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OR 89-454 Amends chapter 10 of Code of Ordinance AN ORDINANCE OF THE CITY OF COPPELL TEXAS ORDINANCE NO. 89454 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY AMENDING ARTICLE 10-2, SECTION 10-4-3 OF ARTICLE 10-4 AND SECTION 10-9-1 OF ARTICLE 10-9; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FORANY OFFENSEWHICH IS A VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9a, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED THE PENALTY SHALL BE A 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. AmendingArticle 10-2 of Chapter 10 of the Code of Ordinances. Article 10-2 of Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended to read as follows: AMENDING SIGN REGULATIONS - Page 1 "ARTICLE 10 - 2 DEFINITIONS The following words and phrases shall have meanings respectively ascribed to them by this Article. 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 Languare, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. Building - means a structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animal or chattel. Effective Area, Attached Sign - means the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. Effective area shall also be referred to as size. (See Appendix Illustration 1) Effective Area, Monument Sign - means the area enclosed by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign located above the ground including the sign base. The measurement is to be calculated from a viewpoint which gives the largest rectangle of that kind. The effective area shall also be referred to as size. (See Appendix Illustration 1) Effective Area, Other Sign - Signs that do not meet the definition of attached signs or monument signs shall be referred to as other signs. The effective area of other signs shall be calculated by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign exclusive of its supports. Effective area shall also be referred to as size. Facade - means any separate face of a building, including parapet walls and omitted wall line, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within forty-five degrees of one another, they are to be considered as a part of a single facade. Premises - means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination is under single ownership and is reflected in the plat records of the city. Premises, Dwelling means a lot zoned SF, TH or 2F that is occupied by a residential housing structure. AMENDING SIGN REGULATIONS Page 2 Public Right-of-Way - means a dedicated road or street including the easement for that road or street. Sign - means any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, or poster visible from outside the premise on which it is located and designed to inform or attract the attention of persons not on that premise. Sign, Attached - means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space. Sign, Banner - means a sign which is not permanently affixed. Sign, Detached - means any sign connected to the ground which is not an attached sign, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation. 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 2) Sign, Movement Control - means a sign which directs vehicular or pedestrian movement within or onto the premise on which the movement control sign is located. 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 premise on which the sign is located. Sign, Pole - means any detached sign which is not a monument sign. Sign, Political - means any type of sign which refers only to the issues or candidates involved in a political election. Sign, Portable - means a sign designed or constructed or used to facilitate the placing or moving of the sign from one location to another and is not permanently affixed to the real property. Sign, Premise - means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premise as the business, person, or activity. 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." AMENDING SIGN REGULATIONS Page 3 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 (1) inch in height, nor is internally or decoratively illuminated. 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. Zoning District, Business - means any zoning district designated by the Zoning Ordinance of the City of Coppell as O, R, C, TC, LI and HI. Any PD District with the previous listed zoning prefix is also include in this list, unless specifically excluded by its provisions. Zoning District, Non-business - means any zoning district not designated as a business district in accordance with the above definition. Sign, Subdivision - means a sign that identifies the name of the subdivision only. Model Home - means a single family dwelling structure that is open for inspection by the general public and is not used as a dwelling." SECTION 2. Amending Section 10-5-2 of Article 10-5 of Chapter 10 of the Code of Ordinances. Section 10-5-2 of Article 10-5 of Chapter 10 of the Code of Ordinance of the City of Coppell is hereby amended to read as follows: "Section 10-5-2 DETACHED (MONUMENT) SIGNS. Detached (monument) signs are permitted in business districts as follows: A. Shopping Centers with multiple tenants located of a premises of one acre or more in size are permitted to erect a maximum of two (2) monument signs with the following stipulations. AMENDING SIGN REGULATIONS - Page 4 Maximum size 110 square feet Maximum height 12 feet Setbacks - 15 feet from street right- of-way - 75 feet from property lines other than those property lines fronting the street right-of-way. - 500 feet from other monument signs on the property. B. Shopping centers with multiple tenants located on a premises of less than one acre in size are permitted to erect a maximum of two (2) monument signs with the following stipulations: Maximum size - 110 square feet Maximum height - 12 feet Setbacks - 15 feet from street right- of-way - 75 feet from property lines other than those property lines fronting the street right-of-way. - 500 feet from other monument signs on the property. C. Businesses located on individually platted land including individual pad sites within a shopping center are permitted to erect one monument sign with the following stipulations: Maximum size - 75 square feet Maximum height- 12 feet Setbacks - 15 feet from street right-of -way - 75 feet from property lines other than those property lines fronting the street right-of-way. D. Gasoline service stations shall mount price per gallon signs on monument AMENDING SIGN REGULATIONS - Page 5 signs only. Monument signs that contain the price per gallon of gasoline sold by that business are permitted to erect monument signs with the following stipulations: Maximum size - 75 square feet Maximum height - 12 feet Setbacks - 15 feet from street right-of-way - 75 feet from property lines other than those property lines fronting the street right-of-way." SECTION 3. Amending Section 10-6-2 of Article 10-6 of Chapter 10 of the Code of Ordinances. Section 10-6-2 of Article 10-6 of Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended to read as follows: "Section 10-6-2 DETACHED MONUMENT SIGNS A. Churches, model homes, apartments, town homes, schools or government facilities or buildings may have detached monument signs subject to the following restrictions: 1. Number of signs: Each premise may have no more than one (1) detached monument sign provided, however, that a premise with more than seven hundred fifty (750) feet of frontage along a public way, other than an alley, may not have more than one (1) additional detached monument sign for each seven hundred fifty (750) feet of additional frontage. Signs must be a minimum of seven hundred fifty (750) feet apart. 2. Setback and effective area: A minimum setback of fifteen (15) feet from the City right-of-way is required of all detached monument signs. No detached monument sign shall exceed thirty-six (36) square feet. AMENDING SIGN REGULATIONS - Page 6 a. The minimum setback for a model home sign shall be 3 feet from the sidewalk." SECTION 4. Amending Section 10-8-6 of Article 10-8 of Chapter 10 of the Code of Ordinances. Section 10-8-6 of Article 10-8 of Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended as follows: "Section 10-8-6 TEMPORARY OFF-PREMISE SIGNS. Builders, developers and real estate agents are granted permission to erect temporary off-premise signs as outlined below: A. Builders and developers may erect temporary off-premise signs which refer to a subdivision only. A subdivision shall be defined as a tract of land platted by the City of Coppell 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 individual or group of builders or developers and shall be erected only between the hours of 12:00 noon Friday and 12:00 noon Monday. Such signs shall not exceed six (6) square feet in effective area and may be placed in the City right-of-way provided that they do not project out over the street or sidewalk. No sign shall be allowed to be placed within any street median. No more than ten (10) such signs per subdivision may be placed within the City and shall refer only to subdivisions that are located within the City of Coppell. No permit or permit fee is required. B. Real estate agents may erect temporary off-premise signs which refer to open houses. Such signs shall be erected only between the hours of 12:00 noon Friday and 12:00 noon Monday and shall contain the AMENDING SIGN REGULATIONS - Page 7 words "Open House". Signs shall not exceed six (6) square feet in effective area and may be placed within the City right-of-way provided that they do not project out over a street or sidewalk. No sign will be allowed within any street median. Signs are to refer only to real property that is located within the City of Coppell. No permit or permit fee is required. C. If any change is made to section 10- 8-6, 1 or 2, the Building Official shall notify the real estate companies that have current listings in the City of Coppell and the Metrocrest Homebuilders Association. D. Homeowners 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 noon Friday and noon Monday. Signs shall not exceed six (6) square feet in effective area and maybe placed within the city right- of-way, provided that they do not project out over a street or sidewalk. No sign will be allowed within any street median or attached to any tree or to any public utility pole. No permit or permit fee is required. E. 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 7 days. No more than 30 such signs shall be placed within the city which refer to the activity or function. Signs shall not exceed six (6) square feet in effective area and may be placed within the city right- of-way, provided that they do not project out over a street or sidewalk. No sign will be allowed AMENDING SIGN REGULATIONS - Page 8 within any street median. No permit or permit fee is required." SECTION 4. SAVINGS CLAUSE. Chapter 10, as amended, of the Code of Ordinances of the City of Coppell shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. REPEALING CLAUSE. All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. SEVERABILITY CLAUSE. If any article, paragraph, or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, 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 invalid or unconstitutional. SECTION 7. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that term is defined by Section 2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. AMENDING SIGN REGULATIONS - Page 9 DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas this the 10th day of October, 1989 APPROVED; MARK WOLFE, MAYOR ATTEST: COROTHY TIMMONS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY AMENDING SIGN REGULATIONS - Page 10