HomeMy WebLinkAboutOrdinances (O-94-943)-05/03/1994
ORDINANCE 0-94-943
AN ORDINANCE AMENDING CHAPTER 3 OF THE COLLEYVILLE CODE BY
MODIFYING SECTION 3 AND ORDINANCE NUMBER 0-91-812 AND ESTABLISHING
A NEW SIGN CODE, ESTABLISHING DEFINITIONS, REQUIRING PERMITS,
PROVIDING FOR EXEMPTIONS FROM PERMITS, PROVIDING FOR THE
REMOVAL OF SIGNS, ESTABLISHING A SIGN BOARD OF APPEALS AND A
MUNICIPAL BOARD ON SIGN CONTROL, ESTABLISHING REGULATIONS
CONCERNING THE NATURE, TYPE, SIZE, CONSTRUCTION AND LOCATION OF
SIGNS, PROHIBITING CERTAIN TYPES OF SIGNS, ESTABLISHING PENALTY
PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR
PUBLICATION.
WHEREAS, certain provisions of the Sign Code were in need of modification or
clarification, and
WHEREAS, the City Council finds that in order to promote the purposes enunciated
in this Ordinance, the passage of this Ordinance is required.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1:
THAT the following portions of Section 3 of Chapter 3 of the Colleyville
Sign Code and Ordinance number 0-91-812, be amended to read as
follows:
SECTION 3: SIGN CODE
C. DEFINITIONS
(8 Z) Facing or Surface: The word "facing" or "surface," shall mean the
surface of the sign upon, against, or through which the message
is displayed or illustrated on the sign.
(7~) Flag: A piece of cloth, canvas, or fabric, usually rectangular in
shape, containing a distinctive design or message that is used or
which is capable of use as a symbol or signal to attract attention.
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Ordinance # 0-94-943
(11) Incombustible Material: The term "incombustible material" shall
mean any material '.vhich will not ignite at or below a temperature
of 1,200 degrees Fahrenheit, and will not continue to burn or glow
at that temperature.
(~ 11)
(-1-3 W
(44 ll)
(-1-& 14)
(46 15)
Illumination, Direct: Lighting by means of an unshielded
light source, (including neon tubing, strobe, etc.) which is
effectively visible as part of the sign, where the light travels
directly from the source to the viewer's eye.
Illumination, Indirect: Lighting by means of a light source,
not itself visible, which is directed at a reflecting surface in
such a way as to illuminate the sign, or a light source which
is primarily designed to illuminate the entire building facade
upon which a sign is displayed. Indirect illumination does
not include lighting which is primarily used for purposes
other than sign illumination, e.g., parking lot lights or lights
inside a building which may silhouette a window sign but
which are primarily installed to serve as inside illumination.
Illumination, Internal: Lighting by means of a light source
which is within a sign having a translucent background,
silhouetting opaque letters or designs, or which is within
letters or designs which are themselves made of a
translucent material.
Light Sources: Includes neon lights, fluorescent lights,
incandescent lights, and any reflecting surface which, by
reason of its construction and/or placement becomes in
effect a source of light emission.
Logo: A "logo" is any design or insignia of an organization,
individual, company, product which is commonly used in
advertising to identify that organization, individual, company
or product.
!.1ID Non-Combustible Material: The term "non-combustible material"
shall mean any material which will not ianite at or below a
temperature of 1.200 dearees Fahrenheit. and will not continue to
burn or alow at that temperature.
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(34) Sign, Billboard: A "billboard sign" is any sign which promotes or
advertises commodities or services.. and the erection or
maintenance of the sign of is the primary use of the land upon
which the sign is located. A billboard sign shall include, but is not
limited to, those signs whose message space is available for
lease, rent or hire, separate and apart from any commodity or
service which is not limited to being offered solely on the premises
on which such sign is located.
(44) Sign, Illegal Nonconforming Non-confonnina: An "illegal
non:conforming sign" is a sign which was in violation of any of the
ordinances of the City of Colleyville governing the erection or
construction of such a sign at the time of its erection, and which
has never been erected or displayed in conformance with all such
ordinances, including this code, and which shall include signs
which are pasted, nailed, painted or otherwise unlawfully displayed
upon structures, utility poles, trees, fences or other structures.
(48) Sign, Legal Nonconforming Non-confonnina: A "legal
nonconforming non-conformino sign" is any sign which was
lawfully erected and maintained prior to the enactment of the Sign
Code and any amendments thereto, and which does not conform
to all of the applicable regulations and restrictions of the Sign
Code.
(50) Sign, Monument: A "monument sign" is a sign in which thore is a
solid base and no visible space bet\veen the sign and the ground
t&YeI mounted on a solid base or pedestal with no visible space
between the sion and the base or pedestal. The sign is not
mounted on visible poles, struts, wires, or other visible structures.
The sion base or pedestal may be constructed of any solid
material. The sian shall be a minimum of 4-1/2 inches thick. and
the base or pedestal shall be a minimum of 6 inches thick.
(60) Sian. Pvlon: A "pylon sion" is any sion supported bv two or more
free-standino poles. and havino no ouvs or braces.
(00 61) Sign, Reader Board: A "reader board sign" is any sign comprised
of non-permanent letters which allows a change of sign copy by
adding or removing letters. The sign copy shall conform to the
category use of the sign allowed by this ordinance.
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Ordinance # 0-94-943
(64 62)
Sign, Real Estate: A "real estate sign" is any temporary or
permanent sign pertaining to the sale or rental of property, and
advertising property only for use for which it is legally zoned.
Such signs shall include, but shall not be limited to, the following:
(a) Subdivision-Development Real Estate Sign: An on-site sign
providing identification and information pertaining to a
residential or commercial development.
(b) Subdivision-Directory Real Estate Sign: An on-site sign
identifying the builders in the subdivision.
(c) Subdivision-Entry Real Estate Sign: A sign advertising or
providing information about a residential or commercial
subdivision.
(d) Subdivision-Off Site Real Estate Sign: A sign providing
direction to or information about a residential or commercial
subdivision.
(e) Subdivision-Wall Plaque Real Estate sign: A permanently
affixed sign attached to the entryway or perimeter wall of a
subdivision to identify the subdivision by a name or logo.
(f) Temporary-On Site Real Estate Sign: A sign not to exceed
8 square feet in area announcing the offering for sale or
rent of a residential or commercial property on which the
sign is located.
(g) Temporary-Off Site Real Estate Sign: A sign not to exceed
8 square feet in area, providing directions or information
about the sale or rent of a residential or commercial
property.
(62 63) Sign, Roof: A "roof sign" is any sign 'erected upon or above a roof
or parapet of a building or structure.
(63 64) Signs, Seasonal/Special Sales: A "seasonal sign" or "special sale
sign" is a sign which is temporary and is limited to a specific
activity or in the celebration of holidays or other special events.
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Ordinance # 0-94-943
(64 2ID Sign, Subdivision Directional: A "subdivision directional sign" is a
sign which is both temporary and directional in nature. Such signs
may be placed during the weekends only, from 12:00 noon on
Friday to 12:00 noon on Monday. Such signs may be located on
or off premise. Text on such signs may only contain the name of
the subdivision which must be located within the City of
Colleyville, Texas.
(6& 66) Sign, Temporary: A "temporary sign" is a sign which includes, but
is not limited to, a sign, banner, pennant, flag, searchlight,
inflatable, outside display of merchandise or similar device which
is to be displayed for a limited period of time. At the end of such
period of time, such sign shall be removed. Temporary signs shall
include, but shall not be limited to: banners, flags, pennants,
searchlights, vehicle mounted signs, construction signs,
development signs, ground signs, inflatable signs, model home
signs, political signs, off-premises real estate signs, on-premises
real estate signs, strobe lights, garage sale signs, and outdoor
display of merchandise.
(00 67) Sign, Vehicle Mounted: A "vehicle mounted sign" is a sign
displayed upon a trailer, van, truck, automobile, bus, railroad car,
tractor, semi-trailer or other vehicle, whether or not such vehicle is
in operable condition.
(67 68) Sign, Wall: A "wall sign" is any sign erected flat against an
exterior wall, supported by the wall, and having the sign face
parallel to and not more than twelve inches from the wall surface.
Neon tubing attached directly to a wall surface shall be
considered a "wall sign."
(as 69) Sign, Window: A "window sign" is any sign, banner, poster, or
display located on the internal andlor external surface of the
window of any establishment which advertises services, products
or sales available within said establishment or which announces
the opening of said establishment.
D. ADMINISTRATION
(3) Application for Sign Pennit.
(f) Scaled site plan showing:
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Ordinance # 0-94-943
(ii) the position of the sign in relation to nearby
structures or StlGA other related signs; and
illll dimensions of setbacks. buildina lines. distances
between the sian and streets and property lines.
(9.1 Scaled drawina of the sian includina heiaht. width. area.
desian and text.
(g h) Such other information as may be requested by the building
official, including, without limitation, engineered construction
drawings of the sign.
(4) Exemptions from Requirement for Pennil
(c) political signs not exceeding twelve square feet in area
located on private property, by or with the permission of the
owner of the property; provided, however, political signs
which advertise or promote a particular individual for offic or
a particular issue shall not be erected more than 30 days
prior to the election in which such individual or issue shall
be voted upon and said political sign shall be removed
within 3 days 7 days after said election.
(5) Fees
((b) Every application for a temporary sign permit shall be
accompanied by a non-refundable fee of $25.00 $35.00 for
the processing and issuance of the permit.
(c) Every application for the use of a search light constituting a
sign shall be accompanied by a non-refundable fee of
$25.00 $35.00 for the processing and issuance of the
permit.
F. SIGN BOARD OF APPEALS
(3) Procedures of Board. The Board shall elect a chairman and a
vice-chairman, who shall preside in the chairman's absence. The
Code Enforcement Department of the City shall provide staff
support to the Board. The minutes of the meetings shall be
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Ordinance # 0-94-943
recorded, showing the vote of each member upon the question,
and shall be made a matter of public record. F+ve Four members
of the Sign Board of Appeals shall constitute a quorum. In the
event of the absence of the chairman and vice-chairman, the five
four members constituting the quorum shall elect for that meeting
a member to preside as acting chairman and to assume all duties
of the chairman. The concurring vote of four members of the
Board shall be necessary to render a decision on any matter
before the Board. The Sign Board of Appeals shall meet monthly
provided there has been an appeal or request for variance filed
with the building official fourteen days prior to the meeting date.
(4) Variance. A person may request a variance from the Sign Code
by filing said request with the building official. Any request for a
variance shall be accompanied by a non-refundable filing fee of
$50.00 $125.00. Said request for variance shall be referred for
consideration to the Sign Board of Appeals. In considering a
request for a variance to the provisions of the Sign Code the Sign
Board of Appeals shall consider, among other things, the degree
of variance, the reason for the variance requested, the location of
the variance request, the duration of the requested variance, the
affect on public safety, the protection of neighborhood property the
degree of hardship or injustice involved, and the affects of the
variance on the general plan of regulations of signs within the
City.
G. LIMITATIONS APPLICABLE TO SIGNS REQUIRING A PERMIT.
(1) Limitations for pennanent, On-Premise Signs Attached to
Structures
(b) All permanent, on-premise signs attached to structures
shall comply with the following standards:
(1) Projecting Signs.
The horizontal portion of any projecting sign shall not
extend more than six feet, six inches from the
building face and shall not be closer than two feet
from the curb line. Tho height of the sign shall not
exceed two feet. Such signs shall be an integral part
of the architectural design of the building. Vertical
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Ordinance # 0-94-943
clearance shall be subject to the requirements of
subsections (8) and (9) of this section part G(1 )(b).
Projecting signs may be illuminated.
(2) Marque~ Signs.
Marque~ signs shall be built as an integral part of
the marque~ and shall be constructed of
incombustible material. The maximum gross surface
area of a marquee sign shall be 40 square feet or
the product of two times the lineal footage of the
building or store frontage on which the sign is
located, whichever is greater, and shall not be closer
to the curb than two feet from the curb line.
Marque~ signs shall not have a vertical height of
more than six feet nor exceed 75% of the width of
the building or store frontage to which they are
attached. Marque~ signs shall not extend above the
wall to which they are attached. Vertical clearance
shall be subject to the requirements of subsection (8)
and (9) of this section part G(1 )(b). Marque~ signs
may be illuminated.
(3) Wall Signs.
The maximum gross surface area of a wall sign shall
be 40 square feet or the product of two times the
lineal footage width of the wall on which such signs
are located, whichever is greater. Wall signs shall
not have a vertical height of more than six feet, nor
exceed 75% of the width of the wall area to which it
is attached. Vertical clearance shall be subject to
the requirements of subsections (8) and (9) of this
soction part G(1 )(b). Wall signs shall not extend
above the wall to which they are attached. Where
two or more wall signs are installed in a single wall
area, the gross surface area may not exceed tWG
times the lineal width of the 'Nail on 'Nhich the signs
are located 40 square feet or the product of two
times the lineal width of the wall on which the signs
are located, whichever is areater. Such signs shall
not be arranged as to have a vertical height of more
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Ordinance # 0-94-943
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than six feet. The combination of the sign widths,
when placed side by side, shall not exceed 75% of
the width of the wall area to which they are attached.
General business wall signs must be located over
the premises which they advertise. Wall signs may
be illuminated; provided, however, illuminated wall
signs on rear building facades are prohibited.
((5) Canopy Signs.
A canopy sign may be placed on or may be an
integral part of the face of a canopy. The sign may
consist of only the name andlor logo of the business
at the location of the canopy and may be no greater
in size than ~ 20% of the face of the canopy of
which it is a part or to which it is attached and shall
not extend beyond the face of the canopy either
vertically or horizontally. An illuminated strip may be
incorporated into the canopy. The strip may not
extend along the entire length of the face of the
canopy. Width or thickness of the strip shall be
limited to one-third of the vertical dimension of the
face of the canopy. The internal illumination of the
canopy is limited to the portions of the canopy face
on which a sign or strip is permitted.
(6) Subdivision Wall Signs or Plaques.
Subdivision wall signs or plaques shall not exceed
15 square feet in area. Subdivision wall signs or
plaques are limited to one per subdivision entryway
and may be illuminated by means of spot lighting
indirect illumination only. Subdivision wall signs or
plaques shall only be attached to approved masonry
screening wall.
(8) Subdi'.'ision Directional Signs. (This entire section
has moved to section G. (5) (a),
(9 fl) Projection over Public Property.
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If the vertical clearance of the sign above the ground
is less than eight feet, no projection is permitted. If
the vertical clearance of the sign above the ground
exceeds eight feet, a projection of up to four feet or
one-third of the width of the sidewalk below,
whichever is less, is allowed.
(4-G ID Projection Over Private Property,
Projections other than awning or canopy signs over
private property shall be allowed over pedestrian
sidewalks, walkways and corridors, but not to exceed
the following:
Vertical Clearance
Maximum Proiection
less than 8 feet
8 feet or more
3 inches
4 feet
(2) Limitations on pennanent, On-Premise Freestanding Signs.
(b) All permanent, on-premise, freestanding signs may be
illuminated and shall be monument signs except for pole or
pylon signs which are allowed in non-residential zoning
districts with frontage on a roadway having a 55 mile per
hour or greater speed limit as provided in part G(2) t91 19
(3) hereof.
(c) All permanent, on-premise, freestanding, signs shall comply
with the following standards:
(3) Freeway Signs.
On-premise freeway signs may be erected only in
districts zoned CC, ML, CPO, CN, PUD C, PUD I,
and /\G AG. C-PO. CN. CC. ML. PUD-C. and PUD-I
where the property on which the sign is located is
directly adjacent to a thoroughfare where the legal
speed limit is 55 miles per hour or greater. Pole QI
QY.!Qn signs are allowed. The maximum gross
surface area of on-premise freeway pole or pvlon
signs shall be 250 square feet per side. On-premise
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Ordinance # 0-94-943
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freeway pole or pylon signs shall have a maximum
height of 35 feet and a minimum set-back of 30 feet
from the front and side property lines. In the event
the property is located at or near an intersection, the
sign shall be set-back a minimum of 50 feet to the
corner of any intersection. Where a monument sign
is used, the maximum gross surface area of an
on-premise, freeway, monument sign shall be 100
square feet. On-premise freeway monument signs
shall have a maximum height of 12 feet and a
minimum set-back of 30 feet from the front and side
property lines. There shall be a minimum of 500 feet
spacing between on-premise freeway pole or pylon
signs and a minimum of 60 feet from any other
freestanding sign. On-premise, freeway, monument
signs shall have a minimum separation of distance of
60 feet from any other freestanding sign.
(4) General Business Signs.
General business signs shall be erected only in
non-residential zoning districts. The maximum gross
surface area of a general business sign shall be 90
square feet per side for a monument style sign. The
maximum height of a monument, general business
sign shall be 10 feet and shall be set-back from the
front property line a minimum of eight feet and a
minimum of 30 feet from the side property line.
General business signs shall have a minimum
separation distance of 60 feet from any other
free-standing sign. General businoss signs shall be
constructed of non combustible materials. Such
signs are to be supported by non combustible
supports whcih are in a finished condition. ('Nood or
unfinished steel is not allowod).
(5) Identification/Directory Signs.
Identification/directory signs shall be erected only in
non-residential zoning districts. The maximum gross
surface area of identification/directory signs shall be
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Ordinance # 0-94-943
150 square feet per side. The maximum height of
identification/directory signs shall be 10 feet and said
signs shall be set-back a minimum of eight feet from
the front property line and 30 feet from the side
property line. Identification/directory signs shall
have a minimum separation of 60 feet from any other
freestanding sign. Identification or director}' signs
shall be constructed by materials that are
incombustible or slow burning in the case of platic
inserts and faces. Such signs are to be supported
by non combustible supports in a finished manner.
('.^.food or unfinished steel is not allowed).
(7) Multi-Purpose Signs.
(e) Multi purpose signs sholl be constructed of
non combustilbe materials. Such signs are to
be supported by non combustible supports
which are in a finished condition. (\^.(ood or
unfinished steel is not allowed).
(11) Bollard, Wheel or Bumper Guard Protection for
Freestanding Signs.
Freestanding signs shall be protected by bollard.
wheel or bumper guards when deemed necessary by
the building official in order to insure safe operation
of vehicular traffic in and around the sign.
(12) Additional Limitations on Number, Size and Location
of Freestanding Signs. Number.
Notwithstanding any other pro':ision hereof to the
contrary, permanent, freestanding signs shall be
limited as follows:
tat No more than one freestanding sign per street front
shall be allowed peF for each developed lot, and in
the event a building encompasses more than one
developed lot, then no more than one freestanding
sign per street front shall be allowed for said
building.
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Ordinance # 0-94-943
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~ Larae Lots.
f91 (a) Except for aaricultural sians and institutional
sians, .J.A. in non-residential zoning districts
where the developed lot fronts on a stFeet
thorouahfare having a speed limit of less than
55 miles per hour and the number of frontaae
feet of the lot exceeds 225 feet. the following
additional limitations shall be applicable IT
areater than otherwise provided in part
G(2)(c):
(ii) Height: for lots with frontage of 1 99
feet, tho sign height shall not excoed
five f-eet, For lots exceeding 99 feot of
lot frontage, the sign height shall not
exceed five feet, plus one foot of sign
height for each additional 20 feet of lot
frontage over 99 feet, not to exceed 30
feet in height.
(iv) Spacing: froestanding signs shall not
be placed closer to a side lot line than
the distance equal to 1/4 of the lot
frontage.
(c)!Ql Except for aaricultural sians and
institutional sians Limitations for
freestanding signs in non-residental
zoning districts with frontage on
roadways having a 55 mile per hour
speed limit or greater and the number
of frontaae feet of the lot exceeds 225
feet. the followina limitations shall applv
if areater than otherwise provided in
part G(2)(c):
(i) Area: The maximum gross surface
area per side of an on-premise, .,
freeway, pole sign shall be the product
of .4 feet times the number of frontage
feet in the lot, or 250 square feet,
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Ordinance # 0-94-943
whichever is less. The maximum gross
surface area of an on-premise, freeway,
monument sign shall be the product of
.4 feet times the number of frontage
feet in the lot, or 400 150 square feet,
whichever is less.
(ii) Height: for lots with frontage of 1 99
feet, sign height shall not exceed 20
f-eet. For lots exceeding 99 feet of lot
frontage, the sign height shall not
exceed 20 feet, plus one foot of sign
height for each 40 feet of lot frontage
over 99 feet, not to exceed 35 feet in
height.
JHl Heiaht.
The heiaht of freestandina sians which are attached
to the surface below street level shall be measured
from street level.
(3) Prohibition of Pennanent, Off-Premise Signs, Whether Attached to
Structures or Freestanding.
No permit shall be issued for the erection of any permanent,
off-premise sign, includina billboard sians. whether said sign is
attached to a structure or freestanding, with the following
exception:
(5) Prohibition of Temporary, Off-Premises Signs, Whether Attached
to a Structure or Freestanding.
No permit shall be issued for any temporary, off-premises sign,
whether attached to a structure or freestanding, with the following
of subdivision directional signs; exception:
@l Temporary subdivision directional sians may be placed in
the public riaht-of-way or on private property. If placed in
the public riaht-of-way adiacent to developed property it will
reauire the permission of the adiacent property owner.
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Ordinance # 0-94-943
There shall be no more than twenty (20) sians for anyone
subdivision. Each sian shall not exceed an area of six (6)
sauare feet and may be exhibited from 12:00 noon on
Friday to 12:00 noon on Monday. A special permit will be
reauired for these types of sians and such permit shall be
renewed on an annual basis. Cost of the permit will be fifty
dollars ($50.00) for each subdivision.
(6) Limitation on Illumination of Signs in Residential Zoning Districts.
A sign in a residential zoning district, where allowed by the Sign
Code, may be illuminated by means of spot lighting indirect
illumination only, and such light shall be located so as not to
produce glare or direct illumination across the property lines of the
premises.
(7) Mobile or Portable Signs.
(b) No person shall erect or allowed allow to be displayed on
premises owned or controlled by him a portable sign.
(13) Certain Illuminated, Animated, Moving and Flashing Signs
Prohibited.
No person shall erect or allow to be displayed upon premises
owned or controlled by him any illuminated. animated. movina or
f1ashina sian. with the followina exceptions:
(15) Roof Signs, Fence Signs, or Amenity Signs, Inflatable Signs.
No person shall erect or allow to be displayed upon premises
owned or controlled by him any roof sign, fence sign, or amenity
sign or inflatable sign .
!1ID Non-Combustible Materials.
All sians with internal illumination, direct illumination or indirect
illumination which is attached to the sian shall be constructed of
non-combustible materials. Such sians shall be supported by
non-combustible supports which with respect to freestandina sians
are in a finished condition. Unfinished metal is not allowed.
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Ordinance # 0-94-943
(4et(17) Non-Defined Signs.
No person shall erect or allow to be displayed upon premises
owned or controlled by him any sign which is not specifically
allowed and permitted pursuant to the terms of the Sign Code.
Sec. 2:
If any provision, section, sentence or clause or phrase of this ordinance,
or the application of same to any person or set of circumstances is for
any reason held to be unconstitutional, void, invalid, or for any reason
unenforceable, the validity of the remaining portions of this ordinance or
its application to other person or sets of circumstances shall not be
affected thereby, it being the intent of the City Council of the City of
Colleyville in adopting this ordinance that no portion hereof nor provision
or regulation contained herein become inoperative or fail by reason of
any unconstitutionality or invalidity or any other portion or regulation.
Sec. 3:
THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption and penalty clauses of this ordinance as an
alternative method provided by law.
AND IT IS SO ORDERED
TheAfirst reading and public hearing being conducted on the
fC11 , 1994.
The second reading and public hearing being conducted on the
AIr, I , 1994.
Th~third reading and public hearing being conduCted on the ,qPJ
!..!.J).y ,1994. TABLED - APPROVED BY COUNCIL ON MAY 17.
ATTEST: CITY COLLEYVILLE
Jea~M~~'
City Secretary
51!
jq!!
day of
day of
day of
1 994.
APPROVED AS TO FORM AND LEGALITY:
iZ'"' ~'
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. _ne'
Ross T. Foster
City Attorney
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