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05-76 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-76 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO. 04-03, SECTION 1.03(D) FEES, SECTION 1.03(E) INVESTIGATION, SECTION 1.09(H) BLANK, AND SECTION 1.09(R) STAKE 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 No. 04-03(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 No. 04-03(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 No. 04-03 (Regulation of Signs) Section 1.03(D) Fees. Ordinance No. 04-03, Section 1.03(D) Fees is hereby amended to read as follows: D. FEES. The fee for sign permits,excluding single event stake signs, shall be seventy-five(75)dollars per sign. The permit fee for a single event stake sign shall be five(5)dollars. SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.03(E) Investigation. Ordinance No. 04-03, Section 1.03(E) Investigation is hereby amended to read as follows: 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 double the amount of the permit fee required by this ordinance. SECTION 4: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.09(H) Blank. Ordinance No. 04-03, Section 1.09(H) Blank is hereby amended to title it Residential/Civic Directional Signs and to make it read as follows: H. RESIDENTIAL/CIVIC DIRECTIONAL SIGNS 1. Definition -A residential/civic directional sign is a temporary off-site sign that advertises and directs traffic to developing single-family or two-family subdivisions and civic uses, such as schools, Town facilities, or churches. 2. A residential/civic directional sign is permissible subject to the conditions listed below and upon the issuance of a sign permit. A sign permit for a residential/civic directional sign is only valid for a period of one (1) year. Upon expiration of a sign permit, a new permit may be issued so long as each of the conditions below are still satisfied. However, a maximum of four(4) new permits may be issued for any single residential/civic directional sign, for a maximum total of five (5) years for the life of the sign. The sign applicant shall remove the sign from the property within thirty (30) days after the final expiration of the sign permit. If the applicant fails to remove the sign within the thirty(30)days, the Town will remove the sign. The applicant shall provide a one thousand (1,000) dollar deposit at the time of the original permit application for removal of the sign. If the applicant removes the sign within the thirty (30) days referenced above, the one thousand (1,000) dollar deposit will be refunded to the applicant with fourteen (14) business days of a written request for refund. a. Time—A sign permit shall not be issued to erect or place a residential/civic directional sign on a property until a final plat for the single-family or two-family subdivision being advertised has been filed at the County or until a certificate of Occupancy has been issued for the civic use being advertised. The sign shall be removed upon the issuance of Certificates of Occupancy for ninety-five (95) percent of the homes within the single-family or two-family subdivision being advertised. b. Place— 1. Residential/civic directional signs are permitted on a property that is adjacent to a Major Thoroughfare, as designated on the Town's Thoroughfare Plan with the exception that residential/civic directional signs are not permitted where they are visible from University Drive. 2. Residential/civic directional signs are permitted on a property that is either undeveloped or used for agricultural purposes. Upon development or change of use from agricultural, the sign shall be removed. 3. Minimum setback is fifteen (15) feet from the front, side, and rear property lines. There shall be a minimum separation of one thousand (1,000) feet between any two (2) residential/civic directional signs located on the same side of the same street. c. Manner— 1. A maximum of three (3) residential/civic directional signs shall be permitted for each single-family or two-family subdivision, including those subdivisions with multiple phases, or civic use being advertised. 2. A maximum of one (1) residential/civic directional sign shall be placed on a property per street frontage. If multiple residential/civic directional signs are permitted on a tract of land, only one (1) sign shall be placed along each street frontage. It shall be the responsibility of the sign applicant to secure the necessary permission from the owner of the property on which the sign is to be installed, including permission for the Town to access the property to remove the sign, if necessary. Proof of this permission shall be submitted for review prior to issuance of a sign permit. 3. Residential/civic directional signs may only be used to advertise single-family or two- family subdivisions or civic uses that are located within the Town. 4. Residential/civic directional signs shall have a solid stone border, a minimum of twelve (12) inches thick, along at least two(2)sides of the sign. 5. The maximum area of a residential/civic directional sign, including the one-foot stone border, is eighty(80)square feet. 6. The maximum height of a residential/civic directional sign is eight(8)feet. 7. The minimum height permitted for text and graphic elements is six(6) inches. 8. Residential/civic directional signs may not be illuminated. SECTION 5: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.09(R) Stake Signs. Ordinance No. 04-03, Section 1.09(R) Stake Signs is hereby amended to read as follows: R. STAKE SIGNS 1. 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 from the date the permit was issued to the end of that same calendar year. 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— a. Stake signs shall not exceed six(6)square feet in area. b. Stake signs may only be used to advertise or convey information relating to the date, time, location,directions, operation,and/or name of a sale or event that is located within the Town. c. The number of yearly stake signs that may be permitted for any one (1) advertised entity, sale, or event at the same location shall be a maximum of twenty(20)signs. SECTION 6: 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 7: 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 8: 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 9: 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 September, 2005. Charles Niswanger, May ATTESTED TO AND CORRECTLY RECORDED BY: Shanae Jennin , own Secreta DATE OF PUBLICATION: 1,6:3--- 14 l"t 4f, Dallas Morning News—Collin County Edition