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03-26 - O5404 oo0803 TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-26 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-25, REGULATIONS OF SIGNS, SECTION 19.01 (PROHIBITED SIGNS), SECTION 20.01 (NUISANCES; REMOVAL OF PROHIBITED SIGNS), SECTION 21.01 (IMPOUND SIGNS -RECOVERY), SECTION 22.01 (EXISTING SIGNS, GENERALLY: NONCONFORMING USES), SECTION 23.01 (REMOVAL OF NONCONFORMING EXISTING SIGNS) AND SECTION 27.01 (APPEAL AND BOND); 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. 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 amend Ordinance No. 02-25, Section 19.01 (Prohibited Signs), Section 20.01 (Nuisances; Removal of Prohibited Signs), Section 21.01 (Impound Signs -Recovery), Section 22.01 (Existing Signs, Generally: Nonconforming Uses), Section 23.01 (Removal of Nonconforming Existing Signs) and Section 27.01 (Appeal and Bond) 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: Amendment to Ordinance No. 02-25 Section 19.01 (Prohibited Ordinance No. 02-25, Section 19.01 (Prohibited Signs) is hereby amended to read as follows: 19.01 — PROHIBITED SIGNS: The following types of signs shall districts and the extraterritorial jurisdiction permit shall ever be granted for: (1) Commercial Billboards; (2) Ground signs; (3) Roof signs; be prohibited in all zoning (ETJ) of Prosper, and no AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)— Page I C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 5404 000804 (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 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. SECTION 3: Amendment to Ordinance No. 02-25 Section 20.01 (Nuisances; Removal of Prohibited Signs). Ordinance No. 02-25, Section 20.01 (Nuisances; Removal of Prohibited Signs) is hereby amended to read as follows: 20.01— REMOVAL/IMPOUNDMNET OF PROHIBITED SIGNS: (A) All signs listed in Section 19.01 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 building inspector 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 owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so by the AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25) - Page 2 C:\Documents and Settings\A nberWy Documents\ORDINANCES\Ordinance no. 03-26.doc 5404 oo0805 building inspector. 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 up to and including impoundment. If any sign is determined to present an immediate danger to public health, safety, or welfare, 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 reasons for removal of the sign. (B) 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) 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 failure to comply with such notice provided under Section 20.01(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. (D) If a sign is placed within the public right-of-way or on a Town -owned property in violation of this Ordinance, the sign may be immediately removed and impounded. SECTION 4: Amendment to Ordinance No. 02-25 Section 21.01 (Impound Signs -Recovery). Ordinance No. 02-25, Section 20.01 (Impound Signs -Recovery) is hereby amended to read as follows: 21.01— RECOVERY OFIMPOUNDED SIGNS: (A) Impounded signs may be recovered by the owner within fifteen (15) days from the date of the written notification of impoundment by paying a fee as follows: (1) A fee of two -hundred dollars ($200.00) for signs which are six (6) square feet or less in area. (2) A fee of four -hundred dollars ($400.00) for signs which are larger than six (6) square feet in area. (B) Signs not recovered within fifteen (15) days of impoundment may be disposed of by the Town in any manner it shall elect. AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)- Page 3 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 5'404 000006 SECTION 5: Amendment to Ordinance No. 02-25, Section 22.01 (Existing Sims, Generally: Nonconforming Uses). Ordinance No. 02-25, Section 22.01 (Existing Signs, Generally: Nonconforming Uses) is hereby amended to read as follows: 22.01—NONCONFORMING SIGNS: (A) Definition - A nonconforming sign is a sign and its supporting structure which does not conform to all or part of the provisions of this Ordinance, and: (1) was in existence and lawfully erected 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) All nonconforming signs shall be registered with the Town's Building Inspections Department. Should a nonconforming sign not be registered within twelve (12) months of the date of the passage of this Ordinance, the nonconforming status of the sign shall be terminated and the sign deemed prohibited and subject to removal in accordance with Section 20.01. Signs previously registered as a nonconforming sign shall be considered registered. (C) 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 substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Changing an interior panel of a nonconforming sign is permitted in all cases. (D) No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)— Page 4 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 5404 000807 (E) 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 land, if the sign is required to be removed from its present location because the property upon which the sign is located is 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. SECTION 6: Amendment to Ordinance No. 02-25 Section 23.01 (Removal of Nonconforming Existing Signs). Ordinance No. 02-25, Section 23.01 (Removal of Nonconforming Existing Signs) is hereby amended to read as follows: 23.01 —NEGLECTED AND ABANDONED SIGNS: (A) A neglected sign is a sign which contains missing panels, burned out lights, missing letters, rust, loose parts, or is faded from its natural color. (B) An abandoned sign is a sign which, for at least thirty (30) continuous days, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; or pertains to a time, event, or purpose which no longer applies. (C) Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited by this Ordinance. Upon written notification by the building inspector, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located. 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 after written notification to do so by the building inspector or his representative. 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. If any sign is determined to present an immediate danger to public health, safety, or welfare, 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 reasons for removal of the sign. (D) It shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)- Page 5 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 5404 000808 notice. In the event failure to comply with such notice provided under Section 23.01(C), 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. SECTION 7: Amendment to Ordinance No. 02-25 Section 27.01 (Appeal and Bond). Ordinance No. 02-25, Section 27.01 (Appeal and Bond) is hereby amended to read as follows: 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 inspector. 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. SECTION 8: 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 Dollars ($500.00). Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)— Page 6 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 5404 000809 SECTION 9: Savings/RepealingClause. lause. Ordinance No. 02-25 shall remain in full force and effect, save and except as amended by this or any other ordinance. 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 10: 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 1 l: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE T9,WN OF PROSPER, TEXAS ON THIS 8TH DAY OF APRIL, 2003. s- kri �K • ' iC' s "'�� , �`, ••:,• � .y JAXIES DUNMIRE, MAYOR >4S1ED TO AND '-GO' R�RDE/nD BY: I IAI .i w. I M . A A'_ `.. PHILLIPS Town Secretary DATE OF PUBLICATION: April 11, 2003, McKinney Courier Gazette AMENDING PROSPER'S SIGN ORDINANCE (NO.02-25)— Page 7 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance no. 03-26.doc 7b 5404 000010 Town of Prosper PO Box 307 Prosper,Tx 75078 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE. RENTAL, OR USE OF THE DESCRISED REAL. PP.OPUITY F-CAUSE OF COLOR OR RACE IS INVALID AND 11NENFnRCEABLEUNDER FLDERALLAW (THE STATE OF TEXAS) (COCNTY OF COLLIN) I hereby certify that this instrument,asFILED inthe File Numher:rquanceonthe date and the time stamped herein by me, 61,!r was duly itECCRDcO, in the Official Public Records of Real Property o1 Colf m Country. Icy:.; on APR 2 5 2003 Brenda Taylor�Q F 0 fQr F<eyor�t�c linney TX [.Yo i n r R Hal,orable Efrenda Taylar ...011 i n COMIty Clerk Ot1 At 10: i an125 00� UaciPlum : 2003- CIO-/,3 1 Rera•rdi11g ype:Ufi T Receipt #; 23.00 ic732 PUBL = S HER • S AFF =DAV = jr THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of- The WcXinney Courier -Gazette and that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: Printer's Fee $ [�, No. 0,5 — ,? is Description: 1. It devotes not less than twffty-five percent (25t) of its total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit; D SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who a is personally known to me, or b) provided the following evidence to establish his/her identity, on this the day of A.D. 200 certify w .ch witness m and and seal of office. Notary Pu lic, State of Texas (SEAL) 3. COMMISSION EXPIRES LAVERNE GRAVES sNotary Public, State of Texas My Commission Expires 05-12-2005 To be published in the McKinney Courier -Gazette on Friday, April 11. 2003. LEGAL NOTICE TOWN OF PROSPER,TEXAS ORDINANCE NO. 03-26 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-25, REGULATIONS OF SIGNS, SECTION 19.01 (PROHIBITED SIGNS), SECTION 20.01 REMOVAL PROHIBITED SIGNS), SECTION 21.01 (IMPOUND SIGNS -RECOVERY). SECTION 22.01 (EXISTING SIGNS, GENERALLY: NONCONFORMING USES), SECTION 23.01 (REMOVAL OF NONCONFORMING EXISTING SIGNS) AND SECTION 27.01 (APPEAL AND BOND): 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.