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OR 88-405 Adopting a new sign code AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 88405 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL IN ITS ENTIRETY BY ADOPTING A NEW SIGN CODE FOR THE CITY REGULATING IN ALL RESPECTS THE ERECTION AND MAINTENANCE OF SIGNS WITHIN THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED 'iHE SUM OF ONE THOUSAND DOLLARS ($1,000.00} FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS. SECTION 1. AMENDING CHAPTER 10 TO ADOPT NEW SIGN CODE Chapter 10 of the Code of Ordinances of the City of Coppell is hereby amended in its entirety by adopting the following which shall be known as the Coppell Sign Code and which shah become the new Chapter 10 of the Code of Ordinances of the City. The new Chapter 10 shall read as follows: TABLE OF CONTENTS 1. Scope and Enforcement Page 1 2. Definitions Page 3 3. Permit Procedures and Fees Page 6 4. Provisions for All Zoning Districts Page 8 5. Provisions for Business Zoning Districts Page 12 6. Provisions for Non-Business Zoning Districts Page 16 7. Non-Conforming Signs Page 18 8. EXceptions to Ordinance Page 20 9. Variances Page 24 CHAPTER 10 SIGN CODE ARTICLE 10 - 1 SCOPE AND ENFORCEMENT Section 10-1-1 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 chapter provides standards for the erection and maintenance of private signs. All private signs not exempted shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following: A. Safety: To promote the safety of persons and property by providing that signs: 1. DO not create a hazard due to collapse, fire, collision, decay or abandonment; 2. DO not obstruct fire fighting or police surveillance; and 3. 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. B. Communications Efficiency: To promote the efficient transfer of information in sign messages by providing that: 1. Those signs which provide messages and information most needed and sought by the public are given priorities. 2. Businesses and services may identify themselves. 1 3. Customers and other persons may locate a business or service. 4. No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes. 5. 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 aid messages, according to the observer's purpose. C. Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: 1. Do not interfere with scenic views; 2. Do not create a nuisance to persons using the public right-of-way; 3. Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and 4. Are not detrimental to land or property values. 2 ARTICLE 10 - 2 DEFINITIONS The following words and phrases shall have meanings respectively ascribed to them by this Article: 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 exclusive of its supports. The measurement is to be calculated from a viewpoint which gives the largest rectangle of that kind. The effective area for attached signs shall mean 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, 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. 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, 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. 5 ARTICLE 10 - 3 PERMIT PROCEDURES AND FEES Section 10-3-1 ADMINISTRATION. The provisions of this code shall be administered by the Building Official or his authorized representative. Section 10-3-2 PERMITS. NO sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this article until a permit for such has been issued and the fee paid, except as otherwise provided in this article. Section 10-3-3 APPLICATIONS. All applications for permits shall include a drawing to scale of the proposed sign and all existing signs maintained on the premise and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications. Section 10-3-4 FEES. Every applicant, before being granted a permit, otherwise noted as permitting, shall pay to the City of Coppell the applicable fee herein defined. A. Fees for a permit to erect, alter, replace or relocate a sign shall be One Hundred Dollars ($100.00) for each sign unless otherwise stated in this ordinance. B. It shall be unlawful for any person to repair or make alterations, excluding repainting or changing the message, to any sign requiring a permit without first obtaining a repair permit and making payment of the fee required. Fees for a permit to repair shall be Fifty Dollars ($50.00). C. When a sign is erected, placed or maintained, or work started thereon before obtaining a sign permit, there shall be a late fee equal to twice the amount of the sign permit fee. The late fee does not excuse full compliance with the provisions of this article. 6 D. A permit for a sign, shall expire if the work is not commenced within forty-five (45) days from the date of such permit, or if work authorized by such permit is suspended or abandoned at any time after work is commenced for a period of forty-five (45) days. Section 10-3-5 ELECTRICAL PERMIT. Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. The electrical inspector shall examine the plans and specifications submitted with the application to ensure compliance with the Electrical Code of the City. No sign shall be erected in violation of the Electrical Code. ARTICLE 10 - 4 PROVISIONS FOR ALL ZONING DISTRICTS Section 10-4-1 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. Section 10-4-2 EXEMPTIONS. The following signs are specifically exempt from the provisions of this code. A. Movement Control Signs. Movement control signs may be erected at any occupancy or any premise, other than single family or duplex premises, may be attached or detached, and may be erected without limits as to number; provided that such signs shall comply with all other applicable requirements of this ordinance. Movement control signs shall be premise signs only and shall not be construed as any sign listed in Section 10-8-5 or Section 10-8-6. The occupant of a premise who erects a movement control sign shall comply with the following requirements: 1. Each sign must not exceed three (3) square feet in effective area. 2. If a sign is an attached sign, the words must not exceed six (6) inches in height. 3. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premise on which the sign is located. 4. The signs must contain no advertising or identification message. B. Protective Signs. The occupant of a premise may erect not more than two (2) protective signs, in accordance with the following provisions: 1. Each sign must not exceed two (2) square feet in effective area. 8 2. Detached signs must not exceed two (2) feet in height. 3. Letters must not exceed four 4) inches in height. C. Vehicular Signs. Vehicular signs shall conform to the following restrictions: 1. Vehicular signs shall contain no' flashing or moving elements. 2. Vehicular signs shall not project beyond the surface of a vehicle. 3. Vehicular signs shall not be attached to a vehicle so that the driver's vision is obstructed from any angle. D. Government Signs. Flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies. Section 10-4-3 PROHIBITED SIGNS. The following types of signs are specifically prohibited. A. Portable Signs. B. Balloons, streamers, bunting, banners, flags (except flags allowed under section 10-4-4 of this code) or signs that contain moving parts unless otherwise specifically allowed by this code. C. Signs erected in violation of the building or electrical code of the city. D. Signs attached to or maintained upon any tree or public utility pole or structure. E. Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building. F. Signs attached to or painted on any sidewalk, curb, gutter or street (except house address numbers). 9 G. Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. H. Signs that move, flash, light intermittently, change color or revolve unless specifically allowed by this ordinance. I. Pole signs and flag poles unless otherwise specifically allowed by this ordinance. J. Off premise signs. (except for those signs allowed under section 10-8-5 and section 10- 8-6 of this code) K. Signs erected in the public right-of-way. (except for those signs allowed under section 10-8-5 and section 10-8-6 of this code) Section 10-4-4 FLAGS. All flags shall conform to the following requirements: A. Nothing in this ordinance shall be construed to prevent the display of a National, State or City flag. B. Businesses may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the City of Coppell. Section 10-4-5 OBSCENITY. No person shall display on any sign any obscene, indecent or immoral matter. Any sign which does contain any obscene, indecent or immoral matter must be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. The owner of the property on which the sign is located shall be responsible for compliance of this section. Section 10-4-6 OBSOLETE SIGNS. All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which 10 the sign is located shall be responsible to remove the sign within thirty days of obsolescence. Section 10-4-7 MAINTENANCE OF SIGNS. All signs shall be maintained in good condition. Signs which are damaged in any way, rusty, or have peeling paint do not meet minimum maintenance criteria. Signs that do not meet minimum maintenance criteria shall be brought into compliance no later than the tenth (10th) day after notice of such violation or the sign must be removed. The owner of the property on which the sign is located shall be responsible for compliance of this section. 11 ARTICLE 10 - 5 PROVISIONS FOR BUSINESS ZONING DISTRICTS Section 10-5-1 Signs which are located within twenty-five (25) feet of a non-business district boundary shall conform to the requirements of non-business zoning district signs found in Article 10-6. 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. Maximum size -75 square feet Maximum height - 8 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 - 50 square feet Maximum height 6 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: 12 Maximum size - 36 square feet Maximum height - 6 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 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 - 50 square feet Maximum height - 6 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 10-5-3 ATTACHED SIGNS. Attached signs are permitted in business areas in accordance with the following provisions: A. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18) inches from that surface. B. Effective area: Attached signs shall not exceed the following schedules: 1. An attached sign located at a height of thirty-six (36) feet or less, the sign area is limited to one (1) square foot of sign area of each lineal foot of building frontage not to exceed three hundred (300) square feet. 2. An attached sign located above a height of thirty-six (36) feet shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one (1) foot of height above thirty-six (36) feet measured from the base of the sign. Signs may be increased to a maximum size of four hundred (400) square feet. 13 3. Attached signs may be located on each facade; however, the sum of the effective area of all attached signs shall not exceed twice the allowable effective area as specified in above paragraphs (1) and (2). The maximum sum of effective area for signs is as follows: a. The maximum sum of effective area for signs located thirty-six (36) feet or less in height shall be three-hundred (300) square feet. b. The maximum sum of effective area of signs located at a height above thirty-six (36) feet shall be four- hundred (400) square feet. C. Canopies. Signs shall not be attached to canopies e.g. gasoline service station canopies. Section 10-5-4 TEMPORARY BANNER SIGNS. Banner signs shall be erected as outlined below. Such 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. A. During the initial year of operation, a business shall be permitted to erect one (1) temporary banner sign a maximum of four (4) times. Such signs shall be erected a maximum of fourteen (14) days for each permit. A new permit, for such a sign, shall not be issued within thirty (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 permit fee for a temporary banner sign shall be fifteen dollars ($15.00). The effective area for such signs shall not exceed forty (40) square feet. 14 B. A business that has been in operation for a period of one (1) year or more shall be permitted to erect one (1) temporary banner sign at an occupancy two (2) times per calendar year. Such signs shall be erected a maximum of fourteen (14) days for each permit. A new permit, for such a sign, shall not be issued within thirty (30) days of the date that any temporary banner sign was erected at the occupancy. The permit fee for a temporary banner sign shall be fifteen dollars ($15.00). The effective area for such signs shall not exceed forty (40) square feet. 1. Non-profit organizations shall be permitted to display temporary banner signs as outlined above. A sign permit is required; however, no permit fee will be assessed. C. New multi-family developments shall be allowed to display one (1) banner sign as provided in this paragraph. Signs shall refer to leasing information only and shall be removed within six (6) months of the date the permit was issued. Signs shall not exceed one hundred fifty (150) square feet in effective area. 15 ARTICLE 10 - 6 PROVISIONS FOR NON-BUSINESS ZONING DISTRICTS Section 10-6-1 The provisions of this article apply to all signs in any non-business zoning district, and also to signs which are within twenty-five (25) feet of a non-business zoning district boundary. A. No sign shall be illuminated in such a manner so as to produce intense glare or direct illumination across any property line. B. Owners of property in a non-business zoning district shall only erect signs listed in the following sections of this article. 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. Section 10-6-3 ATTACHED SIGNS A. Churches, model homes, apartments, town homes, schools, or government facilities or buildings may have one (1) attached sign subject to the following restrictions: 16 1. Location: All signs and their words shall be mounted to and parallel to the building surface to which they are attached. No sign or work shall project more than eighteen (18) inches from the surface to which it is attached. Signs shall not be mounted on or to the roof surface and support members and shall not project above roofs. 2. Effective area: Attached signs may not exceed thirty-six (36) square feet in effective area. 17 ARTICLE 10 - 7 NON-CONFORMING SIGNS Section 10-7-1 PURPOSE OF ARTICLE. It is the declared purpose of this article that in time all privately owned signs shall either conform to the provisions of this ordinance 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 of Coppell. Any sign which does not conform to all provisions of this ordinance shall be a non- conforming sign if it legally existed as a conforming or non-conforming sign under prior ordinances, or an illegal sign, if it did not exist as conforming or non-conforming sign, as the case may be. It is further the intent and declared 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 offenses, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed. Section 10-7-2 IMPOUNDMENT A. All of the following signs shall be construed a public nuisance and the City may, without notice, remove and impound any of the following signs: 1. Any sign erected or existing that constitutes a traffic hazard. 2. Any sign erected without a permit, either prior to or after the adoption of this ordinance, if a permit was required. 3. Any sign erected in violation of the provisions of this ordinance. 18 4. Any sign erected in or over a public right-of-way either prior to or after the adoption of this code, except those signs allowed under Section 10-8-5 and Section 10-8-6 of this code. Section 10-7-3 REMOVAL OF CERTAIN NON-CONFORMING SIGNS. Non- conforming signs which have been blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign shall be removed or brought into compliance with this ordinance if the cost of repairing the sign is more than 60 percent (60%) of the cost of erecting a new sign of the same type at the same location. Section 10-7-4 IMPOUNDED SIGNS - RECOVERY/DISPOSAL A. Impounded signs may be recovered by the owner within ten (10) days of the date of impoundment. Signs that are not recovered within ten (10) days of impoundment will be destroyed. Impoundment fees are as follows: 1. A fee of Five Dollars ($5.00) for signs which are twelve (12) square feet or less in area. 2. A fee of Fifteen Dollars ($15.00) for signs which are larger than twelve (12) square feet in area. 19 ARTICLE 10 8 EXCEPTIONS TO ORDINANCE Section 10-S-1 The following signs shall be erected and maintained under the conditions and exceptions listed in the following sections. section 10-S-2 REAL OR PERSONAL PROPERTY SALE AND POLITICAL SIGNS A. Residential. Permission is granted to owners or occupants for the erection of non- illuminated real or personal property sale signs to be erected in the required front yard of platted property zoned SF, 2F or TH until the ownership has been transferred. Lots that abut streets where sidewalks exist shall locate the signs no closer than fifteen (15) feet to any street curb line. Lots shall be limited to three (3) such real or personal property signs not exceeding six (6) square feet each may be erected on the premises. No permit or permit fee is required. B. Business. Permission is granted to owners or oocupants of business zoned property for the erection of non-illuminated real estate sale signs until the ownership has been transferred. Such signs shall not exceed six (6) square feet and shall be located no closer than fifteen (15) feet from any property line. No more than one (1) sign shall be located for every 2 acres in a tract cf land or portion thereof. No permit or permit fee is required. C. Political signs. Political signs shall conform to the following requirements. I. Political signs may be erected at dwelling premises with no limitation as to their number. Lots that abut streets where sidewalks exist shall locate signs between the sidewalk and the structure. Lots that abut streets where sidewalks do not exist shall locate the signs no closer than fifteen (15) feet to any street curb line. Signs must be removed 20 within ten (10) days of the completion of the election. Political signs that are located on a dwelling premise shall not exceed six (6) square feet in effective area per side. No permit or permit fee is required for these signs. 2. Political signs that are located on property other than a dwelling premise must be permitted. A permit fee of one- hundred ($100.00) dollars must be paid for each sign. Each sign must conform to the following requirements: Maximum size - 36 square feet Maximum height - 10 feet Setbacks 15 feet from all property lines Section 10-8-3 REAL ESTATE SIGNS - TEMPORARY A. Highway Frontage. Temporary signs advertising the sale of the land upon which the sign is located may be erected on tracts of land fronting State Highway 121 and Interstate 635, provided that the area of the property is a minimum size of two (2) acres. Such signs shall not exceed two hundred (200) square ieet in effective area and shall be limited to one sign per tract. Permits allowing such signs shall be limited to a period of one year from the date that the permit is issued. Signs allowed under this subsection shall be deemed a privilege of ownership and the right to erect any such signs shall be in the owner rather than any particular sales agent. Authorization by the owner to an agent, to erect such a sign, shall be dated and signed by the owner. Signs erected under the provisions of this ~aragraph shall be located a minimum of fifteen feet from all property lines. B. Permission is granted to property owners, except for the property zoned SF, TH, or 2F, for the erection of signs to advertise the sale, lease, or rent of the property on which the sign is located. Signs must be spaced a minimum of fifty (50) feet apart along a 10t frontage and there shall be no more than four ( 4 ) signs per lot. Such signs shall not 21 exceed thirty-six (36) square feet in effective area. Permits allowing such signs shall be limited to a period of one year from the date that the permit is issued. Signs allowed under this subsection shall be deemed a privilege of ownership and the right to erect any such sign shall be in the owner rather than any particular sales agent. Authorization by the owner, to an agent to erect such signs, shall be dated and signed by the owner. Signs erected under the provisions of this paragraph shall be located a minimum of fifteen (15) feet from all property lines. Section 10-8-4 TEMPORARY CONSTRUCTION SIGNS. Permission is granted to builders and developers to erect one (1) temporary construction sign, except on property zoned SF, TH or 2F, designed to identify contractors, financier, architects, engineers, or to advertise the coming of a new business on the premise the sign is located. Such signs shall not be erected prior to the issuance of a building or utility construction permit for the property the sign pertains to. The sign must be removed prior to the issuance of a Certificate of Occupancy or letter of acceptance of the utility construction work from the city. Such signs shall conform to the following provisions: Maximum size - 100 square feet Maximum height - 15 feet Setbacks - 15 feet from the street right-of-way Section 10-8-5 SUBDIVISION SIGNS. Permission is granted to developers and home owners associations to erect subdivision signs. Subdivision signs must either be detached monument signs or attached signs placed on a screening or a decorative wall at the entry to the subdivision. Subdivision signs must be approved by the Building Official. The effective area of subdivision signs shall be limited to thirty-six (36) square feet. The effective area of subdivision signs shall be calculated by drawing the largest possible rectangle around the entire message of words including artistic designs and logos. Subdivision signs that are placed in the median are exempt from Section 10-4-3 K. 22 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: 1. 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. 2. 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 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. 3. If any change is made to section 10-8-6, the Building Official shall notify the real estate companies that have current listings in the City of Coppell and the Metrocrest Homebuilders Association. 23 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. An administrative fee of one ~undred dollars ($100.00) shall be charged to al~ applicants requesting a variance from this ordinance. Any siqn 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. 24 SECTION Z. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. 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 4. 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 One Thousand Dollars ($1,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the 26th day of April, 1988 APPROVED: Lou Duggan, Mayor ATTEST: Dorothy Timmons, City Secretary APPROVED AS TO FORM CITY ATTORNEY · APPROVED AS TO FORM: