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OR 2003-1064 Provisions for temporary signs; providing regulations; providing definitionAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2003-1064 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING ARTICLE 6-15, SECTIONS 6-15-1 THROUGH 6-15-8, ESTABLISHING PROVISIONS FOR TEMPORARY SIGNS; PROVIDING REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT PROCEDURES AND FEES; PROVIDING PROVISIONS FOR ALL ZONING DISTRICTS; PROVIDING FOR ON-PREMISES AND OFF-PREMISES TEMPORARY SIGNS; PROVIDING FOR SIGN ZONES; PROVIDING FIGURES 1 THROUGH 3, WHICH ESTABLISH SIGN SIZE, SIGN ZONES, AND SIGN LOCATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Article 6-15 Sections 6-15-1 through 6-15-8 establishing provisions for Temporary Signs, which shall read as follows: "ARTICLE 6-15. TEMPORARY SIGNS Sec. 6-15-1. Purpose. Signs use private land and the sight lines created by the public right-of- way to inform and persuade the general public by publishing a message. This section provides regulations and standards for the erection and maintenance of temporary private signs. All such private signs not exempted shall be erected and maintained in accordance with these regulations and standards. The general objectives of these regulations and standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following: signs that: Safety: To promote the safety of persons and property by providing (A) Do not create a hazard due to collapse, fire, collision, decay or abandonment; (B) Do not obstruct fire fighting or police surveillance; and (c) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. 2. Communications efficiency: To promote the efficient transfer of information in sign messages by providing that: (A) Those signs which provide messages and information most needed and sought by the public are given priorities. (B) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes. (c) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. 3. Landscape quality and preservation: To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (A) Do not interfere with scenic views; (B) Do not create a nuisance to persons using the public right-of-way; (c) Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and (D) Are not detrimental to land or property values. Sec. 6-15-2. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. 1. Building: means a structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animals or chattel. 2. Effective area of temporary sign: means measured as the surface face of the sign as depicted on Figure 1 of this article. 3. Model home: means a single-family dwelling structure that is open for inspection by the general public and is not used as a dwelling. 4. Premises: means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination thereof is under single ownership that is reflected in the plat records of the city. 5. Premises, dwelling: means a lot zoned SF, TH, or 2F that is occupied by a residential housing structure. 6. Public right-of-way: means a dedicated road or street including the easement for that road or street. 7. Sign: means any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, wind device or other thing visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises. 8. Signs, attached: means any sign attached to, applied on, or supported by, any part of a building (such as a wall, window, awning, arcade, or marquee) which encloses or covers usable space, with the exception of any window sign as defined herein. 9. Sign, banner: means a sign which is not permanently affixed. 10. Sign, detached: means any sign connected to the ground that is not an attached, portable or vehicle sign. 11. Sign, monument: means any detached sign which is of monolithic or semi-monolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix Illustration 17) 12. Sign, off-premise: means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. 13. sign. Sign, pole: means any detached sign which is not a monument 14. Sign, political: means any type of sign which refers only to the issues or candidates involved in a political election. 15. Sign, portable: means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another, and that is not an attached sign, vehicular sign, or a sign that refers solely to the sale or lease of the premises. 16. Sign, premise: means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity. 17. Sign, protective: means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, "bad dog", "no trespassing", and "no solicitors". 18. Sign, subdivision: means a sign that identifies the name of the subdivision only. 19. Sign support: means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. 20. Sign, vehicular: means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. 21. Sign, window: means any sign not government mandated, which is attached to either side of the glass within a window or which is located within a window opening and, as viewed from outside, is forward of the plane of the inside face of an exterior wall. 22. Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC, LI or HI. Any PD district with the previous listed zoning prefix is also included in this list, unless specifically excluded by its provisions. 23. Zoning district, non-business: means any zoning district not designated as a business district as defined herein. Sec. 6-15-3. Nonconforming Signs. It is declared purpose of this section that in time all temporary signs shall either conform to the provisions of this section or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this ordinance shall be an illegal sign. (A) Impoundment: Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance, except as permitted in this article, shall be construed a public nuisance and the city may, without notice, remove and destroy any such sign. Sec. 6.15-4. Permit procedures and fees. 1. Permits: No person shall erect, construct, relocate, alter, or repair a sign under this article without first having obtained a permit, except as otherwise provided in this section. This section does not apply to government signs. 2. Application: Application for a permit shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, and the sign specifications. 3. Fees: Every applicant, before being granted a permit, shall pay the applicable fee established by resolution of the city council. (A) Any person who erects, places, alters, repairs or relocates a sign, or commences work thereon, without first having obtained a permit, shall pay a late fee equal to twice the amount of the applicable sign permit fee. Sec. 6-15-5. Provisions for all zoning districts. 1. Imitation of traffic and emergency signs prohibited: No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals, as established by the Texas Manual on Uniform Traffic Control Devices. 2. Special purpose signs: (A) Government signs: Signs which are legally required or necessary to the essential functions of government agencies, such as flags, insignia, legal notices, or informational, directional, or traffic signs concerning governmental activities or buildings, shall be exempt from the provisions of this section. (B) prohibited. (A) (B) (c) (D) (E) (F) (H) (H) Holiday lights and decorations: Temporary lights and holiday decorations shall be exempt from the provisions of this section. Prohibited signs: The following types of signs are specifically Portable signs. Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving parts unless otherwise specifically allowed by this section. Signs attached to or maintained upon any tree or public utility pole or structure. Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building. Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Signs that move, flash light intermittently, change color or revolve. (G) Off-premise signs except as otherwise allowed under this subsection. Signs erected in the public right-of-way except as otherwise allowed under this subsection. (I) Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked on the premises of the business or in such a way that the sign attracts the attention of or informs persons using the public right-of-way. (J) (K) 4. (A) (B) A-framed signs (signs located in the back of a truck or other vehicle). Can signs made of plastic or similar translucent materials. Flags: All flags shall conform to the following requirements: Nothing in this section shall be construed to prevent the display of a national, state, county or school district or city flag. A business may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the city. 5. Obscenity: No person shall display on any sign any obscene, indecent or immoral matter. Any sign which contains any obscene, indecent or immoral matter shall be removed or the obscene, indecent or immoral matter must be removed within 24 hours of notice. 6. Obsolete signs: All temporary signs relating to an event shall be removed within twenty-four (24) hours after the occurrence of the event. 7. Maintenance of signs: Sign and sign supports shall be maintained in a state of good repair and neat appearance at all times. 8. Temporary banner signs: Banner signs shall be permitted subject to the following restrictions: (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this section shall not display a sign that states "Going Out of Business" or similar message more than one time. (B) During the initial year of operation, a business shall be permitted to erect one temporary banner sign a maximum of four times. Such signs shall be erected a maximum of 14 days for each permit except the initial sign may be erected for a maximum of 45 days. A permit shall not be issued within 30 days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed 40 square feet. (c) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at an occupancy two times per calendar year. Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 30 days of the date that any temporary banners sign was erected at the occupancy. The effective area for such signs shall not exceed 40 square feet. (D) New multi-family developments shall be allowed to display one banner sign as provided in this section. Signs shall refer to leasing information only and shall be removed within six months of the date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Sec 6-15-6. Provisions for temporary (on-premise) signs. The following signs may be erected and maintained subject to the following restrictions: 1. Residential property sale and rental signs: The owner or occupant may erect non-illuminated real estate sale and rental signs and personal property sale signs in the required front yard of platted property zoned SF, 2F or TH until the ownership has been transferred or the property is leased. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the house, but no closer than three feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least 15 feet from the edge of the street pavement. On lots that abut streets where sidewalks exist the signs shall be located no closer than 15 feet to any street pavement. Lots shall be limited to three signs not exceeding six square feet. No permit is required. 2. Business real estate signs: (m) Highway frontage: (i) Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121 or Interstate Highway 635 subject to the following restrictions. (ii) Such signs shall not exceed 200 square feet in effective area, shall be located a minimum of 15 feet from all property lines and shall be limited to one sign per tract. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (B) Other locations requiring a permit: (i) Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH or 2F, subject to the following restrictions. (ii) Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, shall be spaced a minimum of 50 feet apart along a lot frontage, and shall be limited to no more than four signs per lot. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (c) Locations not requiring a permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non-illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six square feet and shall be located no closer than 15 feet from any property line. No more than one sign shall be located for every two acres in a tract of land or portion thereof. 3. Subdivision identification: Owners of property zoned SF, TH, and 2F may erect signs to identify new subdivisions, developers and builders, builders' phone numbers and new home price information. Only one sign per subdivision is allowed. Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, and shall be limited to 15 feet in height. Permits for such signs shall be limited for a period of one year from the date of issuance subject to renewal upon approval of the building official. Such signs must be removed when permits have been issued for construction on 75 percent of the lots within the subdivision. 4. Temporary construction signs: One temporary construction sign is permitted to advertise the coming of a new business. Such signs shall not be erected prior to the approval of the site plan and/or zoning action by the city council for the property on which the sign is to be located. The sign must be removed prior to the issuance of a certificate of occupancy or two years from the date of the city council action, whichever occurs first. Such signs shall conform to the following provisions: Maximum effective area--100 square feet. Maximum height-- 15 feet. Minimum setbacks--15 feet from the street right-of-way. Sec 6-15-7. Provisions for temporary off- premise signs. 1. Builders and Developers: Builders and developers may erect temporary off- premise signs which refer to a subdivision. No more than ten signs per subdivision may be erected. Such signs shall refer only to subdivisions located within the city. A subdivision shall be defined as a platted tract of land that is zoned SF, TH or 2F. Separate sections or phases of a subdivision shall not constitute a new and separate subdivision. Such signs shall not list or refer to any builders or developers, and shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Such sign faces shall not exceed six (6) square feet in effective area, or 36 inches in height as measured from grade. Signs may only be placed in the City's right-of-ways as listed in Section 6-15-8, Sign Zones of this Article. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 2. Real estate signs: Real estate agents or homeowners may erect on private or public right-of-way, as measured and configured in accordance with Figure 1 hereof, temporary off-premise signs which are only directional and only refer to open houses within the City. Signs may contain only a directional arrow and the words "OPEN HOUSE". Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed two (2) square feet in effective area or 36 inches in height, as measured from grade. Signs may be placed within the public right-of-way provided that they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, Sign Zone, of this ordinance, if such a Sign Zone is available at the location. No sign shall be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 3. Religious institutions: Religious institutions may erect temporary off-premise signs which refer to location and service schedules. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed six-square feet in effective area and 36 inches in height, as measured from grade, as established in Figure 1. Signs may be placed within the public right-of-way, provided they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by section 6-15-8, Sign Zone, of this ordinance. No sign shall be erected within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 4. Political Signs: (A) Political signs on private property are exempt from the provisions of this Article if it: 111. iv. does not have an effective area greater than 36 square feet; is 8 feet or less in height; is not illuminated; or does not have any moving elements. (B) Political signs are strictly prohibited from any and all public property and right-of-way within the City. 5. Garage sale signs: An occupant of a Single-Family or Multi- Family residence may erect temporary off-premise signs which refer to a garage sale held on their property. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Sign faces shall not exceed six (6) square feet or 36 inches in height from grade, as depicted in Figure 1. Signs may be placed within the city right-of-way, provided that they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, of this article, if such a Sign Zone is available at the location. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 6. Community event notices: Bonafide non-profit organizations may erect temporary off-premise signs which refer to an activity or function of the organization. Such signs shall not be erected for more than ten days. Sign faces shall not exceed six square feet in effective area or 36 inches in height as measured from grade, as depicted in Figure 1. Signs for events benefiting non- profit organizations that are sponsored by a private business shall use a font for the name of the non-profit that is three (3) times the size of the font used for the name of the private business as depicted in Figure 1. Signs may only be placed with the city's right-of-ways as listed in Section 6-15-8 Sign Zones, of this Article. No sign will be otherwise allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. A permit shall be required for these signs; however, no permit fee will be assessed. Sec. 6-15-8. Sign Zones. Signs listed in Section 6-15-7(1) Builders and Developers, Section 6-15-7(3) Religious Institutions, and Section 6-15-7(6) Community event notices signs may only be placed within identified Sign Zones. All other temporary signs, as herein permitted, shall also be placed within the Sign Zone, when such sign is located at an intersection which such sign zone exists. Signs within the sign zone may only be placed in the direction of travel as the intersection is approached, as depicted in Figure 2. Signs must be placed within the limits of the Sign Zone as identified on the adjacent curb or pavement where a curb is not present. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. The following intersections are designated as Sign Zones for the purposes of this section: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Parkway Boulevard and Denton Tap Road Sandy Lake Road and Denton Tap Road Bethel School Road and Denton Tap Road Beltline Road and Denton Tap Road Wrangler Drive and Denton Tap Road MacArthur Boulevard and Samuel Blvd. MacArthur Boulevard and Parkway Boulevard MacArthur Boulevard and Sandy Lake Boulevard Beltline Road and MacArthur Boulevard Sandy Lake Road and Samuel Boulevard Sandy Lake Road and Moore Road Ruby Road and Freeport Parkway Creekview Drive and Freeport Parkway Beltline Road and Fairway Drive (See Fig. 3)." SECTION 2. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 3. That it is further the intent and declared the purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged Or affected by such passage, but prosecution and suits for such offense, liabilities, penalties, or forfeitures may be instituted, and causes presently pending may proceed. - SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances of the City of Coppell, Texas, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. That this Ordinance shall take effect on January 1, 2004. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of ~~~.~:l~ 2~3. i~ ATTEST: RAPo~ LIBBY B~,, CITY SECRETARY TORNEY 6 square-foot signs 3~ 2~ 36" 1'I OPEN ~ 36" 2 square-foot sign II .~ 9 Saturday 1-4 p.m. XSD Store Parking Lot II II 36" When a community event is sponsored by a private company, the size of the event/non-profit's name shall be a minimum of 3 times the size of the sponsoring business or entity. Figure 1 Figul.r.e. 2:: !P~E: R;El 0 N S'. :P ~:C I'i~i ~ :'!si (~:~ E~::'~ R E:':R':ES:P ON I~ I.B;EE:!.F O'.E'. ]: N El O RINO. 8 (G :N S: !AR:El :.LQ CA: T'ED .'W IT.HI N :::S i~ lq: zO.N :E~ .Figure :SignZo:nes: ~ rf~'it~e d .i~ r$.ea io ns