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O-861-7-88ORDINANCE NO. 861-7-88 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 ADD AN EXCEPTION TO THE DEFINITION OF GROSS SURFACE AREA OF SIGN FOR CLASS 6 FREEWAY SIGNS; ADD A DEFINITION FOR PARKWAY; REGULATE REALTOR/BROKER WEEKEND DIRECTIONAL SIGNS; PROVIDING FOR ZONING CHANGE SIGNS; PROVIDING REGULATIONS FOR TEMPORARY HOMEBUILDER SIGNS AS CLASS 4 TEMPORARY SIGNS; PROVIDING FOR ISSUANCE OF CLASS 4 PERMIT BY STAFF AND RENEWAL BY SIGN CONTROL BOARD AS PROVIDED IN RESOLUTION NO. S4-14-87-1; PROVIDING FOR NEW REGULATIONS AS TO SIZE FOR CLASS 6 FREEWAY SIGNS AND PERMIT EXPIRATION AND RENEWAL PROCESS; PROVIDING NEW REGULATIONS FOR JUMP CLOCKS AND DIGITAL DISPLAY OR ELECTRONIC SIGNS; PROVIDING FOR ADDITIONAL REQUIREMENTS AT TIME OF APPLICATION FOR SIGN PERMIT; PROVIDING ADDITIONAL FEES FOR CLASS 6 FREEWAY SIGNS; AND PROVIDING A REQUIREMENT THAT PERMIT FEES BE PAID AT TIME OF APPLICATION; PROVIDING FOR A 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 by 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: Ordinance No. 861-7-88 - Page 1 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 and 717-8-86, 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. 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 unconstitutional or otherwise unenforceable word, clause, sentence, section, or sections, had it been aware of such unconstitutionality or unenforceability. SECTION 3. 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 cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 7TH DAY OF JULY, 1988. APPROVED AS TO FORM: A. Don Crowder, ityAttorney APPROVED: Xe Farmer, Mayor ATTEST: Marty Hendrix, CM City Secretary Ordinance No. 861-7-88 - Page 2 ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 -EXHIBIT-"A" CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. 374-10-81 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 other- wise indicates: Alter • "Alter" shall mean to change the size, shape or outline, copy, nature of message, intent, or type of sign. Building Official; Chief Building Official 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 adminis- tration and enforcement of this Ordinance. Bulletin Board • "Bulletin'Board" shall mean a sign of profes- sional appearance containing information of a public interest nature where a portion of such information may be effected 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 illustra- ted 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 -1- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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. Illuminated Sign • "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated directly or indirectly by electric lights, luminous tubes or other means. Noncombustible Material • "Noncombustible material" shall mean any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature. 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. -2- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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, announce- ment, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia and structure supporting any of the same, affixed directly or indirectly to or upon any building, outdoor structure, or vehicle, or erected inside a building or vehicle in a manner so as to be readily visible from the exterior of said building or vehicle, or erected or maintained upon a piece of land, which directs attention to an object, product, service, place, activity, person, institution, organization or business. Structural Trim - "Structural trim" shall mean the molding, battens, 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 "vehi- cle" in both moving and stationary modes, irrespec- tive of state of repair or condition. SECTION 3. CLASSIFICATION OF SIGNS The following classification of signs is established and herein described: 1A. CLASS 1 - Minor Signs (Permit not required) Minor signs in the use districts where permitted, may be either freestanding or attached, unless otherwise specified, to a structure, and do not require approval by any municipal agency prior to erection. Specifically, Class 1 signs shall include: 1. Signs not exceeding eight (8) square feet in area and not exceeding four (4) feet in height in single family, 3-changedper Ordinance No. 576-12-84 -3- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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. 12. 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 corner commercial lots, they may not be located within a 25 foot corner clip of the paving intersection. 3. Name plates not exceeding one (1) square foot in area. 4. Temporary political which do not exceed sixteen (16) square feet in area and providing that any such sign exceeding three (3) square feet in area shall be located a minimum of ten (10) feet from any public right-of-way, sidewalk, or alley. Political signs shall not be posted more than ninety (90) days prior to the election to which the sign relates and shall be removed fifteen (15) days following the election to which the sign relates. 5. Bulletin boards not exceeding sixteen (16) square feet in area for public, charitable, educational, or religi- ous 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 abutt- 1changed per Ordinance No. 717-8-86 -4- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 ing 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 profes- sion 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 materia- ls. 9. Flags, emblems, and insignia of the United States and federal agencies and offices, and flags, emblems, and insignia of any state or local governmental body, decorative displays for holidays or legal public demonstrations which do not contain advertising and are not used as such. 10. Signs not exceeding eight (8) square feet and not exceeding four (4) feet in height for establishments providing gasoline sales which advertise price of gasoline on premises providing such signs shall be permanently attached to a structure or shall be stored inside a building during hours of nonoperation of the -5- ATTACHMENT Ordinance Adopted: TO: No. 861-7-88 July 7, 1988 ORDINANCE NO. 374-10-81 business and providing no establishment shall have more than two (2) signs in use at any given time. 11- Temperary-4iot�-]5uilder--d:l-Le�-i�rrre-lr-sfgas- lice eco-eff the - Vretri-ses- -be IrTg -advert is ed- -de net- -exceed--&K.}r---(-4r--sq+a-a-r-e-feet--rrt-- area -- aid--xtt�st eentain- tire- Tramx-- -o-f- tq-te­ ter• -the -name -of -the builder-er-tl�e-naxte-ef-tl�e-btti lding-eerperatien-and-x�a�* eentain-tl�e-eerperatien-lege-and-direetienal-indieater- Suehsigns--stay--ne�t - ebet-ruc�t - Ara-irtxr-- f- t -raffle --or pedestrians-and-reap-net-be-eenstrtteted-ef-eardbeard-and must-be-]sept-Hell-painted-and-in-geed-eenditien-and-may be-tit-i-l-ised-i)-rrly--f-r-om-mid, -ate-t-wel�-F1-� -neon -tintil the-following-Menday-at-twelve-f12}-neenT Exeeptien----Tliesa--are -grehibited-3fr--afty6-street median - 111. 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 direc- tional signs may be displayed off-site for one location or sale without a permit. When this number is ex- ceeded, the same requirements as temporary homebuilder directional signs shall apply in their entirety, and shall be classified as a Class 4 sign. 12. Signs not exceeding one (1) square foot in area affixed to windows or doors which identifies emergency tele- phone numbers, hours, and security information. 13. Signs on sites used by public, charitable, educational, or religious institutions, in any use district, where 3-changedper Ordinance No. 717-8-86 kTTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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. 14. 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. 15. 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 follow - B. CLASS 2 - Window Signs (Permit not required) Window signs in the use districts where permitted, do not require a sign permit and do not require approval by any municipal agency prior to erection. Specifically, Class 2 signs shall include: 1. Signs painted on the external or internal surface of the window of an establishment in commercial or retail districts with water durable paint on external surfaces advertising services, products or sales available within said establishment or which announce opening of said establishment. -7- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted July 7, 1988 ORDINANCE NO. 374-10-81 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 es- tablishment. 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 stimu- late citizens' interest in public events involving educational institutions located within the City and provided such signs are painted on the external surface of the window and that no given decoration may be allowed for a period exceeding seven (7) days. 5. Signs attached to the external surface of a window of a retail or commercial establishment if of water durable paint or noncombustible material and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of said retail or commercial establishment. C. CLASS 3 - Traffic Related Signs (Public Works Departmental approval required) Traffic related signs in the use districts where permitted, do not require a sign permit but must be approved by the office of the Department of Public Works prior to erection. Submission to the Department of Public Works shall include, 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: 1. 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 prohibit- ing ingress and egress which may or may not have directional indication, provided such signs do not contain advertising and are not used as such. ATTACHMENT Ordinance Adopted: TO: No. 861-7-88 July 7, 1988 ORDINANCE NO. 374-10-81 1D. CLASS 4 - Temporary Promotional Signs fSign-Eent�el-Bead-agg�e�al-and-pe���t-�eejttlred.} (Permit required and Sign Board approval required for renewals) Temporary promotional signs in the use districts where permitted, required Sign Control Board approval and a sign permit to be issued by the Building Official prior to erection. Subm! s s ion - te- �4i%—_ -S-i�rr?-1--Borr� 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 attach- ment 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 establish- ment within said site, center, complex or subdivision. Specifically, Class 4 signs shall include: 1. Banners, flags, or pennants promoting a merchandise program or opening of a retail or commercial establish- ment or center with a maximum single use period of fourteen (14) days with a minimum period between permits or ninety (90) days and a maximum number of three (3) permits per year for a given establishment or center. 2. Temporary signs, including banners, announcing special programs of religious or educational institutions, providing such signs do not exceed thirty-two (32) square feet, and providing that not more than one (1) such sign per institution shall be allowed, and provi- ded such signs shall be located on site and placed not closer than ten (10) feet from any street, sidewalk, or alley. The height of such signs shall not exceed fifteen (15) feet above ground level and such signs shall have a maximum single use period of twenty-one (21) days, with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given institution. 3. Banner, flags, or pennants promoting the opening of a single family subdivision or multi -family complex with a maximum single use period of fourteen (14) days, with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given subdivision or multi -family complex. 3-changedper Ordinance No. 576-12-84 ME ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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 home builder sites, and commer- cial tracts of thirty (30) acres, or less. One addi- tional 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 six (6) months and may be extended in six (6) month intervals upon approval of the Sign Control Board. The Sign Control Board shall upon granting- -apprtwa3--for--a Heti-sag ter- extension of a permit, place restrictions or conditions on the permit as they deem necessary. 5. Free-standing signs for the purpose of announcing of future location of a religious, educational, or charit- able 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 six (6) months and may be extended in six (6) month 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 Board approval and a permit permits will be granted for -10- and must have Sign Control will be required. These a maximum period of twelve ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 (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 painted on 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 main- tenance of all off-site commercial advertising signs on Public Service structures must be approved by the Building Official. 7. Temporary home builder directional si the premises being advertised providir. not exceed four (4) square feet in contain the name of the subdivision or builder or the name of the building cor contain the corporation logo and direct Such signs may not obstruct vision pedestrians and may not be constructed must be kept well painted and in good c be utilized only from Friday at twelve ,is located off such signs do area and must :he name of the Dration and may anal indicator. of traffic or of cardboard and ondition and may the following Monday at twelve (12) noon. -11- noon until ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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 Vehicles installing signs must have a flashing yellow strobe light mounted on top of the cab, and a ref lec- torized sign warning of frequent stops; and the stan- dard ref lectorized 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 instal- ling signs must wear reflectorized vests. Permit Required: (Si 1. A permit is re, builder signs. [n Board approval not required) uired to display temporary home 2. Each group of identical signs shall require one permit. 3. Permits shall be renewed annually from date of issuance. The fee for each permit shall be $260. 4. The builder advertised shall be the responsible party. 5. Penalty: Violation of these regulations shall be a misdemeanor and a fine of up to $1,000.00 may be imposed. Each day that a violations exists may constitute a separate offense. 1E. CLASS 5 - Major Freestanding Signs (Permit required/Sign Control Board approval required only as specified) Major freestanding signs in the use districts where per- mitted, required 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 1changed per Ordinance No. 576-12-84 -12- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 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 noncom- bustible or slow burning in the case of plastic inserts and faces and may be supported by noncombustible material only and finished in a presentable manner; wood or nonpainted steel supports are specifically prohibited. Heavy timber and other materials may be used if approved by the Chief Building Official or his designee. Major freestanding signs shall be protected by wheel or bumper guards when required by the Building Official. Major freestanding signs shall not have attached any guys or braces. Major freestanding signs must be located a minimum of thirty (30) feet from adjoining private property line and a minimum of sixty (60) feet from a freeway sign or any other major freestanding sign and providing that no sign is located within one hundred (100) feet of any single family residential zoned property. All major freestanding signs must be located on site. Specifically, major freestanding signs shall include: 1. Signs erected in apartment, office, technical -office, and industrial districts to identify an establishment, center, complex, occupation, district, or institution and containing no advertisement. Height, area and permissible number regulations are defined in the specific use district (Section 4). 2. Signs erected in retail and commercial districts to identify a single establishment and/or advertise the occupants, services, or products of a single establish- ment. Such signs shall be termed as "single -usage major freestanding signs." Height, area, and permis- sible number regulations for such signs are specified in Section 4. 3. Signs erected in retail and commercial districts to identify a center or complex or to identify multiple establishments and/or advertise multiple occupants, services, or products of a center or complex. Such signs shall be termed as "multiple -usage major free- standing signs." Height, area, and permissible number regulations for such signs are specified in Section 4. 4. Signs erected for the purpose of advertising legitimate recognizable non-profit service clubs that are active and meeting regularly within the City of Allen. -13- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 a. Such sign shall require Sign Control Board ap- proval and shall be required to be located on approved metal structures designed to display several service club signs of a similar nature. b. Location should be submitted for such structures along highways leading into or out of the city. Such locations shall require Sign Control Board approval. Private property locations shall require a letter of authority from the property owner. Right-of-way locations shall require authorization from the State Highway Department or controlling jurisdiction. C. Signs may include: 1. Club name 2. Logo 3. Meeting time and place d. Maximum allowable size for each sign shall not exceed four (4) square feet. e. Liability for maintenance on signs and structures shall be designated prior to approval. 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 adjacent to U.S. 75 and all future thoroughfares whose right-of-way is two hundred fifty (250) feet or greater, at such time as the City of Allen Master Street Plan so designates the future thoroughfare. Freeway signs shall be constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead load as required in the Building Code or other ordinances of the City. All freeway signs shall be placed on concrete base or footings. Freeway signs shall be protected by wheel or bumper guards when required by the Building Official. Freeway signs shall not have attached any guys or ground braces. Freeway signs must be located a minimum of thirty (30) feet from adjoining private property and a minimum of -14- ATTACHMENT Ordinance Adopted: TO: No. 861-7-88 July 7, 1988 ORDINANCE NO. 374-10-81 sixty (60) feet from any major freestanding sign and provid- ing that no freeway sign is located within two hundred and fifty ( 250 ) feet of single family residential zoned proper- ty. 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. 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 non - painted steel supports are specifically prohibited. The area of such signs shall not exceed one hundred and twenty (120) square feet. A minimum separation of one hundred and twenty (120) feet must be maintained between any two (2) such signs of this type. 12. Signs erected for the purpose of identifying and providing directional information to industrial, retail, or commercial sites, and signs erected for the exclusive use of identifying land developers and home builders information and providing directional informa- tion, and signs erected to provide location and direc- tional information for lodging accommodations, and signs erected for the purpose of advertising any bona fide business. Sueh-s-igss- may- ixrt--meeu-art - area- ef two- -htmdTed--eigkbp-eight-�-24�H--sctttare-feed. Two sign facings are allowed, back to back, and each sign facing may not exceed an area of 288 square feet. Illumina- tion shall be provided by external flood lights rather than internal illumination. External lighting shall not constitute any traffic hazard. A minimum separation of two thousand (2,000) feet must be maintained between any two (2) such signs of this type. Such signs shall be set back a minimum of fifty (50) feet from front and side property lines at street intersections. Such signs shall be finished and maintained in a presentable manner with metal supports 1 -changed per Ordinance No. 717-8-86 -15- ATTACHMENT Ordinance Adopted: TO: No. 861-7-88 July 7, 1988 ORDINANCE NO. 374-10-81 and construction, no wood allowed. Permit- *ro{rld--be aliewed-fer-five-f 5}-years;-renewabie- 13. 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. 4. Permits for Freeway 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 displaved on the sign facing. 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: 1. 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 3 -changed per Ordinance No. 717-8-86 -16- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7,.1988 ORDINANCE NO. 374-10-81 SECTION 5. PROHIBITED SIGNS 1. It shall be unlawful for any person to display or advertise upon any sign any obscene, indecent or immoral matter. 2. No person shall erect, maintain or permit the erection of any balloon or other floating device anchored to the ground or to any structure. 3. No person shall attach any sign, paper or other mater- ial or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, tower, utility pole, public building, public fence, or public structure for advertising purposes. 4. No sign located internal or external to a building or vehicle shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, animated, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. 3timg--eleelts--e--digital--digp�a�*--ele�ee9 shawiag--tine;--temperabtrre--a-n&- 4&t-e--Mai*--be allewed-4)1- --permit--ef- t-he--eity-f,��3: 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. 5. 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. 6. No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached, suspended from or allowed to hang loose from any sign, building or structure, except as allowed by other provisions of this Ordinance. 7. No lighted sign shall be erected within one hundred and fifty (150) feet of a residential district. -24- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 8. No signs attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is for sign purposes, will be permitted. This provision does not restrict the identification signing on vehic- les used for delivery service, interstate commerce, or any bona fide transportation activity. 9. Signs attached to or upon any vehicle shall be prohibi- ted where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for the purpose of advertising an establishment, service, or product. 10. A -Frame signs and sandwich -board signs are prohibited. Similar types of portable signs are prohibited except where specifically permitted in Section 3 as a "minor sign." 11. 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 per- mitted: a. Temporary home builder directional signs and temporary realtor directional signs as defined in "minor signs" in Section 3, provided such signs are not located to cause a hazard to traffic, pedestrians, or other legal use of public property. b. Permissible signs attached directly to a building structure where such building structure directly abuts public property by no more than one (1) foot and providing that such sign does not provide a hazard to traffic, pedestrians, or other legal use of public property. SECTION 6. GENERAL REGULATIONS All signs in all classifications and use districts where per- mitted shall conform to the general regulations listed herein: 1. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape except signs relating directly to such. -25- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 2. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative are not subject to the provisions of this Ordinance. 3. In order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or maintain any fluttering, undulating, swinging, rotating or otherwise moving 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. 4. All signs which are constructed on street lines, or within five (5) feet thereof, shall have a smooth surface and no nails, tacks, or wires shall be per- mitted to protrude therefrom, except electrical reflec- tors and devices which may extend over the top and in front of the advertising structures, where subject to reach of pedestrian traffic. 5. Gooseneck reflectors and lights shall be permitted on ground signs, roof signs, and wall signs, provided, however, the reflectors shall be provided with proper glass lenses, when necessary to concentrate the il- lumination upon the area of the sign so as to prevent glare upon the street or adjacent property. 6. The permittee or owner, of any sign as defined in this Ordinance shall maintain all parts and supports of said sign in good condition to prevent deterioration, oxidation, rust, paint peeling, and other unsightly conditions. -26- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7 1988 ORDINANCE NO. 374-10-81 7. All illuminated signs shall be subject to the provi- sions of the -City of Allen Electrical Code. In addi- tion, all internally illuminated signs shall bear the Underwriters Laboratory label or be built to comply with Underwriters Laboratory requirements. 18. 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. SECTION 7. SIGN PERMITS 1. Permit required to erect, alter, replace, or relocate. It shall be unlawful for any person to erect, alter, or relocate within the City of Allen any permissible sign, other than Class 1, Class 2, or Class 3 signs, as defined in Section 3 of this Ordinance without first obtaining a sign permit from the Building Official and making payment of the fee required. The permit may cover more than one sign, but shall apply to only one applicant and one location. 2. Permit required to repair. It shall be unlawful for any person to repair any sign requiring a permit as defined in Section 7(a), 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 re- quired. 3. Application for permit to erect, alter, replace, or relocate. Applications for sign permits shall contain or have attached thereto the following information: 1 -changed per Ordinance No. 717-8-86 -27- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 a. Name, address, and telephone number of the ap- plicant. b. Location of building, structure, or lot to which or upon which the sign is to be attached or erected. C. Position of the sign in relation to nearby build- ings or structures, including other signs. d. Two blueprints or ink drawings of the plans and specifications including electrical wiring and the method of construction and attachment to the building or in the ground. e. Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and Ordinances of the City. f. Name and address of person, firm, corporation or association erecting the sign. g. The zoning classification of the property on which the sign is to be or is located. Also, the zoning classification of all property within one hundred (100) feet of locations for Class 5 signs, and the zoning classification of all property within two hundred and fifty (250) feet for Class 6 signs. h. Advertisina copv for the proposed sign face. i. Copy of State permit must be submitted prior to issuance of City permit. L Application should designate location of overhead utilities, and location of sign must comply with distance requirements that require approval of Texas Electric/Utilities. k. Such other information as the Building Official shall require to show full compliance with this and all other laws and ordinances of the City. 4. Applications for permit to repair. Application for sign repair permits shall contain or have attached thereto the following information: CEO ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 a. Name, address, and telephone number of the sign owner. b. Name, address, and telephone number of the person, firm, corporation, or association providing the repair service. C. Location of building, structure, or lot upon which sign is located. d. A description of the repair activity to be per- formed. er- formed. e. Such other information as the Building Official shall require to show full compliance with this and all other laws and ordinances of the City. 5. Application for internally illuminated signs. Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, the electrical inspector shall examine the plans and specifications submitted with the application to insure the compliance with the Electrical Code of the City and with requirements of the Underwriters Laboratory. The Electrical Inspector shall approve the application if it meets these requirements and disapprove it if it does not. Approval of such an application by the Electrical Inspector is required before the Building Official may issue a sign permit. 6. Issuance and term of sign permit. It shall be the duty of the Building Official, upon the filing of an application for a sign permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect or repair the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this Ordinance, the Building Code and all other laws and Ordinances of the City of Allen, he shall then issue the sign permit. f the work authorized under a sign permit has not been completed within ninety (990) days of issuance, the said permit shall become null and void, unless renewed by the Building Official. -29- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 17. Sign permit fees. E�*e�y-agg�ieant;-befe�e-being-g�ented-a-ge��it-l�eret�nd- eX3-3--pa-te- -the -E-ity--ef-Irl-1-enr -fee herein -defined - 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%. The remaining 50% will be used for plan review and ad- ministrative costs associated with processing. a. Fees for a permit to erect, alter, replace or relocate any Class 5;-{r, 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. Fees for a permit to erect, replace or relocate any Class 6 sign shall be as follows: (1) illuminated: $150 per face (2) non -illuminated: $100 per face Fees for permit to alter any Class 6 sign shall be $50. d. Fee for temporary banners shall be $10. e. Fee for all other signs shall be $25 8. Permit revocable at any time. All rights and privileges acquired under the provisions of this Ordinance or any amendments thereto are mere licenses revocable at any time by the City Council for 3 -changed per Ordinance No. 717-8-86 -30- ATTACHMENT TO: Ordinance No. 861-7-88 Adopted: July 7, 1988 ORDINANCE NO. 374-10-81 just cause and all such permits shall contain this provision. SECTION 8. REMOVAL OF CERTAIN SIGNS 1. Any sign existing which no longer advertises a bona fide business conducted or product sold at this loca- tion, 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. 2. For signs which are in compliance with the size, height, and all other requirements of the use district in which located and which no longer advertise a bona fide business conducted or product sold at that loca- tion may be removed by removal of lettering and/or symbols, script, etc. In the event that such signs are not in compliance with all requirements of the use district in which located, removal shall include the pole, frame, lettering, symbols, or their alteration to a conforming or complying state. 3. If the Building Official shall find any sign regulated herein in 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 Offi- cial may cause any sign which is in immediate peril to persons or property to be removed summarily and without notice. 4. 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. -31- rj .a AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE `\'EDGEWORTH, who having been by me duly s%\ orn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre(luently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Public Notice - Ord. #861-7-88 of wnicn the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on July 13 & 17, 1988 and which was issued on July 13 , 1988 '1-,' , y City of 1 of Collin County, Texas. A printed copy of said public itio is attac t ret �f SUBSCRIBED AND SWORN to before me this Zust his 10th day of A 7A Publisher's fee s 34 . 20 Notary Public in i nd for Collin County, Texas r Evelyn E. urrie Commission Expires: 2/25/89 F,. CITY OF ALLEN PUBLIC NOTICE �•I Notice is hereby given that the following ordinance was, a_dopted by the Allen City Council in their regular meeting held on Thursday, July 7, 1988 (Title only):,,i ,,, i Ordinance no. 861-7-88: An Ordinance of the City of Allen,'Collin County, Texas, Amending the Sign Regulations Ordinance j No. 374-10-81, as Heretofore. Amended, so is to Add an Exception to the Definition i -of Gross Surface Area of Sign For Class 6 j Freeway Signs; Add a'Definition of Pa'rk- way;: -Regulate Realtor/Broker.,Weekend Directional Signs; Providing' for Zoning I Change Signs; Providing Regulations for. - Temporary Homebuilder Signs as,Class•4; Temporary Signs; Providing for Issuance of Class 4 Permit by, Staff.and Renewal,by Sign Control Board as Provided in Resolu- tion- No. S4-14-87-1; Providing for New Regulations as to Siie for Class 6 Freeway Signs and Permit Expiration and Renewal Process; Providing New - Regulations for Jump Clocks and Digital.Display or Elec- tronic Signs; Providing for. Additional Re- quirements at Time of Application for Sign Permit; Providing Additional Fees for Class 6 Freeway Signs; and Providing a Require-. ment that Permit Fees be Paid at Time of Application; .Providing for a Severability Clause; and Providing foi. the Effective Date of Said Ordinance: r � It*' Copies of this ordinance may be read or purchased iri the Office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. I Marty Hendrix, CMC City Secretary 7/13/88, 7/17/88 r - - ,- CITY OF ALLEN PUBLIC NOTICE,_' I ice., 1 .a q . o-, Notice is hereby given that the- following'• ordinance was adopted by the Alleh City Council in -their regular meeting, held. on Thursda'y,'July 7, 1988 (Title'only): r 'Ordinance no. 861-7-88: An Ord,inance of the City of Allen, Collin County, Texas;' Amending the Sign Regulations Ordinance No. •374=10-81, as Heretofore Amended;, so as to Add an Eicept,'06 to the Definition of Gross Surface Area of Sign For Class 6 Freeway Sigris;'Add'a Definitioh df Park -- way; Regulate'Realtor/Broker:Weekend! Directional Signs; Providing -for Zoning Change Signs; Providing Regulations for Temporary. HomebuilderSigns as Class 4.' Temporary Signs; Providing for Issuance of Class 4 Permit by Staff avid Renewal by Sign Control Board as -Provided in Resolu- JJ tion No. S4-14-87-1; Providing for Neww.4 Regulations as to,Size for Class 6 Freeway �Signs'and Permit'Expiration and'Renewal Process;- Providing New Regulations for Jump Clocks and Digital Display_br Elec- tronic -Signs; Providing for Additional'Re I quirements atTime of Application jor.Sign Permit; Providind'Additional Fees for Class 6 Freeway Signs; and Providing a Require- I t'ment that:Permit Fees be Paid at Time of wApplicatiori; Providirig fors Severability, Clause `and Pro"viding for' the Effective I Date of Said Ordinance. i ; Copie-s of this ordinance may be read or.� i purchased in the Office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. �Marty Hendrix, CMC ;i City Secretary 7/13/88, 7/17/88