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HomeMy WebLinkAboutOrdinances (O-26-2376)-09/01/2026ORDINANCE 0-26-2376 AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.15 WAIVERS AND APPEALS - SIGN BOARD OF APPEALS, SECTION 1.17.A DEFINITIONS, SECTION 1.18.B AMENDING A ZONING REGULATION OR THE OFFICIAL ZONING MAP, AND SECTION 1.18.113 AMENDING ALL OTHER REGULATIONS, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code;and WHEREAS, the City of Colleyville desires to amend Chapter 1, Section 1.15 Waivers and Appeals - Sign Board of Appeals, Section 1.17.A Definitions, Section 1.18.B Amending a Zoning Regulation or the Official Zoning Map, and Section 1.18.D Amending All Other Regulations of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 1.15 Waivers and Appeals - Sign Board of Appeals, Section 1.17.A Definitions, Section 1.18.E Amending a Zoning Regulation or the Official Zoning Map, and Section 1.18.D Amending All Other Regulations of the Land Development Code are hereby amended and replaced in its entirety as attached. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-26-2376 Page 2 of 2 Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 18th day of August 2026. The second reading and public hearing being conducted on the 1st day of September 2026. APPROVED BY A VOTE OF 6 AYES AND 0 NAYS ON THIS THE 1ST DAY OF SEPTEMBER 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tern Scotty Richardson Aye Tim Raine, Place 6 Absent Kimberly Holt Gunderson, Place 5 Aye ATTEST: C, / vux' Christine Loven, TRMC City Secretary =Wyatt FORM: City Attorney 4TY LLEYIILLE jw wtoo B 15 damood Mayor Section 1.15 Waivers and Appeals – Sign Board of Appeals B. Authority of the Sign Board of Appeals – The Sign Board of Appeals shall have the authority to hear and decide on requests for a variance from the requirements contained in Chapter 7 – Sign Regulations of this Land Development Code. The Sign Board of Appeals shall also have the authority to hear and decide an appeal of an administrative decision on a regulation contained in Chapter 7 – Sign Regulations of this Land Development Code. In all cases, the Sign Board of Appeals shall serve as a recommending body with final variance or appeal approval authority exclusively under the purview of the City Council. The authority established under this paragraph shall be applicable to a definition contained in Chapter 2 – Definitions of this Land Development Code required for the administration and enforcement of the provisions of Chapter 7 – Sign Regulations. C. Report of the Sign Board of Appeals – After a public hearing, the Sign Board of Appeals shall vote on the proposal and report its recommendation to the City Council. The proposal, as recommended by the Board, shall be placed on the next available City Council agenda, provided proper notice has been given. 1. Amended Proposals: The Sign Board of Appeals may consider a request from the applicant to amend the proposal without additional notification of adjacent property owners, provided that the amended request is determined by the Board as being more restrictive than the initial request and the boundary or content of the amended request is not expanded. 2. Notice of Appeal: Denial of the proposal by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission. The Administrative Official shall re-notify all property owners lying within five hundred (500) feet of the property and all Homeowners’ Associations (HOA’s) lying within one thousand (1,000) feet of the property being considered and place the applicant’s variance request on the next available agenda for consideration by the City Council. D. Quorum and Organization – Four members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the Chairman and Vice-Chairman, the four members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the Chairman. E. Meetings, Hearings and Rules of Procedures/Bylaws – The Board shall adopt rules of procedure/Bylaws for the conduct of its meetings. Meetings shall be held at the call of the Chairman or at such times as the Board may determine. All meetings and hearings shall be open to the public and shall be conducted in accordance with the procedure set forth in the rules of procedure/Bylaws adopted by the Sign Board of Appeals. Such rules of procedure/Bylaws may be amended by the Sign Board of Appeals membership with approval of the City Council. The minutes of the meetings shall be recorded, showing the vote of each member upon the question, and shall be made a matter of public record. The concurring vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sign Board of Appeals shall meet monthly, provided there has been an appeal, request, or reconsideration for a variance filed with the Administrative Official on or before the last date to receive applications prior to the scheduled meeting date. The Administrative Official shall publish a calendar establishing such final application dates. F. Variance – A person may request a variance from a requirement contained in Chapter 7 – Sign Regulations by filing said request with the Administrative Official. A request for a variance shall be accompanied by a non-refundable filing fee. The filing fee shall be established by separate ordinance by the City Council. A request for variance shall be referred for consideration to the Sign Board of Appeals. In considering a request for a variance, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. G. Fees – No action shall be taken on any application submitted to the Sign Board of Appeals until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Board. H. Public Hearing and Written Notification – No action to approve or deny any application shall be taken until the Board has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within five hundred (500) feet of the property and all Homeowners’ Associations (HOA’s) lying within one thousand (1,000) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. I. Appeal to City Council – A decision of denial by the Sign Board of Appeals may be appealed to City Council shall be final provided the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within five hundred (500) feet of the property and all Homeowners’ Associations (HOA’s) lying within one thousand (1,000) feet of the property being considered and place the applicant’s appeal request on the next available agenda for consideration by the City Council. Section 1.17 Definitions 1.17.A DEFINITIONS The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: “Proposed comprehensive zoning change” means a municipal proposal to: a. Change an existing zoning regulation in a way that: i. Allows more residential development than before; and ii. Applies uniformly to each parcel in one or more zoning districts. b. Adopt a Land Development Code amendment or zoning map that applies citywide; or c. Adopt a zoning overlay district that: i. Allows more residential development; and ii. Applies along a major roadway, highway, or transit corridor. Section 1.18 Amending the Land Development Code 1.18.B AMENDING A ZONING REGULATION OR THE OFFICIAL ZONING MAP 4. Commission Public Hearing and Written Notification c. Proposed Comprehensive Zoning Changes: i. The notice set forth in Land Development Code Section 1.18.B(4)(a) is also required to be posted on the City’s website at least fifteen (15) days before the public hearing; and ii. Notice must be provided directly to property owners and occupants if the proposed change would cause a current conforming use to become nonconforming. 5. Sign Posting - The Administrative Official is directed to cause a sign (at least 2 feet by 4 feet) to be placed upon the property, or in a public right-of-way if the City initiated a zoning change, clearly visible to passersby, which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least ten (10) days prior to the hearing and shall remain posted until the hearing. Failure to perform this particular notice provision shall, however, in no way prevent the Planning and Zoning Commission from hearing the application and disposing of the issues involved on the hearing date. 6. Report of Commission - After a public hearing, the Planning and Zoning Commission shall vote on the proposal and report its recommendation to the City Council. The proposal. as recommended by the Commission, shall be place on the next available City Council agenda, provided proper notice has been given. 7. City Council Public Hearing and Newspaper Notice - A zoning regulation or a zoning district boundary may be amended by the City Council upon adoption of an ordinance, but no amendment shall be made without public hearing before the City Council. No less than fifteen (15) days’ notice of the time, place and nature of such hearing shall be published in publication having general circulation in the City of Colleyville. No amendment to a regulation or to a district boundary shall be considered by the City Council until a report of the proposed amendment has been made by the Planning and Zoning Commission. Unless denied by the Planning and Zoning Commission, every rezoning request receiving final approval of the Commission shall be forwarded to the City Council for consideration, unless the applicant has requested the proposal be withdrawn. The City Council may refer any amended rezoning request back to the Planning and Zoning Commission for further study and recommendation. For Proposed Comprehensive Zoning Changes: a. The notice set forth in Land Development Code Section 1.18.B(4)(a) is also required to be posted on the City’s website at least fifteen (15) days before the public hearing before the City Council. 8. Special City Council Voting Requirements - No change of which the Planning and Zoning Commission has recommended denial or in case of a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three- fourths (3/4) of all members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. To file a valid protest for zoning changes that are not considered a proposed comprehensive zoning change, property owners must submit a written petition signed by: a. Owners of at least 20% of the area within the proposed zoning change boundary; or b. Owners of at least 20% of the area immediately adjacent to and extending 200 feet from the proposed zoning change boundary; or c. Owners of at least 60% of the area immediately adjacent to and extending 200 feet from the proposed zoning change boundary: i. Allows more residential development; and ii. Does not allow additional commercial or industrial uses, unless the additional use is limited to the first floor of a residential development and does not exceed 35% of the development's total area. If a valid protest is filed pursuant to Land Development Code Section 1.18.B(8)(c), only a simple majority vote of the City Council is needed to approve the proposed change. 1.18.D AMENDING ALL OTHER REGULATIONS A regulation contained in any of the other Chapters of this Land Development Code that have not been previously mentioned may be amended upon adoption of an ordinance approved by the City Council after public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the city not less than fifteen (15) days prior to the hearing. The City Council may request the recommendation of the Planning and Zoning Commission on any proposed amendment. Amendments shall be additionally subject to the standard rules, regulations and procedural requirements established in Chapter 51 – Local Government Code and Article VI of the Charter of the City of Colleyville. For Proposed Comprehensive Zoning Changes: a. The notice set forth in Land Development Code Section 1.18.B(4)(a) is also required to be posted on the City’s website at least fifteen (15) days before the public hearing; and b. Notice must be provided directly to property owners and occupants if the proposed change would cause a current conforming use to become nonconforming.