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OR 89-434 Amending Sign Regulations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 89434 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 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 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 Language, 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. 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. Model Home - means a single family dwelling structure that is open for inspection by the general public and is not used as a dwelling. 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, 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." Sign Subdivision - means a sign that identifies the name of the subdivision only. 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." SECTION 2. Amending Section 10-4-3 of Article 10-4 of Chapter 10 of the Code of Ordinances. Section 10-4-3 of Article 10-4 of Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended by adding the following sub paragraph "L" as follows: "L. Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way." SECTION 3. Amending Section 10-9-1 of Article 10-9 of Chapter 10 of the Code of Ordinances. Section 10-9-1 of Article 10-9 of Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended to read as follows: "ARTICLE 10 - 9 VARIANCES Section 10-9-1 PROCEDURE FOR VARIANCE. The City Council may allow signs to vary from the size, location or construction requirements of this ordinance. AMENDING SIGN REGULATIONS - Page 4 An administrative fee of one hundred dollars ($100.00) shall be charged to all applicants requesting a variance from this ordinance. Non profit organizations shall be exempt from the one hundred dollar ($100.00) administrative fee when requesting a variance. Any sign constructed or which may be hereafter constructed, pursuant to any variance heretofore authorized, shall be considered a sign conforming to the provisions of this ordinance." 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 AND AMENDING THE PENALTY CLAUSE OF ORDINANCE NO. 88-405. All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed and the penalty clause of ordinance 88-405 is hereby amended to read the same as the penalty clause of this ordinance to provide 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. 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 AMENDING SIGN REGULATIONS - Page 5 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. DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas this the 28th day of February , 1989. APPROVED: LOU DUGGAN, MAYOR ATTEST: DOROTHY TIMMONS APPROVED AS TO FORM: CITY ATTORNEY AMENDING SIGN REGULATIONS - Page 6