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04-003 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 04-03 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 03-26, SECTIONS 2, 3, 4, 5, 6, AND 7, AND ORDINANCE NO. 02-25, SECTION 4 (REGULATIONS OF SIGNS); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; 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 Ordinance Nos. 03-26 and 02-25 (Regulation of Signs) should be amended as set forth below; 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 regulate signs within Prosper and its Extraterritorial Jurisdiction ("ETJ"); 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; 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; 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; 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; 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; 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 to safely identify a place of business and the services available on the premises without creating aesthetic offenses and harm; 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; 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 promote and aid in economic development and the tax base by allowing kiosk signs which support residential development, which in turns provides a customer base for commercial areas; 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; 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 ensure a noncommercial atmosphere in residential areas; 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; 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; WHEREAS, Prosper has complied with all notices 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 Ordinance Nos. 03-26 and 02-25 (Regulation of Signs) as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated/Applicability of Ordinance. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. This Ordinance shall regulate signs within Prosper and its ETJ. SECTION 2: Amendment to Ordinance Nos. 03-26 and 02-25 (Regulation of Signs). Ordinance No. 03-26, Sections 2, 3, 4, 5, 6, and 7 and Ordinance No. 02-25, Section 4 (Regulation of Signs) are hereby amended in their entirety to read as contained in Exhibit A. SECTION 3: Penalty Provision: Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred 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 4: Savings/Repealing Clause: Ordinance Nos. 03-26 and 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, 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 ordinance shall remain in full force and effect. SECTION 5: 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 6: 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 TOWN OF PROSPER, TEXAS, on this 27th day of January, 2004. l Charles 1 iswan ayor ATTESTED TO AND CORRECTLY RECORDED BY: DATE OF PUBLICATION: 4J. / ZGV7 F ribyallas Morning News -Collin County Edition EXHIBIT A REGULATION OF SIGNS TABLE OF CONTENTS Section Subsection Heading Page 1.01 Definitions 1 1.02 Applicabilit 2 1.03 Permit Required to erect or install a sin 2 1.04 License Required 3 1.05 Sign Contractor Bond Required 3 1.06 Inspection 4 1.07 Sign specifications and Design 4 1.08 Measurement of Sign Area and Height 6 1.09 Permissible Signs that Require the Issuance of a Sign Permit 8 A Awning Signs 8 B Banner Signs 8 C Inflatable Signs 9 D Monument Signs 10 E Internal Directional Signs 11 F Menu Board Signs 12 G Unified Development Signs 14 H Panel Signs 15 I Projecting Signs 17 J Secondary Roof Signs 17 K Sandwich Board Signs 18 L Subdivision Entry Signs 19 M Subdivision Monuments 19 N Wall Signs 20 O Wood Frame Signs 21 P Scoreboards 22 Q Canolpy Signs 22 R Stake Signs 23 TABLE OF CONTENTS (CONT.) 1.10 Permissible Signs that do not Require the Issuance of a Sign Permit 24 A Flags 24 B Human Signs 24 C Instructional Signs 25 D Vending Machine Signs 25 E Civic Signs 25 F Government Signs 26 G Home Improvement Signs 26 H Residential Real Estate Signs 26 I Yard Signs 27 J Vehicle Signs 27 K Window Signs 28 L Zoning Signs 28 M Political Signs 29 1.11 Prohibited Signs 30 A Signs on Vacant Buildings 30 B Merchandise Displays 30 C Balloons or Other Floating Devices 30 D Commercial Billboard Signs 30 E Portable Signs 30 F Roof Signs 30 G Wind Device Signs 30 H Pole Signs 30 1 Obscene Signs 31 J Other Signs 31 1.12 Removal/Impoundment of Prohibited Signs 31 1.13 Recovery of Impounded Signs 32 1.14 Neglected and Abandoned Signs 32 1.15 Nonconforming Signs 33 1.16 Variances 34 1.17 Special Events Si na e 34 1.18 Sign Coordination Plan 35 1.19 Illustrations 36 1.01 DEFINITIONS For the purpose of this Ordinance, the following words shall have the following definitions ascribed to them: BUILDING OFFICIAL - The Building Official or other Town employee appointed by the Building Official. DEVELOPED - A developed property is a non-residential property for which a Certificate of Occupancy has been issued by the Town to occupy a building on the property or a residential property for which a Certificate of Final Acceptance has been issued by the Town. NON-RESIDENTIAL USE - Any structure, activity, or use not included in the definition of Residential Use contained in this ordinance. A home builder model home, a temporary sales trailer, and an apartment leasing office are included in this definition. NOTICE - Notice required by this Ordinance shall be sufficient if it is affected by personal delivery, registered or certified mail, return receipt requested, and/or depositing the notice with the United States mail. ON -PREMISE - The area of real property designated as a lot on a final plat approved by the Town and filed with the County Clerk's Office, or an unplatted tract of land as shown on an abstract. PERSON - Any person, firm, partnership, corporation, company, organization or business entity of any kind. PROHIBITED SIGN - Any sign listed in Section 1.11 herein, signs that do not comply with this or other applicable ordinances, and signs that are otherwise prohibited. PUBLIC VIEW - A view from any public or Town right-of-way or access easement. RESIDENTIAL USE - Any detached single family, attached single family, duplex, town home, condominium, multifamily, agricultural, or other structure, activity, or use occupied or operated primarily to provide a place of residence to an individual or family. SIGN - Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of print, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings, or other structures or supports. This definition shall also include any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of a person or entity, or communicate information of any kind to the public. STAKE SIGN -A sign of temporary nature supported by a metal or wood stake placed in the ground. TOWN - The Town of Prosper. TOWN ADMINISTRATOR - The Town Administrator or other Town employee appointed by the Town Administrator. UNDEVELOPED - An undeveloped property is a property for which a Certificate of Occupancy has not been issued by the Town to occupy a building on the property or a residential property for which a Certificate of Final Acceptance has not been issued by the Town. VEHICLE - Any device in, upon, or by which any person or property is or may be transported. 1.02 APPLICABILITY The terms and conditions of this Ordinance shall apply to signs located within the Town of Prosper and its extraterritorial jurisdiction. 1.03 PERMIT REQUIRED TO ERECT OR INSTALL A SIGN A. PERMIT REQUIRED. No sign, other than those exceptions listed in Section 1.10 of this Ordinance, shall be erected, placed, attached, altered, displayed, or secured to the ground, any building, or any structure, until a permit for such sign has been issued by the Building Official. An application for a sign permit may be obtained from the Town's Public Works/Inspection Department. The Building Official shall approve or deny an application for a sign permit within thirty (30) days of the Town's receipt of the application. A permit will be issued if a proposed sign conforms to all Town ordinances. Upon request by the Town, a diagram shall be provided showing the location of all signs on the property and/or adjacent properties. Incorrect information shall be grounds for revocation of a permit. B. PERMIT EXPIRATION. If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. C. TO WHOM ISSUED. No permit for the erection of any sign, with the exception of banner and sandwich board signs, shall be issued to any person other than those licensed and bonded in Prosper in accordance with this Ordinance. D. FEES. The fee for sign permits, excluding stake signs, shall be seventy-five dollars ($75.00). The fee for a single event stake sign permit shall be ten dollars ($10.00). The fee for a yearly stake sign permit shall be two hundred dollars ($200.00) per year. The fee for a sign permit for a sign that was constructed without a permit shall be twice the cost of the standard permit fee. E. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. F. INTERPRETATION AND ADMINISTRATION. The Building Official shall be responsible for interpreting and administering this Ordinance. Allegations of errors in orders, decisions, or determinations of the Building Official in the administration of this Ordinance shall be in accordance with Section 1.16 of this Ordinance. 1.04 LICENSE REQUIRED A. No person shall install, erect or maintain any sign, except banner and sandwich board signs and all signs for which a permit is not required, or contract for such service, until such person has applied to the Building Official for a license to install, erect and/or maintain signs, and until such license has been approved and issued. The Building Official shall approve or deny an application for a license within thirty (30) days of the Town's receipt of the application. A license will be issued if all requirements of Town ordinances are met. The fee for such license shall be one hundred dollars ($100.00) per year. A license is valid twelve (12) months from the date of issuance. B. The license of any sign contractor may be canceled by the Building Official, when such contractor repeatedly violates the requirements of this Ordinance. Conviction in court, whether appealed or not, on two (2) violations over a period of twelve (12) months, shall constitute evidence of repeated violation. Any license thus canceled shall not be renewed for such contractor or anyone operating in concert with such contractor until all such violations have been corrected. Upon correction of violations, the contractor's license may be renewed upon furnishing the bond required in Section 1.05. 1.05 SIGN CONTRACTOR BOND REQUIRED A. No license for the installation, erection and/or maintenance of signs shall be issued to any person nor shall any person install, erect or maintain any sign, except banner and sandwich board signs and all signs for which a permit is not required, or medium of display or advertising, electric or otherwise, until such person has provided proof of general liability insurance in the amount of one hundred thousand dollars ($100,000.00) to the Building Official or 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 Administrator 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 or for such period of time that such sign is maintained or serviced by or 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 principle name in the bond is legally liable. B. When any sign contractor's license has been canceled as provided in Section 1.04(B), such license 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. 1.06 INSPECTION A. The Building 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, is unsafe or insecure, is dilapidated or deteriorated, and to ensure that the sign has been constructed in accordance with this Ordinance, any other applicable ordinances, and the applicable permits. The method and time of such inspections shall be determined by the Building Official. B. If the Building Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. 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 such notice or to file an allegation of error in accordance with this ordinance, the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety and welfare. C. 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 the property. 1.07 SIGN SPECIFICATIONS AND DESIGN A. Compliance with Zoning Ordinance, Building Code, National Electrical Code, and other ordinances — All sign structures shall comply with the Town's Zoning Ordinance No. 84-16, the Building Code, the National Electrical Code, and other Town ordinances, as they currently exist or may be amended. If the standards as described herein are more restrictive, then the provisions of this Ordinance shall apply. B. Visibility — All signs shall observe all visibility requirements. Signs shall not be placed within visibility triangles, corner clips, and V.A.M. (Visibility, Access, and Maintenance) easements. C. Signs Posted in Specified Areas — Unless otherwise permitted within this Ordinance, no person shall post or cause to be posted, attach or maintain any sign upon: 1. Any Town owned property or right-of-way without the written permission of the Town Administrator; 2. Any utility easement. Should a property owner be able to demonstrate to the Building Official and/or franchise utility company that there is no other viable location for a sign other that a utility easement, a sign may be located within the utility easement subject to written approval from the Building Official and/or franchise utility company and subject to the providing of a letter to the Town releasing the Town of any liability for repair or replacement of a sign damaged by work occurring within the utility easement. 3. Any tree, light pole, or any utility pole or structure; 4. Any fence, railing or wall, except in accordance with Section 1.09(L) and 1.09(M); or 5. Any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street, except for house numbers or fire lane designation. D. Signs Attached to Fire Escapes — 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. E. Traffic Signs, Signals, or Devices — No sign shall be erected 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, including, but not limited to, signs making use of the words "stop", "go", "look", "slow", "danger", or any other similar word, phrase, symbol or character or employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. F. Accumulation of Rainwater — All signs shall be constructed so as to prevent the accumulation of rainwater in the sign. G. 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. H. Signs Not to Block or Interfere with Vehicular Traffic — No sign shall be interfere in any way with a required m window. No sign shall block, interfere, traffic on a public sidewalk, a public driveway required to access parking. Exits or Windows and Pedestrian and so erected as to block, partially block, or eans of exit from any building nor with any or otherwise hinder pedestrian or vehicular thoroughfare, a fire lane easement, or a Glass Signs over Public Property — Signs constructed of glass or other materials which may shatter upon impact are prohibited over public right-of-way. J. Identification Marking Required — All banner, wood frame, inflatable, panel, and sandwich board signs permitted after adoption of this Ordinance shall have attached, written, or painted in a weatherproof manner and in a conspicuous place thereon, in letters not less than one (1) inch in height, the date of erection and the permit number of the sign. K. Assumed Wind Load for Design Purposes — For the purposes of design of structural members in signs, an assumed wind load of thirty (30) pounds per square foot shall be used. All signs shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with these requirements. L. Multiple Signs on a Property or Building — The permitting of a sign on a property or building shall not preclude the permitting of other types of signs on a property or building unless the signs are expressly prohibited herein. M. Exemptions — Signs located within a building with the exception of window signs shall not be regulated by this Ordinance. 1.08 MEASUREMENT OF SIGN AREA AND HEIGHT A. 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.). This method of measurement is most commonly used for monument signs, wood frame signs, and stake signs. Area equals 3.14 multiplied by radius squared Area equals height multiplied by width 2. For signs with an irregular shape, the area shall be measured by enclosing the sign elements with intersecting lines. This method of measurement is most commonly used for wall signs with individual lettering and for irregularly shaped monument signs. (See diagram) 11 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. B. Where a sign has two faces, the area of the largest sign face shall be used to determine the area of the sign provided the two faces are within five (5) degrees of parallel. Where a sign has two or more faces that are greater than five (5) degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two signs (a V-sign). A V-sign is permitted at the corner of a property with two street frontages. C. The area of wall signs containing multiple elements shall be calculated as follows: Regardless of the spacing between letters, letters forming a word or name shall be considered a single sign. 2. When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by less than the width or height of the largest item, the items shall be considered a single sign and the area shall be determined by measuring the area enclosing the sign elements with straight, intersecting lines. The following sign elements are considered one sign: Length. Less of X than X Town of Prosper 3. When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by more than the width or height of the largest item, the items shall be considered a separate sign and the area of each item shall be determined individually. The following sign elements are considered two signs: Town of Prosper D. The supports of a stake sign, wood frame sign, or panel 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. E. 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 below the 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. 1.09 PERMISSIBLE SIGNS THAT REQUIRE THE ISSUANCE OF A SIGN PERMIT The following signs are permissible, upon issuance of a sign permit, subject to the following conditions and the specifications listed in Section 1.07 of this Ordinance. Signs that do not comply with the following conditions and the specifications are considered prohibited. A. AWNING SIGNS 1. Definition — An awning sign is a sign which is applied ,to, attached, or painted on an awning or other roof -like cover, intended for protection from the weather or as a decorative embellishment, projecting from a wall or roof of a structure over a window, walk, door, or the like. 2. Awning signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A permit shall not be issued to erect or place an awning sign on a property until a site plan and/or final plat has been approved by the Town for development of the property. b. Place — 1. Awning signs are permitted in conjunction with a non-residential use. 2. In no case shall the supporting structure of an awning sign extend into or over the street right-of-way. c. Manner - No building shall have both a wall sign and an awning sign on the same building face. B. BANNER SIGNS 1. Definition - A banner sign is a 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. 2. Banner signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — 1. A sign permit shall not be issued to erect or place a banner sign on a property until a site plan and/or final plat has been approved by the Town for development of the property. 2. One banner sign may be placed on a building for three (3) two (2) week periods per calendar year. The periods may be combined. Each suite 8 within a retail development shall be considered a building and shall therefore be allowed to erect a banner sign accordingly. 3. New businesses shall be permitted to place a banner on their building prior to the issuance of a Certificate of Occupancy and up to six (6) weeks after the date of issuance of a Certificate of Occupancy. The banner(s) shall not count against the allowances provided in Section 1.09(B)(2)(a)(2)• 4. Religious organizations that operate in a school or other temporary facility may erect a banner during times of worship provided the banner is placed no earlier than two (2) hours prior to worship and is removed no later than two (2) hours after worship. The banner shall not count against the allowances provided in Section 1.09(B)(2)(a)(2). b. Place — All four corners of a banner sign shall be securely attached to the front, side, or rear surface of a building. However, such sign shall not face a residential neighborhood unless separated by a major thoroughfare with the exception that this requirement shall not apply to banner signs permitted in Section 1.09(B)(2)(b)(2). 2. Banner signs are permitted only in conjunction with a non-residential use. 3. With written permission of the Town Administrator, banner signs may also be erected during social or athletic events at a park or other Town owned property. The banners shall be attached to pavilions, fences, vehicles, stakes, or poles. c. Manner - The maximum area of a banner sign is forty-eight (48) square feet, and the width of a banner sign may not exceed seventy five percent (75%) of the width of the building or lease upon which the banner sign is located. C. INFLATABLE SIGNS 1. Definition —An inflatable sign is a sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air. 2. Inflatable signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit for an inflatable sign shall not be issued until the Town has issued a Certificate of Occupancy for a building on the property. 2. An inflatable sign may be erected on a lot for no more than three (3) ten (10) day periods per calendar year. In the case of multiple businesses or tenants located on a single lot, each business is allowed to erect an inflatable sign on the lot for three (3) ten (10) day periods provided that no more than one inflatable sign is located on the lot at any one time and provided a minimum of thirty (30) days transpires between the removal of an inflatable sign permitted by one business and the placement of another inflatable sign permitted by another business. b. Place — 1. Inflatable signs shall not be located in required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign encroach into the right-of-way. 2. Inflatable signs are permitted only in conjunction with a non-residential use. c. Manner — 1. Inflatable signs shall be secured directly to, and not suspended from, the ground. Inflatable signs may not be placed on a roof or suspended from a building. A balloon or other floating device as discussed in Section 1.11(C) is not an inflatable sign. 2. The maximum height of an inflatable sign is thirty (30) feet. 3. A banner sign may be applied to an inflatable sign without the banner counting towards the allotted number of banner signs per calendar year. The maximum area of a sign placed or applied to an inflatable sign shall be forty-eight (48) square feet. D. MONUMENT SIGNS 1. Definition - A monument sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid and opaque base and generally used to identify the name of a business or development. 2. A monument sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a monument sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after the issuance of a building permit for a building on the property. b. Place — 1. Monument signs are permitted only in conjunction with a non-residential use. 2. A monument sign is permitted on the same lot as a unified development sign, but the total number of unified development signs and monument signs located within a unified development zone shall generally not exceed the number of lots located within the unified development zone. 10 The total number of signs shall be permitted to exceed the number of lots when additional monument or unified development signs are permitted on a property in accordance with Section 1.09(D)(2)(c)(3) and 1.09(G)(2)(c)(5). 3. Minimum setback is fifteen (15) feet from the front, side, and rear property lines. c. Manner — Monument signs shall be entirely constructed of the same masonry materials as the front building fagade of the principle building on the same lot or shall be stone or brick. All sign text and graphic elements shall be attached to this masonry structure not closer than six (6) inches from the top and side edges and twelve (12) inches from the bottom edge of the sign structure. Sculpted aluminum sign panels will be permitted. The minimum height permitted for text and graphic elements is six (6) inches. 2. Monument signs constructed in conjunction with unified development and internal directional signs shall be consistent with the building elements and materials of the unified development and internal directional signs on the same lot and/or within the unified development. Architectural embellishments are also encouraged and may be considered through the review of the sign coordination plan defined in Section 1.18. 3. A lot is allowed a maximum of one (1) monument sign per street frontage. 4. The maximum area of a monument sign, including the one -foot masonry border, is sixty (60) square feet. 5. The maximum height of a monument sign is six (6) feet five (5) inches. 6. Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way. E. INTERNAL DIRECTIONAL SIGNS 1. Definition — An internal directional sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and generally used to provide direction to drive -through lanes and to buildings and tenants within large multi -tenant retail, multi -family, or office developments. 2. An internal directional sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place an internal directional sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. �i b. Place — 1. Internal directional signs are permitted only in conjunction with a non- residential or multifamily use. 2. Minimum setbacks are fifty (50) feet from the front property line and fifteen (15) feet from the side and rear property lines. c. Manner — 1. The design, materials, and finish of internal directional signs shall match those of the front building fagade of the primary structure on the same lot. Signs constructed in conjunction with unified development and monument signs shall be consistent with the building elements and materials of the unified development and monument signs on the same lot and within the unified development. 2. If a property that is larger than five (5) acres averages more than two (2) internal directional signs per acre, a sign coordination plan as defined in Section 1.18 shall be approved for the placement of the signs. Properties smaller than five (5) acres shall not be permitted to exceed two (2) internal directional signs per acre. 3. The maximum area of an internal directional sign is four (4) square feet. 4. The maximum height of an internal directional sign is thirty (30) inches. F. MENU BOARD SIGNS 1. Definition — A menu board sign is a sign erected in conjunction with a use that incorporates a drive -through or drive-in and generally used to provide service and/or product options and pricing for customers who remain in their vehicles. 2. A menu board sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a menu board sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. b. Place — 1. Menu board signs are permitted only in conjunction with a non-residential use that includes a drive -through or drive-in. 2. Minimum front yard setback shall be twenty five (25) feet. c. Manner — 1. Drive -through menu board: 1 a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. b. The design, materials, and finish of a drive -through menu board shall match those of the front fagade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive -through menu board sign is permitted per drive -through use on a Lot. d. The maximum area of a drive -through menu board is forty eight (48) square feet with a maximum height of six (6) feet. e. Drive -through menu boards shall be located at the side or rear of the principal building(s) on the lot. 2. Drive -through pre -order sign: a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. b. The design, materials, and finish of a drive -through menu board shall match those of the front fagade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive -through pre -order sign is permitted at the entrance of a drive -through lane and shall be setback a minimum of twenty (20) feet from the drive -through menu board in the same drive -through lane. d. The maximum area of a drive -through pre -order sign is eighteen (18) square feet with a maximum height of six (6) feet. e. Drive -through pre -order signs shall be located at the side or rear of the principal building(s) on the lot. 3. Drive-in menu board: a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. If the drive-in stalls are covered by a canopy, the drive-in menu board signs may be attached directly to the canopy support columns. b. The design, materials, and finish of a drive-in menu board's sign base shall match those of the front fagade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive-in menu board sign is permitted per ordering station. d. The maximum area of a drive-in menu board sign is nine (9) square feet with a maximum height of six (6) feet. 13 G. UNIFIED DEVELOPMENT SIGNS 1. Definition - A unified development sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and is generally used to identify multiple tenants within a unified development. 2. Unified development signs are permitted only in conjunction with a non- residential use, subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a unified development sign on a property until a sign coordination plan as defined in Section 1.18 has been approved with a preliminary plat and/or site plan for the property by the Town and after issuance of a building permit for a building within the unified development zone. b. Place — 1. A unified development sign shall be located within a unified development zone. A unified development zone shall: a. Consist of multiple lots with the same subdivision name or multiple lots which were depicted on the same preliminary plat or site plat; b. Be united through common building architecture, color, and materials, landscaping and parking. 2. A unified development sign is permitted on the same lot as a monument sign, but the total number of unified development signs and monument signs located within a unified development zone shall generally not exceed the number of lots located within the unified development zone. The total number of signs shall be permitted to exceed the number of lots when additional unified development signs are permitted on a property in accordance with Section 1.09(G)(2)(c)(5). 3. The minimum front yard setback for a unified development sign is fifteen (15) feet from the property line. 4. No minimum side and rear yard setbacks are required for a unified development sign, but a unified development sign shall not be located closer than seventy-five (75) feet to another unified development sign or a monument sign. c. Manner — A unified development sign shall be entirely constructed of the same masonry materials as the front building facade of the principle building on the same lot or shall be stone or brick. All sign text and graphic elements shall be attached to this masonry structure not closer than six (6) inches from the top and side edges and twelve (12) inches from the bottom edge of the sign structure. Sculpted aluminum sign panels will be permitted. 14 The minimum height permitted for text and graphic elements is six (6) inches. 2. The maximum area of a unified development sign shall be based on the size of the unified development zone. The maximum area of a unified development sign for a unified development zone of ten (10) acres or less is sixty four (64) square feet. For every whole acre over ten (10) acres, the area of the sign may be increased by ten (10) square feet with the maximum area of a unified development sign being one hundred twenty (120) square feet. 3. The maximum height of a unified development signs is ten (10) feet. 4. Architectural embellishments for unified development monument signs are encouraged. 5. One unified development monument sign is permitted per street frontage of the unified development zone. One additional unified development monument sign is permitted along a street for each additional 750 linear feet of street frontage that exceeds 750 linear feet of street frontage. 6. Prior to Town consideration of a unified development zone, all property owners located within a proposed unified development zone must submit notarized letters to the Town authorizing the creation of the unified development zone. A lot shall only be included in one unified development zone. H. PANEL SIGNS 1. Definition — A panel sign is a sign which contains individual segments which are generally used to provide direction to businesses or residential subdivisions from major thoroughfares or to provide direction to schools, amenities, information centers, community facilities, and neighborhoods within a residential subdivision. 2. On properties located at the intersection of two four -lane thoroughfares or greater, panel signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — No restrictions. b. Place — 1. Panel signs shall be placed on a property located at the intersection of two four -lane thoroughfares or greater as defined and illustrated on Prosper's Thoroughfare Plan. Panel signs shall be placed a minimum of two hundred (200) feet and a maximum of four hundred (400) feet from the intersecting right-of-way line. 2. Panel signs may be placed in the right-of-way, so long as the requirements of Section 1.07 can be met. 15 c. Manner — 1. A maximum of four (4) panel signs are permitted at an intersection; one (1) panel sign is permitted on each corner. 2. The panel sign and its panels shall be of steel construction or wood construction painted with exterior oil -based paint. 3. The cost of production, installation, maintenance, and relocation or removal of the panel signs shall be the responsibility of the permitee and property owner, if placed on private property, or the permitee, if located in the right-of-way. The Prosper Economic Development Corporation (PEDC) manages the Town's panel sign program. Anyone desiring to place a panel on a panel sign must contact the PEDC. 3. On properties located within the limits of a platted single-family or two-family subdivision, panel signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A panel sign may be erected on a property within a platted single- family or two-family subdivision after Town approval of the final plat of the property. b. Place — 1. Panel signs may be placed within the platted limits of a single-family or two-family residential subdivision. Panel signs approved as part of a sign coordination plan as defined in Section 1.18 may be placed outside of the platted limits of a single-family or two-family residential subdivision on a property of same ownership as the developing subdivision. 2. Panel signs may be placed in the right-of-way, so long as the requirements of Section 1.07 can be met. c. Manner- 1. A sign coordination plan as defined in Section 1.18 shall be approved for the placement of panel signs within a single-family or two-family subdivision. 2. The maximum height of a panel sign is ten (10) feet. 3. The maximum width of a panel sign is six (6) feet. 4. The font and height of lettering on the panel signs shall be uniform throughout the entire subdivision. 5. The panel sign and its panels shall be of steel construction or wood construction painted with exterior oil -based paint. IN 6. The color of the panels and the letters shall be uniform throughout the entire subdivision. 7. The cost of production, installation, and maintenance of the panel signs shall be the responsibility of the developer or homeowners association. I. PROJECTING SIGNS 1. Definition — A projecting sign is a sign attached to and projecting out from a building face or wall more than twelve (12) inches, generally at a right angle to the building. 2. Projecting signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a projecting sign on a property until a building permit has been issued for the building on which the sign is to be attached. b. Place — 1. Projecting signs are permitted in conjunction with a non-residential use. 2. If a projecting sign is constructed over a sidewalk, a minimum of nine (9) feet shall be provided between the grade of the sidewalk and the lowest portion of the projecting sign. c. Manner— The maximum area of a projecting sign is twelve (12) square feet. J. SECONDARY ROOF SIGNS 1. Definition — A secondary roof sign is a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Secondary roof signs may also be attached to parapet walls. 2. Secondary roof signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a secondary roof sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. b. Place — 1. Secondary roof signs are permitted in conjunction with a non-residential structure or use. 17 2. In lieu of a wall sign, a secondary roof sign may be erected on a parapet wall provided the parapet wall extends around the entire perimeter of the building at the same elevation. 3. Secondary roof signs may also be erected on a canopy or a secondary roof over an entry to a building. c. Manner — The structural or mechanical elements of a secondary roof sign shall not be visible from six (6) feet above the grade of adjacent streets. K. SANDWICH BOARD SIGNS 1. Definition — A sandwich board sign is a sign constructed in such a manner as to form an "A" or a tent -like shape, hinged or not hinged at the top and each angular face held at an appropriate distance by a supporting member. 2. Sandwich board signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon the issuance of a sign permit: a. Time — 1. A sign permit shall not be issued to erect or place a sandwich board sign on a property until a Certificate of Occupancy has been issued for a building on the property. 2. Sandwich board signs may be placed on properties during business hours only. b. Place — 1. Sandwich board signs must be located a minimum of three (3) feet from the curb of any adjacent street. 2. Should a sandwich board sign be placed on or adjacent to a sidewalk, an unobstructed pedestrian clearance of at least four (4) feet in width must be provided adjacent to the sign. c. Manner — 1. The maximum size of a sandwich board sign is fifteen (15) square feet with a maximum height of four (4) feet. 2. A maximum of one sandwich board sign may be placed per business or tenant on the property the sandwich board sign(s) are located. 3. Sandwich board signs shall be placed no closer that twenty (20) feet from other sandwich board signs. 18 L. SUBDIVISION ENTRY SIGNS 1. Definition —A subdivision entry sign is a sign that generally identifies a residential development and that generally refers to the platted name of the subdivision. 2. Subdivision entry signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a subdivision entry sign on a property until a final plat has been approved by the Town for development of the property. b. Place - All subdivision entry signs shall be located within the platted limits of a residential subdivision. c. Manner — 1. Subdivision entry signs may be in the form of a sign mounted to a screening wall, so long as the sign does not project above the top of the wall. 2. Subdivision entry signs shall have a maximum area of sixty (60) square feet and a maximum height of eight (8) feet. 3. The maximum number of subdivision entry signs shall equal one (1) monument sign or two (2) signs attached to screening walls (not a combination of both) per street entrance. 4. Alternative types of subdivision entry signs, including, but not limited to neighborhood entry signs within an overall subdivision, may be approved as part of a sign coordination plan as outlined in Section 1.18. The sign coordination plan shall be submitted for review with the final plat, landscaping, and screening wall plans. M. SUBDIVISION MONUMENTS 1. Definition — Subdivision monuments are physical improvements such as signs, walls, or structures, constructed to draw attention to or enhance a subdivision or its surrounding area. 2. Subdivision monuments are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign and/or building permit shall not be issued to erect or place subdivision monuments on a property until a preliminary plat or site plan has been approved by the Town for development of multifamily or non-residential use or a preliminary plat or final plat has been approved by the Town for development of a single-family or two-family use. The requirement to prepare the fore mentioned plans may be waived should the owner of the property on which the monument is proposed to be located or his/her representative prepare written and/or graphic documentation to the satisfaction of Town staff m to explain the relationship of the proposed monument to future land uses on the property. b. Place — 1. Subdivision monuments placed on private property shall observe all building line and setback requirements. A non -habitable monument may encroach into a required setback provided all visibility clips and easements are observed and the monument is deemed by Town staff not to negatively impact fire protection of existing or future development. 2. Subdivision monuments may be placed in the right-of-way subject to Town Council approval and so long as the requirements of Section 1.07 can be met. 3. Subdivision monuments may not be erected within an area designated as future right-of-way on the Town's Thoroughfare Plan. c. Manner — 1. The developer of the subdivision monument must provide a plan for future maintenance of the monument to the Town for review. 2. The maximum height of subdivision monuments shall be twenty five (25) feet. N. WALL SIGNS 1. Definition - A wall sign is a sign painted on or erected parallel to and extending not more than twelve (12) inches from the fagade of any building to which it is attached, supported throughout its entire length by the building face. 2. Wall signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a wall sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after the issuance of a building permit for a building on the property. b. Place — 1. Wall signs are permitted in conjunction with a non-residential use. 2. Wall signs of any character placed directly on the face of a wall shall be set at a minimum of nine (9) feet above the grade. 3. 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 the top, bottom and ends with incombustible materials. ME 4. 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. c. Manner — The maximum size of wall signs shall be seventy five hundredths (0.75) square feet for every one (1) foot in width of building or lease space, not to exceed four hundred (400) square feet. 2. Wall signs with exterior letters and exposed neon lighting are not allowed. 3. Wall signs shall not be allowed on any fagade (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 one hundred fifty (150) feet of the property line of said residential property. 4. The minimum height allowed for text or graphic elements shall be six (6) inches. The maximum height allowed for text or graphic elements shall be based on the following criteria: Distance from R.O.W.* Less than 100 ft. 100+ - 150 ft 150+ - 200 ft 200+ - 250 ft. 250+ - 300 ft. 300+ ft. Maximum Letter/Logo Height 12 Inches 18 Inches 24 1 nches 30 1 nches 36 1 nches 42 Inches *For any lease space that does not front toward a street, the maximum text or graphic element height shall be based on the distance from the vehicular driveway access. O. WOOD FRAME SIGNS Definition —A wood frame sign is a sign that is generally used to advertise a new building, opening dates, leasing opportunities, and/or to identify the property owner, architect, contractor, engineer, landscape architect, or financier engaged in the design, construction or improvement of the premises on which the sign is located. Wood frame signs are also used to advertise sales and zoning information of properties. In no case shall a wood frame sign contain information pertaining to off -premise uses. Although wood frame signs are generally constructed of wood, the definition does not exclude metal or plastic signs used for the same purpose. 2. Wood frame signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — 5. For properties with single-family or two-family zoning or Future Land Use Plan designation, the sign shall be removed upon the issuance of Certificates of Occupancy for ninety-five (95) percent of the homes within a single-family or two-family subdivision. 6. For properties with 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. b. Place — 1. The sign shall be located no closer than fifteen (15) feet to any property line. 2. The minimum distance between wood frame signs is two hundred (200) feet. c. Manner — 1. The maximum area of a wood frame sign is ninety-six (96) square feet. 2. The maximum height of a wood frame sign is twelve (12) feet. 3. A maximum of one (1) wood frame sign shall be placed on a property per street frontage. If multiple wood frame signs are permitted on a tract of land, only one (1) sign shall be placed along each street frontage. A platted single-family or two-family subdivision shall be considered a single property for the purpose of this provision. P. SCOREBOARDS 1. Definition — Scoreboards are signs erected at an athletic field or stadium and which are generally used to maintain the score or time expired in an event at the field or stadium. This definition shall also include signs mounted or applied to the outfield wall within a baseball field. 2. Scoreboards are permissible subject to the following conditions: a. Time — No restrictions. b. Place — Scoreboard signs shall be erected within the limits of and face into the athletic field or stadium. c. Manner — No restrictions. Q. CANOPY SIGNS 1. Definition — A canopy sign is a sign that is applied to, attached, or painted on a canopy or other roof -like cover over gasoline fuel pumps, intended for protection from the weather or as a decorative embellishment. 22 2. Canopy Signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time — A sign permit shall not be issued to erect or place a canopy sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after the issuance of a building permit for a building on the property. b. Place — Canopy signs may only be erected on the sides of the canopy band that face a public street. c. Manner — 1. Canopy signs may not exceed fifteen (15) square feet in size. 2. Canopy signs must be attached directly to or painted on the face of the canopy band and shall not project more than twelve (12) inches from the canopy band. R. STAKE SIGNS Definition — A stake sign is an off -site temporary sign that advertises or conveys information relating to the date, time, location, directions, operation, and/or name of a sale or event. This definition shall include, but not be limited to, stake signs used to advertise a garage sale, a yard sale, an open house, a home builder, the operation of an apartment complex, and the name of and directions to a religious organization or group that is temporarily operating in a school or other facility. 2. Stake signs are permissible upon the issuance of a sign permit. Stake sign permits are available for a single weekend event or yearly. A stake sign with a yearly permit may be re -used every weekend for a year from the date the permit was issued. A single permit may be used for up to ten (10) individual stake signs. 3. Time — A stake sign shall not be erected earlier than 12:00 p.m. on the Friday before the sale or event and must be removed by 12:00 p.m. on the Monday following the sale or event. Stake signs may also be erected not earlier than 12:00 p.m. on the day before a legal holiday and must be removed by 12:00 p.m. on the day after a legal holiday. 4. Place — a. Stake signs shall not be erected closer than five (5) feet from the edge of the street pavement. b. Stake signs shall not be placed closer than sixty (60) feet from another stake sign. c. See Section 1.07 (Sign Specifications and Design). 5. Manner — stake signs shall not exceed six (6) square feet in area. 23 1.10 PERMISSIBLE SIGNS THAT DO NOT REQUIRE THE ISSUANCE OF A SIGN PERMIT The following signs are permissible and do not require the issuance of a sign permit provided the signs comply with the following conditions and the specifications listed in Section 1.07, unless otherwise specified. Signs that do not comply with the following conditions and the specifications are considered prohibited. A. FLAGS 1. Definition — A flag is a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization. 2. The United States flag is exempt from the following conditions. All other flags are permissible subject to the following conditions: a. Time — A flag shall not be placed on a property until a site plan and/or final plat has been approved by the Town for development of the property. b. Place — 1. Flags are permitted in conjunction with both residential and non- residential uses. 2. A flag and its supporting structure shall be located on private property behind the property line. 3. Flags may be placed at parks during social and athletic events. c. Manner — a. The maximum height of a flag pole or other supporting structure shall be thirty (30) feet. b. The maximum area of a flag is sixty (60) square feet. c. A maximum of three (3) flags shall be located on a property. B. HUMAN SIGNS 1. Definition — A human sign is a sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product. A person dressed in costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product shall also be construed as a human sign. 2. Human signs are permissible subject to the following conditions: a. Time — No restrictions. b. Place - All human signs shall be located on private property. 24 c. Manner — No restrictions. C. INSTRUCTIONAL SIGNS Definition - An instructional sign is a sign that provides instruction, information, or direction to the general public. The sole purpose of an instructional sign is to provide instruction, information, or direction to the general public that is essential to the health, safety, and public welfare of the community. An instructional sign shall contain no other message, copy, announcement, or decoration other than the essential instruction, information, or direction and shall not advertise or otherwise draw attention to an individual, business, commodity, service, activity, or product. Such signs shall include, but are not limited to, the following: signs identifying a property's street address, rest rooms, public telephones, handicap parking spaces, reserved parking spaces, freeze warning, no trespassing, no dumping, no loitering, and construction entrance signs. Signs erected by the municipal, state or federal government for the purpose of public instruction, warning, street or highway designation, control of traffic and similar uses incidental to the public interests shall be considered instructional signs. An instructional sign also includes signs of a warning, directive or instructional nature erected by a public utility company that operates under a franchise agreement with the Town. 2. Instructional signs are permissible subject to the following conditions: a. Time - No restrictions. b. Place — No restrictions. Manner — The maximum area of an instructional sign is sixteen (16) square feet. D. VENDING MACHINE SIGN Definition — A vending machine sign is a sign that is attached to a vending machine or gasoline pump and which generally advertises the products dispensed from the vending machine or gasoline pump. 2. Vending machine signs are permissible subject to the following conditions: a. Time — No restrictions. b. Place — No restrictions. Manner - Vending machine signs shall be directly attached to a vending machine or gasoline pump. The signs shall be flat and shall not project from the vending machine or gasoline pump. E. CIVIC SIGNS 1. Definition — A civic sign is a temporary stake sign that publicizes times or locations of meetings or special events of homeowners associations, religious 25 organizations or groups, or civic groups. This definition excludes directional signs for regularly scheduled religious events. A civic sign may also publicize times or locations of special events for schools and athletic team registrations. 2. Time — Civic signs shall be erected no more than seven (7) days prior to the meeting or event and removed no more than forty-eight (48) hours after the meeting or event. 3. Place — See Section 1.07 (Sign Specifications and Design). 4. Manner — Civic signs shall not exceed six (6) square feet in area. F. GOVERNMENT SIGNS 1. Definition — A government sign is a temporary stake sign used to convey information to the public regarding Town, State, or Federal government activities and events. 2. Time — No restrictions. 3. Place — See Section 1.07 (Sign Specifications and Design). 4. Manner — No restrictions. G. HOME IMPROVEMENT SIGN 1. Definition — A home improvement sign is a temporary stake sign that displays the name of a roofing, fence, pool, paint, landscape, or other home improvement contractor. 2. Time — The home improvement sign shall be removed after thirty (30) days of being installed or when the home improvement work is completed, whichever occurs first. 3. Place — A home improvement sign shall be erected on the lot on which the home improvement is occurring. In general, a home improvement sign shall not be erected closer than ten (10) feet from the edge of the street pavement. 4. Manner — a. Home improvement signs shall not exceed six (6) square feet in area. b. A maximum of one (1) home improvement sign shall be erected on a lot. H. RESIDENTIAL REAL ESTATE SIGN 1. Definition — A residential real estate sign is a temporary stake sign that advertises a home or property for sale or lease. 2. Time — No restrictions. W 3. Place — A residential real estate sign shall be erected only on the lot on which the home or property is for sale or lease. In general, a residential real estate sign shall be erected no closer than ten (10) feet from the street pavement. 4. Manner — a. Residential real estate signs shall not exceed six (6) square feet in area. b. A maximum of one (1) residential real estate sign shall be erected on a lot. I. YARD SIGN 1. Definition — A yard sign is a temporary stake sign that publicizes the arrival of a newborn or the participation of a family member in a school activity or sport. Yard signs shall also include signs that advertise the presence of a home security system and seasonal decorations. 2. Time — No restrictions. 3. Place — Yard signs shall be located only on lots containing an occupied single- family, two-family, or multi -family dwelling. In general, a yard sign shall be erected no closer than ten (10) feet from the street pavement. 4. Manner — Signs advertising the presence of a home security system shall not exceed one (1) square foot in area. J. VEHICLE SIGNS 1. Definition - A vehicle sign is a sign that is attached to or placed in or on a truck, bus, car, trailer, boat, recreational vehicle, or any other vehicle. Vehicle signs shall exclude bumper stickers, license plates, and inspection and registration stickers. 2. Vehicle signs are subject to the following conditions: a. Time — No restrictions. b. Place — 1. Vehicle signs are permitted provided that during periods of inactivity such vehicle is not parked in the right-of-way or placed in a manner that the sign is readily visible from adjacent public right-of-way. 2. "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, townhome, or multi -family dwelling unit is permitted. c. Manner — Vehicle signs are permitted provided that: 1. The primary purpose of such vehicle is not for display of the sign; 27 2. The signs are painted upon or applied directly to an integral part of the vehicle; 3. The vehicle is 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; and 4. The vehicles are not used primarily as static displays, advertising a product or service, not utilized as storage, shelter or distribution points for commercial products or services for the general public. K. WINDOW SIGNS 1. Definition —A window sign is a sign that is visible from a public street or sidewalk and that is posted, attached, painted, placed, or affixed in or on a window or a sign that is located within three (3) feet of a window. 2. Window signs are permissible subject to the following conditions: a. Time — No restrictions. b. Place — No restrictions. c. Manner — 1. The square footage of a window sign shall not exceed fifteen (15) percent of the square footage of the window in which the sign is located. 2. No illuminated window signs shall be allowed within two (2) feet of the window glazing except for open/closed signs. L. ZONING SIGNS 1. Definition — A zoning sign is a sign erected to publicize the request for zoning or rezoning of a property. 2. Zoning signs are permissible subject to the following conditions: a. Time — 1. The property owner or his/her representative shall erect the sign on the property fourteen (14) days prior to the first public hearing scheduled to discuss the applicable zoning case. The property owner shall be responsible for maintaining the sign on the property throughout the entire zoning case. 2. The property owner or his/her representative must provide verification with a photograph that the zoning sign is in place one (1) week prior to the first public hearing meeting date. 28 3. The property owner or his/her representative must remove the sign within three (3) days after the Town's approval of the ordinance rezoning the property or after the Town denies the request. b. Place — 1. The sign shall be placed in a location visible from all streets adjacent to the property included in the zoning request. 2. Signs shall be located no greater than twenty (20) feet from front property line, unless otherwise directed by the Director of Planning or his/her designee. c. Manner — 1. One (1) zoning sign shall be erected adjacent to each street frontage of the property. 2. The area of a zoning sign shall be sixteen (16) square feet. 3. The width of a zoning sign shall be four (4) feet. 4. The sign shall be constructed in accordance with Prosper's design standards for zoning signs. M. POLITICAL SIGNS 1. Definition — A sign (1) relating to the election of a person to a public office, (2) relating to a political party, (3) relating to a matter to be voted upon at an election called by a public body, or (4) containing primarily a political message. 2. Time — No restrictions. 3. Place — a. Political signs shall be located only on private real property with the consent of the property owner. In general, a political sign shall not be erected closer than ten (10) feet from the edge of the street pavement. b. See Section 1.07 (Sign Specifications and Design). 4. Manner — a. Political signs shall not exceed thirty-six (36) square feet in area. b. Political signs shall not exceed eight (8) feet in height measured from the ground to the highest point of the sign. c. Political signs shall not be illuminated. d. Political signs shall not contain any moving elements or parts. 5. A sign (i) not meeting each of the requirements of this Section M; or (ii) containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political, is not exempt from the requirements of obtaining a permit, assuming the sign is otherwise allowed by this Ordinance. 1.11 PROHIBITED SIGNS The following signs and activities are prohibited. A. Signs on Vacant Buildings - 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. B. Merchandise Displays - No person shall suspend from any building, or pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island 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 any ordinance of Prosper. C. Balloons or Other Floating Devices - No person shall erect, maintain or permit the erection of any balloon or other floating device anchored to the ground, vehicle, structure, or any other fixed object for the purpose of advertising or drawing attention to a business, commodity, service, sale, or product, except as permitted in Section 1.09(C). D. Commercial Billboard Signs — A large sign, generally supported by a metal frame and consisting of two parallel sign faces oriented in opposite directions, used for the display of posters, printed or painted advertisements that generally direct attention to goods, merchandise, entertainment, or services conducted, sold, or offered at a location other than the premises on which the sign is located. E. Portable Signs - Signs designed or intended to be relocated from time to time, whether or not it is permanently attached to a building or structure, or is located on the ground, are prohibited. Portable signs include signs on wheels or on portable or mobile structures, such as, among other things, trailers, skids, tent signs, A -frame, or T-shaped signs and similar devices, and airborne signs. F. Roof Signs - Signs painted directly upon or mounted on the roof of any building are prohibited. G. Wind Device Signs - With the exception of inflatable signs addressed in Section 1.09(C) and the flags addressed in Section 1.10(A), a pennant, streamer, spinners, balloon, inflatable object or similar device made of cloth, canvas, plastic, or any flexible material that moves or is designed to move freely in the wind, with or without a frame or other supporting structure, used for the purpose of advertising or drawing attention to a business, commodity, service, sale, or product, is prohibited. H. Pole Signs - A sign which is erected on a vertical framework consisting of one (1) or more uprights supported by the ground is prohibited, with the exception of the pole 30 signs specifically authorized by this Ordinance such as panel signs, wood frame signs, and zoning signs. I. Obscene Signs - No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. J. Other Signs - The following signs are prohibited 1. 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; 2. Skylights and searchlights; 3. Appendages to primary signs which have flashing, blinking, or traveling lights; 4. Any sign which emits audible sound, odor, or visible matter; 5. Any sign located on a property where the contents of that 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, unless specifically permitted within this ordinance; 6. Any sign not referenced within, or governed by this Ordinance; 7. Any sign erected without a permit, either prior to or after the adoption of this Ordinance, if a permit was required; 8. Any sign erected in or over public right-of-way or other public property, unless the same is erected 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; and 9. Any lighted sign erected or displayed within one -hundred fifty (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 '/2 lumen measured from any property line of the residential property. 1.12 REMOVAL/IMPOUNDMENT OF PROHIBITED SIGNS A. All signs listed in Section 1.11 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 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 31 the time period prescribed after written notification to do so by the Building 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 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. 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. B. 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 1.12(A), the Building 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. C. 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. 1.13 RECOVERY OF IMPOUNDED 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) per sign for signs which are six (6) square feet or less in area. 2. A fee of four -hundred dollars ($400.00) per sign 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. 1.14 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 to the permit holder by the Building Official, such abandoned signs shall be removed from the premises and 32 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 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 Official. 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 notice. In the event failure to comply with such notice provided under Section 1.14(C), the Building 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. 1.15 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: 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 there under, 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 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. 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 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 33 power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. 1.16 VARIANCES A. Requests for variances to sign regulations and all allegations of errors in orders, decisions, or determinations by an administrative official in administration of the sign regulations shall be made in writing by the applicant and heard by the Town Council at a public hearing. An application for such appeal may be obtained from the Town. The Town Council shall hear, if possible, the request for a variance or the allegation of error within thirty (30) days after receipt of a completed application and applicable application fees. The application will require written authorization from the property owner. B. Before the tenth (10th) day of the date of the public hearing conducted by the Town Council, written notice of the public hearing shall be sent by its deposit in the United States mail to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred feet (200') of the property on which the variance is proposed. The notice shall include a description of the time and place of such hearing, a description of the location of the subject property, and a description of the requested variance. In addition, the notice shall be published in the official newspaper of the Town, stating the time and place of such hearing, a minimum of ten (10) days prior to the date of the public hearing. C. In order to approve a request for a variance, the Town Council shall determine that the request meets four (4) of the following five (5) criteria: 1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant; 2. The proposed sign shall not adversely impact and will be wholly compatible with the use and permitted development of the adjacent property (visibility, size, etc.); 3. The proposed sign shall be of a unique design or configuration; 4. The special exception 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 erected, and such hardship is not self imposed; 5. The special exception will substantially improve the public convenience and welfare and does not violate the intent of this Ordinance. D. A variance shall not be approved for a sign that is prohibited by Section 1.11 of this Ordinance. 1.17 SPECIAL EVENTS SIGNAGE A. Special events are generally defined as a festival, fair, tournament, or other similar happening. Should Town staff question a proposed activity or celebration as a valid special event, a description of the proposed activity or celebration will be prepared by the applicant and forwarded to the Town Council by Town staff for the Town Council's consideration of the event as a special event. Business promotions such as grand openings and sales events shall not be classified as a special event. 34 B. Banner signs, stake signs, and inflatable signs may not be erected to advertise a special event until a sign coordination plan as defined in Section 1.18 has been approved by the Town. The sign coordination plan will be required to illustrate the location of the banners, stake signs, and inflatable signs to be used for a special event. C. Signage associated with a special event may be erected for a maximum of twenty one (21) days and shall be removed no later than twenty-four (24) hours after the event. 1.18 SIGN COORDINATION PLAN A. A sign coordination plan is required to be prepared for variance requests. A sign coordination plan is also required prior to the permitting of specified signs to determine overall sign locations on a property, the relationship of the signs to surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a unified development zone or residential development. The sign coordination plan shall be submitted to the Planning Department. A calendar of official submittal dates shall be published by the Town thirty (30) days prior to the beginning of each calendar year. All applications received on a date other than an official submittal date shall be dated received on the next official submittal date. B. A sign coordination plan shall contain the following information: a. Elevations of the signs illustrating the materials of construction, colors, lighting, font of letters, and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building. b. Elevations depicting the size of the signs in relation to the size of the buildings within the development. c. A plan drawn to preliminary plat 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. d. Other information to illustrate the consistency and uniformity of the signs. e. For unified development signs, the sign coordination plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included on the unified development signs erected within the unified development zone. C. For non-residential and multi -family developments, the sign coordination plan shall be submitted to the Town for review with a preliminary plat 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. D. A sign coordination plan required of specified signs shall be submitted to the Planning Department. The plan will be reviewed in accordance with the Town's Development Review Schedule and considered for approval by Town staff. Staff may approve or deny a sign coordination plan. Should staff deny a sign coordination plan, the plan may be forwarded to the Town Council for their review and consideration upon receipt of a written appeal request. The Town Council may 35 approve or deny the plan. The decision of staff and the Town Council is discretionary. The Town Council's decision is final. 1.19 ILLUSTRATIONS A. Permissible signs that require the issuance of a sign permit. 1. Awning Sign 2. Banner Sign 3. Inflatable Sign 5. Internal Directional Sign =: E=Gatremy Sai Motor Sank � Emiante w 4. Monument Sign 6. Menu Board Signs 36 7. Unified Development Sign IMT 1 CITY ��:,rc�rvQ► .� -------------- --.1 9. Projecting Sign 11. Sandwich Board Sign 8. Panel Sign 10. Secondary Roof Sign 12. Subdivision Entry Sign 37 13. Subdivision Monument 14. Wall Sign 15. Wood Frame Sign 17. Canopy Sign , 16. Scoreboard 18. Stake Sign 38 B. Permissible signs that do not require the issuance of a sign permit. 1. Flags Le 3. Instructional Sign XSE FPAKfKG 1 5. Civic Sign 2. Human Sign 4. Vending Machine Sign W � �.� }�y • -ti j r, r' e ttV� '4 w 6. Vehicle Sign 39 7. Window Sign C. Prohibited Signs 1. Commercial Billboard Sign 3. Roof Sign 4 � 8. Zoning Sign 2. Portable Sign 1 •.. SW :Tip., 4. Pole Sign r 40