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O-1416-3-96ORDINANCE NO. 1416-3-96 EUEc BY: a AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING SIGN REGULATIONS ORDINANCE NO. 1198-9-93, AS PREVIOUSLY AMENDED, SO AS TO REGULATE CONSTRUCTION, REPAIR, PLACEMENT, HEIGHT, AREA, AND A4AINTENANCE OF SIGNS IN THE CITY OF ALLEN; PROVIDING FOR EXl`IIBTT•"A;" PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN DATE. WHEREAS, the Sign Control Board of the City of Allen, Texas, 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 Ordinance No. 1198-9-93, as previously amended, for evaluation by the City Council; WHEREAS, the City Council of the City of Allen has evaluated the recommendations of the Sign Control Board and is in agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, City of Allen Sign Regulations Ordinance No. 1198-9-93, as previously amended, be, and is hereby, amended as indicated by Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Sign Regulations Ordinance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. SECTION 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 21 st DAY OF mi%RCx ,1996. APPROVED: foe Farmer, MAYOR APPROVED AS TT1 FORM: ATTEST: A. Do '° r, 1 ATTORNEY M - n, CMC, CITY SECRETARY Ordinance No. 1416-3-96 Page 2 EXHIBIT "A" OMINMCE NO. 1416-3-96 SECTION 3. CLASSIFICATION OF SIGNS 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 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, meas r, edfettt�er row ttae ��ro e e ce o 0, thefpnncip-Rla e of e'� ree a 4 �chev:E real rows.. he' gre'ate hetty ifi., 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-buming 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 or -e _undr d an t 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 q -,n -•the p—,a 6Mgg�of tfloffeeway asci, fiu',e huntlredl(§00) fewej&f m�aTbillboa�tl on the oppositeside,_�ofaF e'freeway< Such signs shall be set back a minimum of fifty (50) feet from front and side property lines at street intersections. Such signs shall be finished and maintained in a presentable manner with metal supports and construction, no wood allowed. ORDINANCE NO. 1416-3-96 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. 1416-3-96 SIGN PERMITS G. Sign permit fees. Every applicant, at the time of application, shall pay to the City of Allen, the applicable fee herein defined. In the event the application is not approved, the fee shall be refunded at a rate of 50%. 1. Fees for a permit to erect, alter, replace or relocate any Class 4 sign shall be as follows: (a) $100 per year (b) $100 per one-year renewal (c) $300 per year for weekend directional signs (d) Fee for temporary banners above 16 sq. ft. and floating devices - $30 (e) Fee for model home/model home park sign - $100 per year, renewable annually. - 2. Fees for a permit to erect, alter, replace or relocate any Class 5 or 7 sign shall be as follows: (a) illuminated: $100 (b) non -illuminated: $50 3. Fees for a permit to repair any sign of any class shall be as follows: (a) with electrical: $35 (b) without electrical: $20 (Permit not required unless repair exceeds $100) 4. Fees for a permit to erect, replace or relocate any Class 6 sign shall be as follows: (a) illuminated: $200 per face (b) non -illuminated: $150 per face Fees for permit to alter any Class 6 sign shall be $50. 5. Fees for "Sign Plans" shall be as follows: (a) Fee for a "sign plan" for permanent signs in retail, commercial, industrial, and office districts shall be M. in eeeaFdanee with this (b) Fee for a "sign plan" for temporary signs in residential developments: $300 per year, renewable annually. 6. Fee for all other signs shall be $50 Whenever any work for which a permit is required has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee in addition to the permit may be collected at such time as a permit is issued. The investigation fee shall be equal to the amount of the permit fee. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says. That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinace #1416-3-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 27 & Mancic 30, 1996 and which was issued on March 27, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publicati is attached hereto. • /. SUBSCRIBED AN WORN to before me thisp/ day-C� A.D. 19 9� NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee 5 4 6. 7 6 �'""'rrg•, V. A. TGD aN J`V: ry, W COMMlSSiJN EXNRES ;E;.• Decomber 5,1996 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, March 21, 1996 (Title and Penalty Clause only): Ordinance No. 1416-3-96: An Or mance o e --City ol-Afle—n,-17ollin County, Texas, Amending Sign Regulations Ordinance No. 1198-9-93, as Previously Amended, so as to Regulate Construction, Repair, Placement, Height, Area and Maintenance of Signs'in the City of Allen; Providing for Exhibit "A"; Provid- ing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500); Pro- viding for a Severability Clause; and Providing for an Effective Date of Said Ordinance. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Sign Regulations Ordinance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary 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, March 21, 1996 (Title and Penalty Clause only): Ordinance No. 1416-3-96: An Or finance o t e--C'ity oiA Fen,--C�ollin County, Texas, Amending Sign Regulations Ordinance No. 1198-9-93, as Previously Amended, so as to Regulate Construction, Repair, -Placement, Height, Area and Maintenance of Signs in the City of Allen; Providing for Exhibit "A'; Provid- ing for a Penalty of Fine not to Exceed the 'Sum of Five Hundred Dollars ($500); Pro- viding for a Severability Clause; and `Providing for an Effective Date of Said Ordinance. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Sign Regulations Ordinance No. 1198-9-93, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary I