02-25 - O2002- 0147733
TOWN OF PROSPER ORDINANCE NO. 02-25
AN ORDINANCE BY THE TOWN OF PROSPER ADOPTING SIGN C:)
REGULATIONS; AMENDING SECTION 13 (SIGN REGULATIONS) OF �t
PROSPER'S COMPREHENSIVE ZONING ORDINANCE NO. 84-16 BY N
DELETING SAID SECTION; REPEALING ORDINANCE NO. 99-33; W
REGULATING THE HEIGHT, NUMBER OF SIGNS, SIZE, AND
PLACEMENT OF SIGNS LOCATED, OR TO BE LOCATED WITHIN THE 0
0
TOWN LIMITS OR ITS EXTRATERRITORIAL JURISDICTION; PROVIDING 00
UNIFORM REGULATIONS FOR THE DIFFERENT CLASSES OF SIGNS; tV
PROVIDING FOR AN APPEAL; PROVIDING FOR A PENALTY FOR THE Cn
VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to adopt this ordinance regulating the use of signs within the
Town of Prosper.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that the Town of Prosper, Texas ("Prosper") Comprehensive Zoning
Ordinance No. 84-16 should be amended to delete Section 13 (Sign Regulations) and that
Ordinance No. 99-33, which amended Section 13, should be repealed; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to establish an
ordinance independent of Comprehensive Zoning Ordinance No. 84-16 that regulates signs
within Prosper and its extraterritorial jurisdiction; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to prevent potential
traffic hazards resulting from the signs' distractions and locations; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to prevent nuisances
and invitations to vandalism; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to avoid obstructions to
police and citizen views as a means of crime prevention; and
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WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to avoid obstructions to
emergency services; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to create a neat and
orderly appearance throughout Prosper; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to create a means of
safely identify a place of business and the services available on the premises without creating
esthetic offenses and harm; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to support the general
economic development of Prosper; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to support the general
welfare of the citizens and to maintain the historically small town atmosphere during a time of
growth by providing for a means to communicate information related to the residential
community, civic activities and government; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to insure a
noncommercial atmosphere in residential areas; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to maintain open
spaces by setbacks;
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to create appropriate
and orderly commercial and residential atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to maintain the privacy
of the home and limit what an unwilling viewer must be exposed to relative to the enjoyment of
the investment made in the home; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Prosper to enhance property
values and psychological well-being for individuals and families;
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WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Prosper's Comprehensive Zoning Ordinance No.
84-16 and establish sign regulations as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Prosper's Comprehensive Zoning Ordinance. Section 13
(Sign Regulations) of Prosper's Comprehensive Zoning Ordinance No. 84-16 is hereby deleted in
its entirety.
SECTION 3: Repeal of Prosper Ordinance No. 99-33. Town of Prosper Ordinance No.
99-33, which amended Section 13 of the Comprehensive Zoning Ordinance, is hereby repealed in
its entirety.
SECTION 4: Sign Regulations Established. Sign regulations for Prosper are established
as follows:
A.
GENERAL PROVISIONS
1.01- DEFINITIONS:
For the purpose of this Ordinance, the following words and phrases shall have the
meanings herein ascribed to them:
APARTMENT NAME SIGN: An accessory sign for the identification of an apartment
building or complex of apartment buildings. An apartment name sign shall be of the monument
type and shall not be of the flashing intermittently lighted type.
BUSINESS ZONING DISTRICTS: Districts R, O, C, I and COR as described and
identified in the Prosper Comprehensive Zoning Ordinance No. 84-16, as it currently exists or
may be amended.
COMMERCIAL BILLBOARDS: A structure directly attached to the land or a building,
having one or more spaces used to display a sign or advertisement, is leased or rented, and does
not advertise the principal business located on such premises.
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CONSTRUCTION SIGN: A temporary (less than 6 months) accessory sign identifying
the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee
engaged in the design, construction or improvement of the premises on which the sign is located.
A construction sign shall not exceed sixty (60) square feet in area.
GROUND SIGN: Any sign which is erected on a vertical framework consisting of two
(2) or more uprights supported by the ground.
INSTITUTIONAL SIGN: A sign (1) listing church services, (2) a directory sign
identifying the use of or listing the names, use and location of various services, offices or
activities within a building or group of buildings of (a) a public or semi-public use, (b) a
charitable use, or (c) a medical center.
MARQUEE SIGN: Any sign erected on a marquee or fixed awning.
MONUMENT SIGN: Any detached sign constructed of masonry with no apparent poles
or supports, and no separation between the base of the sign and grade. All monument signs shall
be compatible and with complimentary color of the individual building that the sign is associated
with and shall be lighted by internal lighting or spot lights on the ground.
NON -BUSINESS ZONING DISTRICTS: Districts SF, MF, PD and REC as described
and identified in the Prosper Comprehensive Zoning Ordinance No. 84-16, as it currently exists
or may be amended.
PARAPET WALL SIGN: Any sign erected on the top surface of a parapet wall.
PERSON: Any person, firm, partnership, corporation, company, organization or business
entity of any kind.
PERSONAL PROPERTY SALE SIGN: A temporary sign advertising personal property
for sale on the premises on which the sign is located.
POLE SIGN: Any sign supported by one or more free standing pole(s).
POLITICAL SIGN: A sign (1) relating to the election of a person to a public office, (2)
relating to a political party, or (3) relating to a matter to be voted upon at an election called by a
public body.
PORTABLE SIGN: Any sign not permanently attached to the ground or to a building or
structure.
PROJECTING SIGN: Any sign which projects from a building and which has one end
attached to a building or other permanent structure.
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REAL ESTATE DIRECTIONAL SIGN: A temporary sign directing the public to homes
for sale within the Town.
REAL ESTATE SIGN: A temporary sign placed upon property advertising that particular
property for sale or for rent, or for lease.
SIGN: The term "sign" shall, in addition to its usual definition, mean any structure
erected for the purpose of advertising of attracting attention to any business or activity and shall
include exterior neon tubing, window signs and outline lighting.
SNIPE SIGN: Any sign attached to any public or private utility pole or structure, tree,
fence post, stake, or similar structure located in any easement or public right-of-way; or any sign
located on private property when the contents of the sign do not pertain to a person, activity, idea,
business or product being sold, promoted or expressed on the premises where the sign is located.
ROOF SIGN: Any sign erected on a vertical framework supported by and located
immediately and entirely over the roof of a building.
TEMPORARY REAL ESTATE OPEN SIGN: A sign not exceeding three (3) square feet
in area on which appears only the word "open," the name of the real estate company or home
owner, and a directional arrow.
WALL SIGN: Any sign erected flat against a wall, supported by the wall, and having the
sign face parallel to and not more than twelve (12) inches from the wall surface. Neon tubing
attached directly to a wall surface shall be considered a wall sign.
WINDOW SIGNS AND OUTLINE LIGHTING: Any neon sign or tubing installed on the
inside of a window, other than interior merchandising sings of the plug-in type.
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2.01 - SIGN CONTRACTOR'S LICENSE:
(A) No person shall install, erect or maintain any sign, or contract for such service, until
such person has applied to the building inspector for a license to install, erect and maintain signs,
and until such license has been approved and issued. The fee for such license shall be one
hundred dollars ($100.00) per year payable on the first day of January of each year. An original
license taken out after the first day of January shall be prorated.
(B) The license of any sign contractor may be canceled by the Town Council upon the
recommendation of the building inspector, when such contractor persistently violates the
requirements of this Ordinance. Conviction in court, whether appealed or not, on three (3)
violations over a period of two (2) years, shall constitute evidence of persistent violation. Any
license thus canceled shall not be renewed for such contractor or anyone operating in concert
with such contractor until all such violations has been corrected. Upon correction of violations,
the contractor's license may be renewed; upon furnishing the bond required in Section 3.
(C) Any denial or nonrenewal of a license may be appealed in writing to the Town
Council within ten (10) days of notice of such denial or nonrenewal pursuant to Section 27.
3.01 - SIGN CONTRACTOR'S BOND:
(A) No license for the installation, erection and maintenance of signs shall be issued to
any person nor shall any person install, erect or maintain any sign or medium of display or
advertising, electric or otherwise, until such person has filed with the town secretary a surety
bond in the sum of five thousand dollars ($5,000.00). Such bond shall be approved by the town
treasurer and shall be conditioned for the installation and erection of signs in accordance with the
ordinances of the town and the laws of the state, and shall provide for the indemnification of the
town for any and all damages or liability which may accrue against it by reason of faulty
installation, erection, demolition, repair, removal or defects in, or collapse of, any sign for a
period of one (1) year after erection and for such period of time that such sign is maintained or
serviced by or under the direction of the maker of such bond. 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 principle name in the bond is legally liable.
(B) When any sign contractor's license has been canceled as provided in Section 2, such
licenses shall not be renewed until the contractor furnishes an additional bond in the amount of
five thousand dollars ($5,000.00) guaranteeing compliance with the provisions of this Ordinance,
which bond shall be for a period of two (2) years following renewal of the license.
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4.01 - PERMIT TO ERECT OR INSTALL:
(A) PERMIT REQUIRED; No sign of any character other than those listed in the
following Sections shall be erected on the ground, or suspended from or attached to any building
or structure, until a permit for such work has been issued by the building inspector. Signs of any
character which are not specifically provided for in this Ordinance may be erected only by special
permission from the Town Council.
(B) EXCEPTIONS TO PERMIT REQUIREMENTS. A permit shall not be required for
any of the following types of signs under the following conditions:
(1) Nonilluminated signs painted directly on the wall of a building.
(2) Nonilluminated wall signs not over two (2) feet in height or ten (10) square feet in
area, when erected flat against the face of a business or public building.
(3) Nonilluminated wall signs, not over one (1) square foot in area, displaying the name
and profession of the occupant of the building.
(4) Nonilluminated wall or ground signs advertising the sale, lease or rental of the
premises on which such sign is located, when such sign is erected in a business or
industrial district and does not exceed ninety six (96) square feet in area, or when such
sign is erected in a dwelling or apartment district and does not exceed eighteen (18)
square feet in area.
(5) Signs erected by the municipal, state or federal government for the purpose of public
instruction, street or highway designation, control of traffic and similar uses incidental to
the public interests.
(6) Signs of a warning, directive or instructional nature erected by a public utility or
transportation organization which operates under a franchise from the town permitting the
use of public property for the display of such signs, provided such signs shall be deemed
by the building inspector to be necessary for the successful operation of the utility, and
provided that special permission for their erection is granted by the Town Council.
(7) Special event signs. Permission may be granted by the building inspector as a special
privilege to civic organizations and other nonprofit organizations to erect signs promoting
special events or activities of such organization at the locations and times and under the
conditions specified by the building inspector, and for not more than thirty (30) days.
(8) Personal property sale signs. Permission is granted as a special privilege for dwelling
occupants for the erection of nonilluminated, personal property sale signs to be erected in
the required fifteen (15) feet to any street curb line, provided, that only one such sign not
exceeding three (3) square feet may be erected on the dwelling premises, but shall be
limited to display of such signs a maximum of seven (7) days in a calendar year.
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(9) Real estate directional signs. Permission is granted as a special privilege to home
builders to erect temporary, nonilluminated directional signs for weekend advertising.
Signs shall not be placed earlier than 1:00 p.m. Friday and shall be removed no later than
1:00 p.m. the following Monday. Such signs and their placement must be approved by
the building inspector. Any signs in place prior to or after the appointed times will be
removed and impounded by the Town. Each home builder may erect a maximum of four
(4) signs at any time for each subdivision in which the home builder is currently building
in Prosper's town limits.
(10) Political signs. Permission is granted as a special privilege to candidates for
political office to erect temporary, nonilluminated political signs not exceeding six (6)
square feet in area, on private property, with consent of property owner, no closer than ten
(10) feet to any street curb. Such signs shall not be erected sooner than thirty (30) days
prior to the election that the sign pertains to, and must be removed within five (5) days
after the election.
(11) Real estate signs, residential. No permit will be required for a temporary real estate
sign, not exceeding eight (8) square feet in area, when it is located no closer than fifteen
(15) feet from the curb or pavement edge.
(12) Real estate signs, other. Permission is granted as a special privilege to any business,
apartment owner, builder, or developer to erect temporary real estate signs, not exceeding
sixty-four (64) square feet in area, without waiver of permit, under the following
conditions:
(a) apartment and other commercial signs must be removed within one year (1)
after issuance of certificate of occupancy.
(b) residential developers/builders may, after approval and consent by the Town
Council, erect temporary signs for a period not to exceed one (1) year in any
district.
(13) Project signs. Developers/builders offering residential or business property in
parcels or lots for sale are granted special permission to erect project signs, not exceeding
four hundred (400) square feet in area, or thirty (30) feet in height. One sign per project,
or one sign per one hundred (100) acres is authorized. A permit is required, and all signs
must be removed when ninety-five (95) percent of the lots or parcels have been sold.
(14) Construction signs. Temporary construction signs, not exceeding sixty-four (64)
square feet in area, no closer than twenty-five (25) feet to any street right-of-way line,
providing that such signs shall not be erected prior to the issuance of the building permit
for the project the signs pertain to. Such signs may be erected and maintained only during
the duration of the construction.
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(15) Grand opening or special sales signs. Permission is granted as a special privilege to
any business in a properly zoned area to display flags, banners and balloons for a period
not to exceed two weeks in any calendar year in connection with grant openings or special
sales being conducted by said business. Such signs and their placement must be approved
by the building inspector. Such flags, banners, and balloons may be erected and
maintained only during such two -week period.
(16) Christmas decorations and displays. Christmas decorations and displays shall be
exempt during the period beginning the fourth Monday in November of each year and
ending the first Monday after January 1 st of the next succeeding year.
(17) Political signs on vehicles. Permission is granted as a special privilege for the
placement of political signs, as defined in or upon a motor vehicle if such sign does not
exceed six (6) square feet in area and does not project from the front, side or rear surfaces
of such vehicle. Said sign shall not be illuminated and shall not be placed thereon sooner
than thirty (30) days prior to the election the sign pertains to, and must be removed within
five (5) days after the election.
(B) TO WHOM ISSUED. No permit for the erection of any sign shall be issued to any
person other than those licensed and bonded in the town in accord with this Ordinance.
(C) NOT TO ISSUE FOR PROHIBITED LOCATIONS. No permit shall be issued
under this section for any sign in a district where signs are prohibited by Prosper's
Comprehensive Zoning Ordinance and any amendments thereto.
(D) FEES. The fee for sign permits shall be based upon the fee schedule prescribed.
Area of Sign
Fee
Up to 50 square feet
$25.00
51 to 100 square feet
67.50
101 to 150 square feet
100.00
151 to 200 square feet
150.00
201 to 250 square feet
200.00
251 square feet or above
250.00 + 1.00 per sq. ft.
in excess of 250 sq. ft.
5.01- PERMIT TO ALTER, REPAIR. ENLARGE. ETC.:
(A) No sign shall be altered, rebuilt, enlarged, extended, replaced or relocated, nor shall
sign faces be renewed or neon tubing be rearranged when the value of such work exceeds twenty-
five dollars ($25.00), except upon the issuance of a permit by the building inspector, and all work
under such permit shall be in conformity with the requirement of this Ordinance. Signs which
have been erected in conformance with this Ordinance and with Prosper's Comprehensive
Zoning Ordinance and any amendments thereto, and which have been damaged by windstorm or
other natural causes, may be repaired without first securing a permit.
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(B) The changing or movable parts of signs which are designed for changing, or the
repainting of display matter or the repairing of damaged neon tubing while a sign is in place shall
not be deemed to be alterations. Changing of copy on any existing sign shall be deemed an
alteration.
(C) The fee for a permit under this Section shall be the same as prescribed by Section
4.01.
6.01- IDENTIFICATION MARKING REOUIRED:
Every sign erected after adoption of this Ordinance shall have painted, in a conspicuous
place thereon, in letters not less than one inch in height, the date of erection, the permit number,
voltages and the name of the maker of erector of the sign.
7.01- ASSUMED WIND LOAD FOR DESIGN PURPOSES:
For the purposes of design of structural members in signs, an assumed wind load of
twenty (20) pounds per square foot shall be used.
8.01- ILLUMINATED SIGNS:
(A) All illuminated signs shall be wired in accordance with the requirements of the town
electrical code.
(B) No sign shall be illuminated to an intensity to cause glare or brightness to a degree
that could constitute a hazard or nuisance.
9.01- ATTACHMENT TO FIRE ESCAPES PROHIBITED:
No sign shall be attached in any manner to any fire escape or to the supporting members
of any fire escape, nor shall it be guyed to or supported by any part of the fire escape.
10.01- ACCUMULATION OF RAINWATER PROHIBITED:
All signs shall be constructed so as to prevent the accumulation of rainwater in the sign.
11.01- NOT TO AFFECT STABILITY OF PARAPET WALL:
No sign shall be erected so as to affect the stability of any parapet wall.
12.01 - LOCATION NEAR TELEPHONE CABLE POWER LINE OR STREET LIGHT:
No sign shall be erected nearer than two (2) feet from any telephone cable, power line or
any street light standard.
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13.01 - NOT TO BLOCK OR INTERFERE WITH EXITS OR WINDOWS:
No sign shall be so erected as to block, partially block, or interfere in any way with a
required means of exit from any building nor with any window.
14.01 - LOCATION ON VACANT BUILDING:
No sign shall be permitted to remain on any vacant building, except a sign pertaining to
the lease or sale of the building, or a sign which is under lease from an owner or his agent, when
such sign is maintained by a person operating under his own bond.
15.01- POSTING IN SPECIFIED AREAS PROHIBITED, GENERALLY:
No person shall post or cause to be posted, attach or maintain any sign upon:
(A) Any public right-of-way or public area unless specifically excepted herein;
(B) Any tree, public or private utility pole or structure, or any fence post;
(C) The outside of any fence, railing or wall, which is not a structure, except for a
nameplate sign;
(D) On sidewalk, curb, gutter, or street, except for house numbers.
15.001- MERCHANDISE DISPLAY PROHIBITED, EXCEPTIONS:
No person shall drive on, suspend from any building, or pole, structure, sidewalk,
parkway, driveway or parking area any goods, wares, merchandise or other advertising object or
structure for the purpose of advertising such items, other than a sign as defined, regulated and
prescribed by this Ordinance, except as otherwise allowed by town ordinance. Items normally
placed on service station pump islands shall not be prohibited by this Section.
15.002 -BALLOON OR OTHER FLOATING DEVICE ANCHORED TO THE GROUND
OR STRUCTURE:
No person shall erect, maintain or permit the erection of any balloon or other floating
device anchored to the ground or to any structure, except as allowed by other provisions of this
Ordinance.
15.003 - PORTABLE SIGNS:
Portable signs may be permitted for a two (2) week period in any one (1) calendar year
upon application and approval by the Town Council or its designee.
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SECTION 15.004 - MOBILE OR PORTABLE SIGNS:
It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where
the primary use of such structure is to provide a base for such sign or constitute the sign itself.
This provision does not restrict the identification signs on vehicles used for any bonafide
transportation activity.
SECTION 15.005 — VEHICLE "FOR SALE" SIGNS PROHIBITED: EXCEPTIONS:
"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 .right-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, town home, or multi -family dwelling unit is permitted.
SECTION 15.006 — SNIPE SIGNS PROHIBITED:
Snipe signs are prohibited and may be immediately removed and disposed of without
prior notice to the owner of the sign or property on which the sign is located.
16.01- GLASS PANELS IN SIGNS OVER PUBLIC PROPERTY:
Glass or other transparent panels in signs over public property shall not exceed twelve
(12) square feet in any one section. Glass shall be secured in a manner approved by the building
inspector.
17.01- INSPECTION:
Inspection of all signs shall be made, and regulations for the method and time of such
inspections shall be determined by the building inspector. Each holder of a license under this
Ordinance shall be kept informed of and be governed by such regulations. Deposit in the mail,
directed to the address shown on the license, shall constitute due notice of changes in such
regulations.
18.01 - PROHIBITION AND REMOVAL OF DANGEROUS SIGNS OVER STREETS
AND SIDEWALKS AND SIGNS INTERFERING WITH TRAFFIC DEVICES.
SIGNALS:
(A) Removal of Dangerous Signs Over Streets and Sidewalks. If in judgment of the
building inspector, any sign erected or maintained over, along or across any sidewalk or public
street becomes dangerous to life or limb or proves to be an obstruction to the proper operation of
the fire department, it shall be the duty of the building inspector to remove and impound the
dangerous sign after written notice to the owner or operator of the property, structure or building.
The building inspector shall be the sole judge as to the existence of such a dangerous condition.
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(B) Interference with Traffic Devices, Signals Prohibited and Removal of Such Signs. In
order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or
maintain any sign in such a manner as to obstruct free and clear vision or at any location where
by reason of position, shape, color degree, manner or intensity of illumination, it may interfere
with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or
maintained in such manner as to be likely to interfere with, obstruct the view of, or be confused
with any authorized traffic sign, signal or device. Accordingly, no sign shall use of the words
"stop," "go," "look," "slow," "danger," or character or employ any red, yellow, orange, green or
other colored lamp or light in such a manner as to interfere with, mislead or confuse traffic. It
shall be the duty of the building inspector to remove and impound the interfering sign after
written notice to the owner or operator of the property, structure or building. The building
inspector shall be the sole judge as to the existence of such interference or confusion.
(C) The building inspector's decision to remove and impound an interfering or dangerous
sign may be appealed in writing to the Town Council within ten (10) days of such removal
pursuant to Section 27.01.
19.01- PROHIBITED SIGNS:
The following types of signs shall be prohibited in all zoning districts, and no permit shall
ever be granted for:
(1) Commercial billboards;
(2) Ground signs;
(3) Roof signs;
(4) Pole signs;
(5) Signs which move and/or are animated by means of flashing, traveling or blinking
lights, or other means not providing constant illumination; provided however,
time and temperature signs shall be permitted but shall not be located within forty
(40) feet of the right-of-way or within forty (40) feet of a street intersection;
(6) Appendages to primary signs which have flashing, blinking, or traveling lights;
(7) Any sign which emits audible sound, odor, or visible matter;
(8) Banners, pennants, and searchlights located anywhere upon the development site
or upon the sidewalk, curb, or right-of-way adjacent to the development site; provided
however, banners and pennants shall be permitted for a period not to exceed thirty
(30) days for grand openings once a written permit for such signs has been obtained
from the Town of Prosper; and banners and pennants shall be permitted for a period
not to exceed thirty (30) days for special promotions and/or sales once a written
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permit has been obtained from the Town of Prosper, provided that the same shall not
be permitted for more than two (2) separate promotional and/or sales events in a
calendar year; or
(9) A sign, whether temporary or permanent, directing the public to new or used
homes for sale outside of the Town limits.
20.01- NUISANCES: REMOVAL OF PROHIBITED SIGNS:
(A) All signs listed in Subsection (C) below shall be considered a public nuisance and
are prohibited by this Ordinance. Upon written notification by the building inspector, such signs
may be removed from the premises and impounded. The notification shall state that the
offending sign shall be 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 after written
notification to do so by the building inspector. The notification shall further state that if the sign
is not removed within twenty-four hours a citation may be issued and the Town may resort to any
civil remedy available up to and including impoundment.
(B) 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 failure to comply with such notice
provided under Section 20 (A), the building inspector 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.
(C) The following signs are considered a nuisance and are prohibited by this Ordinance:
(1) Any sign erected without a permit, either prior to or after the adoption of this
Ordinance, if a permit was required.
(2) Any sign erected in violation of the provisions of this Ordinance.
(3) Any sign erected in or over a public right-of-way, either prior to or after the adoption
of this Ordinance.
(D) Any notice to remove or any sign removal by the building inspector may be appealed
in writing to the Town Council within ten (10) days of such notice or removal pursuant to
Section 27.01.
21.01- IMPOUND SIGNS - RECOVERY:
(A) Impounded signs may be recovered by the owner within fifteen (15) days after
written notification of impoundment by paying a fee as follows:
(1) A fee of five dollars ($5.00) for signs which are six (6) square feet or less in area.
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(2) A fee of ten dollars ($10.00) for signs which are larger than six (6) square feet in area.
(B) Any impoundment may be appealed in writing to the Town Council within ten (10)
days of impoundment pursuant to Section 27.
(C) Signs not appealed pursuant to Subsection (B) above or recovered within fifteen (15)
days of impoundment may be disposed of by the Town of Prosper in any manner it shall elect.
22.01-EXISTING SIGNS, GENERALLY:
Signs, except those which the town is empowered to impound, and except as provided for
in removal of nonconforming existing signs, lawfully in existence on date of ordinance approval
may continue to be used and repaired but not altered or moved unless they shall be made to
conform with the provisions of this Ordinance. If a nonconforming sign is removed or destroyed,
any new sign or rebuilding of existing sign must conform to this Ordinance.
23.01- REMOVAL OF NONCONFORMING EXISTING SIGNS:
(A) Nonconforming existing signs may be required to be removed by the building
inspector in accordance with the following:
(1) Signs costing less than one hundred dollars ($100.00) to move must be removed
within sixty (60) days of the date of written notice from the building inspector.
(2) Signs costing more than one hundred dollars ($100.00) but less than five hundred
dollars ($500.00) to move must be removed within one hundred eighty (180) days of the
date of written notice from the building inspector.
(3) Signs costing more than five hundred dollars ($500.00) to move must be removed
within 6 months of the date of written notice from the building inspector.
(B) The building inspector's determination that an existing sign has a nonconforming
status or the notification of removal of such nonconforming sign may be appealed in writing to
the Town Council within ten (10) days of such determination or notice pursuant to Section 27.
24.01- MAINTENANCE OF SIGNS:
The owner of any premises upon which a sign is located, or the owner of any sign, shall
be responsible to maintain the sign at all times to comply with minimum structural requirements
as contained herein for safety purposes.
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25.01- COMPLIANCE WITH BUILDING CODE:
All sign structures shall comply with minimum standards established by the building code
unless standards as described herein are more restrictive, then provisions of this Ordinance shall
apply.
26.01- COMPLIANCE WITH COMPREHENSIVE ZONING ORDINANCE:
All sign structures shall comply with the Prosper Comprehensive Zoning Ordinance No.
84-16, as it currently exists or may be amended.
27.01- APPEAL AND BOND:
All appeals for variances or from denials, nonrenewals or adverse decisions of the
building inspector under this Ordinance shall be made to the Town mayor or his designee. An
appeal shall be filed in writing with the Town mayor within ten (10) days of the occurrence of the
denial, nonrenewal, or adverse decision of the building inspector. The Town mayor or his
designee shall seek to hear the appeal within (30) days after notice of such a request. The Town
mayor or his designee shall have the power to authorize a variance from the terms of this
Ordinance or to reverse a decision of the building inspector where he finds that: i) such variance
or reversal will not be contrary to the public interest, ii) owing to special conditions, a literal
enforcement of the provisions of this Ordinance or compliance with the building inspector's
decision will result in unnecessary hardship; and iii) the spirit of this Ordinance shall be observed
and substantial justice done. All decisions of the Town mayor or his designee shall be subject to
review by the Town Council at one of its regularly scheduled meetings. The decision of the
Town mayor or his designee will be final unless reversed by the Town Council. The Town
Council's failure to take action upon any such appeal shall constitute approval of the decision by
the building board of appeals.
Pending appeal, return of the sign may be accomplished by submitting in cash a twenty
five dollar ($25.00) appearance bond with the building inspector.
28.01- NOTICE:
Notice pursuant to Sections 18.01-26.01 above shall be sufficient if it is effected by
personal delivery, registered or certified mail, return receipt requested, and/or depositing the
notice with the United States mail.
29.01 RESERVED FOR FUTURE USE
ORDINANCE REGULATING USE OF SIGNS - Page 16
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05213 00842
B.
REGULATIONS FOR SPECIFIC TYPE OF SIGNS
30.01 - APPLICATION OF LIMITING DIMENSIONS PRESCRIBED:
The limiting dimensions given in the detailed requirements of this Ordinance include all
ornamentation unless otherwise specifically stated.
31.01-PARAPET WALL SIGNS:
(A) Parapet wall signs, when illuminated, shall be constructed entirely of incombustible
materials. Parapet wall signs may have frames and moldings of wood and may have cut-out
wood letters when same are attached to two (2) or more metal stringers. Individual letters
erected on a parapet wall shall be constructed of incombustible material.
(B) Parapet wall signs shall not be more than four (4) feet in height measured from the
top of the parapet wall to the top of the sign and shall not occupy more than seventy-five (75)
percent of the length of the wall on which erected. Attachment of such signs shall not damage or
affect the stability of any parapet wall.
32.01- MARQUEE SIGNS:
(A) Signs erected on the faces of a marquee and built as an integral part of a marquee
shall be constructed entirely of incombustible materials. Attraction boards having
interchangeable letters and built as an integral part of a marquee shall not exceed seven (7) feet in
height nor thirty (30) feet in length. Open ornamentation or open letters not more than three (3)
feet in height may be erected on top of such attraction boards but shall not occupy more than
seventy-five percent of the length of the attraction board.
(B) Signs erected on the top or edge of existing marquees or fixed awnings shall follow
the contour of the marquee and shall be constructed entirely of incombustible materials, except
that signs not exceeding twenty-four (24) square feet in area may have wood frames and
mouldings. Such signs shall not exceed four (4) feet in height and shall not occupy more than
seventy-five (75) per cent of the length of any face of the marquee or fixed awning.
(C) Marquee signs shall not project more than twelve (12) inches beyond the face of the
marquee nor within one (1) foot back of any curb and shall be attached to the marquee so that no
water from the marquee roof may fall to the sidewalk from openings between the sign and the
marquee.
(D) Signs hung from the soffit of a marquee or fixed awning shall be constructed entirely
of incombustible materials except that such signs, when and not exceeding eighteen (18) square
feet in area, may have frames and moldings of wood. The bottom of such signs shall be not less
than nine (9) feet above the sidewalk below and the outer end shall not be less than one (1) foot
back of any curb.
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`i' 273 �10843
33.01- WALL SIGNS:
(A) No part of any wall sign shall be located within nine (9) feet of the grade
immediately below, except when the sign is entirely over private property and not over a
sidewalk used by the public. Neon tubing, when placed directly on the face of an exterior wall,
shall not be less than nine (9) feet above the grade immediately below.
(B) Flat signs made of metal or glass and placed directly on the face of a wall may be set
at any height above the grade, provided such signs do not project more than two (2) inches from
the face of the wall.
(C) Wall signs shall be constructed entirely of incombustible materials, except that wall
signs may have frames, stiffeners, mouldings and cut-out letters of wood when such letters have
not less than two (2) points of attachment.
(D) When projections on the wall face prevent the erection of the sign flat against the
wall face, the space between the back of the sign and the wall shall be closed at top, bottom and
ends with incombustible materials such as sheet metal or hardware cloth.
34.01 - WINDOW SIGNS AND OUTLINE LIGHTING TO CONFORM TO
ELECTRICAL CODE:
The installation of any illuminated sign or neon tubing on the inside of any window shall
conform to the requirements of the town's electrical code.
35.01- REMOVAL OF REAL ESTATE SIGNS:
Real estate signs shall be removed as soon as the property advertised is sold, leased or
rented, except that a sign not exceeding two (2) square feet in area and displaying the single word
"SOLD" may remain on the property for a period not to exceed fourteen (14) days.
36.01— 50.01 RESERVED FOR FUTURE USE
C.
DESIGNATED LAND USE FOR SPECIFIC TYPES OF SIGNS
51.01-SIGNS PERMITTED IN RESIDENTIAL AREAS:
The following types of signs are permitted in areas zoned for single-family, two-family,
or multi -family residential purposes according to the official zoning ordinance:
(A) NAMEPLATES. Nameplates, with a maximum area of two (2) square feet and
restricted to the name and address of the occupant only, one sign per address, are permitted.
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s273 n08'�4
(B) INSTITUTIONAL SIGNS. The maximum area shall be thirty-two (32) square feet
(fifty (50) square feet for senior high schools). This section pertains to uses normally permitted
in residential areas, and uses heretofore, or thereafter, permitted in such areas by special use
permit, unless further restricted by the special use permit. The number of signs permitted by this
section is one sign per street frontage. The maximum height shall not exceed twenty (20) feet
when located beyond the established building line. Setback from property line shall be fifteen
915) feet for any sign hereafter erected. Existing signs that so not meet the minimum standards
shall not be considered as nonconforming signs.
(C) APARTMENT SIGNS. Apartment signs are permitted in districts zoned for multi-
family purposes only and the maximum area shall not exceed forty (40) square feet. One sign per
street frontage will be permitted. All apartment signs shall be monument signs.
52.01- SIGNS PERMITTED IN BUSINESS DISTRICTS:
The following types of signs are permitted in areas zoned for office, local retail,
commercial and industrial purposes, according to the official zoning ordinance:
(A) MARQUEE FLAT WALL, PARAPET, GENERAL IDENTIFICATION SIGNS. In
office districts all signs shall be limited to the marquee flat wall or parapet type, except that one
general identification sign may be provided for separate office complex developments of one acre
or more, as defined by a site or development plan approved by the planning and zoning
commission. The sign shall not exceed fifty (50) square feet in area, or a height of four (4) feet
from grade, and must be located at least fifteen (15) feet from the curb or pavement edge.
(B) GENERAL BUSINESS SIGNS. General business signs are permitted in local retail,
light and heavy commercial and light and heavy industrial districts only. All signs must pertain
to the business property at the location of the sign, and only one sign per street frontage is
permitted, providing, however, that all signs that are not affixed to the building must be separated
by at least fifty (50) feet. Maximum height of signs shall not exceed twenty-nine (29) feet, in the
retail district or thirty (30) feet in commercial or industrial districts. Maximum areas of signs
shall not exceed two hundred (200) square feet, except a major identification sign, up to four
hundred (400) square feet on area may be provided for a business center of six (6) acres or more,
providing that the sign must be set back from any property line a distance equal to the height of
the sign.
(C) MONUMENT SIGNS
(1) Shopping centers with multiple tenants located on a premises of one (1) acre or
more in size are permitted to erect a maximum of four (4) monument signs with
the following stipulations:
Maximum size - 110 square feet per side
Maximum height - 6 feet
ORDINANCE REGULATING USE OF SIGNS - Page 19
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r 5213 00845
Setbacks - 15 feet from street right-of-way
50 feet from property lines other than those property
lines fronting the street line right-of-way
- 300 feet from other monument signs on the property
(2) Shopping centers with multiple tenants located on premises of less than one (1)
acre in size are permitted to erect a maximum of two (2) monument signs with the
following stipulations:
Maximum size - 90 square feet per side
Maximum height - 6 feet
Setbacks - 15 feet from street right-of-way
- 25 feet from property lines other than those property
lines fronting the street line right-of-way
150 feet from other monument signs on the property
(3) A business located on individually platted land including individual pad sites
within a shopping center are permitted to erect two (2) monument signs with the
following stipulations:
Maximum size - 90 square feet per side
Maximum height - 6 feet
Setbacks - 15 feet from street right-of-way
- 25 feet from property lines other than those property
lines fronting the street right-of-way
- 200 feet from other monument signs on the property
(4) Gasoline service stations may mount price per gallon signs on monument signs.
Monument signs that contain the price per gallon of gasoline sold by that business
are permitted to erect monument signs with the following stipulations:
Maximum size - 30 square feet per side
Maximum height - 6 feet
Setbacks - 15 feet from street right-of-way
- 50 feet from property lines other than those property
lines fronting the street right-of-way
53.01- MONUMENT SIGNS PERMITTED IN NON -BUSINESS DISTRICTS:
Churches, model homes, apartments, town homes, schools or government facilities and
buildings may have detached monument signs subject to the following restrictions:
(A) Number of signs: Each premises may have no more than one (1) detached monument
sign, provided however, that a premise with more than seven hundred fifty (750) feet of frontage
along a public way, other than an alley, may have more than one (1) additional detached
ORDINANCE REGULATING USE OF SIGNS - Page 20
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I
52-7 008L 6
monument sign for each five hundred (500) feet of additional frontage. Signs must be a
minimum of five hundred (500) feet apart.
(B) Dimension requirements:
Maximum size - 90 square feet per side
Maximum height - 8 feet
Setbacks - 15 feet front street right-of-way
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each
continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the
violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: Savings/RepealingC. 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 7: Severability. 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. Prosper 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 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
ORDINANCE REGULATING USE OF SIGNS - Page 21
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05273 00847
0
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PER�,,TEXAS ON THIS 30th DAY OF September, 2002.
0 1, P'� \,\I,i
• ' � �.-- ' : ?�" . JNMES DUNMIRE MAYOR
'•ATTES .,,.TCA1D
C R�E�ILY RECORDED BY: APPROVED AS TO FORM:
M ER PHILLIPS RICHARD M. ABERNATHY
Town Secretary ABERNATHY, ROEDER, BOYD
& JOPLIN, P.C.
Town Attorneys
DATE OF PUBLICATION: October 4, 2002, McKinney Courier Gazette.
ORDINANCE REGULATING USE OF SIGNS - Page 22
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C 2?J LD
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OCT 11 2002
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Filed for Record in:
Collin CoLinty, McKinney TX
Honorable Helen Starnes
Collin COMIty Clerk.
On Oct ].1 2002
At 10:36am
so
•
Doc/Nllm : 2002- 0147733
Recording/Type:OR 53.00
Receipt #f: 36209
Page 4 — SECTION II — McKinney Courier -Gazette — Friday, October 4, 2002
CALI
Monday
Classifieds
Notices Notices Notices Notices No-
/ Legal Notices
To be published in the
McKinney Courier -Gazette on
Friday, October 4, 2002,
LEGAL NOTICE
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.02-16
An Ordinance amending
Prosper's Zoning Ordinance
No. 84-16; rezoning a tract of
land consisting of 44.613
acres, more or less, situated in
the Collin County School Land
Survey, Abstract No. 147, in
the Town of Prosper, Collin
County, Texas heretofore
zoned Single -Family
Residence District-1 (SF-1)
upon its annexation rezoned
Planned Development;
describing the tract to be
rezoned; providing for a
penalty for the violation of this
Ordinance; providing for
repealing, saving and
severability clauses; providing
for an effective date of this
Ordinance; and providing for
the publication of the caption
hereof.
be published in I
on
Friday. October 4, 2002.
LEGAL NOTICE
TOWN OF
PROSPER, TEXAS
ORDINANCE NO.02-25
An Ordinance by the Town of
Prosper adopting sign
regulations; amending Section
13 (Sign Regulations) of
Prosper's Comprehensive
Zoning Ordinance No. 84-16
by deleting said section;
repealing Ordinance No. 99-
33: regulating the height,
number of signs, size, and
placement of signs located, or
to be located within the town
limits or its extraterritorial
jurisdiction; providing uniform
regulations for the different
classes of signs; providing for
an appeal; providing for a
penalty for the violation of this
ordinance; providing for
savings, repealing and
severability, clauses; providing
for an effective date: and
providing for the publication of
the caption hereof.
Legal Notices
City within 10 days of the date
of this order and publish in a
newspaper of general
circulation the street
address/legal description of
the Property, the date of the
hearing, a brief statement of
the results of this order and
provide notice that a copy of
this order and the minutes of
The meeting may be reviewed
and/or obtained during regular
business hours in the office of
the City Secretary.
ORDERED THIS 23rd DAY OF
SEPTEMBER, 2002.
Melvin January, Chairman
Letha Matthews, Secretary
APPROVED AS TO FORM
AND LEGALITY:
Mark Houser, City Attorney
To be published in the
McKinney Courier -Gazette on
Friday, October 4, 2002.
LEGAL NOTICE
TOWN OF -
PROSPER, TEXAS
0/ORDINANCE NO.02-12
An Ordinance providing for the
voluntary annexation of a tract
of land situated in the Collin
County School Land Survey,
No. 147, Prosper, Collin
County, Texas, containing
44.613 acres of land, more or
less in Collin County, Texas;
Providing that the owners and
inhabitants of the above
described tract of land shall be
entitled to the rights and
privileges of other citizens of
Prosper and be bound by the
Acts and Ordinances now in
effect and hereinafter adopted;
providing for a penalty for a
violation of this Ordinance and
Prosper's Zoning Ordinance
No. 84-16 and any
amendments thereto;
providing for repealing,
savings and severability
clauses; providing for an
effective date of this
Ordinance; and providing for
the publication of the caption
hereof.
To be published in the
McKinney Courier -Gazette on
Friday, October 4, 2002.
LEGAL NOTICE
ORDER NO.02-16a
To be published in the AN ORDER OF THE CITY OF
• V44 UFJVAIIJ afr.J'bwiy'".f�Vlaarv, o.n n1al^ �In
Legal Notices Legal Notices Specia
monommommommonommmmom
the results of this order and
provide notice that a copy of
this order and the minutes of
the meeting may be reviewed
and/or obtained during regular
business hours in the office of
the City Secretary.
ORDERED THIS 23rd DAY OF
SEPTEMBER, 2002,
Melvin January, Chairman
Letha Matthews, Secretary
APPROVED AS TO FORM
AND LEGALITY:
Mark Houser, City Attorney
To be published in the
McKinney Courier -Gazette on
Friday, October 4, 2002.
this 27th day of September,
2002.
Helen Starnes, Clerk of
County Court of
Collin County, Texas
By: Lucretia Barch, Deputy
To be published in the
McKinney Courier -Gazette on
Friday, October 4. 2002.
LEGAL NOTICE
TOWN OF
PROSPER,TEXAS
ORDINANCE NO.02-36
An Ordinance of the Town of
LEGAL NOTICE
Prosper. Texas: Repealing
Ordinance No. 01-16;
ORDER NO.02-17a
Providing for savings,
repealing and severability
AN ORDER OF THE CITY OF - clauses; and providing for an
MCKINNEY BUILDING AND
effective date.
STANDARDS COMMISSION
WITH REGARD TO THE
personal
ABATEMENT OF THE
SUBSTANDARD AND
DANGEROUS STRUCTURES
LOCATED AT 1306 N.
DOS
SHERMAN ST., McKINNEY,
TEXAS
YOUR
WHEREAS, the Building and
Standards Commission for the
ADVERTISEMENT
City of McKinney conducted a
public hearing September
STAND OUT?
w
23, 2002, wherein the
structures located a 1306 N
Sherman St., McKinney,
Texas, ("Property") was
agenda item number 02-17.
Legal deIn'
tion being:
McKinney Un ddition,Block F, LotWH S,the
evider�ee the
Pr rty is in �olatio of
ordi n, and
WH EAS, the Buildi and
Standards Commission finds
that the main structure is
dilapidated, substandard
and/or unfit for human
habitation, constitutes a
hazard to the health, safety
and welfare of the citizen and
likely to endanger persons and
property; and
THEREFORE, IT IS HEREBY
ORDERED BY THE
BUILDING AND STANDARDS
COMMISSION CITY OF
MCKINNEY THAT:
1. The owner of the property
must remove or demolish
the structures, have the lot
cleaned and graded with
proper drainage within 30
days of this order. Failure of
tko rf2S1'ObjulQi tit ;,�Shn
Your classified advertising
representative can help
you make sure you are
noticed! Just ask about
"Bold Words"! 972-
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the
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CLASSIFIED
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fisher exercises the i
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rcrection of errors by t
wspaper may be called
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urs prior to deadlines a
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