HomeMy WebLinkAboutOrdinances (O-09-1719)-06/02/2009ORDINANCE 0-09-1719
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
7, SIGN REGULATIONS, SECTIONS 7-130 AND 7-215, OF THE LAND
DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED 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 Council of the City of Colleyville desires to amend certain portions
of the Land Development Code regarding electronic signs; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 7, Sign Regulations, Sections 7-130 and 7-215, of the Land
Development Code, is hereby amended to read as shown in the attached
Exhibit "A".
Sec. 2. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon
conviction shall be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 3. THAT 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. 4. 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. S. THAT this ordinance shall take effect immediately from and after its
passage.
Ordinance 0-09-1719
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2009.
The second reading and public hearing being conducted on the '"~' day of
2009.
ATTEST: ~,`.'~ CITY OF COLLEYVILLE
j~
ynthia Singleton, TRMC, CMC Jon Ayers L
City Secretary ;~-'~` Mayor Pro Tem
APPROVED AS TO FORM AND LEGALITY:
^~~~~,~ CJ~• ~
Matthew C. G. Boyle 1
City Attorney
Exhibit "A"
~ ~ .. ..
The following general conditions shall be applicable to all signs, except where a provision
contained elsewhere in this Chapter specifies a different requirement.
A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an
existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter.
B. Si nq Area - No sign shall exceed the maximum area provided for in this Chapter. The sign
area permitted in this Chapter shall apply to the maximum size of a single sign face, except
where a provision allows an alternate method for calculating sign area. When the two faces
of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area
shall be the total of all non-parallel sign faces.
C. On-Premises Requirement -All signs shall be located on the same premises where the
product or merchandise being advertised is located, except where a specific provision in this
Chapter provides for off-premises advertising.
D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In
determining the maximum height of a sign, no sign shall be located on a mound where the
surrounding grade has been altered by more than eighteen (18") inches for purposes of
artificially increasing the overall height of a sign above that allowed by the height regulations
in this Chapter.
E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and
constructed to withstand a wind pressure of not less than 35 pounds per square foot of area.
F. Sign Contractor Registration - It shall be unlawful for any person, firm or corporation to
engage in the business of erecting permanent signs in the city unless such person, firm or
corporation is the holder of a valid registration with the City to perform such work. In
extending the rights and privileges of such registration, the City of Colleyville makes no
statement of the technical competency of those registered, and no manner of license is
proffered.
G. Engineering Requirements and Construction Standards -The construction of all signs shall
comply with the structural requirements of the City of Colleyville Building Code. Where
required by the enforcement official, the construction plans shall be signed and sealed by a
professional engineer registered in the State of Texas. Any electrical installations shall
comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on
the exterior surface of a sign or sign support.
H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public
right-of-way, except where a provision in this Chapter allows such location, or with the
approval by the City Council of a Right-of-Way Encroachment Agreement.
I. Interference with Safety Provisions - No sign shall be erected in such a manner that any
portion of its surface or supports will interfere with the free ingress or egress of any fire
escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway.
J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this
Chapter allows illumination for a specific sign classification or construction type. No sign
located in a residential zoning district shall be illuminated, except where illumination is
provided by a provision in this Chapter. Such sign illumination shall not produce glare or
direct illumination across the property lines of the premises.
K. Electronic Message Signs Along State Highways -Electronic signs placed along state
highways shall be allowed to change messages at a minimum of every ten (10) seconds.
The display of time and/or temperature may change at an interval of every three (3) seconds.
Only one electronic sign shall be allowed per property. These provisions shall only be
considered for commercial and institutional signs that are located on properties adjacent to
Precinct Line Road, State Highway 26, or State Highway 121.
~L. Loss of Required Parking - No sign shall be constructed within the limits of a parking area
that results in a reduction in the number of required parking spaces.
6M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall
comply with the regulations in this Chapter, unless an ordinance fora Planned Unit
Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a
variation from the regulations in this Chapter.
. -.
The signs described in this Section shall be prohibited within the corporate limits of the City of
Colleyville.
A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of
Colleyville, except where specifically allowed by these regulations.
B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene,
indecent or immoral matter.
C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or
controlled by him a portable sign. No person shall attach any sign to a trailer, or similar
mobile structure, where the primary use of such structure is to provide a base for such sign or
to constitute the sign itself. A temporary sign allowed by these regulations may be
constructed on skids where there is no opportunity for the sign supports to be installed in the
ground.
D. Vehicle Signs - No vehicle containing a sign that is large enough to be discernable from a
public right-of-way shall be parked within forty (40) feet of a public right-of-way where the
intended purpose is its use as a sign for the subject matter displayed on the vehicle.
E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted.
F. Painting Marking Attaching Materials to Streets, Sidewalks, etc. - No person shall attach
any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number
(except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether
public or private, utility pole, public building, fence or structure except as allowed by the sign
code.
G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a
utility pole, except a small sign identifying the name of the fence company not discernable
from the street.
H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises
owned or controlled any illuminated, animated, moving or flashing sign
Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has
illumination, that is turned on and off, changes in light intensity, color or copy, at a rate
equivalent to, or no more often than once every five (5) minutes, is permitted. It is further
provided that a sign, which uses illumination to provide time of day and/or temperature only,
shall not constitute a flashing sign.
I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign,
any balloon, flag, pennant or other floating or inflatable advertising device anchored to the
ground or to any other structure, except as allowed by a grand opening sign permit.
J. Non-Combustible Material -Any sign with either direct or indirect illumination which is
attached to the sign shall be constructed of non-combustible materials. Such signs shall be
supported by non-combustible supports.
K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any
location, where as a result of the position, size, movement, shape, color, fashion, manner or
intensity of illumination or any other characteristics, such sign may interfere with vehicular or
pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned
or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be
confused with, any authorized traffic sign, signal, or device, including, without limitation, 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, orange, green or other colored lamp
or light in such a manner as to cause confusion or otherwise interfere with vehicular or
pedestrian traffic.
L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or
controlled by him any sign that is not specifically allowed by this Chapter.