable paint, of an establishment in commercial
or retail districts advertising services, products or sales within said establishment
or which announce opening of said establishment.
Ordinance No. 1630-9-98 Page 7
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, but not be 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:
On-site directional signs not exceeding eight (8) square feet, provided such
directional signs do not contain advertising 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.
Ordinance No. 1630-9-98 Page 8
D. CLASS 4 - Temporary Promotional Signs
(Permit required and Sign Board approval required for renewals)
' Temporary promotional signs in the use districts where permitted, require a sign permit
to be issued by the Building Official prior to erection. Application for permit 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:
Banners over 16 square feet with a maximum single use period of thirty (30)
days with a minimum period between permits of ninety (90) days and a
maximum number of three (3) permits per year for a given establishment or
center.
Balloons, or other floating devices, promoting a merchandise program or opening
of a retail or commercial establishment or center with a maximum single use
period of thirty (30) days with a minimum period between permits of ninety (90)
days and a maximum number of three (3) permits per year for a given
establishment or center. Such devices shall be limited in height to the height
restriction for that zoning district, nonilluminated, and tethered to the ground or
structure.
' 3. Temporary signs 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.
4. Free-standing signs for the purpose of identifying location of or direction to,
subdivisions or major home builder sites, and commercial tracts. 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 (1) on-
site sign shall be allowed for subdivisions, major homebuilder sites, and commer-
cial tracts 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
subdivisions, major home builder sites, and commercial tracts on-site and off-site
signs shall be granted for a maximum period of one (1) year and may be
extended in one (1) year intervals upon approval of the Sign Control Board. The
Sign Control Board shall upon extension of a permit, place restrictions or condi-
tions on the permit as they deem necessary.
All signs shall maintain a 25 -foot corner clip at paving intersections.
Ordinance No. 1630-9-98 Page 9
5. Free-standing signs for the purpose of announcing of future location of a
' religious, educational, or charitable institution, up to ninety-six (96) square feet
will be allowed, and provided such signs shall be located on site and placed not
closer than twenty (20) feet from street, or alley, and may not exceed fifteen (15)
feet in height measured from ground level. One (1) on-site sign shall be allowed
on ten (10) acres or less. Permits for such signs shall be granted for a maximum
period of one (1) year and may be extended in one (1) year intervals upon
approval of 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.
6. Off-site commercial advertising signs on Public Service structures. Such signs
shall include bus -stop weather shelters, crossing guard shelters, park and/or
resting benches, litter and trash receptacles, and such other structures as shall
be classified by the Sign Control Board.
The signs must be temporary and must have Sign Control Board approval and a
permit will be required. These permits will be granted for a maximum period of
twelve (12) months and may be extended in twelve (12) month intervals upon the
approval by the Sign Control Board.
Requirements - An advertising message permitted on this category of sign would
be limited to the following:
' a. Name of commercial company
b. Company logo
C. Hours of operation
d. Address and telephone number
e. One promotional slogan
Surface of the sign area is limited to a maximum of 12 square feet. All allowable
advertising must be affixed to the surface of the structure.
Such signs shall not be allowed in Single Family or Multi -family residential zoning
districts.
Any surface used for a sign of this nature must be clearly identifiable as a public
service structure as described above.
The application for sign permit must be accompanied by a letter granting
permission of placement from the landowner where signs are to be placed on
private property and also provide detailed information giving the number of signs
desired, location of and the purpose of all signs.
Standard design construction, materials, and maintenance of all off-site
commercial advertising signs on Public Service structures must be approved by
the Building Official.
' 7. Temporary home builder directional signs located off the premises being
advertised providing such signs do not exceed four (4) square feet in area and
Ordinance No. 1630-9-98 Page 10
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.
Placement: These signs are allowed in the parkway between the sidewalk and
the back of the curb. The face of the sign must not protrude onto the sidewalk or
the street. In cases where no sidewalk exists, or the sidewalk is adjacent to the
back of the curb, sign faces shall not protrude past the right-of-way line onto
private property.
Exception: These signs are prohibited in any street median, or on parkway along
or adjacent to a single family residential front yard.
Off-site temporary home builder directional signs will be allowed on major and
secondary thoroughfares only, except they may be placed on collector and
residential streets in subdivisions under development and less than 70% built
out, and not adjacent to an occupied single family residence.
Signs shall be setback a minimum of fifty (50) feet from an intersection and
twenty-five (25) feet from any alley or curb cut. Like signs shall be separated by
at least one thousand (1,000) feet measured in a straight line, except that two
like signs directing homebuyers in two different directions to separate
subdivisions would be allowed at critical intersections. Signs on McDermott
Drive from U.S. 75 to S.H. 5 would be limited to within five hundred (500) feet
from U.S. 75 and between S.H. 5 and Cottonwood Creek Bridge, maintaining the
fifty (50) foot rule from the intersections, and twenty-five (25) foot rule from curb
cuts.
Vehicles installing signs must have a Flashing yellow strobe light mounted on top
of the cab, and a reflectorized sign warning of frequent stops; and the standard
reflectorized slow-moving vehicle triangular sign must be mounted on the trailer
or installation vehicle if no trailer is used. Vehicles installing signs must do so
only from the right-hand lane. Persons installing signs must wear reflectorized
vests.
Three (3) violations in a 12 -month period constitutes grounds for revocation of
the permit. If a number of violations occur in one weekend, that shall constitute
only one violation.
Permit Required: (Sign Board approval not required)
1. A permit is required to display temporary homebuilder signs.
2. Each group of identical signs shall require one permit.
3. Permits shall be renewed annually from date of issuance.
4. The builder advertised shall be the responsible party.
Ordinance No. 163&9-98 Page I1
8. Model Home Signs - Signs identifying model homes and model home parks,
including sales offices, shall be permitted, but are limited to the following
' conditions:
a. Model home signs shall be on -premise and only allowed on the lot
developed with the model home.
I
1
b. Only one (1) sign advertising a model home may be permitted per builder
or developer for each model home or model home park.
C. Model home signs shall not exceed thirty-two (32) square feet in sign
area.
d. Model home signs shall be limited to a maximum of six feet (6') in height.
Ordinance No. 1630-9-98 Page 12
E. CLASS 5 - Major Freestanding Signs
(Permit required/Sign Control Board approval required only as specified)
' Monument and/or Pole signs are permitted along U.S. 75 for single or multi -tenant
properties. All other areas of the City shall be allowed only monument signs as defined
in the Retail and Commercial District of Section 4.
Major freestanding signs in the use districts where permitted, require a sign permit to be
issued by the Chief Building Official or his designee 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 constructed to receive dead load
as required in the Building Code or other ordinances of the City. All major freestanding
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 fin-
ished 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 or his designee. Monument signs shall harmonize aesthetically with the
architecture of the establishment it serves. Any additional structure above 60 square
feet is intended for architectural enhancement and must be brick, masonry, or similar
materials, and the base support will be included in this square footage. A licensed
engineer's certification shall be submitted to insure compliance with the structural
requirements above.
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 single -tenant 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, 15 feet from the right-of-way, 25 feet from
drive cuts, and providing that no sign is located within one hundred (100) feet of any
single family residential zoned property. Major freestanding multi -tenant 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, 30 feet from
the right-of-way (if sign is above 8 feet in height, otherwise 15 feet from right-of-way), 25
feet from drive cuts, 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 advertise 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.
Ordinance No. 1630-9-98 Page 13
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 tensed as "multiple -
tenant major freestanding signs." Height, area, and permissible number
regulations for such signs are specified in Section 4.
r�
Ordinance No. 1630-9-98 Page 14
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 or his designee prior to erection. Freeway signs must be
freestanding and are permitted only adjacent to U.S. 75. 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, measured either
from the property, the service road, or the principal lanes of the freeway, whichever
allows the greater height. Specifically, 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 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 fifty (150)
square feet. A minimum separation of one hundred and twenty (120) feet must
be maintained between any two (2) such signs of this type.
2. Class 6 Billboard Signs located Adjacent to U.S. 75:
With the exception of billboards existing on the effective date of this ordinance,
all future billboards are prohibited. Those in existence on the effective date of
this ordinance shall be allowed to remain and be renewed annually.
Existing billboard signs may be used for the purpose of identifying and providing
directional information to industrial, retail, or commercial sites, and signs used
exclusively for identifying land developers and homebuilders information and
providing directional information, and signs used to provide location and direc-
tional information for lodging accommodations, and signs used for the purpose of
advertising any bona fide business. Billboard signs shall be allowed only for
advertisement of businesses or developments within the corporate city limits of
the City of Allen and any city sharing a common border with the City of Allen.
Any advertised use which, in the opinion of the Building Official, requires Sign
Board review, shall be submitted for a decision. Two sign facings are allowed,
back to back, and each sign facing may not exceed an area of 288 square feet.
Illumination shall be provided by external Flood lights rather than internal illumina-
tion. External fighting shall not create any traffic hazard.
A minimum separation of two thousand (2,000) feet must be maintained between
any two (2) such signs of this type on the same side of the freeway, and five
Ordinance No. 1630-9-98 Page 15
hundred (500) feet from a billboard on the opposite side of the freeway. Such
signs shall be set back a minimum of fifty (50) feet from front and side property
' lines at street intersections. Such signs shall be finished and maintained in a
presentable manner with metal supports and construction, no wood allowed.
Renewals for billboard signs shall expire one year from date of issuance and
renewal applications must be submitted in writing at least thirty (30) days prior to
expiration date. Both state and city permit numbers must be displayed on the
sign facing.
Ordinance No. 1630-9-98 Page 16
G. CLASS 7 - Major Attached Signs (Permit required)
' Major attached signs in the use districts where permissible, require a sign permit to be
issued by the Chief Building Official or his designee 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:
Any sign not defined as a minor sign or window sign and is affixed directly or
indirectly to the exterior of any surface of any building, to any "projecting struc-
ture" of a building, as defined in Section 2, or to any outdoor structure 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 or
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 transportation, and services available and
of interest to air transportation users.
Ordinance No. 1630-9-98 Page 17
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 specked herein:
B. Single Family and Duplex Residential Districts:
1. These use districts shall include all zoning 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.
Ordinance No. 1630-9-98 Page 18
C. 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 thirty (30)
square feet with an additional 15 sq. ft. for structure, and provided
that no more than one (1 freestanding (or major attached) sign per
adjacent public street for an apartment complex shall be permitted
and providing that the height shall not exceed six (6) feet.
6. Class 7 - Major Attached Signs, shall be permissible in these districts
providing no more than one major attached sign (or major
freestanding 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.
Ordinance No. 1630-9-98 Page 19
L]
[_I
I
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 4- Temporary Promotional Signs, shall be permissible in these
districts.
5. 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 thirty (30)
square feet with an additional 15 sq. ft. for structure, and provided
that no freestanding sign exceed a height of six (6) feet.
6. 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 landscape
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.
d. For a single sign attached to the surface of an integral part of the building
architecture above the roof line, the sign area regulations shall be the
Ordinance No. 1630-9-98 Page 20
same as for signs attached to the surface of the main building. For
buildings intended for multiple occupancy and where the integral ar-
chitectural design provides for separate features for attaching signs
above the roof line, multiple attached signs shall be permitted, provided
that the sign 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
Ordinance No. 1630-9-98 Page 21
E. 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.
6. Class 6 - Freeway Signs may be located in these districts.
Class 7 - Major Attached Signs shall be permissible in these districts,
except where restricted to retail and commercial districts as
specified 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.
Ordinance No. 1630-9-98 Page 22
3. Class 3 - Traffic Related Signs, shall be permissible in these districts.
4. Class 4 - Temporary Promotional Signs, shall be permissible in this district.
5. Class 5 - Property Adjacent to U.S. 75:
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 less and provided that one (1) additional freestanding
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 freestanding signs in industrial districts shall not exceed
sixty (60) square feet in area and may not exceed a height of
twenty (20) feet.
'
Property Not Adjacent to U.S. 75:
Where property is not adjacent to U.S. 75, monument signs shall
be required, and shall not exceed a height of eight (8) feet and a
sign area of sixty (60) square feet, with an additional 30 square
feet allowed for structure. One (1) major freestanding monument
sign shall be permitted for industrial sites of ten (10) acres or less
and provided that one (1) additional freestanding monument sign
shall be permitted for each additional ten (10) acres. In any
event, no more than one (1) major freestanding monument sign
shall be permitted per industrial building per each adjacent public
street.
6. Class 6 - Freeway Signs may be located in these districts.
Class 7 - Major Attached Signs shall be permissible in these districts,
except where restricted to retail and commercial districts as
specified 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.
Ordinance No. 1630-9-98 Page 22
F. 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 permissible 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.
Property Adiacent to U.S. 75:
"Single -usage major freestanding pole 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 -tenant
major freestanding pole signs" as described in Section 3, shall not
exceed a height of thirty (30) feet and shall not exceed an area of
one hundred fifty (150) square feet. The number of signs shall be
limited by the following:
' Multi -tenant: Shopping center and multi -tenant commercial
shall be allowed one (1) multi -usage pole sign. For sites of
15 acres or less, 150 sq. ft. multi -tenant may be allowed,
and for sites of 15.1 acres or more located at the
intersection of two major thoroughfares, a second multi -
tenant sign, monument only, is allowed 8 feet in height, 60
sq. ft. in size. Multi -tenant sites under 5 acres are allowed
a multi -tenant pole sign 20 feet in height, 60 sq. ft. in size.
Single -tenant: Single -tenant parcels shall qualify for one
pole sign.
If monument signs are requested for multi -tenant or single -
tenant signs, they shall follow the requirements set out
below for monument signs.
Property Not Adjacent to U.S. 75:
Multi -tenant: Shopping Center and multi -tenant commercial shall
be allowed one (1) multi -tenant monument sign. For sites of 15
acres or less, 150 sq. ft. of sign with an additional 75 sq. ft. of
structure may be allowed, at a height of fifteen (15) feet, and for
sites of 15.1 acres or more and located at the intersection of two
major thoroughfares, a second multi -tenant monument sign, is
allowed 8 feet in height, 60 sq. ft. in size, with an additional 30 sq.
ft. of structure. Multi -tenant sites between 2.1 and 5 acres are
Ordinance No. 1630-9-98 Page 23
allowed a monument sign 8 ft. in height, 80 sq. ft. (with an
additional 30 sq. ft. for structure). Multi -tenant sites 2 acres and
under are allowed a multi -tenant monument sign 8 feet in height,
60 sq. ft. in size, with an additional 30 sq. ft. of structure.
Single -tenant: Single -tenant sites shall be allowed one monument
sign 8 feet in height 60 sq. ft. in size, with an additional 30 sq. ft.
of structure.
7. Class 6 - Freeway Signs, shall be permissible in these districts.
8. Class 7 - Major Attached Signs, shall be permissible 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. This calculation 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 allowable area" and an
increase in the "maximum allowable area." With such increase, the total
Class 7 sign shall not exceed twelve (12) percent of the total square
' footage of the frontage of the building (width times height) with a
maximum of 25 feet in height. In addition, the total square footage of
signs of Class 7 Major Attached and Class 5 Major Freestanding, shall
not exceed twelve and one half (12'h) percent of the total square footage
of the front of the building as measured above.
1
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 allowable
area" as specified in above paragraphs (a) and (b).
Ordinance No. 1630-9-98 Page 24
G. Public; Charitable; and Religious:
' 1. These use districts shall include all zoning classifications designated for public,
charitable, or religious uses.
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 permissible in these districts.
5. Class 4 - Temporary Promotional Signs as defined in Section 3 shall be
permitted in these districts. Freestanding Signs as described in
Section 3 shall not exceed ninety-six (96) sq. ft. and not exceed
fifteen (15) ft. in height. For sites of ten (10) acres or less one (1)
on-site shall be allowed.
6. Class 5 - Major Freestanding Signs shall be permissible in these districts.
Refer to the Retail and Commercial District for requirements.
Ordinance No. 1630-9-98 Page 25
SECTION 5.
A. It shall be unlawful for any person to display or advertise upon any sign any
obscene, indecent or immoral matter.
B. 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.
C. 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, digital or electronic display devices showing only time and/or
temperature data require a sign permit issued by the Chief Building Official or his
designee. Moving message boards are not allowed. Exception: Community
bulletin boards regulated and operated by the City of Allen for purposes of
displaying noncommercial messages to the community as a whole, are allowed,
but require Sign Board approval.
D. No person shall place on, or suspend from the exterior of any building, pole,
structure, projecting 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 controlling the
outside storage and display of goods, wares, or merchandise.
E. 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.
F. No lighted sign shall be erected within one hundred fifty (150) feet of a residential
district.
G. 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.
H. 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.
' I. A -Frame signs and sandwich -board signs are prohibited. Similar types of
portable signs are prohibited except where specifically permitted in Section 3 as
a "minor sign."
Ordinance No. 1630-9-98 Page 26
J. All signs are prohibited in any street median or on parkway along or adjacent to a
single family residential front yard.
K. 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 safe-
guards. Two exceptions to this provision are permitted:
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.
2. 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.
All artistic murals and signs painted on the surface of a building that advertise a
business or product are prohibited. Exception: a special exception can be
allowed when it follows the procedures outlined in Section 11 (Variance
Procedures).
M. Except as specifically allowed under this ordinance, signs are prohibited at any
location other than the site where the business is conducted.
Ordinance No. 1630-9-98 Page 27
SECTION 6. GENERAL REGULATIONS
' All signs in all classifications and use districts where permitted shall conform to the general
regulations listed herein:
A. 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.
B. 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.
C. 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 signs, 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.
D. 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.
E. Gooseneck reflectors and lights shall be permitted on ground signs, roof signs,
and wall signs, provided, however, the reflectors shall be equipped 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.
F. 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.
G. 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 Laboratory
requirements.
' H. All signs located within the City may only advertise services or products available
within the City and identify establishments, sites, complexes, or subdivisions
Ordinance No. 1630-9-98 Page 28
located internal to the City unless otherwise approved by the Sign Control Board.
' Exception: Freeway signs shall be allowed only for advertisement of businesses
or developments within the corporate city limits of the City of Allen and any City
sharing a common border with the City of Allen. Any advertised use which, in
the opinion of the Building Official, requires Sign Board review, shall be so
submitted for decision.
Ordinance No. 1630-9-98 Page 29
SECTION 7. SIGN PERMITS
' A. 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.
B. Application for permit to erect, alter, replace, or relocate.
Applications for sign permits shall contain or have attached thereto the following
information:
1. Name, address, and telephone number of the applicant.
2. Location of building, structure, or lot to which or upon which the sign is to
be attached or erected.
3. Position of the sign in relation to nearby buildings or structures, including
other signs.
4. 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.
5. 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.
6. Name and address of person, firm, corporation or association erecting
the sign.
7. 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 classification of
all property within two hundred fifty (250) feet for Class 6 signs.
8. Advertising copy for the proposed sign face.
9. Class 6 Signs require the submission of a copy of the State permit prior
to issuance of City permit.
10. Application should designate location of overhead utilities, and location of
sign must comply with distance requirements that require approval of
Texas Electric/Utilities.
11. Such other information as the Building Official shall require to show full
compliance with this and all other laws and ordinances of the City.
Ordinance No. 1630-9-98 Page 30
C. 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.
D. Applications for permit to repair.
Application for sign repair permits shall contain or have attached thereto the
following information:
1. Name, address, and telephone number of the sign owner.
2. Name, address, and telephone number of the person, firm, corporation,
or association providing the repair service.
3. Location of building, structure, or lot upon which sign is located.
4. A description of the repair activity to be performed.
5. Such other information as the Building Official shall require to show full
compliance with this and all other laws and ordinances of the City.
E. 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 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.
F. 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 authorized 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.
Ordinance No. 1630-9-98 Page 31
G. Sign permit fees.
' Every applicant, at the time of application, shall pay to the City of Allen, the
applicable fee herein defined. In the event the application is not approved, the
fee shall be refunded at a rate of 50%.
1. Fees for a permit to erect, alter, replace or relocate any Class 4 sign shall
be as follows:
(a) $100 per year
(b) $100 per one-year renewal
(c) $300 per year for weekend directional signs
(d) Fee for temporary banners above 16 sq. ft. and floating devices -
$30
(e) Fee for model home/model home park sign - $100 per year,
renewable annually.
2. Fees for a permit to erect, alter, replace or relocate any Class 5 or 7 sign
shall be as follows:
(a) illuminated: $100
(b) non -illuminated: $50
3. Fees for a permit to repair any sign of any class shall be as follows:
(a) with electrical: $35
(b) without electrical: $20
(Permit not required unless repair exceeds $100)
4. Fees for a permit to erect, replace or relocate any Class 6 sign shall be
as follows:
(a) illuminated: $200 per face
(b) non -illuminated: $150 per face
Fees for permit to alter any Class 6 sign shall be $50.
5. Fees for "Sign Plans" shall be as follows:
(a) Fee for a "sign plan" for permanent signs in retail, commercial,
industrial, and office districts shall be a minimum of $300, or 80%
of the fee if each sign were permitted separately, whichever is
greater.
(b) Fee for a "sign plan" for temporary signs in residential
developments: $300 per year, renewable annually.
6. Fee for all other signs shall be $50
Whenever any work for which a permit is required has been commenced without first obtaining
said permit, a special investigation shall be made before a permit may be issued for such work.
An investigation fee in addition to the permit may be collected at such time as a permit is
issued. The investigation fee shall be equal to the amount of the permit fee.
Ordinanu No. 1630-9-98 Page 32
E
SECTION 8. REMOVAL OF CERTAIN SIGNS
A. 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 advertises a bona fide business
conducted or product 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.
B. 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.
C. 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 in
immediate peril to persons or property to be removed summarily and without
notice.
D. If the Building Official shall find any Minor or Temporary Promotional, or
Prohibited signs on-site in violation of this Ordinance, he shall give notice in
writing, and may have them removed at owners expense. Off site signs of
Minor, or Temporary Promotional, or Prohibited classifications, in violation of this
Ordinance, the Building Official shall have authority to remove or have removed
at owners expense without notification.
E. Any illegal signs confiscated by the City will be stored for ten (10) days, and may
be claimed by owner at cost of $5.00 per sign, plus any removal charges. After
ten (10) days, confiscated signs will be destroyed.
F. Requests for sign permits will be withheld from any sign company or individual
with existing unresolved sign violations. Any request for Sign Board approval will
also be withheld until all violations are corrected.
Ordinance No. 1630-9-98 Page 33
SECTION 8. 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. If the sign is removed in
order to make repairs, it shall be replaced within sixty (60) days with a sixty (60) day
extension allowed upon proof of effort to repair sign, or the permit becomes void, and
the same shall be made to conform to 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 significant change in nature or intent, or relocation of the
sign.
Ordinance No. 1630-9-98 Page 34
SECTION 10. SIGN CONTROL BOARD
' A. Creation:
There is hereby continued, upon passage of this Ordinance, the Sign Control
Board consisting of five (5) members.
B. Qualifications:
Members shall be qualified voters of the City of Allen.
C. Terms:
The term of appointment shall be for two (2) years. A member shall be eligible
for reappointment. No member shall be appointed to the Board for more than
three (3) successive full terms In the event of a vacancy, the City Council shall
appoint a member to serve the unexpired term. In the event a replacement or
reappointment has not been made at the end of a member's designated term,
said member will continue to serve until reappointed or replaced.
D. Compensation:
Members shall serve without compensation.
' E. 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.
Chairman:
The Chairman shall preside at all meetings where he is present. The
Chairman shall implement or cause to have implemented, any practice or
procedure 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.
2. 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.
3. Secretary:
' The Secretary shall be responsible for the keeping of minutes of all
meetings of the Board, responsible for entering and maintaining all
records of Board decisions, and posting notice of hearings of variance
Ordinance No. 1630-9-98 Page 35
request or appeal.
F. 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.
G. 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.
H. 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.
I. Powers and Duties:
The Sign Control Bloard shall have the following powers and perform the
following duties:
1. The City Council authorized 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 or lesser nature than requested,
or deny a variance request.
2. All action on variance requests shall be submitted 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 next available 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.
Ordinance Na. 1630-9-98 Page 36
3.
The Sign Control Board shall conduct continuing studies of sign
ordinances in neighboring municipalities as well as other cities where
such study will assist in upgrading the function of signing within the City
'
of Allen and make recommendations to the City Council where
appropriate.
4.
The Sign Control Board will conduct a continual review of all
nonconforming signs and all variances granted and determine their
desirability and effects upon the neighborhood and City and make
recommendations to the City Council where appropriate.
5.
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.
6.
A specific Sign Plan can be submitted for a new or existing development
upon request of the developer. If it is in conformance with this ordinance
it shall be approved by staff. If variances are requested to the provisions
of this ordinance, it shall follow the variance procedures outlined in
Section 11.
7.
The Sign Control Board shall have the authority to consider a sign permit
for any development which in the opinion of the Director of Community
Development requires the review of the Sign Control Board.
S.
The Sign Control Board shall conduct studies, prepare opinions and
'
general plans as requested by the City Council.
9.
The Sign Control Board shall perform any duties specified elsewhere in
this Ordinance.
10.
The Sign Control Board may, from time to time, recommend to the City
Council amendments or changes to this Ordinance.
Ordinance No. 1630-9-98 Page 37
SECTION 11. VARIANCE FEES AND NOTIFICATION
' An application for a variation to the conditions of this Ordinance regarding height, area,
or bulk shall be accompanied by a variance or appeal application fee in the amount of
one hundred dollars ($100), nonrefundable. Such application for variance may cover
more than one sign, but shall apply to only one applicant and one location. The
notification 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:
1. Name, address, and telephone number of the applicant.
2. Location of building, structure or lot to which or upon which the sign(s) is
to be attached or erected.
3. Position of the sign(s) in relation to nearby buildings or structures,
including other signs.
4. 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
fifty (250) feet of the sign(s) location.
5. The specific variation(s) requested and the reasons and justification for
such requests.
Ordinance No. 1630-9-98 Page 38
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. NOTICE TO REMOVE
That in the event the owner of the sign, land or structure, or person in charge of
erecting, altering, replacing, relocating, or repairing the sign or structure fails to comply
with the provisions of this ordinance. The Building Official or his representative shall be
authorized to issue notice to such owner or person in charge, and directing the
abatement of violations of this ordinance within a ten-day (10 -day) period. This notice
shall be in writing and may be served to the owner or person in charge by regular mail
addressed to his post office address or address from other official record of the city or
county, or by publication two (2) times within ten (10) days in the official newspaper of
the City of Allen. It shall be further provided that in the event the owner or person in
' charge, as stated in this ordinance, fails to comply with the provisions of this ordinance
within ten (10) days after proper notice, as provided above, the Building Official, or his
representative, shall be authorized to abate all violations of this ordinance and shall
charge all expenses to the owner of such property. The expenses assessed to the
owner shall be actual removal expenses, but not less than twenty-five dollars ($25), plus
a special fee of fifty dollars ($50) to cover administrative costs. Payment is due and is
considered delinquent if not received by the City within thirty (30) days. In the event the
owner fails or refuses to pay such expenses within thirty (30) days, the City shall file with
the County Clerk of Collin County, Texas, a statement of said costs. The City of Allen,
Texas, shall have a privileged lien on the premises, second only to tax liens and liens for
street improvements, to receive the costs so made and ten percent (10%) per annum
interest on the amount from the date the City incurs the expense. For any such costs,
and interest, suit may be instituted in the name of the City of Allen, Texas, and the
statement of costs, as provided in this ordinance, shall be prima facie proof of the costs
expended in such work.
SECTION 15. INJUNCTIVE RELIEF
In addition to and cumulative of all other penalties, the City shall have the right to seek
injunctive relief for any and all violations under this ordinance.
SECTION 16. 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 five hundred
dollars ($500.00) 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.
Ordinance No. 1630-9-98 Page 39
SECTION 17. 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 provision of this or any
Ordinance of the City of Allen to which these rules and regulations relate.
SECTION 18.
This ordinance shall become effective immediately upon its passage and adoption by
the City Council, provided that the penalty imposed shall become effective subject to the
provisions of the Allen City Charter after being published in the official newspaper at
least twice within ten days.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE _ DAY OF 11998.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
A. Don Crowder, CITY ATTORNEY Judy Morrison, CITY SECRETARY
Ordinance No. 1630-9-98 Page 40
' SECTION 17. 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 provision of this or any
Ordinance of the City of Allen to which these rules and regulations relate.
SECTION 18. EFFECTIVE DATE
This ordinance shall become effective immediately upon its passage and adoption by
the City Council, provided that the penalty imposed shall become effective subject to the
provisions of the Allen City Charter after being published in the official newspaper at
least twice within ten days.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 3rd DAY OF Septanber , 1998,
APPROVED:
Stephen Terrell, MAYOR
A�FORM: A EST:
�df!C.. 4 ��_
TTORNEY Ju Mor on, CITY SECRETARY,CMC
Ordinance No. 1630-9-98 Page 40