CITY OF THE COLONY, TEXAS

ORDINANCE NO. 2012-1950

SIGN ORDINANCE REVISIONS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE

COLONY, TEXAS, APPROVING AN ORDINANCE REVISING THE

CODE OF ORDINANCES, ARTICLE XI OF CHAPTER 6, ENTITLED

“SIGNS,” BY AMENDING SECTION 6-254 ENTITLED

“ENFORCEMENT AUTHORITY,” BY REVISING SUBSECTIONS (A)

AND (B) AND ADDING A NEW SUBSECTION (C), BY AUTHORIZING

THE ISSUANCE OF CITATIONS OR ORDER THE REPAIR OR

REMOVAL OF DILAPIDATED, ILLEGAL, UNSAFE, UNLIT, OR

PROHIBITED SIGNS, PROVIDING FOR NOTICE TO THE PROPERTY

OWNER, TENANT, AGENT, OR PERSON HAVING BENEFICIAL USE

OF THE SIGN, PROVIDING THAT THE NOTICE INDICATE THE

PERIOD OF TIME FOR COMPLIANCE NOT TO EXCEED TEN (10)

DAYS; AMENDING AND RENAMING SUBSECTION 6-255(A), AS

“REMOVAL/IMPOUNDMENT OF PROHIBITED AND ABANDONED

SIGNS,” AND PROVIDING REGULATIONS FOR REMOVAL AND

IMPOUNDMENT OF PROHIBITED AND ABANDONED SIGNS;

AMENDING SECTION 6-261 ENTITLED “SPECIFIC SIGN CRITERIA –

TEMPORARY SIGNS,” BY AMENDING SUBSECTION (A) ENTITLED

“BANNER ADVERTISING A COMMERCIAL USE,” BY REPEALING

SUBSECTION (D) ENTITLED “GARAGE SALE SIGN” AND

REPLACING IT WITH A NEW SUBSECTION (D)(1) ENTITLED “SIGNS,

INDIVIDUAL GARAGE SALE,” (D)(2) ENTITLED “SIGNS,

COMMUNITY GARAGE SALES (SUBDIVISIONS AND HOAS)”, AND

(D)(3) ENTITLED “SIGNS, GROUP GARAGE SALE (NOT-FOR-PROFIT

GROUPS),” AND BY ADDING SUBSECTION (J) ENTITLED “FEATHER

SIGNS”; AMENDING SECTION 6-262, ENTITLED “SPECIFIC SIGN

CRITERIA – PERMANENT SIGNS”, BY REPLACING SUBSECTION (B)

ENTITLED “LIGHTPOST BANNER” WITH A NEW SUBSECTION (B)(1)

ENTITLED “LIGHTPOST BANNERS (PRIVATELY OWNED

LIGHTPOSTS),” ADDING A NEW SUBSECTION (B)(2) “LIGHTPOST

BANNERS (PUBLICLY OR UTILITY OWNED LIGHTPOSTS),” BY

ESTABLISHING REGULATIONS FOR BANNERS TO BE PLACED ON

LIGHTPOSTS, AND BY ADDING A NEW SUBSECTION (J), ENTITLED

“FLAGS AND FLAGPOLES,” BY ESTABLISHING REGULATIONS FOR

FLAGS AND FLAGPOLES; AMENDING SECTION 6-263, ENTITLED

“DEFINITIONS,” BY ADDING A NEW DEFINITION FOR

“ABANDONED SIGN,” “COMMUNITY GARAGE SALE,” “FEATHER

SIGN,” “FLAGPOLE,” “GROUP GARAGE SALE,” AND “INDIVIDUAL

GARAGE SALE,” AMENDING THE DEFINITION OF “WIND

DEVICES,” AND REPEALING THE DEFINITION OF “OCCASIONAL

SALES,” PROVIDING A SEVERABILITY CLAUSE; PROVIDING A

REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND

PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the regulation of the location, size, placement, and certain features of signs

is necessary to enable the public to locate goods, services and facilities in the corporate limits of

the City of The Colony, Texas, to encourage the general attractiveness of the community and to

protect property values therein; and

WHEREAS, the City Council of the City of The Colony, Texas, intends to establish

updated regulations governing the display, removal and/or impoundment of signs by providing

that signs promote and protect the public health, safety, comfort, morals and convenience, do not

obstruct firefighting or police activity, and improve pedestrian and traffic safety; and

WHEREAS, the City Council of the City of The Colony, Texas, desires, by establishing

updated regulations applicable to signage, to enhance the economy and the business and industry

of the City of The Colony, Texas, by promoting the reasonable, orderly and effective display of

signs and thereby encourage increased communication with the public, so that businesses and

services may identify themselves, customers and other persons may locate a business or service,

and by providing regulations to ensure that signs are compatible with their surroundings and are

appropriate to the type of activity to which they pertain; and

WHEREAS, the City Council of the City of The Colony, Texas, has discussed and

considered such revisions and has determined that it is in the best interest of the City to amend

the current Chapter 6, Article XI concerning the regulation of signs within the City and

extraterritorial jurisdiction of the City in accordance with State law.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF THE COLONY, TEXAS:

SECTION 1. The findings set forth above are incorporated into the body of this

Ordinance as if fully set forth herein.

SECTION 2. That Chapter 6, Article XI, Entitled “Signs,” of the Code of Ordinances of

the City of The Colony, Texas, is hereby amended by amending Section 6-254, entitled

“Enforcement Authority,” to read as follows:

“(a) The Chief Building Official or his designee is hereby authorized to issue a citation and/or

to order the repair or removal of any dilapidated, illegal, unsafe, unlit or prohibited sign

from property within the corporate City limits and the extraterritorial jurisdiction (ETJ) of

The Colony, in accordance with the enforcement mechanisms set forth in this article.

(b) If the property owner or tenant, agent or person having beneficial use of the sign refuses

to comply with this Article, the City shall give written notice to the property owner

and/or the person having beneficial use of the sign. The notice shall be delivered in

person or by mail to the property owner or tenant, agent or person having beneficial use

of the sign. If delivery to property owner and/or the person having beneficial use of the

sign is not possible, a one-time notice shall be published in the City’s official newspaper.

section and include the period of time in which the Chief Building Official or his

designee deems appropriate for compliance or correction, but not to exceed ten (10) days.

If the sign is brought into compliance within the prescribed time period, no further action

will be taken by the City. If the sign is not brought into compliance within the prescribed

time period, a citation will be issued to the property owner and/or the person having

beneficial use of the sign. Any costs incurred by the City in the reconstruction or

removal of a sign found to be in violation shall be reimbursed by the property owner or

the person having beneficial use of the sign. Every day in violation constitutes a new

violation. If the property owner or the person having beneficial use of the sign fails to

reimburse the City for the costs associated with the removal of the sign or for the costs of

bringing the sign into compliance, a lien shall be filed against the property.”

SECTION 3. That Chapter 6, Article XI, Entitled “Signs,” of the Code of Ordinances

of the City of The Colony, Texas, is hereby amended by amending Subsection 6-255(a), entitled

“Removal/impoundment of a prohibited sign” to be renamed as “Removal/impoundment of

prohibited and abandoned signs,” and shall read as follows:

“(a) Removal/impoundment of prohibited and abandoned signs.

(1) Any prohibited sign or non-compliant sign within the corporate City limits and

the extraterritorial jurisdiction (ETJ) of The Colony shall be considered a public

nuisance and is prohibited by this Article. Upon identification of any prohibited

sign, the Chief Building Official or his/her designee shall provide written

notification of the violation to the property owner or tenant, agent or person

having beneficial use of the sign. The notification shall state that the offending

sign shall be removed by the owner, agent or person having beneficial use of the

sign within the time period deemed appropriate by the Chief Building Official or

his designee for compliance or correction, but not to exceed ten (10) days. The

notification shall further state that if the prohibited sign is not removed or brought

into compliance within the timeframe specified within the notification letter (not

to exceed ten (10) calendar days), a citation may be issued and the City may resort

to any civil remedy available, up to and including impoundment. If any sign is

determined to present an immediate danger to public health, safety or welfare, the

City shall remove the sign immediately upon receiving a written court order for

such removal. The Chief Building Official or his designee shall notify the

property owner or tenant, agent or person having beneficial use of the prohibited

sign, within ten (10) calendar days following the removal of the sign, the

reason(s) for the removal of the sign. Any sign authorized by a sign permit that

includes an expiration date shall be removed promptly upon the date of permit

expiration. Any sign remaining after the date of permit expiration shall be

deemed prohibited and be subject to immediate removal and impoundment by the

City. The sign permit that provides the expiration date shall be considered

adequate notice of violation and no other notice is required.

(i) It shall be unlawful for any removable sign that has been determined to be

abandoned by the Chief Building Official or his designee to remain in

place and shall be removed entirely within thirty (30) calendar days of the

advertising entity’s business closure.

(ii) It shall be unlawful for any monument or pylon sign that has been

determined to be either partially or completely abandoned by the Chief

Building Official or his designee to have the abandoned portion remain.

The abandoned portion of the monument or pylon sign shall be replaced

with a blank white fascia within thirty (30) calendar days of the

advertising entity’s business closure.”

(2) The City reserves the right to deny any new sign permits to any person, business

or entity found to repeatedly violate the provisions set forth in removal or

remediation requirements of this ordinance.”

SECTION 4. That Chapter 6, Article XI, Entitled “Signs,” of the Code of Ordinances of

the City of The Colony, Texas, is hereby amended by amending Section 6-261 entitled “Specific

Sign Criteria – Temporary Signs,” by amending subsection (a) entitled “Banner Advertising a

Commercial Use;” by repealing subsection (d) entitled “Garage Sale Sign” and replacing it with

a new subsection (d)(1) entitled “Signs, Individual Garage Sale,” (d)(2) entitled “Signs,

Community Garage Sales (Subdivisions and HOA’s)”, and (d)(3) entitled “Signs, Group Garage

Sale (Not-For-Profit Groups),” and by adding a new subsection (j) entitled “Feather Signs”,

which shall read as follows:

(a) Banner Advertising a Commercial Use

Location A banner shall be securely attached to the front, side or rear face of a

building

A banner sign may be located within the front or side landscaped area

of a lot, providing the banner is set back from the right-of-way a

minimum of 50 feet. In these cases, a scaled site plan drawing shall be

submitted to the Development Services Director who will ascertain

appropriate placement of the banner

Maximum Effective

Sign Area

48 square feet

Maximum Number 1 banner sign is allowed at any given time for any given business

Maximum Number

Occurrences/Year

3 banner permits are allowed per business per calendar year

Minimum Vertical

Sidewalk Clearance

7 feet in height when attached where pedestrians would walk beneath

the banner

Permit Required

Fee Yes

Timeframe Valid for 30 days

During the 30 day time period, the content of the banner may be

changed one time

No banner may be displayed concurrently with feather signs

Removal All banners must be removed on the day of the expiration of the permit

(d)1. Signs, Individual Garage Sale

Purpose To regulate the maximum number of signs that

may be legally placed within the City for a

garage sale hosted by one family

Location Any garage sale sign must be placed outside the

right-of-way and/or street medians and may

not be affixed to any signal, traffic, utility or

light pole

Maximum

Effective Sign Area

3 square feet of effective sign area per sign face

(may be double sided)

Maximum Height 3 feet

Maximum

Number of Signs

6 signs

Permit Required

Fee No

Timeframe: Friday 8:00 am to Monday 8:00 am*

*If applicant wishes to propose alternate three (3) consecutive days for the

sale, the alternate days shall be requested on the application.

(d)2. Signs , Community Garage Sales (Subdivisions and HOAs)

Purpose To regulate the maximum number of signs that may be legally placed

within the City for a garage sale hosted by a subdivision, HOA or any

similar group

Location Any garage sale sign must be placed outside the right-of-way and/or

street medians and may not be affixed to any public or utility owned

signal, traffic, utility or light pole

Maximum Effective

Sign Area

3 square feet of effective sign area per sign face (may be double sided)

Maximum Height 3 feet

Maximum Number of

Signs

12 signs

Permit Required

Fee No

Timeframe: Friday 8:00 am to Monday 8:00 am*

*If applicant wishes to propose alternate three (3) consecutive days for

the sale, the alternate days shall be requested on the application.

(d)3. Signs, Group Garage Sale (Not-for-Profit Groups)

Purpose To regulate the maximum number of signs that may be legally placed

within the City for a garage sale hosted by a not-for-profit group,

GARAGE SALE SIGN

(j) Feather Signs

Purpose To allow applicants an alternative method of

advertising special events and/or sales

Location Feather signs may be placed in the front yard of

any business within a landscaped and/or grassy

area

Feather signs shall be located on the same lot

as the applicant’s business and directly in front

of the business

In cases where a pad site, another parcel or

structure interferes with the usual placement

of feather signs directly in front of the business,

the Chief Building Official will determine the

appropriate placement and his decision

regarding placement will be final

Where a sidewalk exists, the placement of the feather signs shall be located

on the opposite side of the sidewalk from the right-of-way and set back a

minimum of 2 feet from the sidewalk

Where no sidewalk exists, the placement of the feather signs shall be set

back a minimum of 10 feet from the back-of-curb

generally on a public, commercial site

Location of Signs Any group garage sale sign and/or banner must be placed outside the

right-of-way and/or street medians and may not be affixed to any

signal, traffic, utility or light pole

Signs for Group

Garage Sale

Maximum Effective Sign

Area

3 square feet of effective sign area per

sign face (may be double sided)

Maximum Height 3 feet

Maximum Number of Signs 12 signs

Permit for Signs Required

Fee Free for regular signs

Timeframe Friday 8:00 am to Monday 8:00 am*

*If applicant wishes to propose

alternate three (3) consecutive days for

the sale, the alternate days shall be

requested on the application.

Banners for Group

Garage Sales

Maximum Number of

Banners

Group garage sales may display one (1)

banner advertising the sale

Permit for Banner Required

Fee Per the Development Services Fee

Schedule

Timeframe May be displayed up to 5 working days

prior to the sale in addition to during the

sale

FEATHER SIGNS

No feather signs shall be placed in the right-of-way or medians

No feather sign shall encroach over or onto any public right-of-way or

visibility triangle

Maximum Height 15 feet

Maximum

Effective Sign Area

30 square feet of effective sign area

Maximum

Number of Signs

per Business

The maximum number of signs shall be calculated based on the width of

the façade or face of the business that will be utilizing the feather signs, as

follows:

0 - 50 feet wide – maximum 3 signs

51 - 100 feet wide – maximum 5 signs

101 - 200 feet wide – maximum 7 signs

201 feet and greater – maximum 10 signs

Feather signs shall be spaced a minimum of 15 feet from another feather

sign and be located a minimum of 10 feet from any drive providing ingress

and egress

A scaled site plan drawing showing the proposed location of the feathers

signs shall be submitted to the Development Services Director who will

ascertain the appropriate placement of the feather signs

Maximum

Number of

Permits/Year

3 permits for feather signs are allowed per business per calendar year

Timeframe Valid for 30 days

No feather signs may be displayed concurrently with a banner

Permit

/Application

Required

Fee Yes

Removal All feather signs must be removed on the day of the expiration of the

permit

SECTION 5. That Chapter 6, Article XI, Entitled “Signs,” of the Code of Ordinances of

the City of The Colony, Texas, is hereby amended by amending Section 6-262 entitled “Specific

Sign Criteria – Permanent Signs,” by repealing subsection (b) entitled “Lightpost Banners” and

replacing it with subsection (b)(1) entitled “Lightpost Banners (Privately Owned Lightposts)”

and (b)(2) entitled “Lightposts Banners (Publicly or Utility Owned Lightposts),” and by adding a

new subsection (j) entitled “Flags and Flagpoles,” which shall read as follows:

(b)1 Lightpost Banners (Privately Owned Lightposts)

Purpose To regulate the use of lightposts owned by a homeowners association or

other similar entities, for display of banners that advertise events or other

activities solely sponsored by the entity owning the lightposts and for events

or other activities occurring within the City of The Colony

Prohibited Types Banners for commercial use; political campaigns, or garage sales

Authority The governing body of the homeowners’ association or another similar

entity demonstrating ownership of private lightposts shall have sole

authority as to the use and appropriateness of the banners placed on said

privately owned lightposts

Location Citywide

Maximum

Effective Sign Area

24 square feet of effective sign area per banner

Minimum

Clearance

9 feet

Permit Not required for any banner affixed to a private lightpost

Fee No

Maximum

Number of Signs

2 banners are allowed on any lightpost

Each banner may be double-sided

Timeframe None specified

(b)2 Lightpost Banners (Publicly or Utility Owned Lightposts)

Purpose To regulate the use of publicly or utility owned lightposts for display of

banners that advertise events or other activities occurring within the City of

The Colony

Prohibited Types Any commercial use (excluding those special events that are sponsored, in

whole or in part, by the City); political signs, garage sale signs

Authority The Development Services Director, or his designee, shall make decisions as

to the use and appropriateness of the banners placed on said publicly or

utility owned lightposts

Location Citywide

Maximum

Effective Sign Area

24 square feet of effective sign area per banner

Minimum

Clearance

9 feet

Permit Not required for any banner affixed to a public or utility owned lightpost

Fee No

Maximum

Number of Signs

2 banners are allowed on any lightpost

Each banner may be double-sided

Timeframe None specified

(k) Flags and Flagpoles

Purpose To allow the display of national, state, local or organizational flags within the

city limits.

Location A flag and flagpole may be placed in the front and/or rear yard of the lot. No

flags shall be placed in the right-of-way or medians.

Flags in residential zoning districts may be placed in ground or attached to

the primary structure

Flags shall not be attached to fences

Flags shall not be attached to trees

No flag shall encroach over or onto any public right-of-way

Maximum Height

(from ground

level)

Residential = 35 feet

Commercial less than 4 stories = 50 feet

Commercial 4 stories or greater = 75 feet

Maximum Flag

Area

Residential = 35 square feet

Commercial = 70 square feet

Flagpole Support Guy wires or similar support features are prohibited.

Maximum

Number of

Flagpoles

Residential = 1

Commercial = 4; however, no more than 1 corporate identity flag may be

flown on any property

Permit

/Application

Flagpoles 20 feet in height or less

–

Not Required

Flagpoles over 20 feet in height – Required

Fee Flagpoles 20 feet in height or less

–

Flagpoles over 20 feet in height – Yes

Installation Flagpoles over 20 feet in height

–

Requires a professional contractor to

install.

SECTION 6. That Chapter 6, Article XI, entitled “Signs,” of the Code of Ordinances of

the City of The Colony, Texas, is hereby amended by amending Section 6-263, entitled

“Definitions,” by adding new definitions for “Abandoned Sign,” “Community Garage Sale,”

“Feather Sign,” “Flagpole,” “Group Garage Sale,” “Individual Garage Sale,” and by revising the

definition for “Wind Devices” to be inserted and incorporated alphabetically into Section 6-263

and to read as follows:

“Abandoned Sign. Any sign that remains in place and continues to advertise a business of entity

that has ceased operations or has closed for thirty (30) days or more following said closure or

ceasing of operations shall be considered abandoned.”

“Community Garage Sale. An occasional sale occurring at the residences of several individuals

within one subdivision or in one (1) general geographic area, where the residents work together

to share advertising and other costs; and whereby tangible personal property is sold for the

monetary benefit of the property owners or residents individually.”

“Feather Sign. A device temporarily placed in the ground for the purpose of attracting attention

to a business and/or event made of an upright pole and a flexible fabric area on which the

signage is placed that is intended to move with wind currents.”

“Flagpole. A device permanently placed in the ground for the purpose of flying a flag of the

nation, state, political division or organization.”

“Group Garage Sale. An occasional sale generally occurring at a commercial site, whereby a

not-for-profit group or organization sells tangible personal property for the general purpose of

fund-raising.”

“Individual Garage Sale. An occasional sale occurring at the residence of an individual,

whereby tangible personal property is sold for the monetary benefit of the property owner or

resident.”

“Wind Device. Any pennant flag, streamer, spinner, balloon, or similar devices made of cloth,

canvas, plastic, or any flexible material designed to float or move freely. Flags, inflatable signs,

and banners shall not be considered a wind device.”

SECTION 7. That Chapter 6, Article XI, entitled “Signs,” of the Code of Ordinances of

the City of The Colony, Texas, is hereby amended by amending Section 6-263, entitled

“Definitions,” by repealing the definition of “Occasional sales.”

SECTION 8. If any section, article paragraph, sentence, clause, phrase or word in this

Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by

a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions

of this Ordinance; and the City Council hereby declares it would have passed such remaining

portions of this Ordinance despite such invalidity, which remaining portions shall remain in full

force and effect.

SECTION 9. That all provisions of the Ordinances of the City of The Colony, Texas, in

conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and

all other provisions of the Ordinances of the City not in conflict with the provisions of this

Ordinance shall remain in full force and effect.

SECTION 10. Any person, firm, or corporation knowingly violating any of the

provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in

the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed

the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs

shall constitute a separate offense.

SECTION 11. This Ordinance shall become effective from and after its date of passage

in accordance with law.

DULY PASSED by the City Council of the City of The Colony, Texas, this the 3rd day

of April, 2012.

/s/Joe McCourry, Mayor

ATTEST:

/s/Christie Wilson, City Secretary

APPROVED AS TO FORM:

/s/Jeff Moore, City Attorney