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O-717-8-86ORDINANCE NO. 717-8-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE SIGN REGULATIONS ORDINANCE NO. 374-10-81, AS HERETOFORE AMENDED, SO AS TO REGULATE CONSTRUCTION, REPAIR, PLACEMENT, HEIGHT, AREA, USE, AND MAINTENANCE OF SIGNS IN THE CITY OF ALLEN; PROVIDING FOR REGULATION FOR CLASS 6 AND CLASS 7 SIGNS, PROVIDING FOR RESTRICTIONS ON BUILDER AND REALTOR DIRECTIONAL SIGNS; PROVIDING FOR ADDITIONAL COLLECTION OF FEES; PROVIDING FOR NEW REGULATIONS FOR ON-SITE SIGNS ADVERTISING THE SALE OF CO-MMERCIAL PROPERTY; PROVIDING FOR AN INCREASE IN PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING -FOR SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Sign Control Board has conducted continuing studies of the City of Allen Sign Regulations; and, WHEREAS, the Sign Control Board has conducted continuing studies of Sign Ordinances in neighboring municipalities where such study will assist in upgrading the function of signing within the City of Allen; and, WHEREAS, the Sign Control Board has recommended amendments to the City of Allen Sign Regulations for evaluation for the City Council; and, WHEREAS, the Allen 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 the City of Allen Sign Regulations Ordinance No. 374-10-81 as heretofore amended by City of Allen Ordinance No. 576-12-84, be and the same is hereby amended to include the changes recommended by the Sign Control Board described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the City of Allen Sign Regulations Ordinance No. 374-10-81 as heretofore amended be and the same is hereby amended to include the changes recommended by the Sign Control Board described in Exhibit "B" fee schedule, attached hereto and made a part hereof for all purposes. SECTION 3. That the City of Allen Sign Regulations Ordinance No. 374-10-81 as heretofore amended, be, and the same is hereby amended, by providing for a penalty of fine not to exceed the sum ORDINANCE NO. 717-8-86 Page Two of one thousand dollars ($1,000.00) for each offense. SECTION 4. It is the intention of the City Council that this ordinance and every provision hereof be severable. In the event that any word, clause, sentence, paragraph, section, or sections of this ordinance be declared unconstitutional, or in any other matter unenforceable, the City Council hereby states that it would have enacted this ordinance without such unconsti- tutional or otherwise unenforceable word, clause, sentence, section, or sections, had it been aware of such unconstitution- ality, or unenforceability. SECTION 5. It shall be unlawful for any person to do or cause to be done any act or thing prohibited by this ordinance, and it should be unlawful for any person to fail to do any act or thing required hereby. Upon conviction or violation hereof, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00). Each day's offense shall be a separate offense. SECTION 6. The necessity for the immediate enactment of the provisions of this ordinance, thereby protecting and promoting the public health, safety, comfort, general welfare, and interest of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case is provided. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THIS 7th DAY OF August A, APPROVED: a -W MR WE Donald P-.'Rode—nbaugh, Ma, -_e ATTEST: APPROVED AS TO FORM: Marty Hendrix, ity Secretary A. Don :oMe , City Attorney -2- ORDINANCE NO. 717-8-86 EXHIBIT "A" SECTION 3. CLASSIFICATION OF SIGNS The following classification of signs is established and herein described: A. CLASS 1 - Minor Signs (Permit not required, except as 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. -Specifically, Class 1 signs shall include: _ 1. no change 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, signs, 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 corner commercial lots, they may not be located within a 25 foot corner clip of the paving inter- section. 3. no change 4. no change 5. no change 6. no change 7. no change ORDINANCE NO. 717-8-86 8. no change 9. no change 10. no change Page 2 11. Temporary home builder directional signs located off the premises being advertised providng such signs do not exceed four (4) square feet in area and must contain the name of the subdivision or the name of the builder or the name of the building corporation and may contain the corporation logo and directional indicator. Such signs may not obstruct vision of traffic or pedestrians and may not be constructed of cardboard and must be kept well painted and in good condition and may be utilized only from Friday at twelve (12) noon until the following Monday at twelve (12) noon. Exception: These signs are prohibited in any street median. 12. Temporary realtor directional signs located off the premises providing such signs do not exceed four (4) square feet in area and must contain the name of a bona fide real estate firm and may contain the word "OPEN" and may contain directional indication. Such signs may not obstruct vision of traffic or pedestrians and may not be constructed of cardboard and must be kept well painted and in good condition and may be utilized only from Friday at twelve (12) noon until the following Monday at twelve (12) noon. Exception: These signs are prohibited in any street median. 13. no change 14. no change 15. no change ORDINANCE NO. 717-8-86 SECTION 3. F. CLASS 6 - Freeway Signs (permit required) Page 3 Freeway signs in the use districts where permitted, require a sign permit to be issued by the Chief Building Official prior to erection. Freeway signs must be freestanding and are permitted adjacent to U.S. 75 and all future thorough- fares whose right-of-way is two hundred fifty (250) feet or greater, at such time as the City of Allen Master Street Plan so designates the future thoroughfare. Freeway signs shall be constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead load as required in the Building Code or other ordinances of the City. All freeway signs shall be placed on concrete base or footings. Freeway signs shall be protected by wheel or bumper guards when required by the Building Official. Freeway signs shall not have attached any guys or ground braces. Freeway signs must be located a minimum of thirty (30) feet from adjoining private property and a minimum of sixty (60) feet from any major freestanding sign and providing that no freeway sign is located within two hundred and fifty (250) feet of single family residential zoned property. Freeway signs may not be located further than two hundred and fifty (250) feet from the right-of-way line of the major thoroughfare. No freeway sign shall exceed a height of forty (40) feet. Specifically, freeway signs shall include: 1. no change. 2. Signs erected for the purpose of identifying and providing directional information to industrial, retail, or commercial sites, V " and signs erected for the exclusive use of identifying land developers and home builders information and providing directional information, and signs erected to provide location and directional information for lodging accommodations, and signs erected for the purpose of advertising an_y bona fide business. Such signs may not exceed an area of two hundred eighty-eight (288) square feet and a minimum spearation of two thousand (2,000) feet must be maintained between any two (2) such siqns of this type. 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. Permit would be allowed for five (5) years, renewable. ORDINANCE NO. 717-8-86 Page 4 3. 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. SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS E. Retail and Commercial Districts: 1. no change 2. no change 3. no change 4. no change 5. no change 6. no change 7. no change 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 (2) feet. 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 ORDINANCE NO. 717-8-86 Page 5 (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 (12z°s) percent of the total square footage of the front of the building as measured above. C. Attached signs may be located on each exposed face of a building; however, the sum of the area of all attached signs shall not exceed twice the "base allowable area" nor shall exceed twice the "maximum allowable area" as specified in above paragraphs (a) and (b). SECTION 6. GENERAL REGULATIONS All signs in all classifications and use districts where permitted shall conform to the general regulations listed herein: 1. no change 2. no change 3. no change 4. no change 5. no change 6. no change 7. no change 8. All signs located within the City may only advertise services or products available within the City and identify establishments, sites, complexes, or sub- divisions 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. 717-8-86 SECTION 7. SIGN PERMITS 1. no change 2. no change 3. no change 4. no change 5. no change 6. no change 7. Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay to the City of Allen the applicable fee herein defined: Page 6 a. Fees for a permit to erect, alter,, replace or relocate any Class 5, 6, or 7 sign shall be as follows: (1) illuminated: $50 (2) non -illuminated: $25 b. Fees for a permit to repair any sign shall be as follows: (1) with electrical: $35 (2) without electrical: $20 permit not required unless repair exceeds $100 C. Fee for all other signs shall be $25 8. no change SECTION 11. VARIANCE FEES AND NOTIFICATION An application for a variation to the conditions of this Ordinance shall be accompanied by a variance or appeal application fee in the amount of fifty dollars ($50). 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: a. no change b. no change C. no change ORDINANCE NO. 717-8-86 d. no change e. no change Page 7 6 (A) 120 Sq . FT, LIO FT. A MINIMUM SEPARATION OF 120 FT. BETWEEN ANY TWO SUCH SIGNS. 6 (B) 2818 SQ. FT. I40 FT. A MINIMUM SEPARATION OF 2000 FT, OFF-SITE FOR ADVERTISEMENT BETWEEN ANY TWO SUCH SIGNS, OF ANY BUSINESS OR DEVELOPMENT WIIHIN THE CORPORATE CITY LIMITS OF THE CITY OF ALLEN AND ANY CITY SHARING A COMMON BORDER WITH ALLEN. (CONTINUED ON NEXT PAGE) Page 8 SI T LLLLEE RIG RVIONS ORDINANCE NO, GN 717-8-86 IDLE FOR RETAIL AND COMMERCIAL DISTRICTS PERMISSIBLE MOR" PlOmP�@�RMR�LASSES A AS IS S 1,2 ,3 ,4 5 (A) 60 SQ. FT. 20 SQ. FT. -FOR SITES OF LESS THAN 15 ACRES SINGLE-USAGE SIGNS 1 SINGLE USAGE SIGN, 5 (B) 150 SQ. FT. 30'SQ. FT. -FOR SITES OF 15 ACRES OR LESS, 1 MULTIPLE USAGE SIGN, Q; 200 SQ, FT, 30 FT. -FOR SITES OF 15 ACRES OR GREATER, I MULTIPLE USAGE SIGN 6 (A) 120 Sq . FT, LIO FT. A MINIMUM SEPARATION OF 120 FT. BETWEEN ANY TWO SUCH SIGNS. 6 (B) 2818 SQ. FT. I40 FT. A MINIMUM SEPARATION OF 2000 FT, OFF-SITE FOR ADVERTISEMENT BETWEEN ANY TWO SUCH SIGNS, OF ANY BUSINESS OR DEVELOPMENT WIIHIN THE CORPORATE CITY LIMITS OF THE CITY OF ALLEN AND ANY CITY SHARING A COMMON BORDER WITH ALLEN. (CONTINUED ON NEXT PAGE) N V CITY OF ALLEN SIGN REGULATIONS PERMISSIBLE CLASSES TABLE FOR RETAIL AND COMMERCIAL DISTRICTS (CONTINUED) MAXIMUM MAXIMUM AREAS HEIGHTS % SINGLE SIGN AREA MAY NOT EXCEED 2 TIMES THE LENGTH OF BUILDING FRONT OR 200 SQ. FT., WHICHEVER IS LESS, FOR SIGNS AT HEIGHTS OF 20 FT. ABOVE 20 FT. AN INCREASE IS ALLOWED TO 12% OF FRONT OF BUILDING WITH A MAXIMUM 25 FT. HEIGHT, TOTAL CLASS 7 AND CLASS 5 SIGNS SHALL NOT EXCEED I2�% OF BUILDING FRONT. BELOW ROOF LINE FOR MANSARD TYPE ROOFS, LIMITED TO 4 FT. ABOVE ROOF LINE FOR NON - MANSARD TYPE ROOFS, MAY EXTEND HIGHER IF ATTACHED TO AN INTEGRAL ARCHITECTURAL FEATURE OF THE BUILDING OTHER THAN THE ROOF. Page 9 ORDINANCE NO,717-8-86 MAXIMUM NIUMBE RS SUM OF ALL ATTACHED SIGN AREA ON A BUILDING MAY NOT EXCEED TWICE THE AREA ALLOWED FOR A SINGLE SIGN, ATTACHED SIGNS MAY BE LOCATED ON EACH EXPOSED FACE OF BUILDING, CLASS 1 -MINOR SIGNS CLASS 2 -WINDOW SIGNS CLASS 3 -TRAFFIC RELATED SIGNS CLASS 4 -TEMP. PROMOTIONAL SIGNS CLASS 5 -MAJOR FREESTANDING SIGNS CLASS 6 -FREEWAY SIGNS CLASS 7 -MAJOR ATTACHED SIGNS i ORDINANCE NO. 717-8-86 EXHIBIT "B" FEE SCHEDULE Permit to erect, alter, replace or relocate any Class 5, 6, or 7 sign shall be as follows: 1. Illuminated - $50.00 2. Non -illuminated - $25.00 Permit to repair any sign shall be as follows: 1. With electrical - $35.00 2. Without electrical - $20.00 (permit not required unless repair exceeds $100) Permit for all other signs - $25.00 Variance or appeal - $50.00