Legal opin re CJ monu. signage NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law ROBERT L DILLARD, JR.
Robert E. Hager 1800 Lincoln Plaza lq. [ouls NICHOLS
LAWRENCE W. JACKSON
E-mail: rhager~njdhs.com 500 North Akard OFCOUNSEL
Dallas, Texas 75201
E-mail NJDHS@NJDHS.com
OCT - 4 2000
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATIONS
October 3, 2000
Mr. Gary L. Sieb, A.I.C.P.
Director of Planning & Community Services
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Sign Regulations applicable to CJ's Clubhouse Grill, 104 SoUth Denton
Tap, Coppell, Texas
Dear Mr. Sieb:
You have asked us to opine whether or not the recently destroyed sign at CJ's
Clubhouse can be reconstructed in accordance with the zoning regulations of the City of
Coppell.
In rendering this opinion we have consulted the building sign permit application
and specific zoning request applicable to 104 South Denton Tap, Coppell, Texas. It
appears from the records in this case that a sign has been constructed on the northwest
comer of the building site which constitutes the currently operated business of CJ's
Clubhouse. It appears from the records that a backlit detached sign was constructed and
permitted by sign permit application. Further it appears that by letter dated on or about
November 6, 1995, Mr. Buell at CJ's Clubhouse was informed that the proposed
detached monument sign located on .the premises contained an advertisement for
Minyards. As a result of that inclusion of the Minyards advertisement that sign was in
violation of the prior sign ordinance under Section i0-4-3-J which is now incorporated
under Ordinance number 91500-A-29, Section 29-3(2)(3)(I).
In addition, the sign that was located on the CJ's building site was, according to
the permit file, seventy-five (75) square feet. Under the current sign ordinance, being
Ordinance number 91500A-129, Section 29-4(2), monument signs are permitted in the
zoning district and must be:
Mr. Gary Sieb
October 3, 2000
Page 2
"(A) Monument signs must be built on a monument base, as opposed to
a pole base, with no separation between the base of the sign and
natural grade. A monument sign shall contain only the name, logo,
address, product or service of the establishment; and in the case of
gasoline service stations only, the price per gallon of gasoline; and
in the case of governmental and religious organizations only,
information concerning forthcoming public events. No other
advertising or promotional information is permitted thereon. Such
sign may be single or double-faced. Can signs made of plastic or
similar materials are not permitted as detached (monument)
signs. Backlit plastic is not permitted within detached
(monument) signs."
Furthermore, due to the size of the building site being less than two (2) acres, the
maximum sign would be sixty (60) square feet, minimum height six (6) feet, minimum
setback of fifteen (15) feet from street right-of-way and seventy-five (75) feet from
property lines. Thus, the sign as it was erected prior to its destruction was at best a
nonconforming sign. The sign, in as much as it contained an advertisement for Minyards,
would have been an off premise sign which was illegal at the time of its erection on the
location. That same provision prohibiting off-site advertisements was retained and is in
the current sign ordinance.
As a result, CJ's had a nonconforming sign located at the northwest comer of the
premises, which is located on the southeast corner of Denton Tap and Sandy Lake Road.
As a result of the nonconformity, those provisions under Section 29.6 of the
Comprehensive Zoning Act of the City apply concerning the nonconformity of a sign.
Section 29-6 of said ordinance states:
"2. Removal of Certain Non-Contbmfing Signs: Nonconforming
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 Section if the cost
of repairing the sign is more than sixty (60) percent of the cost of
erecting a new sign of the same type at the same location. No
person may repair a nonconforming sign where the effect of such
repair shall be to enlarge or increase the structure of the
nonconforming sign."
36365
Mr. Gary Sieb
October 3, 2000
Page 3
If the cost of repair is greater than sixty (60) percent of the cost of erecting a new
sign, CJ's must replace the sign according to the current sign ordinance, which would
require the following:
1. it be a monument sign;
2. that it may not be backlit; and,
3. may not contain advertisement or promotional information of off-site
premise entities.
Hence, subject to the above restriction, a sixty (60) square foot sign could be rebuilt.
However, without having a detailed site plan to determine the setback and street right-of-
way issues, we reserve the right to further restrict the building of the sign at its current
location subject to any appropriate right-of-way and setback requirements.
Thank you for your attention to this matter. If you have any questions please
contact us at your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
By: ~
REH/cdb
Enclosures
cc: Greg Jones
Jim Witt
36365