§ 6-263. Definitions.

Abandoned sign. Any sign that remains in place and continues to advertise a business of entity that has ceased operations or has closed for 30 days or more following said closure or ceasing of operations shall be considered abandoned.

Athletic field sign. A sign located on or adjacent to an athletic field, and facing the athletic field, which is used to display the names of teams, scores and/or information relating to an athletic event.

Attached sign. Any sign attached to, applied on, or supported by any part of a building located on premises.

Awning sign. A permanent sign that is directly applied, attached or painted onto an awning, which is a projection, shelter or structure of canvas, metal, wood, or other similar approved material that covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature.

Banner sign. A temporary sign made of cloth, canvas or other light fabric.

Billboard. An off-premises sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

Buildable area. The portion of a lot excluding the setbacks required by the zoning ordinance and any easements, wetlands, and other environmentally sensitive areas.

Building. Any structure that has a roof supported by columns or walls for the shelter, support, or enclosure intended for persons, animals or material goods for any use or occupancy. When separated by dividing walls without openings in a manner sufficient to prevent the spread of fire, each portion of such structure so separated may be deemed a separate building.

Changeable electronic message/reader board component or sign. A sign or portion of a sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a light-emitting diode ("LED") or digital sign, and which varies in intensity or color. The term "changeable electronic message/reader board sign" does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the national standard.

Chief building official. The chief building official, designee, or other city authorized agent appointed by the city manager.

Commercial sign. Any sign utilized for the purpose of benefiting a not-for-profit or for-profit enterprise, person or activity and/or advertising the sale of a product, good or service, or other similar venture for the purposes of economic gain.

Community garage sale. An occasional sale occurring at the residences of several individuals within one subdivision or in one general geographic area, where the residents work together to share advertising and other costs; and whereby tangible personal property is sold for the monetary benefit of the property owners or residents individually.

Dilapidated. Any surface element, background, panels, or support of any sign that has finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped, torn, twisted, or unsightly. Dilapidated is further defined as when the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the International Building Code currently adopted by the city.

Directional sign. A sign that directs vehicular or pedestrian movement on the premises or property, such as, but not limited to, entrance, exit, or overhead clearance and which does not advertise the name of the establishment.

Effective sign area measurement. The entire advertising area of a sign excluding any framing, trim, or molding and the supporting structure.

Erect. To build, construct, attach, hang, place, suspend, or affix.

Façade. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, eaves and the entire width of the building elevation.

Feather sign. A device temporarily placed in the ground for the purpose of attracting attention to a business and/or event made of an upright pole and a flexible fabric area on which the signage is placed that is intended to move with wind currents.

Flag. A piece of fabric or other approved flexible material attached to a support staff on one end used as a symbol of a nation, state, political subdivision, corporation, or organization.

Flagpole. A device permanently placed in the ground for the purpose of flying a flag of the nation, state, political division or organization.

Garage sale sign. Any sign that directs or draws attention to a sale by a resident of a home or group of residents for the purpose of selling primarily household goods to the general public on a limited (not continual) basis.

Governmental sign. Any sign erected or maintained pursuant to and/or in discharge of any governmental function, required by law, ordinance, or governmental regulation; or located on property owned, leased, or under the control of the federal, state or local government.

Group garage sale. An occasional sale generally occurring at a commercial site, whereby a not-for-profit group or organization sells tangible personal property for the general purpose of fund-raising.

Hanging sign. A freestanding sign supported by an extended arm of a single post with the top edge of the sign face not exceeding eight feet above the grade level (see also Projecting sign).

Historic or memorial plaque. A commemorative sign of recognized historical societies and/or organizations.

Identification sign. A sign giving the nature, logo, trademark, or address, or any combination of the above, of a building, business, development or establishment on the premises where it is located.

Illuminated sign. Any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, LED, or other means that are specifically placed to draw attention to or to provide nighttime viewing of the subject matter on the sign.

Individual garage sale. An occasional sale occurring at the residence of an individual, whereby tangible personal property is sold for the monetary benefit of the property owner or resident.

Inflatable sign. A sign manufactured of plastic, cloth, canvas or other flexible or light fabric, inflated with air, secured to the ground or roof of a building and does not float or hover.

Legal, nonconforming sign. A sign lawfully constructed prior to the adoption of the current article and continuously maintained, but that does not comply with the current article.

Lightpost banner. A fabric sign, attached to a traffic, signal, utility or light pole, that is not commercial in nature, but rather identifies or announces a place, event or season.

Logo. Any design, insignia or other marks which is used in advertising to identify a company, business or product.

Mailbox and/or newspaper rack sign. Any sign located on mailboxes, newspaper vending machines and/or curbside residential newspaper holders which identify the owner and address of the premises and/or the name of the newspaper sold or subscribed to.

Marquee sign. A sign designed to have changeable copy that can be changed either manually or electronically (see also Electronic reader board sign).

Mannequin sign. A stationary or mechanical portable sign meant to resemble a human being or other figure for the purpose of attracting attention to a business and/or event and that may include a spinning, moving or illuminated sign.

Mechanical sign. Any sign which rotates, shakes or moves by means of a motor, battery or other means.

Menu board sign. A sign that designed to display the menu of a restaurant and its prices used in conjunction with a drive-through or drive-in and generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.

Monument sign. A sign permanently placed upon, or supported by the ground independent of the principal building or structure on the property.

Multitenant commercial development. A building or group of buildings including, but not limited to, shopping centers and office parks, constructed and managed as a total entity with customer and employee parking provided on-site.

Nuisance sign. A sign that is illegally placed in or on areas prohibited by the sign ordinance, including rights-of-way, medians, utility poles, traffic signs, light poles. Such sign may advertise websites, door-to-door product sales, and other businesses that may be run as a home business.

Off-premises sign. A sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc. at a location other than where the sign is located.

Open house sign. Any sign that directs or draws attention to a sales event at a particular home whereby said home is open to the public for viewing for the purposes of a subsequent sale of said home.

Organization event sign. An organization event sign is defined as a sign used to advertise an infrequent special event outside of normal activities which is likely to attract visitors, and is an opportunity for leisure, social or cultural experiences by attendees. To qualify for advertisement of such an event on city signs, the hosting group shall meet one of the following criteria:

(a)

A group that is cosponsored or has a contractual agreement with the city and has a not-for-profit status;

(b)

A group that is cosponsored or has a contractual agreement with the city and is a for-profit entity, but is advertising only for a special event outside of normal commercial activity; or

(c)

A group that is not co-sponsored and/or does not have a contractual agreement with the city, but has a not-for-profit status.

Such special events may include, but are not limited to, any public amusement or event that will take place on a public right-of-way, exhibitions, automobile shows, tournaments, running events, festivals, carnivals, air shows, group garage sales, outdoor shows/concerts, craft fairs, block parties, parades and religious events within the city.

Due to space limitations, qualifying for use on city signs does not guarantee placement on any or all of the signs. City staff will assign placement of individual event placards to sign locations on a first-come, first-serve basis.

Person. Any individual, firm, partnership, corporation, company, limited liability company, organization, business or other entity of any kind.

Placard for organization event signs. A placard is a removable sign that is designed to fit in the permanent organization event signs that are placed by the city in the rights-of-way within the city. Such placards shall be 11½ inches in height and 48 inches wide and made of a pliable magnetic material suitable for the design specifications of the organization event signs.

Pole sign. Any sign that is constructed on a vertical framework consisting of one upright support secured in the ground.

Political sign. A temporary sign announcing or supporting political candidates or issues in connection with a national, state or local election.

Portable sign. Any sign not permanently attached to the ground or to a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to: signs affixed to trailers, mannequin signs, or signs on metal stands with skids or wheels.

Premises. A lot, parcel, tract, or plot of land together with the buildings and structures thereon.

Private traffic control sign. Any on-premises sign that directs the movement of traffic on private property or warns of obstacles or overhead clearances, including, but not limited to, entrance and exit signs.

Projecting sign. A sign that is wholly or partially dependent upon a building for support and extends more than 12 inches from said building.

Property sale or lease sign. Any sign that advertises property for sale or lease. May refer to vacant land or to developed property.

Pylon sign. A freestanding sign that has two or more supports and is permanently affixed to the ground by such supports, but not having the appearance of a solid base.

Railway sign. Any sign within or on railway property and placed or maintained in reference to the operation of such railway.

Residential fence sign. Any sign affixed to a residence that displays the address numbers and/or warning or directional signs pertaining only to that residence.

Residential holiday sign. Any sign containing only holiday messages with no commercial advertising.

Roof sign. A sign mounted on and supported by the roof portion of a building or above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly to the roof or top of a building. A sign that is mounted onto mansard façades shall not be considered a roof sign.

Searchlight sign. Any use of lighting intended to attract the general public by the waving or moving of light beams.

School affiliation sign. Any sign that designates participation or support for a school or school activity and is placed on individual residences located within residential zoning districts.

Sign. Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product, by means of words, figures, numerals, emblems, devices, trade names, or trademarks, or other pictorial matter that communicates information of any kind to the public.

Sign on outdoor machines, devices and equipment. Any sign located on an outdoor machine, device, or equipment which displays the trademark, trade name, manufacturer, cost, operating or service instructions, or similar information, but not advertising the business where said equipment is located. These signs may include, but are not limited to, coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines, devices, or equipment.

Sign/placard on persons. Any hand-carried or held sign, symbol or display on persons.

Special event sign. Any freestanding sign specifically announcing one special event held within the corporate city limits of the City of The Colony sponsored by a civic, nonprofit, or philanthropic organization.

Subdivision entry sign. Any sign mounted to a screening wall or engraved into a masonry facade that identifies a development and generally refers to the platted name of a subdivision or planned development.

Temporary sign. Any sign intended for display for a limited period of time and that is designated with a time frame as referenced in section 6-261, Specific sign criteria.

Temporary nuisance sign. Any temporary sign placed in the public right-of-way and/or on public property that is not otherwise expressly allowed to be located within the public right-of-way and/or on public property, pursuant to this section.

Total sign area. The effective sign area plus any base or support structure.

Utility sign. Any sign marking utility or underground communication or transmission lines.

Vehicular sign. Any symbol, wording, and/or graphic painted on or attached to a vehicle, where said vehicle is placed in view of the traveling public so that its primary function is to have the effect of a stationary or monument sign, unless said vehicle is used in the normal day-to-day operation of the business. A vehicular sign for the purpose of this article does not include any sign that identifies a vehicle used for a business which advertises only the company name, address and phone number.

Visibility triangle. Twenty feet measured from any intersection back in both directions and the diagonal line that would connect the two perpendicular lines. This area shall be kept free of all structures, signs, landscaping or anything that may interfere with the safe operations of a vehicle.

Wall sign. A sign affixed to or painted on an exterior wall.

Wayfinding sign. A sign erected by a governmental entity that indicates the general direction to a civic place, such as a park, school or civic center; or a sign that indicates the presence of various civic or philanthropic groups within the city, such as the Lions Club or Kiwanis Club. Such sign is typically part of an overall city theme which promotes and supports tourism.

Wind device. Any pennant flag, streamer, spinner, balloon, or similar devices made of cloth, canvas, plastic, or any flexible material designed to float or move freely. Flags, inflatable signs, and banners shall not be considered a wind device.

(Ord. No. 2011-1896, § 2, 4-5-2011; Ord. No. 2011-1921, § 3, 10-4-2011; Ord. No. 2012-1950, §§ 6, 7, 4-3-2012; Ord. No. 2014-2068, §§ 5, 6, 5-6-2014)