HomeMy WebLinkAboutOrdinances (O-08-1685)-07/01/2008ORDINANCE 0-08-1685
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
7, SIGN REGULATIONS, SECTION 7-190(K) -WEEKEND BUILDER / REAL
ESTATE OPEN HOUSE SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new sign
ordinance by amending the Special Purpose Sign Districts and
Regulations; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have
been met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT Chapter 7 -Sign Regulations, of the Land Development Code, is
hereby amended to amend Section 7-190(K) regarding Real Estate Open
House Signs to read as shown in the attached as Exhibit "A".
Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or
effect; provided, however, that the ordinance or ordinances under which
the cases currently filed and pending in the Municipal Court of the City of
Colleyville, Texas, shall be deemed repealed only when all such cases
filed and pending under such ordinance or ordinances have been disposed
of by a final conviction or a finding of not guilty or nolo contendere, or
dismissal.
Ordinance 0-08-1685
Page 2 of 2
Sec. 4. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall upon conviction be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 7. THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~" day of
,.~ 2008.
The se and reading and public hearing being conducted on the f s_/` day of
2008.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
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i"
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
Exhibit "A"
Amendment to Section 7-190(K) -Weekend Builder /Real Estate Open House Signs
K. Weekend Builder /Real Estate Open House Sians -The purpose of Weekend Builder /Real Estate
Open^House Signs is to assist the general public by providing direction to available residential
properties in Colleyville. Signs that advertise developments located outside the corporate limits of
Colleyville shall be prohibited.
1. Open House Sign Definition: A means of advertising and marketing a property that is for sale. A
period of time during which a builder, developer, or real estate agency markets the home by
inviting buyers in for a public viewing to see the interior without making an appointment.
2. Weekend builder /real estate open house signs may be placed on
private property or in the public right-of-way with the approval of the Max. Area
adjacent property owner, provided the advertiser has a valid annual 6 s. f.
permit required by these regulations. Signs placed within the public ~
right-of-way shall be situated not more than five (5) feet from the right-
of-way line and shall be no closer than three (3) feet from the edge of
the sign to the edge of the street pavement. No weekend builder /real Weekeand~Builder
estate open house sign shall block vehicular visibility. Approval of an Real Estate Open House Sign
annual permit does not grant unlimited access or use of the public right-
of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to
secure permission of the property owner for placement of the signs on private property or in the
adjacent street right-of-way.
Open house signs shall not be posted within visibility triangles. No sign shall be located or placed
where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all
street intersections, clear vision shall be maintained across the lot for a distance of twenty-five
(25') feet back from the property corner along both streets. Within this triangle, vision shall be
clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade.
3. A builder, developer, or real estate agency must be registered with the City of Colleyville to
qualify and participate as a weekend advertiser or for open house signs. An annual permit is
required for each builder, developer or real estate agency, which shall expire on December 31
each year. The permit fee shall be established by separate ordinance approved by the City
Council.
Note: For purpose of this regulation a real estate agency shall be defined as the real estate
broker or owner holding a franchised agency.
4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and
four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a
street median or encroach over a sidewalk.
5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any
one time for a weekend builder shall not exceed twenty (20) signs for any subdivision.
6. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed
at any one time for a real estate agency shall not exceed twenty (20) signs, provided no more
than two (2) signs shall be displayed within the right-of-way for any single residential property.
One (1) on-site open house sign shall be located on the premises of the open house for property
identification. The sign shall be in accordance with the open house sign maximum effective area
specifications. The house shall be open for a public viewing to see the interior without making an
appointment for the entire period during which open house signs advertise the property. Real
estate open house signs shall be limited to directing traffic to an open house.
All open house signs shall include the open house address, open house date(s), and open house
public viewing time(s). Open house viewing times shall refer to the availability of the public to
view the interior of a home without making an appointment. The information shall be located on
the advertising surface of the sign and shall not be attached to the pole of the sign.
7. Weekend builder signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the
following Monday. Open house signs may be exhibited only between the hours of 12:00 midnight
Friday to 12:00 midnight on the following Sunday. A holiday falling on a Friday or a Monday will
be considered as part of the weekend.