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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/10/2018City of Colleyville                                                                                    Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 10, 2018 City Council Chambers PRE COMMISSION MEETING  6:15 P.M.  EXECUTIVE CONFERENCE ROOM  THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,  PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS  MEETING MINUTES    DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND  UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL  ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code  Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with  attorney on legal issues raised by public hearing or action items on the  agenda 7:00 P.M. ­ REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER ELMS PLEDGE OF ALLEGIANCE 1. ELECTION OF MEMBERS FOR THE PARK LAND DEDICATION  COMMITTEE      The Park Land Dedication Committee reviews proposed dedications of park  land, and makes recommendations to the Planning and Zoning  Commission and City Council. The Committee consists of two members  each from the Planning and Zoning Commission and Parks and Recreation  Advisory Board.    Planning and Zoning  Commission Agenda December 10, 2018 City of Colleyville                                                                                    Page 2 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA 3.PUBLIC HEARING AGENDA ITEMS     3a Consideration of a Replat for Tract 2A01, 3C, & 3C7, Abstract 963, in  the Absalom J Lott Survey and Lot 1R2, Block 1, of the West  Industrial Addition, located at 6525 and 6703 Colleyville Boulevard,  Case PC18­015     3b Consideration of amendments to the Land Development Code,  specifically Chapter 5 – Tree Preservation, TABLED FROM THE  NOVEMBER 13, 2018 PLANNING AND ZONING COMMISSION  MEETING     3c Consideration of amendments to the Land Development Code,  specifically Chapter 7 – Sign Regulations 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards December 7,  2018 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this  meeting. Any matter on this agenda may, at the discretion of the governing body, be  opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special  accommodations, please advise the City Secretary at least 48 hours in advance at  817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 12/10/2018 Number Type Presentation and Discussion Department Community Development Title Consideration of a Replat for Tract 2A01, 3C, & 3C7, Abstract 963, in the Absalom J Lott Survey and Lot 1R2, Block 1, of the West Industrial Addition, located at 6525 and 6703 Colleyville Boulevard, Case PC18-015 Explanation Neil and Sherrie Hart, the applicant, has submitted a request for a replat of Tract 2A01, 3C, 3C7, Abstract 963, in the Absalom J Lott Survey and Lot 1R2, Block 1, of the West Industrial Addition, being approximately 1.527 acres, and zoned ML Light Manufacturing district. The applicant has requested to replat three tracts of land into one platted lot for the purpose of creating a single commercial lot to build a new parking lot. Existing Conditions/Background: The subject properties, 6525 & 6703 Colleyville Boulevard, reside on the east side of Colleyville Boulevard north of the intersection of Colleyville Boulevard and Ross Downs Drive. The subject property has ML zoning and the tracts are developed with a commercial building, which is operating as Hart Pools. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the ML zoning regulations require the following standards: Minimum Lot Area: 10,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 120 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 10 feet Maximum Lot Coverage: 60 percent As submitted, the proposed plat meets all of the requirements of the ML zoning as described in the Land Development Code. Surrounding Development: The surrounding area consists of properties zoned ML Light Manufacturing district and PUD-C, Planned Unit Development Commercial PUD-C and all are improved with commercial businesses. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Analysis: The proposed lot layout complies with the existing ML zoning and meets the intent of the City’s Comprehensive Master Plan. Tree Preservation: Any subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Staff Recommendation: The proposed plat meets the requirements of the Land Development Code, staff recommends approval. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Draft Resolution C O L L E Y V I L L E B O U L E V A R D R O S S D O W N S D R I V E 6703 6611 6608 6801 6618 1799 6609 6707 6525 6525 6705 6521 6800 6700 6607 6614 6804 6609 6616 6805 6705 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC18-015 K Subject Property 6525 & 6703 Colleyville Blvd D O U G L A S A V E N U E MELANIE DRIVE TENNISON P A R K W A Y K E N N E D Y D R I V E TARRANT L AN E M E A D E D R I V E W Y A T T D R I V E C O L L E Y V I L L E B O U L E V A R D FR AN C E S LAN E C A R R I A G E L A N E C A R R I A G E D R I V E R O S S D O W N S D R I V E ML CC-2 PU D-R CPO ML CC-1 PU D-C PU D-C CC-2 ML PU D-R AG 1808 6500 6701 6700 6703 6611 2010 6604 6613 1517 6708 6703 2107 6605 1605 6800 6600 7001 6611 6609 2011 6608 6601 6801 6702 6607 1617 6618 6707 6413 6610 6614 6611 6615 6610 6610 6810 1904 6604 6508 1799 1613 6812 6602 6601 6603 6606 2004 1701 6511 6526 1800 2001 6706 6602 6608 6704 6600 6606 1812 6630 6504 6604 1700 1699 1521 6620 6606 2013 6609 6802 6609 6707 2014 6804 1801 6516 6525 64111804 6908 6805 6704 6710 6705 1604 6704 6603 20051800 6424 6521 6701 1900 6800 6700 6708 6612 6605 1706 6900 6602 6705 1704 6706 6612 6705 6607 6806 1600 6808 6600 6608 6408 6709 6509 6700 6607 6614 1609 6613 6904 1800 6930 6900 6804 6707 2012 6410 2100 1601 1690 6616 6805 21022008 6705 6702 1608 6703 6602 2009 2003 6702 6801 6807 6700 6901 6604 2001 17046513 6515 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC18-015 K Subject Property 6525 & 6703 Colleyville Blvd D O U G L A S A V E N U E MELANIE DRIVE TENNISON P A R K W A Y K E N N E D Y D R I V E TARRANT L AN E M E A D E D R I V E W Y A T T D R I V E C O L L E Y V I L L E B O U L E V A R D FR AN C E S LAN E C A R R I A G E L A N E C A R R I A G E D R I V E R O S S D O W N S D R I V E 1808 6500 6701 6700 6703 6611 2010 6604 6613 1517 6708 6703 2107 6605 1605 6800 6600 7001 6611 6609 2011 6608 6601 6801 6702 6607 1617 6618 6707 6413 6610 6614 6611 6615 6610 6610 6810 1904 6604 6508 1799 1613 6812 6602 6601 6603 6606 2004 1701 6511 6526 1800 2001 6706 6602 6608 6704 6600 6606 1812 6630 6504 6604 1700 1699 1521 6620 6606 2013 6609 6802 6609 6707 2014 6804 1801 6516 6525 64111804 6908 6805 6704 6710 6705 1604 6704 6603 20051800 6424 6521 6701 1900 6800 6700 6708 6612 6605 1706 6900 6602 6705 1704 6706 6612 6705 6607 6806 1600 6808 6600 6608 6408 6709 6509 6700 6607 6614 1609 6613 6904 1800 6930 6900 6804 6707 2012 6410 2100 1601 1690 6616 6805 21022008 6705 6702 1608 6703 6602 2009 2003 6702 6801 6807 6700 6901 6604 2001 17046513 6515 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC18-015 KSubject Property Sales Tax Preferred Intersection Resid ential Colleyville Blvd Corridor Ope n Space; Parks 6525 & 6703 Colleyville Blvd Pl a t E x h i b i t RESOLUTION R-18-XXXX A RESOLUTION APPROVING A REPLAT FOR LOT 1R2R, BLOCK 1, OF THE WEST INDUSTRIAL ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Replat for Lot 1R2R, Block 1, West Industrial Addition on December 10, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Replat for Lot 1R2R, Block 1, West Industrial Addition on approximately 1.527 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 8th DAY OF JANUARY 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor Exhibit “A” - Plat Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 12/10/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 5 – Tree Preservation, TABLED FROM THE NOVEMBER 13, 2018 PLANNING AND ZONING COMMISSION MEETING Explanation The City Council had instructed staff to review and propose amendments to each chapter within the City's Land Development Code (LDC). City staff has already reviewed the attached chapters with the City Council at a recent worksession meeting. The process for adopting amendments to the LDC include formal review and recommendation by the Planning and Zoning Commission followed by formal review and approval by the City Council. The attached chapters are a continuation of the formal adoption process. Any remaining chapters will be brought forward over the next several months until the entire Land Development Code has been reviewed. Parks & Recreation Advisory Board: At their October 8th Meeting, the City's Urban Forester discussed the proposed changes to Chapter 5. The Board members were in support of the changes. Recommendation Approve Attachments 1.Ch. 05 Tree Preservation - Existing Regulations 2.Ch. 05 Tree Preservation DRAFT Revisions 3.Tree List Chapter 5 Tree Preservation (10/6/2014) Section 5.1 Purpose of This Chapter The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Except where provided in this chapter, any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal Permit No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. Section 5.6 Applicability The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: Page 5-1 A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected tree is located. 2. All municipal / public domain property. Section 5.7 Permit and Fee Requirements The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville per the following schedule: 1. The resident of a single family home removing all or a portion of a tree which exists on the lot of record on which the single family home is built:………no fee required. Exception: For properties larger than two acres in size, if more than five protected trees are removed as part of a tree removal permit, the administrative official may require payment of a fee per sub-section two below only if the Administrative Official determines an intent to “clear cut” the property as described in Section 5.10(A)1b. 2. All other properties including rights-of-way:…….$50.00, plus $25.00 per protected tree on the property, right-of-way, or development site. For residential subdivisions, the entire subdivision shall be considered the development site. Upon application submittal, the total number of protected trees on the site, including exempted areas, shall be indicated on the application form in order to determine the fee, which shall be paid at the time of submittal. If, upon review of the application and/or tree preservation plan, it is determined that the amount of protected trees tallied is incorrect, the difference in the fee calculation shall be paid, or refunded, prior to the issuance of the tree removal permit. Section 5.8 Submittal Requirements for Tree Removal Permits Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. As determined by the Administrative Official, tree removal permit applications that require no fee as listed in Section 5.7(B) above or require the removal of a minimal amount of trees on existing developed properties or within existing rights-of- way may not require a complete tree preservation plan and may only require a description of the trees to be removed showing a limited portion of a site or right of way may be based on an exhibit showing only that portion of the site. A. TREE PRESERVATION PLAN – Note: a tree preservation plan shall be submitted with a tree removal permit application form including payment of the required fee. The items required on a tree preservation plan shall, at a minimum, include the following: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. Page 5-2 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks, canopies and species of all existing protected trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. All protected trees shall be assigned a unique number classification. 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 – Definitions. Additionally, tree information required shall be summarized in tabular form on the mitigation table in a format matching the example below and shall include: 7. The detailed list of trees to be removed including the classification number, exempt or non-exempt status, and whether the tree is to be saved or removed. 8. The total diameter of trees to be removed. 9. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.15 for replacement tree list.) 10. The tree preservation plan must be prepared and sealed by a registered landscape architect in the State of Texas. Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan Tree Species Number of Trees on Site Total Caliper Inches Number of Exempt Trees Removed Caliper Inches Exempt to be Removed Number of Non- Exempt Trees Removed Caliper Inches Non- Exempt to be Removed Replacement Trees to be Planted (3" Caliper) Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 B. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plat and site plan shall be valid for the period of that plat’s, building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void thirty (30) days after the issue date on the permit. C. Timing of Submittal: The tree preservation plan shall be submitted as follows: 1. New subdivisions that include new streets and/or significant public improvements – submitted on or before the subdivision plat application submittal. Page 5-3 2. New commercial construction – submitted on or before the submittal of the required administrative site plan application. 3. New home construction on existing platted lots – submitted on or before the building permit application submittal. 4. All other situations – as required by the Administrative Official. D. Construction Plan Notations - The following notes shall be required to be shown on all construction plans: 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or critical root zone. The fence will be maintained throughout the construction project in order to prevent the following. a. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. b. Critical root zone disturbances due to grade changes greater than two inches (2”) cut or fill or boring which was not authorized by the City. c. Wounds to the trunk, limbs or exposed roots by mechanical equipment. d. Other activities detrimental to trees such as chemical storage, cement truck cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet (8’) or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2’) behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Section 5.9 Minimum Tree Preservation Requirements A. Whenever a new residential subdivision plat is submitted for review, the Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater compliance with the minimum tree preservation requirements of this section. In the event Page 5-4 such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's plat application. B. Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coverage Preservation Requirements: Percentage of existing protected canopy tree coverage Minimum percentage of the existing protected canopy tree coverage to be preserved 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% For the purpose of this section, canopy coverage shall be calculated based on the formula for the area of a circle with the individual tree radii equaling the diameter inches of the trunk of each protected tree measured at 4.5 feet above the base of the tree where it meets the ground. This calculation method may apply to developments approved, but not finaled, prior to October 6, 2014. Protected trees located within any of the exempted areas specified in Section 5.10(B) below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above shall not be eligible for mitigation as described in Section 5.12. C. Exemption Provisions for Preserving Native Tree Stands: Given the requirements of Section B above, as an incentive for preserving groups of native trees in place, a development may be exempted from the mitigation requirements of Section 5.12. The purpose of the exemption would be to reward a more context sensitive approach in preserving native tree clusters such that the root systems of the trees to be preserved are not disturbed and the tree clusters left in their natural condition. In order to meet this exemption, the development must meet the following conditions: 1. The preservation area(s) shall, at a minimum, meet the requirements of Section B above with the following exception: the 50% credit provision shall not apply to the exemption provisions of this section; 2. The proposed preservation area(s) shall be identified on the tree preservation plan; 3. A minimum of 80% of the trees identified within the preservation area on the plan shall be regionally native trees, not classified as exempt, with emphasis given to native oak species; 4. Where possible, preserved trees should be grouped together with as few detached, designated preservation areas on the tree preservation plan as possible; 5. Final approval of the exemption provisions of this section shall be required by the Administrative Official. If approved, notwithstanding the requirements of Section D below, then all trees not located within a preservation area on the tree preservation Page 5-5 plan shall be classified as exempt from the mitigation provisions of Section 5.12 and the protection provisions of this chapter. 6. Approved preservation areas shall contain a perimeter fence, meeting the requirements of this chapter, around the entire preservation area until the development construction receives approval of a final inspection from the City. Said fence shall be placed a minimum of five feet from the outside edge of the drip line of any tree within said area. No earthwork, vehicle and equipment storage, or encroachments of any kind are permitted within the preservation area. No undergrowth shall be removed from a preservation area. D. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions, may not be classified as exempted trees, regardless of whether or not they are located in any exempted area. Section 5.10 Exempt and Non-Exempt Provisions A. Exempted Persons 1. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from these provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, may remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. Exception: For properties larger than two acres in size, if more than five protected trees are removed as part of a tree removal permit, the administrative official may require the resident to comply with the mitigation and preservation provisions of this chapter if it is deemed that an attempt to “clear-cut” all or a portion of the property in being made where no new accessory building, pool, building addition or other similar construction, not involving a principal permitted use, is being proposed as part of a submitted active building permit application. Any decision of the Administrative Official may be appealed per the provisions in Section 5.13. As it relates to this sub-section only, any appeal request shall not require payment of an application fee and said request shall be scheduled on the next available meeting. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. Page 5-6 f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area (building setback envelope). (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope as part of the construction of a new subdivision only. (4) An employee of the City of Colleyville and a public utility. Persons specifically performing work on a public improvement as part of a new subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement are hereby exempt. For the purpose of this sub-section, public improvements shall include any drainage facilities, utilities or streets/sidewalks/trails. Fences, gates and open space amenities are not considered public improvements. B. Exempted Areas 1. New Residential Subdivisions that include public or private street dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets; lots containing private streets. b. Easements, only where new public improvements or facilities are being constructed c. Residential setback envelope d. Residential driveway: Note: this area may only be declared exempt by the City Council in a situation where no reasonable alternative driveway placement exists on the property such that protected trees may be avoided. The City Council determination process shall be through the submittal of an appeal request. As it relates to this sub-section only, any appeal request shall not require payment of an application fee and said request shall be scheduled on the next available meeting. 2. Existing Platted Residential Lots and New Residential Subdivisions with no new public or private street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope b. Residential driveway: Note: this area may only be declared exempt by the City Council in a situation where no reasonable alternative driveway placement exists on the property such that protected trees may be avoided. The City Council determination process shall be through the submittal of an appeal request. As it relates to this sub-section only, any appeal request shall not require payment of Page 5-7 an application fee and said request shall be scheduled on the next available meeting. 3. Platted Commercial/Institutional Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial/institutional building footprint and any tree located within five feet of said building footprint. C. Exempted Tree Species 1. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: a. Mesquite b. Hackberry c. Chinese Tallow d. Cottonwood Trees under 18 inches in diameter width e. Cedar trees (Cupressaceae family) - Exceptions: Any species of cedar utilized for required landscape screening as required by the Land Development Code or the provisions of any other City ordinance and/or conditional variance shall not be considered as exempt. Additionally, any Eastern Red Cedar planted as a replacement tree per the provisions of this chapter shall not be considered as exempt. Otherwise, any eastern red cedar that does not meet the above exceptions shall be considered exempt only if the tree is less than 13 inches in diameter width. f. Other regionally non-native tree species not listed on the tree replacement list in Section 5.14 and as determined by the Administrative Official based on the written recommendation of a certified arborist and/or landscape architect contracted or employed by the City. Said written recommendation shall kept on file in the appropriate development records for the property for which the determination is made. Section 5.11 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects, public and private, which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the critical root zone of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any tree. Page 5-8 2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the critical root zone of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the critical root zone of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or more such that the tape is visible to workers on foot or driving equipment. 2. Tree Identification: All protected trees shall be tagged with the unique classification number described in Section 5.8. Said number shall correspond to the number listed on the tree protection plan and shall be clearly visible and legible on a metallic surface located between four and five feet above the base of the tree. The classification number shall remain on the tree until all construction is complete and final approval has been obtained by the City. 3. Protective Fencing: All protected trees shall have protective fencing located at the tree’s critical root zone. The protective fencing shall be comprised of orange vinyl construction fencing, with a minimum of four-foot (4’) approximate height. The protective fencing may be located within the critical root zone of the specimen tree for approved construction only as determined by the Administrative Official. The fencing shall follow the delineation of the approved construction. In order to protect the trunk, the trunks of all protected trees shall be wrapped with orange vinyl construction fencing such that the trunk will be easily visible during construction activities. 4. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 5. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. 6. Site Signage: Prior to, and during, construction activities, a sign(s), clearly visible from any adjacent roadways, shall be placed by the developer stating the following: “All trees located within an orange fenced area are considered protected. To report any tree protection violations, please contact (phone number designated by the Administrative Official)”. The Administrative Official may require the addition of more specific contact information to the sign. Lettering shall be a minimum of 8 inches in height, shall be legible and able to be read from a passing vehicle on any adjacent roadway. The sign dimensions shall, at a minimum, be five feet in width and height, The overall sign height shall be a minimum of eight (8) feet in height measured from the ground to the top of the sign. The sign colors shall be as follows: lettering shall be black, the sign background shall be fluorescent green. Page 5-9 C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's critical root zone. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48”). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. D. Special Designated Tree Protection Areas by Other Ordinances and Plats: Any specifically classified tree, landscape or other similar type of classification that prescribes that trees and/or existing landscaping shall be protected within a specifically defined area as a condition of a zoning ordinance such as PUD or SUP, variance and/or plat shall, at a minimum, meet the following provisions: 1. During any construction activities, said area shall be completely contained within a fenced area meeting the tagging and fencing requirements for tree protection in this chapter. 2. Unless authorized as part of the original approving language for said area, or where another code requirement applies to the maintenance and upkeep of high grass, weeds and other related nuisances, no trees, landscaping, soil or vegetation of any kind may be removed, or otherwise disturbed, within said area and no construction of any kind may occur except 3. Unless noted as part of the original approving language for said area, the exemption provisions for the resident of a single family home shall apply regarding the provisions of this section. Page 5-10 Section 5.12 Mitigation Requirements Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation, the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees removed within any City right-of-way or other City owned property by anyone not exempted by the provisions of this chapter shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6”) or greater and slated for removal. 1. All medium and large, and palm replacement trees shall be a minimum of six inches (6”) diameter when measured one foot (1’) above the soil line and a minimum of 12 feet in height when planted. All screening and ornamental trees shall be a minimum of three inches (3”) diameter when measured one foot (1’) above the soil line and a minimum of eight (8) feet in height when planted. Examples- a. A total of 18” diameter to be removed shall be replaced with 3 – 6” diameter medium, large or palm trees. b. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter screening and ornamental trees. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for three years from the date of the final inspection and acceptance of the project. In instances where a replacement tree satisfies a landscaping requirement as regulated in Chapter 4-Landscaping and Buffering, then said tree shall be maintained per the provisions of Chapter 4. 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. a. Replacement trees shall be planted prior to the issuance of the Certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacem ent tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a three (3) year guarantee, plus fifteen percent (15%) to cover administrative cost. Page 5-11 b. A minimum of 75 percent of all replacement trees planted as part of the required mitigation for a development under the provisions of this section shall be classified as a medium and large tree as listed on the replacement tree list B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All mitigation fees shall be deposited into the City’s Tree Preservation Fund. All funds shall be paid prior to the final approval and/or issuance of the Certificate of Occupancy. C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and noted in Section 5.8: 1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shall be assessed and paid to the City of Colleyville and deposited into the City’s Tree Preservation Fund. All funds shall be paid prior to the final approval and/or issuance of the Certificate of Occupancy. or; 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees and non-criminal penalties mentioned below shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the City of Colleyville. E. If any protected tree dies within three (3) years of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. Section 5.13 Penalties and Violations A. Civil Penalties: If any protected tree is removed from any real property without a tree removal permit, or if a protected tree is injured during construction where an active tree removal permit has been issued because of failure to follow required tree protection measures of this chapter such that the tree dies or may reasonably be expected to die, the City shall have the authority to impose the following penalty: 1. The violator shall plant new trees at a rate that is three times the diameter inches of tree(s) removed. All plantings shall meet the requirements of Section 5.12. For example, if a 20 inch diameter width tree is removed in violation of this Chapter, then a minimum of 60 inches of new trees shall be planted. A planting plan for the new trees shall be provided to the Administrative Official no later than 30 days from the date of the offense. The new trees shall be planted no later than 90 days from the date of the offense or, if the site is under construction, the new trees shall be planted when all other required landscaping and/or mitigation is planted. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is addressed through the submittal of an approved planting plan and/or the planting of new trees. In the event that the trees are not planted within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees are planted. Page 5-12 2. If the violator, due to property constraints or other impediments, cannot plant the required new trees mentioned in Section One, the violator may petition the City Council through the appeal process mentioned in Section 5.14 to allow a monetary penalty in lieu of the above planting requirements. Said monetary penalty shall be a minimum of $750.00 per caliper inch of diameter width of the protected tree(s) removed or damaged, payable to the tree preservation fund mentioned above. If a tree is removed without authorization and the size of the tree cannot be determined given the lack of a tree survey or other official documentation, then the minimum penalty shall be $15,000.00 per tree. If approved by the City Council, said penalties shall be paid no later than 30 days from the action of the City Council. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is paid. In the event that the penalty is not paid within the prescribed timeframe, the City may impose a lien on the property until such time the penalty is paid. B. Criminal Penalty: In addition to the civil penalties of this chapter, any person violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 5.14 Appeals Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative Official relative to the provisions of this chapter shall be heard by the City Council. Section 5.15 Replacement Tree List The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA Page 5-13 SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA Section 5.16 Amendments Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native tree stands, addition of fees, changes to penalties and other modifications Page 5-14 Page 5-1 Chapter 5 Urban Forestry Section 5.1 Purpose of This Chapter The purpose of this chapter is to promote, conserve, and enhance the City’s Urban Forest by:  Rrecognizing the historical and cultural importance of the Eastern Cross Timbers and its impact on Colleyville;  rRecognizing the environmental, economic, social, and aesthetic benefits of trees;  eEncouraging and facilitating site planning and design which preserves trees and natural areas;  pProtecting trees during construction  ; lLimiting the removal of trees  ; pProviding for the establishment of a diversity of native and adapted trees. It is the further intent of this chapter to:  cCompliment Destination Colleyville,  Compliment The City of Colleyville Comprehensive Master Plan  Compliment and The City of Colleyville Parks Master Plan  as well as mMaintaining and enhanceing Colleyville’s identity as a Tree City USA. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Except where provided in this chapter, any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal and Damage No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of this chapter. Section 5.6 Applicability Formatted: Bulleted + Level: 1 + Aligned at: 0.32" + Indent at: 0.57" Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Page 5-2 A. Prior to the following activities, review and approval of that activity’s compliance with this chapter (Urban Forestry Review) shall be completed by the Administrative Official unless subject to the exemptions in Paragraph B: 1. Removal, damage, or adverse impact of any Protected Tree. 2. Construction or expansion of structures for which a building permit is required. 3. Demolition of structures. 4. Clearing, grading, excavation, filling, or paving on any site or property that has existing Protected Trees. 5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat. 6. Required Ssite and landscape plan submittals for commercial or institutional uses as well as any site plans that are part offor a PUD, SUP, or other Zoning Case. B. Exemptions to Urban Forestry Review: 1. Authorized City employees or contractors and authorized Franchise Utility employees or contractors may, in the course of official business, remove, damage, or adversely impact Protected Trees or portions thereof which exist in a dedicated public street right-of-way or a public utility easement which the City or Franchise Utility has an interest in. The removal, damage, or adverse impact shall be limited to the extent reasonably necessary to install, maintain, or replace utilities or infrastructure. If a Tree Preservation Plan is approved showing to preserve trees in public utility easement or street right-of-way dedicated for new or expanding streets, then those trees shall be preserved and protected per the approved plans. Ordinance O-98-1130 shall govern management and control of all trees within City street right-of-ways, City public parks, and City owned facilities. 2. Any of the above activities may be done without Urban Forestry Review on properties with an active single-family use that are one (1) acre or less in area and where a habitable single-family home exists and is occupied as the primary residence of the landowner. If the landowner owns contiguous individual lots or tracts, the sum of all land shall be used to determine the size restriction of this exemption. 3. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. Section 5.7 Tree Preservation and Canopy Cover All new development and redevelopment, to include additions, shall provide a minimum site tree canopy coverage per this Section through preservation of existing trees on the same site and establishment of new onestrees on the same site. A. Calculation of Tree Canopy: 1. The canopy area for each existing Protected Tree shall be assumed as a circle having a radius in feet equal to the DBH in inches of that tree. Example: A 10 inch DBH tree would have a canopy diameter of 20 feet and a canopy area of 314 square feet. 2. The canopy area for each new tree shall be credited based on the categories of large, medium, and small canopy trees: Large - 2000 sqft; Medium – 1000 sqft; Small – 100 sqft. The Administrative Official shall develop, update, and maintain on file a list of tree species and their associated size category and canopy credit. B. Non-single-family residential uses: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Commercial Building Envelope (includes a five (5) foot buffer) shall be required. 2. The total preservation plus tree planting credit shall have a minimum canopy area equal to 50% of the total area of the lot(s) or tract(s). Commented [CT1]: This is in fact the correct use of the singular (“a…Zoning Case”) Page 5-3 C. Development or redevelopment of single-family residential uses on individual lots or tracts: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Residential Building Envelope (includes a ten (10) foot buffer) shall be required. 2. The total preservation plus tree planting credit shall have a minimum canopy area equal to 50% of the total area of the lot(s) or tract(s). D. Additions and expansions to existing single-family residential uses on individual lots or tracts: 1. When an addition or expansion to the footprint of a single-family residence equals 50% or more of the existing footprint, the regulations per Paragraphletter ‘C’ above shall apply. E. Development of new single-family residential subdivisions: 1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire subdivision shall be required. The calculation shall include Protected trees located in newly dedicated streets (public or private), public water, sanitary sewer, gas, electric, telecommunication, drainage and general utility easements. The calculation shall exclude trees located in existing public utility easements containing existing in-service water, sanitary sewer, gas, electric, or telecommunication installations as well as additional public street right-of-way dedicated adjacent to an existing public or private street. The purpose of not excluding trees in new streets and easements is to promote subdivision design and layout that prioritize preservation of trees. 2. Within the required primary building setback areas (non-buildable areas for primary structure), a minimum of 75% of the Protected Tree Canopy shall be preserved. This is a separate calculation from that in Paragraph E.1. 3. Once the subdivision is constructed, all improvements are accepted by the City, the Administrative Official has inspected and verified compliance with required tree preservation, and Community Development has issued a letter of acceptance allowing submittal of new single-family building permits, then the preservation requirements of Paragraph C shall apply and each lot will be reviewed separately for tree preservation and planting based on that lots remaining trees and proposed location of single-family home. F. Artificial Lots: 1. When more than 50% of a lot or tract being developed or redeveloped is to remain untouched by tree removal, grading, excavation, filling, paving, or building, then an artificial lot may be delineated around the portion being developed and serve as the basis for calculation of tree canopy preservation and coverage. The delineation should not leave small strips or gaps adjacent to property lines and should generally only leave out one side of a property. Review and pre-approval of delineation for artificial lots shall be required. G. Dead, Declining, and Hazardous Trees: 1. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from inclusion in the review of tree preservation and canopy cover calculation. Section 5.8 Heritage Trees A. Heritage Trees are those specimens that have attained a significant age and are the heritage of earlier residents of Colleyville or simply pre-date the community. All post oaks and blackjack oaks 15 inches DBH and larger, cottonwood, water oak, green and white ash 35 inches DBH and larger, and all other Protected Tree species 25 inches DBH and larger are hereby considered Heritage Trees. Page 5-4 B. Removal of any Heritage Tree in any location shall require mitigation by one of the following options: 1. Plant trees with a total canopy credit of five (5) times the canopy area of the removed tree. Trees shall be planted on the same property that the Heritage Trees are removed unless an alternative location within the City is approved by the Administrative Official. The tree planting standards of Section 5.10 shall apply. 2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch. Section 5.9 Tree Protection Standards The following procedures shall be followed for all construction projects which involve activity that requires Urban Forestry Review, unless an alternative is deemed appropriate by the Administrative Official. A. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. All Preserved Trees shall have protective fencing located at the tree’s critical root zone. The protective fencing shall be comprised of orange vinyl construction fencing, with a minimum of four-foot (4’) approximate height. 2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or any other non-damaging method if a tree is within ten (10) feet of the construction of a building or any other situation determined by the Administrative Official that would pose a physical risk to the tree trunk. 3. In order to prevent damage to low hanging limbs, anything that may be impacted by equipment shall be pruned according to ANSI A300 standards. 4. Each area of tree protection shall require temporary signage that indicates the area is a “Tree Protection Area” and to “Keep Out”. A wording standard will be developed, updated, and maintained by the Administrative Official. The wording shall be in English and Spanish and include the appropriate contact phone number with the City to report violations. B. During Construction: The following procedures shall be followed within the limits of the Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the requirements of this chapter. 1. No placement of materials intended for use in construction or waste materials accumulated due to excavation or demolition. 2. No equipment may be cleaned or other liquids deposited. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. No signs, wires or other attachments, other than those of a protective nature shall be attached to the trees. 4. No vehicular and construction equipment traffic or parking. 5. Underground utilities shall be bored underneath trees’ CRZ unless pre-approved by the Administrative Official. 6. Irrigation systems shall be designed to NOT require trenching across the critical root zone of any tree unless otherwise approved by the Administrative Official. 7. No digging, building, paving, or elevation changes. Page 5-5 . Section 5.10 Tree Planting Standards All new trees required to be planted under this chapter shall meet the following standards. A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the ground level. B. Minimum spacing between trees is twenty thirty (30) feet for large, fifteen (15) feet for medium, and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the spacing requirement of the smaller tree. C. Trees shall be free from severe bark, cambium, or limb damage due to handling and planting. D. Trees shall be healthy and have minimal branch dieback. E. Trees shall have a single trunk or stem unless they are a small canopy tree whose ornamental value is attributed to having multiple stems. F. Trees shall not have co-dominant terminal leaders. G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled up against the trunk. H. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be developed, updated, and maintained on file. Trees outside of the list require pre-approval by the Administrative Official. H.I. Trees shall not be planted in public utility easements or public street right-of-way without approval of the Administrative Official. . Section 5.11 Permits A. Tree Removal Permit 1. An application for tree removal permit must be submitted, reviewed for compliance with this chapter, and approved prior to the removal of any tree. B. For trees that have become an immediate high hazard to persons or property, the hazard can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of the damage should not be removed from the site unless sufficient photo evidence is taken in advance. An after-the-fact tree removal permit will be required within 30 days of the event and no fees or mitigation will be required as long as sufficient evidence of the hazard can be provided. If trees are removed prior to review or approval of a tree removal permit and no evidence can corroborate the hazard then the City may enforce the penalties of this chapter. C. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville per the following schedule: 1. A person that owns and has primary residence of a single-family home on a lot or combination of contiguous adjacent lots or tracts that total more than one (1) acre will not be charged a permit fee. 2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is to be removed. 3. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the Formatted: Font: Times New Roman Page 5-6 ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from fees under this Section 5.11(C). Section 5.12 Plan Submittals All activity that requires Urban Forestry Review shall have the following plans submitted for review. The Administrative Official shall maintain and keep on file an outline for all specific items required on the following plans as well as any permit applications or additional documents required for review of each activity. A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the property, property boundaries, property easements, existing structures and paving, tree trunk location, a unique tree identification number, common name or species, trunk Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there are no Protected Trees on the property the Administrative Official may waive this submittal. B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements; building setbacks; all Protected Trees; identify trees to be removed or preserved; outline the preserved trees’ CRZ; show grade changes; show all new improvements such as structures, paving, major utilities; show locations, types, and sizes of new trees. Section 5.13 Penalties and Violations A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree mitigation penalty on any person, firm, or corporation who causesIf any Protected Tree is to be cut down, destroyed, removed, moved, damaged, or effectively destroyed through damaging the roots, trunk or canopy without first obtaining the required approvals or permits as outlined in this chapter. The violator shall, the Administrative Official shall have the authority to impose a civil tree mitigation penalty requiring the applicant to choose one, or a combination of, the violation remedy options contained in this section. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is addressed. Where the dbh size of any tree cannot be measured due to that part of the tree being removed from the site or destroyed, the City shall have the authority to estimate the tree’s dbh size based on any remaining physical evidence, photos, and documents. 1. Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree, then the violator shall plant new trees with a canopy credit equal to ten (10) times the canopy area of the removed tree. All tree plantings shall meet the standards of Section 5.10. Trees shall be planted on the same property that the violation occurred unless an alternative location within the City is approved by the Administrative Official. A tree planting plan and timeline for installation of the new trees shall be provided to the Administrative Official no later than 30 days from the date of the offense. The new trees shall be planted no later than 90 days from the date of the offense or, if the site is under construction, the new trees shall be planted prior to final inspections. In the event that the trees are not planted within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees are planted. 2. Option 2. Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the violator shall pay $500 per DBH inch of tree removed. Payment must be provided no later than 30 days of after the Offense. In the event that the trees fees are not planted Page 5-7 paid within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees fess are plantedpaid. B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm, or corporation violating violates or failing fails to comply with any provision or requirement of this chapter, the Administrative Official shall have the authority to issue a citation for a misdemeanor to any and all such persons, firms, or corporations, who upon conviction shall be fined not more than two thousand dollars ($2,000.00) per violation.including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. When the violation involves the cutting down, destruction, removal, or damage to a Protected Tree, each tree shall be considered a separate offense. Additionally, a separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 5.14 Appeals Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative Official relative to the provisions of this chapter shall be heard by the City Council. Section 5.16 Amendments Reserved for listing of amendments to this chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native tree stands, addition of fees, changes to penalties and other modifications City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 12/10/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 7 – Sign Regulations Explanation The City Council had instructed staff to review and propose amendments to each chapter within the City's Land Development Code (LDC). City staff has already reviewed the attached chapters with the City Council at a recent worksession meeting. The process for adopting amendments to the LDC include formal review and recommendation by the Planning and Zoning Commission followed by formal review and approval by the City Council. The attached chapters are a continuation of the formal adoption process. Any remaining chapters will be brought forward over the next several months until the entire Land Development Code has been reviewed. Recommendation Approve Attachments 1.Sign Code Summary of Major Changes 12.10.18 2.Ch. 07 Sign DRAFT Regulations Summary of Major Changes Major Changes: 1.Electronic Message signs image,illumination,SUP request properties on Precinct Line and Hwy 26–pg.7-3 2.Remove Commercial Driveway visibility triangles-pg.7-5 3.Freestanding signs/Monument signs-reduce size from 112 s.f.to 78 s.f.and height from 8 ft.to 6 ½ft.–pg.7-6 4.Institutional signs-to match Freestanding/Monument signs and changeable reader board-pg.7-7 5.Remove Off-Premises Institutional Signs-pg.7-8 6.Multi-family Signs-add masonry requirement to sides-pg.7-8 7.Major Shopping Center Landmark Signs-lower height and have center identification above business/tenant-pg.7-10 Summary of Major Changes Continued Major Changes: 8.Wall Signs-sign area measurement clarified-pg.7-13 9.Remove Missing Pet Signs-pg.7-16 10.Political Signs-reduce height,increase to 60 days prior to election, and remove allowance in public right-of-way-pg.7-17 11.Window Signs-allow not to obscure more than 25%of any individual window pane –pg.7-20 12.Temporary Community Special Event Signs-remove allowance in public right-of-way-pg.7-22 13.Remove Search Lights-pg.7-24 14.Portable Signs-clarify portable signs-pg.7-25 Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 1 Chapter 7 Sign Regulations Rev. 10/06/2014 Section 7-100 Purpose of This Chapter The purpose of this Chapter is to establish a comprehensive and balanced system of street graphics to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. It is the intent of this Chapter to establish standards, which regulate the design, construction, location, height, size and maintenance of signs and sign structures by authorizing the use of street graphics, which are: A. Compatible with their surroundings; B. Appropriate to the activity that displays them; C. Expressive of the identity of individual activities and the community as a whole; D. Consistent within the corridors of the city; DE. Legible in the circumstances in which they are seen; and EF. Protective of property values. Section 7-105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorize a municipality to adopt ordinances, rules, or police regulation that is for the good government, peace, or for the trade and commerce of the municipality. B. The Home Rule Charter of the City of Colleyville, which authorize the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 7-110 Variances and Appeals Any person seeking approval of a sign or sign structure inconsistent with this Chapter, may request a variance from, or appeal a decision of an administrative official to the Sign Board of Appeals using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 7-115 Definitions The definitions for this Chapter are found in Chapter 2 – Definitions of this Land Development Code. Section 7-120 Responsibility for Compliance The permittee, owner, agent, person or persons having the beneficial use of the property, the owner of the Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 2 land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this Chapter. Section 7-125 Violations and Penalties Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor and shall be subject to the penalty provision contained in Chapter 1-General Provisions of this Land Development Code. Section 7-130 General Conditions Applicable to All Signs 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. Sign 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 administrative 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. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 3 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 15) 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. Properties adjacent to Precinct Line road and State Highway 26 may apply for a Special Use Permit to allow for an electronic message sign. 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. M. 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 for a Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. Section 7-135 Permits, Fees and Inspections A. Permit Required – It shall be unlawful for any person to erect a new sign, relocate, enlarge or replace an existing sign, or sign face, regulated by this Chapter without first obtaining a permit from the Building Permit Office, except where an exemption is provided for in this Chapter. No permit shall be issued unless the proposed sign complies with the requirements of this Chapter. B. Permit Fee – Where a permit is required by this Chapter, no application for a sign permit shall be approved which is not accompanied by a permit fee in accordance with the applicable fee schedule. Said fee schedule shall be established by separate ordinance by the City Council. The enforcement administrative official shall not issue a sign permit to any person who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Chapter, until such fees are paid. C. Application for Sign Permit – Application for a sign permit shall be made in writing upon forms furnished by the enforcement administrative official. Such application shall contain sufficient information as determined by the enforcement administrative official, including plans of the proposed sign, whereby the enforcement administrative official may determine that the proposed sign is in conformance with the requirements of this Chapter. D. Permit Expiration – No sign permit shall be valid for more than 180 days from the date of issuance of the permit, except where a specific time period is provided elsewhere in this Chapter. E. Temporary Sign Permit – Where required by this Chapter, a sign permit for a temporary sign shall be valid only for the period specified by the enforcement administrative official. A temporary sign which has not been removed on or before the last day authorized by the sign permit shall be deemed a violation of this Chapter. F. Permit Revocable – The enforcement administrative official may suspend or revoke any sign permit issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of any provision of this Chapter. Any sign constructed that is the subject of a revoked permit shall be removed by the person in control of the sign or premises upon which the sign is located within ten (10) days of written notice of revocation. Notice of revocation shall be deemed to have been received when deposited in the mail, addressed to the owner of the premises, the owner of the sign, and/or the tenant for whose benefit the sign is erected as listed on the permit application. G. Inspections – All signs shall be subject to inspection by the enforcement administrative official. The Commented [BB1]: Option #1: Electronic Message Signs not allowed Option #2: Only allowed for governmental, institutional, or educational uses; limited to 24 inches in height Option #3: Limited to 24 inches in height where allowed (allows for 1 to 2 rows of text) Maximum brightness shall not exceed 7,000 nits when measured from the sign’s face at its maximum brightness during daylight hours and shall not exceed 1,000 nits when measured from the sign’s face at its maximum brightness at night. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 4 building official shall establish inspection procedures and provide copies of such procedures upon request. H. Investigation Fees – Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining said 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 or subsequently issued. The investigation fee shall be equal to the amount of the permit fee. Section 7-140 Signs Exempt From These Regulations The following signs or forms of advertising shall be exempt from the regulations contained in this Chapter: A. Any sign erected by or under the authority of the City of Colleyville on property owned by the City of Colleyville. B. Street identification signs, public notices, and warning signs installed by any City, County, State or Federal agency. C. Residential nameplates or subdivision identification plaques attached to a perimeter screening wall not exceeding two (2) square feet in area. D. Historical markers placed by a city, county, state or national historical preservation organization. E. Official vehicle inspection station signs, holiday lights and decorations, or works of art. F. Signs located on-premises or inside a building and which are not displayed so as to be legible from a public street, including, but not limited to, such signs as credit card decals, hours of operation signs, emergency contact information, barber poles, etc. G. On-site traffic control signs on commercial properties, such as Stop, Yield, and similar traffic control signs containing no commercial message. H. “No Parking” or “Towing” signs authorized by City Ordinance. I. “No Dumping Allowed” signs posted to deter illegal dumping. J. Underground utility warning signs not exceeding one (1) square foot in size and similar safety signs. K. Signs on railway property, which references the operation of such railway. L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet. M. Flags, emblems and insignia of any governmental body. N. Corporate flags displayed on a freestanding pole, which do not exceed 35 feet in height. The flag shall not exceed 32 square feet in area. The flagpole shall be setback a minimum of 20 feet from the front property line and 8 feet from the side property line. O. Drive-through menu boards not located in front of the building. P. Scoreboards, including the identification of donors. Section 7-145 Permanent Freestanding Signs – General Conditions A. Permits – A permit shall be required prior to construction of any permanent freestanding sign, except Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 5 where an exemption is provided for in these regulations. A permit shall not be required for the sole purpose of removal and replacement of an interchangeable panel for a sign structure designed for such purpose. B. Certificate of Occupancy Required – No permit for a permanent freestanding sign shall be approved, except where a business exists with a valid Certificate of Occupancy or where a Certificate of Occupancy has been submitted for the premises on which the sign is to be located. C. Construction Standards – The construction of all permanent freestanding signs shall comply with the structural requirements of the Colleyville building code. No permanent wood signs shall be allowed. D. Illumination – A permanent freestanding sign may be illuminated. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the City of Colleyville electrical code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement administrative official, illuminated signs shall be shielded to minimize glare on residentially zoned property. E. Pedestrian Clearance – No permanent freestanding sign may project over a pedestrian walkway, unless there is a minimum of eight (8’) feet of clearance provided from the bottom of the sign to the grade below the sign. F. Public Right-of-Way – No permanent freestanding sign shall project over or into a public right-of-way, except where a provision in this Chapter provides for a sign within a right-of-way or with the approval by the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a public access easement that is located on private property, provided a minimum of eight (8’) feet of clearance is provided over a walkway and a minimum of fourteen (14’) feet of clearance is provided over a driving area. G. Commercial Driveway Visibility Triangles – No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between thirty inches (30”) and nine feet (9’) above the average curb grade. HG. Street Intersection 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. IH. Attachments to Freestanding Sign – No guys, braces, attachments, banners, flags, balloons, or other similar devices shall be attached to any permanent freestanding sign. Commented [JR2]: Maximum brightness shall not exceed 7,000 nits when measured from the sign’s face at its maximum brightness during daylight hours and shall not exceed 1,000 nits when measured from the sign’s face at its maximum brightness at night. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 6 Section 7-150 Permanent Freestanding Signs – Sign Classifications & Regulations No permanent freestanding sign shall be constructed or displayed unless said sign is in conformance with the sign classifications and standards contained in this Section. A. General Business Signs – The purpose of a general business sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. A general business sign may provide advertising for a single or multi-tenant occupancy. All general business signs shall be subject to the following additional regulations: 1. Construction Design: All general business signs shall be designed and constructed as a monument sign as defined in this Land Development Code. 2. Districts Permitted: A general business sign shall be allowed only in zoning districts in accordance with Table 7-1. 3. Maximum Number: One general business sign shall be allowed for each 250 feet of street frontage, or portion thereof, for each lot. Where a building encompasses more than one lot, each lot shall qualify for a general business sign. If the site is a corner lot, each frontage shall be allowed additional signs using the same formula described in this paragraph. The sign(s) shall be located adjacent to and within the qualifying street frontage. Additional signs are not permitted by adding different street frontages to total more than 250 feet. 4. Specifications: The maximum area, height, spacing and setbacks of a general business sign shall conform to the specifications contained in Table 7-2, except where provided as follows: a. Maximum Area: One-hundred and twelveSeventy-Eight square feet (112 78 s.f.), overall structure size. b. Base and Column Requirements: At a minimum, a general business sign shall be constructed to include a base and columns as described below. Said base and columns shall be included in the calculation for determining the overall structure size for compliance with these regulations. i. Base: A general business sign shall be constructed with a base that extends the entire length of the face of the sign structure. Said base shall be a minimum of eighteen inches (18”) in height and shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. ii. Columns: A general business sign shall be constructed with columns constructed on each end of the face of the sign structure. Said columns shall be a minimum of eighteen inches (18”) in width as viewed from the front and side elevations and shall extend the entire height of the face of the sign structure. Said columns shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. iii. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be internally offset (recessed) a minimum of two inches (2”) from the vertical plane of the base and columns required above. c. Maximum Height: Eight Six and one-half feet (8’6 ½’). d. Minimum Setback: Eight feet (8’) from an abutting street right-of-way. Thirty feet (30’) from any side or rear property line adjacent to another property. e. Minimum Thickness: The advertising image area of a general business sign shall not be less than four and one-half inches (4-½”) between vertical face planes. 12’ 6.5’ 78 SF Commented [BB3]: Option: 78 square feet (6.5’ x 12’) Sign Area: 45 square feet (5’ x 9’) Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 7 5. Changeable Reader Board and Electronic Message Signs: A general business sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum allowable message area and provided that no more than fifty (50%) percent of the maximum allowable message area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. 6. Spacing: Where a lot qualifies for an additional general business sign, a general business sign shall be a minimum of one hundred (100’) feet from another general business sign situated on the same lot. 7. Two Frontage Lots: A lot that abuts two (2) or more street frontages shall be allowed a general business sign for each street frontage, provided minimum spacing requirements are in compliance. B. Institutional Signs – These regulations provide for on-premises and off-premises institutional signs to assist the public with the location of these types of uses. 1. On-Premises Institutional Sign: The purpose of an on-premises institutional sign is to identify schools, churches, hospitals or similar public or quasi-public institutions. One on-premises institutional sign per street frontage shall be allowed on the premises where the institution is located and in accordance with Table 7-1. All on-premises institutional signs shall be constructed as a monument sign as defined in this Land Development Code. The maximum area, height, spacing, and setbacks of an on-premises institutional sign shall conform to the specifications contained in Table 7-2, provided that an on-premises institutional sign located within a commercial zoning district may comply with the requirements of a general business sign. a. Maximum Area: Forty-fiveSeventy-Eight square feet (4578 s.f.), overall structure size. b. Base and Column Requirements: At a minimum, a general business sign shall be constructed to include a base and columns as described below. Said base and columns shall be included in the calculation for determining the overall structure size for compliance with these regulations. i. Base: A general business sign shall be constructed with a base that extends the entire length of the face of the sign structure. Said base shall be a minimum of eighteen inches (18”) in height and shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. ii. Columns: A general business sign shall be constructed with columns constructed on each end of the face of the sign structure. Said columns shall be a minimum of eighteen inches (18”) in width as viewed from the front and side elevations and shall extend the entire height of the face of the sign structure. Said columns shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. iii. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be internally offset (recessed) a minimum of two inches (2”) from the vertical plane of the base and columns required above. a.c. Minimum Setback: Eight feet (8’) from an abutting street right-of-way and thirty feet (30’) from any side or rear property line adjacent to another property. bcd. Minimum Thickness: No on-premises institutional sign shall be less than four and one-half inches (4-½”) between vertical face planes. cde. Changeable Reader Board: An on-premises institutional sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum Commented [BB4]: Option #1: Eliminate this for General Business signs Option #2: Limited to 24 inches in height (allows for 1 to 2 rows of text) Option #3: Require approval of an SUP to allow Commented [BB5]: Concern: The use of an electronic sign where the text does not change (the entire sign or 50% of the sign) Commented [BB6]: Match ‘Freestanding Business Sign’ regulations Commented [BB7]: Option #1: Limited to 24 inches in height (allows for 1 to 2 rows of text) Option #2: Require approval of an SUP to allow Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 8 allowable sign area and provided that no more than fifty (50%) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. 2. Off-Premises Institutional Sign: The purpose of an off-premises institutional sign is to provide direction to a school, church, hospital or similar public or quasi-public institution. An off-premises institutional signs may be placed on private property with the permission of the property owner. No more than two (2) off-premises institutional signs shall be allowed per institution. The signs shall not exceed sixteen (16) square feet in area nor exceed five (5’) feet in height. An off-premises institutional sign is not required to be constructed as a permanent monument sign. C. Multi-family Signs – The purpose of a multi-family sign is to identify the name of a multi-family residential development. All multi-family signs shall be constructed as a monument sign as defined in this Land Development Code and be constructed using the same standards as a General Business Sign, except for maximum area and height, which are established in this paragraph. One multi-family sign per street frontage shall be allowed in zoning districts in accordance with Table 7-1. The maximum area, height, spacing, setbacks of a multi-family sign shall conform to the specifications contained in Table 7-2 and the following additional requirements. 1. Base and Column Requirements: At a minimum, a general business sign shall be constructed to include a base and columns as described below. Said base and columns shall be included in the calculation for determining the overall structure size for compliance with these regulations. i. Base: A general business sign shall be constructed with a base that extends the entire length of the face of the sign structure. Said base shall be a minimum of eighteen inches (18”) in height and shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. ii. Columns: A general business sign shall be constructed with columns constructed on each end of the face of the sign structure. Said columns shall be a minimum of eighteen inches (18”) in width as viewed from the front and side elevations and shall extend the entire height of the face of the sign structure. Said columns shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. iii. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be internally offset (recessed) a minimum of two inches (2”) from the vertical plane of the base and columns required above. 1.2. Minimum Thickness: No multi-family sign shall be less than four and one-half inches (4-½) between vertical face planes. D. Subdivision Monument Signs – The regulations for subdivision monument signs are intended to allow residential developments to have large grand-entrance structures at the main entrances to a subdivision. All subdivision monument sign structures shall be constructed to avoid the creation of a sight visibility obstruction for vehicular traffic entering and exiting the subdivision. No more than two subdivision monument signs shall be allowed per subdivision entrance. No subdivision monument sign structure shall exceed ten six and one-half (10’6.5’) feet in height and the message area shall not exceed fifty (50) square feet. Subdivision monument signs shall be allowed in accordance with Table 7-1. Subdivision monument signs shall not be located within a public right-of-way, except with the approval by the City Council of a Right-of-Way Joint Use Agreement. The maximum area, height, spacing and setbacks of a subdivision monument sign shall conform to the specifications contained in Table 7-2. 6.5 s.f. Commented [BB8]: Concern: The use of an electronic sign where the text does not change (the entire sign or 50% of the sign) Commented [JR9]: Add masonry requirements to the sides of the sign , 18” column each end and 18” base. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 9 E. Traffic Directional Signs – The purpose of a traffic directional sign is to guide vehicular traffic into or out of an institutional use or commercial business by identifying a public entrance and exit for vehicular traffic. No more than two traffic directional signs per entrance or exit shall be allowed in accordance with Table 7-1, provided additional traffic directional signs shall be allowed when located behind the building set-back line. The maximum area and height of a traffic directional sign shall conform to the specifications contained in Table 7-2. No permit shall be required for a traffic directional sign, provided all such signs shall comply with the regulations contained in this section. F. Directory Signs – The purpose of a directory sign is to provide a listing of the occupants within a major multi-tenant shopping center and direct to the buildings in the development. All directory signs shall be constructed as a monument sign as defined in this Land Development Code. Directory signs shall be allowed in accordance with Table 7-1 and only for retail shopping centers that contain more than four (4) tenants and contain a minimum of 250,000 square feet of gross floor area. One (1) directory sign shall be permitted per street entrance with no more than 4 such signs permitted total per retail shopping center. The maximum area, height, spacing, and setbacks of a directory sign shall conform to the specifications contained in Table 7-2. Section 7-155 Special Purpose Sign Districts & Regulations The following special purpose sign districts are hereby created to provide additional signage provisions that due to special circumstances are not applicable to all locations within the city. A. Freeway Overlay Zone – The area situated within 250 feet from the right-of-way line of State Highway 121 shall be defined as the Freeway Overlay Zone for the purpose of this sign regulation. 1. Freeway Pole Signs: The purpose of a freeway pole sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located for businesses located adjacent to State Highway 121. Freeway pole signs shall be subject to the following regulations. a. Permit: A permit shall be required for a Freeway Pole sign upon the review and approval of the City Council. ab. Districts Permitted: A freeway pole sign shall be allowed in zoning districts in accordance with Table 7-1, but only for when the sign is situated within the freeway overlay zone. bc. Maximum Number: No more than one freeway pole sign and one general business sign shall be allowed for each lot. cd. Specifications: The maximum area, height, spacing and setback of a freeway pole sign shall conform to the specifications contained in Table 7-2. de. Changeable Reader Board: A freeway pole sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum allowable sign area and provided that no more than fifty (50%) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. A changeable reader board may include an electronic message area. B. Major Multi-Tenant Shopping Center Sign Areas – A Special Purpose Sign District for a Major Multi- Tenant Shopping Center may be approved by the City Council provided the following minimum requirements are met. A Major Multi-Tenant Shopping Center shall include retail shopping centers that contain more than four (4) tenants and contain a minimum of 100,000 square feet of gross floor area for the purpose of this sign regulation. Commented [BB10]: Option: Eliminate this for Freeway Pole signs Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 10 1. Major Shopping Center Landmark Signs: The purpose of a major shopping center landmark sign is to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. A landmark sign shall mean a free standing four-sided sign that provides an effective area for multi-tenant advertisement and shall only be permitted within a major multi-tenant shopping center area as defined above. a. Permit: A permit shall be required for a landmark sign upon the review and approval of the City Council. b. Specifications: All landmark signs shall comply with the following minimum requirements: i. Maximum Height: Thirty five feet (35’30’). ii. Maximum Base Dimensions: Fourteen feet (14’) by fourteen feet (14’). iii. Maximum Effective Area of Signage: Five feet (5’) in height and ten feet (10’) width. iii.iv. Minimum Height of Effective Area of Signage: 12 Twelve feet (12’) for center identification; 8 Eight feet (8’) for other business/tenant identification iv.v. Architectural Features: Landmark signs shall be architecturally compatible to the principle building(s) on the property or overall architectural theme of a development. Decorative roof and wall design features, such as parapets, ridges, and eaves, etc. shall be incorporated into the design to provide visual interest. A flat roof line with no articulation is not permitted unless deemed by the Administrative Official to be compatible with the architecture of the development. v.vi. Signage: Signage for each tenant shall be uniform in size, color and method of construction. Major Shopping Center Landmark Signs Section 7-160 Permanent Freestanding Signs – Allowable Districts No permit for a permanent freestanding sign shall be issued nor shall a permanent freestanding sign be One side of four sides Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 11 constructed or displayed unless said sign is situated in a district authorized by Table 7-1 below: Table 7 - 1 Allowable Districts for Permanent Freestanding Signs Sign Classification Permit Required (Y or N) Residential Districts Commercial Districts Special Districts R1 5 R2 0 R3 0 R4 0 RE RD RM F MH CP O CN CC 1 CC 2 CC 3 ML AG PU D General Business Signs Y P P P P P P (1) Freeway Pole Signs Y S (2) S (2) S (2) S (2) S (2) S (2) S (2) Institutional Signs Y P P P P P P P P P P P P P P P P Multi-family Signs Y P (3) Subdivision Monument Signs Y P P P P P P P P P Traffic Directional Signs N (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P P (1) Directory Signs Y (5) (5) (5) Notes for Table 7-1: (1) Permitted where the PUD ordinance allows commercial uses Legend: P = Sign permitted in this district (2) Permitted only in the Freeway Overlay Zone with approval of an SUP (3) Permitted where the PUD ordinance allows multi-family uses (1#) = Sign permitted in this district (4) Permitted for Institutional uses in the applicable districts per special footnote (5) Permitted for retail shopping centers containing a minimum of 250,000 square feet of gross floor area. Section 7-165 Permanent Freestanding Signs – Area, Height and Setback Requirements No permit for a permanent freestanding sign shall be issued nor shall a permanent freestanding sign be constructed or displayed that exceeds the maximum area, height and minimum setback requirements contained in Table 7-2 below: Table 7 - 2 Area, Height and Setback for Permanent Freestanding Signs Type of Sign Maximum Sign Area Maximum Sign Height Minimum Front Property Line Setback (1) Minimum Side Property Line Setback Minimum Spacing B/T Next Free-Stand. Sign Special Conditions General Business Signs 112 78 s. f. (2) 8 6.5 ft. (2) 8 ft. 30 ft. 60 ft. (7) 1 per 250' street frontage Freeway Pole Signs 250 s. f. 35 ft. 8 ft. 30 ft. 60 ft. (7) 1 per lot (3) Institutional Signs (on-premises) 45 78 s f. (4) 5 6.5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Institutional Signs (off-premises) 16 s f. 5 ft. none none none Maximum of two signs Multi-family Signs 25 52 s. f. 5 6.5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Subdivision Monument Signs (8)50 s. f. 10 6.5 ft. 0 ft. 0 ft. (5) n/a Maximum 2 per entrance Traffic Directional Signs (6) 6 s. f. 30 inches 0 ft. 0 ft. 0 ft. 2 per curb cut Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 12 Directory Signs 25 s. f. 6 ½ ft. (2) 150 ft. N/A N/A 1 per street entrance and no more than 4 signs per retail shopping center; Sign shall only be located along an internal drive or street within the development Notes for Table 7-2: (1) Any street frontage shall be considered a front property line (2) Maximum structure size. (3) Only permitted within 250 feet of Hwy. 121 right-of-way. (4) An on-premises Institutional Sign located in a non-residential zoning district may be constructed in accordance with the General Business Sign regulations for the applicable zoning district. (5) Signs on a street island must be designed to permit appropriate driver visibility- joint use agreement required. (6) Spacing requirements for Freestanding Signs are not applicable to Traffic Directional Signs. (7) 100 feet between signs when signs are located on the same lot. (8) Maximum message area is 50 s.f. Section 7-170 Permanent Attached Signs – General Conditions A. Permit – A permit shall be required prior to construction of any permanent attached sign, except where an exemption is specifically provided for in these regulations. B. Certificate of Occupancy Required – No permit for a permanent attached sign shall be approved, except where a business exists with a valid certificate of occupancy or where a certificate of occupancy has been submitted for the premises on which the sign is to be located. C. Construction Standards – The construction of all permanent attached signs shall comply with the structural requirements of the Colleyville building code. D. Illumination – A permanent attached sign may be illuminated, however, illuminated attached signs on rear building facades are prohibited. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the City of Colleyville electrical code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement administrative official, illuminated signs shall be shielded to minimize glare on residentially zoned property. E. Pedestrian Clearance – No permanent attached sign may project over a pedestrian walkway, unless there is a minimum of eight (8’) feet of clearance provided from the bottom of the sign to the grade below the sign. F. Public Right-of-Way – No permanent attached sign shall project over or into a public right-of-way, except where a provision in this Chapter provides for a sign within a right-of-way or with the approval by the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a public access easement located on private property, provided a minimum of eight (8’) feet of clearance is provided over a walkway and a minimum of fourteen (14’) feet of clearance is provided over a driving area. Section 7-175 Permanent Attached Signs – Classification and Regulations No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section and is situated in a district authorized by Table 7-3. A. Awning Signs – The purpose of an awning sign is to provide an advertising message on the face of an awning. An awning may extend across the entire width of a building or tenant space. An awning may extend above the apparent roof line of the building, provided the awning extends across seventy-five (75%) percent of the entire width of the building façade to Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 13 which it is attached. An awning shall not exceed six (6’) feet in height. Awnings shall only be allowed of a single color of a neutral tone (black, gray, white, tan, etc.), sufficiently opaque, and of a high quality material. The sign area on an awning shall not exceed 20% of the area of the awning and shall extend for no more than 50% of the length of the awning or ten feet (10’), whichever is more restrictive. A permit shall be required for an awning sign. Awning signs may be illuminated. B. Canopy Signs – A canopy sign shall 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. C. Projecting Signs – The purpose of a projecting sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located by providing an advertising message that is perpendicular to the wall of the building to which it is attached. A projecting sign shall be allowed in zoning districts in accordance with Table 7-3 and shall comply with the following additional regulations: 1. Number of Signs: One (1) projecting sign shall be allowed for each single tenant building or for each tenant in a multi-occupancy structure. However, no tenant storefront shall have a projecting sign in combination with a wall sign on the same building elevation. 2. Maximum Area: A projecting sign shall not exceed twenty (20) square feet. The plane of the message area shall not exceed eighteen (18”) inches from the plane of the message area on the opposite side of the sign. 3. Horizontal Projection: A projecting sign shall not project more than four (4’) feet from any wall facing and shall not be closer than two (2’) feet from a curb line. A projecting sign shall not extend above the apparent roof line of the building. 4. Clearance: Every projecting sign shall be a minimum of eight (8’) feet above the grade over a walking area or fourteen (14’) feet over a vehicular maneuvering area. Projection signs shall not project over any property line or right-of-way line. 5. Illumination: A projecting sign may be illuminated but shall not be internally illuminated. D. Wall Signs - A wall sign shall only be allowed over the premises on which it advertises and may be illuminated; provided, illuminated wall signs on rear building facades are prohibited. Illumination shall allow for a solid color, no changing colors allowed. Wall signs shall comply with the following additional regulations: 1. Maximum Area: The total area of all wall signs on a single tenant building or occupancy space of a multi-tenant building shall not exceed the product of two one and one- half (1 ½) times the lineal width of the wall on which such signs are located. For purpose of this regulation, on multi- tenant buildings, the width of each lease space shall be used to calculate each sign width. 2. Sign Area Measurement: The measurement of sign area to determine compliance with the maximum sign area requirements shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines (see exhibit below). Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 14 23. Maximum Height: Six feet (6’), provided that no wall sign shall extend above the wall to which it is attached. 34. Maximum Width: Seventy-five percent (75%) of the width of the wall area to which it is attached. When more than one wall sign is used, the combination of the sign widths, when placed side by side, shall not exceed seventy-five (75%) of the width of the wall to which they are attached. 45. Horizontal Projection: No wall sign shall project from the vertical plane of the wall more than eighteen inches (18”). E. Subdivision Wall Signs or Plaques - Subdivision wall signs or plaques shall not exceed thirty (30) square feet in area. Subdivision wall signs or plaques are limited to two per subdivision entryway and may be illuminated. A subdivision wall sign or plaque shall be attached to a fence or screening wall. For purposes of this regulation, the size of the graphic and sign text shall be used to measure sign size. Section 7-180 Permanent Attached Signs – Allowable Districts No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-3 below: Table 7 - 3 Allowable Districts for Permanent Attached Signs Sign Classification Permit Required (Y or N) Residential Districts Commercial Districts Special Districts R1 5 R2 0 R3 0 R4 0 RE RD RM F MH CP O CN CC 1 CC 2 CC 3 ML AG PU D Awning Signs Y P P P P P P (1) Canopy Signs Y P P P P P P (1) Projecting Signs Y P P P P P P (1) Subdivision Wall Signs or Plaques Y P P P P P P P P P P Wall Signs Y P P P P P P (1) Notes for Table 7-3: (1) Permitted where the PUD ordinance allows commercial uses Legend: P = Sign permitted in this district (1#) = Sign permitted in this district Commented [BB11]: Option: Maximum letter height; ratio to wall length Commented [JR12]: Ratio of letter height based on sign frontage: <50 sf = 24” 50 sf to 100 sf = 48” >100 sf = 72” Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 15 per special footnote Section 7-185 Temporary Signs – General Conditions A. Permit – A permit approved by the enforcement officer administrative official prior to the construction or display of some classifications of temporary signs is required to determine compliance with these regulations and to establish the beginning and ending display periods. B. Certificate of Occupancy Required – No temporary sign shall be constructed or erected, except where a business exists with a valid certificate of occupancy or where a certificate of occupancy has been submitted for the premises on which the sign is to be located, unless a provision in this Section allows a sign to be displayed off-premises. C. Illumination – No temporary sign may be illuminated, except where a regulation provides for illumination. Lighting, where allowed, shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement administrative official, illuminated signs shall be shielded to minimize glare on residentially zoned property. Section 7-190 Temporary Business Signs – Classifications & Number Allowed No permit for a temporary sign shall be issued nor shall a temporary sign be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section and is situated in a district authorized by Table 7-3. Where a provision exempts certain classifications of temporary signs from the permit requirement, said temporary signs shall comply with all other provisions for temporary signs. A. Agricultural Signs – The purpose of an agricultural sign is to identify the temporary seasonal sales of produce, crops, animals or poultry that are produced or raised on the farm or ranch on which the sign is placed. An agricultural sign may be displayed in zoning districts in accordance with Table 7-4. One agricultural sign shall be allowed per lot, parcel or tract of land, provided the property contains a minimum of one (1) acre. The maximum gross surface area of the sign shall be eight (8) square feet. Agricultural signs shall have a maximum height of four (4’) feet. B. Construction Trades Signs – The purpose of a construction trades sign is to denote the architect, engineer, financial institution or building trades contractor involved in a construction project. Construction trades signs shall be regulated as either commercial or residential, which shall be allowed in accordance with Table 7-4. The maximum area, height, spacing and setbacks of a Construction Trades Sign shall conform to the specifications contained in Table 7-5. Construction trades signs shall not be erected until a building permit has been submitted for building construction and shall be removed up on completion of the construction project or occupancy of the structure, whichever is applicable. Construction trades signs shall not be illuminated. No permit or fee shall be required for a construction trades sign. C. Development Signs – The purpose of a development sign is to advertise a proposed residential subdivision or commercial project. A development sign shall be allowed in accordance with Table 7-4. A development sign shall not be illuminated. The maximum area, height, spacing and setbacks of a development sign shall conform to the specifications contained in Table 7-5. A permit shall be required for a development sign, A development sign shall be removed when the project is 90% complete or within three years from start of construction, whichever is less. For the purpose of this provision, a subdivision shall be deemed 90% complete when 90% of the lots within the subdivision are sold. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 16 D. Garage Sale Signs – The purpose of a garage sale sign is to announce the sale of household possessions. Garage sale signs shall be allowed in any zoning district in accordance with Table 7-4. The maximum area, height, spacing and setbacks of a garage sale sign shall conform to the specifications contained in Table 7-5 and shall comply with the following additional regulations: 1. Duration: A garage sale sign shall not be posted more than twenty-four (24) hours prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale. 2. Illumination: A garage sale sign shall not be illuminated. 3. Permit: No permit or fee shall be required for any garage sale sign. 4. Single-family residential on-premises: One garage sale sign per street frontage shall allowed, but only on the premises where the garage sale is being conducted and where there is an existing residential use. 5. Neighborhood-wide garage sales: Two garage sale signs per subdivision entrance shall be allowed for a neighborhood-wide garage sale sponsored by a homeowner’s association (HOA). The garage sale sign may be off- premises from where the actual garage sale is conducted, but the sign shall be located on property, including a street right-of-way, that is within the limits of the homeowner’s association. The HOA must be registered with the Colleyville Code Enforcement Department. E. Missing Pet Signs – The purpose of a missing pet sign is for the pet owner to alert the immediate area or neighborhood where the pet owner resides that a pet is lost or missing. 1. Number of Signs: There shall be no more than four (4) signs allowed per pet owner. 2. Location of Signs: Signs may be placed on the private property where the pet owner resides and within the following street rights-of-way: Rights-of-way at street intersections that are located within a 1,000 foot radius of the pet owner’s residence. No signs may be placed upon any telephone poles. 3. Duration: missing pet sign(s) may be posted for a period of not more than ten days. 4. Illumination: A missing pet sign shall not be illuminated. 5. Permit: No permit or fee shall be required for any missing pet sign. 6. Sign Dimensions and colors: Signs shall be placed on the ground and shall not exceed four (4) feet in height and shall not exceed eight (8) square feet in area. The background and/or primary color of the sign shall be white. F. Home Occupation Signs – (refer to Chapter 3 of the Land Development Code regarding Home Occupations). G. Model Home Signs – The purpose of a model home sign is to provide advertising of a typical completed residential dwelling. A model home sign shall be allowed in any residential zoning district in accordance with Table 7-4, provided the sign and the model home are located in the subdivision being developed. Model home signs are limited to one per premises. A model home sign permit may not exceed a period of 24 months, provided if the model home is sold prior to the expiration of the 24 month period, the sign shall be removed when the sale is completed. The maximum area, height, spacing and setbacks of a Model Home sign shall conform to the specifications contained in Table 7-5. H. Political Signs – A political sign shall be allowed in any zoning district. No political sign shall be attached Commented [BB13]: City Attorney to provide input on needed changes Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 17 to any utility, light, or traffic signal pole. A political sign shall not be illuminated. Political signs shall be subject to the following additional regulations. 1. Political Signs on Publicly Owned Property – A political sign shall not be placed upon any publicly owned property including but not limited to City parks, City facilities, school district property, or state or federally owned property, except for the following: a. Said political sign(s) shall be placed in the perimeter landscaped area on the subject property being used as a polling location in accordance with Texas Election Code Section 61.003 or 85.036; b. Said political sign(s) shall not exceed four (4) square feet in area; c. Said political(s) shall be attached to a metal stake, not to exceed a 9 gauge diameter, driven into the ground; d. Said political sign(s) shall not encroach upon any tree roots, irrigation lines, and any other underground vegetation, or structure; e. Said political sign(s) shall not extend over any sidewalk, street, or driveway; f. Said political sign(s) shall not be placed within 30 feet of an identical sign(s); g. Said political sign(s) may be placed beginning 48 hours prior to the first day of the early voting period, and must be removed within three (3) days after early voting of said election, unless the polling location for Election Day is held in the same location at early voting, then the signs shall be removed by 10:00 a.m. on the day following the election; h. For a location used for Election Day only, said political sign(s) shall be placed beginning at 6:00 p.m. the day before Election Day, and shall be removed by 10:00 a.m. on the day following the election. 2. Political Signs on Private Property – A political sign situated on private property shall not exceed thirty-two (32) square feet, nor exceed eight six (8 6) feet in height, and shall not be erected more than thirty sixty (30 60) days prior to the official election and shall be removed within seven (7) days after said election. 3. Political Signs within a public right-of-way – A political sign may be placed within the public right-of- way, provided no portion of the sign shall be closer than three (3) feet from the edge of the street pavement and further provided no part of the sign extends over any sidewalk. A political sign situated within a public right-of-way shall not exceed sixteen (16) square feet in area nor exceed six (6) feet in height. a. A political sign shall not be erected within a public right-of-way more than thirty (30) days prior to the date of the official election and shall be removed within seven (7) days after said election. b. A political sign shall not be placed on any private property, or within public right-of- way adjacent to private property without the private property owner approval. c. A political sign shall not be placed within a roadway median or block vehicular visibility. 43. No permit or fee shall be required for a political sign. I. Real Estate Signs (Commercial) – The purpose of a commercial real estate sign is to advertise the sale, rental or lease of the premises on which said sign is located. A commercial real estate sign shall be allowed in accordance with Table 7-4. A commercial real estate sign shall not be illuminated. The maximum area and height of a commercial real estate sign shall conform to the requirements contained in Table 7-5. Commercial real estate signs shall be removed within seven (7) days following the completion of the sale, rental or lease of the premises. No permit or permit fee shall be required for a commercial real estate sign. 6’ Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 18 J. Real Estate Signs (Residential) – The purpose of a residential real estate sign is to advertise the sale, rental or lease of the premises on which said sign is located. A residential real estate sign shall not be illuminated. A residential real estate sign shall be allowed in a residential district in accordance with Table 7-4. The maximum area and height of a residential real estate sign shall conform to the requirements contained in Table 7-5. All signs shall be removed within seven (7) days following the completion of the sale, rental or lease of the premises. No permit of permit fee shall be required for a residential real estate sign. K. Temporary Business Signs – The purpose of a temporary business sign is to provide advertising for specific periods of time to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. 1. Requirements: Temporary business signs shall conform to the following additional regulations: a. Maximum number: One per business occupancy holding a valid certificate of occupancy. b. Illumination: None allowed. c. Permit Requirements: A temporary business sign permit shall not be valid for more than 30 consecutive days and there shall be a thirty (30) day non-display period between permits. No more than three temporary business sign permits shall be issued per calendar year per business occupancy. d. Permit Fee: A permit fee shall be charged for a temporary business sign. The permit fee shall be established by City Council. e. Districts Allowed: Temporary business signs shall be allowed in zoning districts in accordance with Table 7-4. 2. Types of Temporary Business Signs: A business tenant may choose any one of the following types of sign structures: a. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below the apparent lower edge of an overhanging covered walkway, provided the banner is firmly secured to the columns supporting the building. A flexible banner sign may not be freestanding. A flexible banner sign shall not exceed fifty (50) square feet nor exceed six (6) feet in height. b. A-Frame Signs: The purpose of an A-frame sign is to provide temporary advertising during business hours of a commercial occupancy. (1). Maximum height and area shall conform to the following table: Maximum heights and areas of A-Frame Signs Max. Area Max. Height Located on a sidewalk 8 s. f. 4 feet Located in a yard 24 s. f. 6 feet (2). Time duration: Only displayed during business hours. (3). Placement: Only allowed on private property, but may be located on a public sidewalk, provided a width of four feet (4) shall remain free from intrusion. c. Stake Signs: A stake sign shall not exceed sixteen (16) square feet, nor exceed six (6) feet in height. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 19 L. Weekend Builder / Real Estate Open House Signs – 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 adjacent property owner, provided the advertiser has a valid annual 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 estate open house sign shall block vehicular visibility. Approval of an 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 Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 20 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. M. Window Signs - Window signs may be placed so as not to obscure more than 25% of the visible window area any individual window pane. Where multiple windows exist, fronting on the single elevation, the 75% visibility shall be maintained for the total window area on said elevation. N. Temporary Construction Entrance Signs – The enforcement administrative official is hereby authorized to approve temporary signs to direct traffic to the entrance of a commercial business when the driveway that provides access to the business or the street immediately abutting the business is under construction. O. Allowance for Signs Adjacent to Roadways Under Construction – Businesses adjacent to a major public roadway construction project scheduled for six months or more duration shall be eligible for prolonged temporary signage when roadway construction activities are commencing immediately adjacent to the business. The following conditions shall apply: (1) Shall comply with Section 7-190.K Temporary Business Signs. (2) The Permit Requirements (Sec. 7-190.K.1.c) shall not apply for the duration of the construction of the roadway. Section 7-195 Temporary Signs – Permitted Districts No temporary sign shall be displayed unless said sign is situated in a district authorized by Table 7-4. Table 7-4 Permitted Districts for Temporary Signs Sign Classification Permit Required (Y or N) Residential Districts Commercial Districts Special Districts R1 5 R2 0 R3 0 R4 0 RE RD RM F MH CP O CN CC 1 CC 2 CC 3 ML AG PU D Agricultural Signs N P P P P P P P P P P P P P P P P Community Special Event Signs N See Section 7-205 Construction Trades Signs (Commercial) N P P P P P P (1) Construction Trades Signs (Residential) N P P P P P P P P P (2) Development Signs Y P P P P P P P P P P P P P P P P Garage Sale Signs (3) N P P P P P P P P (3) (3) (3) (3) (3) (3) (3) (3) Missing Pet Signs N P P P P P P P P P P P P P P P P Home Occupation Signs N See Home Occupations in Chapter 3 of the Land Development Code Model Home Signs Y P P P P P P P P (2) Pole Banners Y See Section 7-205.E Political Signs N P P P P P P P P P P P P P P P (1) Real Estate Sign (Commercial) N P P P P P P (2) Real Estate Sign (Residential) N P P P P P P P P P (1) Temporary Business Signs Y P P P P P P (1) Banner Signs Y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P (1) A-FrameSigns Y P P P P P P (1) Stake Signs Y P P P P P P (1) Commented [BB14]: Option: Eliminate allowance for Window Signs Commented [BB15]: There a desire to allow for special regulations regarding temporary business signs when adjacent to a roadway that is under construction. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 21 Weekend Builder / RE Signs Y See Section 7-190.K Notes for Table 7-4: (1) Permitted where the PUD ordinance allows commercial uses. Legend P = Sign permitted in this district (2) Permitted where the PUD ordinance allows residential uses. (3) Property must contain a residential use. (1#) = Sign permitted in this district (4) Where an Institutional use occupies the premises per footnote Section 7-200 Temporary Signs – Area & Setback Requirements All temporary signs shall be constructed in accordance with the requirements listed in Table 7-5: Table 7-5 Maximum Area, Height and Setback of Temporary Signs Type of Sign Max. Area Max. Height Front Property Line Setback Side Property Line Setback Special Conditions Agricultural Signs 8 s. f. 4 ft. none none one acre lot min. Community Special Events Signs See Section 7-205 for regulations Construction Trades Signs (Commercial) 64 s. f. 10 ft. none none none Construction Trades Signs (Residential) 8 s. f. 4 ft. none none none Development Signs 64 s. f. 10 ft. none none none Garage Sale Signs (single-family residential) 8 s. f. 4 ft. none none 1 per frontage Garage Sale Signs (neighborhood-wide) 32 s. f. 6 ft. none none 2 per subdivision entrance Missing Pet Signs 8 s. f. 4 ft. none none 4 signs max. allowed on pet owner’s property and in ROW at street intersections within 1,000 foot radius of pet’s home Model Home Signs 32 s.f. 6 ft. none none 24 months Pole Banners See Section 7-205.E for regulations Political Signs (on private property) 32 s. f. 8 6 ft. none none none Political Signs (within a public right-of-way) 16 s. f. 6 ft. none none none Real Estate Signs (Commercial) 64 s. f. 10 ft. none none none Real Estate Signs (Residential) 12 s. f. 6 ft. none none none Temporary Business Signs Banner Signs 50 s. f. 6 ft. none none 3 permits per calendar year / 30 days between permits / permits valid for 30 days A-Frame Signs (Located in a yard) 24 s. f. 6 ft. none none A-Frame Signs (Located on a sidewalk) 8 s. f. 4 ft. none none Stake Signs 16 s. f. 6 ft. none none Weekend Builder / Real Estate Open House Sign See Section 7-190.K for regulations Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 22 Section 7-205 Temporary Community Special Event Signs The purpose of this regulation is to provide temporary advertising for certain community special events sponsored by public and quasi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville. Signs shall be allowed in accordance with the following: A. Qualifying Entities – The following public and semi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville shall be permitted to have community special event signs in accordance with the provisions of this section. 1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of Colleyville may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. 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 not block vehicular visibility. 2. Public and Semi-Public Schools: Signs advertising an event conducted and sponsored by a public or semi-public school may be placed on property owned by the public or semi-public school or within the adjacent right-of-way. Signs placed within the public right-of-way adjacent to property owned by the public or semi-public school shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 3. Colleyville Area Chamber of Commerce: Signs advertising the Colleyville Business Expo sponsored by the Colleyville Area Chamber of Commerce may be placed on any private property. or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. 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 not block vehicular visibility. 4. Churches and Other Religious Institutions: Signs advertising an event conducted and sponsored by a church or other religious institution located within the corporate limits of the City of Colleyville may be placed only on the premises where the event is located or within the public right-of-way adjacent to the premises where the event is located. 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 not block vehicular visibility. 5. Non-Profit Civic Organizations Not Listed Above: For the purpose of this section, a non-profit civic organization shall be a not-for-profit community organization that has as its primary objective charitable fundraising, community betterment or youth sports promotion and participation. Signs advertising an event conducted and sponsored by a non-profit civic organization may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. 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 not block vehicular visibility. Sign dimensions shall be consistent with the provisions of Section “B(3) and (4)” below. Directional signs may be placed no sooner than 24 hours prior to the event and shall be removed no later than 24 hours after the conclusion of the event. B. Types and Maximum Area of Signs Allowed – The following types of community special event signs shall be allowed, provided the sign does not exceed the maximum area and height established below. 1. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below the apparent lower edge of an overhanging covered walkway, provided the banner is firmly secured to the columns supporting the building. A flexible banner sign may be freestanding. A flexible banner sign shall not exceed fifty (50) square feet nor exceed six (6) feet in height. 2. Stake Signs: Signs shall not exceed six (6) square feet in area nor exceed four (4) feet in height. 3. Exceptions to Stake Sign Requirements for Non-Profit Civic Organizations: Stake Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 23 signs for non-profit civic organizations shall adhere to the stake sign location and size requirements for political signs found in Section 7-190(H)(1) and (2). 4. Banner Sign Requirements for Non-Profit Civic Organizations: There shall be no size restrictions for banner signs until June 30, 2012. Thereafter, banner sign dimensions shall conform to the requirements of Section B(1) above. C. Time Duration – Signs for City of Colleyville sponsored events may be erected for any length of time. All other signs allowed under this section may be erected 21 days prior to the activity and shall be removed not later than the first business day after the event. D. Pole Banner Signs 1. Pole Banners: The purpose of a pole banner sign is to provide advertising for a community event. Pole banners may be erected on utility and other designated poles within the public right-of-way subject to the following restrictions: 2. Permit: A permit is required from the building permit office and may only be issued to a non-profit organization for the purpose of advertising a function or event to which the general public is invited in Colleyville. Applications shall be considered on a first-come, first-served basis. 3. Permit Duration: No permit shall be approved for a period exceeding twenty- one (21) consecutive days. The pole banners shall be removed on the first business day after the last day of the event. 4. Commercial Message: A pole banner may only advertise the name, date, phone number and website of the community event. Any commercial message of a sponsor is limited to twenty-five percent (25%) of the sign area. 5. Maximum area and height: Thirty-five (35) square feet in area per pole and thirty-five feet (35') from the ground, provided the banner maintains a minimum of ten feet (10') of clearance between the bottom of the pole banner and the ground. 7. Location: Pole banners may be installed only on poles identified by the City that include the appropriate hardware for such installation. E. Permit – Other than events sponsored by the City of Colleyville or non-profit, community based organization listed on the City’s website, a temporary sign permit shall be obtained prior to the placement of any signs allowed by this section. Section 7-210 Special Advertising Provisions A. Grand Openings – The purpose of the grand opening signage provision is to allow the enforcement administrative official to issue a permit to a new business, or to a business that has substantially remodeled, as defined herein, for the purpose of obtaining special advertisement signage for a temporary period. The following regulations apply to grand opening signage permits: 1. Eligibility: Upon issuance of a certificate of occupancy and within one year thereafter, a business shall be allowed to receive a grand opening sign permit when one of the following conditions applies: a. When a certificate of occupancy has been issued to the new business, or b. When a certificate of occupancy has been issued to an existing business, which has substantially remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll. Commented [BB16]: Added by the P&Z Commission Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 24 2. Allowable Signs: Signs may include a combination of pennants, tethered or inflatable balloons, and one (1) temporary business sign. The height and area of such signs shall be limited to the applicable regulations for the sign classification. A temporary business sign may be placed off-premises with the permission of the property owner during the period of the grand opening sign permit. The permit holder shall be the responsible party for compliance with the grand opening sign permit regulations. 3. Permit: A permit shall be required for a business to utilize the grand opening signage provisions. No permit fee shall be required for a grand opening sign permit. The use of a grand opening sign permit shall have no affect on the number of subsequent temporary sign permits that may be authorized for a business occupancy. 4. Duration: A grand opening sign permit shall be valid for a period not to exceed sixty thirty (6030) consecutive calendar days Exception: A permit for a search light shall be a separate permit and not be granted any rights authorized under the grand opening provisions of this Section. B. Search Lights – A search light may be used as a sign in any non-residential zoning district. A search light shall be located a minimum of 50 feet from any public right-of-way and positioned so that all beams of light emitted have a minimum angle of 30 degrees from grade level. A search light may not generate light of an intensity in excess of 1,600 million foot candle power. No more than four beams of light may be projected from any premises. All search lights must be designed and maintained so as to prevent any light from being directed at any portion of a street or adjoining property. No light emitted shall be of such intensity to cause impairment of the vision of the driver of any vehicle upon a public right-of-way or private roadway. No search light may be operated between the hours of 11:00 P.M., and 7:00 A.M. 1. Permit: A permit shall be required to place a search light at a business location. 2. Duration: Permits for search lights shall be limited to periods of seven (7) consecutive days and permits shall be limited to one per premises for each 6 month period. C. Major Shopping Center Overlay Zone – The purpose of a major shopping center overlay zone is to reduce the overall number of signs situated along a public street by providing shared advertising privileges within a major development and by providing off-premises advertising alternatives for businesses located on lots which do not have frontage along a major public transportation thoroughfare. Developments which satisfy the criteria contained in this Section shall qualify for the sign provisions contained in this Section. 1. General Qualification Criteria: A commercial development which has a single or multi-occupancy building containing a minimum of one hundred thousand (100,000) square feet of floor area and situated on a single platted lot or on two or more contiguous platted lots shall qualify as a major shopping center. In addition to those lots which satisfy the general qualification criteria described in this paragraph, any adjacent or non-adjacent lots platted within the development that are platted under the same subdivision name shall also be eligible for the sign provisions contained in this Section. 2. Shared and Off-Premises Signage Privileges: A lot located within the limits of a major shopping center overlay zone may contain a sign that advertises a single or multi-tenant business occupancy located on another lot within the same major shopping center overlay zone, provided that the sign structure complies with the regulations applicable to the classification of sign constructed. 3. Major Shopping Center Entry-Wall Signs and Plaques: The purpose of a major shopping center entry-wall sign and plaque is to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. Two sign structures shall be allowed per vehicular entrance and may be illuminated. The maximum height of the entry-wall structure shall not exceed five (5) feet. The maximum area of a sign plaque Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 25 shall not exceed twelve (12) square feet. There shall be a minimum of three (3) feet spacing between sign plaques. 4. Permit: A permit shall be required for a Freeway Pole sign upon the review and approval of the City Council. 45. Permit: A permit shall be required for a major shopping center entry-wall sign. Section 7-215 Prohibited Signs 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. Portable signs shall include windsail style signs, flags, pennants, etc., with or without lettering. 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 business sign allowed by these regulations in this chapter may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Roof Sign – Signs mounted on roofs or above a parapet are not permitted. E. 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. F. 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. G. 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: 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. H. 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. I. 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. J. 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 Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 26 colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. K. 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. Section 7-220 Sign Maintenance No person shall allow a sign located on a premises owned by him, or which he has control of, to display or contain any of the following defects or conditions: A. where the elements of the surface or background can be seen as viewed from the intended viewing distance to have portions of the finished material flaked, broken off, missing or otherwise not in harmony or consistency with the rest of the surface; or B. where the structural supports or frame members are visibly bent, broken, dented, deteriorated or torn; or C. where a panel is visibly cracked or in the case of wood and other similar products, splintered in such a way as to constitute unsightly or harmful conditions-, or D. the sign, or its elements are twisted leaning or at angles other than those at which it was originally erected; or E. where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or F. where the sign or its elements are not in compliance with the requirements of any building, electrical, sign or other type of code construction standards adopted by the City of Colleyville. Section 7-225 Enforcement A. Authority - The enforcement administrative official is hereby authorized and directed to enforce all the provisions of this Chapter. B. Right of Entry - Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, the enforcement administrative official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement administrative official by this Chapter, provided that if such building or premises is occupied, he shall first present proper credentials and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to located the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the enforcement administrative official or his authorized representative shall have recourse to every remedy provided by law to secure entry. C. Removal of Certain Signs Upon Notice – When a sign is constructed or erected in violation of these regulations, the property owner and/or tenant shall be given notice to remove said sign or alter said sign so as to comply with the regulations contained in this Chapter. Notice shall require compliance with these regulations within not more than ten (10) days from the date notice is served. Notice may be hand delivered or deposited in the United States mail, addressed to the property owner at the address shown on the most current tax roll of the City, or the tenant as shown on the utility billing records of the City. If the owner cannot be found, or if the notice is refused, or if the notice is returned by the United States Postal Service, then the owner may be notified by posting notice on or near the front door of each building on the premises where the violation exists at least ten (10) days prior to further action or by posting notice on a placard attached to a stake driven into the ground on the premises where the violation exists at least ten (10) days prior to further action. EXCEPTION: Illegal Temporary Signs – The enforcement administrative official is hereby authorized to remove without notice any illegal temporary signs placed on public property or within a right-of-away. Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 27 Such signs shall be impounded and may be destroyed by the City. D. Dilapidated or Deteriorated Signs – Upon determination by the enforcement administrative official that a sign is in a dilapidated or deteriorated condition or declared unsafe, dangerous or poses a threat to the safety of the general public, the enforcement administrative official shall give notice of said determination to the owner of the property on which the sign is erected. Said notice shall specify a time period of not more than ten (10) days in which said dilapidated or deteriorated condition must be corrected. 1. Failure by the owner of the property to correct the dilapidated or deteriorated sign or remove the same within the time provided in the notice shall constitute a violation of this Chapter. 2. When a property owner, agent, or tenant fails to abate a sign declared to be unsafe and dangerous within the time period allowed, the enforcement administrative official is hereby authorized to contract for such work to abate the unsafe or dangerous condition and charge the property owner for the costs of such abatement. If the actual charges to the City are not paid within thirty (30) days, the City shall file a lien against the property. 3. A sign which has been substantially destroyed or dismantled for any purpose other than maintenance operations or for changing letters, symbols or other matters on the sign. The sign shall be deemed to be substantially destroyed or dismantled if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Section 7-230 Nonconforming Signs A sign which does not conform to the regulations prescribed in this Chapter and existed lawfully on the date of adoption of this Chapter, or amendment hereto, shall be declared a nonconforming sign and may exist in its present form. A nonconforming sign may be maintained, but shall not be altered, or moved unless a permit be issued pursuant to the provisions of this Chapter. The right to continue a nonconforming sign shall cease and such shall be removed whenever: A. A sign is altered, moved or relocated without a permit pursuant to the provisions of this Chapter. Exception: A sign face of a nonconforming sign may be replaced, provided no alterations to the sign structure are made. B. A sign is destroyed and the cost to repair exceeds 60% of the replacement cost on the date of the damage. C. A sign leans such that an angle between the sign and the ground is 75 degrees or less. Section 7-235 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-02-1321 01/15/2002 Community Special Event Signs O-02-1353 08/07/2002 Grand Opening Signs O-03-1428 11/18/2003 Revision of entire chapter O-04-1456 04/06/2004 Political sign revisions O-08-1657 02/05/2008 Landmark Signs O-08-1684 07/01/2008 Prohibited Signs O-08-1685 07/01/2008 Weekend Builder/Real Estate Open House Signs revisions O-09-1719 06/02/2009 Electronic Sign Regulations revisions O-10-1742 02/16/2010 Temporary Sign Revisions O-14-1932 10/06/2014 Political Sign Revisions Colleyville, Texas, Land Development Code Chapter 7 – Sign Regulations Page 7 - 28