18-049 O - Amending Article 3.14, “Signs,” and extending the Town’s Sign Ordinance and Regulations to the Town’s Extraterritorial Jurisdiction (MD17-0009)TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-49
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 3.14, "SIGNS," OF CHAPTER 3, "BUILDING
REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS, BY REPLACING SAID ARTICLE WITH A NEW ARTICLE
3.14, "SIGNS"; EXTENDING THE TOWN'S SIGN ORDINANCE AND
REGULATIONS TO THE TOWN'S EXTRATERRITORIAL JURISDICTION;
PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES;
PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ('Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, the Town Council of the Town has determined that the adoption of new sign
regulations, consistent with recent Supreme Court jurisprudence, is in the best interests of the
citizens of the Town and will promote the public health, safety and general welfare; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the new sign regulations will promote the orderly, safe and efficient growth of the
' Town and the Town's extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 3.14, "Signs," of
Chapter 3, "Building Regulations," of the Code of Ordinances of the Town of Prosper, Texas,
is hereby amended by replacing it with a new Article 3.14, "Signs," a copy of which is attached
hereto as Exhibit A, and is incorporated into this Ordinance by reference.
SECTION 3
As authorized by Chapter 216 of the Texas Local Government Code, as amended, and
other applicable law, the Town Council of the Town of Prosper hereby extends to the
extraterritorial jurisdiction of the Town the application of the Sign Ordinance incorporated and
referenced herein, to the extent authorized by said Chapter.
1
SECTION 4
' Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
' SECTION 7
This Ordinance shall become effective from and after its passage and publication.
DULY PF�$(#1D)rAFIq OVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROdifeiF /ON THIS 26TH DAY OF JUNE, 2018.
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No, 1849, Page 2
ITOWN OF
P SPER
Adopted by Ord. No. 18-49
June 26, 2018
Table of Contents
I Section
Subsection
Heading
Page
1.01
Purpose
4
1.02
Authority and Jurisdiction
4
1.03
Definitions
5
1.04
Permit Requirements
11
A
Permit Required
11
B
Application
11
C
Fees
31
D
Work without a Permit
11
E
Permit Expiration
11
1.05
Sign Contractor Registration
12
1 A
Requirement
12
B
Timeframe
12
C
Fees
12
D
Violations
12
1116
Sign Contractor Certificate Of Insurance/Bond
12
A
Requirement
12
8
Cancellation
13
1A7
Inspections
13
A
Compliance Inspections
13
B
Periodic Inspections
13
C
Notice of non-compliance
13
D
OrderofRemovol
13
1.08
Sign Specifications and Design
14
A
Compliance
14
B
Visibility
14
C
Restrictions
14
D
Multiple Signs on o Property or Building
14
1.09
Sign Measurement
15
A
Area
15
B
Multiple Elements
16
C
Height
17
D
Supports
17
1.10
Prohibited Signs
18
1.11
Removal/Impoundment of Non -Compliant Signs
19
A
Notification
19
e
Expired Signs
19
C
Failure to Comply
19
D
Town -owned Property
19
1
2.22 1
A
e
1.13
A
B
C
D
1.14
A
B
C
D
1.15
A
e
C
D
E
Criteria for Permissible Signs
Attached Signage
Awning Sian
Banner Sign
Blade Sign
Canopy Sian
Construction Fence Sign
Outdoor Machine Sign
Protecting Sign
Vehicular Sign
Wall Sign
Window Sign
Freestanding 5ignage
Development Sign
Downtown Sign
Flags
Human Sign
Incidental Sign
Inflatable Sign
Monument Sign
Political Sign
Residential Sign
Restaurant Use Drive -through Sign
Sandwich Board (A -frame) Sign
Scoreboard
Subdivision Entry Sign
Unified Development Sign
Sign Coordination Plan
General
Purpose
Application
Procedure
Unified Development Zone (UDZ)
General
Purpose
Application
Procedure
Special Purpose Sign District (SPSD)
General
Purpose
Application
Procedure
Amendments
19
20
20
20
21
22
23
24
24
25
25
27
27
27
28
29
30
30
31
32
34
36
36
37
38
39
39
41
41
41
41
41
42
42
42
42
42
43
43
43
43
43
43
2
1.16
Sign Requirements Relief Procedure
44
A
Petition for Waiver
44
B
Application
44
C
Procedure
44
1.17
Violations in or on Public Property
45
1.18
Recovery of Impounded Signs
46
1.19
Neglected and Abandoned Signs
46
1.20
Nonconforming Signs
46
1.21
Appeals
47
3
1.01 PURPOSE
The purpose of this Article is to regulate the location, size, construction, duration, use, and
maintenance of all signs within the Town of Prosper and its extraterritorial jurisdiction on a
content -neutral basis. The general objectives of this Article are to balance the rights of individuals
to convey their messages through the lawful use of signs with the rights of the public to be
protected from potential harm, to promote the health, safety, and welfare of the general public,
and to aid in achieving the following goals:
A. Safety. To promote the safety of persons and property by providing that signs do not:
(1) Create a hazard due to collapse, fire, decay, and/or abandonment;
(2) Obstruct firefighting or police observation; or,
(3) Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists.
S. Provide information. To promote the efficient transfer of information through the effective
use of signs, with messages that:
(1) Afford priority to the conveyance of public safety messages;
(2) Allow businesses and services to identify themselves to the public;
(3) Allow potential customers to locate a business or service; and,
(4) Ensure that the right of free speech is preserved.
C. Environmental preservation and aesthetics. To protect the public welfare and to preserve
and enhance the appearance and economic value of the built environment, by providing
that signs:
(1) Do not interfere with any scenic views;
(2) Do not create visual clutter to persons using the public rights -of -way;
(3) Do not create a nuisance to occupants or customers of adjacent property by sign size,
height, brightness, or materials; and,
(4) Do not have a detrimental effect on land or property values.
D. Any pictures or graphics depicted in this Ordinance are not intended to portray the content
or intended message of a sign but are intended only to provide a visual example of the
applicable requirements.
1.02 AUTHORITY AND JURISDICTION
A. The terms and conditions of this Ordinance shall apply to all signs located within either the
Town of Prosper or its extraterritorial jurisdiction (ETJ), pursuant to Chapter 216 of the Texas
Local Government Code, as amended. The Administrative Official shall be responsible for
interpreting and administering this Ordinance. Allegations of errors in orders, decisions,
and/or determinations by the Administrative Official in the administration of this Ordinance
shall be handled in accordance with Section 1.21 of this Ordinance.
B. Signs located on property awned by the Town of Prosper, an Independent School District or
any other governmental agency are not required to meet the requirements of this Ordinance.
However, signs located on property owned by the Town of Prosper shall be permitted only
upon approval of the Town Manager.
1.03 DEFINMON5
For the purposes of this Ordinance, the following words shall have the following definitions
ascribed tothem. Words not defined in this Ordinance shall be given their common and ordinary
meaning.
Abandoned Sign. A sign that remains in place and continues to advertise a business, lessor,
service, owner, product, or activity that has ceased operations or has closed for thirty (30) days
or more, or pertains to a time, event, or purpose which no longer applies.
Administrative Official. A Town employee appointed by the Town Manager to interpret and/or
enforce the regulations of this Ordinance.
Attached Sign. Any sign affixed to, applied on, or supported by any part of a building located on -
premise.
Awning Sign. A permanent sign that is directly applied, attached, or painted onto an awning,
which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved
material that covers a pedestrian walkway and is intended for protection from the weather or as
a decorative architectural feature.
Banner Sign. A temporary attached sign having characters, letters, or illustrations applied to
plastic, cloth, canvas, or other light fabric, with the only purpose of such non -rigid material being
for background.
Billboard Sign. A large freestanding sign, generally supported by a metal frame, and consisting of
two (2) parallel sign faces which are oriented in opposite directions, used for the display of
posters, printed, or painted advertisements that generally directs attention to a location other
than the premise on which the sign is looted.
Blade Sign. A permanent sign mounted under an awning or other roof -like structure of a building
faode that extends perpendicular to the normal Flow of pedestrian traffic.
Building. Any structure that has a roof supported by columns or walls for shelter, support, or
enclosure intended for persons, animals, or material goods for any use or occupancy. When
separated by dividing walls without openings in a manner sufficient to prevent the spread of fire,
each portion of such structure separated may be deemed as a separate building.
Canopy Sign. A permanent sign that is applied,attached,painted, or affixed on a canopy or other
roof -like cover over gasoline fuel pumps, vacuum area at car detail facilities, drive -through ATMs
(when structure is not attached to the machine), or other areas where services are provided to a
patron in a vehicle of which the structure is intended for protection from the weather or as a
decorative embellishment.
Certlf sate of Occupancy. An official certificate issued by the Town which indicates conformance
with building, zoning, and health safety regulations and authorizes legal use and occupancy of the
premises for which it is issued.
Changeable Electronic Message/BeaderBoord Component orSign(CEMS). A permanent signor
portion of a permanent sign designed to allow advertising or wording to be changed at periodic
intervals, either manually or electronically, and is operated whereby light is turned on and off
intermittently. This definition includes any illuminated sign in which such illumination is not kept
stationary or constant in intensity and color at all times when said sign is in use, including a light
emitting diode ("LED") or digital sign. A term "changeable electronic message/reader board sign"
does not include a sign located within the right-of-way that functions as a traffic control device
and that is described and identified in the Manual on Uniform Traffic Control Devices approved
by the Federal Highway Administrator as the National Standard.
Construction Fence Sign. A temporary sign containing graphics, symbols, text or images securely
attached to, or printed directly onto the screening fabric of, a temporary fence or barrier placed
around an active construction site.
Dilapidated. Any surface element, background, panels, or support of any sign that has finished
materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible,
leaning,splintered,ripped, torn, twisted, or unsightly. Dilapidated is further defined as when the
sign or its elements are not in compliance with the requirements of the National Electrical Code
and/or the International Building Code currently adopted by the Town.
DNT/US 380 Corridors. The DNT/US 380 corridors include the Dallas Parkway/Dallas North
Tollway right-of-way and/or the University Drive/US 380 right-of-way.
Downtown Sign. A freestanding permanent sign fabricated by using one or more visible posts
to support the sign body.
Elevations. Drawings to scale of the external face of a building or structure.
Effective Sign Area. The area of the sign that is utilized for the display of information to include
background, however, does not include the framework or base of the sign.
Fopude. Any separate face of a building, including parapet walls and omitted wall lines, or any
part of a building which encloses or covers usable space. Where separate faces are oriented in
the same direction, or in directions within forty-five (45) degrees of one another, they are to be
considered as part of a single fa4ade.
Flag. A piece of fabric attached to a staff or cord on one (1) end and generally used as a symbol
of a nation, state, political subdivision, or organization.
Flagpole. A freestanding device permanently placed in the ground for the purpose of flying a flag
of a nation, state, political subdivision, or organization.
Frame Duration. The time during which the frame continues on a CEMS.
Government/8egulatary Sign. Any sign for the control of traffic or for identification purposes,
street signs, warning signs, railroad crossing signs, and signs of public utility and service companies
indicating danger or construction, which are erected by or upon the order of a public officer,
employee or agent thereof, in the discharge of official duties.
Graffld. Pictures, words, slogans, images, or other artwork painted, drawn, scratched, or applied
in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other
items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or
other edifice or object by paintin& or otherwise, marking it with words, pictures, symbols,
advertising, logos, relations with a group, indecent/vulgar images, or offensive language.
Human Sign. Any hand -carried or held sign, symbol, or display on persons visible from the public
right-of-way, which may include persons dressed in costume.
Impounded Sign. A sign that is legally removed by the Administrative Official in accordance with
the provisions of this Ordinance.
Inddental Sign. A sign that is normally incidental to the allowed use on the property such as, but
not limited to, directional signs, entrance, exit, or overhead clearance.
Inflatable Sign. A temporary sign manufactured of plastic,cloth, canvas, or other light fabric and
inflated with air.
Logo. Any registered or recognized design, insignia, or other mark, which is used in advertising to
identify an organization, individual, company, or product.
Major Thoroughfare. A four (4) to six (6) lane divided roadway measuring a minimum 120 feet
from rights -of -way, perthe Town of Prosper Thoroughfare Design Standards.
Minor Thoroughfare. A four (4) lane divided roadway measuring a minimum ninety feet (90') and
a maximum 110 feet from rights -of -way, per the Town of Prosper Thoroughfare Design Standards.
MechanicolSign. Any sign, which rotates, shakes, or moves by means of a motor, battery, or the
like.
Restaurant Use Drive -through Sign. A permanent freestanding sign used in conjunction with a
drive -through or drive-in for patrons who remain in a vehicle.
Merchandise Display. Any goods, wares, merchandise, or other advertising object or structure
suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel
pump island for the purpose of advertising such items.
Message Transition. The process or period of changing from one (1) message to another on a
CEMS.
Model Name Monument A temporary freestanding sign located within a residential district on a
lot containing either a model home that is open to the public for view by customers or a
construction or sales trailer for the purpose of builder identification.
Monument Sign. A permanent freestanding sign that is supported from grade to the bottom of
the sign, having or appearing to have a solid and opaque base independent of the principle
building or structure, and is generally used to identify the name of a business and/or development
on the property.
Multi -Tenant Monument Sign. A permanent freestanding sign that is supported from grade to
the bottom of the sign, having or appearing to have a solid and opaque base independent of the
principle building or structure, and is generally used to identify multiple businesses within a single
lot.
Neglected Sign. A sign that has rust, loose parts, or damage as in missing panels, burned out
lights, missing letters or characters, faded from its original color, or supports or framework with
missing parts and is generally not maintained.
Nonconforming Sign. A sign and its supporting structure which do not conform to all or part of
the provisions of this Ordinance.
Non -Residential Use. Any structure or use not included in the definition of 'Residential Use'
contained in this Ordinance including, but not limited to, a home -builder model home, a
temporary sales trailer, and an apartment leasing office.
Notice. A notice required by this Ordinance shall be sufficient if it is submitted by personal
delivery, registered or certified mail with return receipt requested, and/or sending the notice
through the United States Postal Service.
Obscene Sign. A sign in which the dominant theme of material taken as a whole appeals to a
prurient interest in sex, is patently offensive because it affronts community standards relating to
the description or representation of sexual matters, and is utterly without redeeming social value.
Obsolete. No longer produced or used; out of date.
Off -Premise Sign. A sign that advertises, promotes, or pertains to a business, person,
organization, activity, event, place, service, product, etc. at a location other than where the sign
is located.
On -Premise Sign. A sign that advertises, promotes, or pertains to a business, person,
organization, activity, event, place, service, product, etc. at the location of which the sign is
located.
Outdoor Machine Sign. A sign located on an outdoor machine, device, or equipment which may
include, but is not limited to, coinoperated vending machines, fuel dispensing pumps, telephone
facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar
machines, devices, or equipment.
Person. Any person, firm, partnership, corporation, company, organization, or business entity of
any kind.
Pole Sign. A freestanding sign, which is constructed on a vertical framework consisting of one
upright support, secured in the ground.
Political Sign. A temporary sign announcing or supporting political candidates or issues in
connection with a national, state, or local election.
Portable Sign. Any sign not permanently attached to the ground or to a building, which is
designed to be easily transported or conveyed to different locations. This term includes, but is
not limited to, signs on wheels or affixed to trailers or skids, tent signs, sandwich board (A -frame)
signs, T-shaped signs, airborne signs, and similar devices.
Premise. A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
Pdma facte. Accepted as correct until proven otherwise.
Prohibited Sign. Signs that do not comply with this or other applicable Ordinances. Signs that
are otherwise not allowed within Town boundaries.
Projecting Sign. A permanent attached sign that is wholly or partially dependent upon a building
for support and extends more than twelve inches (12") from said building, generally at a right
angle.
Pylon Sign. A permanent freestanding sign that has two or more supports and is permanently
affixed to the ground by such supports, but not having the appearance of a solid base.
Residential Use. A structure where the primary purpose is to provide a permanent place of
residence to an individual or family.
Residential Yard Sign. An on -site temporary residential sign used to publicize or announce
information at the discretion of the homeowner ortenant of the property such as, but not limited
to, home improvement signs, residential real estate signs, or school affiliation signs.
Revolving Sign. A sign that turns, spins, partially revolves, or completely revolves 360 degrees on
an axis.
Righto%Way. The area on, below, or above a public roadway, highway, street, public sidewalk,
waterway, or utility easement in which the Town has an interest.
Roof Sign. A sign mounted on and supported by the roof portion of a building, above the
uppermost edge of a parapet wall and is supported by the building, or a sign that is painted
directly upon the roof or top of a building.
Sandwich Board (A Jrame)Sign. A portable sign consisting of two (2) panels of equal size, which
are hinged at the top and placed on the ground or pavement so as to be self-supporting.
Scoreboard. A sign located on or adjacent to an athletic field or stadium, which is used to display
information pertaining to an event at the field or stadium.
Sculpted Aluminum Panel. An aluminum sign panel with text or graphic depictions cutout from
the panel, typically with a translucent material covering the cut-out from the inner side of the
panel.
Searchlight. Any use of lighting intended to attract the general public by the waving or moving of
light beams.
Sign. Any form of publicity or advertising which directs attention to an individual, business,
commodity, service, activity, or product, by means of words, figures, numerals, emblems, devices,
trade names, or trademarks, or other pictorial matter that communicates information of any kind
to the public.
Sign Coordination Plan. A document used to determine consistency and uniformity among signs,
their overall location(s) on a given property, and the relationship of the signs to surrounding
existing, proposed, and future Improvements.
Special Purpose Sign District (SPSO). An overlay district approved by Town Council that
exclusively addresses sign regulations within a Unified Development Zone.
Strip Center. A commercial building comprised of multiple, individual businesses on a single lot
where the primary entrance for each tenant is generally accessed from the outside.
Subdivision. The division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or
other divisions of land for the purpose, whether immediate or future, of sale or of building
development.
Subdivision Entry Sign. A sign mounted to a screening wall or engraved into a masonry facade
used to identify a residential development.
Development Sign. Any temporary sign intended for display for a limited period of time and is
designated with a timeframe as referenced in this Ordinance.
Total Sign Area. The total area of a sign, including the display, framework, and base.
Town. The Town of Prosper.
Town Manager. The Town Manager and/or other Town employee designated by the Town
Manager.
Unified Development Sign. A freestanding permanent sign that is supported from grade to the
bottom of the sign, having or appearing to have a solid and opaque base, independent of the
principle building or structure, and generally used to identify the name of multiple non-residential
tenants within a Unified Development Zone.
UniftedDevelopmentZone(UDZ). Multiple lots depicted on the same Site Plan that will be united
through common building architecture, building color, building materials, signage, landscaping,
access, and parking on contiguous parcels.
Vehicle. A motorized machine on wheels, treads, or runners by which any person, material,
commodity, or property is or may be transported.
VehlcularSign. A sign painted upon or applied directly to (including magnetic) any truck, car, bus,
trailer, boat, recreational vehicle, motorcycle, or other vehicle. Vehicular signs shall exclude
bumper stickers, license plates, and inspection and registration stickers.
Waiver. An official written request to the Town Council used to allow exceptions to regulations
or requirements of this Ordinance.
Wall Sign. A permanent sign affixed to or painted on an exterior wall and extending not more
than twelve inches (12") from the facade of any building to which it is attached, supported
throughout its entire length by the building face.
Wind Devitt. Any pennant flag, streamer, spinner, balloon, feather sign, or similar device made
of cloth, canvas, plastic, or any flexible material designed to float or move freely.
Window Sign. A sign affixed to any surface of a window (internal or external) or is located within
three feet (3') from the interior window of any establishment.
Wood Frame Sign. A temporary freestanding sign that is used to advertise new or future
improvement or the sale of the commercial property on which the sign is located. In no case shall
a Wood Frame Sign contain information pertaining to off -premise use. Although Wood Frame
Signs are generally constructed of wood, the definition does not exclude metal or plastic signs
used for the same purpose.
10
1.04 PERMIT REQUIRMENTS
A. Permit Required.
No sign, other than those listed in Section 1.12 of this Ordinance as exempt from the
requirement of permit, shall be constructed, placed, attached, altered, displayed, and/or
secured to the ground, any building, and/or any structure, until a permit for such sign has
been issued by the Development Services Department of the Town of Prosper. In no event
shall a permit be required for any government/regulatory sign, and a government/regulatory
sign may be placed in the public right-of-way.
B. Application.
(1) An application for a sign permit may be obtained from the Development Services
Department of the Town of Prosper. The Administrative Official shall complete the review
of an application for a sign permit within thirty (30) days of the receipt of said application
by the Town. A permit shall be approved If a proposed sign conforms to all Town
Ordinances and any currently adopted Building Codes that may be applicable.
(2) A diagram shall be provided showing the location of the sign on the property, any
applicable dimensions of the proposed sign, as well as any applicable proposed electrical
connections.
(3) Any sign may be required to provide engineer sealed plans, at the discretion of the
Administrative Official, upon review.
(4) Incorrect information shall be grounds for revocation of the proposed permit.
(5) Plan review comments not addressed within ninety (90) days of comments being sent
shall result in the voiding of said permit.
C Fees.
(1) Fees for sign permit applications shall be assessed in accordance with the Town's
currently adopted fee schedule.
(2) Non-profit organizations are exempt from any applicable permit fees for temporary
signage. They are, however, required to obtain a permit (if applicable) and comply with
Ordinance regulations.
D. Work without Permit.
A fee of two (2) times the amount of the permit fee shall be assessed for any work done
without or priorto the issuance of a permit.
E. Permit Expiration.
(1) A permit for a sign shall expire it the construction of said sign is not completed and
inspected within 180 days from the date the permit is issued.
(2) Additional time may be approved by the Administrative Official with just cause, upon
receipt of written request prior to expiration of said permit.
(3) Upon expiration of a sign permit, any work conducted will therefore be considered as
work without a permit and shall be removed per Section 1.11(B) of this Ordinance or shall
be re -permitted with additional fees to be assessed.
11
1.05 SIGN CONTRACTOR REGISTRATION
A. Requirement.
A sign contractorwho is registered with the Town of Prosper under this Section is authorized
to install, construct, or maintain any sign within the Town of Prosper as well as contract for
such service. To be registered under this Section, a sign contractor shall submit a Contractor
Registration Form, along with a valid state trade license (when applicable), a valid photo
identification card, and proof of general liability insurance to the Development Services
Department. A registration will be processed if all requirements of Town Ordinances are met.
S. Timeframe.
A registration is valid for the calendar year in which it is submitted.
C. Fees.
Please referto the Town's currently adopted fee schedule for any applicable registration fees.
D. Violations.
The registration of any sign contractor may be cancelled at the discretion of the
Administrative Official, when such contractor repeatedly violates the requirements of this
Ordinance. Conviction in court, whether appealed or not, on two (2) or more violations over
a period of twelve (12) months, shall constitute evidence of repeated violation. Any
registration thus cancelled shall not be renewed for such contractor, or anyone operating in
collaboration with such contractor, until all such violations have been corrected. Once
violations have been corrected and approval has been received by the Administrative Official,
the contractor's registration may be renewed upon furnishing the bond required in Section
1.06.
1.06 SIGN CONTRACTOR CERTIFICATE OF INSURANCE/BOND
A. Requirement.
No registration for the installation, placement, and/or maintenance of signs shall be issued to
any person nor shall any person install, place, or maintain any sign until such person has
provided proof of general liability insurance in the amount of $1D0,000 to the Administrative
Official or filed with the Town Secretary a surety bond in the sum of $5,000. Such bond shall
be approved by the Town Manager and shall be conditioned for the installation and/or
construction of signs in accordance with the Ordinances of the Town and the laws of the State.
Said bond shall provide forthe indemnification of the Town for any and all damages or liability
which may accrue against it by reason of faulty installation, construction, demolition, repair,
removal, defects in, or collapse of any sign for a period of one (1) year after construction or
for such a period of time that said sign is maintained or serviced under the direction of the
maker of such bond, whichever is longer. Such bond shall further provide for the
indemnification of any person who shall, while upon public property or in any public place,
incur damage for which the principal name in the bond is legally liable.
8. Cancellation.
When any sign contractors license has been cancelled as provided in Section 1.05(D), such
license shall not be renewed until the contractor furnishes an additional bond in the amount
of $5,000 guaranteeing compliance with the provisions of this Ordinance. Said bond will be
12
in place for a period of two (2) years following the renewal of the license and shall be provided
on a form approved by the Town Attorney.
1.07 INSPECTIONS
A. Compliance Inspections.
All signs that require a permit be obtained prior to construction shall require inspection by
the Administrative Official as indicated on the Town -approved permit and/or plan set.
B. Periodic Inspections.
The Administrative Official reserves the right to perform periodic inspections of all signs
regulated by this Ordinance. The purpose of the inspection is to ascertain whether the same
is obsolete, unsafe or insecure, dilapidated or deteriorated, and to ensure that the sign has
been constructed in accordance with applicable ordinances, and any applicable permits. The
method and time of such inspections shall be determined by the Administrative Official.
C Notice ofnon-compliance.
If the Administrative Official determines that any sign is unsafe, insecure, dilapidated, or
deteriorated, he shall give written notice to remove or replace said sign to the person or
persons responsible, in accordance with this Ordinance.
D. Order of Removal.
1. If the permit holder, owner of the sign, or owner of the property on which the sign is
located fails to remove or repair the sign within ten (10) days after said notice or fails to
file an allegation of error in accordance with this Ordinance, the Administrative Official is
hereby authorized to cause the removal of such sign.
2. Any expense incidenttothe removal of said sign shall be paid bythe permit holder, owner
of the sign, or owner of the property on which the sign is located.
3. Nothing contained herein shall prohibit the immediate removal, without notice, of any
sign or portion of a sign, which is determined by the Administrative Official to be an
immediate threat or danger to the health, safety, and general welfare of the public.
4. The removal of the sign or portion of the sign shall be limited to the extent necessary to
eliminate the threat to the health, safety, and general welfare of the public.
S. The Town is authorized to file a lien against any property, which is not otherwise exempt,
to recover expenses incurred by the Town for the removal of a sign or portion of a sign
from a property.
13
1.08 SIGN SPECIFICATIONS AND DESIGN
A. Compliance.
All sign structures shall comply with this Ordinance, the Zoning Ordinance for the Town of
Prosper, the Building Code as currently adopted, the National Electric Code as currently
adopted, and other Town Ordinances. If the standards as described herein are more
restrictive, the provisions of this Ordinance shall apply.
8. Visibility.
All signs shall observe all visibility requirements. Signs shall not be placed within visibility
triangles, corner clips, or V.A.M. (Visibility, Access, and Maintenance) easements. No sign
shall be constructed or displayed in such a manner as to interfere with, obstruct the view of,
or be confused with any authorized traffic sign, signal, or device.
C. Restrictions.
Unless otherwise permitted within this Ordinance, no person shall post or cause to be posted,
attach, or maintain any sign:
(1) Upon any Town -owned property or right-of-way except in accordance with Chapters
61.003 and 85.036 of the Texas Election Cade, as amended;
(2) Upon any utility easement. Should a property owner be able to demonstrate to the
Administrative Official and/or utility company that there is no other viable location, a sign
may be located within the utility easement, subject to written approval from the
Administrative Official and/or utility company, and a letter provided by the property
owner releasing the Town of any liability for repair or replacement of a sign damaged as
a result of work occurring within said utility easement;
(3) Upon any tree, publicly -owned light pole, or any utility pole or structure;
(4) Upon any fence, railing, or wall, except in accordance with Section 1.12(B)(13);
(5) Upon any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street,
with the exception of house numbers or fire lane designations;
(6) Upon or to the supporting members of any fire escape, nor shall it be guyed to or
supported by any portion of the fire escape;
(7) No sign shall be constructed closer than two feet (2') from any telephone cable, power
line, or any street light standard;
(8) No sign shall be constructed as to block, partially block, or interfere in any way with a
required means of egress from any building or window;
(9) No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a
public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to
access parking; and,
(10)Signs constructed of glass or other material, which may shatter upon impact, are
prohibited over public right-of-way.
D. Multiple Signs on a Property or Building.
The permitting of a sign on a property or building shall not prevent the permitting of other
types of signs on a property or building unless the signs are expressly prohibited herein.
14
1.09 SIGN MEASUREMENT
A. Area.
The area of a sign shall be measured as follows:
(1) For signs in the shape of a square, rectangle, circle, or similar standard geometric shape,
the area shall be calculated by using the standard mathematical formula (height
multiplied by width, 3.14 multiplied by radius squared, etc.).
Width
(2) For signs with an irregular shape, the area shall be measured by drawing a box around the
entire body of the sign, enclosing the sign elements with four (4) intersecting lines and
using the standard mathematical formula (height multiplied by width).
Odd��ape "�o
(3) The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by
calculating the area of a two-dimensional drawing of the largest elevation of the sign.
A
3 - - Area a Haight X YYidth of Face D
�.
♦��
Width
15
(4) Where a sign has two(2)faces, the area of the largest sign face shall be used to determine
the area of the sign provided the two (2) faces are within thirty (30) degrees from parallel.
Where a sign has two (2) or more faces that are greater than thirty (30) degrees from
parallel, the sign area shall either be calculated as the sum of the area of each face, orthe
sign will constitute two (2) signs (a V-shaped sign).
(5) Letters forming a word or name shall be considered a single sign, regardless of the spacing
between letters.
CHANNEL
x , LETTERS'
Width
B. Multiple Elements.
(1) When two (2) or more separate items in a sign are separated horizontally or vertically by
LESS than the width or height of the largest letter, the hems shall be considered a single
sign and the area shall be determined by measuring the area enclosing the sign elements
with straight, intersecting lines.
largest�NUg.UU,�„dimensionof�LDr]IL'Sl)55
largest letter
Se arated by less than the largest
dimension of the largest letter
16
(2) When two (2) or more separate items in a sign are separated horizontally or vertically by
more than the width or height of the largest letter, the items shall be considered separate
signs and the area shall be determined individually.
largest I(,j oUPL2
dimension of IffJJ���1?�C//��JJ��
largest letter
Separated by more than the largest
dimension of the largest letter
C Height.
The height of all signs shall be measured from the top edge of the sign and/or support
structure to the average finished grade of the ground belowthe sign and/or support structure.
If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing
the height of the sign, the height of the mound, berm, or other raised area shall be included
in the height of the sign.
mil
ire
tro' —
D. Supports.
The supports of a freestanding sign shall not be included in calculating the area of the sign,
but shall be included in the measurement of the height of the sign.
FOR SALE
612-123.4567
s Jane
M Rfi�i41X Smith
ii
x
17
1.10 PRONIBITEDSIGNS
The following signs are specifically prohibited:
A. Abandoned Signs;
B. Merchandise Displays, except as authorized by the Zoning Ordinance;
C. Billboard Signs;
0. Graffiti;
E. Portable Signs, unless specifically permitted within this Ordinance;
F. Revolving/Mechanical Signs;
G. Roof Signs;
H. Wind Devices, excluding fags and banners as authorized by this Ordinance;
L Pole/Pylon Signs;
/. Obscene Signs,
K. LED, string or similar lighting outlining windows, doors, or other similar building features;
L. Skylights/Searchlights, beacons, or laser lights, unless used in conjunction with a Town
authorized Special Event; and,
M. Other Signs:
(1) Signs which move and/or are animated by means of flashing, traveling, or blinking lights,
or other means not providing constant illumination, unless specifically allowed herein;
(2) Any sign which emits audible sound, odor, or smoke;
(3) Any lighted sign placed or displayed within 150 feet of a residentially zoned property, or
designated as residential on the Future Land Use Plan, unless the lighting is shielded from
view of the residential property and indirect light does not exceed 0.3 foot-candles above
ambient light conditions at the property line, as measured using a foot-candle meter in a
horizontal positron at an approximate height of three (3) feet above grade;
(4) Any sign placed on any traffic control device or utility support structure or pole, or over
public right-of-way or other public property, unless the sign is placed by the Town, County,
State, or other authorized governmental agency, or with the permission of the Town, for
public purposes, unless permitted within this Ordinance;
(5) Temporary Signs remaining after expiration of permit issued by the Town;
(6) tNf-premise signs, unless specifically permitted within this Ordinance;
(7) Any sign placed without a permit, either prior to or after the adoption of this Ordinance, if
a permit is required; and,
(8) Any sign not referenced within, or governed by this Ordinance.
18
1.11 REMOVAL/IMPOUNDMENT OF NON -COMPLIANT SIGNS
A. Notification.
All signs listed in this Section and other prohibited or non -compliant signs shall be considered
a public nuisance and are prohibited by this Ordinance. Upon identification of any prohibited
sign, the Administrative Official shall provide written notification of the violation to the owner
of the property on which the prohibited sign is located and/or the permittee of the sign. The
notification shall state that the offending sign shall be removed by the property owner, agent,
or person having beneficial use of the land, building, or structure upon which such sign is
located within the time period prescribed by the Administrative Official. The notification shall
further state that if the prohibited sign is not removed within a specific time frame (not to
exceed ten (10) days) a citation may be issued and the Town may resort to any civil remedy
available. If any sign is determined to present an immediate danger to the health, safety, and
general welfare of the public, the Town shall remove it immediately. Within ten (10) days of
the removal of the sign, the Town shall notify the owner of the property on which the sign was
located of the reason(s) for removal of the sign.
B. Expired Signs.
Signs authorized by a sign permit with an expiration date shall be removed promptly upon the
date of expiration. Signs remaining after the date of expiration shall be deemed prohibited.
The sign permit listing the expiration date shall be considered adequate notice of violation.
C. Failure to Comply.
It shall be unlawful for any person, firm, or corporation receiving such written notice or having
an expired permit to fail to comply with the direction of the notice. In the event that there is
failure to comply with such notice, provided under Section 1.11(A), the Administrative Official
is hereby authorized to cause the removal and impoundment of said sign. Any expenses
incident to the removal of said sign shall be the responsibility of the owner, agent, or person
having beneficial use of the land, building, or structure upon which said sign was located.
D. Town -owned Property.
If a sign is placed within the public right-of-way or on a Town -owned property in violation of
this Ordinance, the sign shall be immediately removed and impounded.
1.12 CRITERIA FOR PERMISSIBLE SIGNS
The following signs are permissible, subject to the following conditions and the specifications
listed in Section 1.08 of this Ordinance. Signs that do not comply with the following conditions
and specifications or are not covered within this Ordinance are considered prohibited.
19
A. AttachedSlgnage.
(a) Location
(b)
Maximum Effective
Sign Area
(c)
Maximum Height
(d)
Minimum Clearance
(e)
Design
(f) Permit Required
(g) Fees
(a) Location
(b) Maximum Total
Sign Area
(c) Minimum Clearance
Permitted in conjunction with non-
residential uses or in a residential
zoning district for apartment uses
for which a building permit and/or
Certificate of Occupancy has been
issued.
The supporting structure may not
extend into or overthe street right-
of-way.
No building shall have both a wall sign and an awning sign on the same
building face.
Seventy-five percent (75%) of the width of the awning.
iFour feet (4') from base of awning.
Nine height above sidewalk or walkway.
• Canvas, metal,wood, or other material approved bythe
Administrative Official.
�• Minimum height for text or graphic elements shall be six inches(6").
'• The awning shall be secured to the building and may not move in any
manner.
Yes. A sign reface requires a separate permit.
Per the Town's currently adopted Fee Schedule.
Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of "^
Occupancy has been issued.
All four (4) corners shall be securely
attached to the front, side, or rear
surfaces of a building, excluding
banners located on public school
property.
Shall not face a residential neighborhood unless separated by a major
or minor thoroughfare.
y-eight square feet (48 sq. ft.).
width of the banner sign shall not exceed the storefront width.
feet (9') in height above sidewalk or walkway, when installed in a
tion that may restrict pedestrian travel.
20
(d) Maximum Number of
Signs
(a) Maximum Number of
Occurrences/Year
(f) Exceptions
(g) Timeframe
(h) Removal
(i) Permit Required
III Fces
(a) Location
(b)
Maximum Total
Sign Area
(c)
Maximum Height
(d)
Minimum Clearance
(a)
Maximum Number of
Signs
(f) Design
One (1) at a ny given time for any given business.
Three (3), two (2) week periods per business per calendar year, can be
consecutive.
• A business is permitted to have one (1) banner sign prior to the receipt
of a certificate of occupancy for a period not to exceed six (6) weeks.
Shall not be counted against the allowances provided above.
• One banner sign shall be permitted in connection with a Special Event
Permit that has been approved by the Town.
• Religious organizations that operate in a school or other temporary
facility may place a banner during times of worship. The banner
cannot be placed earlier than two (2) hours prior to worship and shall
be removed no later than two (2) hours after worship. This banner
shall not count against the businesses' annual allowance.
• Each permit is valid for a two (2) week period.
• Prior to Business Certificate of Occupancy: Permit shall be issued after'
issuance of a building permit and within six (6) weeks after the
issuance of the Certificate of Occupancy for a period not to exceed
two (2) weeks.
• Special Event Banner: Maximum twenty-one (21) days.
• Shall be removed on the day of the expiration of the permit.
• Special Event Banner: Within twenty-four (24) hours after the event.
Yes.
Per the Town's currently adopted Fee Schedule.
• Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued.
• Shall be located in the visual path of
pedestrians, under covered
walkways within a development.
Three square feet (3 sq. ft.).
een inches(18").
feet (9') above sidewalk or walkway.
(1) per tenant per elevation.
upper edge of a blade sign shall not extend vertically above the eave
of a structure.
21
(g) Lighting
(h) Support
(i) Permit Required
(a) Location
All lighting shall comply with the currently adopted National Electric Code.
Any electrical work that requires an addition or extension of circuits shall
require a separate permit.
Shall be supported from the top edge of the sign in an approved manner.
No, but shall comply with the above conditions and specifications listed in
Section 1.08.
• Permitted in conjunction with non-
residential uses for which a buildinf
permit and/or Certificate of
Occupancy has been issued.
• Shall be attached to the face of the
canopy band that is parallel to a
public street.
• Shall not project more than twelve
shall not project above, below, or beyond the edge of said band.
(b) Maximum Effective • Forty-five square feet(45 sq. ft.).
Sign Area No greater than fifty percent (50%) of the length of any one (1) side of
the canopy band shall be used for signage.
(c) Maximum Height Three feet (3').
(d) Maximum Number of One 1
()Per public street frontage.
Signs
(e) Design Shall only contain the name and/or logo of the company. Pricing and/or
sale specials are prohibited.
(f) Lighting Canopy signs may only be internally lit.
• All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
• Illuminated signs shall not operate at brightness levels of more than
0.3 foot -undies above ambient light conditions at the property line,
or at a distance equal to the square root of the area of the sign x 100
(,/(Area of Sign in Sq. Ft. x 100), whichever is closer to the sign, as
measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
• No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use orresidential district.
(g) Canopy Banding Refer to Chapter 3, Section 1.4 (3) of the Town of Prosper Zoning
Ordinance as it exists or may be amended.
(h) Permit Required Yes.
(i) Fees Per the Town's currently adopted Fee Schedule.
22
(a) Location
Permitted in conjunction with non-
residential uses for which a building
permit has been issued.
(b) Maximum Effective
'+ When printed directly onto the fence or barriers screening fabric:
Sign Area
128 square feet
• When NOT printed directly onto the fence or barriers screening
fabric: ninety-six square feet (96 sq. ft.)
(c) Maximum Height
Eight (8) feet
(d) Maximum Number of
• One (1) per major street thoroughfare per property.
Signs
• When a property has more than one (1) major thoroughfare, one (1)
temporary construction fence sign may be placed along each major
thoroughfare.
(e) Minimum Spacing
A property with more than 200 feet of major thoroughfare frontage is
between Signs
entitled to place one (1) additional temporary construction fence sign with
a minimum separation of 200 feet between each temporary construction
fence sign.
if) Design
Temporary construction fence signs that are not printed directly onto the
fence or barriers screening fabric shall be attached to the temporary
fence or barrier with an approved rigid backing material that is securely
affixed to the fence or barrier.
(g) Permitting Stipulation
Graphics, symbols, text or images shall advertise or depict only what is
permitted and planned to be conducted, sold or offered on the premises
on which the temporary fence or barrier is located.
(h) Removal
• Shall be removed prior to the issuance of a certificate of occupancy for
the building on the property or the completion of construction.
• Where the property has multiple buildings with outstanding building
permits, the temporary construction fence sign must be removed
upon the earlier of:
o The expiration or termination of all such outstanding building
permits, or;
o Prior to the issuance of a certificate of occupancy forthe last such
building on the property.
(i) Permit Required
Yes.
0) Fees
lPerthe Town's currently adopted Fee Schedule.
23
(aj location Shall be directly attached to and
flat, not projecting, from a machine.
• May be attached to a canopy,
however, said canopy shall be
attached as a part of a machine.
• Shall not obstruct pedestrian or _
vehicular travel.
(b) Lighting All lighting shall comply with the currently adopted National Electric Code.
Any electrical work that requires an addition or extension of circuits shall
require a separate permit.
(c) Permit Required No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(a) Location • Permitted in conjunction with non- R
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued.
• May project into right-of-way but
shall be located a minimum of three F
feet (3') from back of curb of any
adjacent street or drive.
(b)
Maximum Total
Sign Area
(c)
Minimum Clearance
(d)
Maximum Numberof
Signs
(e) Design
(f) Lighting
(g) Support
(h) Permit Required
(i) Fees
square feet(12 sq. ft.).
Nine feet (9') above sidewalk or walkway.
One (1) per tenant per elevation.
• Minimum height for text or graphic elements shall be six inches(W).
• Shall not extend above a building wall.
• May extend no more than three feet (3') from the facade of a building.
All lighting shall comply with the currently adopted National Electric Code.
Any electrical work that requires an addition or extension of circuits shall
require a separate permit.
Shall be supported from the side edge of the sign in an approved manner.
Yes. A sign reface requires a separate permit.
Per the Town's currently adopted Fee Schedule.
24
(a) Location In non-residential zoning districts,
shall not be used primarily as static
displays, to advertise products
and/or services, storage, shelter, or
distribution points for commercial
products and/or services for the
general public.
• During periods of inactivity, such vehicle with a sign may not be
parked in the right-of-way or placed in a mannerthat the sign is
readily visible from adjacent public rights -of -way.
• "For Sale" signs placed in or on vehicles when the vehicle is parked or
placed in a manner that the sign is readily visible from adjacent public
rights -of -way are prohibited with the exception that one (1) vehicle
containing a "For Sale" sign parked or placed at an occupied single-
family, two-family, townhome, or multi -family dwelling unit is
allowed.
r_
(b) Design The signs shall be painted upon or applied directly to an integral part of
the vehicle.
(c) Maintenance The vehicle shall be in operating condition, currently registered and
licensed to operate on public streets, and actively used in the daily
function of the business to which such sign relates.
(d) Per it Required No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(a) Location Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued.
• Shall not be allowed on any facade (other than the main front of the
building) that faces property zoned or designated on the Future Land
Use Plan, for single-family uses, if the sign is within 150 feet of the
property line of said residential property.
• Tenant within a strio center: Signage shall be restricted to the facade
of the tenant space on the building.
(b) Maximum Effective . The total of all effective sign area on each facade, shall not exceed
Sign Area sixty square feet (60 sq. ft.) or ten percent (1D%) of the facade,
whichever is greater. In no instance, shall a Wall Sign exceed the
maximum height limitations noted in (c) below.
Any background area shall be included as part of the sign and shall be
included in the calculation of the effective sign area.
Tenant within a stripcenter: Shall be measured by the size of the
facade of the tenant space.
25
Sienace for a multi -tenant buildin with a sinele entiv: 500 square feet
(c) Maximum Height
Height of sign is based on the height of the building:
➢ Less than twenty feet (20'): Four feet (4') max. sign height
D Twenty feet(20') to less than thirty feet(30'); Six feet(6') max.
sign height
➢ Thirty feet (301) to less than forty feet (40'): Eight feet (8') max.
sign height
D Forty feet (40') to less than fifty feet (50'): Ten feet (30') max. sign
height
➢ Fifty feet (SW) or greater: Twelve feet (12') max. sign height
i(d) Minimum Clearance
Nine feet (9') above sidewalk, walkway, or street.
If sign is painted on the wall, there is no minimum clearance.
(e) Maximum Number of
Unlimited, however, the individual sign heights may not exceed what
Signs
is allowed in (c) above and the total combined area cannot exceed
what is allowed in (b) above.
5ienaae for a multi -tenant buildin with a sinele entry: shall be limited
to a maximum of two (2) signs per elevation of appropriate scale &
size identifying the major tenant or name of building.
j(f) Design
• When projections on the wall face prevent the placement of the sign
flat against the wall face, the space between the back ofthe sign and
the wall shall be closed at the top, bottom, and ends with
incombustible materials.
In no case shall an attached sign project above the roof line or parapet
wall of any building. Signs shall be no closer vertically to the eave of
the roofline or overhang than the predominant height of the text or
graphic elements.
Per the Administrative Official, signs shall not overwhelm the section
ofthe building facade on which it is placed.
Lighting
Wall signs with visible or exposed neon, florescent, or LED lighting are
i(g)
prohibited.
All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
• Illuminated signs shall not operate at brightness levels of more than
0.3 foot-candles above ambient light conditions at the property line,
or at a distance equal to the square root ofthe area of the sign x 100
(/(Area of Sign in Sq. Ft.x 100); whichever is closer to the sign,
as measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use orresidential district.
(h) Permitting Stipulation
Sienaee for a mufti -tenant buildine with a sinele entry: Shall be required to
provide a letter from the owner ofthe building authorizing placement of
sign and location at permit submittal.
26
(i) Permit Required Yes. A sign reface requires a separate permit.
(j) Fees Perthe Town's currently adopted Fee Schedule.
(a) Location a
Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued.
• Shall be affixed to any surface of a
window (interior or exterior) or
within three feet (3') ofthe interior
window glazing.
(b) Maximum Total Sign Area
Twenty-five percent(25%) of the total window area per facade/elevation
pertenant.
(c) Lighting
• Illuminated window signs shall not be allowed within three feet (3') of
the interior window glazing with the exception of open/closed signs.
• All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
(d) Exceptions
Addresses,open/closed signs, hours of operation, and window signs
required by the Town of Prosper are exempt from meeting the maximum
sign area criteria as required in this Section of the Ordinance.
(e) Permit Required
No, but shall comply with the above conditions and specifications listed in
Section 1.08.
B.
Freestanding Signage.
DevelopmentSign
(a)
Location
• Shall be located a minimum of fifteen
feet (15') from any property line.
• The minimum setback from the right-of-
way may be reduced to one foot (1')
when located in the City of Irving
waterline easement adjacent to US 380
with approval documentation from the �-
Cityoflrving.
• Shall not face a residential
neighborhood, unless separated by a
major thoroughfare.
(b)
Maximum Effective
Sixty-four square feet(64 sq. ft.).
Sign Area
(c)
Maximum Height
Twelve feet (12').
27
(d) Maximum Numberof • One (1) per property per street frontage.
Signs DNT or US 380 corridors: Two (2) per property per street frontage.
I• Aplatted single-family or two-family subdivision shall be considered
single property for the purpose of this Section.
(e) Minimum Spacing 200 feet.
Between Signs
(f) Design • May be constructed of wood, metal, plastic, or equivalent durable
material.
Shall have attached, written, or painted in a weatherproof manner the
date of placement and the permit number of the sign, in letters not
less than one Inch (1") in height, in a conspicuous place thereon.
(g) Permitting Stipulation Single -Family, Two -Family, or Future Land Use Plan designation: Shall not
be located on a lot that contains a structure.
(h) Removal :• Single -Family, Two -Family, or Future Land Use Plan designation: The
sign shall be removed upon the completion of the Building Final
Inspection for ninety-five percent (95%) ofthe homes within the
single-family or two-family subdivision being advertised.
• Agricultural, Multi -Family, or non-residential zoning, or Future Land
Use Plan designation: The sign shall be removed prior to the issuance
of the Certificate of Occupancy for any building on the property or
ninety percent (90%) of finish out spaces within a shell building on the
property.
if Permit Required Yes.
(j) Fees Per the Town's currently adopted Fee Schedule.
(a)
Location
• Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued within
the area designated as the "Old
Town District' in the Town's Future
Land Use Plan.
• Shall be located a minimum of
fifteen feet (15') from any property
line.
(b)
Maximum Effective
Twenty square feet(20 sq. R).
Sign Area
(c)
Maximum Height
Six feet IS').
(d)
Design
The supporting structure shall be constructed ofwood-plastic composite,
metal, or plastic and painted to match the front building fagade of the
principal building on the same lot.
28
(e) Lighting
I• Mayonly be illuminated utilizinga ground lighting source where the
light itself and supporting structure are not visible from any public
right-of-way.
• Lighting fixtures shall not cast light or glare in any direction otherthan
on the elements of the sign.
All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
(f) Maximum Number of
One (1) per street frontage per lot.
Signs
(g) Minimum Spacing
Seventy-five feet (75').
between Signs
(h) Permitting Stipulation
Shall not be permitted on the same lot as a Monument or Unified
Development Sign.
(i) Permit Required
yes.
(j) Fees
Per the Town's currently adopted Fee Schedule.
(a) Location
• Permitted in conjunction with any
use for which a building permit
and/or Certificate of Occupancy has
been issued.
• Shall be located only on private real
property with the consent of the
property owner.
• No flag shall be placed in or encroach
over or onto any public rightof-way
or median and shall not be attached
to fences ortrees. ■
• Residential Shall be placed in
ground in the front or rear yard of
the lot or attached to the primary
structure.
(b) Maximum Total Area
• Residential: Forty square feet(40 sq. ft.).
• Non -Residential: Sixty square feet (60 sq. ft.).
(c) Maximum Height
• Residential: Thirty feet (30').
Non -Residential: Forty feet (40').
(d) Maximum Numberof
r Residential: Three(3).
Flags
• Non -Residential: Three (3).
(e) Lighting
All lighting shall comply with the currently adopted National Electric Code.
Any electrical work that requires an addition or extension of circuits shall
require a separate permit. j
29
(f) Support Flagpoles over twenty feet (20') in height require a professional contractor
to install.
(g) Permit Required No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(a) Location Shall be located on private property.
• Shall not be located within a distance
of (300) feet from an intersection of
two (2) public streets or thoroughfares
for the purpose of traffic and
pedestrian safety.
• May not hold or carry any prohibited
signs.
(b) Maximum Effective
Sign Area
(c) Exceptions
(d) Timeframe
(e) Permit Required
Six square feet (6 sq. ft.).
Signs may not be placed or propped on the ground or against any
structure or the sign will be considered prohibited.
Between the hours of 7:00 am and 8:00 pm.
No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(a) Location • Permitted in conjunction with non-
residential uses for which a building permit
and/or Certificate of Occupancy has been
issued.
• Minimum twenty -foot (20') setback from
front property line.
• Side and rear setback shall be equal to the
height of the sign.
• Shall be attached to the ground.
(b) Maximum Effective
Sign Area
(c) Minimum Base Size
(d) Maximum Height
(e) Maximum Number of
Signs
(f) Minimum Spacing
between Signs
Five square feet (5 sq. ft.).
Twelve inches (12").
jThirty inches (30" ).
per acre per lot, additional may be approved through a Sign
ation Plan as referenced in Section 1.13.
30
(g) Design 0
The design, materials, and finish of the base shall match those of the
front building facade of the primary structure on the same lot.
If part of an SPSD, the base shall be consistent with the building
elements and materials of the Unified Development signs and
Monument signs on the same lot.
(h) Lighting • All lighting shall comply with the currently adopted National Electric
Code.
• Any electrical work that requires an addition or extension of circuits
shall require a separate permit.
• Illuminated signs shall not operate at brightness levels of more than
0.3 foot-candles above ambient light conditions at the property line,
or at a distance equal to the square root of the area of the sign x 300
((Area of sign in ft2 x 100) whichever is closer to the sign, as
measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use orresidential district.
(i) Permit Required No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(j) Fees yes, per currently adopted Fee Schedule.
(a)
Location
Permitted in conjunction with non-residential
uses for which a Certificate of Occupancy has
GRAND
been issued.
• Shall not be located within required parking pENIN
spaces, driveways that provide access to
parking spaces, or fire lanes, nor shall the sign
or its securing devices encroach into the right-
of-way.
• Shall be secured directly to, and not
suspended from the ground.
• Shall not be placed on a roof or suspended from a building.
(b)
Maximum Effective
Forty-eight square feet(48sq. ft.).
Sign Area
(c)
Maximum Height
Thirty (30) feet.
(d)
Maximum Numberof
One per lotforthe life ofthe business.
Signs
If located within a UDZ, a maximum of one (1) is allowed within a UDZ
at any given time.
(e)
Minimum Spacing
ZOO feet.
Between Signs
31
(f) Permitting Stipulation
(g) Timeframe
(h) Removal
(i) Permit Required
0) Fees
(a) Location
�(b) Maximum Total
Sign Area
(c) Minimum Base Size
(d) Maximum Height
May only be utilized within eight (8) weeks of a business obtaining a
Certificate of Occupancy.
Permit is valid for two (2) weeks.
Shall be removed on the day of the expiration of the permit.
Yes.
Per the Town's currently adopted Fee Schedule. J
Wwk, Tenant Monument Sian:
Permitted in conjunction with non-
residential uses or on a lot
containing a multi -family use for
which a building permit and/or
Certificate of Occupancy has been
issued.
Multi -Tenant Monument Sign:
Permitted in conjunction with
multiple non-residential uses established on one (1) lot for which a
building permit and/or Certificate of Occupancy has been issued.
Single Tenant/Multi-Tenant Monument Sign:
➢ Allowed on the same lot as a Unified Development Sign, but the
total number of Unified Development Signs and Single
Tenant/Multi-Tenant Monument Signs shall not exceed the total
number of lots located within the UDZ unless additional Single
Tenant/Multi-Tenant Monuments or Unified Development Signs
are allowed in accordance with Section 1.12(B)(7)(e) and Section
1.12(B)(14)(e).
➢ Minimum fifteen foot (15') setback from all property lines. May
be reduced to one foot (1') for a monument sign located in the
City of Irving waterline easement adjacent to US 380 (University
Drive) with approval documentation from the City of Irving.
Model Home Monument Sign:
➢ Permitted in conjunction with a model home or sales trailer on a
residentially zoned property for which a building permit and/or
building final has been issued.
➢ Minimum ten foot (10') setback from front, side and rear property
lines. The front setback may be reduced to three feet (3') for
townhome lots, but the sign shall not block visibility on a corner
lot.
• Single Tenant Monument Sian: Sixty-four square feet(64sq. ft.).
• Multi -Tenant Monument Sign: Eighty square feet(80sq. ft.).
• Model Home Monument Signs: Twenty-four square feet(24 sq. ft.).
Twelve inches (12").
• Single Tenant Monument Sign: Eight feet (8').
32
Multi -Tenant Monument Sion: Ten feet(10').
Model Home Monument Sion: Four feet (4').
(e) Maximum Number of 0
Single Tenant/Multi-Tenant Monument Sian: One (1) per street
Signs frontage per lot.
• Model Home Monument Sion: One (1) per lot that a model home or
sales trailer is constructed upon. A maximum of two (2) lots per
builder in a platted single-family or two-family subdivision are allowed
to have a Model Home Monument Sign Installed.
(f) Minimum Spacing Where more than one (1) sign is allowed on a lot, the minimum spacing
between Signs required is 150 feet. The distance required between any two (2)
Monument Signs on adjacent properties is seventy-five feet (75').
(g) Design • Shall be constructed of the same primary masonry materials as the
front building facade of the principal building on the same lot and shall
be of similar architectural style. Except for model home monument
signs, all monument signs shall contain a minimum one (1) foot
masonry with mortar border around all sides.
Monument Signs shall be consistent with the building elements and
materials of the Unified Development Signs and Incidental Signs within
a UDZ. Architectural embellishments may be considered through the
review of the Sign Coordination plan, as defined in Section 1.13.
Blank panels shall be installed on Monument Signs where tenant
panels are absent.
(h) Lighting
Single Tenant/Multi-Tenant Monument Sion:
➢ May only be illuminated utilizing Internal lighting, with the
exception of sculpted aluminum panels.
➢ For sculpted aluminum panels, a ground lighting source where the
fight itself and supporting structure are not visible from any public
right-of-way may be used.
➢ A light detection device and/or photocell sensor shall be installed
as part of the sign to ensure the sign's brightness is automatically
dimmed according to ambient light conditions.
➢ No sign adjacent to a thoroughfare shall create a light nuisance or
an impairment of vision creating a hazard for vehicular or
pedestrian traffic.
Model Home Monument Sign:
➢ May only be illuminated utilizing aground lighting source where
the light itself and supporting structure are not visible from any
public right-of-way.
Lighting fixtures shall not cast light or glare in any direction other than
on the elements of the sign.
All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
Illuminated signs shall not operate at brightness levels of more than
0.3 foot-candles above ambient light conditions at the property line,
or at a distance equal to the square root of the area of the sign x 100
33
(i) Changeable Electronic
Message/Reader Board
Component
((Area of Sign in Sq. Ft. x 100); whichever is closer to the sign, as
measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
• No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use orresidential district.
• Only allowed on Single Tenant Monument Signs located on lots
adjacent to a major thoroughfare.
• Maximum fifty percent (50%) of the effective sign area.
• Shall be permitted only on properties abutting Preston Road, US 380,
and the Dallas North Tollway/Dallas Parkway.
• Frame duration shall not be less than ten (10) seconds and shall occur
simultaneously on the entire electronic sign face.
• Message transition shall not be greater than one (1) second.
• Frame effects such as flashing shall be prohibited.
• May not be used to display commercial messages relating to products
or services that are not offered on -premises.
0) Permitting Stipulation
Engineer sealed plans for the foundation of the structure is required with
permit submittal for a monument sign. Engineer sealed plans for the
entire structure is required with permit submittal fora monument sign in
excess of eight feet (8') in height.
(k) Removal
Model Home Monument Sign: Shall be removed prior to final inspection
of home when model is transitioned to a single-family dwelling or upon
removal of sales trailer from same lot.
(I) Permit Required
Yes. A sign reface requires a separate permit.
(m)Fees
Per the Town's currently adopted Fee Schedule.
(a) Location and Standards
Texas state law provides certain
restrictions on political signage at MillJOHN
polling places as well as on private400E
real property. The Town of Prosper
hereby incorporates applicable
provisions of such state law into this
Sign Ordinance. Section 216.903 of
the Texas Local Government
as amended, authorizes, among
others, the placement of signs that contain primarily a political
message on private real property with the consent of the
property owner; subject to the following:
➢ shall not have an area greater than thirty-sixsquare feet(36
sq. ft.);
➢ shall not be more than eight feet (8') in height;
➢ shall not be illuminated; or,
34
➢ shall not have any moving elements.
Signs are not permitted on Town property or within any right-of-way,
except as required by Sections 62.003 or 85.036 of the Texas Election
Code, both as amended.
Polling Place: The Town of Prosper recognizes that on occasion,
Town buildings may be utilized as polling places. Sections
61.003 and 85.036 of the Texas Election Code, both as
amended, authorize, among others, the Town to enact
reasonable regulations concerning the time, place, and manner
of electioneering, which includes the posting, use or
distribution of political signs on election days and during the
early voting period. No political signs at polling places shall:
➢ be located, affixed, or placed on any utility pole or
structure, light structure, traffic signal, or sign pole;
➢ be located in or on any public right-of-way;
➢ be placed in a location so as to impede pedestrian or
vehicular access; or,
➢ otherwise create a traffic or safety hazard.
A political sign at a polling place shall not exceed four feet (4')
in height or have a total sign area in excess of six square feet (6
sq. ft.), and shall not be illuminated or have any moving
elements.
(b) Timeframe Polling Place: Sign shall be allowed to be placed any time during the first
day of early voting or election day, whichever is applicable. The sign may
remain during the entire period of early voting. Should the polling
location also be the she of the election day voting, the sign may remain on
the site between the dates of early voting and election day voting.
(c) Removal Shall be removed within ten (10) days after the election day.
Polling Place: Shall be removed within twenty-four (24) hours of the
closing of the early voting or election day polling location as provided
above.
(d) Permit Required No, but shall comply with the above conditions.
35
(a)
Location
• Permitted in conjunction with
a lot containing asingle-family,
two-family, dwelling or multi- r
family dwelling for which a r
building final or Certificate of Will
Occupancy has been issued.
Also permitted on a residential
zoned lot owned by a Home or
Property Owners Association.
• Shall be located only on private
real property with the consent of the property owner.
Shall not be placed closer than ten (10) feet from the edge of the
street pavement.
(b)
Maximum Effective Sign
Six square feet (6 sq. ft.).
Area
(c)
Maximum Height
Four feet (4').
(d)
Maximum Numberof
Two (2) per lot.
Signs
(e) Permit Required No, but shall comply with the above conditions and specifications listed in
Section 1.08.
(a) Location
Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of
Occupancy has been issued that
includes a drive -through or drive-in.
• Drive -Through Menu Boards and
Drive -Through Pre -order Sign: shall
be located at the side or rear of the
principal building on the lot.
Drive -Through Menu Board:
Twenty-five foot (25') setback from
front property line.
(b) Maximum Effective
. Drive -Through Menu Board: Forty-eight square feet(48 Sq. ft.).
Sign Area
. Drive -Through Pre -Order Sign: Eighteen square feet(18 sq. ft.).
• Drive -In Menu Board: Nine Square feet (9 sq. ft.).
(c) Minimum Base Size
Shall be supported from the grade to the bottom of the sign having or
appearing to have a solid base on a minimum of eighty percent (80%) of
the overall sign width, not to be less than twelve inches (12") in height.
(d) Maximum Height
Six feet(61
*1
(e) Maximum Number of Drive-Throueh Menu Board: One (1) per drive -through lane.
Signs • Drive-Throueh Pre -Order Sion: One (1) at the entrance of a drive -
through lane.
• Drive -In Menu Board: One per ordering station.
(f) Minimum Spacing Drive -Through Pre -Order Sign shall be setback twenty feet (20') from a
between Signs Drive -Through Menu Board in the same drive -through lane.
(g) Design • The design, materials, and finish shall match those of the front
building facade on the same lot.
• If the drive-in stalls are covered by a canopy, the signs may be
attached directly to the canopy support columns.
(h) Lighting Internal lighting may be utilized.
• All lighting shall comply with the currently adopted National Electric
Code. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
• Illuminated signs shall not operate at brightness levels of more than
0.3 foot-candles above ambient light conditions at the property line,
or at a distance equal to the square root of the area of the sign x 100
(,(Area of Sign in Sq. Ft. x 100); whichever is closer to the sign, as
measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
• No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use or residential district.
(i) Permit Required Yes. A sign reface requires a separate permit.
(j) Fees Per the Town's currently adopted Fee Schedule.
(11) Sandwich Board (A frame) Sign
(a) Location • Permitted in conjunction with non-
residential uses for which a building I
permit and/or Certificate of Occupancy
has been issued.
• Shall be located a minimum of three feet
(3') from the curb or any adjacent street,
drive, or parking lot.
• Shall be located within ten feet (10') of
the business entrance.
• Shall not be placed in public right-of-way.
(b) Maximum Total Twelve square feet(12 sq. ft.) per side.
Sign Area
(c) Maximum Height Four feet(4').
37
(d) Minimum Clearance it placed on or adjacent to a sidewalk or walkway (that is not in a public
right-of-way), an unobstructed pedestrian clearance of at least four feet
(4') in width shall be provided adjacent to the sign.
(e) Maximum Number of
Signs
(f) Minimum Spacing
between Signs
(g) Timeframe
(h) Removal
(i) Permit Required
Q) Fees
One (1) per business or tenant.
Twenty feet(W).
May be placed on properties during business hours only.
Shall be taken inside place of business at completion of business hours
each day.
Yes.
Per the Town's currently adopted Fee Schedule.
(12) Scoreboard
(a) Location Shall be constructed within the limits of and
face into the athletic field or stadium.
(b) Lighting
(c) Changeable Electronic
Message/Reader Board
Component
(d) Permit Required
(e) Fees
lighting shall comply with the currently adopted National Electric Code.
y electrical work that requires an addition or extension of circuits shall
iuire a separate permit.
Yes.
Per the Town's Currently adopted Fee Sched
38
(13)
Subdivision Entry Sign
(a)
Location
• Shall be located within the platted
RA
L\x-
limits of a residential subdivision.LFR
• Alternative types of subdivision,I
entry signs, including, but notisrlimited
to, neighborhood entry signs�V
within an overall subdivision, shall
be approved as part of a Sign
Coordination Plan as outlined in Section 1.13.
(b)
Maximum Effective Sign
Sixty square feet (60 sq. ft.).
Area
(c)
Minimum Base Size
Minimum twelve inches (12").
(d)
Maximum Height
Eight feet(8').
(e)
Maximum Number of
One monument sign or two signs attached to screening walls (not a
Signs
combination of both) per street entrance.
(f)
Design
May be in the farm of a sign mounted to a screening wall, so long as the
sign does not project above the top of the screening wall.
(g)
Lighting
• Ground lighting where the light itself and supporting structure are not
visible from public right-of-way.
• All lighting shall comply with the currently adopted National Electric
Cade. Any electrical work that requires an addition or extension of
circuits shall require a separate permit.
(h)
Permit Required
yes.
(i)
Fees
Per the Town's currently adopted Fee Schedule.
jal Location
Permitted in conjunction with non-
residential uses for which a building
permit and/or Certificate of Occupancy
has been issued within an established
Unified Development Zone (UDZ), as
referenced in Section 1.14.
A Unified Development Sign is allowed
on the same lot as a Single Tenant/Multi-
Tenant Monument Sign, but the total
number of Unified Development Signs
and Single Tenant/Multi-Tenant
Monument Signs shall not exceed the total number of lots located
within the UDZ, unless additional Unified Development Signs and Single
Tenant/Multi-Tenant Monument Signs are allowed in accordance with
Section 1.12(B)(7)(e) and Section 1.12(B)(14)(e).
39
• Fifteen foot (15') setback from front property line. May be reduced to
one foot (1') for a Unified Development Sign located in the City of
Irving waterline easement adjacent to US 380 (University Drive) with
approval documentation from the City of Irving.
Ii(b) Maximum Total
UDZ of 10 acres or less: Eighty square feet (80 sq. ft.).
Sign Area
UDZ of over ten (10) acres: may be Increased by ten square feet (10
sq. ft.) for each acre over ten (10) acres, not to exceed a maximum 120
square feet.
UDZ of at least thirty (30) acres and signage that fronts along the DNT
or US 380 corridors: 240 square feet.
(c) Minimum Base Size
Twenty-four inches (24").
(d) Maximum Height
• UDZ of 10 acres or less: Ten feet (30').
• UDZ of over 10 acres: Twelve feet (12').
UDZ of at least thirty (30) acres and signage that fronts along the DNT
or US 380 corridors: twenty feet (24Y).
(e) Maximum Number of
One per street frontage of the UDZ.
Signs
• One additional is permitted for each additional 750 linear feet, or
portion thereof, of street frontage.
Minimum Spacing
• Seventy-five feet (75') from any Single Tenant/Multi-Tenant
I(f)
between Signs
Monument Sign and/or another Unified Development Sign within an
adjacent UDZ.
750 feet, per street frontage, from an additional Unified Development
Sign within the same UDZ.
(g) Design
• Shall be constructed of the same primary masonry materials as the
front building fa{ade of the principal or main building in the UDZ and
shall be of similar architectural style.
• Shall contain a minimum one -foot (1') masonry with mortar border
around all sides.
• No more than fifty-five percent (55%) of the area may be used for the
cabinet or text area displaying the tenants of the development.
The name of the development shall not exceed twenty percent (20%)
of the overall area.
Blank panels shall be installed on UDSs where tenant panels are
absent.
May only be illuminated utilizing internal lighting, with the exception
(h) Lighting
'..
of sculpted aluminum panels.
For sculpted aluminum panels, a ground lighting source where the
light itself and supporting structure are not visible from any public
right-of-way may be used.
• A light detection device and/or photocell sensor shall be installed as
part of the sign to ensure the sign's brightness is dimmed when
ambient light conditions darken.
No sign adjacent to a thoroughfare shall create a light nuisance or an
impairment of vision creating a hazard for vehicular or pedestrian
traffic.
40
• All lighting shall comply with the currently adopted National Electric
Code. Any electrical workthat requires an addition or extension of
circuits shall require a separate permit.
Illuminated signs shall not operate at brightness levels of more than
0.3 foot-candles above ambient light conditions at the property line,
or at a distance equal to the square root of the area of the sign x 100
(/(Area of Sign in Sq. Ft. x 100); whichever is closer to the sign, as
measured using a foot-candle meter. Illumination levels shall be
measured at an approximate height of three (3) feet above grade.
No sign or associated luminaire shall create light spillover of more
than 0.1 foot-candles at any property line within or bounding a
residential use orresidential district.
(i) Permitting Stipulation
A sign permit shall not be issued to construct or place a Unified
Development Sign on a property until:
➢ A Sign Coordination Plan is approved as provided in Section 1.13;
➢ A Unified Development Zone(UDZ) is approved by the Town
Manager as provided in Section 1.14; and,
➢ The proposed Unified Development Sign meets all of the applicable
requirements as set forth in Section 1.12(B)(14).
IQ) Permit Required
yes. A sign reface requires a separate permit.
(k) Fees
Per the Town's currently adopted Fee Schedule.
1.13 SIGN COORDINATION PLAN
A. General.
A Sign Coordination Plan is required to be prepared for Unified Development Zones, Unified
Development Signs, Subdivision Monuments, Special Purpose Sign Districts, and/or Waiver
requests.
B. Purpose.
A Sign Coordination Plan is required prior to the permitting of signs to determine overall sign
locations on a property, the relationship of the sign surrounding existing, proposed, and future
improvements, and to determine consistency and uniformity among buildings and signs within
a UDZ or residential development.
C. Application.
A Sign Coordination Plan shall contain the following information:
(1) Elevations
i. Elevations of freestanding signs illustrating the materials of construction and
maximum dimension of the signs, shown as generic sign blocks in lieu of specific signs.
R. If the sign is to be attached to a building, the elevation shall be a composite of the
generic sign block and the building to show the maximum dimension proposed.
iii. Elevations depicting the generic size of the signs in relation to the size of the buildings
within the development.
41
(2) Site Plan
i. A plan drawn to preliminary site plan or site plan specifications of the site illustrating
the location of existing and proposed signs on the property and, if required by Town
staff, on adjacent properties.
ii. For non-residential and multi -family developments, the Sign Coordination Plan shall
be submitted to the Town for review with a preliminary she plan or site plan of the
property. For single family and two-family developments, the Sign Coordination Plan
shall be submitted to the Town for review with a preliminary plat or final plat of the
property.
III. Other information to illustrate the consistency and uniformity of the signs, as required
by Town staff.
D. Procedure.
(1) A Sign Coordination Plan required of specific signs shall be submitted to the Development
Services Department.
(2) The plan shall be reviewed and considered for approval by Town staff.
(3) Should staff deny a Sign Coordination Plan, the plan may be forwarded to the Town
Manager for review and consideration upon receipt of a written appeal request. The
written appeal request shall be presented to staff in the form of a standard letter,
addressed to the Town Manager, and including a narrative describing the Sign
Coordination Plan and explaining the intent and reasoning as to why the plan should be
approved.
(4) Staff and the Town Manager may approve or deny a Sign Coordination Plan for any reason.
(5) The Town Managers decision is final.
1.14 UNIFIED DEVELOPMENT ZONE(UDZ).
A. General.
A Unified Development Zone is required to be prepared for any Unified Development Signs
throughout a specified development or area that contains multiple lots.
B. Purpose.
A Unified Development Zone is required prior to the permitting of specified signs to determine
overall Unified Development Sign locations on a property, the relationship of the sign
surrounding existing, proposed, and future improvements, and to determine consistency and
uniformity among buildings and signs within a development. Only those properties and
businesses included within the UDZ shall be allowed to be included on the Unified
Development Signs placed within said Unified Development Zone.
C. Application.
A Unified Development Zone application shall be submitted on a form provided by the Town
and contain the information as noted in the Development Manual.
D. Procedure.
(1) A Unified Development Zone required for Unified Development Signs shall be submitted
to the Development Services Department.
42
(2) The plan shall be reviewed and considered for approval or denial by Town staff in
accordance with the Sign Code. Any proposed deviations shall require the submittal of an
application for a Special Purpose Sign District.
LAS SPECIAL PURPOSE SIGN DISTRICT (SPSD).
A. General.
The SPSD is an overlay district that exclusively addresses sign regulations. It allows an
applicant, subject to approval of the Town Council, the option of designating an area where
the signs may deviate from the underlying sign regulations, to the extent so expressly provided
in the Ordinance adopting the particular SPSD. If not so expressly provided, the underlying
sign regulations shall control.
B. Purpose.
(1) Promote consistency among signs within a development thus creating visual harmony
between signs, buildings, and other components of the property;
(2) Enhance the compatibility of signs with the architectural and site design features within a
development;
(3) Encourage signage that is in character with planned and existing uses thus creating a
unique sense of place; and,
(4) Encourage multi -tenant commercial uses to develop a unique set of sign regulations in
conjunction with development standards.
C. Application.
Each applicant for the creation or amendment of an SPSD shall submit a completed SPSD
application to the Development Services Department, which shall contain all required
supporting material as listed in the Development Manual. The application shall be
accompanied by payment of the appropriate fee as established by the Town in the adopted
fee schedule, on or before a scheduled submission date. Applications shall be complete for
acceptance.
D. Procedure.
(1) Consideration forthe creation oramencimenttoan SPSD maybe initiated onlywhh written
consent of the property owners or by the Town Council on its own motion when it finds
that public benefit will be derived from consideration of such matter.
(2) The Development Services staff shall review the application and create a report for the
Town Council. Every application shall automatically be forwarded to the Town Council for
action. No change, however, shall become effective until after the adoption and
publication of an ordinance for the proposed SPSD.
(3) Town Council may vote to approve, approve with amendments and conditions, table, or
deny in whole or in part the application for any reason. If a request has been denied with
prejudice, the same or similar request may not be resubmitted to the Town for six (6)
months from the original date of denial.
E. Amendments.
(1) Amendments are classified as Minor or Major.
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(2) Minor amendments to the approved SPSD maybe approved by the Administrative Official
when the requested changes are restricted to altering the location of approved signs on
the subject property.
(3) Requests to amend the approved SPSD for additional or largersigns are classified as Major
Amendments and require approval by the Town Council.
(4) Major amendment submittals shall be allowed to be requested one (1) time within the six
(6) month period afterthe initial SPSD Ordinance is adopted.
(5) Subsequent Major amendment submittals shall be allowed one (1) time per year, based
on the date the SPSD Ordinance is adopted.
1.16 SIGN REQUIREMENTS RELIEF PROCEDURE
A. Petitionfor Waiver.
A Petition for a Waiver to a particular standard or requirement of this Ordinance is to
determine whether such particular standard or requirement should be applied to an
application or modified. A Waiver is a change to the standards, not otherwise permitted by
this Ordinance.
B. Application.
(1) A request for a Waiver to a particular standard or requirement of this Ordinance shall be
submitted on a form provided by the Town and accompanied by the prescribed fee set
forth in the Town's adopted Fee Schedule.
(2) The petition shall state the grounds for Waiver.
(3) The Applicant bears the burden of proof to demonstrate in the application the following:
i. the requirement for which the Waiver is requested imposes an undue hardship on the
Applicant;
ii. the proposed sign shall be of a unique design or configuration;
iii. the waiver is needed due to a hardship caused by restricted area, shape, topography,
or physical features that are unique to the property or structure on which the
proposed sign would be placed, and such hardship is not self-imposed;
iv. the Waiver will substantially improve the convenience and welfare of the public and
does not violate the intent of this Ordinance; and,
v. the requirement or standard will not adversely impact an adjacent property owner.
(4) Incomplete applications shall not be accepted.
(5) An application for a Waiver shall not be accepted for a sign that is prohibited by Section
1.10 of this Ordinance.
C Procedure.
(1) The Development Services staff shall review the application and create a report for the
Town Council. Every application shall automatically be forwarded to the Town Council
for consideration as a Public Hearing Item.
(2) Prior to the tenth (10) day before the Town Council Public Hearing, written notice of the
proposed Waiver shall be sent to each owner, as indicated by the most recently approved
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Municipal Tax Roll, of property within 200 feet of the property in which the Waiver is
proposed.
(3) Town Council may vote to approve, approve with amendments and conditions, table, or
deny in whole or in part the application for a Waiverfor any reason.
1.17 VIOLATIONS IN OR ON PUBLIC PROPERTY
A. Unless permitted by this Ordinance, any sign of any nature that is placed, constructed, or
maintained on public property in violation of the Sign Ordinance, shall be subject to the
following:
(1) The sign may be subject to confiscation by Town personnel.
1. Signs confiscated may be retained for a period of five (5) calendar days from the day
after confiscation;
(2) It shall be prima facie evidence that the property owner of record at the address specked
on a confiscated sign is responsible for the offense of placing, constructing, or maintaining
such sign, and upon conviction, that person shall be guilty of a misdemeanor; and,
(3) If such a sign contains no identifying information other than a telephone number, such
information shall be prima facie evidence that the property owner of record at the
telephone number specified on a confiscated sign is responsible forthe offense of placing,
constructing, or maintaining such sign, and upon conviction, that person shall be guilty of
a misdemeanor.
B. The following evidence relative to the name, address, or telephone number contained in the
following records is prima facie evidence of the contents of the record.
(1) Name.
An authenticated photograph of the sign showing the name of the person allegedly
responsible, or the sign itself.
(2) Address.
A certified copy of that section of the most recent tax roll or appraisal district record which
shows the name and address of the record property owner and an authenticated
photograph of the sign or the sign itself.
(3) Telephone Number.
An authenticated photograph of the sign or the sign itself showing the telephone number
and a copy of the most recent telephone directory showing the listing, or a letter or other
document from the telephone company showing the listed person and address at that
telephone number.
C. Any presumption contained in this Section is rebuttable and shall have the effects and
consequences set forth in V.T.C.A. Penal Code §2.05.
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1.18 RECOVERY OF IMPOUNDED SIGNS
A. Impounded signs maybe recovered by the owner within five (5) days from impoundment by
paying a fee as established by the Town in the adopted fee schedule.
B. Signs not recovered within five (5) days of impoundment maybe disposed of by the Town in
any manner it shall elect.
1.19 NEGLECTED AND ABANDONED SIGNS
A. Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited
by this Ordinance.
B. Upon written notification to the permit holder by the Administrative Official, such abandoned
signs shall be removed from the premises and neglected signs shall be repaired or removed
from the premises by the property owner, agent, or person having beneficial use of the land,
building, or structure upon which said sign is located.
C. The notification shall state that the offending sign shall be repaired or removed by the owner,
agent, or person having beneficial use of the land, building, or structure upon which such sign
is located within ten (10) days. The notification shall further state that if the sign is not
removed or repaired, a citation may be issued and the Town may resort to any civil remedy
available to remove or repair the sign, up to and including impoundment.
D. If any sign is determined to present an immediate danger to the health, safety, and general
welfare of the public, the Town shall remove it immediately. Within ten (10) days of the
removal of the sign, the Town shall notify the owner of the property on which the sign was
located of the reason(s) for removal of the sign.
E. It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to
comply with the direction of the notice. In the event of failure to comply with such notice
provided under Section 1.07(C), the Administrative Official is hereby authorized to cause the
removal and impoundment of such sign. Any expenses incident thereto shall be the
responsibility of the owner, agent, or person having beneficial use of the land, building, or
structure upon which such sign was located.
1.20 NONCONFORMING SIGNS
A. A nonconforming sign:
(1) Was in existence and lawfully placed prior to the effective date of this Ordinance;
(2) Was in existence and lawfully located and used in accordance with the provisions of the
prior Ordinance applicable thereto, or which was considered legally nonconforming
thereunder, and has since been in continuous or regular use; or,
(3) Was in existence, located, and used on the premises at the time it was annexed into the
Town and has since been in regular and continuous use.
B. Any nonconforming sign and its supporting structure, which is destroyed, damaged,
dilapidated, or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part,
if such replacement, repair, or renovation would require an expenditure of monies in excess
of sixty (60) percent of the cost of a new sign, including its supporting structure, which is
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substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated,
or deteriorated. Changing an internal panel of a nonconforming sign is permitted in all cases.
C. No sign or supporting structure, which is lawfully reproduced, repaired, or renovated as a
nonconforming sign, shall be increased in area or height.
D. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing
nonconforming sign hereunder may be relocated on the same lot or tract of property upon
which the sign is located in, when acquired by any governmental agency or other entity which
has or could have acquired the property through the exercise of its power of eminent domain.
Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of
this Ordinance.
E. A nonconforming sign in the Town or its extraterritorial jurisdiction (ETJ) may be relocated,
reconstructed, or removed as provided by law including, but not limited to, Chapter 216 of the
Texas Local Government Code as it exists or may be amended.
F. If a nonconforming sign is required to be relocated, reconstructed, or removed by the Town,
the Mayor shall appoint a municipal board in accordance with Section 216.004 of the Texas
Local Government Code, as it exists or may be amended, to be known as the "Municipal Board
on Sign Control for Nonconforming Signs". Once appointed, Board members shall serve for
two (2) year terms unless they are removed by the Mayor, they resign, they fail to qualify to
serve, or are otherwise removed.
1.21 APPEALS
Allegations of errors in orders, decisions, or determinations by the Administrative Official in
administration of the sign regulations shall be made in writing by the applicant and heard by the
Town Council. An application for such appeal may be obtained from the Town. The Town Council
shall hear, if possible, the allegation of errors within thirty (30) days after receipt of a completed
application and applicable application fees. The application will require written authorization from
the property owner. The Town Council's decision is final.
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