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O-1198-9-93A C. P E A LIE D 5 Y: CITY OF ALLEN < <03 6 f C1 —c1 $ ORDINANCE NO. 1198-9-93 SIGN REGULATIONS TABLE OF CONTENTS SECTION 1. SHORT TITLE .............................................. 2 SECTION 2. DEFINITIONS ............................................... 2 SECTION 3. CLASSIFICATION OF SIGNS .................................... 4 A. CLASS 1 - Minor Signs .................................... 4 B. CLASS 2 - Window Signs ................................. 7 C. CLASS 3 - Traffic Related Signs ............................. 7 D. CLASS 4 - Temporary Promotional Signs ...................... 8 E. CLASS 5 - Major Freestanding Signs ........................ 11 F. CLASS 6 - Freeway Signs ................................ 11 G. CLASS 7 - Major Attached Signs ........................... 13. SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS ............................. 13 A. Single Family and Duplex Residential Districts .................. 13 B. Apartment Districts .................................... 14 C. Office and Technical -Office Districts ......................... 14 D. Industrial Districts ..................................... 15 E. Retail and Commercial Districts: ............................ 16 F. Public; Charitable; and Religious ............................ 17 G. Summary of Districts ................................... 18 SECTION 5. PROHIBITED SIGNS ............................................ 25 SECTION 6. GENERAL REGULATIONS ........................................ 26 SECTION 7. SIGN PERMITS ................................................ 27 1. Permit required to erect, alter, replace, or relocate ............... 27 2. Permit required to repair ................................. 27 3. Application for permit to erect, alter, replace, or relocate .......... 27 4. Applications for permit to repair ............................ 28 5. Application for internally illuminated signs ..................... 29 6. Issuance and term of sign permit ........................... 29 7. Sign permit fees ....................................... 29 SECTION 8. REMOVAL OF CERTAIN SIGNS .................................... 30 SECTION 9. NONCONFORMING EXISTING SIGNS ............................... 31 SECTION 10. SIGN CONTROL BOARD ........................................ 31 1. Creation ............................................ 31 2. Qualifications ......................................... 31 3. Terms .............................................. 31 4. Absenteeism: ......................................... 31 5. Compensation ........................................ 31 Ordinance No. 1198-9-93 Page i 6. Board Officers ........................................ 32 7. Quorum ............................................ 32 8. Meetings ............................................ 32 9. Records ............................................ 32 10. Powers and Duties ..................................... 33 SECTION 11. VARIANCE FEES AND NOTIFICATION .............................. 34 SECTION 12. INSPECTION ................................................ 34 SECTION 13. RESPONSIBILITY FOR VIOLATION .................................. 34 SECTION 14.NOTICETO REMOVE .......................................... 34 SECTION 15. INJUNCTIVE RELIEF ........................................... 35 SECTION 16.PENALTIES................................................. 35 SECTION 17. VALIDITY CLAUSE ............................................ 35 SECTION 18. EFFECTIVE DATE ............................................. 36 Ordinance No. 1198-9-93 Page ii Itoo3-S-�g� ORDINANCE NO. 1198-9-93 _... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 374-10-81, AND THE AMENDMENTS THERETO, INCLUDING ORDINANCE NO. 477-11-83, 576-12-84, 717-8-86, AND 861-7-88; 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 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. 374-10-81 and the amendments thereto, including Ordinance Nos. 477-11-83, 576-12-84, 717-8-86, and 861-7-88, 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: SECTION 1. SHORT TITLE This Ordinance shall hereafter be known and cited as the "Sign Regulations." SECTION 2. DEFINITIONS As used in this Ordinance unless the context otherwise indicates: Alter • "Alter" shall mean to change the size, shape or outline, copy, nature of message, intent, or type of sign. 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. 1198-9-93 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. 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, 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 "vehicle" in both moving and stationary modes, irrespective of state of repair or condition. Ordinance No. 1198-9-93 Page 3 SECTION 3. CLASSIFICATION OF SIGNS The following classification 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 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 within 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 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 Ordinance No. 1198-9-93 Page 4 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. 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 business and providing no establishment shall have more than two (2) signs in use at any given time. 11. 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 Ordinance No. 1198-9-93 Page 5 is exceeded, 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 telephone numbers, hours, and security information. 13. 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. 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 following the public hearing. 16. 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. 17. Pennants or flags promoting an open house or grand opening are allowed for a 7 -day use period. 18. Roadway signs, approved by the City of Allen, to include "Adopt -A -Highway" and similar programs. Ordinance No. 1198-9-93 Page 6 19. 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. B. CLASS 2 - Window Signs (Permit not required) Window signs in the use districts where permitted, do not require a sign permit and do not require approval by any municipal agency prior to erection. Specifically, Class 2 signs shall include: 1. Signs painted on the external or internal surface of the window of an establishment in commercial or retail districts with water durable paint on external surfaces advertising services, products or sales available within said establishment or which announce opening of said establishment. 2. Signs, banners, posters, or displays located on the internal surface of the window of an establishment in commercial or retail districts only, which advertise services, products or sales available within said establishment or which announce opening of said establishment. 3. Posters which announce events sponsored within the City of Allen by any civic, educational, or religious institution providing such posters are not located on the external surface. 4. Decorations intended to direct attention to and stimulate citizens' interest in public events involving educational institutions located within the City and provided such signs are painted on the external surface of the window and that no given decoration may be allowed for a period exceeding seven (7) days. 5. Signs attached to the external surface of a window of a retail or commercial establishment if of water durable paint or noncombustible material and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of said retail or commercial establishment. C. CLASS 3 - Traffic Related Signs (Public Works Departmental approval required) Traffic related signs in the use districts where permitted, do not require a sign permit but must be approved by the office of the Department of Public Works prior to erection. Submission to the Department of Public Works shall include, 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: Ordinance No. 1198-9-93 Page 7 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. 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. 2. 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 allowed to a maximum height subject to setback requirements, shall be 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 home builder sites, and commercial tracts of thirty (30) acres, or less. One additional sign shall be Ordinance No. 1198-9-93 Page 8 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 restric- tions or conditions on the permit as they deem necessary. All signs shall maintain a 25 -foot corner clip at paving intersections 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 painted on the surface of the structure. Such signs shall not be allowed in Single Family or Multi -family residential zoning districts. Ordinance No. 1198-9-93 Page 9 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 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. Excention: 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. 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 stan- dard 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. Permit Required: (Sign Board approval not required) 1 . A permit is required to display temporary home builder 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. 1198-9-93 Page 10 E. CLASS 5 - Major Freestanding Signs (Permit required/Sign Control Board approval required only as specified) Major freestanding signs in the use districts where permitted, 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 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: 3. 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). 4. 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. 5. Signs erected in retail and commercial districts to identify a center or complex or to identify multiple establishments and/or advertise multiple occupants, services, or products of a center or complex. Such signs shall be termed as $$multiple -usage major freestanding signs." Height, area, and permissible number regulations for such signs are specified in Section 4. F. CLASS 6 - Freeway Signs (permit required) Freeway signs in the use districts when permitted, require a sign permit to be issued by the Chief Building Official 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 as designated on the City of Allen Master Thoroughfare Plan, provided the required future right-of-way is dedicated to the City of Allen prior to the issuance of a sign permit. 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 Ordinance No. 1198-9-93 Page 11 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. 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 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. 2. 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 information, and signs erected to provide location and directional information for lodging accommodations, and signs erected for the purpose of advertising any bona fide business. 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 illumination. External lighting 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. Such signs shall be set back a minimum of fifty (50) feet from front and side property lines at street intersec- tions. Such signs shall be finished and maintained in a presentable manner with metal supports and construction, no wood allowed. 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. 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 displayed on the sign facing. Ordinance No. 1198-9-93 Page 12 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. SECTION 4. PERMISSIBLE SIGNS IN USE DISTRICTS The classification of signs allowed in each use district shall be only those as defined in this section and subject to the conditions specified herein: A. Single Family and Duplex Residential Districts: 1. These use districts shall include all zoning 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. 1198-9-93 Page 13 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 twenty- five (25) square feet 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 eight (8) feet and provided such sign is set back at least one, -half the distance from the building line to the property line. 6. Class 7 - Major Attached Signs, shall be permissible in these districts providing no more than one major attached sign (or major 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. Office and Technical -Office Districts: 2. 3. 4. 5. These use districts include all zoning classifications designated for office or technical -office usage. Class 1 - Minor Signs, shall be permissible in these districts except where restricted to retail and commercial districts as specified in Section 3. Class 3 - Traffic Related Signs, shall be permissible in these districts. Class 4 - Temporary Promotional Signs, shall be permissible in these districts. Class 5 - Major Freestanding Signs, shall be permissible in these districts. However, no more than one (1) major freestanding sign (or one major attached sign) be permitted per major building and provided that no major freestanding sign exceed an area of sixteen (16) square feet and provided that no freestanding sign exceed a height of six (6) feet and provided such sign is set back Ordinance No. 1198-9-93 Page 14 at least one-half the distance between the building line and the property line. 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. 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 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. D. Industrial Districts: 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. Ordinance No. 1198-9-93 Page 15 E 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 - Major Freestanding Sings, 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. ' 6. Class 6 - Freeway Signs may be located in these districts. 7. 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. Retail and Commercial Districts: 1 . These use districts shall include all zoning classifications designated for local retail or commercial usages. 2. 3. 4. 5. Class 1 - Minor Signs, shall be permissible in these districts. Class 3 - Traffic Related Signs, shall be permissible in these districts. Class 4 - Temporary Promotional Signs, shall be permissible in these districts. Class 5 - Major Freestanding Signs as defined in Section 3 shall be permitted in these districts. "Single -usage major freestanding signs" as described in Section 3 shall not exceed a height of twenty (20) feet and shall not exceed an area of sixty (60) square feet. "Multiple -usage major freestanding signs" as described in Section 3, shall not exceed a height of thirty (30) feet and shall not exceed an area of one hundred fifty (150) square feet. The number of signs shall be limited by the following: Ordinance No. 1198-9-93 Page 16 a. Shopping center and multi -use commercial shall be allowed one (1) multi -usage pole sign. For sites of fifteen (15) acres or less, 150 sq. ft. multi -usage may be allowed, and for sites of fifteen (15) acres or more two hundred (200) sq. ft. may be allowable. However, individual platted out -parcels may qualify for single usage sign of sixty (60) sq. ft. and would require Sign Board approval. b. For sites exceeding twenty-five (25) acres on which signs are desired in excess of the above regulations, a total sign plan for the site may be submitted to the Sign Control Board for consideration as a variance of this Ordinance. 6. Class 6 - Freeway Signs, shall be permissible in these districts. 7. 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 (121/2) 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). F. 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. Ordinance No. 1198-9-93 Page 17 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. G. Summary of Districts: The following tables summarize the districts defined in this Section 4, the permissible classes of signs and the restrictions pertaining to area, height, and number of signs. These tables do not summarize all regulations included in this Ordinance. Table of Residential Districts Page 19 Table for Office Districts Page 20 Table for Industrial Districts Page 21 Table for Retail and Commercial Districts Page 22 Table for Public; Charitable; Educational or Religious Page 24 Ordinance No. 1198-9-93 Page 18 CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. 1198-9-93 SUMMARY OF RESIDENTIAL DISTRICTS (SINGLE FAMILY AND MULTI -FAMILY) DISTRICTS PERMISSIBLE AREA MAXIMUM HEIGHTS NUMBER - Major Freestanding Signs CLASSES - Major Attached Signs Single Family 1, 3, 4 See Section 3 See Section 3 See Section 3 Duplex Apartment 1, 3, 4 See Section 3 See Section 3 See Section 3 Apartment 5 25 sq. ft. 8 feet 1 of either class per adjacent street Apartment 7 40 sq. ft. Below roof line Key: Class 1 - Minor Signs Class 3 - Traffic Related Signs Class 4 - Temporary Promotional Signs Class 5 - Major Freestanding Signs Class 7 - Major Attached Signs CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. 1198-9-93 SUMMARY OF OFFICE DISTRICTS PERMISSIBLE AREA MAXIMUM NUMBER CLASSES Class 5 HEIGHTS Class 7 1- 3 -4 Refer to Section 3 Refer to Section 3 Refer to Section 3 5 16 sq. ft. 6 ft. 1 of either class per major building. For buildings provid- ing integral architectural features 7 (A) If attached to a decorative 16 sq. ft. 8 ft. for attaching signs above the screening wall or landscape roof line, a sign may be attached planter. to each such feature with the sign area not to exceed 15 sq. 7 (B) If attached to a "project- 25 sq. ft. Below Roof Line ft. on each feature. ing structure." 7 (C) If attached to surface of 25 sq. ft. plus 3 sq. ft. for each Below roof lines unless building main building. 1 ft. in height above 20 ft. has integral architectural feature for attaching signs. Key: Class 1 - Minor Signs Class 3 - Traffic Related Signs Class 4 - Temporary Promotional Signs Class 5 - Major Freestanding Signs Class 7 - Major Attached Signs CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. 1198-9-93 SUMMARY OF INDUSTRIAL DISTRICTS PERMISSIBLE AREA MAXIMUM NUMBER CLASSES Class 5 HEIGHTS Class 6 1 - 3 -4 Refer to Section 3 Refer to Section 3 Refer to Section 3 5 60 Square Feet 20 Feet 0 for sites below 10 acres 1 for sites of 10 acres 1 additional for each additional 10 acres, but no more than 1 per building per adjacent public street 6 Refer to Section 3 Refer to Section 3 Refer to Section 3 7 5 % of the Wall Area to Which Below Roof Line 1 Per Building Attached Key: Class 1 - Minor Signs Class 3 - Traffic Related Signs Class 4 - Temporary Promotional Signs Class 5 - Major Freestanding Signs Class 6 - Freeway Signs Class 7 - Major Attached Signs CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. 1198-9-93 SUMMARY OF RETAIL AND COMMERCIAL DISTRICTS PERMISSIBLE MAXIMUM MAXIMUM MAXIMUM CLASSES AREAS HEIGHTS NUMBERS 1 - 2 - 3 -4 Refer to Section 3 Refer to Section 3 Refer to Section 3 5(A) - single usage 60 sq. ft. 20 ft. 1 for sites of less than 15 acres 5(B) - multiple usage 150 sq. ft. 30 ft. 1 for sites of 15 acres of less 200 sq. ft. 30 ft. 1 for sites of 15 acres or greater 6(A) • 120 sq. ft. 40 ft. A minimum separation of 120 ft. between any two such signs 6(B) 288 sq. ft., each face, two fac- 40 ft. A minimum separation of 2000 ings allowed; must advertise ft. between any two such signs business or development within corporate city limits of Allen or any city sharing a common border with Allen SUMMARY OF RETAIL AND COMMERCIAL DISTRICTS PERMISSIBLE MAXIMUM MAXIMUM MAXIMUM CLASSES AREAS HEIGHTS NUMBERS 7 Single sign area may not exceed Below roof line for mansard type Attached signs may be located - Major Attached Signs 2 times the length of building roofs, limited to 4 ft. above roof on each exposed face of build - front or 200 sq. ft., whiehever is line for nonmansard type roofs. ing. less, for signs at heights of 20 ft. May extend higher if attached to Sum of all attached sign area on Above 20 ft. an increase is an integral architectural feature a building may not exceed twice allowed to 12% of front of build- of the building other than the the area allowed for a single ing with a maximum 25 ft. roof. sign. height. Total Class 7 and Class 5 signs shall not exceed 121/2% of build- ing front. Key: Class 1 - Minor Signs Class 2 - Window Signs Class 3 - Traffic Related Signs Class 4 - Temporary Promotional Class 5 - Major Freestanding Signs Class 6 - Freeway Class 7 - Major Attached Signs CITY OF ALLEN SIGN REGULATIONS ORDINANCE NO. '1198-9-93 SUMMARY OF PUBLIC, CHARITABLE, EDUCATIONAL OR RELIGIOUS DISTRICTS PERMISSIBLE CLASSES AREA MAXIMUM HEIGHTS NUMBER 1, 2, 3 See Section 3 See Section 3 See Section 3 4 96 sq. ft. 15 ft. 1 on-site allowed for sites of 10 acres or less 5 See Section 3 See Section 3 See Section 3 Key: Class 1 - Minor Signs Class 2 - Window Signs Class 3 - Traffic Related Signs Class 4 - Temporary Promotional Signs Class 5 - Major Freestanding Signs 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 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. 3. 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. 4. 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. 5. 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. 6. No lighted sign shall be erected within one hundred fifty (150) feet of a residential district. 7. 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. 8. 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. 9. 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." 10. All signs are prohibited in any street median or on parkway along or adjacent to a single family residential front yard. Ordinance No. 1198-9-93 Page 25 1 1. 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: 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. 12. Except as specifically allowed under this ordinance, signs are prohibited at any location other than the site where the business is conducted. SECTION 6. GENERAL REGULATIONS All signs in all classifications and use districts where permitted shall conform to the general regulations listed herein: No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape except signs relating directly to such. 2. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative are not subject to the provisions of this Ordinance. 3. In order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or maintain any fluttering, -undulating, swinging, rotating or otherwise moving 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 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. Ordinance No. 1198-9-93 Page 26 5. 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. 6. The permittee or owner of any sign as defined in this Ordinance shall maintain all parts and supports of said sign in good condition to prevent deterioration, oxidation, rust, paint peeling, and other unsightly conditions. 7. All illuminated signs shall be subject to the provisions of the City of Allen Electrical Code. In addition, all internally illuminated signs shall bear the Underwriters Laboratory label or be built to comply with Underwriters Laboratory requirements. 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. 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(1), when the value of such work exceeds one hundred dollars ($100) without first obtaining a repair permit from the Building Official and making payment of the fee required. 3. Application for permit to erect, alter, replace, or relocate. Applications for sign permits shall contain or have attached thereto the following information: a. Name, address, and telephone number of the applicant. Ordinance No. 1198-9-93 Page 27 b. Location of building, structure, or lot to which or upon which the sign is to be attached or erected. C. Position of the sign in relation to nearby buildings or structures, including other signs. d. Two blueprints or ink drawings of the plans and specifications including electrical wiring and the method of construction and attachment to the building or in the ground. e. Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and Ordinances of the City. f. Name and address of person, firm, corporation or association erecting the sign. g. The zoning classification of the property on which the sign is to be or is located. Also, the zoning classification of all property within one hundred (100) feet of locations for Class 5 signs, and the zoning classification of all property within two hundred fifty (250) feet for Class 6 signs. h. Advertising copy for the proposed sign face. Class 6 Signs require the submission of a copy of the State permit prior to issuance of City permit. 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: a. Name, address, and telephone number of the sign owner. b. Name, address, and telephone number of the person, firm, corporation, or association providing the repair service. C. Location of building, structure, or lot upon which sign is located. d. A description of the repair activity to be performed. Ordinance No. 1198-9-93 Page 28 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 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. 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. 7. 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%. a. Fees for a permit to erect, alter, replace or relocate any Class 4 sign shall be as follows: (1) $100 per year (2) $100 per one-year renewal (3) $300 per year for weekend directional signs (4) Fee for temporary banners above 16 sq. ft. and floating devices - $30 b. Fees for a permit to erect, alter, replace or relocate any Class 5 or 7 sign shall be as follows: (1) illuminated: $100 (2) non -illuminated: $50 C. Fees for a permit to repair any sign of any class shall be as follows: (1) with electrical: $35 (2) without electrical: $20 (permit not required unless repair exceeds $100) Ordinance No. 1198-9-93 Page 29 d. Fees for a permit to erect, replace or relocate any Class 6 sign shall be as follows: (1) illuminated: $200 per face (2) non -illuminated: $150 per face Fees for permit to alter any Class 6 sign shall be $50. e. Fee for all other signs shall be $50 SECTION 8. REMOVAL OF CERTAIN SIGNS 1 . Any sign existing which no longer advertises a bona fide business conducted or product sold at this location, shall be removed by the owner, agent or person having the beneficial use of the building or structure. Said sign shall be removed within sixty (60) days after it no longer 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 location may be removed by removal of lettering and/or symbols, script, etc. In the event that such signs are not in compliance with all requirements of the use district in which located, removal shall include the pole, frame, lettering, symbols, or their alteration to a conforming or complying state. 3. If the Building Official shall find any sign regulated herein is unsafe or insecure, or is a menace to the public, he shall give written notice to the permittee thereof. If the permittee fails to remove or repair the structure within ten (10) days after such notice, such signs may be removed by the Building Official at the expense of the permittee or owner of the property upon which it is located. The Building Official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Official may cause any sign which is 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. 5. 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. Ordinance No. 1198-9-93 Page 30 6. 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. SECTION 9. NONCONFORMING EXISTING SIGNS Any sign not in conformance with these sign regulations, and lawfully in existence on date of passage of this Ordinance may be repaired but not altered or moved unless it shall be made to conform with the provisions of this Ordinance. Temporary permits previously granted shall not be renewed unless the sign is made to conform. In any event, all signs in existence on date of passage of this Ordinance shall be made to conform to these sign regulations when there is change in ownership, change in the nature or intent, alteration, or relocation of sign. SECTION 10. SIGN CONTROL BOARD 1. Creation: There is hereby continued, upon passage of this Ordinance, the Sign Control Board consisting of five (5) members. 2. Qualifications: Members shall be qualified voters of the City of Allen. 3. Terms: The existing membership shall remain in force. Upon expiration of existing terms, appointments shall be for a period of two (2) years. A member shall be eligible for reappointment but may not serve in excess of six (6) consecutive years. In the event of a vacancy, the City Council shall appoint a member to serve the unexpired term. In the event a replacement or reappointment has not been made at the end of a member's designated term, said member will continue to serve until reappointed or replaced. 4. Compensation: Members shall serve without compensation. Ordinance No. 1198-9-93 Page 31 5. Board Officers: The Sign Control Board shall elect its own officers and 'each officer shall serve for a period of one year or until his successor is elected. a. Chairman: The Chairman shall preside at all meetings where he is present. The Chairman shall implement or cause to have implemented, any practice or 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. b. Vice Chairman: The Vice Chairman shall assist the Chairman in directing the total affairs of the Board. In the absence of the Chairman, the Vice Chairman shall assume all duties of the Chairman. C. Secretary: The Secretary shall be responsible for the keeping of minutes of all meetings of the Board, responsible for entering and maintaining all records of Board decisions, and posting notice of hearings of variance request or appeal. 6. Quorum: A majority of members, which is three (3) members, shall constitute a quorum. In the event of the absence of the Chairman and Vice Chairman, the three members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and assume all duties of the Chairman. All motions shall be decided by a simple majority of the members present. A tie vote shall constitute failure of the motion. 7. Meetings: The Sign Control Board shall be on call to hold one (1) meeting per month and shall call special meetings as required to conduct their duties. All stated meetings shall be open to the public. The board shall establish the dates, time, and place of meetings. 8. Records: All proceedings of the Sign Control Board shall be recorded in minutes of meetings and such minutes approved and made a matter of public record. Ordinance No. 1198-9-93 Page 32 9. Powers and Duties: The Sign Control Board shall have the following powers and perform the following duties: a. 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. b. 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. C. 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. d. 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. e. The Sign Control Board will evaluate new signing techniques as such are developed and recommend to the City Council their benefits or disadvantages in the City of Allen. f. The Sign Control Board may discuss the planning of signing in new or existing developments upon request of the developer. g. The Sign Control Board shall conduct studies, prepare opinions and general plans as requested by the City Council. h. The Sign Control Board shall perform any duties specified elsewhere in this Ordinance. i. The Sign Control Board may, from time to time, recommend to the City Council amendments or changes to this Ordinance. Ordinance No. 1198-9-93 Page 33 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 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: a. Name, address', and telephone number of the applicant. b. Location of building, structure or lot to which or upon which the sign(s) is to be attached or erected. C. Position of the sign(s) in relation to nearby buildings or structures, including other signs. d. The zoning classification of the property on which the sign(s) is to be located. Also, the zoning classification of all property within two hundred fifty (250) feet of the sign(s) location. e. The specific variation(s) requested and the reasons and justification for such requests. SECTION 12. INSPECTION The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. SECTION 13. RESPONSIBILITY FOR VIOLATION The owner of the sign, the owner of the land or structure, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this Ordinance and therefore subject to the penalty hereinafter provided. SECTION 14. 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 Ordinance No. 1198-9-93 Page 34 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. 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. Ordinance No. 1198-9-93 Page 35 SECTION 18. EFFECTIVE DATE This ordinance shall effective immediately upon its passage and adoption by the City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 2ND DAY OF SEPTEMBER, 1993. ' APPROVED: Jloe Farmer, MAYOR r� APPROVED -AS -W FORM: ATTEST: A. Don Crow er, ATTORNEY J y Mo son, CITY SECRETARY,CMC Ordinance No. 1198-9-93 Page 36 'AFFIDAVIT AND PROOF OF PUBLICATION "CITY OF ALLEN PUBLIC NOTICE ,-Notice is hereby given that the Allen City THE STATE OF TEXAS Council adopted the following ordinance at COUNTY OF COLLIN their regular meeting held on Thursday, September 2, 1993 (Title and Penalty Clause only). BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE Ordinance No. 1198-9-93: An Ordinance of the City of Allen, Collin County, Texas, TACKETT, who having been by me duly sworn, on oath deposes and says: I Repealing Ordinance No. 374-10-81, and Managerf THE ALLEN AMERICAN a newspaper ubllsheCI That she is the General o p the Amendments Thereto, Including Ordi- I nance No. 477-11-83, 576-12-84, COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulatic 717-8-86, and 861-7-88; and Adopting said county, and having been published regularly and continousl for more than twelve 1 Y 9 P 9 Y Y New Regulations Concerning the Erection, Construction, Repair, Placement, Height, months prior to publishing Area, and Maintenance of Signs in the City of Allen; Providing for the Issuance of Per- Ordinance #1198-9-93 _ mits and Collection of Fees Therefor; Pro - viding for the Continuation of the Sign Board; Providing for Application for Var- iance or Appeal; Providing for Notification of Variance or Appeal; Providing for in- spection; Providing for the Responsibility of which the attached is a true and written copy, and which was published in THE ALLEN for Violations; Providing for Removal; Pro- viding for a Penalty for the Violation of this AMERICAN on Ordinance; Providing a Validity Clause; and Providing an Effective Date. Any person violating any provisions of this Wednesday September 8 1993 & Ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not to exceed five hundred and which was issued on September 8, 1993 dollars ($500.00), for each offense. Each day such violation is committed or permit ted to continue shall constitute a separate by City of Allen of COLLIN COUNTY, TEXAS. offense and shall be punishable as such hereunder. A printed copy of said publication is attached hereto. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. •/s/ Judy Morrison 72a i 1 City Secretary SUBSCRIBED AND SWORN to before me this day of A.D. 19 V. A. TODD MY COMMISSION EXPIf December 5, 1996 in and for COLLIN COUNTY, TEXAS Publisher's fee $45.00 CITY OF ALLEN PUBLIC NOTICE (Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, (September 2, 1993 (Title and Penalty wClause only): Ordinance No. 1198-9-93: An Ordinance .of the City of Allen, Collin County, Texas, .Repealing Ordinance No. 374-10-81, and the Amendments Thereto, Including Ordi- nance No. 477-11-83, 576-12-84, 717-8-86, and 861-7-88; 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 Per- mits and Collection of Fees Therefor; Pro- viding. for the Continuation of the Sign Board; Providing for Application for Var- iance or Appeal; Providing for Notification of Variance or Appeal; Providing for In- spection; Providing for the Responsibility for Violations; Providing for Removal; Pro- viding for a Penalty for the Violation of this Ordinance; Providing a Validity Clause; and Providing an Effective Date. Any person violating any provisions of this Ordinance shall be deemed guilty of a mis- demeanor' 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 permit- ted to continue shall constitute a separate offense and shall be punishable as such A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. — /s/ Judy Morrison C ity_Secretary_ _ _