HomeMy WebLinkAboutCC 1998-09-28 Agendas
CITY OF NORTH RICHLAND HILLS
, PRE-CQUNCIL AGENDA
SEPTEMBER'28, 1998 - 6:15 P.M.
. .' '
FodheMèáting conducted at the North Richland HillS City Hall Pre-Council Chambers, 7301
NortheastLoop .820.
-
-
- 'I NuMBER' ITEM ACTION TAKEN
.- "
1. ,Di$cu$~ Items from Regular September 28
, Agenda (5 Minutes)
.. '. .....
2;· JR~S~188, , , Town Center Tour Options (5 Minutes)
,
.
,
3. 'IR'98'-191 .. Discussion of Board/Commission Reception
, (10 Minutes)
"
-
4.' IR 98-189' , . Rate Proposals for Iron Horse Golf Course
(10 Minutes)
, ' , '
5. tR 98~t90 Proposed Marcus Cable Transfer to Vulcan Cable
(5 Minutes)
,
- , '
6. IR 98...192 Year 2000 Progress Report
(15 Minutes)
7. Other Informational Items (5 Minutes)
: ~ ..... ""
8. ,,*Executive Session (10 Minutes) - The Council
may enter into closed executive session to
discus,s the following:
Personnel Matters Under Government POSTED
4-&s.qy
I Code §551.074 City Manager
..
. lJOlt"
9. Adjournment -7:20 p.m. L.¡: 0 5 n. fYL,
Time --
,
:',*Ctos, ed due to subject matter as provided by the Open Meetings L~h.À' ~ffiið'ffrršðrY
contemplated, it will be taken in open session'. ,RJ.:::L:~tl'n.-
. ' - -..~-~"'--~..,,-~ -. ...,,~-~-
.'
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 28,1998 -7:30 P.M.
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 581-5502 two working days prior to the meeting so that
appropriate arrangements can be made.
.
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation -
Holiday Heights Elementary
Donna Solley, Principal
3. Pledge of Allegiance -
Holiday Heights Elementary
Donna Solley, Principal
4. Special Presentations
a. Jon Hallford - Eagle Scout
Certificate of Recognition
b. Yard of the Month Awards
c. Landscape of the Month Award
.
·
I NUMBER I ITEM I ACTION TAKEN I
5. Removal of Item(s) from the Consent
Agenda
6. Approva/ of Consent Agenda /tem(s)
a. Minutes of the Work Session
June 29, 1998
b. Minutes of the Pre-Council Meeting
September 14, 1998
c. Minutes of the City Council Meeting
September 14, 1998
GN 98-115 d. Interlocal Agreement with City of
Watauga for Purchase of Fuel from
North Richland Hills - Resolution
No. 98-47
PU 98-56 e. Award Bid for Annual Contract to
Provide Traffic Supply Materials
PU 98-57 f. Award Bid for Annual T-Shirt
Supply Contract
PW 98-17 g. Award of Bid to Walt Williams
Construction, Inc. in the Amount of
$148,703.40 for Rumfield Road,
Phase II Miscellaneous Paving
Improvements
PW 98-18 h. Approve City-Developer Agreement
for CIP Water & Sewer System
Improvements with Sandlin-Barfield
Joint Venture for the Thornbridge
Estates V Addition - Resolution No.
98-49
PW 98-19 I. Approve City-Developer Agreement
for CIP Water & Sewer System
Improvements with J.B. & J.B.
Development Family Limited
Partnership for the Thornbridge
East Addition - Resolution No. 98-
48
Page 2
'.
-
-
Page 3
.
I NUMBER I ITEM I ACTION TAKEN I
6. (con't) Consent Agenda Items (Continued)
PAY 98-07 j. Approve Final Payment Estimate
NO.3 in the Amount of $35,548.83
to Wright Construction Company for
Rumfield Road, Phase II Utility
Adjustments
7. PZ 98-31 Public Hearing to Consider the Request of
Tommy Kline for a Zoning Change from
R6T-Townhomes to PD-Planned
Development for Single Family Homes on
Blocks 31,32 and 33, Holiday North
Addition. (Located in the 5500 Block of
Holiday Lane) - Ordinance No. 2335
8. PZ 98-38 Public Hearing to Consider the Request of
Danny Mobley for a Special Use Permit to
Allow an Automobile Lubrication Center on
Lot 4R, Block 1, North Edgley Addition
(Located at 4235 Road to the Mall) -
Ordinance No. 2337
9. PZ 98-39 Public Hearing to Consider the Request of
Lankford Ewell for a Special Use Permit to
Allow an Automobile Lubrication Center on
Lot 7, Block F, Richland Oaks Addition
(Located at 8208 Grapevine Highway) -
Ordinance No. 2338
10. PZ 98-37 Public Hearing to Consider Removing the
Sign Regulations from the Zoning
Ordinance - Ordinance No. 2336
11. PZ 98-41 Public Hearing to Consider Removing the
Landscaping Regulations from the Zoning
Ordinance - Ordinance No. 2339
12. GN 98-116 Consider Adoption of Sign Regulations as
a Stand Alone Ordinance - Ordinance No.
2341
.
-
NUMBER ITEM ACTION TAKEN
13. GN98-117 Consider Adoption of Landscaping
Regulations as a Stand Alone Ordinance -
Ordinance No. 2340
14. GN 98-119 Approve Alley Abandonment for Richland
Oaks Addition, Block H and Block J -
Ordinance No. 2334
15. GN 98-120 Appointment of Board Delegates to
Reinvestment Zone Number 1
16. GN 98-121 Authorizing Eminent Domain on Douglas
Lane Widening Project - Bursey Road to
Starnes Road - Resolution No. 98-50
17. (a) Citizens Presentation
(b) Information and Reports
18. Adjournment
Page 4
e
POSTED
q·~S.q P
Dab?
~·O.5
Time
--
ª City Secretary
By .;t.b 1~...."'
CITY OF N*RTH RICHLAND HILLS
. Office of the City Secretary
September 25, 1998
ITEM ADDED TO THE SEPTEMBER 28, 1998 PRE-COUNCIL AGENDA
8. *Executive Session - The Council may enter into closed executive session
to discuss the following:
b. Land Acquisition under Government Code §551.052 - Snow Heights
Addition
.
*Closed due to subject matter as provided by the Open Meetings Law. If any
action is contemplated, it will be taken in open session.
@dmtML fý¡~
City Secretary
POSTED
Q-J5·Qj'
Date
4:05 j).m.
, Time
It Secr<tMY
ByfiJ! ~IY-
e
P,Q. Box 820609 * North Richland Hills, Texas * 76182-0609 USA
7301 Northeast Loop 820 * 817-581-5502 * FAX 817-581-5516
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR # 98-188
-
~ Date:
T Subject:
September 23, 1998
Town Center Tour Options
At the September 14 City Council meeting, several members of the City Council
expressed an interest in possibly visiting Town Center projects in other cities to get a
first-hand look at some ideas that have been successful.
Staff has prepared several options:
1.) A comprehensive packet of information is being compiled by staff, which includes
photographs, video tours, web site information and printed materials on numerous
Town Center projects, not only in the area, but also throughout the nation. Some of
the examples include projects designed by Andres Duany with the world-renowned
architect who is the project manager for the North Richland Hills project.
e
The City has engaged Richard Ferrara Architects, Inc., (RFA) to assist the staff in a
comprehensive evaluation and the development of the zoning, subdivision and
architectural standards that will govern the Town Center Project. RFA has visited
various new urban projects and collected a portfolio of slides. RFA can provide an
orientation of the proposed development standards by taking us on an audio-visual
presentation tour. It may be of benefit to all to schedule a joint worksession with
Council and Planning & Zoning for such a presentation.
2.) A tour of area projects that are similar in nature to the North Richland Hills Town
Center project could be arranged. This would include projects such as those in
Highland Park, University Park, Addison, Las Colinas and the Downtown Dallas
redevelopment areas.
3.) A visit to Orlando, Florida could be arranged for representatives of the City Council,
Planning and Zoning Commission and key staff members to see Celebration, the
town Disney created, Church Street in Orlando, Downtown Disney and the
Boardwalk in Orlando. If this option is desired, Bill Gietema with Arcadia Realty
Corporation indicates his willingness to accompany the group as a guide and
provide an itinerary that would cover a day and a half.
Staff is requesting City Council direction regarding these options and possible tours.
.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e
.
,~-.
,',>'{....~......y....:..
M"'-:-~.'{:~
~.;.:....,....,~:"'.-
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 98-191
o.
~ Date:
T Subject:
September 28, 1998
Board/Commission Reception
Each year the City Council hosts a reception for the City's Boards and Commissions. For
several years this event was held at the Iron Horse Golf Course. Last year we went to the Texas
Star Conference Centre in Euless as we outgrew Iron Horse. This year we have checked to see
what other facilities might be able to accommodate our group, which consists of 141 board
members and 22 City Staff plus spouses/guests for a possible total of 326 individuals. This year
we also have to take into consideration the Ad Hoc Committees which would make our group
426 people. The Council needs to decide whether to include the ad hoc committee members
and their spouses or to wait and recognize them later. Other available facilities in our city are:
1) the Dan Echols Senior Center which will only seat 70 individuals in the large room; 2) the
North Hills Mall - only available space is the vacant movie theater 3) Richland Pointe Mall.
Richland Pointe Mall has several spaces and is willing to work with us. If Council is interested,
we will need to look at their available spaces, determine if they will accomodate our group and
check to see if electricity is turned on in the space. Other location options are:
Facility Room Cost Food Cost Capacity Availability
" Dates
Texas Star $350 1-2 hours $17.95 per 180 people 10/22, 11/2,
Conference $125 hour first person 11/5
Centre - Euless hour after the
first two hours
Diamond Oaks $400 (Regular $15 to $18 per 280-300 people 11/12 '
Country Club room charge person plus
Haltom City $800) gratuity
Holiday Inn $900 200 people 11/5, 11/6
Bedford Deposit of $200
Marriott Fossil No evening
Creek functions
Holiday Inn No Room $12 to $25 per 600 people *10/27
Meacham Blvd Charge person
*Reminder - TML starts on October 28.
A gift from the City Council is also given to each of the board members at this reception. In the
past we have given items such as golf shirts, travel clocks, flashlights, windbreakers,
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e
e
-
"
Page 2
sweatshirts, and umbrellas. A member of the Council has requested that the gift this year be
a gift certificate for the North Richland Hills History Book. There has also not been any type of
entertainment or a formal program the past few years. Council direction is requested on 1)
Council's preference on the location, 2) the gift the Council would like to give this year and 3)
whether or not to have a formal program or some type of entertainment. A date for the function
also needs to be decided upon.
This will be discussed further with you at the Pre-Council meeting Monday evening. If you have
any questions prior to the meeting, please call.
Respectfully submitted,
ØMit/å, IŸ~
Patricia Hutson
City Secretary
'"
e
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 98-189
o.
~ Date:
T Subject:
September 28, 1998
Rate Proposals for Iron Horse Golf Course
At the direction of the Mayor and Council, City staff has been working with
management at Eagle Alliance (EAGL) to evaluate possible options for discount
rates for senior citizens at Iron Horse Golf Course. Mr. Jay Clements has met
with the residents who addressed the City Council on this matter several months
ago. Based on their stated interest and working with staff, EAGL has reviewed
the rate structure presently in place.
The current rates were established based on comparisons of rates with other
area public and private courses that are considered comparable with Iron Horse
and based on the approach that Iron Horse is managed as a business rather
than a tax subsidized public attraction. One item of interest is that the number of
rounds and percentage of rounds played by seniors has remained constant since
the senior rates were increased earlier this year, implying that the increase has
not negatively impacted the senior players as a whole.
e
If the Council wishes to consider recommending any special pricing for seniors,
City staff and EAGL management have developed two scenarios for
consideration. In considering any possible changes, we have tried to be fair and
equitable to all customers, while continuing to maintain the integrity and current
success of Iron Horse. Attached is a brief summary of the options that City staff
and EAGL management feels would accomplish a reduced rate for seniors
without creating a negative impact on the course.
EAGL management and City staff recommend that if the City Council desires to
offer a reduced rate for senior play that "Option Two" be adopted. We feel that
this option would offer the greatest value to the seniors with the least potential
imþact to the Iron Horse operation. Either option would have no significant
impact on the operating budget for the facility.
We will be glad to discuss these options in greater detail or address any other
questions you have on this matter.
Respectfully,
£e~
Randy Shiflet
Deputy City Manager
-
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e
e
e
-
IRON HORSE SENIOR RATE PROPOSALS
OPTION ONE
A Yearly Senior Pass with the following conditions:
Purchase price of $400.00,
Valid Monday through Thursday only, no holidays;
Optional Cart Fee of $11.00;
Tee times may be made no sooner than 24 hours in advance;
Purchaser must be a resident of North Richland Hills or Haltom City.
This yearly pass YJOuld permit Resident Seniors to play two rounds per
month annually, weather permitting. This equates to $16.66 green fee per
game.
OPTION TWO
A 10% Overall Reduction in the Existing Resident Senior rates.
Effective Monday through Thursday, excluding holidays;
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
NdR 98 - 190
~ Date:
T Subject:
September 28,1998
e
Proposed Marcus Cable Transfer to Vulcan Cable
On December 14,1992 the City Council approved a 15 year franchise agreement (to
expire on December 14, 2007) with Sammons Communications to provide cable
television service in North Richland Hills. On August 28,1995, the City Council
approved the transfer of this franchise agreement to Marcus Cable. This agreement
transferred the original franchise agreement to Marcus Cable and set enhanced
customer service standards. The term remained at 2007.
On April 6, 1998 Paul Allen, co-founder of Microsoft and owner of Vulcan Cable,
purchased most of Marcus Cable. Vulcan Cable is proposing to assume control of
Marcus Cable, however local cable system management will not change; local
managers and personnel will remain in place.
e
On September 10,1998, Marcus Cable sent to the City of North Richland Hills a FCC
Form 394 requesting that the City transfer the franchise agreement to Vulcan Cable.
The cable franchise requires that Marcus obtain a transfer agreement before
ownership can be transferred. Staff is working with many other area cities served by
Marcus Cable, including Fort Worth, Hurst, Southlake, Watauga, Benbrook, and
many others, to evaluate the transfer request.
A consortium consisting of cities in the Marcus System is proposing to contract for
services with Vamum, Riddering, Schmidt, and Howlett, L.L.P., a law firm
specializing in Cable Television, to assist cities in evaluating the company and tQ be
sure legal compliance is achieved, with all FCC requirements. The estimated cost for
our share of these services is $7,100.92. This is only an estimate and is based upon
the costs associated with the previous transfer agreement. Typically, the Cable
companies agree to bear these costs as part of the transfer agreement and we
expect the new company will agree to reimburse us for expenses related to
reviewing the transfer request. This is the same firm that represented the consortium
in the previous transfer agreement.
It is also important to evaluate the financial capabilities of the new company, and this
will be done as well.
The City must take action within 120 days of the transfer request. Due to an error on
the part of Marcus Cable, we received our notification after the rest of the cities in
the consortium, and therefore will have a few additional days to act. This means we
must act on this transfer by January 8,1999.
e
1
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e
e
e
-
IR 98 - 190
While this transfer to Vulcan does not allow us to renegotiate the franchise
agreement, it does give the City an opportunity to address such concerns as
customer service standards, resolution of any existing problems or disputes, and the
impact of the transfer on rates. To quote John Pestle of Varnum, Riddering, "In
general, the guiding principle in a franchise transfer is to make sure that if the
transfer is approved that a community and its residents are no worse off (and
hopefully better off) than if they had continued with the existing operator." In addition,
the consortium will investigate the financial stability and integrity of Vulcan Cable to
assess their ability to perform in regards to the requirements of the franchise
agreement.
It is staff's suggestion that North Richland Hills become part of the consortium and to
place emphasis in a transfer agreement upon customer service and timely
responsiveness.
Respectfully Submitted,
2
"Marcus Cable®
-
e
September 10, 1998
City of North Richland Hills
Larry Cunningham, City Manager
7301 NE Loop 820
North Richland Hills, TX 75180
Dear Mr. Cunningham:
e
As we shared with you on April 6, 1998, Paul G. Allen, co-founder of Microsoft Corporation and
owner of Vulcan Cable, Inc.. recently made a substantial investment through Vulcan Cable in
parent companies of Marcus Cable through the purchase of passive limited partnership interests
and non-voting shares. One of these parent companies is Marcus Cable Company, L.L.C. At that
time, we noted that Paul Allen's investment is a great first step and that we anticipated an
expansion of his interest in the company in the future. To that end, we are pleased to announce
that Vulcan Cable has proposed to assume control of Marcus Cable Company, L.L.C., and, in so
doing, will obtain control of the company that operates the cable system serving your community.
At Marcus Cable, we very much welcome this step and are very excited about the future of the
company. I would like to mention that Jeff Marcus still holds all voting shares of our ultimate
parent company, Marcus Cable Properties, Inc., notwithstanding this proposed change of control
of Marcus Cable Company, L.L.c.
This FCC Fonn 394 Application is designed to provide you detailed background infonnation
regarding this transaction and to facilitate any required review or approval. After reviewing this
fonn, please pass the consent resolution in the Fonn attached hereto as Exhibit A and return it in
the enclosed, postage-paid envelope.
As you know, our cable systems are managed and operated locally, with assistance fTom our
regional and corporate departments. The proposed transaction with Vulcan Cable does not result
in any changes in local cable system management; local managers and personnel will not change
as a result of the transaction. Simply stated, there will be no change in how your cable service is
delivered or who delivers it as a result of this transaction.
Thank you very much for your continuing support of Marcus Cable and our efforts in the
community.
Very truly yours,
~1?ßd.\
Steven P. Brockett
Vice President
e
2911 Turtle Creek Boulevard. Suite 1300 · Dallas. Texas 75219 · (214) 521-7898. Fax (214) 526-2154
-
e
JAMES N l1rIlOElUR
WilliAM ~ VAN, HC'F
HILARI'F SNEll
rETER ,\RMSTMl1NC.;
KENT VANA
CARL E VERBEEK
JON F o.owm
JOHN C CAIU.YLE
fX)N,I\WL OHNSO-I '
DANiEl C MOLHOEIC
THC.M5 T. HlH
T1t.tJTHy cumN
DIRK ~US
, TERRY MORAN
THOMAS , MU.DER
THOMAS , BARNES
ROI!EIlT D ~lUGREN
RICHARD A, KAY
LARRY , tlTUY
TO:
FROM:
e
RE:
DATE:
VARNUM, RIDDERING, SCHMIDT &. HOWLETT UP
AIllA.E 1\ IlARNHART
AU:!1RK: A SYTSMA
lAC]( () SAGE
IEFI'IIEY L SOfAn
TliOMAS(j ÆMIJN;
()HN 11/ f'E.<m.E
ROBERT r a:JOPEJI
FRAN~ G. IJlJNTEN
NYAL D DEEMS
RJŒARD A, ~EII
RANDAll ow, ICRAIŒII
PETER A, 5MIT
MARK C HANISQi
MARILYN A, LANlCÆIl
'rna-tAS L LOOCHART
ROBERT L DIAMOND
BRUCE G. HL.ÐSON
BRUCE GO()()MAN
~PH I, VOGAN
ATTORNEYS AT LAW
IIRll1(iE'tIATER PlAl.'E
POST OFf1l.'E!'IOX IH ' liRANO RAPlOS. MICHIGAN 4flOI.onz
THENiONE hl6/116-6O( () , FAX 616/))6-7000
ERk: I SCHNElŒWIND
TER£.."-' S IJE(](ER
EFFREl R HUlõHES
Rk 1iARn 11/ 8UTlER, 1M
LA'&1IfNCE P IlU\NS
MATTHEW D, ZIMMERMAN
'&'ILlIAM E, ROHN
JOHN PAT1UOC '&'MITE
OIAIU.ES Ilol I1EHTON
PAUl Ilol KARA
EfFIlE)' D SMITH
MARK L, COI.UMS
JONATHAN W, ANDERSC»/
CARL 00STëIIHŒN
'&'ILlIAM LAWRENCE 111
SUSAN Ilol, 'lVYNGAARœN
KAPUN 5, ONES
STtPHEN P AÆNDOlJIJS
OAVlD E KHOR£Y
MK 1iAEU; ownJtDRIDGE
T1M"11IY I TC.NGA
PERRIN RYNrEIIS
MAR~ ~, ALlAR!)
TIMOTHY E, E.l\GLE
DAV! ) A RIŒM
roNALO P LA'&ILESS
MICHAEl 5 McElWEE
GEOIlGE 8, nAVIS
II\QJlÆUNE 0 SCDTT
N, ST'EVENSl'fol ENN£TTE UI
DAVID E l'RE>íON
)EFFREY ow, IIESWIOC
EliZABETH JO'IA:)5SEL.
JOAN SCHLEEf
SCOTT A HLmNGA
MICHAEl F KElLY
~ATHlE£N P I'OCK11ooIAN
)EFI'IlEY J, FRASD.
MEMORANDUM
Communities Served by MarcµS Cable
Peter Armstrong, 10hn W. Pestle
RICHARD [\ AllES
jAlotES Il. STAruIl
RICHARD R, SYIoIONt'
IERÐlY 5, OIAIoIPT,lN
MAI.AIE£N rumR
AIIDRE'&' J KQIC
PAnlOC A 1oIIlES, /II
EIUC J, Gl.UIN
5TEVIN , MOIWN
KMN AIRAHAIo4 RYNMANIJT
WIOIAB. X, HU:\l\LO:>
11iOMA.S G, ICYROS
AIJ'II£D L SCHUIIKEGf1.. III
PA/o&.A , mER
.....RY C ICNoIÐ4A
ON lot IYL5NA
JOSEPH .. LlVAN
DALE Il. IIIfnEI(j
MAJU:: lot DAVIS
H.I\RVEY ~ONING
LlNOA L, BUNGE
AN11«'INY R, CI1IooØ1N
BEVEIlI.Y HOlAOAy
ERk: <: R.fE11iAW
RICHARD 8 EVANS
PAMELA H, BOU'&'\.&AN
œ.ESTE R, GIll
RICHARD 1\, SAMDAL
ANDRE'&' P PlLlSIIURY
Œ80IIAH I, ONDEIISMA
RANDAU. J, GROÐII:/I'K
IoIAIlC DANDIAN
WZAEnt A )A1oIE5ON
DENA , , MOWN
MAJU:: E ~
CAntLE£N Ilol, UNO
September 22, 1998
Proposed Transfer - Marcus to CharterNulcan
(AuNt.
WIWAM I, HAWI>AY. It
TERRANCE R IlAfllN
PETER VlSSEllMAN
FkEO W '&'UlX1RUFF
Ii RAYMONDANDRE'&'5
DAVID L FI:JIITEOlJS
[) <-
JOHN L WlWNOCI, II.
F '&'ILlJA , HUTOiINSON
R ST\JAIIT HOFFIUS
EtJŒIIE ALXEMA
GC».OON 8, IOOWl
H, EDWAIItI PAUl
Thank you for expressing an interest in retaining us (together with other area communities) to assist
on the proposed transfer of your cable television franchise from Marcus to Vulcan Cable/Charter. The City
of Fort Worth has contacted us in this regard. Working with Fort Worth we have prepared a package
consisting of:
· Descriptive letter
· Sheets indicating information we need from you
· General memo on ftanchise transfers
· Engagement letter
This package is being sent to you today by overnight delivery. We are doing this because the time
to act on the transfer is significantly shortened because the 120 day deadline for acting on the transfer
appears to expire about December 26. Combining this with municipal approval procedures, year end
holidays and the Thanksgiving holiday leaves little time for action.
Please note that we may be sending you later this week by fax a form of letter to send to Marcus,
Charter and/or Vulcan contending that the Form 394 which they submitted to you in late August or early
September is incomplete.
e
6000.
Should you have any questions please feel fi"ee to contact either Peter Armstrong or me at 616-336-
GRAND RAPIDS' LANSING, KALAMAZOO, GRAND HAVEN· BIRMINGHAM
e
¡AML':"Ii 1\-1" \[i( Ii{
"ILUM.4K \~~-rll\.)f
HILA"" F ~~r.ll
¡'f! EI{ ARM.' rì{l1~;
KESr I VA~^
CAKL E \IER KU~
JON f ["~ITT
It 1<" (' CAKL\U
('C:)NAU'L Jt1HSS,'"
I"'SlEL C M\ llHl 'IH
THOMAS T H\,;F!'
TIM!. >THY J L1.;RTI"
DIRK HI. lf1'I\,;S
J TERAY Mi.1RAN
THI. 'MAS J M\,;'l!1ER
THI. 1MAS , llAR"E.<
Ri.lÆRT 0 ~\';lLGREN
RK;¡MRI' A, KAY
LARRY,I TlTl£Y
M\,;CE A BARNHART
JOHN W, PESTLE
VARNUM, RIDDERINO, SCHMIDT &. HOWLETI u.p
FREI *K~ ^ "in'iMA
l'filLlr ^ ,;HASHt 'If'F. 1M
II.. )tIN'" ALLEN
JAl.1C U SA(~E
JEFFKEY L "':HAO
fHOMAS G I1EMLIN(;
1<111 N \&I I~STLE
R06£RT I' (XU~R
FRANK G OUNTEN, Pt:
NY AL D DEEM.'
RICHARO A HOOIŒR
RANOALL ~ KRAKER
I'£T'ER A SMIT
MARILYN A LANkFER
THOMAS L L()Q(HART
R08ERT L (MMONO
BRUCE G HUŒ.oN
BRUŒGOO~AN
(~EI'H J ~1GAN
ERIC J SCHNElDEWINI'
ATTORNEYS AT LAW
MIPl;EW^TER M.^CE
I'OST OfFICE AOX 1SZ ' GRA~II RArmS.Io4K:HIGAN 49'iOI,On2
TELEI'HO!,;[ 61611111·6000 ' F^X 6161116,7000
LAWRENCE 1 MURPHY
rulE.'A' I1ECUR
JEfJRH R HlA;HES
Rk :HARn W IIl:T1.EK, 18
LAWRENCE P AVR""
MAmlEW n ZIMMERMAN
~IWAM E RI1HN
)<.1HN 1'A1lUCIC WHITE
rnARlf$ M I1EN1\ 1N
!'AUt M KARA
JEFFREY D ~
MARK L aulNS
ONATHAN .. ANŒA..;c:)N
CARl OJSTIAHQL&, PC
WIWAM J LAWAINΠIU
SlhAN M WYNC'oAAROEN
KAPUN S, )(M.'i PC
STEPHEN P AFÐIDOUI.IS
[lAVID E. KHOAfY
MICHAEL G WC'OI.!1AIDGE
Mr. PeterVaky
Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
e
n~ TfHY I r~ ' (:\i(;A
r~MRIN R~~I'It:.~...
MARÞo: ~ ALL.~!{ )
TlM(lTHY E L"'I :LI:.
I1AVIP.~ RHl\.l
n..'NALP r LAWLE......~
MK:HAEL" M..ElItlEE
IACQI,ÆlINE (1 "'111T
N, 'TEVEN....'N IENNETIE III
I'ETER J UVINGS¡ON
DAVID E PRE.'ITON
¡EmlEY ~ i!E:'WKX
EUZA BETH JOY fO;SEI.
OAN SCHlfEf
SOJTI A HUIZINGA
MICHAEL F KELLY
unllEEN P Fl'OiTMAN
EmlEY J, FRASER
RIDiARD (l flIlE."
JAMES R "1'A(JlfR
September 22, 1998
ROIAR!' R ,"""""...
IEfFERY , CIIAMI"TON
ASI'«EWJ KIIC
I'A 11110( A MlIL<, II
ERIC) GIÆJUN
"TEVEN J Jo4IlIUIEN
KEVIN ABRAHAM aYJo¡BRANIlT
MIOtAEL x HIDALGO
THl.1IoIAS G KYIIOS
ALfRED L 50IUllCEGEL JR,
PAMELA , TYUIt
MARYC IIONND4A
1(1I M BYI.."MA
/C.'&PH B.lEVAN
DAlfRIlIITIBG
MARK 101, DAW;
HARI/EY KONING
UNDA L, BUNŒ
AI'oTHCM' R <r44ŒN
BEVEIlLY H<'tAOAY
EAlt:C A.EETIMM
RIOMRP II EVANS
PAMELA H BU\.."MAN
L'ELE.'TE R GILL
RICHARD A SAMPAL
ASOAEW P PlLL<;8URY
OEAl1RAH I ONOERSMA
LAJIIL'E E ClARK
TIGE r. JOHNSON
STEPHANIE A. SETTERINGTON
ALLYN R, l.EBSTtR
DEAN F IWSNER
Kim Y lOAD
RANDALL) GROENl'YK
ELl2AIIETH A JAMIE.'iON
MARK E. I'OET'T1..EroN
OANIELlE REDM:1NO ,"tlI.EID
MARK E HIlLS
su:AN S, [) (](INSON
~ ~'lIn~"1
\lfILLI^M r II ~lLlI1~Y I~
rERR.~N(:E I{ R~t:t 1N
';El1Rt ~E 1<1 11,,\' ~
PETER """ER:-.tAN
FREP M "" 111AIJF!'
H RAYÞo4t' ~11 "~ORE'\i~
OAVID L r'l1Rnous
'AARK C ....',ALEENAN, JR
It 'tiNE L 'HELlMAN
(VC.1UtW1
F \&IIWAM Hl TCHIN$c.'"
R qUART Homus
EU(,'INE ALKE'AA
(;"'lAD.1N ~ Al~1ZER
H EnwARP P,A\,;1.
DIRECT DIAL 616 I H6,672S
E,MAll jwpestle@vfsh,com
Re: Marcus to CharterNulcan ProJX>sed Cable Tra.n~f«
Dear Peter:
Thank you for contacting us about assisting the City of Fort Worth and a number of other
communities on the proposed cable television transfer from Marcus Cable to CharterNulcan. We
enjoyed working with you and the other communities three years ago on the proposed transfer from
Sammons to Marcus and look forward to working with you again on this matter.
Introduction: I am attempting to keep this letter short as we are proposing the same general
arrangement as was used three years ago and you and many of the communities are familiar with
us from that and other matters. On the other hand, you indicated there are some additional
communities who will participate who did not in 1995. I hope this letter strikes an appropriate
balance.
Briefly, this letter sets forth some of the general matters that may be considered in a transfer
and the timing for same. More specifics on this are set forth in a memo of August 27 (attached)
which we prepared for TCCFUI. Although the memo is more focused on the proposed acquisition
ofTCI by AT&T, it sets forth the general principles and procedures which are applicable to cable
franchise transfers.
e
(:~\·.'\R\:~::!""; 1"...;,,: .\1\1.'\/" '·r:'1'11¡;\.".
e
e
e
VARNUM, RIDDERING, SCHMIDT & HOWLEIT u.r
'\TT\\RSI:YS ..\T 1...\"1/
Mr. Peter Vaky
September 22, 1998
Page 2
We have also included the fonn of engagement letter to sign and return using this same
allocation fonnula (by number of subscribers) as last time. This letter indicates the likely percentage
allocation for each municipality, assuming that all of them who are listed participate.
Finally, we have attached (1) a sheet indicating the infonnation we need fÌ"om each
municipality (logistical information, such as who our contact is, addresses, fax numbers and the
like), (2) a sheet listing the documents we need fÌ"om each community, and (3) a sheet requesting
infonnation on each municipality's procedures for approving a transfer.
Transfers in General: In general, the substantive items that may be considered in a proposed
cable ftanchise transfer tend to be determined by the language of a municipality's cable ftanchise,
cable ordinance or charter. The attached memo lists approximately 12 items that might be
considered in a transfer.
Three years ago some of the types of items that were addressed were customer service
matters, signal quality issues, Marcus agreeing to be bound by the ftanchise, charter and the like ,
(and not contending that any provision of them were unlawful), EEO matters, provision of notice
for providing telecommunications service and reimbursement of communities' expenses.
On this last point, it is our experience that cable companies almost always agree to reimburse
municipalities for their costs incurred in reviewing a proposed transfer (including attorneys ' fees).
However, this is usually disputed until the last minute (as occurred with you in 1995).
In this situation, some of the items that may be of concern are Paul Allen and Charter's lack
of a significant track record in the cable area and assuring that they are familiar with the fŸanchises
and practices of Marcus (to the extent the latter are beneficial to the communities).
Timing and Procedures: Under federal law a community has 120 days to act on a proposed
transfer, dated fÌ"om the receipt ofa complete Fonn 394. We are quite concerned because it appears
that the 120 days in this situation will expire at year end. As a practical matter this significantly
reduces the time available for municipalities to act, particularly because there is some indication that
for tax reasons this transaction may have to be closed by year end such that extensions (such as we
obtained last time) ma.y not be possible.
Note in this regard that one of the items on which we ask information is the date of each
community's last council meeting this year and the length of time it will take a municipality to
approve a transfer, assuming that the municipality and cable companies can agree to terms. We
-
.
VARNUM, RIDDERING, SCHMIDT & HOWLETTllP
^TTnRNr:Y~ AT tAW
e
Mr. Peter Vaky
September 22, 1998
Page 3
need this infonnation to work backwards to know the date by which any agreement must be in place
in order not to violate the 120 day limit. '
Please note that if municipalities do not act by the 120 day deadline they are automatically
deemed to have approved the transfer.
Procedures: As before, we would propose to taJk with you and the other communities briefly
by phone (or if you desire, in person) prior to sending out the first round of data requests. We need
to get this first set of data requests moving quickly so as to start the process given the likely short
time table. Shortly thereafter we will then meet with you and with the cable companies (likely on
the same day as we did before) to try to amve at an agreement on the conditions on which a transfer
will be approved. As before, a key here is both knowing the specifics of the communities and their
ftanchises and what is and is not likely in the realm of the achievable.
e
Throughout this process we obviously work closely with the communities, their city attorneys
and others to achieve the municipalities' goals.
Engagement LetterlLogistics: You indicated that over 15 communities are interested in
working jointly on this transfer. As before this will reduce overall costs while increasing the
effectiveness of the municipalities (by increasing their bargaining power).
As before, we proposed to work on a joint representation basis as follows:
The several communities each individually retain our law firm using a standard fonn of
engagement letter signed by each community (copy attached). Among other things the letter
acknowledges that the community in question is being represented concurrently with other
communities with similar interests and sets for the cost sharing fonnula (by subscribers) on which
you advise us the communities have already agreed.
The letter provides that any community may tenninate our services at any time, although they
remain obligated for payment for services rendered through the end of the month simply due to the
problems in allocating costs partway through a billing period.
e
Costs! Allocation: As described above, in almost all ftanchise transfers the municipalities
costs are reimbursed by the purchaser or seller. Some cable ftanchises expressly require this.
Reimbursement is justified because the municipality is being forced to incur costs due to a
transaction where the seller is realizing hundreds of millions of dollars in profit but the municipality
-
..\rrORNI:YS ^T l,"W
VARNUM, RIDDERING, ScHMIDT & HOWLEIT llI'
e
Mr. Peter Vaky
September 22, 1998
Page 4
is simply reviewing the transaction to make sure that the interests of it and its residents are not
adversely affected.
Although cable companies often at the outset say they will not reimburse a municipality for
its transfer cost (unless the franchise expressly so requires) the reality is that if all other issues have
been resolved the cable companies typically agree to reimbursement as they did with you before.
You asked for an estimate of what the cost might be for our assistance on this matter. We
believe that the best estimate is to simply use the level of costs incurred last time which was
approximately $125,000. This figure does not include any fees chargeable by Connie Cannady
whom you indicated the cities wish to engage separately. Please understand that this is an estimate
and that the costs could either be more or less depending on such factors as the nature of the issues,
the responsiveness of the cable companies, the length of negotiations, timing and other
unpredictable factors.
e
In tenns of allocation, you have provided us with a list of the communities involved and their '
population. The following table repeats this infonnation and shows the allocation of the $125,000
estimate per community allocated on a per subscriber basis.
-, ...'.........-......--...... -- '-, ....... ............ ....
"':"'''..''''''MtJNI'''', "'··'.."·CIP'·'·" "'·:~,:""':,·"""··ft;i:"':"""":"'"
-.-.. -.-.--.-.--. -... ---...-.'.-.
............'.._.....-......,.... '," - .," .. ..' ".- ..... "' - ..........,:......
.. "', "-..-. , - ." ..... -. -.......
.' .,,',', ',", :"",',' ',' " - '" '-, '.,..-........,..,','
'.'.. .... . . .... .
...... ........... ... - '" .. ...... ..........
..'. -.. ..-.... . . . .. ..........
.. -....... - . - ........ -.,.
. . , .... - .... ..". ... .. -., - -.. . . -.... -.
... .... --...-.. -..._-,- -- - ...--....-.......-...,--.....
.. . . -., - . -.......... -........ ... -.. .
. --'-.' ._-. -"', -. '. '. - .... .. ..
....._-.. ...~.-. -......--......-.-.... -.-..-......
..-...._..-.....-...-_...._.__.-:.-...............-:-......:-......:-.....,-........_..-.-_..-.......:-........ .-.....-:._-......,._.;-.-:......;-...:-..-...-:-..,.-:-....:-....-.....--.::-.-..
iiSûBSCîûBí!R8","ld4Ê().GÂ.TÎÖN
.. ".:_:::::::-":::-::'::.':::::;:-:::/:::::;;:-:-:"-:-:...:::.:-:-:':-:......_..._--_..'.....__... ... .;-:.;.:.:.:-:.:-:-:-;.;.:-:.:-:.:.:.:-:..--.-.--.--,',.....,.'.-.'
.. ...
Benbrook 4,415
Blue Mound 337
Burleson 2,937
Carroll ton 5,069
Clebume 4,867
Crowley 1,042
Denton 19,263
Duncanville 6,020
Edgecliff Village 462
e Evennan 670
2.61%
0.20%
1.74%
3.00%
2.88%
0.62%
.....
rt)ØEEAR$Y,'
.-:::':;;:;::\:;:-::;.;:;:;::.;.;:;:;.:-;:::;.;:;.;:;..:;:.;---..,-..-:....'..:.:....
$ 3,261.27
$ 248.93
$ 2,169.50
$ 3,744.36
$ 3,595 15
$ 769.70
1 1.38% $ 14,229.17
3.56% $ 4,446.85
0.27% $ 341.27
0.40% $ 494.9 I
-
e
e
e
VARNUM, RIDDERING, SCHMIDT & HOWLElT Llr
AITIIIINEYS AT I"""
Mr. Peter Vaky
September 22, 1998
Page 5
Forest Hill 1,346 0.80% $ 994.26
Fort Worth 68,960 40.75% $ 50,939.30
Glenn Heights. 930 0.55% $ 686.97
Haltom City 5,193 3.07% $ 3,835.96
Hurst 6,172 3.65% $ 4,559.13
Keller 3,741 2.21% $ 2,763.40
Kennedale 604 0.36% $ 446.16
Lake Worth 923 , 0.55% $ 681.80
Mansfield 2,858 1.69% $ 2,111.14
Midlothian· 1,150 0.68% $ 849.48
N. Rich1and Hills 9,613 5.68% $ 7,100.92
Roanoke· 380 0.22% $ 280.70
Southlake 3,089 1.83% $ 2,281.78
Trophy Club· 880 0.52% $ 650.04
University Park. 4,470 2.64% $ 3,301.90
Watauga 3,313 1.96% $ 2,447.24
Waxahachie· 3,800 2.25% $ 2,806.98
Weatherford 4,393 2.60% $ 3,245.02
White Settlement 2,324 1.37% $ 1,716.69
TOTAL: 169,221 100.00% $ 125,000.00
· Figures estimated, based on subscriber rate of 20% of population
QualificationlPersonnel: Our finn's qualifications in the cable transfer area and a list of
recent transfers are set forth on the August 27, 1998 memo, attached. The personnel who would be
primarily involved are Peter Annstrong and myself. We have both worked extensively on franchise
-
VARNUM, RIDDERING, SCHMIDT & HOWLETTu,r
" T T \) 1\ N E Y S ^ T I." VII
e
Mr. Peter Vaky
September 22, 1998
Page 6
transfers in recent years, have worked with you and other cities in the area on a number of matters
including the 1995 transfer and this past summer on the initial matters related to this transfer.
Briefly, Peter Annstrong is one of our most senior attorneys. He worked extensively with
you on the transfer three years ago and worked on a related transfer this summer and has worked
on franchise transfers for Detroit, Arlington, and PIano, among others. For the past nearly 15 years
he has been continuously involved on behalf of municipalities in cable litigation and related matters
involving franchises, rate regulations, Open Meetings Act, constitutional issues, anti-trust issues,
due process and other matters.
I am a co-chair of our Energy and Telecommunications Practice Group. I am a graduate of
H8IVard College, Yale Graduate School and the University of Michigan Law School. I have over
15 years experience representing municipalities on telecommunications and cable matters. I
received the 1996 "Member of the Year" award from the National Association of
Telecommunications Officers and Advisors (NA TOA) for my work assisting municipalities on the
Federal Telecommunications Act of 1996 and am a fonner Chair of the Municipal Lawyer's Section .
of the State Bar of Michigan.
e
Signing Engagement Lettet: An engagement letter including the terms set forth above is
attached. If each municipality could sign it and return it to us we will then countersign and send a
fully signed copy back to them. To be cautious, under our conflict of interest policies, technically
our representation of a municipality will not begin until we have accepted the engagement letter
which they have sent to us.
Additional Infonnation NeedC(Q: I have attached three forms which we ask each municipality
to promptly send to us. The first indicates who our contact person at the municipality is, phone, fax,
and the like.
The second is a sheet indicates the types of documents we need nom a municipality.
The third provides infonnation on each municipality's last meeting this year and the lead time
needed for approval of a transfer.
Conclusion: We trust this covers the matters we discussed and which are of interest to you
and other communities. We thank you again for contacting us. As always, we are available to work
with municipalities and their existing counsel where you or they deem appropriate.
e
-
e
e
e
VARNUM, RIDDERING, SCHMIDT & HOWLETT llr
A T T () R N I, Y ~ ,1\ T L ,... ,.
Mr. Peter Vaky
September 22, 1998
Page 7
With best wishes,
Very truly yours,
VARNUM, RIDDERING, SCHMIDT & HOWLETTu.p
John W. Pestle
JWP/nk
cc: Peter Annstrong
JWP
Marcus-Charter Franchise Transfer File
Chron file
::ODMA\PCDOCS\GRR\203434\1
e
'AMl....\I :\·R&.'I£li, ¡Ii
WILLI....M ~ \,.\:-.,:' Ht'L
HILAH.Y f- "'¡..;ELl
f'E1IJ~ 4.¡iM;o;TIU "1
~ES r I VA"A
\:"RL E VEl! llEE,
Jl'l:o.; ¡.: ¡....·"'I rr
¡t"t{:'\i(: l:AHU...E . .
¡"":\;ALP L J\JHS~):\.
flA"IEl\, M\1lH\ 1E~
Hi<)MA" T HL;FF
TfM<.'T!n I L1.;RTI"
I~RK H\ )ffIL,
I TIAAY M<.>RA"
THOMA' I MLU>EI\
THO....A~ I f\AM;\iE.'"
R\ 'llERT n KLU¡;RES
RICHARn ^ K-\)
LARRY I TlTUY
BRUCE ,< RAR.'HART
JOHN W, PESTLE
VARNUM, RIDDERING, SCHMIDT & HOWLEIT LlP
¡;¡<EPfi¡\ .\ ..., ;......1-'
l'IIIL~ï·\ (,Ii ""'¡i\ \h ...
!\ 'I ". \1,' \:.; !~,
l\l -~ I' ...\( !:
JLI+~t"'- ~ '\ 'It.-\:)
rHt )!\{,\:" (; ; '£"MLI't;
lIlt-!\: \1,1 ;'L";Ii...l
Rl'I\Œ::!ir I' ,:t"'!'U{
FR.....SIo. I; i x.;S1 ~S_ rl
\I, Ai... P "EEM:'
RU Ho\RIl ^ HI'" \~tR
R^,nAL:" \1,' il:li,\/([N.
:'FiEn A ";MIl
MARllY'\ A L·'....I\FER
t Ht '-............ L Ll....1I.:H.-\!\ t
ih "InERr L : '1..\Mt,'1r..;I"
HI~U.El; HU..........':-.ò
\RU:E {;i" 'I'M"';'\.¡
JI"""Ei'H; Vt'( ;^'
CHIC I ."" :H'E:PE'.t'I'P
^TTORNEYS AT L^W
IIRII1lõEW^TER rLACI
I'OST OFFICE IIOX IH ' URAND R^I'IPS, MICliIUA" 4QSOI,CIS¡
TELEI'HONF. ( I( /11( ,6000 ' FAX ( 16/11ò, iOOO
LA'll. lU:.~c 1 J \4LiRI'HY
~{I~L"'^" 't,();EM.
¡~:¡ ~n "' ~{lX~Hb
~I, IUde -¡. f't..ìLER, 1M
:.. -\\I.'R[~l1. ~' f'L;J:,""S
~"rrHt'l' [) IIMMlRMAS
"'~:"LlAM E qnH~
"'H' rA~~j(),. 'fJHnE
c..:H^RLE..... \t œSH'IN
r,~L1. M i(A!LA
JEFFREY (1 ~rrH
M,<R~ L cn.!.I"-'
()~."'THA~" ANlU"'Î(.)N
\ 'ARU~"'TIIIH(1t.N. PC
'1I'!U..IAM j tA1VRENI:.1111
~i..."A~ M 1n'r....GAARJ·€N
!o,;" 'U~:,, jf1NE.'o\. rc
'TU'HE.' r -\fE.~I""'UL""
!':\\I£'£ KHt"REY
!.II\ 'HAEU; ....~YU.:¥lIlCÇE
TIM<. >THY I Tl ~< "C:A
!'Ð\RIII; RYNI1ER"
~MMt.: ~ ALlAMD
TlM<.YlHl E EA\U
flAVl1> A RHEM
1'\ ""AU> r LA\IIlESS
MI<.1IAEl" Mo.El'IL'EE
IAUJUEUNE (1 ,;u)1T
N STEVENSON JENII;ETTE III
PEnR I UVINI;",\"N
flAVIIJ E I'RESTON
/El'l'REY W !\ESWICK
EUZAIIFIli JOY R~SEl
JOAN ~::HI.EEf
SUYn' A HUIZENGA
NIUiAEl F KEU.Y
KATHlEEN r RJCHTMA~
JEfFREY 1 FRASER
RIOIARf) (1 FRIES
JA¡,œ¡ R 5TAIUR
September 22, 1998
TO: Communities Served by Marcus Cable
RE: Cable Television Franchise Transfer
e Dear Community:
KIt lto\KP R "lMt 1:\",-
IHH.MY" t It ·\'-il"h '....
...."11"£....' ¡ ~\ I~
~·ArR ( t.: -\ \tll.l;.' :R
lRlt"IC:LtH¡!'Io
"'TE\-ESI !rdt'M.R(f\:
~[VI~ AI\RAHAM R'I "1\HASI11
MICHAEl X ItIPALl;I,,'
THt'lM"":, (; KYKl)S
ALAtE!! L ...llL;BKEGEL JR
rANElA J TYLER
MAR'I' C ~)NNEM'"
IOI'!.I RYL'MA
~ 1SEI'H P LEVAII;
DALE R RI£THER\~
MARK'" l".t,VIS
HARVEY K( )"";INt;
UNI>A L I\l;N( ¡E
AS'THo. "'-Y R Cl'MI1ESo
!\EVERLY HCU\[)AY
EMI( 1 F1.~£TIIA\t
R,J( P.t¡kP A EVAS";
!'A\I£:_~ H Ac.1l'''\4^~
< '1:.u.. r¡;. R (ìltl
Ra 'HARP A "",MPAL
A'I1f<EW r I'1llSIllJRY
I'EI\I. )RAH I ~ )Sf'lER."MA
LASCH (l,ARK
TI\;E C JOHNSOf'
"TtrHA~IE R SETTERINGR1N
AUYSo R LEIISTtR
OEAS. F REISNER
KIFFI Y FORfI
!LA~I><ll ) CROE."/OYIC
EUZ <RETH A ANIE.'ON
NARK < 'óETIUTON
I\"S!E~L£ RErw.40~11 ~11lŒ1l
M^R~ ~. HILL'\
SL~":\:oi {)I(](I~Sl"tN
\4111",..1
WILLIAM I HALLIDAY .
TEMRANC.:t R KA( '\~,
t ìEt 'Nt;E H l 'Avtlò;
PETER VI""ERMA"
FREI>M Wl,\'IJflL;FF
H RAYM<. IN I> AN[1RE~"
I"'VlfI L rORTEOL~
MARK (j Mc.ALHNAK;ìI:
/OLENE L ~HEllMAl'
0'('.......1
F WilliAN HllTOiINSOJ;
R, SOUART HOFFII,S
EUGENE AUŒMA
COflOl.)N R BL'OlER
H EDWA RfI l'AUl
DIRECT DIAL 616/ B6,67Z;
E,MAll jwpesde@vrsh.com
This engagement letter with the City of ("municipality" or "you") sets forth our
mutual understanding of the legal services to be provided your municipality jointly with other
municipalities in the Fort Worth area on the proposed transfer of your cable television franchise with
Marcus Cable or its affiliates (''Marcus"). This letter also describes how this representation relates
to our joint representation of several municipalities on this matter and the basis on which we will
be paid.
We will provide services for your municipality as follows: Concurrent with representing
other municipalities served by Marcus on the same proposed transfer, we will represent you on the
proposed transfer/transfer of control of your cable television franchise from Marcus to
CharterNulcan or its affiliates ("Charter"). This includes examining your charter, current cable
franchise and Fonn 394, meeting with you in person or by phone, obtaining information from
Charter (and Marcus) and advising you about the responses. It also includes negotiations with
Charter (and Marcus) to try to arrive at an agreement on the tenns upon which the transfer should
be approved by you, and such other matters as are appropriate.
e
The scope of these services may be changed from time to time by mutual agreement. Our
engagement with you may be tenninated by you or us at any time, subject to the provision below
about being billed through the end of the calendar month in which tennination occurs for ease of
billing purposes.
:::'\'\.r!R.·\rll'''' !-\'.";'!'(; ~·..:.\~i_\/\'('
:: ','.!' I ".
e
e
e
VARNUM, RIDDERING, SCHMIDT & HOWLElTu,r
,", T T I) R " I, Y S\ T I ,", WI
September 22, 1998
Page 2
You understand that we will also be representing other municipalities in the Fort Worth area
on the proposed transfer of their cable fÌ"anchise trom Marcus to Charter. These municipalities have
similar interests, believe they can achieve enhanced effectiveness, cost reduction and mutual
benefits through joint representation and for convenience are referred to collectively as the Marcus
Communities or "the Group".
John Pestle and Peter Annstrong will oversee this matter on behalf of the law finn and will
use the services of other attorneys in the finn or non-attorney legal assistance as the finn deems
appropriate. We will bill your municipality monthly as follows: We will bill for work for the Group
as a whole using our hourly rates for such work. Those rates currently range trom $55 to $265 per
hour. ~1r. Pestle's rate is $260 per hour and Mr. Annstrong's is $265 per hour. This bill will also
include any out of pocket expenses incurred on the Group's behalf plus internal charges at our
standard rates for same for such items as copying, long distance calls, word processing, staff
overtime, messenger services, faxes, and the like.
You will be billed for your percentage share of the group bill based on the number of Marcus '
subscribers in your community compared to the number of subscribers for all the communities in
the group during that month.
Although you may tenninate our services at any time, due to the difficulty in segregating
costs partway through a month, you agree to pay for your share of the costs through the end of the
month in which you tenninate.
The tenns of our bills are net 30 days. If you have any questions on them, please contact us
immediately.
You wish to obtain by our representation our knowledge on cable and telecommunications
matters. This knowledge, in significant part, derives from our past and ongoing representation
of other persons on such matters. We recognize that, although we consider it unlikely, future
events might result in our representing other persons on matters adverse to you or vice versa.
This is a corollary to our knowledge in part coming from the representation of other persons.
You agree that the law firm may represent other persons on matters adverse to you (if that matter
is substantially unrelated to the services we have provided to you) while the law firm continues
to represent you if the law firm reasonably believes that the representation will not adversely
affect the relationship with you. You further agree that, if this fino detennines that the finn should
not represent you and, at the same time, represent another person on a matter adverse to you, the
remedy for such a situation is that we may withdraw trom representing you. In such a situation, you
· .
VARNUM, RIDDERING, SCHMIDT & HOWLElT Llr
^TT\1RNI:YS AT I.AW
e
September 22, 1998
Page 3
expressly consent to the right of this finn to so tenninate this representation of you and to our
withdrawal as counsel for you on all pending matters. Of course, you also can choose to tenninate
our representation of you at any time. In either situation, we will cooperate in transferring files to
whatever counsel, if any, you choose to thereafter represent you. Your agreement on these points
aids all our clients, including you, by making our services available on as many projects and
matters possible.
We will start our representation of you upon your signing this letter and returning it. A fully
signed copy will be returned to you.
We appreciate the opportunity to assist you and look forward to working with you.
Date:
(Municipality)
e
By:
Its:
Date:
VARNUM, RIDDERlNG, SCHMIDT & HOWLETT
BY:..cat 1 J~
hn W. Pestle
Its: Partner
e
::ODMA \PCDOCS\GRR\20343511
-
,
e
e
e
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR QA.1Q?
~ Date. September 24, 1998
T SUbj~ct: Year 2000 Progress Report
The year 2000 problem is touted by many as '1ust" a computer problem. This is simply not an
accurate statement. The year 2000 problem extends far beyond computer systems to any
electronic system that utilizes an embedded microprocessor. Embedded systems support
electrical power stations, telecommunication systems, wastewater treatment plants, hospitals
and many, many more. The year 2000 problems are serious and can not be ignored. Our City
staff has taken a proactive stance to insure the continued delivery of services for our citizens.
In the Fall of 1995, preliminary investigations of major computer systems for areas such as
Police, Fire, General Services and the Library revealed that the majority of the major computer
systems would not function correctly beginning in the year 2000.
In the Spring of 1996, the decision was made to replace these major systems. Outside
resources were utilized to develop Request For Proposals for Public Safety, General Services,
Municipal Court and Parks & Recreation systems. Bids were advertised, proposals received,
research performed and bids were awarded in 1997 and 1998 for all of these systems with the
exception of the Library system, of which the bid will be awarded this Fall. Implementation of
the new computer systems is currently underway.
None of the City's personal computers were year 2000 compliant in 1995 as well. Since the
FY 1995/96 budget year, Information Services has purchased Gateway 2000 computers which
are year 2000 compliant. Currently, 108 computers are not year 2000 ready, however, 60 of
the 108 are scheduled to be replaced during FY 1998/99 with the remainder to be replaced in
October/November 1999.
Personal computer software is another area that was examined and Information Services has
identified 70 different types of computer software (and versions) currently being used by City
staff. Steps are being taken during the FY 1998/99 budget year to replace all remaining
personal computer software that is needed and is not year 2000 compliant. Approximately 80
percent of all microcomputer software is year 2000 ready.
The NRH20 computer system, PacerCats, is not year 2000 compliant and an analysis is
underway regarding whether or not to replace this system. The PacerCats system has been
plagued with hardware and software problems since the original purchase in 1995. Therefore,
we will evaluate whether it is more cost effective to replace or upgrade. Information Services
will be working closely with Parks & Recreation to further analyze this system.
The City's main telephone PBX system is not year 2000 ready, however, funding was approved
in the FY 1998/99 budget, and a thorough evaluation and needed changes will be made.
At a department director's staff luncheon, on December 10, 1997, a presentation was made
regarding what Information Services had accomplished to date on the Year 2000 problem and
to inform each department regarding the need to begin identification of potential problems
outside the scope of computer systems. Several departments since that time have conducted
extensive research.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
,
,
Page 2
e
On August 12, 1998, Assistant City Manager Ron Ragland and Terry Kinzie, the City's Year
2000 Project Coordinator, attended the State of Texas Department of Information Resources
Year 2000 training session and received more year 2000 information. Special emphasis was
placed on "embedded microprocessor systems". This information was shared with staff at the
August 19, 1998, department director meeting where directors were instructed to select one
person from each department to be a Year 2000 Coordinator, for the City's Year 2000 Team.
On September 1, 1998, a meeting was held with department directors and their departmental
Year 2000 Coordinator. The importance of the project was discussed, guidelines were
presented regarding the direction of the team, information was presented and a brainstorming
session was held. Departments shared information regarding known potential year 2000
problem areas in their specific department.
On September 15, 1998, the Year 2000 Team met and reviewed Year 2000 instructional
videos, more information was collected, another brainstorming session was held, databases
of all problem areas and all businesses within NRH are being developed.
Internally, the main focus of the team at this time is identification of problem areas, inputting
known problems into a computer database for tracking purposes and providing awareness to
all City employees.
.
Externally, work is being conducted to identify all providers of external services and computer
data so that correspondence can be sent to these entities to insure continued delivery of
services at the beginning of the year 2000 and beyond.
Additional topics for consideration is the notification of all citizens and businesses located in
North Richland Hills to inform them of the progress our city is making. Additionally, to make
them aware of potential problems as related to their own business; since in some cases,
neglect on their part may cause problems for the City.
Key factors to remember in the Year 2000 process are to:
1. Identify problem areas and create awareness;
2. Develop an inventory of known problems;
3. Prioritize known problems;
4. Take action and/or provide notification of known problems;
5. Test systems;
6. Develop contingency plans for areas that we are unable to correct before the
year 2000 or external areas that are beyond our control.
Updates will be provided to the Mayor and City Council on a quarterly basis.
Respectfully submitted,
. ~O.~
Terry D. Kinzie
Director, Information Services
.
e
e
e
MINUTES OF THE CITY COUNCil WORK SESSION OF
THE CITY OF NORTH RICHLAND HillS, TEXAS, HELD
IN THE RECREATION CENTER ASSEMBLY ROOM,
6720 NORTHEAST lOOP 820, NORTH RICH LAND HillS
- JUNE 29,1998 - 6:00 P.M.
Present:
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
James Saint
Marty Wieder
Larry Koonce
Andy Jones
Jerry McGlasson
Greg Dickens
Barry LeBaron
Jim Browne
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Assistant to City Manager
Economic Development Director
Finance Director
Fire Chief
Police Chief
Public Works Director
Director of Planning
Park & Recreation Director
Park & Recreation Board Members:
Ann Perchard
Sherry Christensen
Lorraine Miller
Bobbie Lambert
Sharon Battles
Pam Jackson
John Pena
Planning & Zoning Commission Members:
Don Bowen Mark Wood
Richard Davis Paul Miller
David Barfield
Mayor Scoma called the work session to order at 6:09 p.m.
PROPOSED "NRH" TOWN CENTER
Members of the City Council, City Staff, the Planning and Zoning Commission, and Park and
Recreation Board were introduced. The consultants for the Town Center Project were introduced
- Mr. Bill Gietema, Arcadia Realty Corporation, Mr. Bill Cunningham and Mr. Peter McNally,
Leland Consulting Group and Mr. Todd Zimmerman, ZimmermanNolk Associates.
·
e
e
City Council Work Session Minutes
June 29, 1998
Page 2
The consultants discussed proposed plans for development of a 330 acre tract of land north of
NRH20 owned by E-Systems. The results of the Market Position Analysis was presented by the
consultants. The consultants discussed the results of the study including the best uses of the
property, the types of development the property will support and sales tax and property tax
revenues that could be expected. The consultants also presented their market and economic
analysis for a public attraction facility. The components of the facility included a state-of-the-art
recreation center, an ice arena and an outdoor amphitheater. The possibility of locating a new
library facility at the site was also discussed. A slide presentation was presented of similar
developments and drawings of what types of buildings could be expected and their relationship to
other segments of the development.
The consultants discussed the next step in the planning process and the other consulting firms
that will be brought in if Council is willing to continue to move forward into the next phase of
planning and developing the project. The Council was advised that they would need to decide on
the public factors. The City Staff commented on the project, its impact and their support for the
project if Council decides to move forward. The consultants answered questions from the Council
the Planning & Zoning Commission and Park Board members.
In response to questions, the consultants advised that it was essential that the public portion of
the project move forward with the private portion and that the public portion begin with the private.
The consultants advised that all of the consultants involved with the project would have input on
the phasing. The Chair of the Planning and Zoning Commission advised he felt the study should
also extend to the surrounding property and include the impact the project would have on the
surrounding property. The Mayor advised the Staff would take his comments into advisement.
The Mayor advised that the Council has a definite interest in the project, but that there are still a
lot of issues to be addressed before a commitment can be made. The City Manager requested
Council direction on the following questions:
1. Is the Council receptive and willing for the staff to continue working closely with
Arcadia, and the appropriate Boards and Commission, to create the development
leading towards the creation of a special district that is currently being called the
"Town Center Project".
2. Is the Council interested and willing to begin discussing and considering the
potential for the inclusion in this project certain "public facilities" and to have the staff
working on the details and options to be considered?
3. Is the Council receptive to authorizing the staff to perform the necessary financial
analysis for the public improvements?
4. Is the Council receptive to the staff continuing to work with Arcadia to develop a
"partnership" so that the project is the combination of a private/public investment in
the future of our City?
·
e
e
City Council Work Session Minutes
June 29, 1998
Page 3
The consensus of the Council was to proceed with each of the four (4) requests for direction with
the understanding that in proceeding with #4, that it is not a legal partnership at this point.
The Mayor adjourned the meeting at 9:02 p.m.
ATTEST:
Patricia Hutson - City Secretary
Charles Scoma - Mayor
·
e
e
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - SEPTEMBER 14, 1998, - 6:20 P.M.
Present:
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Rex McEntire
Marty Wieder
Greg Dickens
Barry LeBaron
Larry Koonce
John Lynn
Pam Burney
Melani Fragge
Donna Huerta
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
Economic Development Director
Public Works Director
Planning/Inspection Director
Finance Director
Acting Police Chief
Environmental Services Director
Human Resources Director
Communications Director
I ITEM I DISCUSSION I ASSIGNMENT I
CALL TO ORDER Mayor Scoma called the meeting to order at
6:20 p.m.
Mayor Scoma introduced a new member of the
staff, Ms. Alicia Richardson, Assistant City
Secretary.
-
e
e
e
Pre-Council Minutes
September 14, 1998
Page 2
ITEM DISCUSSION ASSIGNMENT
DISCUSS ITEMS Agenda Item No. 22 - GN 98-113 - NAN
FROM REGULAR Councilwoman Johnson questioned how this
SEPTEMBER 14 item came about and why the rates were being
AGENDA adjusted. Staff explained that in accordance
with FCC regulations Marcus had filed a
request with the City for rate increases. The
City retained a rate consulting firm to review
Marcus'request. The rates listed in the
resolution are based on the consultants'
findings. The Council discussed the
complaints they have been receiving from the
citizens about Marcus. The Mayor advised
that he and the City Manager were planning to
meet with Marcus, present the list of problems
and see if better service can be negotiated.
The Council was advised that the City had
limited jurisdiction in regard to rate regulations
and customer service. There was a question
on when the franchise with Marcus will expire.
Councilman Welch requested Staff to review
the franchise agreement and determine when
the franchise with Marcus will expire.
Mayor Scoma advised that at a request of a PA TRICIA H.
Council Member the following change had
been made to the August 24, 1998 regular City
Council Minutes: Page 9, the reason for
Councilwoman Johnson's denial was removed
from the motion. The original wording was
"Councilwoman Johnson moved, seconded by
Councilwoman Lyman, to deny GN 98-96 on
the basis that there are not the qualified people
on the committee that there are on the other
committees." The wording was changed to:
"Councilwoman Johnson moved, seconded by
Councilwoman Lyman, to deny GN 98-96.
Councilwoman Johnson advised that she
made the motion to deny on the basis that
there are not the qualified people on the
committee that there on the other committees."
Council was advised that they would be
approving the minutes with the correction.
Pre-Council Minutes
September 14,1998
Page 3
e ITEM DISCUSSION ASSIGNMENT
REVIEW FUNDING The City Manager explained that NETS has LARRY C.
ISSUES RELATED been receiving its funding from the Federal
TO NETS ISTEA grant, from the State and member cities
in the Northeast Tarrant area. With the
revision of ISTEA, now called TEA-21 , NETS
has lost federal funding. The member cities
have been meeting and working with NETS to
address this loss. The cities have agreed to
advance money through the end of December
to help them through this financial crisis.
Mayor Pro Tem Phifer briefed the Council on
what the Regional Transportation Commission
was doing to address the problem. He advised
that Congressman Frost was working on
legislation to reestablish the funding, but that it
would not be approved in time. RTC is
exploring options to fund NETS until a bill can
be passed by Congress. A plan is scheduled
to be brought before the RTC at their next
e meeting. The Council discussed the need to
look at outside sources to subsidize NETS for
North Richland Hills citizens in case the
funding fails. Mayor Scoma advised that
NETS was to provide quarterly reports to the
Council as part of the original agreement with
NETS. Mayor Scoma advised the Council has
not been receiving the quarterly reports and
requested that these reports be sent to the
Council.
DISCUSS The Council reviewed the list of proposed NAN
AGENDA FOR items to be discussed at the September 14
MEETINGS WITH meetings with the Zoning Board of Adjustment
PLANNING & and the Planning and Zoning Commission.
ZONING The Council agreed to the agenda. Mayor
COMMISSION Scoma asked that City Staff summarize the
AND ZONING enabling legislation at the meeting. The
BOARD OF Council discussed what they considered the
ADJUSTMENT definition of a "hardship" to be. The Council
reviewed Section 211.009 of the enabling
e legislation which enumerates the authority of
thp. . Thp. r., . th~t a
e
e
e
ITEM
DISCUSS
AGENDA FOR
MEETINGS WITH
PLANNING &
ZONING
COMMISSION
AND ZONING
BOARD OF
ADJUSTMENT
(continued)
SET SCHEDULE
FOR FUTURE
MEETINGS OF
BOARDS AND
COMMISSIONS
DISCUSS
COUNCIL TRAVEL
POLICY AND
CONFERENCES
DISCUSSION
does not exist when an individual takes action
contrary to established City ordinances
regardless of the financial or inconvenience
factor. They agreed that financial hardship
alone was not sufficient grounds for a
variance. The Council discussed the need to
adopt a standard for carports when variances
are approved. The Ad Hoc Committee is to be
asked to consider variance standards in their
review.
Pre-Council Minutes
September 14,1998
Page 4
ASSIGNMENT
The Council will meet with the various boards LARRY C.
and commissions on the first Tuesday after the
second Monday. Staff is to use their discretion
in the scheduling of when each board and
commission will meet with the Council.
The Council discussed the proposed Council
travel policy and the list of recommended
conferences for the 98/99 budget year. The
Council discussed participation on TML and
NLC committees. The Council is encouraged
to participate in committees and leadership on
the State level. The Council is to focus their
committee and leadership participation on
state and local level and not national level. It
was agreed that the budgeted TML
Conferences and the NLC Congress of Cities
and Congressional Cities Conferences were
beneficial. Mayor Scoma advised that there
were many good seminars in the metroplex
and he encouraged the Council to attend as
many of those as possible. Mayor Scoma also
, ~t::lff to' . into::ln I :>r:llllllðl
NAN
e
e
e
Pre-Council Minutes
September 14,1998
Page 5
ITEM DISCUSSION ASSIGNMENT
DISCUSS to be held in Dallas - How to Recruit, Train
COUNCIL TRAVEL and Retrain Volunteers and see if it would be
POLICY AND beneficial to Staff members. The Council
CONFERNCES discussed if a Council Member could take a
(continued) traveling companion if a spouse was unable to
accompany the Council Member. The
consensus of the Council was that only spouse
travel would be authorized.
OTHER A new member of the Staff, Ms. Donna Huerta,
INFORMATIONAL Communications Director, was introduced to
ITEMS the City Council.
ADJOURNMENT Mayor Scoma announced at 7:17 p.m. that the
TO EXECUTIVE Council would adjourn to Executive Session to
SESSION discuss litigation as authorized by Government
Code Section 551.071.
ATTEST:
Charles Scoma - Mayor
Patricia Hutson - City Secretary
-
.
e
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCil OF THE CITY OF NORTH RICH LAND HillS,
TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST
lOOP 820 - SEPTEMBER 14,1998 -7:30 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order September 14, 1998 at 7:30 p.m.
ROLL CALL
Present:
Charles Scoma
Don Phifer
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Matt Milano
Cheryl Cowen Lyman
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Rex McEntire
Greg Dickens
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
2.
INVOCATION
Councilwoman Lyman gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATIONS
A. RECOGNITION OF FORMER BOARD/COMMISSION MEMBERS
·
City Council Minutes
September 14,1998
Page 2
e
Mayor Scoma presented plaques to the following former board members: Mr. David
Barfield, Planning & Zoning Commission and Capital Improvement Advisory Committee,
serving from September 1987 to June 1998; Mr. Bill Biggers, Civil Service Commission,
serving from May 1993 to June 1998; Mr. Thomas A. Hodge, Town Hall Committee,
serving from June 1997 to June 1998; Ms. Billie Sommermeyer, Beautification
Commission, serving from April 1991 to June 1998; Mr. Don Tipps, Park and
Recreation Board and Park and Recreation Facilities Development Corporation, serving
from June 1980 to June 1998; and Mr. James Bellomy, Board of Adjustment, serving
from March 1995 to June 1998.
e
Mayor Scoma also recognized the following former Board Members who could not be
present to receive their plaques: Mr. Danny Blankenship, Civil Service Commission and
Park and Recreation Facilities Development Corporation, serving from October 1997 to
June 1998; Mr. Ed Brock, Civil Service Commission, serving from July 1994 to June
1998; Mr. Billy Cypert, Board of Adjustment, serving from June 1983 to June 1998; Mr.
Don Ferguson, Planning and Zoning Commission and Capital Improvement Advisory
Committee, serving from April 1997 to June 1998; Mr. Bobbie Lambert, Park and
Recreation Board, serving from August 1987 to June 1998; Mr. James McCaig, Board
of Appeals, serving from May 1993 to June 1998; Ms. Joyce Moody, Library Board,
serving from August 1995 to June 1998; Ms. Lorrine Miller, Park and Recreation Board,
serving from January 1997 to June 1998; and Ms. Jill Spicer, Planning and Zoning
Commission, serving from August 1994 to June 1998.
B. DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL
YEAR 1997/98
Ms. Nell Lange, Director of Administration, North Central Texas Council of
Governments and immediate past President of GFOA, presented to Mr. Larry Koonce,
Finance Director, and Debbie Durko, Budget Coordinator, the Distinguished Budget
Award for the City's Comprehensive Annual Budget for the fiscal year beginning
October 1, 1997.
Mr. Koonce recognized the members of the Finance Staff.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
e
6.
APPROVAL OF CONSENT AGENDA ITEM(S)
APPROVED
City Council Minutes
September 14, 1998
Page 3
.
A. MINUTES OF THE GOAL SETTING WORK SESSION JUNE 19-20, 1998
B. MINUTES OF THE WORK SESSION JUNE 30,1998
C. MINUTES OF THE SPECIAL MEETING AUGUST 11, 1998
D. MINUTES OF THE PRE-COUNCIL MEETING AUGUST 24, 1998
E. MINUTES OF THE REGULAR MEETING AUGUST 24,1998
F. GN 98-98 - APPOINTMENT OF ASSISTANT CITY SECRETARY -
RESOLUTION NO. 98-41
G. GN 98-99 - APPOINTMENT TO PLACE 4 ON TEEN COURT ADVISORY
BOARD
H. GN 98-105 - INTERLOCAL AGREEMENT ON JUVENILES WITH
TARRANT COUNTY - RESOLUTION NO. 98-38
. I. GN 98-107 - APPROVE EXEMPTION OF CITY'S HEALTH PLAN FOR
HIPPA REQUIREMENTS
J. GN 98-110 - AMEND INTERLOCAL AGREEMENT FOR USE OF
ENVIRONMENTAL COLLECTION CENTER - RESOLUTION NO 98-45
K. GN 98-111 - REVISION OF SCHOOL ZONE HOURS AT CARRIE
FRANCES THOMAS ELEMENTARY SCHOOL - ORDINANCE NO. 2326
L. GN 98-112 - CONTRACT AUTHORIZING PASS-THROUGH STATE
GRANT AGREEMENT FOR NETS
M PU 98-55 - APPROVAL OF PURCHASE OF ARMORED VEHICLE
Councilman Metts moved, seconded by Mayor Pro Tem Phifer, to approve the Consent
Agenda with the correction to the minutes of the August 24, 1998 regular meeting as
discussed in Pre-Council.
Motion carried 7-0.
.
City Council Minutes
September 14, 1998
Page 4
e
7.
PUBLIC HEARING TO CONSIDER THE APPEAL OF
NEXTEL CORPORATION FOR A SPECIAL USE PERMIT
TO ALLOW A COMMUNICATIONS TOWER ON A PORTION
OF LOT 15A, EDGLEY ADDITION (LOCATED IN THE
7500 BLOCK OF GRAPEVINE HIGHWAY) -
ORDINANCE NO. 2330
DENIED
Mayor Scoma opened the public hearing and called for anyone wishing to speak in
favor to come forward.
Mr. Terry Burroughs, 8585 North Stemmons, representing the applicant, spoke in favor
of the request and addressed the concerns of the Planning and Zoning Commission.
Mr. Wayne Herndon, owner of the property, spoke in favor of the request.
Mayor Scoma called for anyone wishing to speak in opposition to come forward.
e
There being no one else wishing to speak, Mayor Scoma closed the public hearing.
After discussion, Councilwoman Johnson moved, seconded by Councilwoman Lyman,
to deny Ordinance No. 2330.
Motion to deny carried 5-2; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman,
Councilmen Welch and Milano voting for denial and Councilmen Mitchell and Metts
voting against.
8.
PZ 98-35 REQUEST OF JIM BROWN FOR A REDUCTION OF
THE MASONRY REQUIREMENT ON LOT 14, BLOCK 3,
J.L. AUTREY ADDITION (LOCATED AT 4019 RUFE SNOW DRIVE) -
RESOLUTION NO. 98-44
DENIED
Mr. Barry LeBaron, Director of Planning, presented the request because the applicant
could not be present.
Councilman Milano moved, seconded by Councilwoman Johnson, to deny PZ 98-35,
Resolution No. 98-44.
e Motion to deny carried 7-0.
e
e
e
City Council Minutes
September 14,1998
Page 5
9.
PZ 98-36 PUBLIC HEARING TO CONSIDER THE REQUEST
OF THE CITY OF NORTH RICHLAND HILLS TO REMOVE
THE SPECIAL USE PERMIT ALLOWING NURSERY RETAIL
SALES, TRUCK RENTAL, AND A TEMPORARY OFFICE
(LOCATED AT 51 02 DAVIS BOULEVARD) -
ORDINANCE NO. 2332
APPROVED
Mayor Scoma opened the public hearing and called for anyone wishing to speak for or
against to come forward.
There being no one wishing to speak, Mayor Scoma closed the public hearing.
Councilman Metts moved, seconded by Mayor Pro Tem Phifer, to approve Ordinance
No. 2332 to repeal the Special Use Permit for nursery sales and a temporary office at
5102 Davis Boulevard.
Motion carried 7-0.
10.
PS 98-30 REQUEST OF ROB ADAMS FOR A FINAL PLAT
OF LOTS 1 RAND 2, BLOCK 6, T APP ADDITION
(LOCA TED AT 6401 NORTHEAST LOOP 820)
APPROVED
Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve
PS 98-30 .
Motion carried 7-0.
11.
PS 98-34 REQUEST OF JOHN BARFIELD FOR A REPLA T
OF LOT 1, BLOCK 1, AND LOT 16, BLOCK 2,
THORNBRIDGE ESTATES, PHASE 5 (LOCATED AT
8933 AND 9001 THORNWA Y DRIVE)
APPROVED
MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING
BECAUSE OF CONFLICT OF INTEREST.
·
·
City Council Minutes
September 14,1998
Page 6
The Council discussed whether there would be a future need for Bramble Lane to
provide access to the Thornbridge Addition.
Councilman Metts moved, seconded by Councilwoman Lyman, to approve PS 98-34.
Motion carried 6-0; Mayor Pro Tem Phifer abstaining.
12.
PS 98-35 - REQUEST OF MA IT SPEIGHT FOR A REPLA T TO BE
KNOWN AS LOTS 1 R1 AND 1 R2, BLOCK 30, HOLIDAY NORTH ADDITION
(LOCATED IN THE 5500 BLOCK OF DAVIS BOULEVARD)
APPROVED
MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING
BECAUSE OF CONFLICT OF INTEREST.
Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 98-
35.
Councilman Milano expressed concerns regarding plats being approved prior to the
overlay zone being put in place.
Mr. Scott Sandlin, representing the applicant, advised that office retail was planned at
this location.
Motion carried 4-2; Councilwomen Johnson and Lyman, Councilmen Welch and Metts
voting for, Councilmen Mitchell and Milano voting against, and Mayor Pro Tem Phifer
abstaining.
13.
PS 98-41 - REQUEST OF MICHAEL RADER FOR AN AMENDED
PLAT OF LOTS 6 & 7, BLOCK 4, INDUSTRIAL PARK ADDITION
(LOCATED AT 5619 RUFE SNOW DRIVE)
APPROVED
MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING
BECAUSE OF CONFLICT OF INTEREST.
Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve
PS 98-41.
· Motion carried 6-0; Mayor Pro Tem Phifer abstaining.
e
e
e
City Council Minutes
September 14, 1998
Page 7
14.
GN 98-100 APPROVAL OF 1998 CERTIFIED TAX ROLL-
RESOLUTION NO. 98-40
APPROVED
Councilman Metts moved, seconded by Councilman Welch, to approve Resolution No.
98-40 and the Certified Tax Roll in the amount of $1 ,961 ,435,474 for the tax year 1998.
Motion carried 7-0.
15.
GN 98-101 AUTHORIZING HOMESTEAD, OVER 65, AND
DISABILITY EXEMPTIONS FROM AD VALOREM TAXES -
ORDINANCE NO. 2327
APPROVED
Councilman Welch advised he would like to recommend that the $29,000 exemption be
raised to $30,000 for persons over the age of 65 and for persons disabled. However,
since the budget had been prepared based on the $29,000 exemption, he
recommended that it be done next budget year.
Councilman Welch moved, seconded by Councilwoman Johnson, to approve
Ordinance No. 2327 providing for exemptions for homestead, over 65 years of age and
disability persons to be approved and with the provision that next budget year, the
$29,000 exemption for senior citizens and the disabled be raised from $29,000 to
$30,000.
Motion carried 7-0.
RECESS
Mayor Scoma called a recess at 9:00 p.m.
BACK TO ORDER
Mayor Scoma called the meeting back to order at 9:07 p.m. with the same members
present as recorded.
16.
GN 98-102 ADOPTING THE TAX RATE FOR 1998-
ORDINANCE NO. 2328
APPROVED
e
e
e
City Council Minutes
September 14, 1998
Page 8
Councilwoman Lyman moved, seconded by Councilman Welch, to approve Ordinance
No. 2328 setting the tax rate for the 1998-1999 fiscal year at 57¢.
Motion carried 7-0.
17.
GN 98-103 ADOPTING THE 1998-99 BUDGET
ORDINANCE NO. 2329
APPROVED
Mayor Pro Tem Phifer moved, seconded by Councilwoman Johnson, to approve
Ordinance No. 2329 adopting the 1998-99 Budget for all funds and the revisions to the
1997 -98 Budget for all funds.
Motion carried 7-0.
18.
GN 98-104 CONSIDER ORDINANCE TO EXTEND FOR 120 DAYS
THE MORATORIUM ON PERMITS FOR ELECTRONIC
MESSAGE BOARD SIGNS -
ORDINANCE NO. 2331
APPROVED
Councilman Milano moved, seconded by Councilwoman Lyman, to approve Ordinance
No. 2331 extending the moratorium for an additional 120 days.
The Council discussed the feasibility of including all signs in the moratorium. They also
discussed the removal of signs and landscaping from the Zoning Ordinance, and the
adoption of interim review guidelines as part of the ordinance.
Motion carried 7-0.
19.
GN 98-106 LOCAL LAW ENFORCEMENT BLOCK GRANT-
PUBLIC HEARING
Mayor Scoma opened the public hearing and called for anyone wishing to speak to
come forward.
There being no one wishing to speak, Mayor Scoma closed the public hearing.
No further action was needed by the Council.
e
e
e
City Council Minutes
September 14, 1998
Page 9
20.
GN 98-108 INTERLOCAL AGREEMENT WITH CITY OF KELLER
FOR RECONSTRUCTION OF SHADY GROVE ROAD -
RESOLUTION NO. 98-39
APPROVED
Mayor Pro Tem Phifer moved, seconded by Councilwoman Lyman, to approve
Resolution No. 98-39.
Motion carried 7-0.
21.
GN 98-109 APPROVE CONTRACT FOR TNRCC
FY 1999 SOLID WASTE GRANT #99-04-G11 FOR PUBLIC
OUTREACH PROGRAMS FOR RESIDENTIAL SOLID
WASTE REDUCTION -
RESOLUTION NO. 98-46
APPROVED
Mayor Pro Tem Phifer moved, seconded by Councilwoman Lyman, to approve
Resolution No. 98-46.
Motion carried 7-0.
22.
GN 98-113 SETTING MAXIMUM BASIC CABLE AND
INSTALLATION RATES FOR MARCUS CABLE-
RESOLUTION NO. 98-42
APPROVED
Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve
Resolution No. 98-42, setting maximum permitted rates for basic tier cable service,
installation of equipment and services, and the Wire Maintenance Program for Marcus
Cable.
After discussion by the Council, motion carried 6-1; Mayor Pro Tem Phifer, Councilmen
Mitchell, Metts, Milano, Councilwomen Johnson and Lyman voting for and Councilman
Welch voting against.
e
e
-
City Council Minutes
September 14, 1998
Page 10
23.
PUBLIC HEARING TO CONSIDER CREATION OF
REINVESTMENT ZONE NUMBER ONE -
ORDINANCE NO. 2333
APPROVED
Mayor Scoma opened the public hearing and called for anyone wishing to speak for or
against to come forward.
Mr. Marty Wieder, Economic Development Director, presented the proposed ordinance.
There being no one else wishing to speak, Mayor Scoma closed the public hearing.
Councilwoman Lyman moved, seconded by Councilman Metts, to approve Ordinance
No. 2333 establishing Reinvestment Zone Number 1, City of North Richland Hills.
Motion carried 7-0.
24.
GN 98-115 DIRECT STAFF TO DRAFT SPECIFICS FOR
DEVELOPING A NORTH DAVIS OVERLAY DISTRICT
DENIED
The City Manager reviewed the activities of City Staff regarding the issues being
addressed in the North Davis Overlay District.
Councilman Milano moved, seconded by Councilwoman Lyman, to direct City Staff to
develop specifics to support the suggestions as outlined in the North Davis Overlay
District as the report was presented to the City Council on July 13, 1998 meeting.
After discussion by Council, motion failed 5-2; Mayor Pro Tem Phifer, Councilmen
Welch, Mitchell and Metts and Councilwoman Johnson voting against and Councilman
Milano and Councilwoman Lyman voting for.
25.
(A) CITIZENS PRESENTATION
Ms. Mary King, citizen, advised that the citizens in the North Davis area would like
commercial standards to be raised in the City. Ms. King advised they felt the overlay
zone was in the best interest of the City. Ms. King asked what was to be done by the
Ad Hoc Committee.
e
e
-
City Council Minutes
September 14, 1998
Page 11
Mayor Scoma advised the City Council has instructed the Land Use Ad Hoc Committee
to review all aspects of land use. The Ad Hoc Committee will include in their review the
study prepared by the North Davis Group. The City has needed to improve its
standards for several years. Mayor Scoma advised the steps outlined in Council's
discussion on Agenda Item No. 24, define the actions being taken and the study done
by the North Davis Group is included.
(B) INFORMATION AND REPORTS
Mayor Scoma introduced the City's new Communication Director, Ms. Donna Huerta.
Mayor Scoma commended the City's Neighborhood Crime Watch organization and
advised that five new Neighborhood Watch Groups have been formed.
2.6
ADJOURNMENT
Mayor Scoma adjourned the meeting at 10:34 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
CITY OF
NORTH RICHLAND HILLS
Department:
Legal Council Meeting Date:
Interlocal Agreement with City of Watauga for Purchase
Agenda Number:
of Fuel from North Richland Hills; Resolution No. 98-47
9/28/98
GN 98-115
Subject:
Our City and the City of Watauga have been operating under this Agreement for the past year. It has
worked so well for both cities that the City of Watauga has decided not to install a fleet fueling system.
This new agreement contains the same terms as the current agreement. By the terms of the Agreement,
Watauga pays North Richland Hills its cost plus ten cents per gallon.
Recommendation:
Pass Resolution No. 98-47 authorizing the Mayor to execute the Interlocal Agreement with the City of
Watauga.
Finance Review
Signature
CITY COUNCIL ACTION
Anan.. Oftc:Ior
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Page 1 of
e
e
e
RESOLUTION NO. 98-47
WHEREAS, this City and the City of Watauga have been honoring an
INTERLOCAL AGREEMENT covering the purchase of fuel since September 22, 1997; and
WHEREAS, the Agreement is about to expire and the parties desire to continue the
present arrangement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached Interlocal
Agreement with the City of Watauga as the act and deed of the City.
PASSED AND APPROVED this 28h day of September, 1998.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
.
.
.
STA'mOFTEXAS
COUN'rY OF TAIlRANT
)(
)(
00E..1\LOCAL...Mìß~'
W11P.REAS, the City of 'North Ridtland Hills purchases aU of iLS guoline aDd diesel
fuel in compliance with bidding procedures established by state law and it" ordinances; and
WHEREA~, Watauga does not have an available facility or cost effective !)Istem for
dispensing gasoline and diesel fuel to its cïty·owncd vchicles~ and
WHEREAS, representatives of the City of North Richland lJilb, and the City of
Watauga have cJctennincd that it is in the best interC!'t~ of hoth cities for North Richland HiUs
to sel1 ß8.<;()1ine and diesel fucl tu the City of Wataug.a for a plicc equal to COAt p1u5 ten cents
(S.IO) per ~non.
NOW, THEREFORE, for and in consideration of t.he mutual covenants, condition~.
and promi!;e~ c-,<prcssed herein. the City of Nurth Richland Hills and the City of Watauga agree
a!l follows:
I.
AGREEMENl
The City of NOM Riclùand Hilla (hereina1ìcr "NRH") agrecs to scll aud the City of
Watauga (hereinafter "Watauga") agrees to purchase an undelcrmined amount of gasoline and
diesel fucl at 7200·A Dick FIsher Drive South. Acccs!\ and avai1ahility Mall be provided !;eVen
(7) days per week atld t wcnty~four (24) hours a day. NRH hereby agJ'ccs to provide Watauga
with the adequate access cards necessary for Wataußð vehicles to reœive gasoline and diC-4Cel
fuel.
II.
PAYMENT TERMS
NRH shall provide a statement each month to Watauga detailing the amount of
gasoline and diesel fuel dispensed to each or Watauga's city-owned vehicJCS) the respective
price per gallon; and the total amount owed by Watauga to NRli. Wataup shan pay NRH
within fourtccn (14) days of the receipt of the statement. Watauga shall make payments ror
the service the subject of this Agreement trom cutTent revenues available to Watauga.
1
.
.
..
-
ur.
PlUCE
1be pric:e per pnon of gasoline to be paid by Wataup shall be determined on a
monthly basis by determining the cost that NRH incurred per pUon of 8a.~linc during that
monthly period. and then adding ten cent ( (S. (0) per ¡aD on. The price of di~et fuct shall be
determined in the same manner.
IV.
TERM
This Agreement shan be in effect for a period or twelve months from the effective date
oftbe Agreement: unless the agreement ¡!Ie expressly terminated earlier hy both partie!'
V.
f<.FI'ECTIVE DATE
NRH &I1d Watauga aßl'cc that this Agreement shall take effect only upun adoption mtd
ratificalÎon by the governing bodi('~ of each city
SIGNED this the _,14tlday of _ Sell!=~er_
. . J 998
CITY OF NORDI RlCHLAND
lULLS, TEXAS:
CITY OF WATAUGA, TEXAS'
--. -.
Mayor
ATTEST:
A1TEST:
.--
~Vt~)
City Seer
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM AND
LE ALITY:
City Attorney
~6- .~ _
Attorney
2
,
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Public Works
Council Meeting Date: 9/28/98
Subject: Award Bid for Annual Contract for Traffic Supply Materials Agenda Number:
PU 98-56
As part of the 1998/99 approved budget Council appropriated funds in the amount of
$71,000 for the purchase of various traffic materials. Formal bids were solicited for a
company to supply all the required materials under an annual contract. The results are
outlined below.
Roadrunner Traffic Supply
$70,770
$80,242
Lectric Lites
Centerline Supply
$30,837 (incomplete bid)
Vendors were supplied a list of items and estimated quantities to bid on and will be
required to hold the prices for a one year period. Sign blanks, sign faces, street markers,
and reflective sheeting are some of the items included under this contract. Materials will
be ordered and delivered on an as need basis. The bid submitted by Centerline Supply
was an incomplete bid, some items did not meet the minimum specifications and we have
experienced numerous delivery problems with this company in the past. Roadrunner
Traffic Supply met all the specifications and general conditions of the bid. The City has
been doing business with this company for a number of years and they have always
delivered quality materials and within the required delivery time.
Recommendation: To award the annual contract for traffic materials to Roadrunner Traffic
Supply and authorize the City Manager to execute the contract.
Finance Review
Source of Funds:
Finance Director
t Head Signature
Paqe 1 of
. TRAFFIC MATERIALS SUPPLY BID #98-821
BIDDERS AMOUNT
1. Roadrunner Traffic Supply $70.770
2. Lectric Lites $80,242
3. Centerline Supply $30,837 (incomplete bid)
.
.
Advertised in Star Telegram August 27, September 3
Mailed 7 Bids
The following bidders did not respond:
PBS, Inc - very busy, does not have time to complete bid
I.D.C. - no longer supply products
Consolidated Traffic - no longer supply these products, only electronic traffic control items
SA-SO - does not want to bid on contract, but wants to remain on bidder list
CITY OF
NORTH RICHLAND HILLS
.
Department: Finance
Council Meeting Date: 9/28/98
Subject: Award Bid for Annual T-shirt Supply Contract
Agenda Number:
PU 98-57
Formal bids were solicited for an annual contract to supply T-shirts, golf shirts, sweatshirts
and denim shirts. T-shirts are used by various departments as part of their uniform and by
the Parks and Recreation Department for the various sport leagues. Departments order
these shirts as they are required throughout the year.
Bidders were requested to submit bids on various brands, styles and colors, as well as
miscellaneous services such as silk screening, embroidery and creating the artwork that
may be required. Bidders were also required to submit samples of artwork their company
has created for other customers. Attached is a break down of the cost for the various
types of shirts. Also attached is a comparison of the 1998 low bid prices with the 1997 low
bid prices. The quantities listed on the break down are estimated quantities and will vary
from year to year. The successful bidder will be required to hold these bid prices for a one-
year period.
Active Impressions met the general conditions and specifications of the bid and they can
supply the same brands the City has been ordering. The references all gave a favorable
recommendation and would use the company again.
Recommendation: To award the bid for the annual T-shirt supply contract to Active
Impressions and authorize the City Manager to execute the contract.
Finance Review
~rtL=ature
Finance Director
Source of Funds:
Bonds (GO/Rev,)
Operating Budget -1L
Other
Paae 1 of
· Annual Contract for T-shirts
BID # 98-816
Estimated Active Born Absolute Contemporary
Quantity DESCRIPTION Impressions Again Printing Design
2,350 50/50 T-SHIRTS 3.35 4.05 4.79 4.45
1,622 100% T-SHIRTS 3,58 4.60 4,86 4.90
205 100% S/S HENLEY 8.29 9.50 8.59 N/A
50 100% US HENLEY 10.10 10,50 10.08 N/A
290 100% SMOOTH KNIT 10.35 16.50 10.30 15.75
GOLF SHIRTS
285 100% PIQUE KNIT 11.17 16.50 12.60 13.35
GOLF SHIRTS
50 100% PIQUE 2-TONE 14.88 17.00 15.70 N/A
GOLF SHIRTS
· 73 SWEATSHIRTS 9.75 11.00 9.69 10.05
85 US DENIM SHIRT 12.31 18.00 17,00 14.00
Advertised in Star Telegram July 27 & August 3, 1998
Mailed 8 bids
The following bidders did not bid:
CYRK - our contract is too small, they do larger quantities
B.J.'s Custom Shirts - too busy at this time
Taylor'd Creations - too busy, does not have time
Lone Star Specialty - no response
·
. Annual Contract for T-shirts BID # 98-81
Low Bid 98 Low Bid 97
Estimated Active Born
Quantity DESCRIPTION Impressions Again Difference
2,350 50/50 T-SHIRTS 3.35 3.29 +.06
1,622 100% T-SHIRTS 3,58 3.89 -.31
205 100% S/S HENLEY 8.29 8.29 0
50 100% US HENLEY 10.10 9.25 +.85
290 100% SMOOTH KNIT 10.35 13.00 -2.65
GOLF SHIRTS
285 100% PIQUE KNIT 11.17 12.70 -1.53
GOLF SHIRTS
50 100% PIQUE 2-TONE 14.88 14.20 +.68
GOLF SHIRTS
. 73 SWEATSHIRTS 9.75 9.19 +.56
85 US DENIM SHIRT 12.31 15.34 -3,03
.
CITY OF
NORTH RICHLAND HILLS
.
Department: Public Works
Council Meeting Date: 9/28/98
Subject: Award of Bid to Walt Williams Construction, Inc.
in the amount of $148,703.40 for Rumfield Road, Phase"
Miscellaneous Paving Improvements
Bids were received for this project on September 14, 1998 and the low bidders are shown
below:
Agenda NumbeL
PW 98-17
Bidder
Walt Williams Construction, Inc.
J.L. Steel, Inc.
Texas Standard Construction, Inc.
Amount
$148,703.40
$196,628.45
$199,726.50
Calendar Da s
75
75
45
The City and the County will be constructing Rumfield Road, Phase II in accordance with
the Interlocal Agreement approved by Council on July 27, 1998 (PW 98-14, Resolution No.
98-30). The agreement stipulates that the County will provide the labor and equipment for
most of the paving work and the City will pay for the curb and gutter, sidewalks, drainage,
and paving materials. Below is a preliminary schedule for the project.
Clear Right-of-Way (County)
Award bid on Miscellaneous Paving
Preconstruction Conference
Begin Construction
End Construction
September 15, 1998
September 28, 1998
October 9, 1998
October 19, 1998
January 4, 1999
The 1997/98 Capital Projects Budget includes funds for the paving and drainage
improvements for Rumfield Road, Phase II. Currently, $524,800 has been budgeted for
construction of the entire project. Below is a breakdown of the estimated cost for each
section of the total project.
-Miscellaneous Paving Improvements
(curb & gutter, and sidewalks)
-Drainage and Utilities
-Paving work by City/County
Total Estimated Cost of Project
$148,703.40
132,100.00·
120,000.00-
~400.803.4Q
*This portion of the project is complete.
**The City will only be required to pay the actual cost of materials. Amount shown is the
estimated amount.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Otper
?7f~
Account Number 20-02-06-6000
Sufficient Funds AvallaDle
~ ~~. Finao" "'..,,'"
t Head Signature
Page 1 of
.
.
CITY OF
NORTH RICHLAND HILLS
Recommendation: To award the bid for this project to Walt Williams Construction, Inc. in
the amount of $148,703.40 for a period of 75 calendar days.
CITY COUNCIL ACTION ITEM
Page_of _
·
·
·
.
.
KNOWL TON-ENGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth-Dallas
September 14, 1998
Mr. Gregory W. Dickens, P.E.,
Director of Public Works
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3-386C, CITY OF NORTH RICHLAND HILLS
RUMFIELD ROAD, PHASE IIC,
MISCELLANEOUS PA VING IMPROVEMENTS
BID TABULA TION AND RECOMMENDA TION OF AWARD
Bids were taken today for Rumfield Road, Phase IIC, Miscellaneous Paving
Improvements, and three (3) Contractors submitted proposals. The following is a
summary of the bids:
Contractor
Amount Bid
Calendar Days
l.
2,
3.
Walt Williams Construction, Inc.
J.L, Steel, Inc,
Texas Standard Construction, Inc.
75
75
45
$148,703.40
196,628.45
199,726.50
This project includes curb and gutter, sidewalk and other miscellaneous concrete work
associated with the Rumfield Road, Phase IIC, project from Eden Road to Spring Oaks
Drive, The Contractor will be required to coordinate with the County which is doing the
asphalt pavement portion of the street construction.
The first phase of this project was constructed by Wright Construction Company and
included underground utility adjustments and storm drain improvements. The contract
amount was $137,740.70 and the final contractor earnings was $132,054.30, which is a
savings of $5,686.40. The total estimated cost of asphalt and lime stabilization
materials, which will be paid by the City of North Richland Hills, is about $120,000.
Therefore, the estimated construction cost of Rumfield Road, Phase 2, including the
utility and drainage work, the materials cost, and the low bid amount of $148,703.40, by
Walt Williams, totals about $400,758. The current construction budget for Rumfield,
Phase II, totals $524,800, therefore, the total estimated project savings will be about
$124,042, We would note that engineering and ROW expenditures are also under
budget.
1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021.817/283-6211. METRO 817/267-3367. FAX 817/354-4389
.
.
3-386C, RUMFIELD ROAD, PHASE IIC, TABULA TION OF BIDS AND
RECOMMENDA TlON OF CONTRACT AWARD, September 14, 1998
The low bidder, Walt Williams Construction Company, Inc., has performed other
construction work in the North Richland Hills area, including the curb and gutter and
sidewalk work on Rumfield Road, Phase I, from Precinct Line Road to Spring Oaks
Drive, and they have performed very well in the past. Therefore, we would recommend
award of this construction project to Walt Williams Construction Company, Inc., P.O.
Box 4620, Fort Worth, Texas 76164, in the total amount of $148,703.40, for a
completion time of 75 Calendar Days. We would note that the 75 days includes only
the Contractor's time and does not include time by the Country to do their part of the
paving work.
We will be available at the September 28, 1998, City Council meeting to assist you with
answering any questions which the Council may have concerning this project
~w.~
RICHARD W. ALBIN, P.E.
. RWAJra/Enclosures/Bids2c.doc
cc:
Mr. Randy Shiflet, Deputy City Manager
Mr. Larry Koonce, C.P.A., Director of Finance
Mr. Gregory W, Dickens, P.E., Director of Public Works
Mr. Mike Curtis, P.E., Capital Projects Coordinator
Mr. Jimmy Cates, Public Works Superintendent/Streets
Mr. Ken Mayfield, Tarrant County Transportation Department
.
Page 2
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/28/98
Subject: Approve City-Developer AQreement for CIP Water & Sewer Agenda Number:
System Improvements with Sandlin-Barfield Joint Venture
for the Thornbridge Estates V Addition - Resolution No. 98-49
PW 98-18
Sandlin-Barfield Joint Venture (Developer) is ready to install the water and sanitary sewer
lines which will serve the Thornbridge Estates V Addition. The 10" water lines (8229,
8233,8919),8" water lines (8230,8235) and the 10" sanitary sewer line (L-10.3) are
included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by
Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for
reimbursement up to a maximum of $129,837.74. City participation is limited by
percentage to a maximum of $65,300.15.
Upon Council's approval of this agreement and in accordance with the Impact Fee
Ordinance No. 2241, the Developer will be reimbursed upon completion and acceptance of
the improvements. The final reimbursement amount will not exceed $65,300.15.
Recommendation: To pass Resolution No. 98-49.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 02-90-14-6000;
Suffi<:ient Funds Avallaole 405-0000-712.79-00
~rl~ Finance Director
Page 1 of
·
·
·
RESOLUTION NO. 98-49
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached City-
Developer Agreement with Sandlin-Barfield Joint Venture concerning reimbursement for
water and wastewater main construction for Thornbridge Estates V, as the act and deed
of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 28th day of September, 1998.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
.
.
.
CITY OF NORTH RICHLAND HILLS, TEXAS
CITY-DEVELOPER AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TARRANT:
KNOW ALL MEN BY THESE PRESENTS
That Sandlin-Barfield Joint Venture, John W. Barfield, Trustee, of the County of
Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills,
Tarrant County, State of Texas, hereinafter called "City", enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction documents
titled "Thornbridge Estates V" the Developer and the City hereto agree:
1. The developer has paid to the City all processing fees and has furnished the necessary
permits, easements, and right-of-way as required for the construction of the above
referenced facilities. In addition, the Developer has delivered construction plans,
specifications and all other necessary contract documents prepared by a registered
professional engineer, and will also furnish construction surveying, cut sheets and field
adjustments.
2.
The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3.
The Developer agrees to provide, at no cost to the City, all testing necessary to insure
that the construction is in accordance with the project specifications and the City
standards.
4.
The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for'payingthe costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5.
The contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
6.
The City agrees to participate in the cost of the facilities after construction is complete
and accepted. The description and amount of participation is as follows:
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount
agreed upon below, after the construction of the improvements is complete and
ThombridgcV
Page J 014
accepted by the City. If the actual amount paid to the contractor is less than the bid
· amount, the City participation will be reduced accordingly.
WATER AND WASTEWATER IMPACT FEE STUDY
dated July 31, 1997;
Facilities:
Eligible Eligible Bid Participation
Amount Percent Amount
WATER:
10" Water lines: $56,179.73 73.38% $36,261.50 $26,608.69
8229, 8233, & 8919
Bramble Ln.;
Thornway Dr. east
to and including
Thornridge Dr.;
south to Thornbird Dr.
8" Water lines:
8230 & 8235 $28,354.03 73.38 % $14,900.60 $10,934.06
Thornway Dr. from
Phase IV to Bramble Ln.;
· Phase V west to
Thornridge Dr.
SEWER:
10" Sewer line: $45,303.98 80.00% $34,696.75 $27,757.40
L-1O.3
Thornbird Dr. north along
Thistle Ct., Thornway Dr.
and Bramble Ln.
Total $129,837.74 $85,858.85 $65,300.15
Total Max. Reimbursement
$65,300.15
7. The City will provide the inspections as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
·
8.
The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, and employees
ThombridgcV
Page 2 014
·
·
·
from all suites, actions or claims of any character, whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death) or
to any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said developer, his
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said developer, his contractors, subcontractors,
officers, agents, or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of North Richland
Hills, its officers, agents, servants, employees, contractors or subcontractors.
9.
Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is here by vested in the City of North
Richland Hills.
10. Special provisions: None
IN WITNESS WHEREOF. the parties to these presents have executed ~ /tract in
~cors, each of which shall be deemed an original on this the day
o (2 ,1998.
AND - ARFIELD INT VENTURE
STATE OF TEXAS:
COUNTY OF TARRANT:
This instrument was acknowledged before me on
Barfield, Trustee, Sandlin-Barfield Joint Venture.
q-#-9 J
by John W.
Commission Expires:
(SEAL)
Notary Public Printed Name
Thombridgc V
Page J 014
· CITY OF NORTH RICHLAND HILLS
Larry J. Cunningham, City Manager
ATTEST:
Patricia Hutson, City Secretary
·
·
APPROVED AS TO FORM AND LEGALITY
Attorney for City
ThombridgcV
Page 40J4
.
OVE~ o. LOHG & ASSOCIATë3,INC.
1615 PRECINCT lINE ROAD, SUITE 106
HURST, TEXAS 76054
817281-a121
P';¡OJECT
OW'NER
cln
TUORNS';¡loeE PUASE V
SANDLIN I BARfIELD
NORTH RICHlANO HIllS
1-12-98
REQUESTED CITY IMPACT FEE PARTISIPATIOH FOR C.I.P.
THORN9RIOGE PKASE V
YATER IMPROVEHENT
10" IIATER 6229 (19' l.F. of 1171 L.F.)
10" WATER 8233 (305 l.F. of 79~ l.F.)
10" W.TER 8919 (1151 L.F. of 1167 l.F.)
=============:~..__....._.._::=::~=======..================::=:=============:==============:========:;=====:
=:=:::=::=====:====-=......=::=_::=:===-======:==::=============:=:=============:=========================::
ITE~ QUANTITIES UHIT DESCRIPTION OF ITEM
UHIT PRICE
TOTAL PRICE
.
1
2
3
t,
5
6
7
1650
5
2
1.2
1
1650
I
L. F.
EA.
EA.
TOH
EA.
l.F.
loS.
10" IIATER MAIN
10"0U) GATE VALVE
STD_ FIRE HYDRANT
DUCTILE IRON fITTINGS
ceNHECT TO EXISTINe SYSTEM
PROVIDE ANO EXECUTE TRENCH SAFETY
CEMENT STABILIZEO CHANNEL CROSSING
$15.00
S6S0.00
1900.00
52,000.00
5100.00
$0.10
$500.00
$24,750.00
$1,250.00
SI,SOO.OO
$2,1.00.00
S100.00
5165.00
S500.00
=======================::===============:::::==============::==:=========~=:=:=:=:=:==================:=====
SU8-TOTAL VATE~ IMPROVEMENTS
S32,~5.00
c=========================================::==:======:======:=================:=~========:===========~~=====
10~ ENGINEERING AND SURVEYING
13,296.50
TorAL WATER IMPROVEMENTS PHASE V
SJ6, 261. 50
.
·
·
·
PROJECT THORNBRIOCE PHASE V
OU~ER SAHOlIH I BARFIElO
CITY NORTH RICHlANO HillS
IIATER
IHPROVEHEHT
OVEU O. LONG ¿ ASSOCIATES, INC.
1615 PReCINCT l¡~e RDAQ, SUITE 106
HURST, TEXAS 7605'
817251'8121
REOUESTEO CITY IMPACT FEe PARTISIPATION F~ C.I.P.
THORNBRIDGE PHASE V
au \lATER 8230
8" lIo\TER 8n5
(210 l.F. of 1096 l.f.)
(750 L.F. of 809 L.F.)
1'12-98
~=~~~~~;;=======....;~;;~=========~====;===========================~~================;;========;===~========
ITEM OUANTITIES UNIT oeSCRIPTION OF ITEM
UNIT PRICE
=~=~=======..__._._===========.a:.======;======;=====~============;====;======;==;;;==========;===~=========
2
3
4
960 L.F.
3 EA.
1 EA.
960 L.F.
8" WATER MAIN
a"(HJ) GATE VALVE
CONNECT TO EXISTING SYSTEM
PROVIDE AND exeCUTE TRENCH SAFETT
512.50
S450.00
S100.00
SO.10
TOTAL PRICE
S12,000.00
SI,350.00
SI00.00
$96.00
...=========~=========;================================~=~=================================================.
SUB-TOTAL \lATER IMPROVE~ENTS
lOX ENGINEERING AND SURVEYI~C
$13,51,,6.00
==;;===========================================================================================:======:====:
8" IJATER IMPROVEMENTS PHASE V
TOTAL IJATER IMPROVEMENTS PHASE v
$ I, 351".60
51'.900.60
551.162.10
·
·
·
OWEN D. LONG & ASSOCIATES, INC.
1615 PRECINCT LINE ROAD, SUITE 1D6
HURST, TEXAS 76054
(817)281-8121
PROJECT: THORNBRIDGE ESTATES V
OWNER: SANDLIN / BARFIELD
CITY: NORTH RICHLAND HILLS, TEXAS
2/24/98
SEWER
REQUESTED CITY PARTISIPATION IMPACT FEE C.I.P.
THORNBRIDGE PHASE V (10" L-10.3 1230 l.F. of 2025 l.F.)
IMPROVEMENTS
=============================================================================================================
ITEM
QUANTITIES UNIT DESCRIPTION OF ITEM
UNIT PRICETOTAL PRICE
=============================================================================================================
1 486 l.F. 10" SEWER MAIN 10'·12' DEPTH S19.00 S9,234.00
2 735 l.F. 10" SEWER MAIN 12'·14' DEPTH S22.50 S16,537.50
3 1 EA. STD. 4.0' DIA. MANHOLE 0'-6' DEPTH saOO.OO S800.00
4 4 V.F. EXTRA DEPTH STD. 4.0' DIA. MANHOLE OVER 6' saO.OO S320.00
5 2 EA. STD. 5.0' DIA. DROP MANHOLE 0'·6' DEPTH S900.00 S1,800.00
6 12 V.F. EXTRA DEPTH STD. 5.0' DIA. DROP MANHOLE OVER 6' S90.00 S1,080.00
7 1 EA. STD. CLEANOUT S350.00 S350.00
8 1 EA. CONNECT TO EXISTING SYSTEM S200.00 S200.00
9 1221 l. F. PROVIDE AND EXCUTE TRENCH SAFETY S1.00 S1,221.00
-------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------
SUB TOTAL SEWER IMPROVEMENTS
S31,542.50
10X ENGINEERING AND SURVEYING
S3,154.25
=============================================================================================================
TOTAL SEWER IMPROVEMENTS PHASE V
S34, 696. 75
.
.. '
r
I
'
r
"6,]
'.'
~ 73.:'-
~
-.
/-
I
.:::.. ¡: ~'-
,--
r '" ,
.5-2 =54 lJ ",,ji~ "..,~=~::;,.~:'::.547(})i:, ;,:::c.ò'~"'_"-"'~ 2,¡ 08 i
8S07
-. r
~ 8¿]7
~,.
DÅÝ7s~
2.0 /riG ES
:-:
. i.·~':;"~';1."'i'~~~ ~~:(. ...~:~~:;
'.,.----
...~
;
"
~
.... ~
'.
8810
39'28
- 8924
~~--.
I
I
- ,;: ¡~':: .~~:'~,:
, I
,
I
I
I
!
I
I
'" '. '
". ".', ',,','.:-
.',.>", .'"
880t':,>.
, -'.
_n._____ _
. ,
, .
, '
, ~. ~c.' .
:E!' F'.FiZ5"1 ::,J~"i
: '"
r '
, ,
ð~~J
'>
':
L
~'
o
01
IX)
~
\¡
,
~
I
I
I
I
I
I
I
I
1 (jP.89ro
I
I
51331
1 (jP.82J4
....,/...,J
Bô:>.: ':"
~8~~
¡J.::.;;:,.
--------
I ·
, . I ~ ,0
:¡;---------~
:'J;;
- '.. "-_...--
~
"1
C/')
-----
10
"1
CoJ
Q)
, ,
..- --..-- '..---
-
"
, 'C/')'
"1
C/')
-
.'
---
. .'.',
!7~ r
~ß,~i
C\
o
01
Q)
~...- . . -.. .
..
.
.
CI)
w
>-:z:
0-
-...¡
cn¡::a::
-"I) ""
...Jw~
;:~~
00]
Or::.. .
:J-:
ZwU;
<wo
...J"-w
<zt;2:
~u<5
o-c...,
zc:;;;c::
W.,..c::uJ
...J-wa::
~~~i3
~c::~~
°w~
zt-LI...!
"-~~
O~U1
00
>-zu
~«d
-:::~
u~~
3;¡:::
en
uJ
.
~cri I
U en I
~<;::;
dŽ:::.1
c:: 0 I
Q. Z J
a::
~ . ¡
g::;-.:
W W 101
~~:!:,
0< I
,
:i
t- ~ ;;OJ
z~'
~ol
"'z
o I
Ë cri I
_w....
UW~I
(I)::J
(I) r
: I
~a::w;:;;
ü 0 Gi ::.:
o I
. ~~
ã~~~
z~ul
0.:-;a::-1
~~~3
CLC.> ¡
. ¡
~OJ~ I
of8Ø)ãi
N en 0 _,
a::ct)U-¡
>- < j
~: I
211J~~
¿: I
>- « I
I
I
:i:;;-1
~o'"
°u-'
... I
I
t-.... !
-(1)-
zo~
;:)U I
~~ ¡
~::i~
~"- j
en
:Ë W ,
~Õ~
Oz I
- I
oW-J
ZO....,
w~ï
zwJ
t30~
....0 ,
en z I
w . :
a.. 0 ;;-:
ã:.'Z-:
e _
«0 _'
t.:) z-;
~..,
.,.,
co.
n
'"
-
o
""
o
....
o
...
:>
w
o
.,.,
.,.,
co
ri
.,.,
...
.....
8
'"
^
o
on
"'''''''
"'0_
-....co
~Fici
""....;1
~
o
o
o
'::!:.'::}!~
«,==
""n...,
C-;M~
...... ...
""
'"
co
.-;
'"
...
.........co
coco",
"'0\<0
at" Iri rJ"Í
n",.,.,
... ....~
""
N
o
~
"'''''''
'" """
000
,. ... ,.
""
'"
M
~~~
C'aCC'"1
CD
co co co
.....
"" "" '"
ë;;;8
coco=>
o
co
co
o
co
00>""
I()...._
- - CD
M r> ""
o
...
'"
""
-"'co
--N
N N C>
""""""
""
~..,
:>:>:>
www
000
I()C>CI)
CD,... 0
Ii')....""
;?g~'
.... ""
.........
0>0\",
~~~
000
..........
10.."") C') co
CD.....o
on I() co
oai~;
- --
.. ...
Nona:>
NO~
-,. ""
C)"c·o·
~~;1
000
'" ... ....
:I.~-;;'
a:> a:> co
M<"'>M
MMM
...........
;:;8~
.., --
(Do. ....; 0:;
~~:;
000
v.....,.
u:iu:io
.........
~~~
on",~
0C>0
---
""""<D
"'ON
Q:)O<D
COa:>""
§~8
":"00 ""
"'CON
N_....
"'''''''
COCO""
<.:>
....-.....
....M...,
Il'>U)M
c\ _.,...,,-
-M....
.... .... ...
...... ...
0>"'",
0>"'0>
011')0
"'''''0
o....co
"'..-·0·
....-'"
.... ...
GiGiGj
000
0""0
"".....0
0....""
"'--..0·
--N
... ...
...-.....
....MM
'''HC''..,
Q-"ro-.--
-Mt....,
-........
g:~~~
-"q"'II:"'O
co" ai 0- ","
~~~~
~~~
~~~~
000
...........
0000
........,...".
:>:>:>:>
wwww
0000
"Q')cDc.c
It)to-tD...
COW')I,()_
~.~~~
... ... ....
"""COCOa)
C')Q)Q)Q)
~~~~
~~~~
-·...0
rz:iœc;·,...:
Mtn.n_
-.""....
~~~~
c:Qc:QCQCQ
MMMM
r;nMM
r- ,...,. " ,....,
M...~O
;g8õ~
Ñ-·-·ñ
I.t")COCZ)C'\i
..........
tl)U')OO
""'N...~
OOu:i",
""........~
M-'<DO
~-~O
NO.....W")
--",.--.
CJ'COOQ
--
a::IMc.c'"
<D<oo_
tD-oo
CCMMc::J
C'tM1,(')C'a
tCC""')__
¡g:ggg
ao__N..,.
--M~
Q)CONN
COCDIZ)CO
.....
"':1'001'.:)
'"-1" c.:: r--
I:) U)...,..-
M·-·--r..::J·
-NNtI't
--....
c-<::>
"'-...,
"'....
o·~·
... ...
0'07.....
..............
""I()
r::£n·
N..,
... ....
....-<::>
O-M
- ~'") ..
<.:>'oaj
~.......
"'....to-
""..........
M""on
~·r:::rM·
...."'....
............
t~è
ÜUU
õ;:~
-on....
t:ior:;Þ
... ... ...
COCOa)
"""'''''
C>O\'"
"'.......
e>..........
M"'",
.·rÒM·
...."'11')
...........
~'$;!!.
coco CO
""nM
riMn
.............
""......
C\co_
........0
QO>..,'
<:I...,.....
.... '" ...
""......
NNN
000
V........
M_...
oco-
¡,().Q~
COCla:>
"'N...
00...,
00<0
a) co CO
00'"
000
ggg
NM...,
000
"'NN
a)==
M
'"
:::>
....
~
'"
~
~~~~~~~
C)N~MN_M
~'g,;;'~~~o;i
"" 4A 41441;11.....
<::>
...
.....
ci
to
....
OCQr--Ot:)o~
M""'-COCO......_I,()
-N~O,....,NM
-" ......" t:Ö N" ,.,,. t:J" Ñ
;¡:;:t:;;¡~;¡
o
....
0000000
.....,.".....~.....,..
o
....
0000000
.....~.,..........
:>
w
o
:>:>:>:>:>:>:>
ùJùJWWLuwW
0000000
co
V
Q
N
N
...
-=:c::JNMQI.t')
¡;:~~~~~:S¡
.... f:: . ,...... ..,... r:i M &l'i
-"--M___
~ .... .........,
""
C>
'"
cocc CD a) coc co
"'''''''0\''''",,,,
O\cnOl~O'ICJ'\O'a
-.....-----
<0
.....
":.
o
~
g~:;g~~:ç
-~W')O.....NM
..: ,.....'" C N'" ..... c:i ~.
~~~~:;~~
-¡e
CO
M
<"'>
.....
;!!.~~~~~;!!.
C:OC::) co co a)=
MM~M"'MM
MMMMMMM
,......,....,...,.......,...,..,.,
....
'"
CO
",'
a:>
...
-tOMNC"J¡,....m
~.hÑ~ö~;::
:g- ~-; ¿ ~ -" a ".
...~;;~~~~
o
"':
<0
....
ov-.OW'\&t')..,,,,,
~N"'NNN('\4
oou:ioooo
vv'Vv~......
""
co
......
~~~g~~;!;
N".n~~W'!~v.
~
oeolZ:JCIOCOCO
'"
.....
tD
=
.....--Na:2_....
-N-I"fONO
<':>ONt:>Oc:;l0
coao",co coc:: =
.....
M
æ¡
o-.""""'-NI.I')N
ª--NNNN
OOCOCOtOco
CQca~coc:ac::J
N
M
C>
=>
N,....nO'l"""CDCIO
NNN-C"IW'1_
NOt'olNNCION
c:mccocccoa:::
V
N
It>
'"
-c::)V...,....M
tOoo-o...
<=JQ~~c"
f:Ò u; ...'" ~'" ::) _'"
-~--..,.-
c"oIþ .,.~ ..,.
=:JV-"tT~_
NO'Ir-nMI""-
C')c)COf'ooo.OM
tn· C""; oi c) ,....: r'\I-
VNnMNM
.,.......-t...........
~~~~a~
~£~~~a
?;ajGiGiGiGj
000000
-:g~:!b~
~CD""IEO""-
¿U;V~:a1'"_'"
-...--.....-
~ .,.~ -.
,...,....co....,...,...
g:g:g:g:g:g::
------
e..,,_......._
NC\"M"'"",
Q)CCO"-ot""t
~'" r-) at ai ....... co.'"
....N"'n"'....
.,.,44..........
~"$.;;:)':"t:";/!.
I::IClJCOCOCQCC
("")MMMMc-')
MMMMMri
,..",..",...,,...,,..........
C>~~~~:!
:¡i¡....M-a:>_
f'I. r.; ...,,: ~. rzj ..,.'"
~~~~~J;
W')fIt)Ooo,,",
NN......,..'"
60cOcOtOO
..~""'..""".
:g~~:D~~
"'1a:J -.-:"""q
=cg~~9C1O
tONNClQOQ)
N--Nr')N
:g:¡¡:¡¡:R:g:g
c.o""""'NCO=
~'N--NN
COr:)OO<oC,O
COCOCDU)CDa:)
""W"tQ')(ftMO
.n,.,N_Mr)
eNNC"IN'"
C::)CQcocoaoC)
~ ntH
~..,
......
"'.
V
~
~~ðJ;g
M-CC,..c=
~~·~-~·R
WIt..,......,...
o
...
M.MMO
-,..t:),...._.."
..,.~M-Q
='" M :::j crJ'" ,....:
~¡¡~:>~
o
...
00000
-...4fIto......
o
...
00000
.........""'...
:>
UJ
o
ai~GjGi¡:;j
00000
10
.....
'"
v'
v
...
0::10....-.:-<.:>
-"'0"'=
r'J-CO,-c:J\
ci N' ..¡ ,.... ci
---N-N
~..""'''''"
.....
o
C>
N
^
§gggg
C"INC"oINN
o
...
~~~~~
.......M-a)
r:o'" ~'" .; øo· ,...,.
~~~;t~
~
8
o
i'-'i!-;l.,; !'#,
CCCO«:aCOCD
t"")MMMf""')
C""tMMM.-)
,..........,...,.....,....
...
.....
'"
..¡
~
-,.,,....,...,cc
~:&::~~
:s:' ori M' .n cD
....~z:~:;
....
N
6
;1
8
"6")1I1&n..r)..r)
"''''ClNO>
oo~o...:
~~CO..,.ca
t"'JM"""Q)C'\f
~~~~8
-'
co
COCOgCD~
....
o
M
""'................
Q-.....--
-f.OCOCOO
ncococo,.....
o
o
a)
.....~~~~
~-..."'..,
COnMC:OCO
o
N
co
OO","')\t')~
Mt'oINOO
M"'NCeo
fOCOG)CCCD
N
....
....
...,
v
o
<:
...,
c:
Ii?
ë:
...:
a:>
...
~
...
~
~
N
~
~
,
ë?
z
o
....
o
...
:>
u.;
C
v
o
-'
""
...
§
N
^
o
...
'õt
o
o
o
....
o
-'
co
..
.,.,
N
o
....
~..,
o
..,¡
co
<0
...,
<:)
a)
CD
o
...
~
c..
...
W')
....
o
co
C>
~
o
o
on
co
CD
...
...,
/
.
, , , I
' """- ÂG{'€TtJO ST'~::"~~~l~
Õ -~"--;--;--. : - -- . ... ~':'èb>1
I g{ ,,"' t<~~ I
' --, ,'- -~o- ~~: ~:,' -. qj ,:~, t : : 'i
'-,. h",. - . :'~:<t ,<~:'::J~~',:::
r§Þ , " " '" ',,'- t"""
tV ,«~:~,¡ ~~:~
.~ ",
.~'.-
I
i
"
Ry
.;:.
-"-.--
. s\:'::{3~è~K\~;~;'fi
'\ "-: I ,
,\ ,,' y':'
~' \ '...
~ ' '. ~_''':__~_}'_:2-J -·s~;_, :-L".._ h,
i------. ,\:,: ',"', I
;.,j ", ' r - 1"':,;--.,,' I
h> :::'1" t,,'<:, I
. :-r:r" I ~
I ¡
\ l
I I
I I
I I
\ I
- I I
. ,
-', ...
'.';--:.:.~--.
:.:!
~'.~._----
:':·'t.---.-...
, ,
~:j
'. .~_.- .
.'-~:'-'
.:~,_. -
..-'
..-'
--
,-
,-
J
I .
I
'. ~ ":', . , " . ,
f ,."....,
I
I
j
I
,
I
I '
I
I
I
\
I
I
I
,-~-------- --;
I
I
I
I
!
. 112trlrLL1 0.6
i
I
..:.. J -
----1
1950'ErL-10.7
--, ;;~~'~-~
f, "--
<
ã;
,
~-
7
t."
. :.
I
..J
\)
'0
I..,.
~ ~
- ----..--
,-
~,
~ f
::-
, ~
oo ~ N 0 .., '" '" 0 ,.... .... C> '" .., '" ,.... '" 0 0 Q 0 0 0
~CIi '" :! ... N ,.... oo '" ao .... .., ;: c> '" '" .... "' .... 0 '" ... ..
"', 0 '" '" "', .., .." ,.... N ,.... ...., '" .... ...., ,.... N 0 .... '" 01
(J", .... ",' ....' <:i ai .... 0;)' ,....' .... oo' <:i oo' ,....' ....' ",' N' .... ... ",' ",' 'ri ",' ~
J ~~;::- N ... ... ... ... ... ... ... ... ... ... ... .... ... ...
02::" ... ... ... ... ... ... ... ... ... ....'
a:: 0 '"
a..Z ~
, a:: ~
w oo '" .... 0 0 '" c::> .... '" .., '" '" oo '" N '" .... .... '" "" '" 0 N 0 W
a.. .... e> 0 ... '" N oo ,.... '" "" .., C> N .., .... '" .... .... .., "" ,.... ... 0 0 ... V)
ocli '" ,...., 0 '" ,.... .... .... 0 .., "', '" '" <D. ~ .... ...., .., "" <D. '" N I
......"'- ,....' ,.... <Ii ai ..,' ....' ",,' <ri ,....' ",' .... N <ri '" '" ,~. N' ,¿oj N'
ww'" <0 .... '" ,.... '" .... .., .... N .... '" oo '" <0 .., .... .... <"> '" .., N N 2
.. ... .. .. ... ... .. ... .. ... ... ... ... .. ... .. ... .... ... ... ... ..
> en::.. Z
w",
0<
0 0 0 e> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ....
I cIi ... .. ... '" .. .. ... ... .. ... .. ... ... ... .. ... ... ... .... ... ... ... ... .. '"
"', ..,
'" ,.... ",'
~~¡¡;- .... ...
uz::" ..
wO
-'Z
0
I a:: 0 0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo
a.. ... ... ... ... ... ... .. .. ... ... ... .. .. ... ... ... .. ... .. ... ... .. ... '"
~cIi N, .."
-"'- .., Ñ
(Jw.... N
"'~ .. ...
",-
<
:I ~ :> :> :> ::> :>
~a::w¡::;- ::> :> :> ~ :> :> :> ::> :> :> ::> ::> ::> > ::> > ::> ::> ::> ~
w w w w W w w W W W W W UJ W UJ UJ W UJ W W W W W
ü°a'i::. 0 0 0 ü 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 ü
0
I th "" '" N '" .., '" '" 0 ,.... .... (II '" .., ;;; N ,.... ,.... N 0 0 '" 0 0 ....
W '" '" .... <D N ,.... "" '" "" .... .., '" "" '" ,.... '" .... 0 ..., '"
Z...... cti "', 0 "', "" '" '" .., .., ,.... N ,.... ..... "', .... ..... ,.... N 0 .... '" ..,
~<z:n:;;Ñ .... <0' ,....' ,.... ",' ",i ,..... 0;)' ,....' ....' ",,' ",' ",,' - ,....' ,.... N N' .... ... ,¿oj ",' ",' oñ ",'
N ... ... .... ... ... ... ... ... ... ;; - ;; ... ... ... .... ... ... ...
a:bo",o~ .. ... ... ... ... ... .. ...
>-w~z",(J-
I 0;: <
"'~~
......"'>- g ,.... ,.... oo '" oo oo "" '" '" ,.... '" at N ,.... ,.... ,.... Õ N 0) .., ,.... ,.... oo '"
~";a:_ '" '" '" '" '" '" '" '" '" (II (II '" 0 '" '" '" 0 '" 0 0 at '" '"
......wa: oo<~ 0 '" '" '" '" '" at '" '" '" '" (II '" 0 at '" 01 0 0 '" 0 0 (II '" '"
:ï:~~ N N N N N N
a:a:w::,. ^
0- a..a..>-
I og;~ '" '" .... 00 0 '" oo .... ..., .., '" '" '" '" N '" ,.... .... '" 0) 0) 0 N Õ ""
Zwth .... '" 0 '" N '" ,.... '" '" .., '" N .., .... <0 .... ,.... .., "" ,.... ... 0 '"
~~~ '" ,.... 0 N oo ,.... .... .... 0 .., "', '" '" "', "', ,...., ...., ..,. oo <0, '" N .."
:gcri~ ,..... ,..: <Ii ..,' ",' ri ,....' oo' <0' ,..: ...,' .... N' ",' '" "" .... N' ...,' N
'" .... '" N ,.... '" .... .., .... N ,.... '" <0 '" <0 .., .... .... .., '" .., N N N
"!=~tJù oCl)(/)_ .. ... .. .. .. .. .... .. .. .. .. .. .. .. .. .. ... .. ... .. .. .. .. ..
N~O~
.. ;;~~ß a::",(J-
za:~~ >-<
, ~~ffig rø' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ot ~ ~ ~
~~~a: 0'" . .
0'" N '" at 0 ~ 0) oo 0) ~ 0 0 '" oo 0 0 0 <0 <0 0) '" 0 0 0 '"
~a:s:w ~~~§: 0 <0 oo oo 0 0 '" 0 0 0 '" N 0 ,.... 0 0 0 '"
°wa: ..; a; 0) N N a; a; '" a; <D 0 0 <0 ..; 0 0 0 <D '" '" '" 0 0 0 <D
I z~::I a:", ,.... '" 0) .., '" 0) 0) 0) 0) '" '" '" ,.... "" oo '" '" ,.... 0) '" "" '" '" ,....
"'~ >-<
u.~~ '" '" '" .... .., .... N .... 0 .... .... N .., 0 .., '" '" '" oo <0 N N N
0 '" .... '" ,.... .... 0 .... '" ,.... N .... .... ,.... 0 '" .., '" N '" .., .... 0 ..., ...,
°o~ ......~ ..., 0) ,.... .... .., <0, .... ,...., '" N. N, '" "', '" 01 '" 00, <0 '" 0 0 ,.... ,....
N ..,' ..,' 0' ",' N' ",' .... ..,' ..,' ,....' ..., <3>. 0' ri ..,' ",' ",' N' ,..... ,....'
>-z~ <",- '" '" <0 .... '" '" '" .... ..., .., '" '" '" '" '" .., <0 '" .... 0) .., .... .., N N
~<th bO~ .. .. ... ... .. ... .. .. ... .. ... ... .. .. .. .. ... .. ... .. .. ... ... .. ...
I -a:o ~(J
(JWU
~o
~~ N N N N N N N N N N '" N N N oo 0) N N N N '" N oo N N
~ ~~ N N N N N N N N N N .., N N N .., '" N N N N ..., N .., N N
-"'- 0 0 0 0 0 0 0 0 0 0 cD 0 0 0 <0 .., 0 0 0 0 .., 0 cD 0 0
58t:. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .., .... .... .... .... .., .... .... .... ....
I ¡:: ... ... ... ... .. .. .. ... ... ... ... ... ... .. ... ... ... .. .. ... .. ... ... .. ...
th
W 0 0 0 0 0 0 0 0 '" 0 ..., 0 0 0 0 0 on 0 0 0 0 0 0 0 0
~
~~ 0 .... ,.... '" '" ..., ,.... ~ N '" N N N '" ..., '" .... .... 0) 0 N '" (II '"
.., .." "', ,...., "', .." .." ,.... 0 0 0 "', "'. "", .." 0, 0 -, -, '" '" <0
t:) UJ- N' N' -' N' N' N' -' N
ZUJ~
wu.
......
I ,'" '" oo '" '" oo '" '" oo '" '" 0 '" '" '" ~ <0 0) '" 0) '" '" '" ~ '" '"
:I;~-
~(J~
o~
I < 0 0 0 0 0 0 0 0
w- åJ .., .., , .... riJ riJ riJ riJ riJ ,.... - <Ó .;
a:~ ..:. ..:. ..:. ..:. ..:. ..:. ..:. ..:. ..:. ..:. ..:. ..:. N ..:. ..:. ..:. ..:.
0< a3 ...... ...... -' -' -' (J (J -'
w
~
'" a: a: a: a: a: a: a: a: a: a: a: a: a:
a: a: a: a: a: a: a: a: >- >- a: a:
I w a: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~w ~
<:1;- a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 a3 m a3 a3 a3 a3 a:I
~<::!. a:I UJ W UJ UJ UJ UJ UJ W UJ UJ W W UJ UJ UJ UJ UJ 0 0 UJ UJ W W W
C> -' -' -' -' ...... -' -' -' ...... -' ...... ...... -' -' -' -' -' -' -' -' -' -' -' -'
z -' -'
ãi Ë ~ ~ ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ < < ~ ~ ~ ~ ~
-' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u u ~ ~ ::¡ ::¡ ~
I N .., .... '" .., .... .., N '" 0 N '" '" ....
W, N ::E
. a..OÑ åJ .., .., -or 0 0 ,.... ~ 0 ~ - '7 <Ó 2 ~ 0 <
ä:Z- ..:. ..:. ..:. riJ riJ riJ .;, riJ ..:. - .;
a:I -' -' -' -' -' -' ..:. ..:. ..:. ..:. ..:. ..:. ..:. (J N -' ..:. ..:. ..:. ..:. '"
u ....
I '"
0
'" on '" .., .... ..., '" ..., ..., '" '" <X) ,.... .... ..., '" '" '" '" N .... .... .... .... ,.....
0 ~
-o- N N N N N N N f N N .., .., .., .., .., .., .... .... .... .... .... ....
:3Z::' 0
Õ
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/28/98
Subject: Approve CitY-Developer Aqreement for CIP Water & Sewer Agenda Number:
System Improvements with J.B. & J.B. Development Family
Limited Partnership for the Thornbridge East Addition _
Resolution No. 98-48
PW 98-19
J.B. & J.B. Development Family Limited Partnership (Developer) is ready to install the
water and sanitary sewer lines which will serve the Thornbridge East Addition. The 8"
water lines (8230, 8905) and 8" sanitary sewer line (L-1 0.1 0) are included in the Water and
Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers,
Inc. The improvements as outlined in the Study are eligible for reimbursement up to a
maximum of $91,731.81. City participation is limited by percentage to a maximum of
$36,199.32.
Upon Council's approval of this agreement and in accordance with the Impact Fee
Ordinance No. 2241, the Developer will be reimbursed upon completion and acceptance of
the improvements. The final reimbursement amount will not exceed $36,199.32.
Recommendation: To pass Resolution No. 98-48.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 02-90-15-6000;
Sufficient Funds Avallaole 405-0000-712,79-00
~- Finance Director
Page 1 of
.
.
.
RESOLUTION NO. 98-48
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached City-
Developer Agreement with J.B. & J.B. Development Family Limited Partnership
concerning reimbursement for water and wastewater main construction for Thornbridge
East, as the act and deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 28th day of September, 1998.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
.
.
6.
.
CITY OF NORTH RICHLAND HILLS, TEXAS
CITY-DEVEWPER AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TARRANT:
KNOW ALL MEN BY THESE PRESENTS
That, J.B. & J.B. Development Family Limited Partnership, a Limited Partnership,
John W. Barfield, General Partner, of the County of Tarrant, State of Texas, hereinafter called
"Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter
called "City", enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction documents
titled "Thornbridge East" the Developer and the City hereto agree:
1. The developer has paid to the City all processing fees and has furnished the necessary
permits, easements, and right-of-way as required for the construction of the above
referenced facilities. In addition, the Developer has delivered construction plans,
specifications and all other necessary contract documents prepared by a registered
professional engineer, and will also furnish construction surveying, cut sheets and field
adjustments.
2.
The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3.
The Developer agrees to provide, at no cost to the City, all testing necessary to insure
that the construction is in accordance with the project specifications and the City
standards.
4.
The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for paying the costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5.
The contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
The City agrees to participate in the cost of the facilities after construction is complete
and accepted. The description and amount of participation is as follows:
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount
ThombridgeEast
Page J 014
agreed upon below, after the construction of the improvements is complete and
accepted by the City. If the actual amount paid to the contractor is less than the bid
. amount, the City participation will be reduced accordingly.
WATER AND W ASTEW A TER IMPACT FEE STUDY
dated July 31, 1997;
Facilities:
Eligible Eligible Bid Participation
Amount Percent Amount
WATER:
8" Water lines:
8230 & 8905 $40,531.75 73.38% $17,422.02 $12,784.28
Thomridge Dr. from
Phase V to Hallmark Dr.;
Hallmark Dr. south to
south property line.
SEWER:
8" Sewer line: $51,200.06 80.00% $29,268.80 $23,415.04
L-lO.lO
. Phase III east along
Edgemont Dr., to
Precinct Line Rd.
Total $91,731.81 $46,690.82 $36,199.32
Total Max. Reimbursement
$36,199.32
7. The City will provide the inspections as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8.
The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, and employees
from all suites, actions or claims of any character, whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death) or
to any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said developer, his
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said developer, his contractors, subcontractors,
.
ThomhridgcEast
Page 2 of 4
.
.
.
I officers, agents, or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of North Richland
Hills, its officers, agents, servants, employees, contractors or subcontractors.
9.
Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is here by vested in the City of North
Richland Hills.
10. Special provisions: None
IN WITNESS WHEREOF. the parties to these presents have executed ~s :;2:tract in
f? cop-each of which shall be deemed an original on this the day
o ~ ,1998.
J.B. & J.B. DEVELOPM FAMILY
IMIT D ARTNERS
STATE OF TEXAS:
COUNTY OF TARRANT:
This instrument was acknowledged before me on q -J.-J- -1 Ó by John W.
Barfield, General Partner, J.B. & J.B. Development Family Limited Partnership.
Commission Expires:
ø . /J~ 1;-
/ á·llri~ ~Ú - C'ft¿ 1..4
Notary Public Signature
(SEAL)
Notary Public Printed Name
ThombridgeEast
Pagl! J 014
.
.
.
CITY OF NORTH RICHLAND HILLS
Larry J. Cunningham, City Manager
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY
Attorney for City
ThombridgcEast
Page -4 oj -4
.
O~EN D. LONG & ASSOCIATES, INC.
1615 PRECINCT LINE ROAD, SUITE 106
HURST, TEXAS 76054
817 281-8121
2-5-98
PROJECT
mJNER
CITY
THORNBRIDGE EAST
JOHN BARFIELD, General Partner & Trustee
NORTH RICHLAND HILLS
REQUESTED CITY IMPACT FEE PARTISIPATION FOR C.I.P.
THORNBRIDGE EAST
~ATER
IMPROVEMENT
8" ~ATER 8230
8" ~ATER 8905
(877 L.F. of 1096 l.F.)
(130 l.F. of 1200 l.F.)
============================================================================================================
ITEM QUANTITIES UNIT DESCRIPTION OF ITEM
UNIT PRICE
TOTAL PRICE
============================================================================================================
1 1007 l.F. 8" \lATER MAIN S12.50 S12,587.50
2 1 EA. 8"(MJ) GATE VALVE S450.00 S450.00
3 2 EA. 6"(MJ) GATE VALVE S350.00 S700.00
4 1 EA. STD. FIRE HYDRANT S900.00 S900.00
5 0.4 TON DUCTILE IRON FITTINGS S2,000.00 $800.00
. 6 3 EA. CONNECT TO EXISTING SYSTEM S100.00 S300.00
7 1007 l.F. PROVIDE AND EXECUTE TRENCH SAFETY SO.10 S100.70
============================================================================================================
SUB-TOTAL \lATER IMPROVEMENTS
S15,838.20
107. ENGINEERING AND SURVEYING
S1,583.82
============================================================================================================
TOTAL \lATER IMPROVEMENTS THORNBRIDGE EAST
S17,422.02
.
.
.
.
PROJECT:
miNER:
CITY:
SEilER
OIlEN D. LONG & ASSOCIATES, INC.
1615 PRECINCT LINE ROAD, SUITE 106
HURST, TEXAS 76054
(817)281-8121
THORNBRIDGE EAST
JOHN BARFIELD, General Partner & Trustee
'NORTH RICHLAND HILLS, TEXAS
IMPROVEMENTS
REQUESTED CITY PARTISIPATION IMPACT FEE C.I.P.
THORNBRIDGE EAST (8" L-10.10 1277 L.F. of 1515 L.F.)
2-5-98
ITEM
======================================================~======================================================
UNIT PRICETOTAL PRICE
QUANTITIES UNIT DESCRIPTION OF ITEM
===================================:=======:=================================================================
1 293 L. F. 8" SEilER MAIN 6'-8' DEPTH $15.00 $4,395.00
2 900 L.F. 8" SEilER MAIN 8'-10' DEPTH $17.00 $15,300.00
3 80 L. F. 8" SEilER MAIN 10'-12' DEPTH $19.00 $1,520.00
4 4 EA. STD. 4.0' DIA. MANHOLE 0'-6' DEPTH S800.00 S3,200.00
5 9 V.F. EXTRA DEPTH STD. 4.0' DIA. MANHOLE OVER 6' SSO.OO $720.00
6 1 EA. CONNECT TO EXISTING SYSTEM S200.00 $200.00
7 1273 L. F. PROVIDE AND EXCUTE TRENCH SAFETY S1.00 $1,273.00
-------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------
SUB TOTAL SEIlER IMPROVEMENTS
10X ENGINEERING AND SURVEYING
$26,608.00
S2,660.80
=============================================================================================================
TOTAL SEilER IMPROVEMENTS
S29,268.80
.
!2,,.....,, '
I
I
I
I
¡
,
I
¡
¡
I
I
I
I
I
i
I
17
-t-:-
;:- I ii;
r "
." ,. A" _. _. ';Z',.:"=':O',,·,r-,ri.:';;¡,;
S2c..,.54k¡,..o>~,.,.....c<~"!t.-<f.Iwb.".,...,.. "
JI54
',. -..u_~,~~~::s...-.._ '4
~-~:. ,.
....-.-..-.- ._"-
'-;,! -
~ .;:: -J'"
... ~
...._.~
ï
._-..~
"
.. ~
--. ...~-.._-_._..
.
,
.
. ~-.
~ :
'-
BôJr
]--
f":. !.:.
;.
. :.'~'"'..;;t.'"":i'::,1~À~':~···";:~~:·
~:,"':[::;
,"",
~.
to..
J!C:~
.
8810,~"
-., 8924 9
"
I
I
1
.::,,"1 '.:::' , ',-
'\ 1-' " ".
,
I
¡
I
, .. --' I
I
I
1
I
I
1
:J52'J
'. ,',: < '".': '. '. : ..: .,<:':' 'b. . n.:;-:
i . ..":;!' , ~ ::.
I
r ,,'
'L ~,~~~ ',' <1'1:0 ," 'r
r =t)-... ' ., . ". ~" '.
8909 ' ' .. ~-:-~,~ :{:/l'J
, , '., ;.. :.\', }..,. ~ \,0
~ ~---~~"""'~-~~~-J.~
-~~:'~ '..'>"':'~~. ,<~' ~ : '~::',,>:, I' \: t
823i...",·,~1fP~0 ~~~""":" :\)' ,
:.:~:~~'.':':::~:~':"~: ~: ~2\ .. ~ ~J> " .' ':.~
.0'......-'r-,-~·...-, ~ .,,, 'ðC'7
-<....:-\."',~~~,'~,..... -~'\.. ". ... <:- ~ ~"..' . ' '<0' .)
.." ....,'~~' -.... .;,\...." -"'\......\...... ,', .'" ~ ,',
~--:; : ~.~ --~i~t\0;~~~~>',~~-~:·1~7'~
a.: "",'. .~'<::<. 3<>( r ,.,
~ " -. '. . . ~
'Q)
,co,
_I
o
~'" .~~'
'~
o
01
to
a.:
~
,
~
I
I
I
I
I
I
I
1 (j P.89ro
I
5133!
. - '
\
,
L
,"
õP.8248 ~<)
8¿~¿
~
"'.
It)""'
<:::>
.-;
") '"
\l),
""L
I - r-'
, r
--------
1 (j P.82J4 ,
==>~5
.
-'". J ..:-";
~------------~1 '
I"
8332
3034..+
,
..,...,--¡-
'.0 \
~'55'
-c -- ___.___ ,_.
r: : 1~'·~·-
'''1'
")
It)
-"
"
co
")
~
to
~
.
, '
~_.-
.~: ::~:~ ,>,'::
'to'
"')
10
. =
,
.,
-
.'
.::;
5
"
~~...~
l :""\::::;)':'f'.,jf f.r:
~,5.J~_~_,..
~
,0
'01
to
r
-
. , '-_I '-'
II) ""0>... 0....0 .0><0<0 s;~<o CO ;:;:g:e~~~:2 (õ~Ó;!b~ ..., ~~¡;;,;~ .., <:
t- cr) J "" <0.....0 0>.....0 Iof).....u:lr- ~M . ..... 0 ....
~ ....""... 0....... C)~W")_ ..... 0 O)NCDMN_r") CDCO......C,... N M-c:o...C
OCI'J 00;. ~·_"O· ~~"~.~ a'm Ñ iå~~~~~ tD u:i .." .. œ ~ g~~.!i~ ...: C
~ ~::I M . i'
.... ~....- --N ~ -wto__"",_ ~ CO
OZ~ .... .... .... ........ --- ... - ... ... ......... ... -- - ......,......... ... a.
~O I .....
n.Z ~
It:
. ~ . , 0 "'....a:¡ ....~..... g:~~~ 0...... <::I OCC.....Oc.cO... CC"'ll:"......V~_ ~ M"'MnO S( N
.... NO~ ....MM ......... ..... ..... """Ctco"-_V) NØ"-MMr- ....C'O.....-1.r.I t-
Ou> - T CI ~~~ -......0 ,,!V'J. ..... -N&.nO"""Nn O)c:lQO:......O~ -.;f~M_CO ~,
..JCI)"": mea' 0> ~..... ø oi c) ,," ec n ci ~·:,....·«:iN.t/;jN ....")..r"'ioia;,...:Ñ a;;ria:iai,,·
wW"', ~~~ -1"7.... ~~~;:;; "'.... co ~;:;;~;:;;~~~ ~NMMNn ~¡¡~;:r;~
Gi~=- ....... .... ... .... .... ....wt>............. X
O~ I ex:
Z
~ 000 ~~~ ~~~~ ""~<O 0 ~~~~~~~ ~~~~~~ 0 00000 0
cr) ... .... .. 0-1"7 .... ... ""'..,.....""""'" -
-""....
U> ccim
t- 4f õñ¡
oz.... CI) .... ...
Wol
(3z
~ . I ~ ~oo 5100 0000 N......... 0 a~~~~~~ ~a~~~~ 0 00000 0
... ... ... .... ......".."... 0>......... .... .... ut......,..".....,. ...
no>....
~:- ~. tÖ ri
Ü W ;:.¡ ;:ï;N....
CI).... --
CI) r
: I ::> ::>::>:> ~~~ :>::>::>::> ~tt :> ~~~~~Gi~ ~GiGiGiGi~ ~ Gi~Gi~~ ::>
~It:~;:;¡
üO ::.: UJ ~~~ WWww ÜÜÜ UJ 11.1
0 000 0000 0 0000000 000000 0 00000 0
~ 0
W
)..% ~:8;';;!:¡;~
O::¡ "" In 0>'" ð:1n0 ;;ç~:g~ Õ;:~ CO -C:CtcNMCOtt') IQ c:::0.....<:I ..
.... :5.....0 .....0 .... NCCNCO.n¡!i¡ ..... -"'OW")c:II 0
",2cr: ~ ....= O.CO CD",,,,_ -........ 0 O! "l ~ '1 "l --: . ::gcc...,.~a:)~ '" M-CO-.Q't ~-
..JU)~ '~t- 1"7 ~fi~ "":"""·0· ~~~~ tDoc:Þ Ñ ...Ø........CCMt.n tÓ~v~cri_· .¡ O·NV,.....·Ó ;;;
ãwtl)~ '" _-N N -..............--- ........--..-.- '" --N-N
-111.1<: 000.... ... ... .... ........ -........ ......... ... ... - .......""t ... ... ... ... .... .,.............. ....
X~~ Z"'U-
O~ L:J
o Co ,
::1-:
ZWu. ..... ............... .......... ..... "a:J«)CQ ..,..,.., '" CQCOCOCOCOQ: lClO ,..,.......10................ ..... 00008 ....
«wo :5 0>"'", 0>"'", cnmøœ 0>"'0> 0> &:"''''''''''0>0> c;:g:g~~g: 0 8888 8
~~:IJ "''''''' ~~~ ~~~~ "''''''' 2! OtOÞO»CftO'tO't 0
-IUoW '" ------- ------ ... C\,/NNNN N
<x....!!: ^ ^ ^
oÒu~~ c.n.).
ò-c.g 0 '" ""... T_.... g:~~;;; N...... CC g~:õ~~~~ co._......._ 0 ~~R~~ 0
Zc::::~ .... NO_ ~""n "'.......... ..... NØ)r--r")C"""),.... .... ....
~cr)~ -...... ct)n -'9'''0 ...."'''' ..... -N&nO,....Nn Q)CDCOf'OM "'I"....M_CO
~xffi:g ~reci 01...",...: 00- cD 0) ,," .: rÒ r--i Ö ~"·.:CN.¿~ &1')- n ø) a; ,...: r.," U)· M- fÒ rr; t--:
oCl) -M.... MIt)ItI')_ ~N"" ~ ~:;;:ï;;;~~~ ~N""MNM ~~~~~
~t-~i3 N~~::J .......~ .... ... ... 4111't...,."....,. ......... ..........~..
. It:..,o
I-C::Æ~ >-<
o u.:
Z....u..!
u.:2~ ~ø ~ ;I:"$~ ~'$.~ -;¡e~~~ ~;;t~ ~ ';!('öt;¡:";;!:~"i/.;;t ~~~;;:~:¡: ~ it;l!.~~~ <It
O~UJ ~~~ëãi 0 G)COec =coco CQCOC ",coco CO CDC)QCOcoeco COCOCOCOQcg :5 a:JQCJCCCQ 0
0 MMM MMM MMMM MnM 1"7 MC-)MMMMM MMMMMM MMMnr') 0
00 0 nnn MMM MMMM M""n ...; MMMMM~"; Mr-)MM"';M 0 MMMM"; ci
>-ZU a!: I .......... ..... ............. ,.........,.... ...... ............... ..... ,.....,.........."..........,..,. ,............................... "..........,...........
t-«d .. J
üffi~ .,., :;;~~ ;:;8~ ,..,....0 :;:........ .... -conNm,....œ o~~~~:! .,., -M.....,....CO ~
.,., ~~q~ co- N :g;1);:;;;~õ~;:: ..... :e~~:g2 0
~~ CD CO"'", <C__ ...."'0 CO :ii!"'M_"'_ N
...JI- M c) ar; u-i ¿ ,.; fØ" ro.I-_n g,,; ...,' '" :g. M- cD q:) -- oi ,..: ro.,·N.",¡v..ai.... ~ a;J'" .,; M" \Ii r.è ~
3:¡::; ~ Ø) ..., '" MMIt) ~~~ t/')a)CON M..... cz:I M~~~a:t~ ~~:;~~~ ~ ~~~~~ co
~ e81 ... ... ......... 4.4-........ ...... ... .... ...
IU
'" "''''It) 000 Iot')t.t')QO In....'" ° oano",,,,W'),,, W')W")OOOIl') .... 1J')V')W')\l')1.t) I/')
-t- N N"'N ......... NN....". NNN ... "'N'lllllrNNNN NN.... v ":"C'I N NNO>NO> N
Žtl)Ej 0 ocio .o.oc 00.0.0 cioci cå cDO.ooocio oou;ca¿o 0 00"':0"": 0
:8 I ~ T....T ..,....... V~~... "'........ . """IIIr-.:rv~.....,. .".v""'......... ~ VVlIZ)vcc '"
= ~.;~ ~~~ M...CDO n_.... I/') CD."....aacoco... 1,t)Q)-""".".ø 8 ~M"'Q)N ....
t-t- M Cft-..o 0=- CO Ocz:lNO~NM ~i~~~~ åS~~~¡i
~ O)a:r~ .,,"'cc!. NO"'tn Io().Q~ ":. C"'!1l)-C:"'Ill~~ 0
~W;I -.r<oÏ_. -- - -" ",'
~~l
CI ... C> CI 000 tOCOOQ ......G) 0 OIlÐOcococaCÞ COCÞOOOCD = COClO~CZ)~ CO
.U>
~w , ~-~
«:x: Ei
-0 I
:~d ..... &t) lit') "', "'.....<0 <OMCC", MN..... N t-o.-_NCIO_...... ItONNCCCCI .... ...M....r- CO
;;;;;8 "'0", 10 I,Qi 0- OOM ..... ;;~~~g~8 N-......C'\Ir":N 0 <O-_~_ M
zQ.... 0 ooco <0-00 OOco <:I :g~~:8~:g - -c.ococ:co co
wo- cz:I cocoCQ CQcz:I... co,.,,., 0 co=c:) = CDCI)("\IIfCOCOCCC M MCQlCOca" ...
z~J '" 00>.... §~g C'JMV')Q'I OON ..... C'),....,....-N'i)N cø"Il')('IrI== ¡:;;hg~:! CC
"'''- f.Ot")__ 000 M §~-NNNN 1.ON-_NN 0
¡:; a !:?J 0 -~ID :g:ggg ggg æ :¡g:g~:¡g:.g:g fDCOOOCcø 0 V')-NC,Oco 0
wO ... nM", ec ... ec COCCCDCDCC= = CMMC)C!O N ::
c:lZ I c..
0 -M= NICN a)_N~ "'nil') '" Npo...Mc:n,....,coca t-.nC"JChMC OO""Ul(Q ° 0>
w. ... --N N_. --MT 000 M ~S~Ñ~~~ "'r')N-MM ° ""NNOCJ '" "1
c.OÑÏ N NNQ "'.....'" QCONN NNN 0> roNNQ)NN N MNNcr::c:o = ....
-z-- = coecCD cecco C:Oc:o co co COCQc::: co ccaC)c::Ja:cocc coco co c::) Q= co COCCCOCCCt = 0
c. ! t c
. E ....J co II') '" ..... n . '" cc N ..., .... C>
- N N N N M ..., M ~
It: 0....,
Q Z¡ 0
/
.
'"
w
>-2
a::::ï
(I)~a:'
-,~W
-'WI-
.....<
z<3\
a '
a 0. a,
::>-.
2wu.
<we
...Ju.w
oo(Ite:
"'U<ð
cj-a.w
2a:~c::
~Iffi~
.m~~~
~a:~::z
O[j~
:z ... ....'
~O
u.~~
0:>'"
aO
>-z~
...<e
_c::w
Uw~
~~
~¡::
'"
IU
.
J
b: I
woe(~
0%,'
a:0
c..Z
a::
¡e .
g:-!
~::=.¡
~~ I
¡...~J
~~l
c.. I
~:J
õ~~
~ I
;
~J
?; a: ~ "9'
-Ow-
U 0
I
.:¡...
2Wct)N
OcnO-
ZrnO
00(
n.:a·a:
o <-
~~~=-I
...."
8:~ö:
N." 0 ....:
a:::."u-,
:~ J
au)
~:~..
. U). .....,
a::U)
>-<
...J~ i
~cn;
g8J-
¡...~
z<ll"
::z8
,
I '
~I- :
ClW-
æ ~ j:!.:
...J
,en
:EW
~õJ~
o~
OW
zO..
w~l
~~ '
°o~
~z ,
w.
a.o¡:;;¡
:~l
æOB
CI Z ,
I
N.,........OCDC
M--I..")"'ONO
--CDtI)......&l)
-:ciNri-:_.."'..
-wto___",...
.. ............
:;;;:¡;~-~;::~
coco.:8...o<:)
Ó¿It"J~"'¡-·oio-
¡¡;;¡¡¡¡¡¡~~
~~~~~~~
~~~~~~~
[j[jGiGi~Gi[i
aoooooo
N....,......OQ)2
~::~:;;~~:t)
-·<riÑÑ_·...:,.:
-"'---N~
.. .........,.
......"'~,..........,....,....
mggg:8g;g:
----.._-
~~~;:;~;::~
coCO.c:I.-ocø
g~:!Í~';:;g~
...........,........
~~~;ft~~~
Cl)CDCOC)COa:l=
f""')"C""'»~r'1r"\M
MMr-)MMMM
,....,........,....,.....~,.....
~:g8:q~8~
CD~MNCD&l')...
-" Ñ cô ,," Ñ 0" a:j
~~~zt~~~
"'oonoononll'l
N~N"'NNN
o<eio<eiooo
..,.,.......,.......,.
0>1l'I0Cl"'§8
MOIO_CO
O.NOO ,....
-.. -"---"N'"'
CDOCCOCOGQCO
-
OCÞ""'&ONr-..,....
MNM-COMM
«0«000"'00
CDcCCDCDnGOfO
COOCDO'tMOM
tOMNN_N_
~~~~~~~
CO,....\l12-.....,....
a¡~g~::::¡;::ä:
C)CCCDecoco
:q t
... . -' - . _. ~
~~g~
O"Ñ~"
NNN
.... ... ....
~~~~
000...,
.,.,.~-..C)
...,
ri
.-
...
~~~~
~
co
'"
-
. , .~
~~~-
ooou
on CO 0""
NMV')c;n
?"'"?"'"?"'"M
c:i"¡-iri
NNN_
M....... .....,
""''''''''''co
8888:
"''''N_
^ ^ ^
0000>
.4J'Þ.....~
'"
~.
...
;!l.tlt~~
ggg~
000";
....
&t')CDcn
NMal')_
-- - -..,
O·f'tr·"..,."ô
rrr"Nf'f1l"J
.,. ..,. ... ~
\t'2V')ILf)-n
"'''''''N
0000
..,.~.....,.
0000
oono....
1t)U")q)f'!.
CZ)COG:)CD
or..cc
"'CONII')
OononN
iGU)U)M
COc:)QO
~è!iè!i:;¡
nCDCOtC
8"CC""
00.
MMr"'JN
cccacoa::r
o
.
. '- -. -..
o
...
~
o
co
'or
Ñ
....
...
o
...
~
ü
o
=
...
Ñ
...,
-
§
N
^
...."co
88'"
NN~
^ ^
o
-
00...
_ ... on
...,
<ri
N
....
~
o
o
o
't!.~:ft
88~
00";
....
o
CO
.
N'
...,
....
.......,0
co...,..
....... CD
~~~.
...........
o
...
..;
...
"''''0
""NCO
ccn
'" ......,
o
o
....
0-0
............
,...M-:
o
co coco
co
.
o
CD
....0....
'" '" ....
CO=CD
co co...
-
CD
'"
""MO
"""':e
:g:g",
0>
o
'"
co
-ON
.........
coco '"
=co'"
'"
....
»>
Www
000
"''''':g
~S'"
ci .... c:i
"'--
............
000
- ... ...
......e:>
""""co
......'"
c:i ..; o·
N__
...... -
00.
........on
...,
<Ò
N
...
000
...--
<:)0
...,....
~~
-CD
g~
- C>
~~
cc ..,
....
.
- ,
!.Co
;:r;~
~::
... ...
~8~~~
conN"",....
,..... «J p...," ó r:h
;;~a~~
00
-...
~~~~~
00
--
~~~~~
~~
00000
..,.,........,..
»
ww
CO
~Gi~~~
ccooo
~~
:s!=
--
CI~OO"
o <Con..,
CO NN......
,...:cÖ.......·óaJ·
;;;;1~J;J;
........
88
NN
^ ^
,....,....,...,....,....
88888
NNNNN
^ ^ ^ ^ ^
00
........
a~~~~
tlt~
00
00
00
"$.'$.~;!:'$
88888
00000
IDO
;:r;~
fD"-·
...,-
- -
:88~~~
~MNN""
,...: rÖ ,..... 0 a)
;;~~:t~
on It)
'" '"
00
.... ...
oonoono
CD N... N....
r"'io<eiO";
M..............
MO
Oco
...'"
°80§M
M ..... ....
~~~_..~
CCCl
COa)oaoo
"Oll'lll'l.,
-"'CO""M
g¡:g:g¡:
ca...........-n
::;õõS:8
MCDa:t CD CD
=0\....,.,
.......,00
NNNCt~
CDCCCCtca
...
.
,I.....,
.... " , ""..... . . ---
.. 0
- ..
'" on
00
= cc
"'0
è!i~
"'co
.... ..,
... '"
"'......
co ..,
o
on
Il'IO
"'...
oc::i
... ...
00
~~
:t:~
::S¡::S¡
MM
.... ....
8~
.'"
..V'Ì
a~
00
........
M....
... ...
-....
":ori
-...
...
.... "
"''''
'" ....
,..:t:é
:t;;
?;~
üü
"'...,
.'"
- "
~g
-
.., cc
......
0> 0>
" "
"''''
"'....
.........tl1O.
:t;;
00
........
<D
...,
~
Il'I
...
'"
'"
C>
co
...,
'"
","
-
;!l.
~
...,
....
'"
"
-.
'"
-
'"
'"
o
..
CD
N
on
co
0>
...
co
CD
o
'"
co
CD
C>
...,
M
co
o 0
... ....
->
w
o
<:)
M
'"
~..;
8
~
'"
'"
....' ....
o 0
... ....
«J ....
... ...
~ 0.
'" ::z>
....
...
>
w
a
....
q
0>
-
on .... '"
ÕÕO
Ñ","",'
...--
'"
en
'"
... .... "
888
N"'",
^ ^ ^
8
~
N
on
....
~a~
111
::s¡
,.;
"
¡t(.'$.;!l.
888
000
....
'"
~
"'....on
............
000
Ñ r.i C'.";
...... ....
...
-
....
~
'"
"'...,on
N"'N
000
...... .
o
..,
"',
888
.........,
'"
ClCI..,
'"
N
o
co
co"O
....., ...
"''''0
M.........
...,
8
N
co...,,,
- .., ..,
~;:r;;:ç
"
N
CI
."'<::1
N '" '"
.......M
.....,..
....
on
co
....
?;?;~
üõü
"''''on
.... .... "
000
N'",'Ñ
...--
000
... -...
~~~
000
..........
g
'"
aÕ
-
...
...
co
ri
'"
"":
o
....
00
- ...
o
...
00
... ...
Gi
o
GiGi
00
co
..,
'"
oi
-
...
"'on
on....
"''''
,...: -q.
r¡;:t
co
en
0>
.... "
00
00
N....
^ ^
...
CD
..."
~
00
... ...
ò1
::s¡
,.;
"
~:;:
88
00
o
'"
...
.......
....
...
'" on
on "
.......
,..: ....
~~
'"
'"
o
~
"'on
....N
00
... ...
o
o
~
-
~8
00-:
..,
«0 «0
.,
10
...
~~
co '"
.., ...
...
;1)
....~
;:1;",
M co
o
<:)
N
...
0...
~~
.. ..,
en
on
....
...
~ . ........ ...J í
""Il'I
\0 ...
MN
t·..: .¡
~~
'"
<:
on
...
co
'"
a.
00
... ...
"'P
~
~
....
~
~I
a:
2
::!:
0.
en
on
è!i
<Ò
i
o
I
I
I
í
I
i
I
i
I
h7
, '"'f,:j',:',
-----.----.-.---
~r_-~::..~.. _of ._, ;-.- ·,·--.-~:-'~--.~CT~~.;:4"8·\~ n"-:;--
§., FE~~~ ""-"
'>+---'~ 1',',1'
··...·1
8 II
-:-;¡:I
.,j--- -'-< I ..-
,-è=, '" T. -" :-:.,','
~<:-- "'''I, ,
~-:'-'Jt-:- .'
¥~t~f /¡',
II~ /.~<
"'1 y- ' .
/-1"
,// ' I
/
-..,.., -- --'--'
.
'. -.- -._-
.~ -.. ---- . '_.-. "... ----. -, - ~..- . -
~'
----, -._- - '--'- .~~-
_.-.~_._-------
-
..1'52\
I
--..,I
- ...-------- .. _. ----.. - 1
'-,--
_ _.___.u _ ' , I
- _"____0- __-:,__
-..-" '--"-- --
-----....-..---.
.--J:,_
..--.......:}
~Yh'
I ,:'
T:-'7.7-
._~&H :
. --. . - ~_ I
. i--
--
------
..I.
"1
...
I
-l
10
: I
: l
ò
,;!)
""
..",., "
,'".~~",.'<:...;;.-. .j(' ':~"
~~
,",'",-,,' ~"; I . .
,10~r 1-
, ,
I
~~ 11~5
i
i
I
,
~
II
1-'
~
,0
1~
I
I
J
..-=,
I-
I
~,
_,.' ,..i j
-'~T--::-::-=---
. .
~
1]7
uo
. '-
co 8 N 0 .., '" on 0 .... ~ '" 0> .., ;¡; N .... N 0 0 '" 8 ° 0 ~
~CtÎ on :! ... N .... co 0> ... .., '" co 0> .... '" ~ on ... .,
0> 0 co '" '" .., "'. .... N .... ...., CD ... .... .... N .... on 00
I,)e/) . rD ,..: rD rD ....' é ,..: ;X rD rD rD - ,..: ,..: Ñ Ñ ....' ... on' on rD on .
~~;:- N ... ... ... ... ... ... ... - ... ... ... ;X ... ... Cl.
oz::' ... ... ... ... ... ... ... ... .
a:0 ~
o..Z
. a: ~
w co '" ... 0 0 on '" .... on .., '" 8 '" 0> N co .... .... '" co co 0 N Õ 0 LLI
0.. 1. CD 0 ... on N co .... :g co .., N .., .... 8, .... .... .., co .... ... 0 ... I/)
octÎ .... 0 '" .... .... .... "', '" on on <0 .... ..., "', co co, '" N I
-,e/)_ ,..: ,..: rD cri ri ....' rD rD .... on ....' Ñ rD rD rD .... Ñ on Ñ J:
wW'" '" ;X on .... on ... .., .... N .... '" '" on '" .., ... ... .., co .., N N a:
>cn::... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Z
We/)
o~
0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ...
ctÎ ... ... ... :& ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... '"
..,
e/) ,..: rD
~~ôñ .... ..
u:Z::'" ...
wO
-.z
0
a: 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD
0.. 0 0 0 0 0
~~- ... ... ... .. .. .. ... ... ... ... ... .. ... .. ... ... ... ... .. ... ... .. ... on
N "'.
ri
I,)W'" N N
III::' .. ..
III
~
...i :> :> :> :> :> :> :> :> ~ ~ :> ~
~a:w;::; :> :> ~ ~ :> :> ~ :> :> :> ~ :> :>
uo~::. w w w w w w w w w w w w w w w w w w
0 0 0 ü 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 0 u
0 .
fI) co 8 N '" .., co on 0 .... C;; ... '" '" .., N .... N 0 0 co 0 0 ...
w on :! '" N ~ co co .... .., '" '" ~ '" .... co ... 0 on '"
z-' ctÎ '" 0 on CD CD co .., .., .... N .... ...., '" ... ... .... N 0 .... on ..,
:¡~z~:;¡Ñ . rD ,..: ,..: rD rD ,..: rD ,..: . rD ..; ..; :: ,..: ,..: Ñ Ñ .¡ ... on on ..; on rD
N .. ... ... ... ... ... ... ... ... ... :; :; ... ... .... ... ... ..
cc::;Oll)o::. ... .. .. ... .. ... ... ..
>-~~ZIl)I,)
g ~
l/)~fI)
-''''> o:-;a:_ 8 .... .... CD '" CD CD CD CD CD .... CD '" N .... .... .... N CD .., .... .... CD co
-'Wcc '" 0> '" '" '" 0> '" '" '" '" '" '" 8 '" '" '" 0 0 '" ° 8 '" '" '"
OO~- '" '" '" '" '" '" '" '" '" '" '" '" ~ '" '" 0 0 ~ 0 '" ~ '"
-~~ N - - N N N N N -
J:~I- a:D:UJ::'" ^
0- 0..0..>-
og;~ CD '" ~ CD 0 on co .... on .., co 8 co '" N co .... .... co CD CD 0 N Õ CD
zwlI) 1. '" on N CD .... :g CD .., N .., .... CD .... .... .., CD .... ... 0 on
<wo: ~cñ~ .... 0 N CD .... ... .... .., '" on on '" "', .... ...., .., CD co. co N "'.
-ILL....: ,..: ,..: rD ri cri ri ..... rD rD ..... on . Ñ rD ..; ;:; ..; ; ,..: Ñ on Ñ
~J:t;ö o:CI)Q '" ... on N .... on .... .., ... N .... CD co on '" .... .., CD .., N N '"
... ... ... ... ... ... ... ... ... .. .. .. ... ... ... ... ... ... ... ... ... ... ... ..
""1,)<0 ;"'8::.
o-o..w >-~
~.
.... ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. ;!. >t ;!. ;!. ;!. ;!. ;!. ;!.
011)
<a:< 011) N '" '" 0 CD CD CD CD CD 8 0 co CD 0 0 0 '" co CD co 0 8 8 8
~ ~w N~~Ø 0 co co CD 0 '" 0 0 0 '" N 0 .... 0
owcc ,..; ..; or> N N rD or> rD or> u:i 0 0 or> ,..; 0 0 0 u:i .,; oi on 0 0 0 rD
z~::I a:1II - .... CD CD .., '" CD CD CD co CD CD CD .... CD CD co CD .... CD '" CD CD CD ....
",I- >-<
"-~~ :g on on .... .., ... N ... 0 ... ... N .., 0 .., on 0> CD CD '" N N '"
o .... 0> ... CD .... ... 0 ... on .... N ... ... .... ° 8 .., '" N on .., ... 0 on on
00 -'~ on CD .... ... .., cD ... ..... '" ~ N '" CD '" CD CD, co '" 0 0 .... ....
>-%1- <111- Ñ ri ri 0' ",' Ñ on' . ri ;:; ri ;; ,..: on .,; 0' ri ; ri rD on Ñ ,..: ,..:
0> on cD .... CD '" on ... on '" CD co CD .., CD on CD .., ... .., N N
f-<II) ::;o~ ... .. ... ... ... .. .. ... ... ... .. ... ... .. ... ... ... ... ... .. ... ... ... ... ...
-a:o ....u
I,) WI,)
f-o
~~ ~.... N N N N N N N N N N CD '" N N CD CD N N N N CD N CD N '"
~ N N N N N N N N N N .., N N N .., on N N N N '" N .., N '"
-111- 0 0 0 0 0 0 0 0 0 0 u:i 0 0 0 u:i ,..; 0 0 0 0 ,..; 0 rD 0 0
§8!::. ... ... ... ... ... ... ... .... ... ... ... ... ... ... ... .., ... ... .... ... .., ... .... ... ...
~ ... ... ... ... ... ... ... .. ... .. .. .. ... ... ... ... ... ... .. .. .. .. ... ... ..
fI)
w 0 0 0 0 0 0 0 0 '" 0 '" 0 0 0 0 0 on 0 0 0 0 0 0
:z: 0 g
~f- 0 ... .... CD '" '" .... N '" N N N '" '" '" .... ... CD 0 N '" '"
.., "'. on, ..... ~ "', "', .... 0 0 0 co, co. -, "'. "'. o. 0 -. co CD co
cw- Ñ Ñ Ñ Ñ Ñ Ñ
ZW~
w'"
-'
.111 CD CD CD CD CD CD CD co CD co 2 CD CD CD 2 '" CD CD CD CD co CD 0 CD CD
:E~_
~u~
o~
< - 0 0 - 0 0 0 0 0 0 -
w- eD .., .., ... .... .;,
a::!. ..:. ..:. ..:. ..:. cD cD cD cD cD - ..:. - . - -
..:. ..:. ..:. ..:. ..:. ..:. ..:. N ..:. ..:. ..:. ..:.
0< a¡ -' -' -' -' -' I,) I,) -'
w
:z:
II) a: a: a: a: a: a: a: a: a: a: a:
a: a: a: a: a: a: a: >- >- a: a: a: a: a:
w a: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
....w ~
<:E- a¡ a¡ a¡ a¡ !XI !XI !XI !XI !XI a¡ !XI !XI !XI !XI a¡ !XI a¡ !XI !XI a¡ !XI !XI
~<~ a¡ W W W W W W W W W W W W W W W W W 0 0 w w w w w
z c -' -' -' -' -' ~ -' -' -' -' -' -' -' -' -' -' -' -' -' -' -' ~ .... ~
I: I: I: I: I: I: I: I: I: I: I: I: I: I: I: I: -' -' I: I: I:
ëii < ð
:::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. :::. I,) :::. :::. :::. :::. :::.
w· -: N ~ "'. ~ '" .., .... .., N '" 2 ~ -: -: -: on CD ~ ~
. o..OÑ ,..; ,..; -: - 0 0 ,...; 0 0 0 0 0 0
eD .... .;,
¡:¡:z- ..:. ..:. ..:. ..:. cD cD cD cD cD ..:. . -
!XI -' -' -' -' -' ..:. ..:. ..:. ..:. ..:. ..:. .... I,) N .... ..:. ..:. ..:. ..:. '"
I,) ...
¡.;
0
CD on on .., .... on '" '" '" on co co .... .... on on '" CD '" N .... .... ... ... ,..:
0 ; ~
-o- N N N N N N N N N N .., .., .., .., .., .., .... .... ... .... ...
~Z::.. , 0
C5
CITY OF
NORTH RICHLAND HILLS
, Department: Public Works
Council Meeting Date: 9/28/98
Subject: Approve .Final Pay Estimate NO.3 in the amount of
$35,548,83 to Wright Construction for Rumfield Road,
Phase II Utility Adjustments
Agenda Number: PAY 98-07
This CIP project was awarded by Council on 6/8/98, PW 98-09, for $137,740.70 to Wright
Construction Company. Final payment will make the contractor's total earnings on the
project $132,054.30, which is $5,686.40 under the contract amount. The reasons for the
savings are unused miscellaneous contingency funds included in the contract.
The contractor substantially completed this project prior to the contract completion date of
August 10, 1998. The project is now totally complete with all final adjustments having
been made.
The 1997/98 Capital Projects Budget includes sufficient funds for this project.
Recommendation: To approve final payment to Wright Construction Company in the
amount of $35,548.83.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
l
Account Number 20-64-13-6000
Sufficient Funds Avallame
. ~h /~ ~;""". D"_
~~~~
Page 1 of _
,
.
,
.
~(f
A !2- [,.
l7
KNOWL TON-E NGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth, Dallas
September 11, 1998
Mr. Gregory W. Dickens, P.E.
Public Works Director
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3-386, CITY OF NORTH RICHLAND HILLS,
RUMFIELD ROAD, PHASE 2, UTILITY ADJUSTMENTS,
CONTRACTOR'S ESTIMATE NO.3 (FINAL)
For your action, we enclose the referenced document. Your representative, Ken Matheson, has verified
the field conditions and quantities. All discrepant items of work have been resolved satisfactorily.
We recommend acceptance of the project and final payment in the amount of $35,548.83 to Wright
Construction Company, Inc., 601 West Wall Street, Grapevine, Texas 76051.
The following table reflects the final status of project completion and payment:
PAYMENT ESTIMATE TOTAL CONTRACT PERCENT
CATEGORY NO.3 (FINAL) EARNINGS AMOUNT COMPLETE
Storm drainage $14,336.00 $49,276.00 $55,326.50 89.1%
Water system 10,490.00 78,248.30 76,884.20 101.8%
Sewer system 0.00 4,530.00 5,530.00 81.9%
Retainage 10,722.83 0.00
Totals $35,548.83 $132,054.30 $137,740.70 95.9%
Please note that the above indicates a final cost total of $5,686.40 less than the contracted amount, with
a minimal over-run in the estimated cost of the water system improvements. Please call if you have any
questions in this regard.
~/J~
Donald H. Canton, P.E.
DHC/contractors est 3
Enclosure
(Please refer to Page 2 for distribution list)
1901 CENTRAL DR., SUITE 550. BEDFORD. TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389
,
.
.
September 11, 1998
City of North Richland Hills,
KEF No. 3-386
Page 2
Distribution list for Contractor's Estimate No.3 -- Rumfield Road, Phase 2, Utility Adjustments
Mr. Randy Shiflet, Deputy City Manager
Mr. Larry A. Koonce, CPA, Director of Finance
Mr. Mike Curtis, P.E., Capital Improvements Coordinator
Mr. Ken Matheson, Construction Inspector
Mr. Lemoine Wright, President, Wright Construction Company, Inc.
CITY OF
NORTH RICHLAND HILLS
D rt t Planning & Inspections
epa men:
Council Meeting Date:
9/28/98
SubjectPUblic Hearing to Consider the Request of Tommy Kline Agenda Number: PZ 98-31
For a Zoning Change from R6T-Townhomes to PD-Planned
Development for Single Family Homes on Blocks 31,32 & 33,
Holiday North Addition. (Located in the 5500 Block of Holiday Lane)
Ordinance No. 2335
Mr. Kline is the applicant and developer of this 35-acre tract of land that is currently zoned R6T-
Townhomes. Mr. Kline is seeking a zoning change to PD-Planned Development that will allow him to
develop the property as a single-family residential project. The proposed development contains 122
lots. The purpose of this PD is to provide mixed uses of residential lots, which consist of multiple lot
sizes and densities. Some of the lots are as small as an R3-Residential development while others
are as large as an R1-Residential development. The Council has considered similar residential PD's
in the past.
Mr. Kline has submitted his development proposal as indicated below:
Height
Front Yard
Side Yard
Rear Yard
Lot Area
Lot Area Average
Lot Width
Lot Depth
Min. Dwelling Unit Size
Dwelling Unit Average
Lot Coverage
Parking
Lot Access
GENERAL CRITERIA
38 feet (1)
20 ft.
interior lot 5 ft; corner lot 15-ft. (2)
20 ft.
Min. 6,500 sq. ft.
7,500-sq. ft
60 ft. at B.L.
100 feet deep (3)
1 ,500-sq. ft. (4)
1 ,800-sq. ft.
Not more than 50%
2 off street
front entry garage allowed
(1) All lots that have a common property line with lots fronting on Carolyn Drive in the Holiday East
Addition shall be 1 story.
(2) Lots which side to Holiday East Addition will have a ten-foot side yard on the side adjacent to
Holiday East Addition.
Finance Review
Acct. N um be r
Sufficient Funds Available
_ Fln...,,'- Dnct";
Page 1 of
(3) 90' on cul-de-sac lots.
(4) No more than 18 units shall be between 1500 & 1550 square feet.
The Parks Master Plan indicates a proposed extension of the Calloway Branch Hike & Bike Trail
adjacent to the drainage easement on the west side. The Parks Department would like to obtain a
30-foot easement for this trail. The developer has agreed to provide up to 20' for the trail, with 10'
being within the developer's land. The Parks Department would also like to see the configuration of
the streets on the west side of the drainage channel re-worked so that the trail is not behind lots.
They would like to see street frontage and cul-de-sacs opening on to the trail. This increases
security, makes the trail easier to maintain, and makes it more appealing for use.
Mr. Kline has agreed to provide a masonry-screening wall at the ends of Hummingbird, Skylark, and
Redhawk Courts. The screening walls will extend from building line to building line and the brick will
match the required screening wall along Holiday Lane.
The Planning & Zoning Commission requested a traffic analysis to determine traffic impact on
Holiday Lane. The developer's transportation consultant provided an analysis (copy attached) which
indicates minimal impact on the surrounding roadway system. There may be a need for an additional
traffic study to determine the impact to traffic signalization at North Richland Boulevard, Holiday Lane
and Davis Boulevard. The Public Works Department has determined that a signal is warranted at
the intersection of Trinidad Drive and Holiday Lane. Staff and has recommends that 25% of the
costs of this new traffic signal be a cost to this new residential development. The CIP Committee will
be discussing this signal at its next meeting and forwarding a recommendation to the City Council.
Approximately two-thirds of the subdivision is located on the east side of Calloway Branch drainage
channel. The developer proposes to provide a street intersection with Holiday Lane that is very close
to the current intersection of Industrial Park Blvd and Holiday Lane. The P&Z felt that there was not
enough distance between these two intersections to provide for safe traffic movement. The
developer has agreed to provide a right-turn in and out access on to Holiday Lane at this location
(copy of layout attached). The developer has indicated that access on to Holiday Lane is extremely
important for marketing purposes.
Staff has received several calls relating to this case. The general consensus of the callers indicates
that the residents do not want Townhomes on the property. At the July 9, 1998 P&Z meeting,
citizens from the surrounding area submitted a petition (copy attached) favoring the proposed
development.
This re-zoning request is in conformance with the currently adopted Comprehensive Land Use Plan
for the City of North Richland Hills. The Comprehensive Plan indicates this region to be low density
residential. Low density residential is single family detached development.
The Planning & Zoning Commission first considered this item at it's July 9, 1998 meeting and tabled
the request until August 28 to allow the developer to redesign the project to meet concerns of some
CITY OF NORTH RICHLAND HILLS
of the Commission members. At the August 28,1998 meeting, the P&Z recommended approval
provided that: a definite numbei of no more than 18 lots be less than 1550 square feet; the
landscape plan is incorporated into the ordinance; that street "D" and Trinidad align, as well as the
concept, Mr. Kline's letter of intent, tabulation sheets submitted, screening wall drawings and the
drawing indicating the new right hand turn on Holiday Lane. Street "A" and Jamaica Circle should
also align when the property is platted.
In evaluating the recommendation of the Planning & Zoning Commission, staff feels that if the
Planned Development (PD) is approved as recommended, some issues could arise as the property
develops that would create difficulty in the enforcement of the criteria recommended by the P&Z.
Staff also realizes that this development will be a "fill-in" between two older, established subdivisions
and, as such, unique challenges face the developer.
East of this property is the Holiday North subdivision, which is zoned "R2-Residential." These houses
were constructed under previous standard that required less than 2000 square feet (current R2
minimum). West of this property is the Holiday West subdivision, which is zoned "R3-Residential."
These houses were also constructed under previous standards that required less than the 1600
square feet (current R3 minimum; R3 districts are not routinely approved by the P&Z or City Council).
Staff recommends that if the PD is approved, the following changes should be considered for
approval:
Lot Area
Lot Area Average
Minimum Dwelling Unit Size
Dwelling Unit Size
Street Alignment
Minimum 7,500 square feet
N/A
1600 square feet (1)
1800 square feet (2)
Street "A" to align with Jamaica Circle
(1) No more than eighteen (18) units shall be between 1600 sq. ft. and 1800 sq. ft.
(2) Excluding the eighteen units, all other housing units shall be a minimum of 1800 sq. ft.
This mix would be consistent with the subdivisions adjacent to the site and still provide some relief to
the developer in overcoming the challenges associated with this property.
RECOMMENDATION:
To approve PZ 98-31 and Ordinance No. 2335 with staff comments and recommendations.
CITY OF NORTH RICHLAND HILLS
e
-'
.
i.
I
.; "' \..... ..
._._~ ".--
; ",-- "
-'-:--1 -~:,-,.i......~' \/ : "
I ,', ...........' .
~o+-:-'~~,¡ "'I~.'~'~_~~
: :~ i "'1" , :.! . '; n ./1 :: \
i111 ! ~'---~~~ '.
- ~-,~~- 1- :'~,:~,-ì )--;"7 . .' ;r-~/ . /' ~
' .:...~ '---~ -: ~ r " I F'--.~,¡..i: J' I //~~
< ! " I;:: ) ,.' l.. .' '. ,..,.'!', ..f...,U', ,~... /'
u' , .' t jO) _ f , /"
' ,9:: !,II ' : ;-' ¡',';'.<..' ~r: ~5/'-
" , ", , ' / '- '..:>,J ~,-;;...-_
1"';,/. '. :'/, J:, ///::-
i . '.. '; /",' .. ~
! ./ ' , ........- /'
,- - ......., " ,'............'.
./ . /,....... r . .
, ,
; ~ \/'"
! ) \ :3Y1'>:
t .'.,. ,
¡ -. ! "\r\>
.J ..
~
/
, )
, .....
.....
,,~ ..;........ ....
L-~
I
-'
., ;
~h_
:.; :.\ r:
PZ 98-31
.
Agenda Item #
e
I:;'
to II
ij""
~ t ~
. "
,
I ¡
/J 'l1
17
IJ
"
}
o
o
<
;¡
.,
!
..
~
~
"I'
1 ~ _10
, ¡
. .)- ¡ ,-,
I
-,
.. I 'J
-~ t·,~
,_ J
1 ¡
)'
PZ 98-31
ZONING EXHIBIT
1-2
1U
" 10
DI.
. I<
'"
I' 10 <
0
"
;¡
J1 " ..
" ,.
JU l'
DR.
lJ 17 "
"
'I lit
~
o
o
<
;¡
z
<
~
~
\
y D
~
,
.0
,
~-
--
C-1
~
::
o
..
l
,
/
I
I
'X\ \
,::,-\.N
\'.;.\\\)
. J
.:<, .
--
e
e
ORDINANCE 2335
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH
ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874,
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON
MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; ÁND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries;
and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 98-31, the following described property shall be rezoned
from R6T-Townhomes to PD Planned Development.
Being a tract of land in the W. W. Wallace Survey, A-1606, situated in the City of NRH,
Tarrant County, Texas, being recorded as Lots 1, Block 33, Lots 1 & 2, Block 32, Lots 1
& 2, Block 33, Holiday North, Section 7, an Addition to the City of NRH, Tarrant County,
Texas, as recorded in Volume 388-140, Page 9 & 10, PRTCT.
2.
THAT the development regulations for this Planned Development shall be as indicated
below:
GENERAL CRITERIA
Height
Front Yard
Side Yard
Rear Yard
Lot Area
Lot Area Average
Lot Width
Lot Depth
38 feet (1)
20 ft.
interior lot 5 ft; corner lot 15-ft. (2)
20 ft.
Min. 6,500 sq. ft.
7,500-sq. ft
60 ft. at B.L.
100 feet deep (3)
Ordinance No. 2335
Page 1
-
e
e
Min. Dwelling Unit Size
Dwelling Unit Average
Lot Coverage
Parking
Lot Access
1 ,500-sq. ft. (4)
1 ,800-sq. ft.
Not more than 50%
2 off street
front entry garage allowed
(1) All lots that have a common property line with lots fronting on Carolyn Drive in the
Holiday East Addition shall be 1 story.
(2) Lots which side to Holiday East Addition will have a ten-foot side yard on the side
adjacent to Holiday East Addition.
(3) 90' on cul-de-sac lots.
(4) No more than 18 units shall be between 1500 & 1550 square feet.
3.
THAT, the lay-out of the subdivision shall generally be consitent with the lay-out shown
on the attached "Exhibit A"
4.
THA T, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
5.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
6.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
Ordinance No, 2335
Page 2
e
e
e
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
8~ ~ g~A~
Departme~ Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2335
Page 3
e
e
I";:';¡' ;;>--..ß'-JOc>
'\
HOLIDAY MEADOWS
DEVEWPMENT REQUIREMENTS
~O,,1H R¡~, "
íçð pf:"r1="fvEÓ~
(CJ h" 0 . " ;~98 ~
\~ AV1v'a¡- 2,0
~&~
SINGLE F MilL Y HOMES: UNDER "PD" ZONING
DEFINJTION:
Single family detached housing. These residential Iou shaJJ be designed to provide single (amily housing at
an overall densitY: e.quivalent to the lot lreJ requirements of the R-3 single family zoning classification. These
residentiall0t9 wm have access and frontase on . public road. Typically, lhese unit¡ will be one and two
story structures.
PERMJITED USES:
· Single family dwellings as outlined herein.
· Home occupation
· Such uses as may be permitted under the North Richland Hills Zoning Regulations Publication In effect
as of this d4te unless otherwise stated in this document.
REQUJREMEN'rs:
Heirht Requiremçnts~ No building shaU exceed thirty-eight (38) feet or two (2) stories in height.
Heirþt ~e~tri~Í!Jn.;. All lots which have a common property Jine with the lots in the Holiday East Subdivision
with front onto Carolyn Drive shall be restricted to one (I) ,tory in height.
Tvpical tot; Depth - one hundred ten (110) feet, width - sixty (60) feet
Front Yan:li. There shall be a front yard having a depth of not Jess than twenty (20) feet.
Side Yard.;. The~ shan be a side yard on each side of the Jot having a width of not less than five (5) feet.
A side yard adjacent to a street shall not be less than fifteen (15) feet.
Rear Ya~ There shall be a rur yard having I depth not less than twenty (20) feet.
Lot Area: No bU;ilding shall be constructed on any lot less than six thousand (6,500) Squ¡re feet.
Lof Ar~8 Avem~e Si~ The lot area average size shan be 7,SOO square feet.
Lot Widlt1. The avera¡e width of any lot shaH not be less than sixty (60) feet at the front buildin¡ line.
Lot ~P'll;. Tbe depth of the lot shall not be less than one hundred (1 (0) feet, except that a comer, elbow
or cul-de-sac lot may have less depth, provided that the minimum depth Is no less than ninety (90) feet.
Minimum Dwel1iJte Size.;, The floor area of any dwelling unit shall not be less than one thousand five hundred
(1,500) square fe~, with the subdivision average to be not less than one thousand eight hundred (1,800) square
feet.
Lot Coveraee~ II) no case shall more tban fifty percent (50%) of the total lot area be covered by the main
building.
Pmin~ Rcelllati~n~ Two (2) enclosed off-street parking spaces behind the front building line. Off-street
e parking spaces shall be provided in accordance with the requirements (or special uses set forth in Section 31.
LO( Ac~~ Acc·~ss wiJl be front'entry from public streets.
EX 1-1 'SrT
" Å"
e
10.
PZ 98-31
REQUEST OF TOMMY KLINE FOR A ZONING CHANGE FROM R6T-
TOWNHOMES TO PD-PLANNED DEVELOPMENT FOR SINGLE FAMILY
HOMES ON BLOCKS 31, 32 AND 33, HOLIDAY NORTH ADDTION.
(LOCA TED IN THE 5500 BLOCK OF HOLIDAY LANE)
APPROVED
Due to past dealings with this particular property, Mr. Wood stated he would be
excusing himself from the meeting and Mr. Lueck would be taking over in his
absence.
e
Mr. LeBaron explained that this item was originally tabled on July 9, 1998. This
is a large vacant tract of land with a 180' channel running through it. It is
currently zoned for townhomes and has been for over 10 years. The applicant is
proposing a planned development for single family residences. A PD was
chosen in order to give the Commission and Council as well as the developer the
opportunity to "customize" the development for this particular site. It is rather
unique in that it has a channel running through the middle of it. The proposed
zoning is for detached single-family homes, on smaller lots than normally allowed
by traditional residentially zoned properties. The applicant has redrawn the
development to accommodate some of the concerns the Commissioners had at
the July meeting. The applicant has met with the Parks & Recreation
department as well, and is ready to present his proposal.
Chairman Davis opened the public hearing and asked the applicant to come
forward.
Mr. Tommy Kline presented this request. He thanked the Commissioners for the
opportunity to revise the plans and come back before them. He explained that a
"Hike & Bike Trail" has been added per the City's request. Additional issues from
the previous meeting that were addressed were: drainage, schools and traffic.
He explained that the drainage would be addressed at the time of platting, but
was not a problem. He checked with Holiday Heights Elementary and there is no
problem with the increased attendance this subdivision would generate. One lot
has been deleted to add a left turn lane onto North Richland Boulevard and
Trinidad will now extend directly across with Dove Way Court.
e
Mr. Kline has dropped the density to 122 lots with a minimum lot size of 6500
square feet and an average lot size of 7500 square feet. The dwelling units will
be a minimum of 1500 square feet with an average of 1800 square feet. The
side yards will be 5', except on Carol, where the houses will have a 10' side yard
and be limited to one-story homes only. Additionally, the cul-de-sacs have been
dropped to 8 lots and the houses abutting Holiday Lane will be restricted to one-
story as well. The majority of the lots will be able to accommodate a 50 x 70'
Page 9 8/27/98
P & Z Minutes
e
pad. He explained that the density, at 4.7 units per acre, is just below the 4.8 in
the R-3 zoning classification.
Mr. Kline submitted letters from Mr. Fred Bentson and Mr. John R. Wise, who
were unable to attend the meeting, supporting this development.
Mr. Lueck stated that according to his calculations, leaving out the three largest
lots, the average lot size would actually be 7700 square feet. And, the averages
on Blocks A & B, actually calculate at 7,000 square feet. He wants the record to
reflect the discrepancies.
Much discussion ensued regarding the regulations of minimum lot sizes. Mr.
Kline agreed that no more than 15% of the lots would have a square footage of
1500'; accepting that 85% of the lots would be greater, getting the average to
1800 square feet.
Responding to a question, Mr. Kline stated that the bridge is not an option. It is
beyond the financial scope of 122 lots.
Ms. Joan Hockenberry, 5704 Bermuda Drive, submitted a list of 23 names and
addresses of residents supporting Mr. Kline's proposal.
e
Mr. Leon Hatfield, 7509 Jean Ann Drive spoke in favor of this request. He
believes that Mr. Kline has addressed all the issues discussed at the previous
meeting and believes this is the opportunity to get a good addition to the
community.
Seeing no additional proponents, Chairman Davis called for any opponents.
Mr. William Rue, 5732 Bermuda was opposed to this request, citing the traffic
concerns at Trinidad and Holiday Lane as well as voicing concerns the property
being in a flood plain.
Additional opponents that spoke were:
Gary Jones, 5601 Jamaica
Jack Skelton, 7500 North Richland Boulevard
Henry Oats, 7557 Circle Drive
Gene Thomas, 5713 Acapulco Drive
William Lipper, 7553 Circle Drive
Suzanne Smith, 5612 Jamaica Circle
e
Seeing no additional opponents, Chairman Davis offered Mr. Kline time for
rebuttal.
Page 108/27/98
P & Z Minutes
Mr. Kline stated that over the past month and a half he has worn his engineer
e out. He honestly wants to be a good neighbor to the community.
Chairman Davis closed the public hearing and asked for discussion from the
Commissioners.
Mr. Blue believes a great number of improvements and concessions on Mr.
Kline's part have been made. He is in favor of this request.
Mr. Nehring and Mr. Laubacher both were still concerned over the traffic issues.
Mr. Bowen and Mr. Miller, while concerned over the traffic issues, believes that
Mr. Kline has sincerely worked with the Commission and that the City has run
the best compromise they can.
Mr. Lueck is opposed to this development. He believes that the traffic situation
can not be ignored, and that many people trying to get onto NE Loop 820 in peak
hours will not work.
e
Chairman Davis stated that this is the first time in quite awhile that a developer
has addressed every question or concern pointed out with a potential
development. He believes traffic is difficult but also realizes that Mr. Kline is
getting caught up in problems the City has actually created by wanting people to
move to NRH. He suggested that Mr. Kline look at additional traffic studies
before bringing the plat forward, maybe some traffic concerns could be
addressed at that time as well.
Chairman Davis additionally stated that should the Commissioners vote in favor
of this request, that a definite number of no more than 18 lots would be less than
1550 square feet. This will increase the average house size.
He wants to insure that the landscape plan becomes part of the ordinance, as
well as the letter submitted by Mr. Kline addressing additional issues. Also, the
concurrence that Dove Way and Trinidad line up should also be a part of the
approval motion as well.
Mr. Kline stated that the agreement to the 10' side yards is in the letter, which will
be part of the ordinance.
e
Responding to a question, Chairman Davis stated that the decision before the
Commission is for the zoning change only. The ordinance will include but not
limited to: the concept, the landscaping, his letter of intentions, which was
included in the packets, tabulation sheets submitted, screening wall drawings
and also the drawing indicating the new right hand turn on Holiday Lane.
Page 11 8/27/98
P & Z Minutes
e
e
e
Chairman Davis stated he would entertain a motion on PZ 98-31 which will
include all the information just outlined, the letter submitted to the
Commissioners, the concurrence that Dove Way will align with Trinidad.
Mr. Bowen, seconded by Mr. Nehring made the motion to approve PZ 98-31.
Chairman Davis asked if everyone was clear what elements would be a part of
the PD and everyone acknowledged yes.
The motion carried with a vote of 6 - 1. Messrs. Bowen, Nehring, Laubacher,
Davis and Miller were in favor of this request. Mr. Lueck was opposed.
Page 12 8/27/98
P & Z Minutes
e
~Kline I
AND COMPANY
August 27, 1998
Mr. Richard Davis, Chairman
Planning and Zoning Commission
City of North Richland Hills, Texas
7301 NE Loop 820
North Richland Hills, Texas 76180
Re: Applicant Request to Amend Its "PD" Request
In Regards to Case No. PZ 98-31
Dear Chairman:
Please substitute this letter for the letter submitted to the Commission on July 9, 1998.
In the event the Commission determines it will make a favorable recommendation to the City
Council in regards to the above-referenced case, we would ask that the recommendation include
e the following changes and/or additions to the original zoning change request:
1. The minimum dwelling size shall be 1,500 square feet, and the average square footage for
the entire subdivision shall be 1,800 square feet.
2. The lots in Holiday Meadows where the side or rear faces those lots in Holiday North, the
adjoining subdivision along Carolyn Drive, be restricted to one story in height.
Additionally, the east side yard setback shall be ten (10) feet rather than the normal five (5)
feet. This restriction will encumber eleven (11) lots. These lots are shaded in green on the
Zoning Concept Plan submitted to the Commission tonight.
3. The rear fences on the lots which back up to Field Stone Drive be upgraded to include brick
columns every 30 feet, for a total of 10 columns, which will enhance the streetscape as
residents drive along Field Stone Drive.
e
4. The Concept Plan will be amended to provide a street stub to the property owner to the
south at the southeast corner of the subdivision. Utilities will be stubbed in accordance with
the City of North Richland Hills' requirements.
5. To secure the hike and bike trail, we will dedicate to the City a minimum of 10 feet along
the entire length of the west bank of the creek of our land for the routing of the trail.
Further, we will see that the Parks Department is provided for up to 20 feet in width for
the entire length of the creek within the bounds of our property.
12311 MARBROOK DALLAS, TX 75230 (972) 701-8163 FAX (972) 701-9605
e
e
e
Planning and Zoning Commission
August 27, 1998
Page 2
6. The cul-de-sac on the east side of the property which borders the Holiday East subdivision
shall have a 6-foot masonry wall from right-of-way to right-of-way boundary (as shown on
the concept plan).
These amendments are requested to mitigate the impact of our new community on the existing
developments in the neighborhood. Your favorable consideration to these changes would be most
appreciated.
~~
Tom Kline
TK:pb
NitH
APPLICATION FOR A
PLANNED DEVELOPMENT DISTRICT
Cicy of NCr1h R:c;,ia:1d Hiils
7301 NE Loep 320
(~:~a5-! :Î:"~:'" :y~~ all re5;cr:S~5)
NOr1h Richlanc Hills, ïexas
PART 1. APPLICANT INFORMATION
317-531·5500
Jam= 0" E~.o¡ic2r:( / agsnt:
Tom Kline
St,;:::: a=c,;ss c.' a;plicant I ag;nt:
12311 Marbrook
City I S:a:::: I Z::;:) Cede of applicant I aç;ent:
Dallas, Texas 75230
Telephene number of applicant I açenr:
PART 2. PROPERTY OWNER INFORMATION
(972) 701-8163 Fax (972) 701-9605
.'Iam; of prop;r!y owner:
Daymer Corp.
Ms. Kay Taylor, Attorney-in-Fact
SI,eet accress el ;;roperty owner:
5304 Elkridge Drive
City,' State I Zip Cede of property owner:
Dallas, Texas 75227
Telephone number of properry owner:
(214) 381-8310
,vole: At1aC';ller:er or affidavil from properry owner it different from applicant I agent:
PART 3, DESCRIPTION OF REQUEST
Current zonIng c!assdication:
Legal Descnption or AtTach Metes & Bounds:
R-6-T
See attached
Oescnbe 1,'7= nalure of the proposed actlvir; and any parricular characteristics related 10 t,'Ie use of the properry:
of a single family community consisting of approximately 143 lots.
this project would virtuall reduce the current dens it allowed on
this property in half.
511= ;:;ian a,':ac.~e-::,·.hlch conforms with Ine reqUirements included", this packet:
.1L. Yes
~NO
":'{fida'JlI attached from prop'!!rry owner if applicant is not owner:
:---K..J Yes ...------¡ No
Da:e
I hereby cerrit'; that I am. or represent. the legal owner of the prope~; descnbed above and do hereby submit this request for approval
of a Planned Development Distn'ct to the Planning and Zoning Commission fer consid'!!ration,
~!I ¡(~ ¡ r HECE i VED JUt.¡ 1 ~j \9~ß
~ k"'éINJ!.
Signature'
Print Na,~e
PART 4, FOR OFFICE USE ONLY
Oale of Planr:tng ¿ Zoning Commission Publtc Heanng: Taxes Paid'
I Yes
-
Case Numb'!!r:
Date 0.' CIII Counc:! Public Hearing'
Liens Paid'
~
; ! Yes
I No
No
-
~ No
,
'P-2 ~~.3>\
Fee:
:::Jlanned De'leiopment Approved,
~ Yes ,-; No
-
$300.00
Assessments Paid?
'~Yes
Condlllons of ,.J,;;pr-:;val
e
This apptication will not be
scheduled for public hearing
until the application fee is
received,
PLANNED DEVELOPMENT
CD - 415 (5/97)
CITY OF
NORTH RICHLAND HILLS
Department PlanninQ & Inspections Council Meeting Date: 9/28/98
SubjectPublic Hearing to Consider the Request of Danny Mobley for a Agenda Number: PZ 98-38
Special Use Permit to Allow an Automobile Lubrication Center
On Lot 4R, Block 1, North Edgley Addition. (Located at 4235
Road to the Mall) Ordinance No. 2337
Mr. Mobley is the owner of this .8 acre parcel of property. Mr. Mobley's property is currently zoned
C2-Commercial. The attached zoning map provides further information to the surrounding
properties. Mr. Mobley would like to convert an existing building at the rear of the property into an
automotive lubrication center. Because there is residentially zoned property within 200 feet of the
site, a Special Use Permit is required.
Mr. Mobley will convert the existing structure at the rear of the property into the lube center. Mr.
Mobley has indicated that he will be constructing a new pit and using the existing sand trap on site to
filter wastewater.
Mr. Mobley has adequate space on site for stacking purposes. There should be little negative traffic
effect in the area.
This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan
for the City of North Rich/and Hills. All property owners within 200 feet have been notified. To date,
staff has not received any comments.
The Planning & Zoning Commission considered this request at its August 27, 1998 meeting and
recommended approval.
Additional conditions may be attached to "Special Use Permits." The City Council may wish to
consider requiring landscaping along the front of the property, The subject property has little or no
landscaped areas. A photograph is attached that depicts the property.
Staff recommends that if this Special Use Permit is approved that the applicant be required to install
a minimum of three (3) all-weather planter boxes with at least fifteen (15) gallon size shrubs adjacent
to the Road to the Mall frontage. These shrubs should be from the list of approved shrubs in the
City's Landscaping Ordinance.
RECOMMENDA TION:
To approve P7 !=IR-38 and Ordinance No /337
Finance Review
Acct. Number
Sufficient Funds Available
Finance" OIr.dO;
Page 1 of
.:J.\J-J ""''v
.
-
~
I' ~-,
I
14q-
~ . ~
. .' ~ .
-.; . -.
.<./" I,·
.1 · _ ~i'"," ,
. - ,- II.
II ... -I
IIIWI.
. .
II- : _ 101 ,..
¡~- II. I.. I
II: · - .
~
5
..-,
!
\
3
'\
."
5A
AC
.
"
I .
~1 ('r-
5 ';::¡ u
- ::r- ~
tIJ'::t rJ 9
4 - :I:
N U
~ H ;J
k ;:,-
Z
UJ
":)- ~
.,'.
,.
.
..
1R
~ ~O
AR,Y
o
..
1R
7.6769
PZ 98-38
e
Agenda Item #
--
-
-
e
/
'" /
I I
'/
":);
· n
.
, , >
II
COrONO ""I I n :,',~\' .
, '1 -! ,I : I ''':\\11,,:> ,~
.! ., I ,'! '\ I "i ", II' i.. ~ I. " I
J ! , I I ! . 0 . I Î'
-r---., "ivili/or -., _-')' -_J "~I ,. '..,
:-! i---r ¡ ~ ~
': ,,1"1 ~I -'-/1 ,r --:,:- :1/
' '! I / '~
H__'_'=~_ '" '" ~_-II~ ~
'I II, /Wi, , /'; , ' 1/1: '\)\<\'\\
' / " I \ ,~ . ''Í
--~"I(' II . , \\) \'\\ _. ¡ ¡ \.\)c,\.\" .r,
~O. / ,\\," .. '" ~~
' .\\ ,\, ,I. ':: I ' "\I~,~\J <.r;~'¢-
,. ,.1 I '~ì\\ i~"" - \ '5'-
;', / ',' / 10 /" I ~ i¿~~-I ì I g,9-'>/
' : / /,' ' I i~~ 1JO); , ~~t>
' " /, /"" , . '
~-_/~~' ". 0:/ ,:,cc'li:v;j.> /1,
--. ',~ ' ØØ\,.... J" '/ f /
II '........"", \ "'......'..Ú jfØ \ç: -2 /" ~..;:-'>{¡ /
" c.", "". ';~ 'I..', ...-:;: /' f~!
Þ\.;ø?'tR ~\ ~~{': ~
./ /, 'êr~\ . / ~~ ¡'I c z. I
-- .:----/ . ,;:j9 ~> / .. ~,...., ..... ,i' .. ~
- - 4-.;, '" <,...- c.'~ ~) of /: 2./7'1 r
- 'ß/ \~\:, ....:' ,~ ,....'~ , :,,:.
~;T 'no \·...G -1 ,,\. \,... "
"'-:~/~.,. '\ \J.~"\"~ c...',.... 1'1 _'h,
I"..., __,V . '\ 1, ~ ___ ___"-_,
:':" ' --~.. . \~'"',. "," L. ...
':-, lR.. <.,~\:, ,',
'.', .'<to \0
'~.. . , ,,' ...,.: - c,
f:~J. )///......'" _0 ~,~" ''''''\'''''\:''''/';,' ~ "'1
" /' ~\ ':; = l R
. ...~'.. ~: v
"
",
I!
.',
// \\
,/ \
,.'
IW .v
"
C-2
/
-l
.J
«
c
\ ,
'.
\'\\
., \,\'
\ \,\\ "
\ \, '
.:. ~ ,
: ,
r-¡
, I
I
: I
PZ 98-38
ZONING EXHIBIT
~
12.
PZ 98-38
REQUEST OF DANNY MOBLEY FOR A SPECIAL USE PERMIT TO ALLOW
AN AUTOMOBILE LUBRICATION CENTER ON LOT 4R, BLOCK 1, NORTH
EDGLEY ADDITION. (LOCATED AT 4235 ROAD TO THE MALL)
APPROVED
Mr. LeBaron explained that Mr. Mobley owns and operates an auto car wash
facility. He has an extra building in the back that he would like to convert into a
lube center. A Special Use Permit is required since this property is situated
within 200' of this request. Staff has not received any adverse comments
regarding this request.
Chairman Davis opened the public hearing and asked the applicant to come
forward.
Danny Mobley, 4235 Road to the Mall, presented this request, explaining that he
is converting his existing detail shop into a lube center.
e
Seeing no additional proponents, and no opponents, the public hearing was
closed.
Mr. Blue, seconded by Mr. Wood, moved to approve PZ 98-38. The motion
carried with a vote of 7 - O. Messrs. Blue, Wood, Nehring, Laubacher, Davis,
Bowen and Miller were in favor of this request.
e
Page 158/27/98
P & Z Minutes
tit
Ie
e
I
ORDINANCE 2337
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AUTHORIZE A SPECIAL USE PERMIT FOR AN AUTOMOBILE
LUBRICATION CENTER; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by changing
said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THA T, in case number PZ 98-38, a Special Use Permit be hereby authorized for an
Automobile Lubrication Center on the property described as follows:
Lot 4R, Block 1, North Edgely Addition, located at 4235 Road to the Mall.
2.
THA T, the applicant install a minimum of three (3) all-weather planter boxes with at
least fifteen (15) gallon size shrubs adjacent to the Road to the Mall frontage. These
shrubs should be from the list of approved shrubs in the City's Landscaping Ordinance.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
Ordinance No, 2337
Page 1
-
·
tit
e
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills,-Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Rich/and Hills, Texas
City Secretary
City of North Rich/and Hills, Texas
APPRO VED AZO CONTENT:
ß~ ·ß~
Departme Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2337
Page 2
-
.
-- ',1----1 "
-~._.-
=~~~--' 1---
, ,~, r
LJ{
New
I
I
I
ì
I
)
...........--.,----
r
-+--
I
i
I
.
I
I I
! ,!
i /03-//';
'D -
______ -1 Y'o p;sed
__,___=~_=_- ~-uhe--e ~
I
¡
- -/
I
I
I
/'-
I
I -,
/- ,
I
~-
I I
I
j i
I ' I
/--,---"" f
.1- ····-1-····
f '
i 'I--'~'-
f 1/16 ;'
I I
L__ ¡
í------
I
I
I
I
,
A.
i
J
7°'
f'~>'1.~.e
-
-
I
I -
!
;
¡
I
- I I
__ Š Sel i3A-cr
!
--
-,
i ~. ~ ,iç-O'
, I
. . -- j
I
I I
"j
; '1_ ., I i
;7"' '" I
~I
I
I
I
~
"
i
I
í
_.f~ì.~+ ~
-----"'~~.r~.. ..~,i.~
~ :x ' --'- -
... '~ I
~~~ i
I
S'
5u
--o~
,
EXI5tl~j:
Car W"$h
-- ßldj. '
ç- L
I
I
i
I
í
/--
I '
I
1
- - .-.
f--
¡
I
.
I
I
I
I
I
I
¡
er
r
_+_ 1
I I
! '
- -
I
7t>i
I
I
"
I
i
Iy
--
-
(VJ.41- L
CD pi
To Tt1 E.
, 1'1'
" )
, '
iDf'Ivc. T"rv
!cqt\ol"7
,
!
,
I
i
----,;
h s#~ '- +--~
-
---
I
Î
I
i
¡
~
I
I
I-
I
¡
-
i~-----_·_-
-
i .;!~ ß
----'
-
r
N;~H
.
{P~~3H ::-.-:: ::- ;y:'! all r!s:cr:s~sj
APPL/CA TION FOR A
SPECIAL USE PERMIT
City of N;:.-;" ?:chland ;-jills
¡3D N= L:e:J ô2D
,Vame 0/ =.=pl.:cant I aç2nt:
PART 1. APPLICANT INFORMATION
NOri.' Ric;;'.-: ;-jiiIs, ïexas
a 1 i-Sa: -55::
City / Stat:: / Zip Code of applicant / ager;t:
kJ f=-u. ~
1\1~(
fl£u1~
s
Ore lÙúsL
Name
PART 2. PROPERTY OWNER fNFORMA TION
tv
1::lephone n"';,70er of applicant / age::::
8/7-tJÇfo~ 3~r
'Z...
:nL,
Current lonlr:q clasSification:
PART 3. DESCRIPTION OF REQUEST
Note: Attac.., I::::er or affidavit from prop",rry owner if diff",rent from apP/;C:an( / agent:
~
t. t cÍjyt .:¿"
&(j {1. J{,... '; Q .
Sl!~ plan a::3-;.,0:-= "/hlch con{orms ','1ft." the requlf'ements Included m t:1IS packet:
=
'~~-
~ 'f..J
,---¡ No
---..
AffidavIt a::ached from properry Owner If applicar:t is not Owner:
~
~
Y'f!~
I----¡ No
L---!
Oato:,
, he'.'y ,,",,'; In" , am. 0' ŒC""". 1M "g" ow"", Olth, """,", d"'nO," "0"' and co h'''by Mm"th" "00'" I" a,cro",
of a Special Use Po:mut to the Planning and Zoning Commission {or consicera:lon
Print Na.":':e
bft1LI)
Date of Plar:mr:g ¿ ZOntng CommIssion PUbf1c Heanng:
Taxes PaIC'
L Yes
LJ
No
Signalure,
Date of City Co~r:c¡J PUblic Heanng
Liens Paid'
I , Yes
I ¡
NO
Fe'J:
SpeCial Uso: Permit Appro'_ed'
1--: Yes ~ No
~ ~
ASSessments PiJuJ'
LYe:; I I
S300.00
-
Condlllons of Approval:
No
~
This application will not Oa
Scheduted for public heanng
unl1lthe applicat;on fee is
ro:ceived,
SPECIAL USE PERMIT
-
CD - 414 (2/96)
.. '..
.
.
.
.
,.....
'\
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ & Inspections Council Meeting Date: 9/28/98
Subject:Public Hearing to Consider the Request of Lankford Ewell for a Agenda Number: PZ 98-39
~peclal Use Permit to Allow an Automobile Lubrication Center
On Lot 7, Block F, Richland Oaks Addition. (Located at 8208
Grapevine Highway) Ordinance No. 2338
Mr. Ewell is the applicant in this Special Use Permit request. The property is currently zoned C1-
Commercial. A Special Use Permit is required for all auto lubrication centers in the C 1- Commercial
zoning district.
There was previously a service station facility on this site. Most recently it has been utilized as a dent
repair facility. Mr. Ewell would like to operate a state inspection service on site. This use is permitted
by right in the C 1-Commercial zone. Mr. Ewell would also like to operate a lubrication center inside
the existing building. The applicant has indicated that there is an existing lift in the building and that
he will be constructing an additional one. The applicant has indicated to staff that all auto work will
be done inside the structure.
Because this is a renovation of an existing building and site, Mr. Ewell has not provided any site
plans. The changes to the site will be minimal, entailing the construction of the additional lift and new
signage. Mr. Ewell has indicated that the facility wili be open from 8 -6 Monday through Friday;
Saturday 7:30 am to 7 PM and Sunday 12 to 4.
This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan
for the City of North Richland Hills. All property owners within 200 feet have been notified.
The Planning & Zoning Commission considered this request at its August 27, 1998 meeting and
recommended approval.
Additional conditions may be attached to "Special Use Permits." The City Council may wish to
consider requiring replacement and enhancement of existing landscaping at this location. The
subject property has a landscaped island adjacent to Grapevine Highway that consists of grass with
a few small shrubs that appear to be dead and/or dying.
The metal awning over the driveway portion of this property has been damaged and a portion is torn
away from the structure. Photographs are attached that will depict the landscaping and torn awning.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Ie Other
Acct. Number
Sufficient Funds Available
Finan..' DIr.ClM
Page 1 of
Staff recommends that if this Special Use Permit is approved that the applicant be required to repair
the awning to its original condition and that a minimum of eight (8) shrubs with a minimum height of
18" be required in the landscaping area adjacent to Grapevine Highway. These shrubs should be
from the list of approved shrubs in the City's Landscaping Ordinance.
RECOMMENDA TION:
To approve PZ 98-39 and Ordinance No. 2338.
CITY OF NORTH RICHLAND HILLS
e
e
e
ORDINANCE 2338
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AUTHORIZE A SPECIAL USE PERMIT FOR AN AUTOMOBILE
LUBRICATION CENTER; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by changing
said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THA T, in case number PZ 98-39, a Special Use Permit be hereby authorized for an
Automobile Lubrication Center on the property described as follows:
Lot 7, Block F, Richland Oaks Addition, located at 8208 Grapevine Highway.
2.
THA T, the applicant be required to repair the awning to its original condition and that a
minimum of eight (8) shrubs with a minimum height of 18" be required in the
landscaping area adjacent to Grapevine Highway. These shrubs should be from the list
of approved shrubs in the City's Landscaping Ordinance.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
Ordinance No, 2338
Page 1
e
e
e
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
~ C~~ t (3c~
Department Piead
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No, 2338
Page 2
e
e
e
PZ 98-39
ZONING EXHIBIT
., "J, :: U
i i uf¡,
'I 'ï ,. I i-. 1
i I
c-,
c-,
1332
,,,, '''11
It... 10 n..
\ / '.'
'.
i
'.. i
'"I .. J
I
i '.,
"-\~ \\:-.'r,: R-l It
'.. . \' ,Ì\' !
\t\~ , I. 1\
'II ' ! !
r ....._........~'~..=.¡"..
b
&d
w
....
¿;
~
II(
.... I
~ (
: !4
, ,
I
'., ~'
'.
'"
',' I,ll
", II
r r-=-:: ,
"
II
Ii
'h __ ""
'I
,.. ?
= I
"
,
~
.., 0
}
:
"
..
C,2
1802
, '
I
I' j I'J ~
a
!: !
'UN
r.
C'I
....
I
£:)
a..
i
I
Þ·..;.\"
'. ~ \......
\\1:-i
R -7,
.~~=o..__.::\:. '~"'''''i¡
.' 1\," '
\1 Il., \, .1 "
.' ~ \ Ì\ r" .
.\ \ \'}\)
I
I,
I ¡-
II
C-2
1771
~l
E,lLJV' ~
:, )OJ
rtffl
e
~
fh~~b
~O'
L},Ct:
--
\
, T:'1... ,-,.
\ ,n. . 'c.'.
\,.-Þ
,
.-,' '\
T ..
T H . ~ .:8 ~ ~ \
/,
/
2·
6
r¥r
~ ¡E. . LiZ..
.. I.....
." ......
."' '>
q
(r5' . ;'\
I~"',-,
\<;:\ . ' ,
iì1 . c;' ,
l
e
~EHqIE
,~~ ~ :~301 -pO-r
:;, ~>41 I .:';
\ . ')
, ,
\~,._._----,
.. -.- -..-. .--. ... . -..-
... -....- _.-
~ f
.. 0 ¡«
~ ~~- -~~.- -:- " i NO 0 ¡\ .
~_" J 'fÜ: 1L~
. ..
I
..-..---..- ..'.
~
~ I ~
...... ::3 I IS
l~.. , ___L _H__, S
.--.. -.-------
e
PZ 98-39
Agenda Item #
-
e
e
e
13.
PZ 98-39
PUBLIC HEARING TO CONSIDER THE REQUEST OF LANKFORD EWELL
,FOR A SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE LUBRICATION
CENTER ON LOT 7, BLOCK F, RICHLAND OAKS ADDITION. (LOCATED AT
8208 GRAPEVINE HIGHWAY)
APPROVED
Mr. Baker explained that the applicant had originally applied for a Certificate of
Occupancy for an auto lube center. Because the property is zoned C1 and
within 200' of residentially zoned property, a Special Use Permit is required.
Chairman Davis opened the public hearing and asked the applicant to come
forward.
Mr. Lankford Ewell, 8208 Grapevine Highway, presented his request explaining
that he will be doing state inspections at this location and wants to offer an
additional service.
Seeing no additional proponents, and no opponents, the public hearing was
closed.
Mr. Bowen, seconded by Mr. Miller, moved to approve PZ 98-39. The motion
carried with a vote of 7 - O. Messrs. Bowen, Miller, Wood, Davis, Laubacher,
Nehring & Blue were in favor of this request.
Page 168/27/98
P & Z Minutes
e
.
-
ORDINANCE 2338
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING-ORDINANCE-NUMBER 1874, THE ZONING ORDINANCE,
TO AUTHORIZE A SPECIAL USE PERMIT FOR AN AUTOMOBILE
LUBRICATION CENTER; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by changing
said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THA T, in case number PZ 98-39, a Special Use Permit be hereby authorized for an
Automobile Lubrication Center on the property described as follows:
Lot 7, Block F, Richland Oaks Addition, located at 8208 Grapevine Highway.
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
Ordinance No. 2338
Page 1
e
-
e
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No, 2338
Page 2
·
L-
.-....-~..:~~
J
i
I
I
:":':~I !
'.. '~"~..":'" I
":, ,~,:::':'~:': '
.:.;. .. ~-~=-: I
I
-
e
b LJ Wee.. 2olkR.--
'~ .
~
~
...........
---i
",~
Nf~H
APPL/CA TION FOR A
SPECIAL USE PERMIT
City of No,-:,~ ,".;c,'land Hiils
.
{?:~']3:! ;r'.--:: :r :'I=~ aH r~s':or.$'H}
7301 NE L:e;, 320
Nama of applicant; agent:
PART 1. APPLICANT INFORMATION
No~h Ri:,~=,~: Hills, Ta:<:a3
317·531'55':'J
-
.J.
Street address 0/ applicant; agent:
L~K.Mad
E:.wE:.LL
:z. 7l>
;1!,f,A! 77 AI
DIZ.
""
Cit'(; State; Zip COde of applicant; agent:
¡D'S
ß~à .{o~b 7i. 7 ~IJ 'l.../
PART 2. PROPERTY OWNER INFORMATION
I T'I'~;~; n.";:,; ~~;;~aw;1 ~~ 01'5 .cß)
Name of prJ¡;e17y O'-vner:
alf,¿¡e
.:r: (]ÐÞel~
Streel address 0 property owner:
~ 7_ IV C' L..I""-I/~
..;J '-0 Þ ..ii> .. If'P"
City; State I Zip COde of property owner:
~/l.. r WDll-rll, 7K.
7~ 1//
I a!aphone num!;er of Property owner:
1/ 7 - K 31 - "¿' 8 f
Note: Artac.i lerter or affidavit from propert'( Owner if eifferent from applicant I agent:
Current zonlr.g classification:
PART 3. DESCRIPTION OF REQUEST
~-I
Proposed use of the property:
Oescába t,~e nat¡¡(f~ of the propOSed actlvirl and any partic¡¡lar charactenstics related to the use of I"a property:
7ifN~ l4p
:; ¿ 4#. 'L e ~ AJ Tt!,.t-
7H~ t. U¡Þ :; Nt:> p
,
~
¿If"£.
~121Z..
af
32.0 <¡
GÆ+j)~ IJ/~L
,
W7
~
-
Si!,,! plan at:a;,1ad which conform:; ,'/1:.'1 :he requlfement:; Inclueed In t,'1I:; packet:
Yo-
'---'
,-¡ No
-
Oala, g - , - f S .
I "roOy CM"II",I am, ","pro "n/, /h, I'çal ,wn" olth, Pm""'1 "",cnb,,, ",,, aM ", n,,~Oy '"Om,""" ""'"'" 'or 'POm"aI
of a Special Use Pemlltto the Planning and Zonli:g Commission for con:;n:erùtlcn
AffidavIt ar:JC"~d from proP"Jrty Owner If applicant IS not owner:
I:7'f' '(~:; i ì No
'-------
Print "lam"! bA-Je.¡L...1 ::r. (J,ð ~ dhJ
PART 4. FOR OFFICE USE ONL Y
Signature:
~
Date of ?Ianmng ~ Zomng Commission ?ub/¡c Heanng:
TaKes Pal!J?
LYe::;
-
L-:
Nv
·3q
Dale of City Counc¡f PUblic Heanng'
Liens Pale'
¡-Y%
-
I ,
L.-.:
No
S300.00
SpeCIal Use Permll Appro'.II:!d:
:~ Yes ¡---: '''/0
~ '-
ASSe5Smlf!n~s Paid?
L : Yes L-.J
1\'0
Conelllons ot ApprO~'al:
This application wIll not bo
sCheduled for public heanng
unt¡f the applica::cn fee is
received.
SPECIAL USE PERMIT
CD - 41~ (2/96)
-
.
e
I'
.
CITY OF
NORTH RICHLAND HILLS
Department Planning & Inspections Council Meeting Date:
SubjectPublic Hearing to Consider Removing the Sign Regulations Agenda Number:
!-rom the Lonlng Urdrnance. Ordmance No. 2336
9/28/98
PZ 98-37
Staff has received direction from the City Council indicating their desire to establish sign regulations
as a separate ordinance rather than including them in the NRH Zoning Ordinance.
The Planning & Zoning Commission considered this item at it's August 28, 1998 meeting and
recommended approval provided the same regulations are adopted as stand alone ordinances the
same night until the revisions are incorporated and adopted.
RECOMMENDA TION:
To approve PZ 98-37 and Ordinance No. 2336.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
~~g:: -j í2~~
Depa}t;~t Head Signature
CITY COUNCIL ACT/ON
FINlnci DIr.C1~
Page 1 of
e
11.
PZ 98-37
PUBLIC HEARING TO CONSIDER REMOVING THE SIGN REGULATIONS
FROM THE ZONING ORDINANCE AND ESTABLISHING THEM AS A
SEPARATE CITY ORDINANCE.
APPROVED
Chairman Davis opened the public hearing and asked for any proponents.
Mayor Scoma explained that the City Council has decided to remove the sign
regulations and landscaping ordinance from the Zoning Ordinance. He
explained that many cities operate the same way. Council believes stability can
-be established in these two ordinances if removed from the Zoning Ordinance.
An Ad-Hoc Committee has recently been formed that will review these two
ordinances, and will report its recommendations, from a citizen's viewpoint to the
City Council, a recommendation of an ordinance. The Council will then consider
this ordinance for adoption. Once adopted, when issues go before the ZBA, the
law as established by ordinance, will require an applicant to show a "hardship"
and eliminates a great deal of subjectivity, to determining what actually
constitutes a hardship. Mayor Scoma stated that it is not his or the Council's
objective to exclude the P&Z, but instead solicit the Commissions support and
collectively come up with the best ordinance for the City.
e
Responding to a question, Mayor Scoma stated that on the night these
regulations are removed from the Zoning Ordinance, the same ordinances would
be adopted as stand alone ordinances until revisions are made. It is not the
intention of the Council to have no sign or landscaping regulations in the interim.
Mayor Scoma explained that the end result would be an updated land use plan,
which is somewhat outdated.
Chairman Davis explained that he believes he did not want this Commission to
loose control over what he considers very integral components of planning. He
continued by stating that his understanding of what the Mayor said is that any
amendments to these ordinances would be given a cursory look and study by
this Commission. He thanked the Mayor for his clarification and he wanted to
record to reflect that he does not believe that this ordinance change is "politics
working."
Mr. Laubacher expressed disappointment that information from the Mayor
regarding this issue had not been provided in a timely manner
e
Mayor Scoma explained that the Ad-Hoc Committees would have their first
general meeting the following week. Each committee will be seated and then
each individual committee will establish their committee leadership, agendas and
Page 13 8/27/98
P & Z Minutes
e
schedules. They will be given a scope of work and a charter. There will be a
representative from the P&Z Commission, Parks & Recreation Board and from
the ZBA that will be a liaison with these groups. He hopes the committee's will
complete their work by January or February of 1999 and give their reports to this
Commission, who will then massage the proposed ordinances, and make a
recommendation to the City Council.
Seeing no additional proponents or no opponents, the public hearing was closed.
Mr. Lueck, seconded by Mr. Blue, moved to approve PZ 98-37 provided the
same ordinances are adopted the same night as stand alone ordinances until
new regulations are adopted. The motion carried with a vote of 7 - O. Messrs.
Lueck, Blue, Nehring. Laubacher, Davis, Bowen and Miller were in favor of this
req uest.
e
e
Page 148/27/98
P & Z Minutes
·
e
e
ORDINANCE 2336
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO DELETE SECTION 900, THE SIGN REGULATIONS AND ALL
RELATED DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, Section 900, Sign Regulations, and all related definitions are hereby deleted
from Ordinance 1874, the Zoning Ordinance of the City of North Richland Hills.
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
Ordinance No. 2336
Page 1
e
e
-
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2336
Page 2
~~lO
e
11.
PZ 98-37
PUBLIC HEARING TO CONSIDER REMOVING THE SIGN REGULATIONS
FROM THE ZONING ORDINANCE AND ESTABLISHING THEM AS A
SEPARATE CITY ORDINANCE.
APPROVED
Chairman Davis opened the public hearing and asked for any proponents.
e
Mayor Scoma explained that the City Council has decided to remove the sign
regulations and landscaping ordinance from the Zoning Ordinance. He
explained that many cities operate the same way. Council believes stability can
be established in these two ordinances if removed from the Zoning Ordinance.
An Ad-Hoc Committee has recently been formed that will review these two
ordinances, and will report its recommendations, from a citizen's viewpoint to the
City Couneil, a r:eoommonåation of an eFdinaRGo. Tt;}e COLmsil ':.~iII thon sonsiåer
thiE ordinanoo for aåoption. Planning & Zoning Commission. The P&Z will then
have those recommendations to send to the City Council and ordinance
recommendations will then be considered by the City Council for adoDtion. Once
adopted, when issues go before the ZBA, the law as established by ordinance,
will require an applicant to show a "hardship" and eliminates a great deal of
subjectivity, to determining what actually constitutes a hardship. Mayor Scoma
stated that it is not his or the Council's objective to exclude the P&Z, but instead
solicit the Commissions support and collectively come up with the best ordinance
for the City.
Responding to a question, Mayor Scoma stated that on the night these
regulations are removed from the Zoning Ordinance, the same ordinances would
be adopted as stand alone ordinances until revisions are made. It is not the
intention of the Council to have no sign or landscaping regulations in the interim.
Mayor Scoma explained that the end result would be an updated land use plan,
which is somewhat outdated.
Chairman Davis explained that he believes he did not want this Commission to
loose control over what he considers very integral components of planning. He
continued by stating that his understanding of what the Mayor said is that any
amendments to these ordinances would be given a cursory look and study by
this Commission. He thanked the Mayor for his clarification and he wanted to
record to reflect that he does not believe that this ordinance change is "politics
working."
-
Mr. Laubacher expressed disappointment that information from the Mayor
regarding this issue had not been provided in a timely manner
Page 13 8/27/98
P & Z Minutes
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ & InsDections Council Meeting Date: 9/28/98
Subject:Public Hearing to Consider Removing the Landscaping Agenda Number: PZ 98-41
Regulations from the ZOning Ordinance. Ordinance No. 2339
Staff has received direction from the City Council indicating their desire to establish landscaping
regulations as a separate ordinance rather than including them in the NRH Zoning Ordinance.
The Planning & Zoning Commission considered this item at it's August 27, 1998 meeting and
recommended approval provided that the same ordinances are adopted as stand alone ordinances in
the interim.
RECOMMENDATION:
To approve PZ 98-41 and Ordinance No. 2339.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Oth
Acct. Number
Sufficient Funds Available
portment Heed Signature '~ ð~
CITY COUNCIL ACTIO ,EM
Page 1 of
Anan~- Dnctor
e
14.
PZ 98-41
PUBLIC HEARING TO CONSIDER REMOVING THE LANDSCAPING
REGULATIONS FROM THE ZONING ORDINACE AND ESTABLISHING THEM
AS A SEPARATE CITY ORDINANCE.
APPROVED
The public hearing for this case was conducted simultaneously with PZ 98-37.
Mr. Bowen, seconded by Mr. Blue, moved to approve PZ 98-41. The motion
carried with a vote of 7 - O. Messrs. Bowen, Blue, Laubacher, Nehring, Davis,
Miller and Lueck were in favor of this motion.
Chairman Davis commended the Mayor, Council and Ad-Hoc Committee for their
efforts and stated he looked forward to working with them in the future.
e
.
Page 178/27/98
P & Z Minutes
e
e
e
ORDINANCE 2339
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HillS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO DELETE SECTION 1000, THE LANDSCAPING REGULATIONS
AND ALL RELATED DEFINITIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS:
1.
THAT, Section 1000, Landscaping Regulations, Section 1010, Buffer Yard Regulations,
and all related definitions are hereby deleted from Ordinance 1874, the Zoning
Ordinance of the City of North Richland Hills.
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City
of North Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this Ordinance.
Ordinance No. 2339
Page 1
e
e
e
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF
AUGUST 1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF SEPTEMBER
1998.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No, 2339
Page 2
I
e
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections
Subject:Consider Adoption of Landscaping Regulations
Äs a Stand Alone Ordinance. Ordinance No. 2340
Council Meeting Date: 9/28/98
Agenda Number: GN 98-117
Attached is the proposed ordinance to adopt landscaping regulations as a separate "stand alone"
regulation. In the past, landscaping regulations have been included as a chapter within the North
Richland Hills Zoning Ordinance. The text of the attached ordinance (marked as Option A) is
virtually the same language as that which existed in the zoning ordinance, but with the following
changes:
1. A section has been added to create a Landscape Review Board. This board will consider
variances and appeals regarding landscaping requirements in unusual circumstances. The
Zoning Board of Adjustment will serve in this capacity.
2. A separate penalty clause has been added which authorizes up to a $200.00 fine for violation.
-
At the September 14,1998 City Council meeting, staff was directed to include optional language for
consideration by the City Council. The optional Ordinance (marked as Option B) includes language
that will require additional landscaping and is very similar to the "Interim Landscape Guidelines"
adopted by the City Council on July 27, 1998. The changes are marked as "strike through" and
"bold, underlined, italics". In brief summary, the additional requirements are as follows:
1. Requires a 10' landscape edge setback adjacent to all public streets.
2. Requires 1 two-inch caliper tree per each 300 s.f. of landscape edge.
3. Requires screening along the edge of a parking lot with 24" shrubs or a berm between the street
and the parking lot.
Option "B" also provides a Landscape Review Board for appeals of administrative enforcement, and
it designates the ZBA as the Review Board. If the City Council chooses to be the appeals/review
board, Article I, Section 3.A., Page 8 needs to be changed.
RECOMMENDATION:
To approve GN 98-117 and Ordinance 2340, Option B.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Ot r
Acct. Number
Sufficient Funds Available
ead Signature
CnY COUNCIL ACTIO
FiNncàonc..w
Page 1 of
e
e
e
Option "A"
ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS
ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR
VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS, THAT:
I.
THAT, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULATIONS
1. Landscaping Regulations
A. Purpose - These landscaping regulations provide standards and criteria for new landscaping with
live plant material, and are intended to promote the value of property, enhance the general
welfare, improve the physical appearance of the City, and enhance the community's ecological,
environmental and aesthetic qualities.
1. It is the intent of this Section to establish requirements for the installation and maintenance of
landscaping and buffering elements and other means of site improvement on existing and newly
developed property in order to enhance the community's ecological, environmental and aesthetic
qualities.
2. It is the intent of this Section to reduce the negative effects of increases in air temperatures,
glare. noise, erosion, and sedimentation caused by expanses of impervious and unvegitated
surfaces within the urban environment.
3, It is the intent of this Section to preserve and improve the natural urban environment by
recognizing that the use of landscaping elements can contribute to the processes of air
Ord. No. 2340
Page 1
Option "A"
e
purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the
abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and protect public and
private investment.
B, Applicability - The provisions of the Landscaping Regulations contained in this Section shall apply
in the following situations:
1, When an existing building is proposed for remodeling, alteration, addition, or expansion, in
which the value of the proposed construction exceeds seventy-five percent of the current
appraised value of the existing structures, excluding the value of the land; or,
2. When an existing building is proposed for an addition that will increase the square footage of
the existing building by thirty percent or greater; or,
3. Upon all new construction; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
C. General Criteria
e
1. The standards contained in this Section are considered minimum standards and shall apply to
the following zoning districts: MH1 (when containing two or more dwelling units); R-7-MF Multi-
Family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2
Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium
Industrial District; and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buildings shall be exempt from the
requirements of this Section,
2, All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A
Certificate of Occupancy will be issued only when it is determined by the Enforcing Officer that all
landscaping has been installed in accordance with the approved Landscape Plan. If it is
determined by the Enforcing Officer that planting of live material is hindered by adverse weather
conditions, an extension of time may be granted for a period of up to six months.
3. The landscaped area shall not be used for parking, the display or storage of merchandise, or
any structure requiring a permit, except for permanent signs.
D. Landscape Plan Reauired - When an application is submitted for a building permit on any site
where these Landscape Regulations are applicable, the building permit application shall be
accompanied by a Landscape Plan. The Enforcing Officer shall review the Landscape Plan to
determine compliance with these Landscape Regulations. The Landscape Plan shall include
sufficient information to determine compliance with this Section, and shall as a minimum contain
the following information:
e
1, The date, scale, north arrow, title, and name of owner,
2. A minimum scale of not less than one-inch equals twenty feet.
3, All existing and proposed buildings and other structures, paved areas, planted areas, power
poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be
added and/or retained on the site.
4. The location and height of all trees to be preserved or retained.
5, The location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features,
Ord. No, 2340
Page 2
e
e
~,.
Option "An
6. A delineation of the designated landscaped area
7. A list of the species of all plant material to be used.
8. A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate.
10. The layout and description of irrigation system.
11. The name, address, and telephone number of the person or firm responsible for the
preparation of the Landscape Plan,
E. Reauired Landscaped Area - Every platted lot, as required by this Section, shall provide a
landscaped area equivalent to fifteen percent (15%) of the total land area of the lot. With the
exception of the R-7-MF District, at least one-half of the required total landscaped area shall be
located in the street yards. All ground surfaces not used for buildings, sidewalks, roadways, or
other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover,
flowering plants or appropriate mulching.
F. Landscapina Credits - Credit for trees and shrubs is intended to encourage the enhancement of
the lot through additional landscaping elements. As an altemative to the required fifteen percent
(15%) total landscaped area, landscape credits may be utilized to reduce the total amount of land
area dedicated for landscaping purposes. However, in no instance shall the credits reduce the
total amount of landscaping on a lot to less than seven and one-half percent (7'Yz %) of the total
land area. Credits are allowed for existing or newly planted trees and shrubs, and only if the
feature is maintained as a permanent element of the Landscape Plan.
All landscaped areas, including shrubs and trees which received landscaping credits, shall be
properly maintained, If any plant material dies, such material shall be subject to replacement as
specified in Paragraph G. Credits are allowed as follows:
1. Credit for Shrubs: Credit shall be allowed according to Table 10-A. Any plant type or species
may be used in the landscaping plan. However, landscaping credit shall be allowed only for those
shrubs contained in Table 1.
Table 1
Equivalent Landscape Area for Shrubs
Height of Shrubs Above
Finished Grade. When Planted
Equivalent Landscaped
Area Credits (SQuare feet)
l'
2'
3'
4'
5' and above
10sq.ft.
15 sq. ft.
20 sq. ft.
25 sq. ft.
30 sq, ft.
Table 2
Recommended Plant List for Shrubs
Common Name
Botanical Name
Rhododendron
Buxus microphylla 'Japonica'
Prunus caroliniana
Lagerstroemia indica
Comus florida
Azaleas
Boxwood
Cherry Laurel
Crape Myrtle
Dogwood
Ord, No, 2340
Page 3
e
e
-
Option "A"
Table 2 (continued)
Recommended Plant List for Shrubs
Common Name
Dwarf Buford Holly
Dwarf Chinese Holly
Dwarf Yaupon Holly
Elaeagnus
Flowering Quince
Forsythia
Forsythia
Golden Raintree
Japanese Barberry
Japanese Black Pine
Japanese Ligustrum
Nandina
Pampas Grass
Photinia
Possumhaw Holly
Purpleleaf Plum
Red Cedar
Sea Green Juniper
Spiraea 'Bridal Wreath'
Sumac
Tamarix Juniper
Texas Sage
Texas Sophora
Yaupon Holly
Botanical Name
lIex corn uta 'Bufordii nana'
lIex corn uta 'Rotunda'
lIex vomitoria 'nana'
Elaeagnus pungens
Chanomeles 'Texas Scarlet'
Forsythia intermedia
Forsythia intermedia 'Lynwood Gold'
Koelreuteria paniculata
Berberis thunbergi
Pinus thunbergi
Ligustrum lucidum
Nandina domestica
Cordateria Selloana
Photinia Fraseri
lIex decidua
Prunus cerasifera
Juniperus virginiana
Juniperus Chinensis 'Sea Green'
Spiraea prunifolia
Rhus typhina
Juniperus sabina 'Tamariscfolia'
Leucophyllum futescens compacta
Sophora affinis
lIex vomitoria
2, Credit for Trees: Credit shall be allowed according to Table 3, Any plant type or species may
be used in the landscaping plan. However, landscaping credit shall be allowed only for those
trees contained in Table 4.
Table 3
Equivalent Landscape Area for Trees
Caliper of Trees at 12-inches
Above Grade. When Planted
1"
2"
3"
4"
5"
6" and above
Ord. No. 2340
Page 4
Equivalent Landscaped
Area Credits (sQuare feet)
200 sq. ft.
400 sq. ft.
600 sq. ft.
800 sq. ft.
1,000 sq. ft.
1,200 sq. ft.
Option "A"
e
Table 4
Recommended Plant List for Trees
e
Common Name
Bald Cypress
Bradford Pear
Bur Oak
Cedar Elm
Cedar Elm
Chinese Pistachio
Chinese Tallow
Chinquapin Oak
Crabapple
Deodar Cedar
Ginkgo
Green Ash
Honeylocust
Lacebark Elm
Live Oak
Mesquite
Pecan
Pond Cypress
Post Oak
Red Cedar
Red Oak
Redbud
Silver Maple
Southem Magnolia
Sweetgum
Sycamore
Texas Red Oak
Weeping Willow
White Ash
Botanical Name
Taxodium distichum
Pyrus calleryana 'Bradford'
Quercus macrocarpa
Ulmus crassifloia
Ulmus crassifolia
Pistacia chinensis
Sapium sebiferum
Quercus muehlengergi
Malus
Cedrus deodara
Ginkgo biloba
Fraxinus pennsylvania
Gladitsia triancanthos
Ulmus parvifolia
Quercus virginiana
Prosopis glandulosa
Carya iIIinoensis
Taxodium ascendens
Wuercus glaucoides
Juniperus virginiana
Quercus Shumardii
Cereis canadensis
Acer saccharinum
Magnolia grandiflora
Liquidambar styraciflua
Platanus occidentalis
Quercus texana
Salix babylonica
Fraxinus americana
G. Maintenance of Landscapina - All landscaping and related maintenance shall be the responsibility
of the property owner. The following minimum standards shall be required:
1. All required landscape areas shall be permanently maintained and shall have an underground
irrigation system which satisfies all applicable requirements of the City. The irrigation system shall
be installed by a licensed irrigator or master plumber,
2, Irrigation systems may be buried on public street right-of-way; however, the City or any
franchised utility will not be responsible for damage to any landscaping material or equipment
while performing repairs of maintenance to its system.
3, Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants
that are not a part of the landscaping.
4. All plant materials shall be maintained in a healthy and growing condition as appropriate for the
season of the year. The property owner is responsible for regular weeding, mowing of grass,
irrigation, fertilizing, pruning, and other maintenance of all plantings as needed.
-
Ord, No, 2340
Page 5
Option "A"
e
5. Plant materials which die shall be replaced by the owner within a six-month period with plant
material of similar variety and size,
H, Landscapina of Parkina Areas It is the intent of this Section to encourage the design and
construction of parking areas in a manner whereby areas within the parking lot are landscaped as
well as areas considered unusable for parking or maneuvering space, It is also the intent of this
Section to aid in the abatement of noise, glare, and heat associated with large expanses of hard
paved surfaces and motor vehicles, Parking areas shall be landscaped in accordance with the
following regulations:
1. Landscaping within the parking and maneuvering areas may apply to the overall landscape
requirement for the lot.
2. When the parking and maneuvering area exceeds one acre, not less than five percent of the
interior parking and maneuvering area shall be maintained as landscaped area, The interior
parking and maneuvering area is determined by drawing a straight line along the outermost edge
of pavement on each side of the parking and maneuvering area. The line shall not follow the
landscaped bump-outs or islands but shall continue to project in a straight line around the
perimeter of the parking area. Landscaping on the perimeter of the parking and maneuvering
area shall not be included in calculating the required five percent landscaped area,
e
3. All landscaping within the parking lot shall be located within a landscape island or module, The
island or module shall be delineated from the surrounding paved area by a curb or barrier of not
less than six inches in height around the perimeter of the island or module. The curb or barrier
shall be constructed of masonry or concrete. Each island or module shall be a minimum of five
feet wide, Each island or module shall be located entirely within the confines of the parking and
maneuvering area.
4. Landscape islands or modules shall be irrigated by an underground system as required by this
Section. Irrigation of all landscaped area adjacent to any parking and/or driving surfaces shall be
installed such that a minimum amount of water is applied to parking and/or driving spaces.
5. All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking
lots shall be set back two and one-half feet from any curb and/or curb stop.
6. Landscaping material in parking lots shall include shrubs and trees or a combination thereof,
which in turn may be planted with a combination of grass, ground cover, and/or flowering plants.
7. For any larger existing trees located in the parking area, which are being retained and
incorporated into the Landscape Plan, an appropriate aeration system or an alternative method of
protecting the trees must be provided and detailed in the Landscape Plan, At least three-fourths
of the tree dripline area must be in a permeable area.
I, Conflict with Traffic - Landscape plantings shall not be erected or installed in such a manner as to
interfere with traffic view or impose a safety hazard. All landscape plantings shall comply with any
applicable Visibility Sight Triangles as provided for in these regulations,
2. Buffer Yard Regulations
e
A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering
between zoning districts of different character in order to mitigate the effects of potential
nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between
different zoning districts that may be considered incompatible.
Ord. No, 2340
Page 6
Option "A"
e
B. Buffer Yard Between Zonina Districts Reauired For any non-residential construction which abuts
a single-family or two-family residential zoning district or agricultural zoning district, there shall be
a buffer yard of live plant material for the entire width and distance along which the development
abuts the residential district. The buffer yard shall be of a width as required in Table 5, This
green belt is included in the overall calculation of the percentage of required landscaping,
Table 5
Width of Required Buffer Yard
ZoninQ District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
1 0 feet
1 0 feet
1 0 feet
1 0 feet
1 0 feet
15 feet
15 feet
15 feet
15 feet
C, Exception to Buffer Yard ReQuirement Where a masonry screening wall is provided, the buffer
yard shall not be required.
e
3. Landscape Review Board
A. Creation: There is hereby created a Landscape Review Board consisting of five members and two
alternates, each to be appointed by a majority of the City Council for a term of two years and
removable for cause by the appointing authority on a written charge after a public hearing, It is
the declared policy of the City Council that it will consider and appoint only those persons who
have demonstrated their civic interest, general knowledge of the community, independent
judgment, and availability to prepare for and attend meetings. For the purpose of this Ordinance,
the members of the North Richland Hills Zoning Board of Adjustment shall serve in the capacity of
the Landscape Review Board.
B. Terms of Office: The members shall serve for a period of two years and until their successors are
duly appointed. Qualified Board members may be appointed to succeed themselves,
C. Vacancy: Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur
whenever the City Council finds that member has resigned, has not maintained the qualifications
required for appointment or has been removed by City Council for cause.
D. OrQanization: The Board shall elect a chairman from among its members to preside at meetings.
Such chairman, or in his absence an acting chairman elected from among the members, may
administer oaths and compel the attendance of witnesses. The Board shall designate the time
and place of its meetings. The Board shall adopt rules to govern its proceedings. provided
however, that such rules are not inconsistent with this Ordinance or inconsistent with the statutes
of the State of Texas, All meetings of the Board shall be open to the public.
-
E. MeetinQs and Quorum: Four members of the Board shall constitute a quorum for the conduct of
business, The members of the Board shall regularly attend meetings and public hearings of the
Board and shall serve without compensation, Minutes shall be kept showing the vote of each
Ord, No, 2340
Page 7
Option "A"
-
member on each question or the absence or failure of each member to vote. Such proceedings
shall be a public record and shall be retained for at least five years,
F, Jurisdiction: The Landscape Review Board shall have the right to inspect premises where
required in the discharge of their responsibilities under this ordinance. The Landscape Review
Board, in specific cases. may authorize or order the following:
1. Interpretation: To hear and decide appeals where it is alleged there is error on any order.
requirement, decision or interpretation of this ordinance by the Building Official. In reaching its
decision. the Board shall establish firm guidelines for future administrative actions on like matters,
2. Permits for Nonconformities: To authorize, when applicable, a building permit for the
reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-
conforming withlin the requirements of this Ordinance.
3, Variances: To authorize upon appeal, in specific cases, such variance from the terms of this
Ordinance as will not be contrary to the public interest and where, because of special conditions,
the enforcement of the Ordinance would result in an unnecessary hardship.
G. Interpretation ReQuest or Appeal: A request for interpretation of regulations or an appeal for
variance from a certain provision of this ordinance may be taken by any person aggrieved or by
any officer, department, or Board of the City affected by a decision of the City Enforcement
Officer, Such appeal shall be taken within fifteen (15) days time after the decision has been
rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof,
The Enforcement Officer shall transmit to the Board all papers constituting the record upon which
the action being appealed was taken,
e
H. Application: Before any request for an interpretation or a variance from this Ordinance will be
heard by the Landscape Review Board. application shall be made and duly filed by the property
owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such
application shall included, but is not limited to, the following:
1. the name, address, and phone numbers of the property;
2. the name, address, and phone numbers of the owner's agent, if applicable;
3. the legal description of the property;
4. a brief description of the variance sought;
5. the required number of copies of a current boundary survey, plat, or plot plan of the property.
The applicant must provide proof of ownership of the property, or a letter from the owner of the
property granting the applicant permission to request the variance.
I. Fees: Every application for a variance shall be accompanied by a filing fee as follows: $175.00.
J. Stay of ProceedinQs: An appeal shall stay all proceedings of the action appealed from unless the
City Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board
that a stay would, in the opinion of the City Enforcement Officer, cause imminent peril to life or
property. In such case, proceedings shall only be stayed by a restraining order granted by the
Board or by a court of record,
e
K, Form of Appeal or Application: An appeal or application shall be in such form and contain such
information as the Board may require under its Rules of Procedure. It shall be accompanied by
the required fee. An incomplete appeal or application shall be deemed only to give notice of intent
to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought
to completion,
Ord. No. 2340
Page 8
Option "A"
e
L. Notice of Hearino: Official written notice of public hearing on every application for a variance or
for an interpretation of regulations applying solely to an individual property shall be sent to all
owners of real property lying within two hundred feet of any property on which the variance is
requested. The notice of hearing shall be given to each taxpayer as the ownership appears on
the last approved city tax roll by depositing such notice, properly addressed and postage paid, in
the United States Post Office, not less than ten days before the date set for a hearing before the
Landscape Review Board. Notice of hearing shall also be given by publication in the official
newspaper of the city at least ten days before the date before the date set for a hearing before the
Landscape Review Board, Such notice shall state the time and place of such hearing, and the
nature of the subject to be considered.
M, Hearino:
1. Upon the hearing, the applicant shall appear in person or by attorney or authorized agent.
Evidence supporting the granting or denial of an appeal shall be submitted only through the City
Enforcement Officer or to the Board in public meeting.
2, Any appeal or application may be withdrawn upon written notice to the City Enforcement
Officer,
3. The Board shall make its decision on any application within forty-five days from the time the
initial hearing is held or the application will be deemed to have been denied.
N. Decision and Votina:
e
1. Every decision of the Board shall be based upon findings of fact and every finding of fact shall
be supported in the record of proceedings, The Board may act only in matters as specifically
authorized by these regulations and these regulations shall be construed as limitations on the
power of the Board to act.
2. Nothing herein contained shall be construed to empower the Board to change the terms of
these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so
applied that the terms of these regulations will be strictly enforced.
3, The affirmative vote of four members shall be necessary to reverse, on appeal, any order,
requirement, decision or determination of the City Enforcement Officer; to approve any variance
that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-
conforming use, structure, or lot.
4, A member shall disqualify himself from voting whenever he has a personal or monetary
interest in the property under appeal, or will be directly affected by the decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or his agent, has
sought to influence the member's vote on the appeal other than in the public hearing.
6. The decision of the Board shall be final.
O. Approval of Reouest:
Ie
1. In approving any request, the Board may designate such conditions including time limits, if
appropriate, in connection therewith in order to secure substantially the objectives of the regulation
or provision to which such variance is granted and to provide adequately for the maintenance of the
integrity and character of the zone in which such permit is granted.
Ord, No, 2340
Page 9
I
.
Option "A"
e
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure
that conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or
construction permits within sixty days after the Board's decision unless a greater time is requested
in the application and is authorized by the Board. Any approval may be granted one emergency
extension of sixty days on written request filed with the Board before expiration of the original
approval. Failure of the applicant to apply for occupancy of construction permits within the
authorized time period shall void the right to secure such permits except upon the filing of a new
application or appeal.
P. Denial of Reauest: No appeal or application that has been denied shall be further considered by the
Board, unless the Board affirmatively finds:
1, That new plans materially change the nature of the request, or
2, The permitted development of other nearby property in the same zone has been substantially
altered or changed by a ruling of the Board so as to support an allegation of changed conditions.
4. Violations
A.
e B.
C.
If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he
shall, when necessary, give notice to the person responsible to cease such violations forthwith.
Written notice may be delivered in person or by mail to a violator or to any person in charge of
property where a violation is occurring. Verbal notice may be given to a violator in person by the
City Enforcement Officer or his deputy, Either notice shall be effective.
In their interpretation and application, the provisions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of public health, safety, morals and general
welfare,
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that
impose higher standards as determined by the City Enforcement Officer shall govern.
II.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred
dollars ($200.00) for each offense. Each day such violation continues to exist shall constitute a
separate offense.
III.
Severability Clause
e
That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid
Ord. No, 2340
Page 10
e
e
e
Option "A"
judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section,
IV.
Effective Date
This ordinance shall be in full force and effect from and after its passage,
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
AffROVED AS TO CONTENT:
Ij~tß~
Departmen Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Oed. No. 2340
Page 11
e
e
e
Option "B"
ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS
ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR
VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
I.
THAT, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULATIONS
1. Landscaping Regulations
A. Purpose - These landscaping regulations provide standards and criteria for new landscaping with
live plant material, and are intended to promote the value of property, enhance the general
welfare, improve the physical appearance of the City, and enhance the community's ecological,
environmental and aesthetic qualities,
1, It is the intent of this Section to establish requirements for the installation and maintenance of
landscaping and buffering elements and other means of site improvement on existing and newly
developed property in order to enhance the community's ecological, environmental and aesthetic
qualities.
2. It is the intent of this Section to reduce the negative effects of increases in air temperatures,
glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated
surfaces within the urban environment.
3. It is the intent of this Section to preserve and improve the natural urban environment by
recognizing that the use of landscaping elements can contribute to the processes of air
Ord, No. 2340
Page 1
Option "B"
e
purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the
abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and protect pUblic and
private investment.
B. Applicability - The provisions of the Landscaping Regulations contained in this Section shall apply
in the following situations:
1, When an existing building is proposed for remodeling, alteration, addition, or expansion, in
which the value of the proposed construction exceeds seventy-five percent of the current
appraised value of the existing structures, excluding the value of the land; or,
2. When an existing building is proposed for an addition that will increase the square footage of
the existing building by thirty percent or greater; or,
3. Upon all new construction; or,
4, As a requirement of the approval of a Special Use Permit or Planned Unit Development.
C. General Criteria
e
1. The standards contained in this Section are considered minimum standards and shall apply to
the following zoning districts: MH1 (when containing two or more dwelling units); R-7-MF Multi-
Family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2
Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium
Industrial District; and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buildings shall be exempt from the
requirements of this Section.
2. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A
Certificate of Occupancy will be issued only when it is determined by the Enforcing Officer that all
landscaping has been installed in accordance with the approved Landscape Plan. If it is
determined by the Enforcing Officer that planting of live material is hindered by adverse weather
conditions, an extension of time may be granted for a period of up to six months.
3. The landscaped area shall not be used for parking, the display or storage of merchandise, or
any structure requiring a permit, except for permanent signs.
D. Landscape Plan ReQuired - When an application is submitted for a building permit on any site
where these Landscape Regulations are applicable, the building permit application shall be
accompanied by a Landscape Plan. The Enforcing Officer shall review the Landscape Plan to
determine compliance with these Landscape Regulations. The Landscape Plan shall include
sufficient information to determine compliance with this Section, and shall as a minimum contain
the following information:
e
1, The date, scale, north arrow, title, and name of owner.
2, A minimum scale of not less than one-inch equals twenty feet.
3. All existing and proposed buildings and other structures, paved areas, planted areas, power
poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be
added and/or retained on the site.
4, The location and height of all trees to be preserved or retained.
5, The location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features.
Ord. No. 2340
Page 2
Option "B"
e
6, A delineation of the designated landscaped area
7. A list of the species of all plant material to be used.
8. A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate.
1o, The layout and description of irrigation system.
11. The name, address, and telephone number of the person or firm responsible for the
preparation of the Landscape Plan.
E. Reablirealana&oasea .^,rea - livery plattea lat, as FeE l:Iirea BY tl:1is SeGtieA, sl:1all :Ir-eviae :I
13n€l&oa :led area eE !:IivaleRt ta fifteen paFeeRt (15%) af t/:le tetal13F18 aFea af the lot. \fAt :¡ thø
8xoe :ltisR of the R 7 MF OistFist, at least aRe /:Ialf af t/:le FeE bliFea tetallaA8soa 3eel or:ea s/:l311lao
loc3teel iF! the str-eet yar:el&. /\11 gr-e!:lFla sblrfaees Aat !:Isea fer Bl:lilaiRgs, siae'::alks, Feaa\'.<ays, sr
other im 3ermeaBle sl.Irfaaes shall Be a9verea .."itA live gr3&S, t!:lrf, &/:1 11::1 B BeF)l , trees, gr-ol.lna cover,
fto'Nering :IloRte er û :l 'i)F8J3Fiate ITIl:lla/:liRg.
E. Landscape Area Percentaae - An area not less than fifteen (15%) of the
total lot area shall be landscaøed. No area shall be maintained with bare
soil. All ground surfaces not used for buildinas. sidewalks. roadways. or
other imøermeable surfaces shall be covered with live arass. turf.
shrubbery. trees. around cover. fIowerina plants or aøpropriate mulching
and only those areas with live plant materials shall be included in the
calculation for determining compliance with the øercentaae of lot
coverage. The required landscaped area shall be located in the street yard.
e
F. Landscape Setback - There shall be a landscape setback area havina a
minimum width of ten (10) feet adiacent to all øublic street riahts-of-way in
which there shall be no buildinqs or paving. exceøt for driveway access.
sidewalks. or trails that cross the landscaped edge. Roof overhangs and
awninas are permitted within this area as lona as no conflict exists with the
required landscapina. Loading areas. outside storage and outside disø/ay
areas shall not encroach into the landscape setback.
G. Landscaping Along Street Right-of Way - A landscaøed edqe shall be
ørovided adiacent to all streets and shall contain grass. around covers.
shrubs. trees or any combination thereof. as provided herein. Within the
landscaped edge. one (1) 2" caliper tree shall be planted per three hundred
(300) square feet. or increment. of landscaped edae. Existina trees
situated within the landscaped edge may be included in this calculation.
Ten (10) shrubs. two (2') foot in height minimum. shall be ø/anted per 300
sauare feet of landscaped edqe. The number of reauired trees and shrubs
shall be calculated soley on the area of the required landscaøed edae.
e
H. Parkina Lot Screenina - Parkin a and maneuvering areas which are not
screened by on-site buiildinas or fences shall be screened from view of
øublic streets as follows:
1. Screening shall be a minimum heiaht of twenty-four (24) inches above
the grade of the øarkina lot alonq the entire lenath of the øarking and
Ord, No. 2340
Page 3
Option "B"
e
maneuverina area and provide a solid screeninf} barrier using one. or a
combination. of the followina:
a. Screeninf} shrubs
b. Walls
c. Berms
2. Screening shrubs shall be spaced a maximum of three (3) feet on center
and shall be capable of reaching a minimum height of twenty-four (24)
inches within eighteen (1 B) months of planting.
3. This landscaDing shall occur adiacent to the Darkina or maneuvering
area.
4. Wall structures shall be masonry. There shall be a contiuous concrete
mow edge with a minimum of twelve (12) inches on the side of a wall
facing the street right-of-way and be constructed to the standards in the
Public Works Desian Manual.
5. Wheel stoDs shall be provided for parkina SDaces adiacent to a
landscaped area to prohibit any car overhang over the planting area.
Wheel stops shall be located twenty-four (24) inches from the end of the
Darking area. Shrubs planted a minimum of thirty-six (36") behind a
curbed area shall be exempt from the wheel stop requirement.
6. The maximum sloDe of any berm shall not exceed 1:3 (one foot rise to
three feet of run) and shall be entirely vegetated with live plant
materials.
7. Screening shall not extend into any visibility triangle.
e
I.
LandscapinQ Credits - Credit for trees and shrubs is intended to encourage the enhancement of
the lot through additional landscaping elements. As an alternative to the required fifteen percent
(15%) total landscaped area, landscape credits may be utilized to reduce the total amount of land
area dedicated for landscaping purposes. However, in no instance shall the credits reduce the
total amount of landscaping on a lot to less than seven and one-half percent (7% %) of the total
land area, Credits are allowed for existing or newly planted trees and shrubs, and only if the
feature is maintained as a permanent element of the Landscape Plan.
All landscaped areas, including shrubs and trees which received landscaping credits, shall be
properly maintained. If any plant material dies, such material shall be subject to replacement as
specified in Paragraph G, Credits are allowed as follows:
1, Credit for Shrubs: Credit shall be allowed according to Table 10-A. Any plant type or species
may be used in the landscaping plan. However, landscaping credit shall be allowed only for those
shrubs contained in Table 1.
e
Qrd,No.2340
Page 4
Option "B"
e
Table 1
Equivalent Landscape Area for Shrubs
Height of Shrubs Above
Finished Grade, VVhen Planted
Equivalent Landscaped
Area Credits (sQuare feet)
l'
2'
3'
4'
5' and above
10 sq. ft.
15sq,ft,
20 sq. ft,
25 sq, ft.
30 sq, ft.
Table 2
Recommended Plant List for Shrubs
-
Azaleas
Boxwood
Cherry Laurel
Crape Myrtle
Dogwood
Dwarf Buford Holly
Dwarf Chinese Holly
Dwarf Yaupon Holly
Elaeagnus
Flowering Quince
Forsythia
Forsythia
Golden Raintree
Japanese Barberry
Japanese Black Pine
Japanese Ligustrum
Nandina
Pampas Grass
Photinia
Possumhaw Holly
Purpleleaf Plum
Red Cedar
Sea Green Juniper
Spiraea 'Bridal Wreath'
Sumac
Tamarix Juniper
Texas Sage
Texas Sophora
Yaupon Holly
Common Name
Botanical Name
Rhododendron
Buxus microphylla 'Japonica'
Prunus caroliniana
Lagerstroemia indica
Comus florida
/lex comuta 'Bufordii nana'
/lex corn uta 'Rotunda'
/lex vomitoria 'nana'
Elaeagnus pungens
Chanomeles 'Texas Scarlet'
Forsythia intermedia
Forsythia intermedia 'Lynwood Gold'
Koelreuteria paniculata
Berberis thunbergi
Pinus thunbergi
Ligustrum lucidum
Nandina domestica
Cordateria Selloana
Photinia Fraseri
/lex decidua
Prunus cerasifera
Juniperus virginiana
Juniperus Chinensis 'Sea Green'
Spiraea prunifolia
Rhus typhina
Juniperus sabina 'Tamariscfolia'
Leucophyllum futescens compacta
Sophora affinis
/lex vomitoria
2, Credit for Trees: Credit shall be allowed according to Table 3. Any plant type or species may
be used in the landscaping plan, However, landscaping credit shall be allowed only for those
trees contained in Table 4,
e
Ord. No, 2340
Page 5
Option "B"
e
Table 3
Equivalent Landscape Area for Trees
Caliper of Trees at 12-inches
Above Grade, When Planted
Equivalent Landscaped
Area Credits (square feet)
1"
2"
3"
4"
5"
6" and above
200 sq, ft,
400 sq. ft.
600 sq. ft.
800 sq. ft,
1,000 sq. ft.
1,200 sq. ft,
Table 4
Recommended Plant List for Trees
e
Common Name
Bald Cypress
Bradford Pear
Bur Oak
Cedar Elm
Cedar Elm
Chinese Pistachio
Chinese Tallow
Chinquapin Oak
Crabapple
Deodar Cedar
Ginkgo
Green Ash
Honeylocust
Lacebark Elm
Live Oak
Mesquite
Pecan
Pond Cypress
Post Oak
Red Cedar
Red Oak
Redbud
Silver Maple
Southern Magnolia
Sweetgum
Sycamore
Texas Red Oak
Weeping Willow
White Ash
Botanical Name
Taxodium distichum
Pyrus calleryana 'Bradford'
Quercus macrocarpa
Ulmus crassifloia
Ulmus crassifolia
Pistacia chinensis
Sapium sebiferum
Quercus muehlengergi
Malus
Cedrus deodara
Ginkgo biloba
Fraxinus pennsylvania
Gladitsia triancanthos
Ulmus parvifolia
Quercus virginiana
Prosopis glandulosa
Carya iIIinoensis
Taxodium ascendens
Wuercus glaucoides
Juniperus virginiana
Quercus Shumardii
Cercis canadensis
Acer saccharinum
Magnolia grandiflora
Liquidambar styraciflua
Platanus occidentalis
Quercus texana
Salix babylonica
Fraxinus americana
G, Maintenance of LandscaDinQ - All landscaping and related maintenance shall be the responsibility
of the property owner, The following minimum standards shall be required:
e
1. All required landscape areas shall be permanently maintained and shall have an underground
irrigation system which satisfies all applicable requirements of the City. The irrigation system shall
be installed by a licensed irrigator or master plumber.
Ord, No, 2340
Page 6
e
e
-
Option "B"
2, Irrigation systems may be buried on public street right-of-way; however, the City or any
franchised utility will not be responsible for damage to any landscaping material or equipment
while performing repairs of maintenance to its system.
3, Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants
that are not a part of the landscaping.
4. All plant materials shall be maintained in a healthy and growing condition as appropriate for the
season of the year. The property owner is responsible for regular weeding, mowing of grass,
irrigation, fertilizing, pruning, and other maintenance of all plantings as needed.
5, Plant materials which die shall be replaced by the owner within a six-month period with plant
material of similar variety and size,
¡,.¡, L::måsoaeiA!:I of ParkiREI Areas It is the iRteRt of tf:lis SestieR te eRSeYm ¡Je tt:le Elesi ¡Jn GREI
constrl:lstieR of ¡;Iarkin ¡J ar-eas in a manRer wheroBY ar-eas '¡:itt:liR tf:le ¡;IarkiR ¡J lot ar:e laRElsOa¡;leEl as
well as areas sORsiElereEl YRI:ISaBle for ¡;IarkiA ¡J or maAel:l':eFiR ¡J s¡;lase. It is also the ¡RteRt 9f tt:lis
Seotien to aid in tt:le aBatement ef Reise, ¡Jlaro, aAEI /:Ieat assesiateEl'::itt:l laF§e eX¡;Ianses of hard
paved sl:lrfases aREI motor "ehisles. ParkiR ¡J areas s/:lall Be laRElSGapeEl in asoer~anoo witt:l the
followin ¡J r:e ¡JYlatieRs:
1. Landsoa¡;liA ¡J witt:liR tile ¡;larking am.! manel:l':eriR ¡J aFeas may ap¡;lly te the ovomlllanElsoape
re~Yiroment for t/:le lot.
2, 'JVhOA tt:le parkiA ¡J aAEI maReyveFiRg ar-ea exoeeElG eRe asre, not less tt:lan five ¡;Ier-soAt of the
interior par:kiA ¡J aAEI maAeyverin ¡J ar(!a shall Be maiRtaiReEl as laAElS6a¡;leEl area. Tt:le iRtorior
parking aREI maRSI:I'Jerin ¡J ar-ea is EletermiF!eEl BY Elr:a'/JiA ¡J a stmi ¡Jt:lt liAe aleA ¡J tf:1s oYtoFmest eEl ¡Je
of pavemeRt eA eash siEle of tt:le par:kiR ¡J aAEI maAeyvoFiR ¡J area. Tf:le IiRo shall Rot fellew tho
l::mdsoapoEl Bymp eYts or islanEls Bl:lt sf:lall sORtiRye te ¡;Irejest iR a strai ¡Jt:lt liAe aroYAEI tt:lo
perimeter ef the ¡;IarkiR ¡J ar-ea. LaRElsoa¡;liA ¡J eR tf:le ¡;IeFimeter ef the ¡;Iar:kiR ¡J aAEI FRaReYVerin ¡J
area shall Rot Be iAoII:IEleEl in oalsYlatiR ¡J tile rS"1l:1iroEl fi'¡e ¡;IeroeRt laRElssa¡;lsEl aroa,
ð, 1\lIlaRElsoa¡;liA ¡J wit/:liR tile parkiR ¡J lot Gt:lall Be losateEl '/:itf:liR a laRElsOa¡;le islaF!EI or FReEly Is. Tile
island or meElylo shall Be ElelineateEi froFR t!:le syrr:eI:lREliAg ¡;IaveEl area BY a Sl:lrB or Bamer of Rot
less thaR six iAsf:les iF! hei ¡Jht aroynEl the ¡;IeriFReter af tf:le islaAEI er meElYlo, Tf:le GyrB or Barriar
shall Be seRstR:leteEl ef FRasoF!ry or oORsrote. Easf:l islaREI er meElYls sf:lall Be a miRimYFR of five
feet v:iEle. ~asf:l iGlaRE! or meE!yle shall Be 10oateE! eAtir:ely 'oVitf:liR t!:le seAfines of the ¡;Iar:kiR ¡J aREI
maneYVeriR ¡J aroa.
4. LaRElsSa¡;le islaRE!s or moEll:lles &f:lall Be irrigatsE! By aR YRE!sFi r:eYREI system as reEjl:lir-ed By tf:lis
SeotieA. IrFi ¡JatiaR of alllanElssG :)ed area aEljaoeAt to aAY ¡;Iar:kiA ¡J aAEI/ar ElriviR ¡J syrfaoes shall BO
installoEl syoh tf:Iat a miF!imYFn amoynt of water is a¡;l¡;lliC!EI to ¡;IaFkiR ¡J aREI/~r Elriving s¡;laoos.
5. 1\11 s!:lrl:lBbery, ftaweriRg :)laRts, aREI tFOOS plaAteEl iA parkin ¡J lat islaAEls or aEljaoeAt to ¡;larking
lots shall Be set Bask w:e anEl ORe 1=131f feet fr.gm aRY SyrB aAEI/er ol:Jrb step.
ê, L::mesoapiA ¡J material iA parkin ¡J lots sf:lall inolyEle sf:1rYbs aAEI trees er û GomBiF!3tien tf:lereof,
whioh in tYrA may Be pl::.mteEl wit :¡ a oombinûtieF! af grass, greYF!EI sever, aRe/er floweriA ¡J pl3nts.
7, For 3RY laFi er existiA ¡J trees 100ateEl iF! tt:le parking ar-ea, whioh arC! Bein ¡J rotûiF!e¡:j an¡:j
iRoorpomteEl iAto tf:Ie LaRElsOa¡;le Plan, aA appropriate aemtieA system ar aR alternative methoEl af
proteotiA ¡J tf:le tr:ees FRyst be pr:e':iElee aAe detailed iF! tl=le laRElsOa¡;le PlaR. :...t loast throe fOl:ll1f:16
of tho troe ElripliRe ûr:ea FRyst be iA a ¡;IeFmeaBle area,
Qrd, No. 2340
Page 7
e
e
e
Option "B"
I. Conflict with Traffic - Landscape plantings shall not be erected or installed in such a manner as to
interfere with traffic view or impose a safety hazard. All landscape plantings shall comply with any
applicable Visibility Sight Triangles as provided for in these regulations.
2. Buffer Yard Regulations
A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering
between zoning districts of different character in order to mitigate the effects of potential
nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between
different zoning districts that may be considered incompatible.
B, Buffer Yard Between Zonina Districts Reauired For any non-residential construction which abuts
a single-family or two-family residential zoning district or agricultural zoning district, there shall. be
a buffer yard of live plant material for the entire width and distance along which the development
abuts the residential district. The buffer yard shall be of a width as required in Table 5, This
green belt is included in the overall calculation of the percentage of required landscaping,
Table 5
Width of Required Buffer Yard
Zonina District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
1 0 feet
1 0 feet
10 feet
10 feet
1 0 feet
15 feet
15 feet
15 feet
15 feet
C, Exception to Buffer Yard Reauirement Where a masonry screening wall is provided, the buffer
yard shall not be required.
3. Landscape Review Board
A. Creation: There is hereby created a Landscape Review Board consisting of five members and two
alternates, each to be appointed by a majority of the City Council for a term of two years and
removable for cause by the appointing authority on a written charge after a public hearing, It is
the declared policy of the City Council that it will consider and appoint only those persons who
have demonstrated their civic interest, general knowledge of the community, independent
judgment, and availability to prepare for and attend meetings. For the purpose of this Ordinance,
the members of the North Richland Hills Zoning Board of Adjustment shall serve in the capacity of
the Landscape Review Board.
B. Terms of Office: The members shall serve for a period of two years and until their successors are
duly appointed. Qualified Board members may be appointed to succeed themselves,
Ord. No, 2340
Page 8
Option "B"
e
C, Vacancy: Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur
whenever the City Council finds that member has resigned, has not maintained the qualifications
required for appointment or has been removed by City Council for cause.
D. Oraanization: The Board shall elect a chairman from among its members to preside at meetings.
Such chairman, or in his absence an acting chairman elected from among the members, may
administer oaths and compel the attendance of witnesses. The Board shall designate the time
and place of its meetings. The Board shall adopt rules to govern its proceedings, provided
however, that such rules are not inconsistent with this Ordinance or inconsistent with the statutes
of the State of Texas, All meetings of the Board shall be open to the public,
E. Meetinas and Quorum: Four members of the Board shall constitute a quorum for the conduct of
business, The members of the Board shall regularly attend meetings and public hearings of the
Board and shall serve without compensation. Minutes shall be kept showing the vote of each,
member on each question or the absence or failure of each member to vote. Such proceedings
shall be a public record and shall be retained for at least five years.
F. Jurisdiction: The Landscape Review Board shall have the right to inspect premises where
required in the discharge of their responsibilities under this ordinance. The Landscape Review
Board, in specific cases, may authorize or order the following:
1, Interpretation: To hear and decide appeals where it is alleged there is error on any order,
requirement, decision or interpretation of this ordinance by the Building Official. In reaching its
decision, the Board shall establish firm guidelines for future administrative actions on like matters,
-
2. Permits for Nonconformities: To authorize, when applicable, a building permit for the
reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-
conforming withlin the requirements of this Ordinance.
3. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this
Ordinance as will not be contrary to the public interest and where, because of special conditions,
the enforcement of the Ordinance would result in an unnecessary hardship.
G. Interpretation Reauest or Appeal: A request for interpretation of regulations or an appeal for
variance from a certain provision of this ordinance may be taken by any person aggrieved or by
any officer, department, or Board of the City affected by a decision of the City Enforcement
Officer. Such appeal shall be taken within fifteen (15) days time after the decision has been
rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof.
The Enforcement Officer shall transmit to the Board all papers constituting the record upon which
the action being appealed was taken.
H, Application: Before any request for an interpretation or a variance from this Ordinance will be
heard by the Landscape Review Board, application shall be made and duly filed by the property
owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such
application shall included, but is not limited to, the following:
1, the name, address, and phone numbers of the property;
2. the name, address, and phone numbers of the owner's agent, if applicable;
3. the legal description of the property;
4, a brief description of the variance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property.
e
The applicant must provide proof of ownership of the property, or a letter from the owner of the
property granting the applicant permission to request the variance,
Ord. No, 2340
Page 9
Option "B"
e
I, Fees: Every application for a variance shall be accompanied by a filing fee as follows: $175.00.
J. Stay of Proceedinos: An appeal shall stay all proceedings of the action appealed from unless the
City Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board
that a stay would, in the opinion of the City Enforcement Officer, cause imminent peril to life or
property, In such case, proceedings shall only be stayed by a restraining order granted by the
Board or by a court of record.
K. Form of Appeal or Application: An appeal or application shall be in such form and contain such
information as the Board may require under its Rules of Procedure. It shall be accompanied by
the required fee. An incomplete appeal or application shall be deemed only to give notice of intent
to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought
to completion.
L. Notice of Hearino: Official written notice of public hearing on every application for a variance or
for an interpretation of regulations applying solely to an individual property shall be sent to all
owners of real property lying within two hundred feet of any property on which the variance is
requested. The notice of hearing shall be given to each taxpayer as the ownership appears on
the last approved city tax roll by depositing such notice, properly addressed and postage paid, in
the United States Post Office, not less than ten days before the date set for a hearing before the
Landscape Review Board. Notice of hearing shall also be given by publication in the official
newspaper of the city at least ten days before the date before the date set for a hearing before the
Landscape Review Board. Such notice shall state the time and place of such hearing, and the
nature of the subject to be considered.
e
M. Hearino:
1. Upon the hearing, the applicant shall appear in person or by attorney or authorized agent.
Evidence supporting the granting or denial of an appeal shall be submitted only through the City
Enforcement Officer or to the Board in pUblic meeting,
2, Any appeal or application may be withdrawn upon written notice to the City Enforcement
Officer.
3, The Board shall make its decision on any application within forty-five days from the time the
initial hearing is held or the application will be deemed to have been denied,
N, Decision and Votino:
1, Every decision of the Board shall be based upon findings of fact and every finding of fact shall
be supported in the record of proceedings. The Board may act only in matters as specifically
authorized by these regulations and these regulations shall be construed as limitations on the
power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of
these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so
applied that the terms of these regulations will be strictly enforced.
e
3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order,
requirement, decision or determination of the City Enforcement Officer; to approve any variance
that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-
conforming use, structure, or lot.
Ord, No, 2340
Page 10
e
e
e
Option "B"
4. A member shall disqualify himself from voting whenever he has a personal or monetary
interest in the property under appeal, or will be directly affected by the decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or his agent, has
sought to influence the member's vote on the appeal other than in the public hearing.
6. The decision of the Board shall be final.
0, Approval of Reauest:
1. In approving any request, the Board may designate such conditions including time limits, if
appropriate, in connection therewith in order to secure substantially the objectives of the regulation
or provision to which such variance is granted and to provide adequately for the maintenance of the
integrity and character of the zone in which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure
that conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or
construction permits within sixty days atter the Board's decision unless a greater time is requested
in the application and is authorized by the Board, Any approval may be granted one emergency
extension of sixty days on written request filed with the Board before expiration of the original
approval. Failure of the applicant to apply for occupancy of construction permits within the
authorized time period shall void the right to secure such permits except upon the filing of a new
application or appeal.
P. Denial of Reauest: No appeal or application that has been denied shall be further considered by the
Board, unless the Board affirmatively finds:
1. That new plans materially change the nature of the request, or
2. The permitted development of other nearby property in the same zone has been substantially
altered or changed by a ruling of the Board so as to support an allegation of changed conditions.
4. Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he
shall, when necessary, give notice to the person responsible to cease such violations forthwith.
B, Written notice may be delivered in person or by mail to a violator or to any person in charge of
property where a violation is occurring. Verbal notice may be given to a violator in person by the
City Enforcement Officer or his deputy. Either notice shall be effective,
C. In their interpretation and application, the provisions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of public health, safety, morals and general
welfare.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that
impose higher standards as determined by the City Enforcement Officer shall govern.
Ord. No. 2340
Page 11
Option "B"
e
II.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred
dollars ($200.00) for each offense. Each day such violation continues to exist shall constitute a
separate offense.
III.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section,
IV.
Effective Date
This ordinance shall be in full force and effect from and after its passage,
e
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
e Attorney for the City
Ord. No. 2340
Page 12
, .
.
.
.
13
Summary of Text Changed for Landscaping Regulations - Option "B"
1. Page 4, Section I - changed the words "Paragraph G" to "Paragraph J" in
the second paragraph.
2. Page 4, Section 1,1 - changed "Table 1 O-A" to 'T able 1".
3. Page 4, Section 1,1 - changed "Table 1" to "Table 2".
4. Page 6, Section G - Changed the designation of this paragraph from "G"
to "J".
5. Page 8, Section I - changed the designation of this paragraph from "I" to
ICKfI.
6. Page 8, Section 3, changed the Landscape Review Board language to
allow the City Council to serve in that capacity. Deleted paragraphs B, C
& D which addressed terms of office, filling vacancies and organization.
Changed the remaining paragraphs "E - P" in Section 3 to reflect the new
notation.
.
.
e
Option "8"
ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR
VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A
PENAL TY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
I.
THA T, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULATIONS
1. Landscaping Regulations
A. Purpose - These landscaping regulations provide standards and criteria for new landscaping with
live plant material, and are intended to promote the value of property, enhance the general
welfare, improve the physical appearance of the City, and enhance the community's ecological,
environmental and aesthetic qualities,
1, It is the intent of this Section to establish requirements for the installation and maintenance of
landscaping and buffering elements and other means of site improvement on existing and newly
developed property in order to enhance the community's ecological. environmental and aesthetic
qualities.
2, It is the intent of this Section to reduce the negative effects of increases in air temperatures,
glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated
surfaces within the urban environment.
3. It is the intent of this Section to preserve and improve the natural urban environment by
recognizing that the use of landscaping elements can contribute to the processes of air
Ord. No, 2340
Page I
Option "8"
.
purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the
abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and protect public and
private investment.
B. Applicability - The provisions of the Landscaping Regulations contained in this Section shall apply
in the following situations:
1. When an existing building is proposed for remodeling, alteration, addition, or expansion, in
which the value of the proposed construction exceeds seventy-five percent of the current
appraised value of the existing structures, excluding the value of the land; or,
2. When an existing building is proposed for an addition that will increase the square footage of
the existing building by thirty percent or greater; or,
3. Upon all new construction; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
C, General Criteria
.
1. The standards contained in this Section are considered minimum standards and shall apply to
the following zoning districts: MH1 (when containing two or more dwelling units); R-7-MF Multi-
Family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2
Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium
Industrial District; and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buildings shall be exempt from the
requirements of this Section,
2. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A
Certificate of Occupancy will be issued only when it is determined by the Enforcing Officer that all
landscaping has been installed in accordance with the approved Landscape Plan, If it is
determined by the Enforcing Officer that planting of live material is hindered by adverse weather
conditions, an extension of time may be granted for a period of up to six months,
3. The landscaped area shall not be used for parking, the display or storage of merchandise, or
any structure requiring a permit, except for permanent signs.
D, Landscape Plan Required - When an application is submitted for a building permit on any site
where these Landscape Regulations are applicable, the building permit application shall be
accompanied by a Landscape Plan, The Enforcing Officer shall review the Landscape Plan to
determine compliance with these Landscape Regulations, The Landscape Plan shall include
sufficient information to determine compliance with this Section, and shall as a minimum contain
the following information:
e
1. The date, scale, north arrow, title, and name of owner.
2, A minimum scale of not less than one-inch equals twenty feet.
3, All existing and proposed buildings and other structures, paved areas, planted areas, power
poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be
added and/or retained on the site.
4. The location and height of all trees to be preserved or retained.
5. The location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features.
Ord, No, 2340
Page: 2
Option "8"
.
6. A delineation of the designated landscaped area
7, A fist of the species of all plant material to be used,
8. A fist of the size and height of all plant material to be used,
9. The spacing of plant material where appropriate,
10. The layout and description of irrigation system.
11. The name, address, and telephone number of the person or firm responsible for the
preparation of the Landscape Plan.
E. ReEll::lirod l:1I:¡d£e3ße~ ^rcG - Every ¡a/3ttoellet, 3S rOE l:Jireá by th~s ðce:tiGIA, &h;JlI; pre~~80 ;J
kJ.~GGC3PC~ ~~ C~I::I:J3IcFlt to fiftccFI i)OrcOflt (1 €i%.) at tAe-tet31Iam1-afea-ef the-tot,.. .y.\4tÄ-tRc
:..~~: ~~.~;u~?i.~rist. alle..t eRe h.lf :f~ ':"5f.::i=: =.=1 :~
=~=;;.i;;~~:,~:~~~ali:. :~:'-h;~·;~~;;:;'''.:;'~:~:er,
flGweri~i3kNH&-eF-;JpprO 3n;Jto ml:Jlehmg,
E. Landscape Area PercentaCle - An area not less than fifteen (15%) of the
total lot area shall be landscaped. No area shall be maintained with bare
soil. All Clround surfaces not used for buildinCls. sidewalks. roadways. or
other impermeable surfaces shall be covered with live Clrass. turf.
shrubbery. trees. Clround cover. flowering plants or approDriate mulching
and onlv those areas with live Dlant materials shall be included in the
calculation for determininCl compliance with the percentaCle of lot
coveraCle. The reCluired landscaped area shall be located in the street va rd.
.
F. LandscaDe Setback - There shall be a landscape setback area havinCl a
minimum width of ten (10) feet adjacent to all Dublic street riClhts-of-wav in
which there shall be no buildinCls or DavinCl. except for driveway access,
sidewalks. or trails that cross the landscaDed edCle. Roof overhanCls and
awnin s are ermitted within this area as Ion as no conflict exists with the
re uired /andsca in . Loadin areas outside stora e and outside dis /a
areas shall not encroach into the landscape setback.
G. LandscapinCl AlonCl Street RiClht-of Way - A landscaDed edCle shall be
rovided ad·acent to all streets and shall contain rass round covers
shrubs. trees or any combination thereof. as provided herein. Within the
/andscaDed edCle. one (1) 2" caliper tree shall be planted Der three hundred
300 s uare feet or increment of landsca ed ed e. Existin trees
situated within the landscaped edCle may be included in this calculation.
Ten 10 shrubs two 2' foot in hei ht minimum shall be lanted er 300
s uare feet of landsca ed ed e. The number of re uired trees and shrubs
shall be calculated solev on the area of the reCluired landscaDed edQe.
e
H. ParkinCl Lot ScreeninCl- Parkinc¡ and maneuverinc¡ areas which are not
screened bv on-site buiildinCls or fences shall be screened from view of
public streets as follows:
1. ScreeninCl shall be a minimum height oftwentv-four (24) inches above
the Clrade of the parkinc¡lot along the entire lenc¡th of the parkinQ and
Ord, No, 2340
Page 3
Option "B"
.
maneuverin area and rovide a solid screenin barrier usin one or a
combination. of the following:
a. Screeninq shrubs
b. Walls
c. Berms
2. Screen in shrubs shall be s aced a maximum of three 3 feet on center
and shall be capable of reachinq a minimum heiqht of twentY-four (24)
inches within eiqhteen (18) months of p/an tin g.
3. This landscapinq shall occur adiacent to the parking or maneuvering
~
4. Wall structures shall be masonry. There shall be a contiuous concrete
mowedae with a minimum of twelve (12) inches on the side of a wall
facinq the street riqht-of-way and be constructed to the standards in the
Public Works Desiqn Manua/.
5. Wheel stops shall be provided for parkinq spaces adiacent to a
landscaped area to prohibit any car overhanq over the plantinq area.
Wheel stops shall be located twenty-four (24) inches from the end of the
arkin area. Shrubs /anted a minimum of thirt -six 36" behind a
curbed area shall be exempt from the wheel stop requirement.
6. The maximum slope of any berm shall not exceed 1:3 (one foot rise to
three feet of run) and shall be entirely veqetated with live plant
materials.
7. Screeninq shall not extend into any visibility trianqle.
.
I.
Landscapinq Credits - Credit for trees and shrubs is intended to encourage the enhancement of
the lot through additional landscaping elements. As an alternative to the required fifteen percent
(15%) total landscaped area, landscape credits may be utilized to reduce the total amount of land
area dedicated for landscaping purposes, However, in no instance shall the credits reduce the 10 0/6
total amount of landscaping on a lot to less than seven and one-half percent (~of the total I'
land area, Credits are allowed for existing or newly planted trees and shrubs, and only if the
feature is maintained as a permanent element of the Landscape Plan.
All landscaped areas, including shrubs and trees which received landscaping credits, shall be
properly maintained. If any plant material dies, such material shall be subject to replacement as
specified in Paragraph J. Credits are allowed as follows:
1. Credit for Shrubs: Credit shall be allowed according to Table 1. Any plant type or species may
be used in the landscaping plan. However, landscaping credit shall be allowed only for those
shrubs contained in Table 2.
e
Ord, No, 2340
Page: 4
Option "B"
e
Table 1
Equivalent Landscape Area for Shrubs
Height of Shrubs Above
Finished Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
l'
2'
3'
4'
5' and above
10 sq. ft.
15 sq, ft,
20 sq, ft.
25 sq, ft,
30 sq. ft,
Table 2
Recommended Plant List for Shrubs
.
Azaleas
Boxwood
Cherry Laurel
Crape Myrtle
Dogwood
Dwarf Buford Holly
Dwarf Chinese Holly
Dwarf Yaupon Holly
Elaeagnus
Flowering Quince
Forsythia
Forsythia
Golden Raintree
Japanese Barberry
Japanese Black Pine
Japanese Ligustrum
Nandina
Pampas Grass
Photinia
Possumhaw Holly
Purpleleaf Plum
Red Cedar
Sea Green Juniper
Spiraea 'Bridal Wreath'
Sumac
Tamarix Juniper
Texas Sage
Texas Sophora
Yaupon Holly
Common Name
Botanical Name
Rhododendron
Buxus microphylla 'Japonica'
Prunus carofiniana
Lagerstroemia indica
Corn us florida
"ex corn uta 'Bufordii nana'
"ex corn uta 'Rotunda'
"ex vomitoria 'nana'
Elaeagnus pungens
Chanomeles 'Texas Scarlet'
Forsythia intermedia
Forsythia intermedia 'Lynwood Gold'
Koelreuteria paniculata
Berberis thunbergi
Pinus thunbergi
Ligustrum lucidum
Nandina domestica
Cordate ria Selloana
Photinia Fraseri
Hex decidua
Prunus cerasifera
Juniperus virginiana
Juniperus Chinensis 'Sea Green'
Spiraea prunifofia
Rhus typhina
Juniperus sabina 'Tamariscfolia'
Leucophyllum futescens compacta
Sophora affinis
"ex vomitoria
2. Credit for Trees: Credit shall be allowed according to Table 3, Any plant type or species may
be used in the landscaping plan. However, landscaping credit shall be allowed only for those
trees contained in Table 4,
e
Ord, No, 2340
P~gc 5
Option "B"
e
Table 3
Equivalent Landscape Area for Trees
Caliper of Trees at 12-inches
Above Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
1"
2"
3"
4"
5"
S" and above
200 sq. ft,
400 sq. ft.
SOO sq. ft,
800 sq. ft.
1,000 sq. ft.
1,200 sq. ft.
Table 4
Recommended Plant List for Trees
.
Common Name
Bald Cypress
Bradford Pear
Bur Oak
Cedar Elm
Cedar Elm
Chinese Pistachio
Chinese Tallow
Chinquapin Oak
Crabapple
Deodar Cedar
Ginkgo
Green Ash
Honeylocust
Lacebark Elm
Live Oak
Mesquite
Pecan
Pond Cypress
Post Oak
Red Cedar
Red Oak
Redbud
Silver Maple
Southern Magnolia
Sweetgum
Sycamore
Texas Red Oak
Weeping Willow
White Ash
Botanical Name
Taxodium distichum
Pyrus calleryana 'Bradford'
Quercus macrocarpa
Ulmus crassifloia
Ulmus crassifolia
Pistacia chinensis
Sapium sebiferum
Quercus muehlengergi
Malus
Cedrus deodara
Ginkgo biloba
Fraxinus pennsylvania
Gladitsia triancanthos
Ulmus parvifolia
Quercus virginiana
Prosopis glandulosa
Carya illinoensis
Taxodium ascendens
Wuercus glaucoides
Juniperus virginiana
Quercus Shumardii
Cercis canadensis
Acer saccharinum
Magnolia grandiflora
Liquidambar styraciflua
Platanus occidentalis
Quercus texana
Salix babylonica
Fraxinus americana
J. Maintenance of Landscaping - All landscaping and related maintenance shall be the responsibility
of the property owner. The following minimum standards shall be required:
e
1. All required landscape areas shall be permanently maintained and shall have an underground
irrigation system which satisfies all applicable requirements of the City. The irrigation system shall
be installed by a licensed irrigator or master plumber.
Ord, No, 2340
Page 6
Option "B"
e
2. Irrigation systems may be buried on public street right-of-way; however, the City or any
franchised utility will not be responsible for damage to any landscaping material or equipment
while performing repairs of maintenance to its system.
3. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants
that are not a part of the landscaping,
4. All plant materials shall be maintained in a healthy and growing condition as appropriate for the
season of the year. The property owner is responsible for regular weeding, mowing of grass,
irrigation, fertilizing, pruning, and other maintenance of all plantings as needed.
5, Plant materials which die shall be replaced by the owner within a six-month period with plant
material of similar variety and size,
H. ~:::::: 0Yf:'";*-;~~;'_~~:~~~~~~~~:~:~:~Ii~~~ ~;:~;~~~~r=:~~:.
~ ~~~;;~e:::~~en:~:.o~~~~:, ~n:~::~~~~:i:~"'-.;;~ ~~::::.E:=::
::~ c~~~~: :~ FAotor voRislcs. P3rl~iA§ areas st'311 90 13AelSC;~~~ i~ ~~ ' 'i
faU9'.:;¡ng rO§'U13Ì1ens:
:~q~~~:~~i~;t~~t~~~. tho FI::Jrking ûml fR3Ael:lVcriA§ 3rOJS FA::JY 3F1F1ly to the 0'/01'311 laAelSG::JpO
.
; =O~ t~7. ~3:~i=g 3Ad FA3neI:JvoriAg ::Jro::J oxseces eAO 3Gro, AOt loss th3~:VO+'::=~thc
~~~ '::~~ and ",one"verins arca '~oll ge ..oinlained .. ~~~ :~-;; _~: ~.::
:~~::;~:: :~~O~I: :r;:,~s ~~~~IRee 9Y er3wlA§ ::J stF..~, I AO ~ ~1~ :::::::ego
~ ~~~,,:,t ~: ;;"o~ oideellhe PD<*ing on~ ..anellYerins:: ~~~;t ~~:"'";;': n
~~~~:~~ ~l:Jmp EJI:J,tS or IslJnds BUt sh~" SOAÌlAI:lC ts ~rojO t I::J a *.~~..;~;.;::= '
::aI01~~~ ~~h~ j~~I:¡ :r:a. ~~~~3F1IA§ SA tAO J3cPlFAotor of tho p::Jr I. ;: '; . nRg
31'0(] ~h::JW not be inoludcel in o::Jh:::1:I13tiAg tho reE l:lires RVC FlerGCAt ';~~~;~c; 0 ,
;I~~ ~n~:~.~~ :;i:::~:¡ ~~t,:~~: ::~::~i~;::~': ~::::~.~:':r =:~~~o
~ ;;~;;~:~~ :eiS~1 .FO"n~ I~e peo",elcr el the i~~~ ~ :=~ ~ :~:s ==
:~~: oo~~ 01 ....onry or 'Onorele. E..~ " an~ . .. L ~;n:: : :::::;::
:~~~~~~in~3~~0~:3ne sr A'!asl:llo sRafl eo las3tce eAtirely ~it~i~th~ S f i
~. ~~~<1S~~: ~~n~& ~~ ~~~~~& ~311 eo irrigatee ~y 3n I:lnsorgrouns s~~:~ a: =c: ~ t=
:~~ _~~~ ~I ." "",~.""".. area a¡ jo.enl Ie any p'¡;;'; ;~J ;; ;;:: ;'%':.~ ~ .
Instaflea SUGh tR::Jt 3 FAIAlml:lFA ::JFAel:lAt af water IS 3~FlIIBe te f33rku'1 ! 1.11'1 6.
~ ~~~~~r~:~~, ::'::}~!~~3~:G, :~~ ~reos f313Atoe iA f33rki~g '~~~r::~~por 3åjaGOAt te parkiRg
lots sRall ~e set eask Þ::s ::JRd 01'10 !:Ialf teot freA'! any sl:Irb 31'1 /0 .
:~~~~~~~ ",ole,iol in parkins lots .~oll in.I"~e '~ru~. o":':~~ ~r a :::=:~'::;::
'.':hISR IA turn FA3Y 90 p/JntoGJ with :3 SSFABIA3tl8A sf gr3£S, grOI:l e e. 0 , 31'1 In.
e
: ~~~~~[~r§or exi£tiAg trees Jes3tce iA tRB f33rkiAg 3rea, v:Aish 31'0 ~eiR§ Fet3inc: =~
~~~~,~~t:~~~~~~o l3AdsG3F10 ~'3n, 3n ::Jppr~pri~to 30F3tieA &y&to~ ~r~A ~~~::~;::~::~&Of
:;~~~! ~~ ~;.:.:s FAl:lst ge pre~'leee 3Ae eat311ee 11'1 tRe laAGJSG3pe I A. ,II. I
e~ tRe tree enpllAo 3rea ml:l£t ge IA 3 pcrm0391e 3mJ,
Ord, No, 2340
Page: 7
e
.
e
Option "B"
K. Conflict with Traffic - Landscape plantings shall not be erected or installed in such a manner as to
interfere with traffic view or impose a safety hazard, All landscape plantings shall comply with any
applicable Visibility Sight Triangles as provided for in these regulations,
2. Buffer Yard Regulations
A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering
between zoning districts of different character in order to mitigate the effects of potential
nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between
different zoning districts that may be considered incompatible.
B, Buffer Yard Between ZoninQ Districts Required For any non-residential construction which abuts
a single-family or two-family residential zoning district or agricultural zoning district, there shall be
a buffer yard of live plant material for the entire width and distance along which the development
abuts the residential district. The buffer yard shall be of a width as required in Table 5. This
green belt is included in the overall calculation of the percentage of required landscaping.
Table 5
Width of Required Buffer Yard
ZoninQ District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
10 feet
10 feet
10 feet
10 feet
1 0 feet
15 feet
15 feet
15 feet
15 feet
C, Exception to Buffer Yard Requirement Where a masonry screening wall is provided, the buffer
yard shall not be required.
3. Landscape Review Board
A Creation: There is hereby created a landscape Review Board :=G~i;: : :;: :=~~=~ !w.
:= ~=:~~i;;~~~~~~;f~:~:::~:~'B;::::E::1:
:::==?~:~;:~ ~=f ::~~';i~:;'~ -~~==-~=e=: W n
=-en~:: =~ = :~~ar.. klr a.~ atte.~ ;;;;"I~;. For the purpose of this Ordinance,
the members of the North Rishl3AeI .fills ZeAiR§ Be3rel sf ^eljl:JE:tmont City Council shall serve in
the capacity of the Landscape Review Board,
8 ~~ ::.~:: :~"';:~~~ ~ GO"'e klr a ~e:::::: I'=: ~:=~C6ec6.F. a",
åtlly.-a.p : Elf.Rte4- Ql:4alfÚCð Bo:m1 FAeFAl3ers FA3Y Be 3---1---_ -a .___,,~ t __~__,_-:
Ord, No. 2340
Page: 8
Option "B"
.
C. ~~~~~~~: V:Jc:J~oieEi Eih:J!f be ~ilIOE for wnexpired ter~s, .^, v:Jc:Jnoy ~ ~~~.~ ~ ~~:~~: ~:~
whcrtevor the City CouFlcl1 finds th3t memBer h:JEi resIgned, h:JG not -;2.---I-e t -------I--:J J ___
rcqui1ed fo~ 3ppo'intment or h:J£ been romo'led by City Council for C:JU£C.
D. ~r::~: Tt;: .~O::;d :~" cl.st a sRai""aR. tr"m a",oR9 ils mo= I:,:':::. m::95
SI:I:-R-GRéwffia~, o~~~ ~:":bsenoe 3n :Jstlng ch3JrFR3n eleetes from ~ t. _, ';H-tt:I~
~~~~ ~~5 "Ad compcl th. all.RdoRa. 01 witRcascs. TRO 80~ = :; ;: ~1iR;e
and pl3CC of Its meetings. Tho Bo;:¡rs sh;:¡1I 380 3t rules to govern Its -1'O"""u d -gt>, ~Ieee
~?~:\'~;" t~:t s:ueh rl:llos Jro net insoC1sistent '.IJith tAis Orc:linJnco 0; in.con;ct~nt 'Nith tho &t3Mec
of tho StJto of TO)(3s. All meetiR!js sf tRe 8ean¡ SA311 1:>0 OßOR to tho ~lic,
é!l. MeetinQs and Quorum: Four members of the Board shall constitute a quorum for the conduct of
business, The members of the Board shall regularly attend meetings and public hearings of the
Board and shall serve without compensation. Minutes shall be kept showing the vote of each
member on each question or the absence or failure of each member to vote. Such proceedings
shall be a public record and shall be retained for at least five years,
~f, Jurisdiction: The Landscape Review Board shall have the right to inspect premises where
required in the discharge of their responsibilities under this ordinance. The Landscape Review
Board, in specific cases, may authorize or order the following:
1, Interpretation: To hear and decide appeals where it is alleged there is error on any order,
requirement, decision or interpretation of this ordinance by the Building Official. In reaching its
decision, the Board shall establish firm guidelines for future administrative actions on like matters.
e
2, Permits for Nonconformities: To authorize, when applicable, a building permit for the
reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-
conforming with/in the requirements of this Ordinance.
3, Variances: To authorize upon appeal, in specific cases, such variance from the terms of this
Ordinance as will not be contrary to the public interest and where. because of special conditions,
the enforcement of the Ordinance would result in an unnecessary hardship.
G!llnterpretation Request or Appeal: A request for interpretation of regulations or an appeal for
variance from a certain provision of this ordinance may be taken by any person aggrieved or by
any officer, department, or Board of the City affected by a decision of the City Enforcement
Officer. Such appeal shall be taken within fifteen (15) days time after the decision has been
rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof.
The Enforcement Officer shall transmit to the Board all papers constituting the record upon which
the action being appealed was taken.
Mg Application: Before any request for an interpretation or a variance from this Ordinance will be
heard by the Landscape Review Board, application shall be made and duly filed by the property
owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such
application shall included, but is not limited to, the following:
1, the name, address, and phone numbers of the property;
2, the name, address, and phone numbers of the owner's agent, if applicable;
3, the legal description of the property;
4, a brief description of the variance sought;
5. the required number of copies of a current boundary survey, plat, or plot plan of the property,
-
The applicant must provide proof of ownership of the property, or a letter from the owner of the
property granting the applicant permission to request the variance,
Ord, No, 2340
Page 9
Option "8"
e
hE Fees: Every application for a variance shall be accompanied by a filing fee as follows: $175.00,
JG, Stay of Proceedinqs: An appeal shall stay all proceedings of the action appealed from unless the
City Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board
that a stay would, in the opinion of the City Enforcement Officer, cause imminent peril to life or
property. In such case, proceedings shall only be stayed by a restraining order granted by the
Board or by a court of record.
K!:J.. Form of Appeal or Application: An appeal or application shall be in such form and contain such
information as the Board may require under its Rules of Procedure. It shall be accompanied by
the required fee. An incomplete appeal or application shall be deemed only to give notice of intent
to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought
to completion.
hI· Notice of Hearinq: Official written notice of public hearing on every application for a variance or
for an interpretation of regulations applying solely to an individual property shall be sent to all
owners of real property lying within two hundred feet of any property on which the variance is
requested. The notice of hearing shall be given to each taxpayer as the ownership appears on
the last approved city tax roll by depositing such notice, properly addressed and postage paid, in
the United States Post Office, not less than ten days before the date set for a hearing before the
Landscape Review Board. Notice of hearing shall also be given by publication in the official
newspaper of the city at least ten days before the date before the date set for a hearing before the
Landscape Review Board. Such notice shall state the time and place of such hearing, and the
nature of the subject to be considered,
.
Ml Hearinq:
1. Upon the hearing, the applicant shall appear in person or by attorney or authorized agent.
Evidence supporting the granting or denial of an appeal shall be submitted only through the City
Enforcement Officer or to the Board in public meeting.
2, Any appeal or application may be withdrawn upon written notice to the City Enforcement
Officer,
3, The Board shall make its decision on any application within forty-five days from the time the
initial hearing is held or the application will be deemed to have been denied.
NfS· Decision and VotinQ:
1, Every decision of the Board shall be based upon findings of fact and every finding of fact shall
be supported in the record of proceedings. The Board may act only in matters as specifically
authorized by these regulations and these regulations shall be construed as limitations on the
power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of
these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so
applied that the terms of these regulations will be strictly enforced.
e
3, The affirmative vote of four members shall be necessary to reverse, on appeal, any order,
requirement, decision or determination of the City Enforcement Officer; to approve any variance
that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-
conforming use, structure, or lot.
Ord, No, 2340
Page 10
Option "8"
.
4. A member shaf/ disqualify himself from voting whenever he has a personal or monetary
interest in the property under appeal, or wif/ be directly affected by the decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or his agent, has
sought to influence the member's vote on the appeal other than in the public hearing.
6. The decision of the Board shaf/ be final.
Gb· Approval of Request:
1, In approving any request, the Board may designate such conditions including time limits, if
appropriate, in connection therewith in order to secure substantially the objectives of the regulation
or provision to which such variance is granted and to provide adequately for the maintenance of the
integrity and character of the zone in which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure
that conditions designated in connection therewith are being or wif/ be complied with.
3. Upon approval of an application for a variance appeal, the applicant shaf/ apply for occupancy or
construction permits within sixty days after the Board's decision unless a greater time is requested
in the application and is authorized by the Board. Any approval may be granted one emergency
extension of sixty days on written request filed with the Board before expiration of the original
approval. Faifure of the applicant to apply for occupancy of construction permits within the
authorized time period shaf/ void the right to secure such permits except upon the filing of a new
application or appeal.
PM. Denial of Request: No appeal or application that has been denied shaf/ be further considered
e by the Board, unless the Board affirmatively finds:
1. That new plans materiaf/y change the nature of the request, or
2. The permitted development of other nearby property in the same zone has been substantially
altered or changed by a ruling of the Board so as to support an allegation of changed conditions,
4. Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he
shall, when necessary, give notice to the person responsible to cease such violations forthwith.
B. Written notice may be delivered in person or by mail to a violator or to any person in charge of
property where a violation is occurring. Verbal notice may be given to a violator in person by the
City Enforcement Officer or his deputy, Either notice shaf/ be effective,
C, In their interpretation and application, the provisions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of public health, safety, morals and general
welfare.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the requirements that are most rE:strictive or that
impose higher standards as determined by the City Enforcement Officer shaf/ govern,
It
Ord, No, 2340
Page II
·
e
e
Option "B"
II.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any other landscaping
regulation of the City of North Richland Hills, Texas.
III.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred
dollars ($200.00) for each offense. Each day such violation continues to exist shall constitute a
separate offense.
IV.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
V.
Effective Date
This ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
Ord, No, 2340
Page: 12
e
.
e
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord, No, 2340
Pag<: 13
Option "8"
"
CITY OF
NORTH RICHLAND HILLS
I
.
Department: Planning & Inspections
Subject:Consider Adoption of Sign Regulations
As a Stand Alone Urdlnance. Ordmance No. 2341
Council Meeting Date:
Agenda Number:
9/28/98
GN 98-116
Attached is a proposed ordinance to adopt sign regulations as a separate "stand alone" regulation.
In the past, sign regulations have been included as a chapter within the NRH Zoning Ordinance. The
text of the attached ordinance (marked as Option A) is virtually the same language as that which
existed in the Zoning Ordinance, but with the following changes:
1. A section has been added to create a Sign Review Board. This board will consider variances and
appeals regarding sign regulations. The Zoning Board of Adjustments, City Council, Planning &
Zoning Commission or any other body may be designated as the Sign Review Board. The staff
recommendation is that the Zoning Board of Adjustment be appointed as this board and the
proposed ordinance reflects this recommendation.
2. A separate penalty clause has been added which authorizes up to a $200 fine for violation.
II Attached is a second option (marked as Option B) which includes language that is similar to the
interim sign guidelines adopted by the City Council on July 27, 1998. These interim sign guidelines
,.awould establish the maximum size of a pole sign at 100 square feet and the maximum height of a
"'pole sign at 25'.
Also attached is a third option (marked as Option C) which includes the language of Option B,
incorporating the City Council guidelines as established by Resolution and the additional requirement
in Section 14 which regulates Pole Signs.
Material Requirements: The support structure for a pole sign shall be double pole and
shall be constructed or covered with materials which match the masonry portion of the
principle building on the site or shall be stone or brick. No single pole freestanding
signs shall be allowed.
Attached is a diagram depicting how each of the regulations would impact Pole Signs.
RECOMMENDA TION:
To approve GN 98-116 and Ordinance No. 2341, Option C.
Finance Review
Acct. Number
Sufficient Funds Available
Fin...",,' Dlroct.;
Page 1 of
e
e
e
Option "A"
ORDINANCE NO. 2341
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING
SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS
ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter;
and
WHEREAS, the City Council has determined that the regulation of advertising signs is necessary
to adequately protect the public health, safety, and promote the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
J.
The following sign regulations shall be the minimum standards for development within the
corporate limits of the City of North Richland Hills, Texas:
SIGN REGULATIONS
1. Purpose
The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare
of the City of North Richland Hills by facilitating easy and pleasant communication between people and their
environment. These regulations contain standards intended to avoid visual clutter which is potentially harmful to
traffic and pedestrian safety, property values, business opportunities, and community appearance. These
regulations govern the use, size, location, construction and maintenance of signs. It is the purpose of these
regulations to protect property values within the City of North Richland Hills, to enhance the beauty of the City, and
to protect the general public from damage and injury which may be caused by the unregulated construction of
signs, Pursuant to these purposes, it is the intent of this Article to authorize the use of signs which are:
A. Compatible with their surroundings;
8, Appropriate to the activity that displays them;
C. Expressive of the identity of individual activities and the community as a whole;
0, Legible in the circumstances in which they are seen.
Ord, No, 2341
Option "A"
e
2. General Provisions
The following general provisions shall be applicable to all signs erected within the corporate limits of the City of
North Richland Hills, Where a conflict may exist between a general provision and a specific regulation, the specific
regulation shall have priority over the general provision,
A. Compliance Required No person shall erect, alter, or add to a sign, or sign structure, unless said sign
conforms to the provisions contained in this Article.
8. Siqn Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face.
However, 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. Construction Standards The construction of all signs shall comply with the structural requirements of the
North Richland Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by
the City of North Richland Hills. The design of sign supports and structures shall be compatible with and in
harmony with the surrounding buildings and structures. Any electrical installations shall comply with the North
Richland Hills Electrical Code.
D, Enqineerinq Requirements Where required, the construction plans shall be signed and sealed by a
professional engineer registered in the State of Texas,
E. Interference With Safety Provisions No sign shall be erected in such a manner that any portion of its surface
or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct
any required ventilator or door stairway,
e
F, Minimum Street Frontaqe A minimum of fifty (50) feet of qualified street frontage shall be required to erect a
Ground Sign.
G, Encroachment A sign shall not be constructed within or project over any property line, right-of-way line, public
drainage easement, public or private utility easement without an encroachment letter which has been
approved by the Public Works Department, unless a specific provision allowing such encroachment is
contained in these regulations,
H, Pedestrian Clearance No sign may project more than six (6) inches from the face of a building where general
public access is provided 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,
I. Off-premises Advertisinq All signs shall identify the business or enterprise by name and address only or
products sold or used on premises, Off-premises advertising shall be prohibited, unless provisions for such
signs are contained in these regulations,
J, Memorial and Historical Siqns The City Councilor City Manager may authorize special permits, on such
terms as deemed appropriate, for signs and markers denoting properties or buildings which may have
historical or memorial significance to the community,
K. Community Special Events The City Council, or City Manager may authorize signs to advertise patriotic,
special events or special projects of general public interest taking place within the boundaries of the City.
e
L Driveway Visibility Trianqles for Commercial Properties 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 (30) inches and nine (9) feet above the
Ord, No, 2341 2
Option "A"
e
average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on
the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise.
M. Vehicle Advertisinq Vehicles which display signage shall comply with the following:
1. Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed,
No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted
signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-ùp truck,
2. Banners, or signs made of cloth or other light materials, secured with rubber, rope, string, tape, or other
similar adhesives shall be prohibited as vehicle advertising,
3. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these
regulations shall be prohibited.
4, All vehicles which have signs or advertising shall be in working order and shall be in compliance with all
applicable vehicle safety laws when signs are in place, All such vehicles shall have current registration and
inspection stickers and shall be regularly used for transportation purposes,
e
N, Liqhtinq Where provided for in theses regulations, certain signs may be illuminated. Illumination may be
either internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities
shall require separate electrical permits and shall be installed in accordance with the North Richland Hills
Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or
create a traffic hazard on a street. When the Building Official has determined necessary, illuminated signs
situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare.
3. Signs Exempt From These Regulations
The following signs shall be exempt from regulation under this Ordinance:
A A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including
historical signs and markers placed by a city, county, state or national historical preservation organization and
official vehicle inspection station signs.
B. A sign located inside a building and which is not displayed so as to be visible from outside the building. Signs
located within a covered mall building shall comply with the North Richland Hills Building Code and the North
Richland Hills Electrical Code.
C, A sign located within a building, that is not legible beyond the lot line on which such sign is located. These
generally include credit card decals, hours of operation signs, emergency contact information, etc.
D. Works of art, including barber poles attached to a building, that do not include a commercial message.
E, Holiday lights and decorations.
F.
G,
H,
e I.
Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs.
"No Parking" or "Towing" signs authorized by City Ordinance,
"No Dumping Allowed" signs posted to deter illegal dumping,
Telephone and other underground utility warning signs not exceeding one (1) square foot in size and other
safety signs,
Ord. No, 2341
3
Option "A"
e
J, Temporary Signs which are painted on glass surfaces of windows or doors and pertaining to the lawful
business conducted therein.
K. A sign within or on railway property and placed or maintained in reference to the operation of such railway.
L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet.
4. Signs Prohibited
A. RotatinQ and Flashinq SiQns: Revolving, rotating, flashing, or blinking beams or beacons of light shall be
prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental
agency. Flashing or blinking lights which are incorporated into an electronic message board shall be allowed
and are regulated elsewhere in these regulations.
B. SiQns on Public Property: Private signs shall be prohibited upon public property unless authorized by the City,
other appropriate governmental authorities, or as provided by these regulations,
C, Siqns Attached to Utility Poles: Signs attached to light poles, utility poles, traffic control poles and trees,
except for "Posted-No Trespassing" signs shall be prohibited.
D. Park Bench SiQns: Park bench signs and billboard signs shall be prohibited,
E. Search LiQhts and Balloons: Search lights and inflatable balloons shall be prohibited, except when approved
as a Grand Opening Permit as regulated in these regulations.
e
F. Obnoxious SiQns ExploitinQ Sex Prohibited:
1. Visual Depiction of Sexual Areas of Human Form Prohibited: No sign, including any temporary sign, which
depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any
portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or
adjacent to any building where it is visible from a public street or from an adjacent building or premises,
2. Use of Words Connoting Erotic Entertainment Prohibited: No sign, including any temporary sign, which
advertises any "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed
upon or adjacent to any building where it is visible from a public street or from an adjacent buifding or
premises. The words "adult entertainment" or "adult shows" shall be permissible,
3. Display of Offensive Signs a Public Nuisance: Any sign which is in violation of this subsection shall be
declared a public nuisance,
G, Activities Specifically Prohibited: The following types of signs or activities are specifically prohibited as
advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the
corporate limits of the City of North Richland Hills:
1, Bungee Jumping
2, Animal rides
3. Street vendors or hawkers
4, Helicopter or airplane rides
5, Hot air balloon rides
e
Ord. No, 2341
4
Option "A"
5. Definitions
e
All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the
Webster's New Collegiate Dictionary, unless specifically defined in this Section, For purposes of these
regulations, certain terms herein are defined as follows:
A. Banner Siqn: A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with
or without frames.
B, Billboard Siqn: An outdoor advertising structure which advertises a use, product, or service not necessarily found
on the premises.
C. Bui/dinq Siqn: A sign which has its main supporting structure depending on a building for support.
D, Canopy Siqn: A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or
metal, which projects from the wall of a buifding or overhangs a public way, A Canopy Sign may also be attached
to a free-standing structure, such as over a gas pump island,
E, Enforcement Officer: The administrative official charged with responsibility of enforcing the Zoning Ordinance.
F. Flaq: A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal,
or an emblem,
G. Ground Siqn: A sign which has its main supporting structure depending on the ground for attachment.
e
H. Illumination: For the purposes of these regulations the term illumination shall be defined as follows:
1, "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the
sign visible at night by means of the light being transmitted through a translucent material but wherein the source
of the illumination is not visible,
2, "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing
letter) which makes the sign visible at night by means of lighting the background upon which the free-standing
character is mounted, The character itself shall be opaque, and thus will be silhouetted against the background,
The source of the illumination shall not be visible,
3, "Indirect lighting" shall mean a source of external iffumination located a distance away from the sign, but
designed specifically to iffuminate the sign, but which itself is not visible to persons viewing the sign from any
normal position of view,
I. Lot: Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this
Ordinance, and usually having its principal frontage upon a street or upon an officially approved place.
J, Lot Width - The minimum width of a lot measured at the front building line or chord length when the front of the lot
is curved
K. Monument Siqn - A permanent ground sign generally constructed out of brick, stone or cast concrete material
supported on concrete foundation across the entire base of the structure and which may have an open space
between the bottom of the sign and the ground which does not exceed one (1) foot.
L. Roof Siqn - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof
structure, and usually extending vertically above the highest portion of the roof.
-
M, Siqht Trianqle - An area of unobstructed visibifity on either corner of a street and/or driveway of at least twenty-
five feet in any direction,
Ord, No, 2341
5
Option "A"
e
N, Siqn - A displayed structure bearing lettering or symbols, generally used to identify or advertise a place of
business, product or service located or offered on the premises,
0, Siqn Area - The total area within the extreme perimeter of the attraction area intended to draw attention to the
sign. Supporting structures shall not be included in calculations, except for Monument Signs,
p, Siqn Heiqht - The vertical distance measured from ground level to the top of the sign, measured at its highest point
above ground level. For purposes of measurement, the average surrounding ground area shall be considered the
ground level from which the height will be determined for compliance with applicable regulations.
Q, Siqn Rider - An attachment to a real estate sign "detailing" certain features of the property, such as "Four
Bedroom," "Pool," "Game Room," or the agents name.
R. Temporary Siqn - A sign intended to be displayed for a short period of time only,
S. Traffic Directional Siqn - Any sign used only to control and direct traffic into or on private property, e.g" "ENTER"
or "EXIT',
T. Wall Siqn - A sign painted on or attached to the wall surface of a building,
U, Wall Surface - The general outer surface of any main exterior wall of the building or structure not including
cornices, bay windows, or other ornamental trim.
6. Agricultural Zone Signs
e
In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof,
projecting or wall signs, except monument signs, in accordance with these regulations with exception that such
signs shall not exceed a total of one hundred (100) square feet in area and shall not exceed fifteen (15) feet in
height.
7. Sign Permit Required
No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign
structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is
specifically provided herein, No permit shall be issued until the Building Official determines that the proposed sign
is in conformance with these and any other applicable regulations, Where signs are illuminated by electric lighting
which requires permanent wiring connections, separate electrical permits shall be obtained as required by the
North Richland Hills Electric Code.
A. Certificate of Occupancy Required: No sign permit shall be approved unless a Certificate of Occupancy has
been issued or an application for a Certificate of Occupancy has been filed with the Building Official and said
Certificate of Occupancy is consistent with the proposed tenant.
B, Siqn Permit Application: Applications for sign permits shall be submitted on forms furnished by the Bui/ding
Official and comply with the following:
1. The permit application shall be signed by the property owner or his legal agent, and, when the applicant is
any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized
letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement.
e
2. The applicant shall submit three (3) copies of a site plan which shows the proposed sign in relation to all lot
lines and structures, or its location on the building, The Building Official may require additional information
from the applicant to determine compliance with these regulations,
3, A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load
and wind pressure in any direction in the amount required by the North Richland Hills Bui/ding Code of the
Ord. No, 2341 6
Option "A"
e
City. The current edition of the Uniform Building Code adopted by the City shall apply for the design of any
sign structure. All structural calculations and design drawings are to be signed and sealed by a professional
engineer registered in the State of Texas.
4. The name of the person, firm, corporation or association erecting the sign structure or painting the sign.
5. The site plan shall include the location and sizes of all existing signs, including photos and/or other
pertinent data when requested, which will aid in the determination of the site's conformance with these
regulations.
C, Traffic Enqineer Certification: An applicant for a sign permit may be required to submit a certification from a
qualified traffic engineer that a sign location and structure wiJI not constitute a traffic hazard when:
1. In the opinion of the Building Official the plans and specifications indicate that the sign or sign structure
might interfere with, mislead, or confuse traffic,
2, In the opinion of the Building Official a ground sign placed on a corner lot may create a potential traffic
hazard,
0, Permit Fees: Permit fees shall be established by separate ordinance approved by the City Council.
8. Contractor Registration
e
As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of Article 8 within the
corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance with the
requirements of the North Richland HiJls Building Code, Each Sign Contractor shall pay an annual fee. Said fee
shall be established by separate ordinance adopted by the City Council.
9. Administration and Enforcement
For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign
regulations contained in Article 8, Any violation of this Article is subject to the provisions of the Penalty Clause
contained in Article 2.
A. Notification of Violation: When a ground sign or a building sign is constructed, erected, or maintained in
violation of these regulations, the property owner shall be given written notice to remove or alter the structure
so as to comply with the standards set forth in these regulations within ten (10) days after such notice. If the
permittee or property owner fails to remove or alter the structure so as to comply with the standards set forth
in these regulations within ten (10) days after such notice, such sign or advertising structure may be removed
or altered to comply by the City of North Richland HiJls at the expense of the permittee or property owner. The
Building Official may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for
the property on which the sign violation is located if any owner or permittee refuses to pay the costs so
assessed.
B, Unsafe Siqns: The Building Official may require any sign or other advertising structure to be removed
immediately which is unsafe, or poses an immediate risk to the safety of persons or property at the expense of
the property owner.
C, IIleqal Siqns: The Building Official shall be authorized to abate or impound any temporary sign which is in
violation of these regulations abated within twenty-four (24) hours after notice has been given.
e
Ord, No, 2341
7
e
10, Table of Permitted Signs
Option "A"
The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs
shall be allowed or prohibited by these regulations. Signs are listed in accordance with allowable zoning districts
shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas,
RESIDENTIAL DISTRICTS
Regulation
Permit Section lL.
en CI I- :E
(YIN) Number ~ ~ (\ M "<T CD <X) r-. J:
a: a: a: a: a: a: a: a: :E
Table of Permitted Signs
A. Ground Signs
Major Development Signs
Monument Signs (1) (2) (3)
Pole Signs (2) (3) (4)
Subdivision Nameplate Signs
New Development Signs
Traffic Directional Signs
y
y
y
y
y
N
B. Building Signs
e
Canopy Signs
Projection Signs
Roof Signs
Wall Signs (5)
y
y
y
y
C. Temporary Signs
NON-RESIDENTIAL DISTRICTS
(\ ::> c:J
17
t5
14
19
20
21
25
26
24
23
Banner Signs N 32
Construction Trade Signs (6) N 33
Flags (7) N 34
Garage Sale Signs N 30
Political Signs (8) N 31
Portable Signs (9) Y 28
Real Estate Signs (10) N 29
Weekend Advertising Signs Y 35
1, Monument Signs are regulated as being either single-family residential, multi-family residential, or non-residential.
2, Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships,
3, Signs in the AG district have special size and height limitations. see Section 6.
4, Additional height and sign area are allowed when the Pole Sign is located within the Freeway Overlay Zone,
5 Multi,family allowed one Wall Sign per street frontage.
6 Construction Trade Signs are regulated as either residential or non-residential.
7 Company logo flags not allowed in AG. RIS, RI, R2, A3. A4D, A6T, A8 & MHI districts.
8, Political Signs are regulated as either AG & 'A' district signs or 'All Other district signs,
9, Portable Signs used as a Political Sign are allowed in the AG . Agricultural zoning district.
10, Aeal Estate Signs are regulated as either residential or non,residential.
e
Ord, No, 2341
8
Option "A"
e
11. Nonconforming Signs
For purpose of these regulations, this Section shall apply to nonconforming signs, Any sign or advertising
structure which was erected prior to such time as it came within the purview of these regulations, and any
amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to
be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations:
A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or
altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review
Board. Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has
been removed, the sign area and sign height of the replacement sign shall be in accordance with the
provisions of these regulations,
B, A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value,
shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The
Building Official may require the owner of said non-conforming sign to submit two or more independent cost
estimates from established sign companies to repair or renovate the existing non-conforming sign and two
cost estimates from established sign companies to construct a new sign, including its supporting structure,
which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or
deteriorated..
12. Sign Maintenance
e
Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a
state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free
from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for
which they were originally designed. A person maintaining any sign or sign structure shall keep the ground space
within eight (8) feet measured horizontally from the base of the sign or sign structure free and clear of weeds,
rubbish and other flammable waste materials.
13. Ground Signs
Ground Signs shall be regulated as either Pole Signs, Monument Signs, Major Development Signs, Subdivision
Nameplate Signs, New Development Signs, or Traffic Directional Signs,
14. Pole Signs
The purpose of a Pole Sign is to provide advertising on a freestanding and self-supporting structure which is
attached to the ground surface with uprights or braces to elevate a message area and which has an open space
between the message area and the ground. A Pole Sign is not attached to any building, and does not utilize
another structure for its support. Pole Signs shall comply with the following additional regulations:
A. Permit: A permit shall be required for every Pole Sign,
B, Permitted Districts: Pole Signs shall be allowed in zoning districts shown in Section 9, Table of Permitted
Signs,
-
c. Number Allowed: One (1) Pole Sign per lot shall be allowed for the first three hundred (300) feet of qualified
street frontage. Measurement of street frontage shall be from the intersection of a property line with the street
right-of-way, One (1) additional Pole Sign shall be allowed for each additional three hundred (300) feet of
qualified street frontage, or fraction thereof,
Ord, No, 2341
9
Option "A"
e
D. Maximum Area: A Pole Sign shall not exceed the ratio of one (1) square foot of sign area for each linear foot
of qualified street frontage, and no Pole Sign shall exceed the maximum area of three hundred (300) square
feet, unless the sign qualifies for additional area when it is located within the Freeway Overlay Zone,
Furthermore, the total area of all Pole Signs shall not exceed the ratio of one (1) square foot of sign area for
each linear foot of qualified street frontage.
E. Maximum Heiqht:
1. A Pole Sign shall not exceed the maximum height of twenty-five (25) feet, unless additional height is
provided herein.
2. The height of a Pole Sign shall not exceed one-half of the distance from the sign to the nearest adjacent
AG or "R" zoned property.
3, The height of a Pole Sign may be increased by adding one (1) foot of height for each foot the sign is set
back from the street frontage property line, provided, however, that the distance and height requirements for
signs located adjacent to AG or "R" zoned property are satisfied and the height of the sign does not exceed a
maximum height of fifty (50) feet, unless the sign qualifies for additional height when it is located within the
Freeway Overlay Zone.
F. Siqn Location: All Pole Signs shall be situated within the increment of qualified street frontage used to
calculate the sign area. When a Pole Sign is situated near a property corner, the street frontage used to
calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming
an angle which bisects into equal parts the intersection of the two (2) adjacent property lines (see illustrations
in appendix).
e
G, Spacinq: A Pole Sign shall be a minimum of one hundred (100) feet from another Pole Sign, Monument Sign,
or Major Development Sign situated on the same lot.
H, Lots with Two Frontaqes: When a lot, tract or parcel of land abuts two (2) or more street frontages, a Pole
Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty
(50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as
prescribed herein,
I. Vehicular Protection: Every Pole Sign shall be located within a landscaped area or provided with vehicular
protection using a curb, bollards or similar device unless there is:
1. a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or
2. a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area,
J, Maximum Planter Heiqht: When a Pole Sign is located at a driveway entrance, landscaping plants or planter
boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height.
K. Pole and Monument Siqn Interchanqabilitv: A Pole Sign may be used in lieu of a Monument Sign, except in
residentially zoned areas, provided that all spacing requirements are maintained. Nothing in these regulations
shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the
type of sign used.
e
L. Outdoor Menu Boards: Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously
been approved for a business with drive-thru windows and under the following conditions:
1, Not more than one (1) outdoor menu board shall be allowed per drive-thru window.
2, Display area shall not exceed thirty (30) square feet.
3. The outdoor menu board lettering shall not be legible from any street.
Ord, No, 2341 10
Option "A"
e
M, Chanqeable Messaqe Boards: A Pole Sign may contain a changeable message board which utilizes either
electronic or changeable letters, The area of a changeable message board shall be included in calculating the
total sign area,
N. Illumination: A Pole Sign may be illuminated.
15. Monument Signs
The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shafJ be classified
as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with
the following regulations which are established for the three (3) divisions:
A. General Provisions Applicable to all Monument Siqns:
1, A permit shall be required for every Monument Sign.
2. Monument Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs.
3. When a Monument Sign is situated within an island or a driveway location at the entryway of a
development where a vehicular driving lane is located on one (1) or more sides of the Monument Sign, the
Monument Sign shall be set back a distance of fifteen (15) feet from the right-of-way line or an extension of the
right-of way line from the adjacent lots. The provisions of the Visibility Triangle contained elsewhere in these
regulations shall apply when a Monument Sign is situated on one or both sides of an entryway of a
development.
e
4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign.
B, Sinqle-family Residential Monument Siqns:
1. Number Allowed: Not more than two (2) matching Single-family Residential Monument Signs shall be
allowed at each entrance of a single-family residential subdivision,
2. Maximum Area: A Single-family Residential Monument Sign shall not exceed fifty (50) square feet in area,
3. Maximum Height: A Single-family Residential Monument Sign shall not exceed four (4) feet in height.
4. Illumination: Single-family Residential Monument Signs may be illuminated,
C, Multi-family Residential Monument Siqns:
1. Number Allowed: One (1) Multi-family Residential Monument Sign shall be allowed for each platted lot,
tract or parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Multi-
family Residential Monument Sign shall be allowed for each additional three hundred (300) feet of qualified
street frontage, or fraction thereof,
e
2. Maximum Area: A Multi-family Residential Monument Sign shall not exceed the ratio of one (1) square
foot of sign area for each two (2) feet of qualified street frontage, and no Multi-family Residential Monument
Sign shall exceed the maximum area of one hundred (100) square feet. Furthermore the total area of all
Multi-family Residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each
two (2) feet of qualified street frontage,
3, Maximum Height: A Multi-family Residential Monument Sign shall not exceed six (6) feet in height.
Ord, No, 2341
II
Option "A"
e
4, Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix), However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle.
5. Spacing: A Multi-family Residential Monument Sign shall be a minimum of one hundred (100) feet from
another Multi-family Residential Monument Sign situated on the same lot.
6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7, Illumination: Multi-family Residential Monument Signs may be illuminated,
D, Non-residential Monument Siqns:
1. Number Allowed: One (1) non-residential Monument Sign shall be allowed for each platted lot, tract or
parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way, One (1) additional
Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or
fraction thereof.
e
2, Maximum Area: A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign
area for each two (2) feet of qualified street frontage, and no non-residential Monument Sign shall exceed the
maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential
Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified
street frontage.
3, Maximum Height: A non-residential Monument Sign shall not exceed the maximum height of six (6) feet.
4, Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix), However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle.
5. Spacing: A non-residential Monument Sign shall be a minimum of one hundred (100) feet from another
non-residential Monument Sign, Pole Sign, or Major Development Sign situated on the same lot.
6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7. Pole and Monument Sign Interchangeablility: A non-residential Monument Sign may be used in lieu of a
Pole Sign, provided that all spacing requirements are maintained, Nothing in these regulations shall be
construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of
sign used,
-
8, Changeable Message Boards: A non-residential Monument Sign may contain a changeable message
board which utilizes either electronic or changeable letters, The area of a message board shall be included in
calculating the total sign area,
Ord, No, 2341
12
Option "A"
e
9. Illumination: A non-residential Monument Sign may be illuminated,
16. Signs for Automobile Dealerships
One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty
(150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the
Pole or Monument Sign regulations.
17. Major Development Signs
The purpose of a Major Development Sign is to identify the name of a large retail shopping center which contains
one hundred thousand (100,000) square feet of floor area or more and to provide signage for tenants located in
the retail shopping center. Major Development Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Major Development Sign,
B, Permitted Districts: Major Development Signs shall be allowed in zoning districts shown in Section 924, Table
of Permitted Signs.
C. General Criteria: One Major Development Sign shall be allowed when either of the following criteria are
satisfied:
e
1. On a single platted lot which contains one (1) multi-occupancy building having one hundred thousand
(100,000) square feet of floor area or more, or two (2) or more buildings, with a combined total of one hundred
thousand (100,000) square feet of floor area, or more; or
2. When an attached multi-occupancy building has a combined total of one hundred thousand (100,000)
square feet of floor area, or more, and is situated on two (2) or more platted lots, A Major Development Sign
may advertise tenants located on any of these two (2) or more platted lots,
B. Considered as Bonus Siqn: A Major Development Sign shall be considered a bonus sign and shall be allowed
in addition to any other sign authorized in these regulations, provided that all spacing requirements are
satisfied.
C, Maximum Number Allowed: Nothing in these provisions shall be construed so as to allow more than one (1)
Major Development Sign for each street frontage per eligible development.
D, Spacinq: A Major Development Sign shall be a minimum of one hundred (100) feet from a Pole Sign or
Monument Sign located on the same lot or on an adjacent lot of the same development.
E. Maximum Area: The Major Development Sign shall not exceed the ratio of 0.005 square feet of sign area for
each square foot of building floor area, No Major Development Sign shall exceed one thousand (1,000)
square feet of sign area.
F. Maximum Heiqht: A Major Development Sign shall not exceed the maximum height of fifty (50) feet, except
when the Major Development Sign qualifies for additional height in the Freeway Overlay Zone.
e
G, Vehicular Protection: Every Major Development Sign shall be located within a landscaped area or provided
with vehicular protection using a curb, bollards or similar device unless there is:
1, A minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or, ' -
Ord, No, 2341
13
e
e
e
Option "A"
2. A minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area.
H. Maximum Planter Heiqht: When a Major Development Sign is located at a driveway entrance, landscaping
plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty (30) inches in
height.
I. Chanqeable Messaqe Boards: A Major Development Sign may contain a changeable message board which
utilizes either electronic or changeable letters. The area of a changeable message board shall be included in
calculating the total sign area.
J, Illumination: A Major Development Sign may be illuminated,
18. Freeway Overlay Zone
There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the
right-of-way of I. H. Loop 820 and State Highway 121. A Pole Sign or Major Development Sign within the Freeway
Overlay Zone shall comply with the following additional regulations:
A. Maximum Pole Siqn Heiqht: A Pole Sign located within the Freeway Overlay Zone shall not exceed sixty-five
(65) feet in height.
B, Maximum Maior Development Siqn Heiqht: A Major Development Sign located within the Freeway Overlay
Zone shall not exceed sixty-five (65) feet in height.
C, Maximum Pole Siqn Area: The maximum size of a Pole Sign located within the Freeway Overlay Zone shall
be two (2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred
(400) square feet.
19. Subdivision Nameplate Signs
The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision, Subdivision Nameplate
Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Subdivision Nameplate Sign,
B. Permitted Districts: Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 824,
Table of Permitted Signs.
C, Location: Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry screening wall.
D. Number Allowed: Not more than two (2) matching Subdivision Nameplate Signs shall be allowed at each
entrance of an "R" district subdivision, or a multi-family development.
E. Maximum Area: A Subdivision Nameplate Sign shall not exceed fifty (50) square feet in area,
F, Maximum Heiqht: A Subdivision Nameplate Sign shall not extend above the fence or wall.
G, Illumination: Subdivision Nameplate Signs may be illuminated,
Ord, No, 2341
14
Option "A"
e
20. New Development Signs
The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or
a proposed new commercial development. New Development Signs shall comply with the following additional
regulations:
A. Permit Period: A permit shall be required for each New Development Sign. Permits for such signs shall be
valid for a period of one (1) year, or to the completion of the project, whichever occurs first and must be
removed prior to the expiration of the permit. The permit may be renewed each year upon payment of a new
fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision or until
the issuance of a Certificate of Occupancy by the Building Official.
B, On-site: One (1) New Development Sign shall be allowed on-site of the residential subdivision or on the site
of the commercial project. Additional on-site New Development Signs shall be allowed as follows:
1. One (1) additional New Development Sign shall be allowed on-site on a different street than the initial New
Development Sign when a residential subdivision contains two street intersections which do not intersect on
the same street.
2, One (1) additional New Development Sign shall be allowed on-site of a proposed new commercial project
when the site contains two or more street frontages,
C,
D.
e E.
F,
Off-site: One (1) New Development Sign shall be allowed off-site which may be located in any Commercial,
Industrial, or Office Zoning District, or on unplatted vacant property.
Maximum Heiqht: A New Development Sign shall not exceed fifteen (15) feet in height.
Maximum Area: A New Development Sign shall not exceed one-hundred (100) square feet in area,
Illumination: A New Development Sign may be illuminated,
21. Traffic Directional Signs
The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by
identifying the vehicle entrance or exit. Traffic Directional Signs shall comply with the following additional
regulations:
A. A permit shall not be required for a Traffic Directional Sign.
B, Traffic Directional Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs,
C, One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a
traffic hazard,
D, A Traffic Directional Sign shall not exceed two (2) square feet in area, However, a Traffic Directional Sign
located behind a building set-back line shall not exceed six (6) square feet in area.
E. Traffic Directional Signs may pertain to either vehicular or pedestrian traffic.
F, Traffic Directional Signs may include a company name and logo.
e
G, A Traffic Directional Sign may be illuminated.
Ord, No, 2341
15
Option "A"
e
22. Building Signs
Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projection Signs.
23. Wall Signs
The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure, For the
purpose of these regulations, a sign attached to a mansard roof which has a 1: 1 slope, or more, shall be
regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning-
like structure and does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is
attached shall be regulated as a Wall Sign. Wall Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Wall Sign, A separate permit shall be required for any
awning.
B. Permitted Districts: Wall Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted
Signs,
C. Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs
on each wall surface shall not exceed twenty-five (25) percent of the total wall area. For purposes of these
regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a
multi-occupancy structure,
D, Multi-familv Developments: Wall Signs for multi-family developments are limited to one (1) Wall Sign for each
street frontage and a maximum area of fifty (50) square feet.
e
E. Maximum Projection: A Wall Sign shall not project more than eighteen (18") inches from the surface upon
which it is attached, However, the upper edge of a Wall Sign mounted on a mansard roof may project more
than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the
apparent roof line of the building.
F, No Projection Above Roof Line: Except for signs attached to a mansard roof, all Wall Signs shall be placed flat
against the wall of a building and shall not project above the parapet wall, the apparent flat roof, eaves line of
the building, or extend beyond the side wall of the building,
G. Illumination: A Wall Sign may be illuminated,
24. Roof Signs
The purpose of a Roof Sign is to provide advertising on the roof area of a structure. A Sign attached to a
mansard roof which has less than a 1: 1 slope shall be regulated as a Roof Sign. Roof Signs shall comply with
the following additional regulations:
A. A permit shall be required for every Roof Sign,
B, Roof Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, One (1) Roof Sign shall be allowed for each lot. However, no lot shall have a Roof Sign in combination with a
Wall Sign, Canopy Sign or Projection Sign,
e
D. A Roof Sign shall not project horizontally over the edge of the roof or eaves and the lower edge of a Roof Sign
shall not exceed eighteen (18) inches above the apparent flat roof line,
E. A Roof Sign shall not exceed fifty (50) square feet in area.
Ord,No,:!341 16
Option "A"
e F. The height of a Roof Sign shall not exceed ten (10) feet above the apparent flat roof or eaves line.
G. A Roof Sign may be illuminated.
25. Canopy Signs
The purpose of a Canopy Sign is to provide advertising on a canopy structure, For the purpose of these
regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall
surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign. Canopy Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Canopy Sign. A separate building permit shall be required for the
construction of the canopy,
B. Canopy Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted.
C. A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy.
0, A Canopy Sign shall not extend beyond the width or project above the top of the canopy.
E. A Canopy Sign may be illuminated.
e
F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy,
nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular
maneuvering area,
G, When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be
allowed and are exempt from any permit requirements, However, such signs shall not exceed four (4) square
feet in area,
26. Projection Signs
A Projection Sign is a sign in which the message area is perpendicular to the wall of the building. Projection Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Projection Sign,
B, Projection Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, One (1) Projection 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 Projection Sign in combination with a Wall Sign, Roof
Sign, or Canopy Sign.
0, A Projection Sign shall not exceed twenty-five (25) 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.
E. Projection Signs shall not project over any property line or right-of-way line,
e
F. A Projection Sign shall not project more than four (4) feet from any wall facing and shall not extend above the
apparent roof line of the buifding,
G. Every Projection 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
Ord, No, 2341 17
Option "A"
e H, A Projection Sign may be illuminated.
0,
E,
F,
e
G.
H,
I.
J,
K.
L.
M,
e
Ord, No, 2341
27. Temporary Signs
Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political
Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs,
28. Portable Signs
A A permit shall be required for every Portable Sign,
B. Portable Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
C, A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the
premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of
Occupancy has been previously issued by the Building Official.
The Portable Sign structure must be removed from the premises upon expiration of the permit. Removal of
the letters from the sign board does not constitute removal of the sign.
A Portable Sign shall not be displayed for more than thirty (30) consecutive days,
No more than three (3) portable sign permits per year shall be issued to a business, Consecutive permitting
shall be prohibited. There shall be a forty-five (45) day period between permitting. A Portable Sign erected in
conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph,
A Portable Sign shall not exceed fifty (50) square feet in area.
A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard,
A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required
loading zone.
A Portable Sign shall not be placed in any location that blocks the view of any ground sign.
A Portable Sign shall be a minimum of one hundred (100) feet from another Portable Sign situated on the
same lot.
A Portable Sign may advertise one or more businesses located on the same lot.
A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which
shall be the same information as shown on the Contractor Registration on file with the City. Any sign not
containing current information shall be declared an illegal sign,
N, Portable Siqns for Civic And Reliqious Orqanizations: Two Portable Signs advertising events of public
sChools,-private schools, non-profit civic organizations and religious organizations shall be allowed upon
approval of a permit. Such permit shall be at no cost.
18
e
e
e
Option "A"
29. Real Estate Signs
The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings considered as
real property. Real Estate Signs shall be classified as either residential or non-residential. Every Real Estate Sign
shall comply with the following additional regulations:
A. General Provisions Applicable to all Real Estate SiQns:
1. A permit shall not be required for a Real Estate Sign.
2. Real Estate Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
3, Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the
property advertised,
8, Residential Real Estate Siqns: One (1) Residential Real Estate Sign shall be allowed for each street frontage
in a residential zoning district, subject to the following regulations:
1. The Residential Real Estate Sign shall be placed on the property offered for sale or rental.
2. The primary area of the Residential Real Estate Sign shall not exceed six (6) square feet, exclusive of the
pole. The Real Estate Sign shall have no more than six (6) "sign riders",
3. No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height.
4. A Residential Real Estate Sign shall be not be illuminated,
5, In addition to a Residential Real Estate Sign, one (1) "Open House" and one (1) "Model Home" sign shall
be allowed on the property offered, The size and area shall not exceed that of a Residential Construction
Trade Sign.
6, "Open House" signs and "Model Home" signs displayed off-premises shall be allowed when the advertiser
and the sign conforms to the regulations for Weekend Advertising Signs contained in this Article,
C. Non-residential Real Estate SiQns: One (1) Non-residential Real Estate Sign shall be allowed for each street
frontage on any multi-family or nonresidential commercial property, and shall comply with the following
additional regulations:
1, The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental.
2, A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area.
3. A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height.
4, A Non-residential Real Estate Sign shall not be illuminated.
5. A Non-residential Real Estate Sign shall be a minimum of twenty (20) feet behind any curb or edge of
pavement.
6, In addition to a Non-residential Real Estate Sign, one (1) "Open House" sign shall be allowed on the
property offered, The size and area shall not exceed that of a Non-residential Real Estate Sign.
7, "Open House" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to
the regulations for Weekend Advertising Signs contained in this Article,
Ord, No, 2341
19
Option "A"
30. Garage Sale Signs
e A.
B,
c.
O.
E.
F,
G.
A permit shall not be required for any Garage Sale Sign,
Garage Sale Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs when in
conjunction with an approved garage sale permit.
Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in
conjunction with an approved garage sale permit at a place of residence,
Garage Sale Signs shall be located on private property only, Garage Sale Signs shall not be allowed on any
public property, right-of-way, or utility, light, traffic signal or sign pole.
Garage Sale Signs shall not exceed six (6) square feet in area,
Garage Sale Signs shall not exceed three (3) feet in height.
Garage Sale Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be
removed within twenty-four (24) hours following the end of the sale,
H, Garage Sale Signs shall not be illuminated,
31. Political Signs
e
The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue
being considered for public referendum. Political Signs shall comply with the following additional regulations:
A. No permit shall be required for any Political Sign.
B. Political Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
C, Political signs shall not be located on any utility, light, traffic signal or sign pole.
0, Political signs shall be allowed for a period of thirty (30) days prior to local or county elections, sixty (60) days
prior to a state election and ninety (90) days prior to a national election. All political signs shall be removed no
later than seven (7) days after the election or after the termination of candidacy, whichever occurs first.
E. AG and "R" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not
exceed three (3) feet above grade in the AG and all "R" zoning districts,
F, All Other Districts Political Signs shall not exceed fifty (50) square feet in area and the height shall not
exceed six (6) feet above grade in all zoning districts except in the AG and all "R" districts.
G. Political Signs shall not be located so as to cause a safety or traffic hazard,
H, A Political Sign shall not be illuminated,
32. Banner Signs
e
The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages.
Banner Signs shall comply with the following additional regulations:
A. A permit shall not be required for a Banner Sign,
Ord, No, 2341
20
B,
e c,
D.
E.
F.
G.
H,
e
Option "A"
Banner Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi-
occupancy structure.
A Banner Sign shall not exceed fifty (50) square feet in area.
Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or
eaves line.
Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads in accordance with the Uniform Building Code.
A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days,
In conjunction with the Grand Opening Signage provisions of this Article, one additional oversized banner shall
be allowed on the front or side of a building structure for each street frontage of a business holding a
Certificate of Occupancy. The maximum size of the additional banner(s) shall not exceed twenty-five (25)
percent of the wall area on which the banner is attached and may be displayed for a period of thirty (30) days.
I. Developments with a parking lot containing more than sixty-five thousand (65,000) square feet may erect color
coded banners for the purpose of aiding patrons in locating their parked vehicfes. Such banners shall be
located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty-
five thousand (65,000) square feet of parking area. Such banners shall be entitled to have a logo or symbol
identifying the establishment. The total size of each such color coded banner shall not exceed thirty-six (36)
square feet and the banner shall not be less than three (3) feet in width nor more than twelve (12) feet in
length or greater than twenty (20) percent of the surface height of the pole to which it is to be attached.
33. Construction Trade Signs
The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction
companies working at a construction site, For purposes of these regulations, a sign which advertises the financial
lending institution shall be considered a Construction Trade Sign, Construction Trade Signs shall be regulated as
either Residential Construction Trade Signs or Non-residential Construction Trade Signs.
A. No permit shall be required for any Construction Trade Sign,
B. Construction Trade Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
C. Residential Construction Trade Signs shall comply with the following:
1, Residential Construction Trade Signs shall only be allowed in residential zoning districts.
2. Residential Construction Trade Signs shall not exceed six (6) square feet in area.
3. Residential Construction Trade Signs shall not exceed three (3) feet in overall height.
4. The signs shall be placed on the property where building activity is taking place.
5, A Residential Construction Trade Sign shall not be illuminated,
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy.
D. Non-residential Construction Trade Signs shall comply with the following:
1. Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts.
2, Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area.
3. Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height.
4, The signs shall be placed on the property where building activity is taking place.
5. A Non-residential Construction Trade Sign shall not be illuminated.
Ord, No, 2341 21
e
e
e
e
Option "A"
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy,
34. Flags
Flags shall comply with the following additional regulations:
A. A permit shall not be required for any Flag. A permit shall be required for a flag pole which exceeds twenty
(20) feet in height above the ground,
B. United States and State Flags shall be allowed in all zoning districts,
C, Company logo flags shall be allowed in all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T,
and R-8 districts.
D. Company logo flags shall not exceed one hundred (100) square feet in area, and if flown in conjunction with
United States and Texas Flags, shall not exceed area of United States and Texas flags.
E. Maximum Height A flag shall not be flown at a height which exceeds the following:
1. Twenty (20) feet in the R-7-MF zoning district.
2. Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, and R-8 zoning districts.
35. Weekend Advertising Sign
The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential
properties in North Richland Hills.
A. Registration A builder, developer, or Realtor must be registered with the City of North Rich/and Hills to be
eligible to participate as a weekend advertiser. The annual fee shall be paid and/or renewed during the month
of January each year.
B, Schedule Signs shall be allowed between 12:00 p,m, Friday and 12:00 p,m. Monday. A holiday falling on
Friday or Monday will be considered as part of the weekend,
C. Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three (3) feet above grade,
D. Spacing of Signs Signs for one advertiser shall be at least two hundred (200) feet apart,
E. Sign Location Individual sign locations shall adhere to the following criteria,
1, It shall be the responsibility of the builder, owner, or Realtor to secure permission of the adjacent property
owner for placement of the signs on private property. This policy does not grant unlimited access and use of
the City right-of-way.
2, Signs may be placed in street right-of-way, but no closer than three (3) feet from the edge of the sign to the
street curb or edge of pavement. Signs shall not encroach either the sidewalk or the street.
3, No sign shall be placed in a visibility sight triangle as defined in this Ordinance.
4, Signs shall not be located within a street median,
F, Sign Construction and Criteria Signs shall be rigid, two dimensional displays that advertise residential
property, "For Sale, Lease or Open House", guiding the public to a specific location in North Richland Hills.
Ort!, No, 2341
22
Option "A"
e 36. Grand Opening Signage
The purpose of Grand Opening Signage is intended to allow a new business, or a business which has
substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually
allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is
allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, R-7-MF, R-8, and
the U Districts. The following regulations contained within this subsection apply to Grand Opening Signage,
A. Upon the issuance of a Certificate of Occupancy and within a 180 calendar day period thereafter, a business
shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection
when one of the following conditions applies:
1. When the Certificate of Occupancy has been issued to a new business, which may not be of the same
business classification type listed in Section 310, Table of Land Uses, which existed previously for the same
address location, unless the prior business has been closed for a thirty (30) day period, or longer, or
2. When a Certificate of Occupancy has been issued to an existing business, which has 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.
B, Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period
of thirty (30) consecutive calendar days, The Grand Opening Signage permit is limited to the address noted
on the Certificate of Occupancy and shall comply with the following requirements:
e
1, Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs &
balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the
provisions of Article 9, Sign Regulations, Ordinance 1874, as amended.
2. A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section
986 C of this Article.
3, Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section
978 of this Article.
4. Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section
986 E of this Article.
5, Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions
of Section 986 D of this Article,
6. One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of
Section 970 of this Article.
7. Grand Opening signage shall be contained within the limits of the property of the legal business on which a
Certificate of Occupancy has been issued and shall not extend into the City right-of-way. Signage shall not be
located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated
signs or electrical fixtures,
8, No permit fee shall be required for a Grand Opening Signage Permit.
e
C. Searchliqhts: Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision
contained in these regulations. A searchlight may be used provided the following regulations are satisfied:
Ord, No, 2341
23
Option "A"
e
1. Any searchlight shall be located on private property of the premises and not on any public right-of-way,
The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of
thirty (30) degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises shall not exceed a total of one
thousand six hundred (1600) million foot candlepower, No more than four (4) beams of light may be projected
from any premises.
3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed
at any portion of the traveled ways or adjoining property, No light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle.
4. No searchlight may be operated between the hours of 11 :00 p,m. and 7:00 a,m.
0, Inflatable Siqns and Balloons: Inflatable Signs and Balloons, including lighter-than-air balloons connected
with a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in
these regulations, Inflatable Signs and Balloons may be used provided the following regulations are satisfied:
1. Not more than one Inflatable Sign or Balloon shall be allowed on any premises,
2, Inflatable Signs and Balloons when placed on a building may not exceed twenty-five (25) feet in height
above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering.
3. Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five (25) feet in height
above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering,
e
4, Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum
distance equal to the height of the balloon,
5. Inflatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire.
6. Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner
to withstand wind loads,
E. Pennants: Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions
contained in these regulations, Pennants may be used provided the following regulations are satisfied:
1. All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire
lane,
2. All Pennants shall maintain five (5) feet of clearance from any overhead electrical wire.
3. All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads.
4. Pennants shall not be attached to any utility or traffic control device pole located within a right-of-way or
project into a street right-of-way,
37. Sign Review Board
e
A. Creation: There is hereby created a Sign Review Board consiting of five members and two alternates, each to
be appointed by a majority of the City Council for a term of two years and removable for cause by the
appointing authority on a written charge after a public hearing, It is the declared policy of the City Council that
it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge
of the community, independent judgment, and availability to prepare for and attend meetings, For the purpose
of this Ordinance the North Richland Hills Zoning Board of Adjustment shall serve as the Sign Review Board.
Ord, No, 2341 24
Option "A"
e
B, Terms of Office: The members shall serve for a period of two years and until their successors are duly
appointed. Qualified Board members may be appointed to succeed themselves.
C, Vacancy: Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever
the City Council finds that member has resigned, has not maintained the qualifications required for
appointment or has been removed by City Council for cause,
0, Orqanization: The Board shall elect a chairman from among its members to preside at meetings, Such
chairman, or in his absence an acting chairman elected from among the members, may administer oaths and
compel the attendance of witnesses. The Board shall designate the time and place of its meetings, The
Board shall adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with
this Ordinance or inconsistent with the statutes of the State of Texas. All meetings of the Board shall be open
to the public,
E. Meetinqs and Quorum: Four members of the Board shall constitute a quorum for the conduct of business.
The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve
without compensation, Minutes shall be kept showing the vote of each member on each question or the
absence or failure of each member to vote, Such proceedings shall be a public record and shall be retained
for at least five years,
F. Jurisdiction: The Sign Review Board shall have the right to inspect premises where required in the discharge
of their responsibilities under this ordinance. The Sign Review Board, in specific cases, may authorize or order
the following:
e
1. Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement,
decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall
establish firm guidelines for future administrative actions on like matters.
2. Permits for Nonconformities: To authorize a building permit for the reconstruction, extension, or
enlargement of a non-conforming sign,
3, Discontinuance of nonconformities: To require discontinuance of non-conforming sign under the authority
provided in the Texas Local Government Code,
4. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as
will not be contrary to the public interest and where, because of special conditions, the enforcement of the
Ordinance would result in an unnecessary hardship,
G, Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a
certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or
Board of the City affected by a decision of the City Enforcement Officer. Such appeal shall be taken within
fifteen (15) days time after the decision has been rendered, by filing with the Enforcement Officer a notice of
appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all papers
constituting the record upon which the action being appealed was taken,
H. Application: Before any request for an interpretation or a variance from this Ordinance will be heard by the
Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon
the forms prescribed by the City of North Richland Hills, Such application shall included, but is not limited to,
the following:
e
1, the name, address, and phone numbers of the property;
2. the name, address, and phone numbers of the owner's agent, if applicable;
3, the legal description of the property;
4, a brief description of the \7ariance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property,
O~,~2~1 ~
Option "A"
e
The applicant must provide proof of ownership of the property, or a letter from the owner of the property
granting the applicant permission to request the variance,
I.
Fees: Every application for a variance shall be accompanied by a filing fee as follows: Residential $100.00
and Non-residential $175.00,
J. Stay of Proceedinqs: An appeal shall stay all proceedings of the action appealed from unless the City
Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board that a stay
would, in the opinion of the City Enforcement Officer, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or by a court of record.
K. Form of Appeal or Application: An appeal or application shall be in such form and contain such information as
the Board may require under its Rules of Procedure, It shall be accompanied by the required fee. An
incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board
and shall not be reviewed or scheduled for hearings until brought to completion.
L. Notice of Hearinq: Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property shall be sent to all owners of real property
lying within two hundred feet of any property on which the variance is requested. The notice of hearing shall
be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such
notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before
the date set for a hearing before the Sign Review Board. Notice of hearing shall also be given by publication
in the official newspaper of the city at least ten days before the date before the date set for a hearing before
the Sign Review Board, Such notice shall state the time and place of such hearing, and the nature of the
subject to be considered,
tit M, Hearinq:
1, Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence
supporting the granting or denial of an appeal shall be submitted only through the City Enforcement Officer or
to the Board in public meeting,
2. Any appeal or application may be withdrawn upon written notice to the City Enforcement Officer,
3, The Board shall make its decision on any application within forty-five days from the time the initial hearing
is held or the application will be deemed to have been denied.
N. Decision and Votinq:
1. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be
supported in the record of proceedings, The Board may act only in matters as specifically authorized by
theses regulations and these regulations shall be construed as limitations on the power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of these
regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the
terms of these regulations will be strictly enforced,
3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement,
decision or determination of the City Enforcement Officer; to approve any variance t~at the Board is
empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or
lot.
tit
4, A member shall disqualify himself from voting whenever he has a personal or monetary interest in the
property under appeal, or wiN be directly affected by the decision of the Board,
Ord, No, 2341
26
e
e
e
Option "A"
5, A member may disqualify himself from voting whenever any applicant, or his agent, has sought to
influence the member's vote on the appeal other than in the public hearing,
6. The decision of the Board shall be final.
O. Approval of Request:
1, In approving any request, the Board may designate such conditions including time limits, if appropriate, in
connection therewith in order to secure substantially the objectives of the regulation or provision to which such
variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in
which such permit is granted,
2, When necessary the Board may require guarantees, in such form as it deems proper, to insure that
conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction
permits within sixty days after the Board's decision unless a greater time is requested in the application and is
authorized by the Board, Any approval may be granted one emergency extension of sixty days on written
request filed with the Board before expiration of the original approval. Failure of the applicant to apply for
occupancy of construction permits within the authorized time period shall void the right to secure such permits
except upon the filing of a new application or appeal.
P. Denial of Request: No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds:
1, That new plans materially change the nature of the request, or
2. The permitted development of other nearby property in the same zone has been substantially altered or
changed by a ruling of the Board so as to support an allegation of changed conditions.
II.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any other sign regulation of the City of
North Richland Hills, Texas.
III.
Violations
A If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he shall, when
necessary, give notice to the person responsible to cease such violations forthwith.
B, Written notice may be delivered in person or by mail to a violator or to any person in charge of property where
a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcement Officer or
his deputy, Either notice shall be effective,
C, In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum
requirements adopted for the promotion of public health, safety, morals and general welfare.
D, Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher
standards as determined by the City Enforcement Officer shall govern,
Ord, No, 2341
27
e
e
e
Option "A"
IV.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor,
and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense, Each
day such violation continues to exist shall constitute a separate offense,
V.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
VI.
Effective Date
This ordinance shall be in full force and effect from and after its passage,
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF SEPTEMBER, 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord, No, 2341
28
e
e
-
Option "8"
ORDINANCE NO. 2341
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING
SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS
ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter;
and
WHEREAS, the City Council has determined that the regulation of advertising signs is necessary
to adequately protect the public health, safety, and promote the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
I.
The following sign regulations shall be the minimum standards for development within the
corporate limits of the City of North Richland Hills, Texas:
SIGN REGULATIONS
1. Purpose
The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare
of the City of North Richland Hills by facilitating easy and pleasant communication between people and their
environment. These regulations contain standards intended to avoid visual clutter which is potentially harmful to
traffic and pedestrian safety, property values, business opportunities, and community appearance. These
regulations govern the use, size, location, construction and maintenance of signs, It is the purpose of these
regulations to protect property values within the City of North Richland Hills, to enhance the beauty of the City, and
to protect the general public from damage and injury which may be caused by the unregulated construction of
signs. Pursuant to these purposes, it is the intent of this Article to authorize the use of signs 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;
0, Legible in the circumstances in which they are seen.
Ord, No 2341
Option "8"
2. General Provisions
· The following general provisions shall be applicable to all signs erected within the corporate limits of the City of
North Richland Hills, Where a conflict may exist between a general provision and a specific regulation, the specific
regulation shall have priority over the general provision.
A. Compliance Required No person shall erect, after, or add to a sign, or sign structure, unless said sign
conforms to the provisions contained in this Article,
B, Siqn Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face.
However, 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. Construction Standards The construction of all signs shall comply with the structural requirements of the
North Richland Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by
the City of North Richland Hills. The design of sign supports and structures shall be compatible with and in
harmony with the surrounding buildings and structures. Any electrical installations shall comply with the North
Richland Hills Electrical Code,
D. Enqineerinq Requirements Where required, the construction plans shall be signed and sealed by a
professional engineer registered in the State of Texas.
E, Interference With Safety Provisions No sign shall be erected in such a manner that any portion of its surface
or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct
any required ventilator or door stairway.
e
F. Minimum Street Frontaqe A minimum of fifty (50) feet of qualified street frontage shall be required to erect a
Ground Sign,
G, Encroachment A sign shall not be constructed within or project over any property line, right-of-way line, public
drainage easement, public or private utility easement without an encroachment letter which has been
approved by the Public Works Department, unless a specific provision allowing such encroachment is
contained in these regulations.
H, Pedestrian Clearance No sign may project more than six (6) inches from the face of a building where general
public access is provided 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.
I. Off-premises Advertisinq All signs shall identify the business or enterprise by name and address only or
products sold or used on premises. Off-premises advertising shall be prohibited, unless provisions for such
signs are contained in these regulations.
J, Memorial and Historical Siqns The City Councilor City Manager may authorize special permits, on such
terms as deemed appropriate, for signs and markers denoting properties or buildings which may have
historical or memorial significance to the community,
K. Community Special Events The City Council, or City Manager may authorize signs to advertise patriotic,
special events or special projects of general public interest taking place within the boundaries of the City.
e
L. Driveway Visibility Trianqles for Commercial Properties 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 aM connecting these points with an imaginary line, thereby making a triangle.
Within this triangle, vision shall be clear at elevations between thirty (30) inches and nine (9) feet above the
Ord, No, 2341 2
Option "B"
e
average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on
the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise.
M. Vehicle Advertisinq Vehicles which display signage shall comply with the following:
1. Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed,
No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted
signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-up truck.
2. Banners, or signs made of cloth or other light materials, secured with rubber, rope, string, tape, or other
similar adhesives shall be prohibited as vehicle advertising.
3. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these
regulations shall be prohibited,
4. All vehicles which have signs or advertising shall be in working order and shall be in compliance with all
applicable vehicle safety laws when signs are in place. All such vehicles shall have current registration and
inspection stickers and shall be regularly used for transportation purposes,
e
N. Liqhtinq Where provided for in theses regulations, certain signs may be illuminated. Illumination may be
either internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities
shall require separate electrical permits and shall be installed in accordance with the North Richland Hilfs
Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or
create a traffic hazard on a street. When the Building Official has determined necessary, illuminated signs
situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare.
3. Signs Exempt From These Regulations
The following signs shall be exempt from regulation under this Ordinance:
A A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including
historical signs and markers placed by a city, county, state or national historical preservation organization and
official vehicle inspection station signs.
B. A sign located inside a building and which is not displayed so as to be visible from outside the building. Signs
located within a covered mall building shall comply with the North Richland Hills Building Code and the North
Richland Hills Electrical Code.
C, A sign located within a building, that is not legible beyond the lot line on which such sign is located. These
generally include credit card decals, hours of operation signs, emergency contact information, etc,
D, Works of art, including barber poles attached to a building, that do not include a commercial message.
E, Holiday lights and decorations.
F.
G,
H.
e I.
Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs.
"No Parking" or "Towing" signs authorized by City Ordinance.
"No Dumping Allowed" signs posted to deter illegal dumping.
Telephone and other underground utility warning signs not exceeding one (1) square foot in size and other
safety signs,
Orú, No, 2341
3
Option "8"
e
J. Temporary Signs which are painted on glass surfaces of windows or doors and pertaining to the lawful
business conducted therein.
K. A sign within or on railway property and placed or maintained in reference to the operation of such railway,
L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet.
4. Signs Prohibited
A. Rotatinq and Flashinq Siqns: Revolving, rotating, flashing, or blinking beams or beacons of light shall be
prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental
agency. Flashing or blinking lights which are incorporated into an electronic message board shall be allowed
and are regulated elsewhere in these regulations,
B. Siqns on Public Property: Private signs shall be prohibited upon public property unless authorized by the City,
other appropriate governmental authorities, or as provided by these regulations,
C. Siqns Attached to Utility Poles: Signs attached to light poles, utility poles, traffic control poles and trees,
except for "Posted-No Trespassing" signs shall be prohibited,
D. Park Bench Siqns: Park bench signs and billboard signs shall be prohibited.
E, Search Liqhts and Balloons: Search lights and inflatable balloons shall be prohibited, except when approved
as a Grand Opening Permit as regulated in these regulations,
e
F, Obnoxious Siqns Exploitinq Sex Prohibited:
1, Visual Depiction of Sexual Areas of Human Form Prohibited: No sign, including any temporary sign, which
depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any
portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or
adjacent to any building where it is visible from a public street or from an adjacent building or premises.
2, Use of Words Connoting Erotic Entertainment Prohibited: No sign, including any temporary sign, which
advertises any "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed
upon or adjacent to any building where it is visible from a public street or from an adjacent building or
premises, The words "adult entertainment" or "adult shows" shall be permissible,
3, Display of Offensive Signs a Public Nuisance: Any sign which is in violation of this subsection shall be
declared a public nuisance.
G, Activities Specifically Prohibited: The following types of signs or activities are specifically prohibited as
advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the
corporate limits of the City of North Richland Hills:
1, Bungee Jumping
2. Animal rides
3, Street vendors or hawkers
4, Helicopter or airplane rides
5, Hot air balloon rides
e
Onl, No, 23-1 I
4
Option "8"
5. Definitions
e
All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the
Webster's New Collegiate Dictionary, unless specifically defined in this Section. For purposes of these
regulations, certain terms herein are defined as follows:
A. Banner Siqn: A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with
or without frames,
B. Billboard Siqn: An outdoor advertising structure which advertises a use, product, or service not necessarily found
on the premises.
C, Buildinq Siqn: A sign which has its main supporting structure depending on a building for support,
D. Canopy Siqn: A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or
metal, which projects from the wall of a building or overhangs a public way. A Canopy Sign may also be attached
to a free-standing structure, such as over a gas pump island.
E. Enforcement Officer: The administrative official charged with responsibility of enforcing the Zoning Ordinance.
F. Flaq: A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal,
or an emblem.
G. Ground Siqn: A sign which has its main supporting structure depending on the ground for attachment.
e
H. Illumination: For the purposes of these regulations the term illumination shall be defined as follows:
1. "Internal lighting" shall mean a source of ~IIumination entirely within the sign which makes the contents of the
sign visible at night by means of the light being transmitted through a translucent material but wherein the source
of the illumination is not visible.
2, "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing
letter) which makes the sign visible at night by means of lighting the background upon which the free-standing
character is mounted, The character itself shall be opaque, and thus will be silhouetted against the background.
The source of the illumination shall not be visible,
3, "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, but
designed specifically to illuminate the sign, but which itself is not visible to persons viewing the sign from any
normal position of view.
I. Lot: Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this
Ordinance, and usually having its principal frontage upon a street or upon an officially approved place.
J, Lot Width - The minimum width of a lot measured at the front building line or chord length when the front of the lot
is curved
K. Monument Siqn - A permanent ground sign generally constructed out of brick, stone or cast concrete material
supported on concrete foundation across the entire base of the structure and which may have an open space
between the bottom of the sign and the ground which does not exceed one (1) foot.
e
L. Roof Siqn - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof
structure, and usually extending vertically above the highest portion of the roof,
M, Siqht Trianqle - An area of unobstructed visibility on either corner of a street and/or driveway of at least twenty-
five feet in any direction, -
Ord, No, 2341
5
Option "8"
e
N. Sic¡n - A displayed structure bearing lettering or symbols, generally used to identify or advertise a place of
business, product or service located or offered on the premises.
0, Siqn Area - The total area within the extreme perimeter of the attraction area intended to draw attention to the
sign. Supporting structures shall not be included in calculations, except for Monument Signs,
P. Sic¡n Heiqht - The vertical distance measured from ground level to the top of the sign, measured at its highest point
above ground level. For purposes of measurement, the average surrounding ground area shall be considered the
ground level from which the height will be determined for compliance with applicable regulations.
Q. Sic¡n Rider - An attachment to a real estate sign "detailing" certain features of the property, such as "Four
Bedroom," "Pool," "Game Room," or the agents name.
R. Temporary Siqn - A sign intended to be displayed for a short period of time only.
S. Traffic Directional Siqn - Any sign used only to control and direct traffic into or on private property, e.g" "ENTER"
or "EXIT'.
T. Wall Siqn - A sign painted on or attached to the wall surface of a building.
U, Wall Surface - The general outer surface of any main exterior wall of the building or structure not including
cornices, bay windows, or other ornamental trim,
6. Agricultural Zone Signs
e
In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof,
projecting or wall signs, except monument signs, in accordance with these regulations with exception that such
signs shall not exceed a total of one hundred (100) square feet in area and shall not exceed fifteen (15) feet in
height.
7. Sign Permit Required
No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign
structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is
specifically provided herein, No permit shall be issued until the Building Official determines that the proposed sign
is in conformance with these and any other applicable regulations. Where signs are illuminated by electric lighting
which requires permanent wiring connections, separate electrical permits shall be obtained as required by the
North Richland Hills Electric Code,
A Certificate of Occupancy Required: No sign permit shall be approved unless a Certificate of Occupancy has
been issued or an application for a Certificate of Occupancy has been filed with the Building Official and said
Certificate of Occupancy is consistent with the proposed tenant.
B, Siqn Permit Application: Applications for sign permits shall be submitted on forms furnished by the Building
Official and comply with the following:
1. The permit application shall be signed by the property owner or his legal agent, and, when the applicant is
any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized
letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement.
2. The applicant shall submit three (3) copies of a site plan which shows the proposed sign in relation to all lot
lines and structures, or its location on the building. The Building Official may require additional information
e from the applicant to determine compliance with these regulations.
3. A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load
and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the
Ord, No, 23~ I 6
e
e
e
Option "8"
City. The current edition of the Uniform Building Code adopted by the City shall apply for the design of any
sign structure. All structural calculations and design drawings are to be signed and sealed by a professional
engineer registered in the State of Texas,
4. The name of the person, firm, corporation or association erecting the sign structure or painting the sign.
5. The site plan shall include the location and sizes of all existing signs, including photos and/or other
pertinent data when requested, which will aid in the determination of the site's conformance with these
regulations.
C. Traffic Enqineer Certification: An applicant for a sign permit may be required to submit a certification from a
qualified traffic engineer that a sign location and structure will not constitute a traffic hazard when:
1. In the opinion of the Building Official the plans and specifications indicate that the sign or sign structure
might interfere with, mislead, or confuse traffic,
2, /n the opinion of the Building Official a ground sign placed on a corner lot may create a potential traffic
hazard.
D. Permit Fees: Permit fees shall be established by separate ordinance approved by the City Council.
8. Contractor Registration
As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of Article 8 within the
corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance with the
requirements of the North Richland Hills Building Code. Each Sign Contractor shall pay an annual fee. Said fee
shall be established by separate ordinance adopted by the City Council.
9. Administration and Enforcement
For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign
regulations contained in Article 8. Any violation of this Article is subject to the provisions of the Penalty Clause
contained in Article 2,
A Notification of Violation: When a ground sign or a building sign is constructed, erected, or maintained in
violation of these regulations, the property owner shall be given written notice to remove or alter the structure
so as to comply with the standards set forth in these regulations within ten (10) days after such notice. If the
permittee or property owner fails to remove or alter the structure so as to comply with the standards set forth
in these regulations within ten (10) days after such notice, such sign or advertising structure may be removed
or altered to comply by the City of North Richland Hills at the expense of the permittee or property owner. The
Building Official may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for
the property on which the sign violation is located if any owner or permittee refuses to pay the costs so
assessed.
B, Unsafe Siqns: The Building Official may require any sign or other advertising structure to be removed
immediately which is unsafe, or poses an immediate risk to the safety of persons or property at the expense of
the property owner.
C, fIleqal Siqns: The Building Official shall be authorized to abate or impound any temporary sign which is in
violation of these regulations abated within twenty-four (24) hours after notice has been given.
OnJ, No, 2341
7
e
e
e
Option "8"
10. Table of Permitted Signs
The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs
shall be allowed or prohibited by these regulations, Signs are listed in accordance with allowable zoning districts
shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas.
RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS
Table of Permitted Signs Regulation
Pennit Section LL
CJ) 0 I- :!: -
(YIN) Number - C\I ~ ~ <0 <XI ,... J: Õ a: 0 ~ g "") ~
a: a: a: a: a: a: a: :!: ..J - C\I
Ao Ground Signs
Major Development Signs y 17 ..... II
Monument Signs (1) (2) (3) Y 15 II . ,. ., . . . 11 .. ... .
Pole Signs (2) (3) (4) Y 14 · .
Subdivision Nameplate Signs y 19 .. II . '. . II · .
New Development Signs y 20 . . · .
Traffic Directional Signs N 21 '. .. .
Bo Building Signs
Canopy Signs y 25 .
Projection Signs y 26 . ..
Roof Signs y 24 ~. ..
Wall Signs (5) y 23 J¡¡ S . , ., . .,.,
C. Temporary Signs
Banner Signs N 32 I ., ~ .' - U ..
-
Construction Trade Signs (6) N 33 .ti.....8. .. . .
Flags (7) N 34 ..,.~. II . ...
Garage Sale Signs N 30 8,.T.. ....
Political Signs (8) N 31 .... . ' .
Portable Signs (9) y 28 .
Real Estate Signs (10) N 29 .... II ..... .
Weekend Advertising Signs y 35 . ... . .. .
I, Monumenl Signs are regulated as being either single-family residential, muhi·family residential, or non.residential,
2, Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships.
3, Signs in the AG district have special size and height limitations, see Section 6,
4, Additional height and sign area are allowed when the Pole Sign is lceated within the Freeway Ovenay Zone.
5 Multi,family allowed one Wan Sign per 51reet frontage,
6 Con51ruction Trade Signs are regulated as either residential or non.residential.
7 Company logo ffags not allowed in AG, AIS, AI, A2, R3. R4D. A6T, A8 & MHI districts.
8, Political Signs are regulated as either AG & °Ro district signs or °AII Other district signs.
9, Portable Signs used as a Political Sign are allowed in the AG . Agricultural zoning district,
10, Aeal Estate Signs are regulated as either residential or non,residential.
Onl, No, 2341
8
Option "8"
e
11. Nonconforming Signs
For purpose of these regulations, this Section shall apply to nonconforming signs. Any sign or advertising
structure which was erected prior to such time as it came within the purview of these regulations, and any
amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to
be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations:
A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or
altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review
Board. Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has
been removed, the sign area and sign height of the replacement sign shall be in accordance with the
provisions of these regulations.
B, A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value,
shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The
Building Official may require the owner of said non-conforming sign to submit two or more independent cost
estimates from established sign companies to repair or renovate the existing non-conforming sign and two
cost estimates from established sign companies to construct a new sign, including its supporting structure,
which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or
deteriorated..
12. Sign Maintenance
e
Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a
state of good repair, safe and secure condition, with all braces, bofts, slips, supporting frame and fastenings free
from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for
which they were originally designed. A person maintaining any sign or sign structure shall keep the ground space
within eight (8) feet measured horizontally from the base of the sign or sign structure free and clear of weeds,
rubbish and other flammable waste materials,
13. Ground Signs
Ground Signs shall be regulated as either Pole Signs, Monument Signs, Major Development Signs, Subdivision
Nameplate Signs, New Development Signs, or Traffic Directional Signs,
14. Pole Signs
The purpose of a Pole Sign is to provide advertising on a freestanding and self-supporting structure which is
attached to the ground surface with uprights or braces to elevate a message area and which has an open space
between the message area and the ground. A Pale Sign is not attached to any building, and does not utilize
another structure for its support. Pole Signs shall comply with the following additional regulations:
A. Permit: A permit shall be required for every Pole Sign.
B. Permitted Districts: Pole Signs shall be allowed in zoning districts shown in Section 9, Table of Permitted
Signs.
e
C. Number Allowed: One (1) Pole Sign per lot shall be allowed for the first three hundred (300) feet of qualified
street frontage. Measurement of street frontage shall be from the intersection of a property line with the street
right-of-way. One (1) additional Pole Sign shall be allowed for each additional three hundred (300) feet of
qualified street frontage, or fraction thereof.
Ord, No, 2341
9
Option "8"
e
D, Maximum Area: A Pole Sign shall not exceed the ratio of one (1) square foot of sign area for each linear foot
of qualified street frontage, and no Pole Sign shall exceed the maximum area of tRfee one hundred fJOOj
(100) square feet, unless the sign qualifies for additional area when it is located within the Freeway Overlay
Zone, Furthermore, the total area of all Pole Signs shall not exceed the ratio of one (1) square foot of sign
area for each linear foot of qualified street frontage.
E. Maximum Heiqht:
1, A Pole Sign shall not exceed the maximum height of twenty-five (25) feet, unless the sign qualifies for
additional height when it is located within the Freeway Overlay Zone.
~. :~QRh~~~~~f:' ~~:'~i€/n ~h~1I not exceeEf one A31f sf the sie:t::1nce from the sign te tAe ne~ree:t 3Gj3cent
.^.G SF uRn i!:eA,eEl property.
:. :~ ~irt ~;,: ~~~: Sign m3Y be inGrc~e;es by 3selin€/ one (1) feat of hei€/ht fer e:lGh :~:~~~~ ::. i: ::
~ f:~ ~ .~~ Ico.lage ~"'~~rty line. ~rovide~. Rowe~er, lRatlRe di.':;;'~~ :~ R~~'d;;;::;;~'= ':ra
~~~~~~t~~::Jcent to /\G or OR zoned property 3re s3tlsfied ::Jnd tho height IJ t e '::; ::~~
~~~i~~~ height eff.ifty (ãQ) roet, unlose: tho e:ign ql:l3lifiee: for ~efdition~1 hei€/ht when it¡~ i~~~d'" h'
F'rccw::JY Overl::JY Zone, ,
F. Siqn Location: All Pole Signs shall be situated within the increment of qualified street frontage used to
calculate the sign area, When a Pole Sign is situated near a property corner, the street frontage used to
calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming
an angle which bisects into equal parts the intersection of the two (2) adjacent property lines (see illustrations
in appendix),
e
G, Spacinq: A Pole Sign shall be a minimum of one hundred (100) feet from another Pole Sign, Monument Sign,
or Major Development Sign situated on the same lot.
H, Lots with Two FrontaQes: When a lot, tract or parcel of land abuts two (2) or more street frontages. a Pole
Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty
(50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as
prescribed herein.
I. Vehicular Protection: Every Pole Sign shall be located within a landscaped area or provided with vehicular
protection using a curb, bollards or similar device unless there is:
1. a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or
2. a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area,
J, Maximum Planter Heiqht: When a Pole Sign is located at a driveway entrance, landscaping plants or planter
boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height.
K, Pole and Monument Siqn Interchanqabilitv: A Pole Sign may be used in lieu of a Monument Sign, except in
residentially zoned areas, provided that all spacing requirements are maintained, Nothing in these regulations
shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the
type of sign used,
e
L. Outdoor Menu Boards: Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously
been approved for a business with drive-thru windows and under the following conditions:
1, Not more than one (1) outdoor menu board shall be allowed per drive-thru window.
2, Display area shall not eXéèed thirty (30) square feet.
3, The outdoor menu board lettering shall not be legible from any street.
Ord, No, 2341 10
Option "8"
e
M, Chanqeable Messaqe Boards: A Pole Sign may contain a changeable message board which utilizes either
electronic or changeable letters. The area of a changeable message board shall be included in calculating the
total sign area,
N, Illumination: A Pole Sign may be illuminated.
15. Monument Signs
The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shall be classified
as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with
the following regulations which are established for the three (3) divisions:
A. General Provisions Applicable to all Monument Siqns:
1. A permit shall be required for every Monument Sign,
2. Monument Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs.
3. When a Monument Sign is situated within an island or a driveway location at the entryway of a
development where a vehicular driving lane is located on one (1) or more sides of the Monument Sign, the
Monument Sign shall be set back a distance of fifteen (15) feet from the right-of-way line or an extension of the
right-of way line from the adjacent lots, The provisions of the Visibility Triangle contained elsewhere in these
regulations shall apply when a Monument Sign is situated on one or both sides of an entryway of a
development.
e
4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign.
B, Sinqle-family Residential Monument Siqns:
1. Number Allowed: Not more than two (2) matching Single-family Residential Monument Signs shall be
allowed at each entrance of a single-family residential subdivision.
2, Maximum Area: A Single-family Residential Monument Sign shall not exceed fifty (50) square feet in area,
3, Maximum Height: A Single-family Residential Monument Sign shall not exceed four (4) feet in height.
4, Illumination: Single-family Residential Monument Signs may be illuminated.
C, Multi-family Residential Monument Siqns:
1, Number Allowed: One (1) Multi-family Residential Monument Sign shall be allowed for each platted lot,
tract or parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way, One (1) additional Multi-
family Residential Monument Sign shall be allowed for each additional three hundred (300) feet of qualified
street frontage, or fraction thereof,
2. Maximum Area: A Multi-family Residential Monument Sign shall not exceed the ratio of one (1) square
foot of sign area for each two (2) feet of qualified street frontage, and no Multi-family Residential Monument
Sign shall exceed the maximum area of one hundred (100) square feet. Furthermore the total area of all
Multi-family Residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each
e two (2) feet of qualified street frontage.
3. Maximum Height: A Multi:family Residential Monument Sign shall not exceed six (6) feet in height.
Onl, No, 2341
II
Option "B"
e
4, Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibifity triangle.
5. Spacing: A Multi-family Residential Monument Sign shall be a minimum of one hundred (100) feet from
another Multi-famify Residential Monument Sign situated on the same lot.
6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7. Illumination: Multi-family Residential Monument Signs may be illuminated,
D, Non-residential Monument SiQns:
1. Number Allowed: One (1) non-residential Monument Sign shall be allowed for each platted lot, tract or
parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional
Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or
fraction thereof.
e
2, Maximum Area: A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign
area for each two (2) feet of qualified street frontage, and no non-residential Monument Sign shall exceed the
maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential
Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified
street frontage.
3. Maximum Height: A non-residential Monument Sign shall not exceed the maximum height of six (6) feet.
4. Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibifity triangle,
5, Spacing: A non-residential Monument Sign shall be a minimum of one hundred (100) feet from another
non-residential Monument Sign, Pole Sign, or Major Development Sign situated on the same lot.
6, Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein,
e
7. Pole and Monument Sign Interchangeablility: A non-residential Monument Sign may be used in lieu of a
Pole Sign, provided that all spacing requirements are maintained, Nothing in these regulations shall be
construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of
sign used,
8, Changeable Message Boards: A non-residential Monument Sign may contain a changeable message
board which utilizes either electronic or changeable letters, The area of a message board shall be included in
calculating the total sign area,
Ord, No, 2341 12
e
e
e
Option "8"
9. Illumination: A non-residential Monument Sign may be illuminated,
16. Signs for Automobile Dealerships
One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty
(150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the
Pole or Monument Sign regulations.
17. Major Development Signs
The purpose of a Major Development Sign is to identify the name of a large retail shopping center which contains
one hundred thousand (100,000) square feet of tloor area or more and to provide signage for tenants located in
the retail shopping center. Major Development Signs shall be allowed on Iv within the Freewav o verla v Zone
and comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Major Development Sign.
8. Permitted Districts: Major Development Signs shall be allowed in zoning districts shown in Section 924, Table
of Permitted Signs,
C. General Criteria: One Major Development Sign shall be allowed when either of the following criteria are
satisfied:
1. On a single platted lot which contains one (1) mUlti-occupancy building having one hundred thousand
(100,000) square feet of tloor area or more, or two (2) or more buildings, with a combined total of one hundred
thousand (100,000) square feet of tloor area, or more; or
2. When an attached multi-occupancy building has a combined total of one hundred thousand (100,000)
square feet of floor area, or more, and is situated on two (2) or more platted lots, A Major Development Sign
may advertise tenants located on any of these two (2) or more platted lots,
B, Considered as Bonus Siqn: A Major Development Sign shall be considered a bonus sign and shall be allowed
in addition to any other sign authorized in these regulations, provided that all spacing requirements are
satisfied.
C, Maximum Number Allowed: Nothing in these provisions shall be construed so as to allow more than one (1)
Major Development Sign for each street frontage per eligible development.
D, Spacinq: A Major Development Sign shall be a minimum of one hundred (100) feet from a Pole Sign or
Monument Sign located on the same lot or on an adjacent lot of the same development.
E. Maximum Area: The Major Development Sign shall not exceed the ratio of 0,005 square feet of sign area for
each square foot of building floor area, No Major Development Sign shall exceed one thousand (1,000)
square feet of sign area.
F. Maximum Heiqht: A Major Development Sign shall not exceed the maximum height of f,/I}' (iO} si;:;five
(65) feet, exce¡;¡t wheA the M3jer De\'cle¡;¡mcmt SigA q~3Ii1ies for 3éditien31 height in thQ Freeway Ov :JY
~,
G, Vehicular Protection: Every Major Development Sign shall be located within a landscaped area or provided
with vehicular protection using a curb, bollards or similar device unless there is:
Ord, No, 2J~ I
13
e
e
e
Option "8"
1. A minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or,
2. A minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area,
H, Maximum Planter Heiqht: When a Major Development Sign is located at a driveway entrance, landscaping
plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty (30) inches in
height.
I. Chanqeable Messaqe Boards: A Major Development Sign may contain a changeable message board which
utilizes either electronic or changeable letters, The area of a changeable message board shall be included in
calculating the total sign area.
J. Illumination: A Major Development Sign may be illuminated,
18. Freeway Overlay Zone
There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the
right-of-way of I. H, Loop 820 and State Highway 121, A Pole Sign or Major Development Sign within the Freeway
Overlay Zone shall comply with the following additional regulations:
A. Maximum Pole Siqn Heiqht: A Pole Sign located within the Freeway Overlay Zone shall not exceed sixty-five
(65) feet in height.
B. Maximum Maior Development Siqn Heiqht: A Major Development Sign located within the Freeway Overlay
Zone shall not exceed sixty-five (65) feet in height.
C, Maximum Pole Siqn Area: The maximum size of a Pole Sign located within the Freeway Overlay Zone shall
be two (2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred
(400) square feet.
19. Subdivision Nameplate Signs
The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision. Subdivision Nameplate
Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Subdivision Nameplate Sign,
B Permitted Districts: Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 824,
Table of Permitted Signs.
C. Location: Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry screening wall.
D, Number Allowed: Not more than two (2) matching Subdivision Nameplate Signs shall be allowed at each
entrance of an "R" district subdivision, or a multi-family development.
E, Maximum Area: A Subdivision Nameplate Sign shall not exceed fifty (50) square feet in area.
F, Maximum Heiqht: A Subdivision Nameplate Sign shall not extend above the fence or wall.
G. Illumination: Subdivision Nameplate Signs may be illuminated.
Ord, No,
14
Option "8"
20. New Development Signs
. The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or
a proposed new commercial development. New Development Signs shall comply with the following additional
regulations:
A. Permit Period: A permit shall be required for each New Development Sign, Permits for such signs shall be
valid for a period of one (1) year, or to the completion of the project, whichever occurs first and must be
removed prior to the expiration of the permit. The permit may be renewed each year upon payment of a new
fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision or until
the issuance of a Certificate of Occupancy by the Building Official.
B, On-site: One (1) New Development Sign shall be allowed on-site of the residential subdivision or on the site
of the commercial project. Additional on-site New Development Signs shall be allowed as follows:
1. One (1) additional New Development Sign shall be allowed on-site on a different street than the initial New
Development Sign when a residential subdivision contains two street intersections which do not intersect on
the same street.
2, One (1) additional New Development Sign shall be allowed on-site of a proposed new commercial project
when the site contains two or more street frontages.
C.
D.
E,
e F.
Off-site: One (1) New Development Sign shall be allowed off-site which may be located in any Commercial,
Industria/, or Office Zoning District, or on unplatted vacant property.
Maximum Heiqht: A New Development Sign shall not exceed fifteen (15) feet in height.
Maximum Area: A New Development Sign shall not exceed one-hundred (100) square feet in area.
Illumination: A New Development Sign may be illuminated,
21. Traffic Directional Signs
The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by
identifying the vehicle entrance or exit. Traffic Directional Signs shall comply with the following additional
regulations:
A. A permit shall not be required for a Traffic Directional Sign.
B, Traffic Directional Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs.
C, One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a
traffic hazard,
D. A Traffic Directional Sign shall not exceed two (2) square feet in area. However, a Traffic Directional Sign
located behind a building set-back line shall not exceed six (6) square feet in area.
E. Traffic Directional Signs may pertain to either vehicular or pedestrian traffic.
F, Traffic Directional Signs may include a company name and logo.
e
G. A Traffic Directional Sign may be illuminated.
Ord, No,
15
Option "8"
e
22. Building Signs
Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projection Signs.
23. Wall Signs
The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure, For the
purpose of these regulations, a sign attached to a mansard roof which has a 1: 1 slope, or more, shall be
regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning-
like structure and does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is
attached shall be regulated as a Wall Sign, Wall Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Wall Sign, A separate permit shall be required for any
awning,
B. Permitted Districts: Wall Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted
Signs.
C, Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs
on each wall surface shall not exceed twenty-five (25) percent of the total wall area, For purposes of these
regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a
multi-occupancy structure.
e
D. Multi-family Developments: Wall Signs for multi-family developments are limited to one (1) Wall Sign for each
street frontage and a maximum area of fifty (50) square feet.
E. Maximum Projection: A Wall Sign shall not project more than eighteen (18") inches from the surface upon
which it is attached, However, the upper edge of a Wall Sign mounted on a mansard roof may project more
than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the
apparent roof line of the building.
F No Projection Above Roof line: Except for signs attached to a mansard roof, all Wall Signs shall be placed flat
against the wall of a building and shall not project above the parapet wall, the apparent flat roof, eaves line of
the building, or extend beyond the side wall of the building.
G, Illumination: A Wall Sign may be illuminated.
24. Roof Signs
The purpose of a Roof Sign is to provide advertising on the roof area of a structure, A Sign attached to a
mansard roof which has less than a 1: 1 slope shall be regulated as a Roof Sign. Roof Signs shall comply with
the following additional regulations:
A. A permit shall be required for every Roof Sign.
B, Roof Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, One (1) Roof Sign shall be allowed for each lot. However, no lot shall have a Roof Sign in combination with a
Wall Sign, Canopy Sign or Projection Sign.
e
D, A Roof Sign shall not project horizontally over the edge of the roof or eaves and the lower edge of a Roof Sign
shall not exceed eighteen (18) inches above the apparent flat roof line,
E, A Roof Sign shall not exceed fifty (50) square feet in area,
Ord, No, 16
Option "8"
e
F, The height of a Roof Sign shall not exceed ten (10) feet above the apparent flat roof or eaves fine,
G. A Roof Sign may be illuminated,
25. Canopy Signs
The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these
regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall
surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign. Canopy Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Canopy Sign. A separate building permit shall be required for the
construction of the canopy,
8, Canopy Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted.
C, A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy.
0, A Canopy Sign shall not extend beyond the width or project above the top of the canopy.
E, A Canopy Sign may be illuminated.
e
F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy,
nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular
maneuvering area.
G. When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be
allowed and are exempt from any permit requirements, However, such signs shall not exceed four (4) square
feet in area,
26. Projection Signs
A Projection Sign is a sign in which the message area is perpendicular to the wall of the building. Projection Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Projection Sign,
8, Projection Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, One (1) Projection Sign shall be allowed for each single tenant buifding or for each tenant in a multi-occupancy
structure. However, no tenant storefront shall have a Projection Sign in combination with a Wall Sign, Roof
Sign, or Canopy Sign.
O. A Projection Sign shall not exceed twenty-five (25) 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.
E. Projection Signs shall not project over any property line or right-of-way line.
F. A Projection Sign shall not project more than four (4) feet from any wall facing and shall not extend above the
e apparent roof fine of the building,
G. Every Projection Sign shall bé a minimum of eight (8) feet above the grade over a walking area or fourteen
(14) feet over a vehicular maneuvering area
Ord. No,
17
e
D.
E.
F,
e
G,
H,
I.
J,
K.
L,
M.
e
Ord, No,
Option "B"
H, A Projection Sign may be illuminated.
27. Temporary Signs
Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political
Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs.
28. Portable Signs
A. A permit shall be required for every Portable Sign.
B. Portable Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C. A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the
premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of
Occupancy has been previously issued by the Building Official.
The Portable Sign structure must be removed from the premises upon expiration of the permit. Removal of
the letters from the sign board does not constitute removal of the sign.
A Portable Sign shall not be displayed for more than thirty (30) consecutive days.
No more than three (3) portable sign permits per year shall be issued to a business, Consecutive permitting
shall be prohibited. There shall be a forty-five (45) day period between permitting. A Portable Sign erected in
conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph.
A Portable Sign shall not exceed fifty (50) square feet in area.
A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard,
A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required
loading zone.
A Portable Sign shall not be placed in any location that blocks the view of any ground sign.
A Portable Sign shall be a minimum of one, hundred (100) feet from another Portable Sign situated on the
same lot.
A Portable Sign may advertise one or more businesses located on the same lot.
A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which
shall be the same information as shown on the Contractor Registration on file with the City. Any sign not
containing current information shall be declared an illegal sign.
N. Portable Siqns for Civic And Reliqious Orqanizations: Two Portable Signs advertising events of public
sChools,-private schools, non-profit civic organizations and religious organizations shall be allowed upon
approval of a permit. Such permit shall be at no cost.
18
Option "8"
29. Real Estate Signs
. The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings considered as
real property. Real Estate Signs shall be classified as either residential or non-residential. Every Real Estate Sign
shall comply with the following additional regulations:
A. General Provisions Applicable to all Real Estate Siqns:
1. A permit shall not be required for a Real Estate Sign.
2. Real Estate Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
3, Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the
property advertised.
B. Residential Real Estate Siqns: One (1) Residential Real Estate Sign shall be allowed for each street frontage
in a residential zoning district, subject to the following regulations:
1. The Residential Real Estate Sign shall be placed on the property offered for sale or rental.
2. The primary area of the Residential Real Estate Sign shall not exceed six (6) square feet, exclusive of the
pole. The Real Estate Sign shall have no more than six (6) ·sign riders".
3, No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height.
4. A Residential Real Estate Sign shall be not be illuminated.
e
5. In addition to a Residential Real Estate Sign, one (1) ·Open House" and one (1) ·Model Home" sign shall
be allowed on the property offered. The size and area shall not exceed that of a Residential Construction
Trade Sign,
6. "Open House" signs and ·Model Home" signs displayed off-premises shall be allowed when the advertiser
and the sign conforms to the regulations for Weekend Advertising Signs contained in this Article.
C. Non-residential Real Estate SiQns: One (1) Non-residential Real Estate Sign shall be allowed for each street
frontage on any multi-family or nonresidential commercial property, and shall comply with the following
additional regulations:
1. The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental.
2, A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area.
3, A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height.
4. A Non-residential Real Estate Sign shall not be illuminated,
5. A Non-residential Real Estate Sign shall be a minimum of twenty (20) feet behind any curb or edge of
pavement.
6. In addition to a Non-residential Real Estate Sign, one (1) ·Open House" sign shall be allowed on the
property offered, The size and area shall not exceed that of a Non-residential Real Estate Sign.
e
7. ·Open House" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to
the regulations for Weekend Advertising Signs contained in this Article.
Ord, No,
19
30. Garage Sale Signs
Option "S"
e A.
S,
C.
D.
E.
F,
G,
A permit shall not be required for any Garage Safe Sign,
Garage Sale Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs when in
conjunction with an approved garage sale permit.
Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in
conjunction with an approved garage sale permit at a place of residence,
Garage Sale Signs shall be located on private property only, Garage Sale Signs shall not be allowed on any
public property, right-of-way, or utility, light, traffic signal or sign pole,
Garage Sale Signs shall not exceed six (6) square feet in area,
Garage Sale Signs shall not exceed three (3) feet in height.
Garage Sale Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be
removed within twenty-four (24) hours following the end of the sale.
H. Garage Sale Signs shall not be illuminated.
31. Political Signs
e
The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue
being considered for public referendum, Political Signs shall comply with the following additional regulations:
A. No permit shall be required for any Political Sign.
S, Political Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, Political signs shall not be located on any utility, light, traffic signal or sign pole.
D, Political signs shall be allowed for a period of thirty (30) days prior to local or county elections, sixty (60) days
prior to a state election and ninety (90) days prior to a national election. All political signs shall be removed no
later than seven (7) days after the election or after the termination of candidacy, whichever occurs first.
E, AG and "R" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not
exceed three (3) feet above grade in the AG and all"R" zoning districts.
F, All Other Districts Political Signs shall not exceed fifty (50) square feet in area and the height shall not
exceed six (6) feet above grade in all zoning districts except in the AG and all "R" districts.
G, Political Signs shall not be located so as to cause a safety or traffic hazard,
H. A Political Sign shall not be illuminated.
32. Banner Signs
e
The purpose of a Sanner Sign is to supplement permanent advertising with temporary advertising messages.
Sanner Signs shall comply with the following additional regulations:
A. A permit shall not be required for a Sanner Sign.
On!. No,
20
B.
e c,
D.
E.
F.
G,
H.
e
Option "8"
Banner Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi.
occupancy structure.
A Banner Sign shall not exceed fifty (50) square feet in area,
Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or
eaves line,
Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads in accordance with the Uniform Building Code,
A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days.
In conjunction with the Grand Opening Signage provisions of this Article, one additional oversized banner shall
be allowed on the front or side of a building structure for each street frontage of a business holding a
Certificate of Occupancy. The maximum size of the additional banner(s) shall not exceed twenty-five (25)
percent of the wall area on which the banner is attached and may be displayed for a period of thirty (30) days.
I. Developments with a parking lot containing more than sixty-five thousand (65,000) square feet may erect color
coded banners for the purpose of aiding patrons in locating their parked vehicles. Such banners shall be
located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty-
five thousand (65,000) square feet of parking area. Such banners shall be entitled to have a logo or symbol
identifying the establishment. The total size of each such color coded banner shall not exceed thirty-six (36)
square feet and the banner shall not be less than three (3) feet in width nor more than twelve (12) feet in
length or greater than twenty (20) percent of the surface height of the pole to which it is to be attached.
33. Construction Trade Signs
The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction
companies working at a construction site. For purposes of these regulations, a sign which advertises the financial
lending institution shall be considered a Construction Trade Sign. Construction Trade Signs shall be regulated as
either Residential Construction Trade Signs or Non-residential Construction Trade Signs.
A. No permit shall be required for any Construction Trade Sign.
B. Construction Trade Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, Residential Construction Trade Signs shall comply with the following:
1. Residential Construction Trade Signs shall only be allowed in residential zoning districts.
2. Residential Construction Trade Signs shall not exceed six (6) square feet in area.
3, Residential Construction Trade Signs shall not exceed three (3) feet in overall height.
4. The signs shall be placed on the property where building activity is taking place.
5. A Residential Construction Trade Sign shall not be illuminated.
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy.
0, Non-residential Construction Trade Signs shall comply with the following:
1. Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts.
2. Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area.
3. Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height.
4. The signs shall be placed on the property where building activity is taking place.
5, A Non-residential Construction Trade Sign shall not be illuminated,
Ord. No, 21
e
Option "8"
e
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy,
34. Flags
Flags shall comply with the following additional regulations:
A. A permit shall not be required for any Flag. A permit shall be required for a flag pole which exceeds twenty
(20) feet in height above the ground,
8. United States and State Flags shall be allowed in all zoning districts.
C. Company logo flags shall be allowed in all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T,
and R-8 districts.
D. Company logo flags shall not exceed one hundred (100) square feet in area, and if flown in conjunction with
United States and Texas Flags, shall not exceed area of United States and Texas flags.
E. Maximum Height A flag shall not be flown at a height which exceeds the following:
1. Twenty (20) feet in the R-7 -MF zoning district.
2, Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-0, R-1-S, R-6-T, and R-B zoning districts.
35. Weekend Advertising Sign
e
The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential
properties in North Richland Hills.
A. Registration A builder, developer, or Realtor must be registered with the City of North Richland Hills to be
eligible to participate as a weekend advertiser. The annual fee shall be paid and/or renewed during the month
of January each year.
8. Schedule Signs shall be allowed between 12:00 p,m. Friday and 12:00 p.m. Monday. A holiday falling on
Friday or Monday will be considered as part of the weekend.
0, Spacing of Signs Signs for one advertiser shall be at least two hundred (200) feet apart.
C. Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three (3) feet above grade.
E. Sign Location Individual sign locations shall adhere to the following criteria.
1. It shall be the responsibility of the builder, owner, or Realtor to secure permission of the adjacent property
owner for placement of the signs on private property. This policy does not grant unlimited access and use of
the City right-of-way.
2. Signs may be placed in street right-of-way, but no closer than three (3) feet from the edge of the sign to the
street curb or edge of pavement. Signs shall not encroach either the sidewalk or the street.
3. No sign shall be placed in a visibility sight triangle as defined in this Ordinance.
e
4, Signs shall not be located within a street median.
F. Sign Construction and Criteria Signs shall be rigid, two dimensional displays that advertise residential
property, "For Sale, Lease or Open House", guiding the public to a specific location in North Richland Hills.
Ord, No,
22
Option "8"
e
36. Grand Opening Signage
The purpose of Grand Opening Signage is intended to allow a new business, or a business which has
substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually
allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is
allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, R-7-MF, R-8, and
the U Districts. The following regulations contained within this subsection apply to Grand Opening Signage.
A. Upon the issuance of a Certificate of Occupancy and within a 180 calendar day period thereafter, a business
shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection
when one of the following conditions applies:
1. When the Certificate of Occupancy has been issued to a new business, which may not be of the same
business classification type listed in Section 310, Table of land Uses, which existed previously for the same
address location, unless the prior business has been closed for a thirty (30) day period, or longer, or
2. When a Certificate of Occupancy has been issued to an existing business, which has 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,
B. Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period
of thirty (30) consecutive calendar days. The Grand Opening Sign age permit is limited to the address noted
on the Certificate of Occupancy and shall comply with the following requirements:
e
1. Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs &
balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the
provisions of Article 9, Sign Regulations, Ordinance 1874, as amended.
2, A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section
986 C of this Article.
3, Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section
978 of this Article.
4, Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section
986 E of this Article.
5. Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions
of Section 986 D of this Article.
6. One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of
Section 970 of this Article.
7. Grand Opening signage shall be contained within the limits of the property of the legal business on which a
Certificate of Occupancy has been issued and shall not extend into the City right-of-way. Signage shall not be
located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated
signs or electrical fixtures.
8. No permit fee shall be required for a Grand Opening Signage Permit.
e
C. SearchliQhts: Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision
contained in these regulations. A searchlight may be used provided the following regulations are satisfied:
Ord, No,
23
Option "8"
e
1. Any searchlight shall be located on private property of the premises and not on any public right-of-way.
The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of
thirty (30) degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises shall not exceed a total of one
thousand six hundred (1600) million foot candlepower. No more than four (4) beams of light may be projected
from any premises.
3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed
at any portion of the traveled ways or adjoining property. No light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle.
4. No searchlight may be operated between the hours of 11 :00 p. m. and 7:00 a. m.
D. Inflatable SiQns and Balloons: Inflatable Signs and Balloons, including lighter-than-air balloons connected
with a tether, shall be allowed only in conjunction with the Grand Opening Sign age provision contained in
these regulations. Inflatable Signs and Balloons may be used provided the following regulations are satisfied:
1. Not more than one Inflatable Sign or Balloon shall be allowed on any premises.
2. Inflatable Signs and Balloons when placed on a buifding may not exceed twenty-five (25) feet in height
above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering.
3. Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five (25) feet in height
above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering.
e
4, Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum
distance equal to the height of the balloon.
5. Inflatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire.
6, Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner
to withstand wind loads,
E, Pennants: Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions
contained in these regulations, Pennants may be used provided the following regulations are satisfied:
1. All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire
lane,
2. All Pennants shall maintain five (5) feet of clearance from any overhead electrical wire.
3. All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads,
4. Pennants shall not be attached to any utility or traffic control device pole located within a right-of-way or
project into a street right-of-way,
37. Sign Review Board
e
A. Creation: There is hereby created a Sign Review Board con siting of five members and two alternates, each to
be appointed by a majority of the City Council for a term of two years and removable for cause by the
appointing authority on a written charge after a public hearing. It is the declared policy of the City Councif that
it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge
of the community, independent judgment, and availability to prepare for and attend meetings. For the purpose
of this Ordinance the North Richland Hills Zoning Board of Adjustment shall serve as the Sign Review Board.
~,~, ~
Option "8"
e
B. Terms of Office: The members shall serve for a period of two years and until their successors are duly
appointed. Qualified Board members may be appointed to succeed themselves.
C, Vacancy: Vacancies shall be filled for unexpired terms, A vacancy in a term of office shall occur whenever
the City Council finds that member has resigned, has not maintained the qualifications required for
appointment or has been removed by City Council for cause,
D. Orqanization: The Board shall elect a chairman from among its members to preside at meetings. Such
chairman, or in his absence an acting chairman elected from among the members, may administer oaths and
compel the attendance of witnesses, The Board shall designate the time and place of its meetings, The
Board shall adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with
this Ordinance or inconsistent with the statutes of the State of Texas, All meetings of the Board shall be open
to the public,
E. MeetinQS and Quorum: Four members of the Board shall constitute a quorum for the conduct of business.
The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve
without compensation. Minutes shall be kept showing the vote of each member on each question or the
absence or failure of each member to vote, Such proceedings shall be a public record and shall be retained
for at least five years,
F. Jurisdiction: The Sign Review Board shall have the right to inspect premises where required in the discharge
of their responsibilities under this ordinance, The Sign Review Board, in specific cases, may authorize or order
the following:
e
1, Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement,
decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall
establish firm guidelines for future administrative actions on like matters,
2, Permits for Nonconformities: To authorize a building permit for the reconstruction, extension, or
enlargement of a non-conforming sign,
3, Discontinuance of nonconformities: To require discontinuance of non-conforming sign under the authority
provided in the Texas Local Government Code,
4, Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as
will not be contrary to the public interest and where, because of special conditions, the enforcement of the
Ordinance would result in an unnecessary hardship.
G, Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a
certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or
Board of the City affected by a decision of the City Enforcement Officer, Such appeal shall be taken within
fifteen (15) days time after the decision has been rendered, by filing with the Enforcement Officer a notice of
appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all papers
constituting the record upon which the action being appealed was taken,
H, Application: Before any request for an interpretation or a variance from this Ordinance will be heard by the
Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon
the forms prescribed by the City of North Richland Hills, Such application shall included, but is not limited to,
the following:
e
1, the name, address, and phone numbers of the property;
2, the name, address, and phone numbers of the owner's agent, if applicable;
3, the legal description of the property;
4. a brief description of the vàriance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property.
Orú ,\;(), 25
Option "8"
e
The applicant must provide proof of ownership of the property, or a letter from the owner of the property
granting the applicant permission to request the variance.
I.
Fees: Every application for a variance shall be accompanied by a filing fee as follows: Residential $100.00
and Non-residential $175.00.
J. Stay of Proceedine:¡s: An appeal shall stay all proceedings of the action appealed from unless the City
Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board that a stay
would, in the opinion of the City Enforcement Officer, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or by a court of record.
K. Form of Appeal or Application: An appeal or application shall be in such form and contain such information as
the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An
incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board
and shall not be reviewed or scheduled for hearings until brought to completion.
L. Notice of Hearine:¡: Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property shall be sent to all owners of real property
lying within two hundred feet of any property on which the variance is requested, The notice of hearing shall
be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such
notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before
the date set for a hearing before the Sign Review Board. Notice of hearing shall also be given by publication
in the official newspaper of the city at least ten days before the date before the date set for a hearing before
the Sign Review Board. Such notice shall state the time and place of such hearing, and the nature of the
subject to be considered.
e M. HearinQ:
1, Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence
supporting the granting or denial of an appeal shall be submitted only through the City Enforcement Officer or
to the Board in public meeting,
2. Any appeal or application may be withdrawn upon written notice to the City Enforcement Officer.
3. The Board shall make its decision on any application within forty-five days from the time the initial hearing
is held or the application will be deemed to have been denied,
N, Decision and Votine:¡:
1, Every decision of the Board shall be based upon findings of fact and every finding of fact shall be
supported in the record of proceedings, The Board may act only in matters as specifically authorized by
theses regulations and these regulations shall be construed as limitations on the power of the Board to act.
2. Nothing herein contained shall be construed to empower the Board to change the terms of these
regulations, or to effect changes in the zoning districts, The powers of the Board shall be so applied that the
terms of these regulations will be strictly enforced.
-
3, The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement,
decision or determination of the City Enforcement Officer; to approve any variance th3t the Board is
empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or
lot.
4. A member shaff disqualify himself from voting whenever he has a personal or monetary interest in the
property under appeal, or will be directly affected by the decision of the Board.
Ord, No,
26
Option "8"
e
5. A member may disqualify himself from voting whenever any applicant, or his agent, has sought to
influence the member's vote on the appeal other than in the public hearing,
6. The decision of the Board shall be final.
O. Approval of Request:
1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in
connection therewith in order to secure substantially the objectives of the regulation or provision to which such
variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in
which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that
conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction
permits within sixty days after the Board's decision unless a greater time is requested in the application and is
authorized by the Board. Any approval may be granted one emergency extension of sixty days on written
request filed with the Board before expiration of the original approval. Failure of the applicant to apply for
occupancy of construction permits within the authorized time period shall void the right to secure such permits
except upon the filing of a new application or appeal.
P. Denial of Request: No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds:
e
1. That new plans materially change the nature of the request, or
2, The permitted development of other nearby property in the same zone has been substantially altered or
changed by a ruling of the Board so as to support an allegation of changed conditions.
II.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any
III.
Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he shall, when
necessary, give notice to the person responsible to cease such violations forthwith.
B. Written notice may be delivered in person or by mail to a violator or to any person in charge of property where
a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcement Officer or
his deputy. Either notice shall be effective.
C. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum
requirements adopted for the promotion of public health, safety, morals and general welfare.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher
e standards as determined by the City Enforcement Officer shall govern.
Ord, No,
27
Option "8"
e
IV.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty ofa misdemeanor,
and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense, Each
day such violation continues to exist shall constitute a separate offense,
V.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
VI.
Effective Date
This ordinance shall be in full force and effect from and after its passage.
e
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF SEPTEMBER. 1998.
Mayor Charles Scoma
City of North Rich/and Hills, Texas
ATTEST:
City Secretary
City of North Rich/and Hills, Texas
Af'fROVED A2 TO CONTENT:
~ -5 (~ ße<----
Departmen Head
APPROVED AS TO FORM AND LEGALITY:
e Attorney for the City
Ord, No,
28
e
e
e
I
..
Option "C"
ORDINANCE NO. 2341
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING
SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS
ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter;
and
WHEREAS, the City Council has determined that the regulation of advertising signs is necessary
to adequately protect the public health, safety, and promote the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
I.
The following sign regulations shall be the minimum standards for development within the
corporate limits of the City of North Rich/and Hills, Texas:
SIGN REGULATIONS
1. Purpose
The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare
of the City of North Richland Hills by facilitating easy and pleasant communication between people and their
environment. These regulations contain standards intended to avoid visual clutter which is potentially harmful to
traffic and pedestrian safety, property values, business opportunities, and community appearance. These
regulations govern the use, size, location, construction and maintenance of signs. It is the purpose of these
regulations to protect property values within the City of North Richland Hills, to enhance the beauty of the City, and
to protect the general public from damage and injury which may be caused by the unregulated construction of
signs, Pursuant to these purposes, it is the intent of this Article to authorize the use of signs 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;
0, Legible in the circumstances in which they are seen.
Ord, No, 2341
Option "C"
2. General Provisions
e
The following general provisions shall be applicable to all signs erected within the corporate limits of the City of
North Richland Hills, Where a contlict may exist between a general provision and a specific regulation, the specific
regulation shall have priority over the general provision.
A. Compliance Required No person shall erect, alter, or add to a sign, or sign structure, unless said sign
conforms to the provisions contained in this Article.
B, Siqn Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face.
However, 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. Construction Standards The construction of all signs shall comply with the structural requirements of the
North Rich/and Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by
the City of North Richland Hills, The design of sign supports and structures shall be compatible with and in
harmony with the surrounding buildings and structures, Any electrical installations shall comply with the North
Richland Hills Electrical Code.
D, Enqineerinq Requirements Where required, the construction plans shall be signed and sealed by a
professional engineer registered in the State of Texas.
E. Interference With Safety Provisions No sign shall be erected in such a manner that any portion of its surface
or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct
any required ventilator or door stairway.
e
F. Minimum Street Frontaqe A minimum of fifty (50) feet of qualified street frontage shall be required to erect a
Ground Sign,
G. Encroachment A sign shall not be constructed within or project over any property line, right-of-way line, public
drainage easement, public or private utility easement without an encroachment letter which has been
approved by the Public Works Department, unless a specific provision allowing such encroachment is
contained in these regulations.
H. Pedestrian Clearance No sign may project more than six (6) inches from the face of a building where general
public access is provided 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,
I. Off-premises Advertisinq All signs shall identify the business or enterprise by name and address only or
products sold or used on premises. Off-premises advertising shall be prohibited, unless provisions for such
signs are contained in these regulations.
J, Memorial and Historical Siqns The City Council or City Manager may authorize special permits, on such
terms as deemed appropriate, for signs and markers denoting properties or buildings which may have
historical or memorial significance to the community,
K. Community Special Events The City Council, or City Manager may authorize signs to advertise patriotic,
special events or special projects of general public interest taking place within the boundaries of the City.
e
L. Drivewav Visibility Trianqles for Commercial Properties 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 a-nd connecting these points with an imaginary line, thereby making a triangle.
Within this triangle, vision shall be clear at elevations between thirty (30) inches and nine (9) feet above the
Ord, No, 2341 2
Option "C"
e
average curb grade, Where a driveway intersects with a one-way street, a visibility triangle is only required on
the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise,
M. Vehicle Advertisinq Vehicles which display signage shall comply with the following:
1. Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed.
No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted
signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-up truck,
2. Banners, or signs made of cloth or other light materials, secured with rubber, rope, string, tape, or other
similar adhesives shall be prohibited as vehicle advertising,
3. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these
regulations shall be prohibited,
4. All vehicles which have signs or advertising shall be in working order and shall be in compliance with all
applicable vehicle safety laws when signs are in place. All such vehicles shall have current registration and
inspection stickers and shall be regularly used for transportation purposes.
e
N. Liqhtinq Where provided for in theses regulations, certain signs may be illuminated. Illumination may be
either internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities
shall require separate electrical permits and shall be installed in accordance with the North Richland Hills
Electrical Code, Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or
create a traffic hazard on a street. When the Building Official has determined necessary, illuminated signs
situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare.
3. Signs Exempt From These Regulations
The following signs shall be exempt from regulation under this Ordinance:
A A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including
historical signs and markers placed by a city, county, state or national historical preservation organization and
official vehicle inspection station signs,
B. A sign located inside a building and which is not displayed so as to be visible from outside the building. Signs
located within a covered mall building shall comply with the North Richland Hills Building Code and the North
Richland Hills Electrical Code,
C. A sign located within a building, that is not legible beyond the lot line on which such sign is located. These
generally include credit card decals, hours of operation signs, emergency contact information, etc.
D, Works of art, including barber poles attached to a building, that do not include a commercial message,
E. Holiday lights and decorations.
F,
G,
H,
e I.
Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs.
"No Parking" or "Towing" signs authorized by City Ordinance,
"No Dumping Allowed" signs posted to deter illegal dumping.
Telephone and other underground utility warning signs not exceeding one (1) square foot in size and other
safety signs.
Ord, No, 2341
3
e
e
e
Option "C"
J, Temporary Signs which are painted on glass surfaces of windows or doors and pertaining to the lawful
business conducted therein,
K. A sign within or on railway property and placed or maintained in reference to the operation of such railway.
L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet.
4. Signs Prohibited
A. Rotatinq and Flashinq Siqns: Revolving, rotating, flashing, or blinking beams or beacons of light shall be
prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental
agency, Flashing or blinking lights which are incorporated into an electronic message board shall be allowed
and are regulated elsewhere in these regulations,
B, Siqns on Public Property: Private signs shall be prohibited upon public property unless authorized by the City,
other appropriate governmental authorities, or as provided by these regulations,
C. Siqns Attached to Utility Poles: Signs attached to light poles, utility poles, traffic control poles and trees,
except for "Posted-No Trespassing" signs shall be prohibited.
D. Park Bench Siqns: Park bench signs and billboard signs shall be prohibited.
E Search Liqhts and Balloons: Search lights and inflatable balloons shall be prohibited, except when approved
as a Grand Opening Permit as regulated in these regulations.
F, Obnoxious Siqns Exploitinq Sex Prohibited:
1. Visual Depiction of Sexual Areas of Human Form Prohibited: No sign, including any temporary sign, which
depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any
portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or
adjacent to any building where it is visible from a public street or from an adjacent building or premises.
2, Use of Words Connoting Erotic Entertainment Prohibited: No sign, including any temporary sign, which
advertises any "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed
upon or adjacent to any building where it is visible from a public street or from an adjacent building or
premises, The words "adult entertainment" or "adult shows" shall be permissible.
3, Display of Offensive Signs a Public Nuisance: Any sign which is in violation of this subsection shall be
declared a public nuisance.
G, Activities Specificallv Prohibited: The following types of signs or activities are specifically prohibited as
advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the
corporate limits of the City of North Richland Hills:
1. Bungee Jumping
2, Animal rides
3. Street vendors or hawkers
4. Helicopter or airplane rides
5. Hot air balloon rides
Ord, No, 2341
4
Option "C"
5. Definitions
e
All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the
Webster's New Collegiate Dictionary, unless specifically defined in this Section. For purposes of these
regulations, certain terms herein are defined as follows:
A. Banner Siqn: A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with
or without frames,
B. Billboard Siqn: An outdoor advertising structure which advertises a use, product, or service not necessarily found
on the premises.
C, Buildinq Siqn: A sign which has its main supporting structure depending on a building for support.
D. Canopy Siqn: A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or
metal, which projects from the wall of a building or overhangs a public way, A Canopy Sign may also be attached
to a free-standing structure, such as over a gas pump island.
E. Enforcement Officer: The administrative official charged with responsibility of enforcing the Zoning Ordinance.
F. Flaq: A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal,
or an emblem.
G. Ground Siqn: A sign which has its main supporting structure depending on the ground for attachment.
H. Illumination: For the purposes of these regulations the term illumination shall be defined as follows:
e
1, "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the
sign visible at night by means of the light being transmitted through a translucent material but wherein the source
of the illumination is not visible,
2, "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing
letter) which makes the sign visible at night by means of lighting the background upon which the free-standing
character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background.
The source of the illumination shall not be visible.
3. "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, but
designed specifically to illuminate the sign, but which itself is not visible to persons viewing the sign from any
normal position of view,
I. Lot: Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this
Ordinance, and usually having its principal frontage upon a street or upon an officially approved place.
J. Lot Width - The minimum width of a lot measured at the front building line or chord length when the front of the lot
is curved
K. Monument Siqn - A permanent ground sign generally constructed out of brick, stone or cast concrete material
supported on concrete foundation across the entire base of the structure and which may have an open space
between the bottom of the sign and the ground which does not exceed one (1) foot.
L Roof Siqn - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof
structure, and usually extending vertically above the highest portion of the roof.
-
M, Siqht Trianqle - An area of unobstructed visibility on either corner of a street and/or driveway of at least twenty-
five feet in any direction.
Ord, No, 2341
5
Option "C"
N. Siqn - A displayed structure bearing lettering or symbols, generally used to identify or advertise a place of
e business, product or service located or offered on the premises,
0, Siqn Area - The total area within the extreme perimeter of the attraction area intended to draw attention to the
sign, Supporting structures shall not be included in calculations, except for Monument Signs,
P. Siqn Heiqht - The vertical distance measured from ground level to the top of the sign, measured at its highest point
above ground level. For purposes of measurement, the average surrounding ground area shall be considered the
ground level from which the height will be determined for compliance with applicable regulations,
a. Siqn Rider - An attachment to a real estate sign "detailing" certain features of the property, such as "Four
Bedroom," "Pool," "Game Room," or the agents name.
R. Temporary Siqn - A sign intended to be displayed for a short period of time only,
S. Traffic Directional Siqn - Any sign used only to control and direct traffic into or on private property, e,g" "ENTER"
or "EXIT'.
T. Wall Siqn - A sign painted on or attached to the wall surface of a building.
u. Wall Surface - The general outer surface of any main exterior wall of the building or structure not including
cornices, bay windows, or other ornamental trim.
6. Agricultural Zone Signs
e
In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof,
projecting or wall signs, except monument signs, in accordance with these regulations with exception that such
signs shall not exceed a total of one hundred (100) square feet in area and shall not exceed fifteen (15) feet in
height.
7. Sign Permit Required
No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign
structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is
specifically provided herein. No permit shall be issued until the Building Official determines that the proposed sign
is in conformance with these and any other applicable regulations. Where signs are illuminated by electric lighting
which requires permanent wiring connections, separate electrical permits shall be obtained as required by the
North Richland Hills Electric Code.
A. Certificate of Occupancy Required: No sign permit shall be approved unless a Certificate of Occupancy has
been issued or an application for a Certificate of Occupancy has been filed with the Building Official and said
Certificate of Occupancy is consistent with the proposed tenant.
B. Siqn Permit Application: Applications for sign permits shall be submitted on forms furnished by the Building
Official and comply with the following:
1, The permit application shall be signed by the property owner or his legal agent, and, when the applicant is
any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized
letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement.
-
2, The applicant shall submit three (3) copies of a site plan which shows the proposed sign in relation to all lot
lines and structures, or its location on the building. The Building Official may require additional information
from the applicant to determine compliance with these regulations.
3. A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load
and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the
Ord, No, 2341 6
e
e
e
Option "C"
City, The current edition of the Uniform Building Code adopted by the City shall apply for the design of any
sign structure, All structural calculations and design drawings are to be signed and sealed by a professional
engineer registered in the State of Texas,
4. The name of the person, firm, corporation or association erecting the sign structure or painting the sign,
5, The site plan shall include the location and sizes of all existing signs, including photos and/or other
pertinent data when requested, which will aid in the determination of the site's conformance with these
regulations,
C. Traffic Enqineer Certification: An applicant for a sign permit may be required to submit a certification from a
qualified traffic engineer that a sign location and structure will not constitute a traffic hazard when:
1. In the opinion of the Building Official the plans and specifications indicate that the sign or sign structure
might interfere with, mislead, or confuse traffic.
2, In the opinion of the Building Official a ground sign placed on a corner lot may create a potential traffic
hazard.
0, Permit Fees: Permit fees shall be established by separate ordinance approved by the City Council.
8. Contractor Registration
As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of Article 8 within the
corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance with the
requirements of the North Richland Hills Building Code. Each Sign Contractor shall pay an annual fee. Said fee
shall be established by separate ordinance adopted by the City Council.
9. Administration and Enforcement
For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign
regulations contained in Article 8, Any violation of this Article is subject to the provisions of the Penalty Clause
contained in Article 2.
A. Notification of Violation: When a ground sign or a building sign is constructed, erected, or maintained in
violation of these regulations, the property owner shall be given written notice to remove or alter the structure
so as to comply with the standards set forth in these regulations within ten (10) days after such notice, If the
permittee or property owner fails to remove or alter the structure so as to comply with the standards set forth
in these regulations within ten (10) days after such notice, such sign or advertising structure may be removed
or altered to comply by the City of North Richland Hills at the expense of the permittee or property owner. The
Building Official may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for
the property on which the sign violation is located if any owner or permittee refuses to pay the costs so
assessed,
B, Unsafe Siqns: The Building Official may require any sign or other advertising structure to be removed
immediately which is unsafe, or poses an immediate risk to the safety of persons or property at the expense of
the property owner,
C. IIIeqal Siqns: The Building Official shall be authorized to abate or impound any temporary sign which is in
violation of these regulations abated within twenty-four (24) hours after notice has been given.
Ord, No, 2341
7
e
10. Table of Permitted Signs
Option "C"
The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs
shall be allowed or prohibited by these regulations, Signs are listed in accordance with allowable zoning districts
shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas.
Table of Permitted Signs
Permit
(Y/N)
A. Ground Signs
Major Development Signs
Monument Signs (1) (2) (3)
Pole Signs (2) (3) (4)
Subdivision Nameplate Signs
New Development Signs
Traffic Directional Signs
y
y
y
y
y
N
B. Building Signs
e
Canopy Signs
Projection Signs
Roof Signs
Wall Signs (5)
y
y
y
y
C. Temporary Signs
RESIDENTIAL DISTRICTS
NON-RESIDENTIAL DISTRICTS
Regulation
Section
Number
17
15
14
19
20
21
(f)
~
a:
25
26
24
23
Banner Signs N 32
Construction Trade Signs (6) N 33
Flags (7) N 34
Garage Sale Signs N 30
Political Signs (8) N 31
Portable Signs (9) Y 28
Real Estate Signs (10) N 29
Weekend Advertising Signs Y 35
1 Monument Signs are regulated as being either single-family residential, multi-family residential, or non-residential.
2, Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships.
3, Signs in the AG district have special size and height limitations. see Section 6,
4, Additional height and sign area are allowed when the Pole Sign is located within the Freeway Overlay Zone,
5 Multi-family allowed one Wall Sign per street frontage.
6 Construction Trade Signs are regulated as either residential or non,residential.
7 Company logo ßags not allowed in AG, R1S, R1, R2, R3, R4D, R6T, RS & MH1 districts.
S, Political Signs are regulated as either AG & 'R' district signs or 'AII Other district signs.
9, Portable Signs used as a Political Sign are allowed in the AG - Agricultural zoning district,
1o, Real Estate Signs are regulated as enher residential or non-residential.
e
Ord, No, 2341
8
Option "C"
e
11. Nonconforming Signs
For purpose of these regulations, this Section shall apply to nonconforming signs. Any sign or advertising
structure which was erected prior to such time as it came within the purview of these regulations, and any
amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to
be a non-conforming sign, Non-conforming signs shall comply with the following additional regulations:
A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or
altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review
Board. Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has
been removed, the sign area and sign height of the replacement sign shall be in accordance with the
provisions of these regulations.
B. A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value,
shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The
Building Official may require the owner of said non-conforming sign to submit two or more independent cost
estimates from established sign companies to repair or renovate the existing non-conforming sign and two
cost estimates from established sign companies to construct a new sign, including its supporting structure,
which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or
deteriorated ..
12. Sign Maintenance
e
Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a
state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free
from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for
which they were originally designed. A person maintaining any sign or sign structure shall keep the ground space
within eight (8) feet measured horizontally from the base of the sign or sign structure free and clear of weeds,
rubbish and other flammable waste materials.
13. Ground Signs
Ground Signs shall be regulated as either Pole Signs, Monument Signs, Major Development Signs, Subdivision
Nameplate Signs, New Development Signs, or Traffic Directional Signs,
14. Pole Signs
The purpose of a Pole Sign is to provide advertising on a freestanding and self-supporting structure which is
attached to the ground surface with uprights or braces to elevate a message area and which has an open space
between the message area and the ground, A Pole Sign is not attached to any building, and does not utilize
another structure for its support. Pole Signs shall comply with the following additional regulations:
A. Permit: A permit shall be required for every Pole Sign.
B, Permitted Districts: Pole Signs shall be allowed in zoning districts shown in Section 9, Table of Permitted
Signs.
e
c. Number Allowed: One (1) Pole Sign per lot shall be allowed for the first three hundred (300) feet of qualified
street frontage. Measurement of street frontage shall be from the intersection of a property line with the street
right-of-way, One (1) additional Pole Sign shall be allowed for each additional three hundred (300) feet of
qualified street frontage, or fraction thereof.
Ord, No, 2341
9
Option "C"
e
D. Maximum Area: A Pole Sign shall not exceed the ratio of one (1) square foot of sign area for each linear foot
of qualified street frontage, and no Pole Sign shall exceed the maximum area of #H:ee ~ hundred fðGQ1
(100) square feet, unless the sign qualifies for additional area when it is located within the Freeway Overlay
Zone, Furthermore, the total area of all Pole Signs shall not exceed the ratio of one (1) square foot of sign
area for each linear foot of qualified street frontage,
E. Maximum Heiqht:
1, A Pole Sign shall not exceed the maximum height of twenty-five (25) feet, unless the sign qualifies for
additional height when it is located within the Freeway Overlay Zone.
A~ ~~:R~~~~~f ;:p~~~ign Sh311 net oxcom ono h:llf of tho dist:lnoo weFFl tho sign to tho noarÐct :lGjaoont
~. ~ ::~~ ~: r.~: ~ ~ b. iAGreose. by o.eiAg eAe (1) feet of heighl f:~:¡¡h~::~:: :.: ~ ::
::: ~"::::: s:.~~ ~"'~~rty HAe, ~re.,i.e., hewever, Ihot 11.0 ~:i~~ ¡.; .;¡;::;".::::,:,,:,=r
::~~~~ ~~!~~~~ to .'\G or "R' zonod l'Ifo 3orty :Ira c:ltlcfioEl :lnd tho ..t 0 t e ;~ '::: ::::: a
~:i~f"'I~~~~~ of fifty (50) foot, I:JFlloss tho ci!iJn ql:J:llifioc for :lElditional hoigAt :,;~~it'¡~ i ..' h'
¡;;:Feo'~y Ovorl:lY Zono,
F, Siqn Location: All Pole Signs shall be situated within the increment of qualified street frontage used to
calculate the sign area. When a Pole Sign is situated near a property corner, the street frontage used to
calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming
an angle which bisects into equal parts the intersection of the two (2) adjacent property lines (see illustrations
in appendix).
e
G. Spacinq: A Pole Sign shall be a minimum of one hundred (100) feet from another Pole Sign, Monument Sign,
or Major Development Sign situated on the same lot.
H. Lots with Two Frontaqes: When a lot, tract or parcel of land abuts two (2) or more street frontages, a Pole
Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty
(50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as
prescribed herein,
I. Vehicular Protection: Every Pole Sign shall be located within a landscaped area or provided with vehicular
protection using a curb, bollards or similar device unless there is:
1, a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or
2. a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area,
J, Maximum Planter Heiqht: When a Pole Sign is located at a driveway entrance, landscaping plants or planter
boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height.
K. Pole and Monument Siqn Interchanqabilitv: A Pole Sign may be used in lieu of a Monument Sign, except in
residentially zoned areas, provided that all spacing requirements are maintained. Nothing in these regulations
shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the
type of sign used.
e
L. Outdoor Menu Boards: Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously
been approved for a business with drive-thru windows and under the following conditions:
1, Not more than one (1) outdoor menu board shall be allowed per drive-thru window.
2. Display area shaff not exceed thirty (30) square feet.
3, The outdoor menu board lettering shall not be legible from any street.
Ord, No, 2341 10
Option "C"
e
M, Chanqeable Messaqe Boards: A Pole Sign may contain a changeable message board which utilizes either
electronic or changeable letters, The area of a changeable message board shall be included in calculating the
total sign area.
N. Illumination: A Pole Sign may be illuminated.
0, Material ReQuirements: The support structure for a pole siQn shall be double pole and shall be
constructed or covered with materials which match the masonry portion of the principle buildinQ on
the site or shall be stone or brick. No sinQle pole freestandinø siøns shall be allowed.
15. Monument Signs
The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shall be classified
as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with
the following regulations which are established for the three (3) divisions:
A. General Provisions Applicable to all Monument Siqns:
1. A permit shall be required for every Monument Sign,
2, Monument Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs.
e
3. When a Monument Sign is situated within an island or a driveway location at the entryway of a
development where a vehicular driving lane is located on one (1) or more sides of the Monument Sign, the
Monument Sign shall be set back a distance of fifteen (15) feet from the right-of-way line or an extension of the
right-of way line from the adjacent lots. The provisions of the Visibility Triangle contained elsewhere in these
regulations shall apply when a Monument Sign is situated on one or both sides of an entryway of a
development.
4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign.
B, Sinqle-family Residential Monument Siqns:
1, Number Allowed: Not more than two (2) matching Single-family Residential Monument Signs shall be
allowed at each entrance of a single-family residential subdivision.
2, Maximum Area: A Single-family Residential Monument Sign shall not exceed fifty (50) square feet in area,
3. Maximum Height: A Single-family Residential Monument Sign shall not exceed four (4) feet in height.
4, Illumination: Single-family Residential Monument Signs may be illuminated,
C. Multi-family Residential Monument Siqns:
1. Number Allowed: One (1) Multi-family Residential Monument Sign shall be allowed for each platted lot,
tract or parcel of land, for the first three hundred (300) feet of qualified street frontage, Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Multi-
family Residential Monument Sign shall be allowed for each additional three hundred (300) feet of qualified
street frontage, or fraction thereof.
e
2, Maximum Area: A Multi-family Residential Monument Sign shall not exceed the ratio of one (1) square
foot of sign area for each two (2) feet of qualified street frontage, and no Multi-family Residential Monument
Sign shall exceed the maximum area of one hundred (100) square feet. Furthermore the total area of all
Ord, No, 2341
II
Option "C"
e
Multi-family Residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each
two (2) feet of qualified street frontage.
3. Maximum Height: A Multi-family Residential Monument Sign shall not exceed six (6) feet in height.
4. Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle,
5. Spacing: A Multi-family Residential Monument Sign shall be a minimum of one hundred (100) feet from
another Multi-family Residential Monument Sign situated on the same lot.
6, Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7, Illumination: Multi-family Residential Monument Signs may be illuminated,
D, Non-residential Monument SiQns:
tit
1. Number Allowed: One (1) non-residential Monument Sign shall be allowed for each platted lot, tract or
parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional
Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or
fraction thereof,
2, Maximum Area: A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign
area for each two (2) feet of qualified street frontage, and no non-residential Monument Sign shall exceed the
maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential
Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified
street frontage.
3. Maximum Height: A non-residential Monument Sign shall not exceed the maximum height of six (6) feet.
4, Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle,
5, Spacing: A non-residential Monument Sign shall be a minimum of one hundred (100) feet from another
non-residential Monument Sign, Pole Sign, or Major Development Sign situated on the same lot.
e
6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7. Pole and Monument Sign Interchangeablility: A non-residential Monument Sign may be used in lieu of a
Pole Sign, provided that all spacing requirements are maintained. Nothing in these regulations shall be
Ord, No, 2341
12
e
e
e
Option "C"
construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of
sign used,
8, Changeable Message Boards: A non-residential Monument Sign may contain a changeable message
board which utilizes either electronic or changeable letters, The area of a message board shall be included in
calculating the total sign area.
9. Illumination: A non-residential Monument Sign may be illuminated,
16. Signs for Automobile Dealerships
One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty
(150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the
Pole or Monument Sign regulations,
17. Major Development Signs
The purpose of a Major Development Sign is to identify the name of a large retail shopping center which contains
one hundred thousand (100,000) square feet of floor area or more and to provide signage for tenants located in
the retail shopping center. Major Development Signs shall be allowed on Iv within the Freewav o verla v Zone
and comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Major Development Sign,
B, Permitted Districts: Major Development Signs shall be allowed in zoning districts shown in Section 924, Table
of Permitted Signs.
C, General Criteria: One Major Development Sign shall be allowed when either of the following criteria are
satisfied:
1, On a single platted lot which contains one (1) multi-occupancy building having one hundred thousand
(100,000) square feet of floor area or more, or two (2) or more buildings, with a combined total of one hundred
thousand (100,000) square feet of floor area, or more; or
2, When an attached multi-occupancy building has a combined total of one hundred thousand (100,000)
square feet of floor area, or more, and is situated on two (2) or more platted lots, A Major Development Sign
may advertise tenants located on any of these two (2) or more platted lots.
8. Considered as Bonus Siqn: A Major Development Sign shall be considered a bonus sign and shall be allowed
in addition to any other sign authorized in these regulations, provided that all spacing requirements are
satisfied.
C, Maximum Number Allowed: Nothing in these provisions shall be construed so as to allow more than one (1)
Major Development Sign for each street frontage per eligible development.
D. Spacinq: A Major Development Sign shall be a minimum of one hundred (100) feet from a Pole Sign or
Monument Sign located on the same lot or on an adjacent lot of the same development.
E. Maximum Area: The Major Development Sign shall not exceed the ratio of 0.005 square feet of sign area for
each square foot of building floor area, No Major Development Sign shall exceed one thousand (1,000)
square feet of sign area,
Ord, No, 2341
13
Option "C"
.
F. Maximum Heiqht: A Major Development Sign shall not exceed the maximum height of fifty (50) sixtv-five
(65) feet, except when the M3jor Development Sign c:¡u3Iifim: for 3dditiona height in the Froe\V3Y Overl3Y
~,
G. Vehicular Protection: Every Major Development Sign shall be located within a landscaped area or provided
with vehicular protection using a curb, bollards or similar device unless there is:
1. A minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or,
2. A minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area,
H, Maximum Planter Heiqht: When a Major Development Sign is located at a driveway entrance, landscaping
plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty (30) inches in
height.
I. Chanqeable Messaqe Boards: A Major Development Sign may contain a changeable message board which
utilizes either electronic or changeable letters. The area of a changeable message board shall be included in
calculating the total sign area,
J, Illumination: A Major Development Sign may be illuminated.
18. Freeway Overlay Zone
e
There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the
right-of-way of I. H, Loop 820 and State Highway 121. A Pole Sign or Major Development Sign within the Freeway
Overlay Zone shall comply with the following additional regulations:
A. Maximum Pole Siqn Heiqht: A Pole Sign located within the Freeway Overlay Zone shall not exceed sixty-five
(65) feet in height.
B. Maximum Major Development Siqn Heiqht: A Major Development Sign located within the Freeway Overlay
Zone shall not exceed sixty-five (65) feet in height.
C, Maximum Pole Siqn Area: The maximum size of a Pole Sign located within the Freeway Overlay Zone shall
be two (2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred
(400) square feet.
19. Subdivision Nameplate Signs
The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision. Subdivision Nameplate
Signs shall comply with the following additional regulations:
A.
B.
C.
e D,
Permit Required: A permit shall be required for every Subdivision Nameplate Sign.
Permitted Districts: Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 824,
Table of Permitted Signs.
Location: Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry screening wall.
Number Allowed: Not more than two (2) matching Subdivision Nameplate Signs shall be allowed at each
entrance of an "R" district subdivision, or a multi-family development.
Ord, No, 2341
14
·
e c,
D,
E,
F,
Option "C"
E, Maximum Area: A Subdivision Nameplate Sign shall not exceed fifty (50) square feet in area,
F, Maximum HeiQht: A Subdivision Nameplate Sign shall not extend above the fence or wall.
G. Illumination: Subdivision Nameplate Signs may be illuminated,
20. New Development Signs
The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or
a proposed new commercial development. New Development Signs shall comply with the following additional
regulations:
A. Permit Period: A permit shall be required for each New Development Sign, Permits for such signs shall be
valid for a period of one (1) year, or to the completion of the project, whichever occurs first and must be
removed prior to the expiration of the permit. The permit may be renewed each year upon payment of a new
fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision or until
the issuance of a Certificate of Occupancy by the Building Official.
B. On-site: One (1) New Development Sign shall be allowed on-site of the residential subdivision or on the site
of the commercial project, Additional on-site New Development Signs shall be allowed as follows:
1, One (1) additional New Development Sign shall be allowed on-site on a different street than the initial New
Development Sign when a residential subdivision contains two street intersections which do not intersect on
the same street.
2, One (1) additional New Development Sign shall be allowed on-site of a proposed new commercial project
when the site contains two or more street frontages.
Off-site: One (1) New Development Sign shall be allowed off-site which may be located in any Commercial,
Industrial, or Office Zoning District, or on unplatted vacant property,
Maximum HeiQht: A New Development Sign shall not exceed fifteen (15) feet in height.
Maximum Area: A New Development Sign shall not exceed one-hundred (100) square feet in area.
Illumination: A New Development Sign may be illuminated,
21. Traffic Directional Signs
A.
B,
C.
D,
e
E.
Ord. No, 2341
The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by
identifying the vehicle entrance or exit. Traffic Directional Signs shall comply with the following additional
regulations:
A permit shall not be required for a Traffic Directional Sign,
Traffic Directional Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs.
One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a
traffic hazard.
A Traffic Directional Sign shall not exceed two (2) square feet in area. However, a Traffic Directional Sign
located behind a building set-back line shall not exceed six (6) square feet in area,
Traffic Directional Signs may- pertain to either vehicular or pedestrian traffic.
15
~
e
e
Option "C"
F. Traffic Directional Signs may include a company name and fogo.
G. A Traffic Directional Sign may be illuminated,
22. Building Signs
Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projection Signs,
23. Wall Signs
The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure. For the
purpose of these regulations, a sign attached to a mansard roof which has a 1: 1 slope, or more, shall be
regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning-
like structure and does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is
attached shall be regulated as a Wall Sign, Wall Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Wall Sign, A separate permit shall be required for any
awning.
B, Permitted Districts: Wall Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted
Signs.
C, Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs
on each wall surface shall not exceed twenty-five (25) percent of the total wall area. For purposes of these
regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a
multi-occupancy structure.
D. Multi-family Developments: Wall Signs for multi-family developments are limited to one (1) Wall Sign for each
street frontage and a maximum area of fifty (50) square feet.
E, Maximum Proiection: A Wall Sign shall not project more than eighteen (18") inches from the surface upon
which it is attached. However, the upper edge of a Wall Sign mounted on a mansard roof may project more
than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the
apparent roof line of the building.
F, No Projection Above Roof Line: Except for signs attached to a mansard roof, all Wall Signs shall be placed flat
against the wall of a building and shall not project above the parapet wall, the apparent flat roof, eaves line of
the building, or extend beyond the side wall of the building.
G, Illumination: A Wall Sign may be illuminated.
24. Roof Signs
The purpose of a Roof Sign is to provide advertising on the roof area of a structure. A Sign attached to a
mansard roof which has less than a 1: 1 slope shall be regulated as a Roof Sign. Roof Signs shall comply with
the following additional regulations:
A. A permit shall be required for every Roof Sign,
B. Roof Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C. One (1) Roof Sign shall be allowed for each lot. However, no lot shall have a Roof Sign in combination with a
Wall Sign, Canopy Sign or Projection Sign,
Ord, No, 2341
16
Option "C"
- D.
E.
F.
A Roof Sign shall not project horizontally over the edge of the roof or eaves and the lower edge of a Roof Sign
shall not exceed eighteen (18) inches above the apparent flat roof line,
A Roof Sign shall not exceed fifty (50) square feet in area.
The height of a Roof Sign shall not exceed ten (10) feet above the apparent flat roof or eaves line.
G, A Roof Sign may be illuminated.
25. Canopy Signs
The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these
regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall
surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign. Canopy Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Canopy Sign, A separate building permit shall be required for the
construction of the canopy.
B. Canopy Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted,
C, A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy.
D. A Canopy Sign shall not extend beyond the width or project above the top of the canopy.
e E. A Canopy Sign may be illuminated,
F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy,
nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular
maneuvering area.
G. When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be
allowed and are exempt from any permit requirements. However, such signs shall not exceed four (4) square
feet in area.
26. Projection Signs
A Projection Sign is a sign in which the message area is perpendicular to the wall of the building. Projection Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Projection Sign.
B, Projection Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C. One (1) Projection 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 Projection Sign in combination with a Wall Sign, Roof
Sign, or Canopy Sign,
e
D. A Projection Sign shall not exceed twenty-five (25) 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.
E, Projection Signs shall not project over any property line or right-of-way line.
Ord. No, 2341
17
Option "C"
It
F. A Projection Sign shall not project more than four (4) feet from any wall facing and shall not extend above the
apparent roof line of the building,
G. Every Projection 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
H, A Projection Sign may be illuminated.
27. Temporary Signs
Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political
Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs.
28. Portable Signs
A. A permit shall be required for every Portable Sign.
B, Portable Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the
premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of
Occupancy has been previously issued by the Building Official.
0,
'e E.
F,
The Portable Sign structure must be removed from the premises upon expiration of the permit. Removal of
the letters from the sign board does not constitute removal of the sign,
A Portable Sign shall not be displayed for more than thirty (30) consecutive days,
No more than three (3) portable sign permits per year shall be issued to a business. Consecutive permitting
shall be prohibited, There shall be a forty-five (45) day period between permitting. A Portable Sign erected in
conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph.
G. A Portable Sign shall not exceed fifty (50) square feet in area,
H. A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard,
I. A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required
loading zone.
J, A Portable Sign shall not be placed in any location that blocks the view of any ground sign,
K. A Portable Sign shall be a minimum of one hundred (100) feet from another Portable Sign situated on the
same lot.
L. A Portable Sign may advertise one or more businesses located on the same lot.
M. A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which
shall be the same information as shown on the Contractor Registration on file with the City, Any sign not
containing current information shall be declared an illegal sign.
e
N. Portable Siqns for Civic And Reliqious Orqanizations: Two Portable Signs advertising events of public
schools,-private schools, non-profit civic organizations and religious organizations shall be allowed upon
approval of a permit. Such permit shall be at no cost.
Ord, No, 2341
18
lit
!.
e
Option "C"
29. Real Estate Signs
The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings considered as
real property. Real Estate Signs shall be classified as either residential or non-residential. Every Real Estate Sign
shall comply with the following additional regulations:
A. General Provisions Applicable to all Real Estate SiQns:
1. A permit shall not be required for a Real Estate Sign,
2, Real Estate Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
3, Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the
property advertised.
8. Residential Real Estate SiQns: One (1) Residential Real Estate Sign shall be allowed for each street frontage
in a residential zoning district, subject to the following regulations:
1. The Residential Real Estate Sign shall be placed on the property offered for sale or rental.
2, The primary area of the Residential Real Estate Sign shall not exceed six (6) square feet, excfusive of the
pole. The Real Estate Sign shall have no more than six (6) "sign riders",
3. No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height.
4, A Residential Real Estate Sign shall be not be illuminated,
5. In addition to a Residential Real Estate Sign, one (1) "Open House" and one (1) "Model Home" sign shall
be allowed on the property offered, The size and area shall not exceed that of a Residential Construction
Trade Sign,
6, "Open House" signs and "Model Home" signs displayed off-premises shall be allowed when the advertiser
and the sign conforms to the regulations for Weekend Advertising Signs contained in this Articfe.
C, Non-residential Real Estate SiQns: One (1) Non-residential Real Estate Sign shall be allowed for each street
frontage on any multi-family or nonresidential commercial property, and shall comply with the following
additional regulations:
1, The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental.
2. A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area.
3, A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height.
4. A Non-residential Real Estate Sign shall not be illuminated,
5, A Non-residential Real Estate Sign shall be a minimum of twenty (20) feet behind any curb or edge of
pavement.
6, In addition to a Non-residential Real Estate Sign, one (1) "Open House" sign shall be allowed on the
property offered. The size and area shall not exceed that of a Non-residential Real Estate Sign.
7. "Open House" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to
the regulations for Weekend Advertising Signs contained in this Article.
Ord, No, 2341
19
Option "C"
30. Garage Sale Signs
~ A.
B.
c.
D.
E,
F.
G.
A permit shall not be required for any Garage Sale Sign,
Garage Sale Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs when in
conjunction with an approved garage sale permit.
Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in
conjunction with an approved garage sale permit at a place of residence,
Garage Sale Signs shall be located on private property only, Garage Sale Signs shall not be allowed on any
public property, right-of-way, or utility, light, traffic signal or sign pole.
Garage Sale Signs shall not exceed six (6) square feet in area,
Garage Sale Signs shall not exceed three (3) feet in height.
Garage Sale Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be
removed within twenty-four (24) hours following the end of the sale,
H, Garage Sale Signs shall not be illuminated.
31. Political Signs
e
The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue
being considered for public referendum. Political Signs shall comply with the following additional regulations:
A. No permit shall be required for any Political Sign.
B. Political Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
C, Political signs shall not be located on any utility, light, traffic signal or sign pole.
D. Political signs shall be allowed for a period of thirty (30) days prior to local or county elections, sixty (60) days
prior to a state election and ninety (90) days prior to a national election, All political signs shall be removed no
later than seven (7) days after the election or after the termination of candidacy, whichever occurs first.
E, AG and uR" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not
exceed three (3) feet above grade in the AG and all "R" zoning districts.
F, All Other Districts Political Signs shall not exceed fifty (50) square feet in area and the height shall not
exceed six (6) feet above grade in all zoning districts except in the AG and all "R" districts,
G. Political Signs shall not be located so as to cause a safety or traffic hazard,
H. A Political Sign shall not be illuminated,
32. Banner Signs
e
The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages,
Banner Signs shall comply with the following additional regulations:
A. A permit shall not be required for a Banner Sign,
Ord, No, 2341
20
B,
. C.
D,
E.
F.
G,
H.
.
Option "C"
Banner Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs.
One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi.
occupancy structure.
A Banner Sign shall not exceed fifty (50) square feet in area.
Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or
eaves line.
Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads in accordance with the Uniform Building Code.
A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days.
In conjunction with the Grand Opening Signage provisions of this Article, one additional oversized banner shall
be allowed on the front or side of a building structure for each street frontage of a business holding a
Certificate of Occupancy. The maximum size of the additional banner(s) shall not exceed twenty-five (25)
percent of the wall area on which the banner is attached and may be displayed for a period of thirty (30) days.
I. Developments with a parking lot containing more than sixty-five thousand (65,000) square feet may erect color
coded banners for the purpose of aiding patrons in locating their parked vehicles. Such banners shall be
located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty-
five thousand (65,000) square feet of parking area. Such banners shall be entitled to have a logo or symbol
identifying the establishment. The total size of each such color coded banner shall not exceed thirty-six (36)
square feet and the banner shall not be less than three (3) feet in width nor more than twelve (12) feet in
length or greater than twenty (20) percent of the surface height of the pole to which it is to be attached.
33. Construction Trade Signs
The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction
companies working at a construction site. For purposes of these regulations, a sign which advertises the financial
lending institution shall be considered a Construction Trade Sign, Construction Trade Signs shall be regulated as
either Residential Construction Trade Signs or Non-residential Construction Trade Signs,
A No permit shall be required for any Construction Trade Sign.
B. Construction Trade Signs shall be allowed in zoning districts shown in Section 924, Table of Permitted Signs,
C. Residential Construction Trade Signs shall comply with the following:
1, Residential Construction Trade Signs shall only be allowed in residential zoning districts.
2. Residential Construction Trade Signs shall not exceed six (6) square feet in area.
3. Residential Construction Trade Signs shall not exceed three (3) feet in overall height.
4. The signs shall be placed on the property where building activity is taking place.
5, A Residential Construction Trade Sign shall not be illuminated.
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy.
D, Non-residential Construction Trade Signs shall comply with the following:
1, Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts.
2. Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area.
3, Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height.
4, The signs shall be placed on the property where building activity is taking place.
5, A Non-residential Construction Trade Sign shall not be illuminated,
Ord. No, 2341 21
e
'e
e
Option "C"
6, The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy,
34. Flags
Flags shall comply with the following additional regulations:
A. A permit shall not be required for any Flag. A permit shall be required for a flag pole which exceeds twenty
(20) feet in height above the ground.
8, United States and State Flags shall be allowed in all zoning districts.
C. Company logo flags shall be allowed in all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T,
and R-8 districts.
D. Company logo flags shall not exceed one hundred (100) square feet in area, and if flown in conjunction with
United States and Texas Flags, shall not exceed area of United States and Texas flags.
E. Maximum Height A flag shall not be flown at a height which exceeds the following:
1. Twenty (20) feet in the R-7-MF zoning district.
2. Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, and R-8 zoning districts.
35. Weekend Advertising Sign
The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential
properties in North Richland Hills,
A. Registration A builder, developer, or Realtor must be registered with the City of North Richland Hills to be
eligible to participate as a weekend advertiser, The annual fee shall be paid and/or renewed during the month
of January each year.
8, Schedule Signs shall be allowed between 12:00 p.m, Friday and 12:00 p,m. Monday. A holiday falling on
Friday or Monday will be considered as part of the weekend.
C, Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three (3) feet above grade.
D. Spacing of Signs Signs for one advertiser shall be at least two hundred (200) feet apart.
E. Sign Location Individual sign locations shall adhere to the following criteria.
1, It shall be the responsibility of the builder, owner, or Realtor to secure permission of the adjacent property
owner for placement of the signs on private property. This policy does not grant unlimited access and use of
the City right-of-way,
2, Signs may be placed in street right-of-way, but no closer than three (3) feet from the edge of the sign to the
street curb or edge of pavement. Signs shall not encroach either the sidewalk or the street.
3. No sign shall be placed in a visibility sight triangle as defined in this Ordinance.
4, Signs shall not be located within a street median,
F, Sign Construction and Criteria Signs shall be rigid, two dimensional displays that advertise residential
property, "For Sale, Lease or Open House", guiding the public to a specific location in North Richland Hills.
Ord, No. 2341
22
'4þ
e
Option "C"
36. Grand Opening Signage
The purpose of Grand Opening Signage is intended to allow a new business, or a business which has
substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually
allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is
allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, R-7-MF, R-8, and
the U Districts. The following regulations contained within this subsection apply to Grand Opening Signage.
A. Upon the issuance of a Certificate of Occupancy and within a 180 calendar day period thereafter, a business
shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection
when one of the following conditions applies:
1. When the Certificate of Occupancy has been issued to a new business, which may not be of the same
business classification type listed in Section 310, Table of Land Uses, which existed previously for the same
address location, unless the prior business has been closed for a thirty (30) day period, or longer, or
2. When a Certificate of Occupancy has been issued to an existing business, which has 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.
B. Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period
of thirty (30) consecutive calendar days, The Grand Opening Signage permit is limited to the address noted
on the Certificate of Occupancy and shall comply with the following requirements:
1. Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs &
balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the
provisions of Article 9, Sign Regulations, Ordinance 1874, as amended.
2. A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section
986 C of this Article.
3. Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section
978 of this Article.
4. Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section
986 E of this Article.
5. Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions
of Section 986 D of this Article.
6. One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of
Section 970 of this Article.
7, Grand Opening signage shall be contained within the limits of the property of the legal business on which a
Certificate of Occupancy has been issued and shall not extend into the City right-of-way, Signage shall not be
located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated
signs or electrical fixtures.
8. No permit fee shall be required for a Grand Opening Signage Permit.
c. SearchliQhts: Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision
contained in these regulations. A searchlight may be used provided the following regulations are satisfied:
Ord, No, 2341
23
.
.
Option "C"
1. Any searchlight shall be located on private property of the premises and not on any public right-of-way.
The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of
thirty (30) degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises shall not exceed a total of one
thousand six hundred (1600) million foot candlepower. No more than four (4) beams of light may be projected
from any premises.
3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed
at any portion of the traveled ways or adjoining property. No light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle.
4. No searchlight may be operated between the hours of 11 :00 p.m. and 7:00 a.m,
D. Inflatable Siqns and Balloons: Inflatable Signs and Balloons, including lighter-than-air balloons connected
with a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in
these regulations. Inflatable Signs and Balloons may be used provided the following regulations are satisfied:
1. Not more than one Inflatable Sign or Balloon shall be allowed on any premises.
2, Inflatable Signs and Balloons when placed on a building may not exceed twenty-five (25) feet in height
above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering.
3, Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five (25) feet in height
above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering.
4. Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum
distance equal to the height of the balloon.
5. Inflatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire.
6, Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner
to withstand wind loads.
E. Pennants: Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions
contained in these regulations. Pennants may be used provided the following regulations are satisfied:
1, All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire
lane,
2, All Pennants shall maintain five (5) teet of clearance trom any overhead electrical wire.
,..
3, All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads.
4, Pennants shall not be attached to any utility or traffic control device pole located within a right-ot-way or
project into a street right-ot-way.
37. Sign Review Board
A. Creation: There is hereby created a Sign Review Board consiting of five members and two alternates, each to
be appointed by a majority of the City Council tor a term of two years and removable tor cause by the
appointing authority on a written charge after a public hearing. It is the declared policy of the City Council that
it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge
ot the community, independent judgment, and availability to prepare tor and attend meetings. For the purpose
of this Ordinance the North Richland Hills Zoning Board ot Adjustment shall serve as the Sign Review Board,
Ord, No, 234\ 24
·
e
Option "C"
B. Terms of Office: The members shall serve for a period of two years and until their successors are duly
appointed. Qualified Board members may be appointed to succeed themselves,
C, Vacancy: Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever
the City Council finds that member has resigned, has not maintained the qualifications required for
appointment or has been removed by City Council for cause,
D. Orqanization: The Board shall elect a chairman from among its members to preside at meetings, Such
chairman, or in his absence an acting chairman elected from among the members, may administer oaths and
compel the attendance of witnesses. The Board shall designate the time and place of its meetings. The
Board shall adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with
this Ordinance or inconsistent with the statutes of the State of Texas. All meetings of the Board shall be open
to the public,
E, MeetinQs and Quorum: Four members of the Board shall constitute a quorum for the conduct of business,
The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve
without compensation, Minutes shall be kept showing the vote of each member on each question or the
absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained
for at least five years,
F. Jurisdiction: The Sign Review Board shall have the right to inspect premises where required in the discharge
of their responsibilities under this ordinance, The Sign Review Board, in specific cases, may authorize or order
the following:
1, Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement,
decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall
establish firm guidelines for future administrative actions on like matters,
2, Permits for Nonconformities: To authorize a building permit for the reconstruction, extension, or
enlargement of a non-conforming sign,
3, Discontinuance of nonconformities: To require discontinuance of non-conforming sign under the authority
provided in the Texas Local Government Code,
4. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as
will not be contrary to the public interest and where, because of special conditions, the enforcement of the
Ordinance would result in an unnecessary hardship,
G, Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a
certain provision of this ocdinance may be taken by any person aggrieved or by any officer, department, or
Board of the City affected by a decision of the City Enforcement Officer. Such appeal shall be taken within
fifteen (15) days time after the decision has been rendered, by filing with the Enforcement Officer a notice of
appeal specifying the grounds thereof, The Enforcement Officer shall transmit to the Board all papers
constituting the record upon which the action being appealed was taken.
H. Application: Before any request for an interpretation or a variance from this Ordinance will be heard by the
Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon
the forms prescribed by the City of North Richland Hills. Such application shall included, but is not limited to,
the following:
1, the name, address, and phone numbers of the property;
2, the name, address, and phone numbers of the owner's agent, if applicable;
3, the legal description of the property;
4. a brief description of the variance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property.
Ord, No, 2341 25
Option "C"
The applicant must provide proof of ownership of the property, or a letter from the owner of the property
granting the applicant permission to request the variance.
I. Fees: Every application for a variance shall be accompanied by a filing fee as follows: Residential $100.00
and Non-residential $175.00,
J. Stay of Proceedinos: An appeal shall stay all proceedings of the action appealed from unless the City
Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board that a stay
would, in the opinion of the City Enforcement Officer, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or by a court of record.
K. Form of Appeal or Application: An appeal or application shall be in such form and contain such information as
the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An
incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board
and shall not be reviewed or scheduled for hearings until brought to completion,
L. Notice of Hearino: Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property shall be sent to all owners of real property
lying within two hundred feet of any property on which the variance is requested. The notice of hearing shall
be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such
notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before
the date set for a hearing before the Sign Review Board. Notice of hearing shall also be given by publication
in the official newspaper of the city at least ten days before the date before the date set for a hearing before
the Sign Review Board. Such notice shall state the time and place of such hearing, and the nature of the
subject to be considered.
.. M, Hearinq:
1, Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence
supporting the granting or denial of an appeal shall be submitted only through the City Enforcement Officer or
to the Board in public meeting,
2. Any appeal or application may be withdrawn upon written notice to the City Enforcement Officer,
3, The Board shall make its decision on any application within forty-five days from the time the initial hearing
is held or the application will be deemed to have been denied.
N. Decision and Votino:
1. Every decision of the Board shall be eased upon findings of fact and every finding of fact shall be
supported in the record of proceedings. The Board may act only in matters as specifically authorized by
theses regulations and these regulations shall be construed as limitations on the power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of these
regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the
terms of these regulations will be strictly enforced.
3, The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement,
decision or determination of the City Enforcement Officer; to approve any variance that the Board is
empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or
lot.
.
4, A member shall disqualify himself from voting whenever he has a personal or monetary interest in the
property under appeal, or win be directly affected by the decision of the Board.
Ord, No, 2341
26
.
.
Option "C"
5, A member may disqualify himself from voting whenever any applicant, or his agent, has sought to
influence the member's vote on the appeal other than in the public hearing,
6, The decision of the Board shall be final.
O. Approval of Request:
1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in
connection therewith in order to secure substantially the objectives of the regulation or provision to which such
variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in
which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that
conditions designated in connection therewith are being or will be complied with,
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction
permits within sixty days after the Board's decision unless a greater time is requested in the application and is
authorized by the Board. Any approval may be granted one emergency extension of sixty days on written
request filed with the Board before expiration of the original approval. Failure of the applicant to apply for
occupancy of construction permits within the authorized time period shall void the right to secure such permits
except upon the filing of a new application or appeal.
P. Denial of Request: No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds:
1. That new plans materially change the nature of the request, or
2, The permitted development of other nearby property in the same zone has been substantially altered or
changed by a ruling of the Board so as to support an allegation of changed conditions,
II.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any
III.
Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he shall, when
necessary, give notice to the person responsible to cease such violations forthwith.
B. Written notice may be delivered in person or by mail to a violator or to any person in charge of property where
a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcement Officer or
his deputy. Either notice shall be effective.
C, In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum
requirements adopted for the promotion of public health, safety, morals and general welfare.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher
standards as determined by the City Enforcement Officer,shall govern.
Ord, No, 2341
27
i
.'
,
Option "C"
IV.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor,
and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense. Each
day such violation continues to exist shall constitute a separate offense,
V.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
VI.
Effective Date
This ordinance shall be in full force and effect from and after its passage,
PASSED AND APPROVED-.ßY THE CITY COUNCIL THIS 28th DAY OF SEPTEMBER. 1998.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord, No, 2341
28
¡/. 1'2-
.
Summary of Text Changed for Sign Regulations - Option "C"
.
1. Page 1, Section 1 - changed the word "Article" to "Ordinance".
2. Page 2, Section 2,A - changed the word "Article" to "Ordinance".
3. Page 7, Section 8, - changed "Article 8" to "this Ordinance".
4. Page 7, Section 9, - deleted "contained in Article 8". Changed "this
Article" to "these regulations". Changed "in Article 2" to "herein".
5. Page 9, Section 14,8, - changed "Section 9" to "Section 10"
6. Page 9, Section 14, 8, - changed "Section 9" to "Section 10".
7. Page 1 0, Section 14, F, - deleted the words "see illustrations in appendix".
8. Page 11, Section 15, A, 2, - changed "Section 824" to "Section 10".
9. Page 13, Section 17, 8, - changed "Section 924" to "Section 10".
10. Page 16, Section 23, 8 - changed "Section 824" to "Section 10"
. 11. Page 16, Section 24,B - changed "Section 924" to "Section 10".
12, Page 17, Section 25,8 - changed "Section 924" to "Section 1 0".
13, Page 17, Section 26,8 - changed "Section 924" to "Section 1 0".
14. Page 18, Section 28,8, - changed "Section 924" to "Section 1 0".
15. Page 19, Section 29, A,1, - changed "Section 924" to "Section 10".
16, Page 19, Section 29,B,6 - Changed "Article" to "Ordinance".
17. Page 19, Section 29,C,7 - Changed "Article" to "Ordinance".
18. Page 20, Section 30,8 - changed "Section 924" to "Section 10",
19. Page 20, Section 31,8 - change "Section 924" to "Section 1 0".
20. Page 21, Section 32,8 - changed "Section 924" to "Section 1 0".
21, Page 21, Section 33,8 - changed "Section 924" to "Section 1 0".
.
, '
22. Page 21, Section 32,1, - changed "Article" to "Ordinance",
. 23. Page 23, Section 36, B,1, - changed "Article 9, Sign Regulations,
Ordinance 1874, as amended" to "this Ordinance",
24. Page 23, Section 36,B,2 - changed "Section 986 C of this Article" to"
Section 36C".
25. Page 23, Section 36,B,3 - changed "Section 978 of this Article" to"
Section 32".
26. Page 23, Section 36,B,4 - changed "Section 986 E of this Article" to
"Section 36E".
27. Page 23, Section 36B,S - changed "Section 986 0 of this Article" to
"Section 360".
28. Page 23, Section 36,B,6 - changed "Section 870 of this Article" to
"Section 28".
29. Page 24, - changed the Sign Review Board language to allow the City
Council to serve in that capacity. Deleted Sections B, C & 0 which
addressed terms of office, filling vacancies and organization,
. 30. Page 27, - completed the repealer language which omitted the completion
of the sentence regarding other landscaping regulations.
.
2
.
.
"
Option "G"
.
ORDINANCE NO. 2341
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING
SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS
ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Rich/and Hills Home Rule Charter;
and
WHEREAS, the City Council has determined that the regulation of advertising signs is necessary
to adequately protect the public health, safety, and promote the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
I.
The following sign regulations shall be the minimum standards for development within the
corporate limits of the City of North Richland Hills, Texas:
SIGN REGULATIONS
1. Purpose
The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare
of the City of North Rich/and Hills by facilitating easy and pleasant communication between people and their
environment. These regulations contain standards intended to avoid visual clutter which is potentially harmful to
traffic and pedestrian safety, property values, business opportunities, and community appearance. These
regulations govern the use, size, location, construction and maintenance of signs. It is the purpose of these
regulations to protect property values within the City of North Rich/and Hills, to enhance the beauty of the City, and
to protect the general public from damage and injury which may be caused by the unregulated construction of
signs Pursuant to these purposes, it is the intent of this Ordinance to authorize the use of signs which are:
A. Compatible with their surroundings;
8, Appropriate to the activity that displays them;
C. Expressive of the identity of individual activities and the community as a whole;
D, Legible in the circumstances in which they are seen,
OnJ r\o :;341
"
Option "C"
2. General Provisions
. The following general provisions shall be applicable to all signs erected within the corporate limits of the City of
North Richland Hills. Where a conflict may exist between a general provision and a specific regulation, the specific
regulation shall have priority over the general provision,
A. Compliance Required No person shall erect, alter, or add to a sign, or sign structure, unless said sign
conforms to the provisions contained in this Ordinance,
B, Siqn Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face,
However, 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. Construction Standards The construction of all signs shall comply with the structural requirements of the
North Richland Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by
the City of North Richland Hills. The design of sign supports and structures shall be compatible with and in
harmony with the surrounding buildings and structures. Any electrical installations shall comply with the North
Richland Hills Electrical Code.
D, Enqineerinq Requirements Where required, the construction plans shall be signed and sealed by a
professional engineer registered in the State of Texas.
E. Interference With Safety Provisions No sign shall be erected in such a manner that any portion of its surface
or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct
any required ventilator or door stairway.
.
F, Minimum Street Frontaqe A minimum of fifty (50) feet of qualified street frontage shall be required to erect a
Ground Sign.
G, Encroachment A sign shall not be constructed within or project over any property line, right-of-way line, public
drainage easement, public or private utility easement without an encroachment letter which has been
approved by the Public Works Department, unless a specific provision allowing such encroachment is
contained in these regulations.
H, Pedestrian Clearance No sign may project more than six (6) inches from the face of a building where general
public access is provided 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,
I. Off-premises Advertisinq All signs shall identify the business or enterprise by name and address only or
products sold or used on premises, Off-premises advertising shall be prohibited, unless provisions for such
signs are contained in these regulations,
J, Memorial and Historical Siqns The City Council or City Manager may authorize special permits, on such
terms as deemed appropriate, for signs and markers denoting properties or buildings which may have
historical or memorial significance to the community.
K. Community Special Events The City Council, or City Manager may authorize signs to advertise patriotic,
special events or special projects of general public interest taking place within the boundaries of the City,
-
L, Driveway Visibility Trianqles for Commercial Properties 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 ana connecting these points with an imaginary line, thereby making a triangle.
Within this triangle, vision shall be clear at elevations between thirty (30) inches and nine (9) feet above the
Ord, No, 2341 2
Option "C"
e
average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on
the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise,
M. Vehicle Advertising Vehicles which display signage shall comply with the following:
1. Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed,
No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted
signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-up truck,
2.' Banners, or signs made of cloth or other light materials, secured with rubber, rope, string, tape, or other
similar adhesives shall be prohibited as vehicle advertising.
3. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these
regulations shall be prohibited.
4, All vehicles which have signs or advertising shall be in working order and shall be in compliance with all
applicable vehicle safety laws when signs are in place. All such vehicles shall have current registration and
inspection stickers and shall be regularly used for transportation purposes.
. 3.
N, Liqhtinq Where provided for in theses regulations, certain signs may be illuminated. Illumination may be
either internal, internal-indirect, or indirect, as defined elsewhere in these regulations. All electrical facilities
shall require separate electrical permits and shall be installed in accordance with the North Richland Hills
Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or
create a traffic hazard on a street. When the Building Official has determined necessary, illuminated signs
situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare.
Signs Exempt From These Regulations
The following signs shall be exempt from regulation under this Ordinance:
A A public notice or warning sign required by a federal, state, or loca/ law, regulation, or ordinance, including
historical signs and markers placed by a city, county, state or national historical preservation organization and
official vehicle inspection station signs,
B, A sign located inside a building and which is not displayed so as to be visible from outside the building, Signs
located within a covered mall building shall comply with the North Rich/and Hills Building Code and the North
Rich/and Hills Electrical Code,
C. A sign located within a building, that is not legible beyond the lot line on which such sign is located. These
generally include credit card decals, hours of operation signs. emergency contact information, etc.
E. Holiday lights and decorations.
0, Works of art, including barber poles attached to a building, that do not include a commercial message,
F.
G,
H.
- I.
Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs,
"No Parking" or "Towing" signs authorized by City Ordinance.
"No Dumping Allowed" signs posted to deter illegal dumping.
Telephone and other underground utility warning signs not exceeding one (1) square foot in size and other
safety signs,
Onl, No, 234 I
3
/.
.
e
-
Option "C"
J, Temporary Signs which are painted on glass surfaces of windows or doors and pertaining to the lawful
business conducted therein.
K, A sign within or on railway property and placed or maintained in reference to the operation of such railway,
L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet.
4. Signs Prohibited
A. Rotatinq and Flashinq Siqns: Revolving, rotating, flashing, or blinking beams or beacons of light shall be
prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental
agency, Flashing or blinking lights which are incorporated into an electronic message board shall be allowed
and are regulated elsewhere in these regulations.
B, Siqns on Public Property: Private signs shall be prohibited upon public property unless authorized by the City,
other appropriate governmental authorities, or as provided by these regulations.
C. Siqns Attached to Utility Poles: Signs attached to light poles, utility poles, traffic control poles and trees,
except for "Posted-No Trespassing" signs shall be prohibited,
D. Park Bench Siqns: Park bench signs and billboard signs shall be prohibited.
E, Search Liqhts and Balloons: Search lights and inflatable balloons shall be prohibited, except when approved
as a Grand Opening Permit as regulated in these regulations.
F. Obnoxious Siqns Exploitinq Sex Prohibited:
1. Visual Depiction of Sexual Areas of Human Form Prohibited: No sign, including any temporary sign, which
depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any
portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or
adjacent to any building where it is visible from a public street or from an adjacent building or premises,
2, Use of Words Connoting Erotic Entertainment Prohibited: No sign, including any temporary sign. which
advertises any "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed
upon or adjacent to any building where it is visible from a public street or from an adjacent building or
premises. The words "adult entertainment" or "adult shows" shall be permissible,
3, Display of Offensive Signs a Public Nuisance: Any sign which is in violation of this subsection shall be
declared a public nuisance,
G, Activities Specifically Prohibited: The following types of signs or activities are specifically prohibited as
advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the
corporate limits of the City of North Richland Hills:
1, Bungee Jumping
2. Animal rides
3, Street vendors or hawkers
4. Helicopter or airplane rides
5. Hot air balloon rides
Ord, No, 2.141
4
Option "C"
5. Definitions
e All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the
Webster's New Collegiate Dictionary, unless specifically defined in this Section, For purposes of these
regulations, certain terms herein are defined as follows:
A. Banner Siqn: A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with
or without frames.
B. Billboard Siqn: An outdoor advertising structure which advertises a use, product, or service not necessarily found
on the premises. ,
C, Buildinq Siqn: A sign which has its main supporting structure depending on a building for support,
D, Canopy Siqn: A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or
metal, which projects from the wall of a building or overhangs a public way. A Canopy Sign may also be attached
to a free-standing structure, such as over a gas pump island.
E. Enforcement Officer: The administrative official charged with responsibility of enforcing the Zoning Ordinance.
F, Flaq: A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal,
or an emblem.
G. Ground Siqn: A sign which has its main supporting structure depending on the ground for attachment.
H, Illumination: For the purposes of these regulations the term illumination shall be defined as follows:
e
1, "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the
sign visible at night by means of the light being transmitted through a translucent material but wherein the source
of the illumination is not visible,
2, "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing
letter) which makes the sign visible at night by means of lighting the background upon which the free-standing
character is mounted, The character itself shall be opaque, and thus will be silhouetted against the background.
The source of the illumination shall not be visible,
3. "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, but
designed specifically to illuminate the sign, but which itself is not visible to persons viewing the sign from any
normal position of view,
L Lot: Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this
Ordinance, and usually having its principal frontage upon a street or upon an officially approved place,
J. Lot Width - The minimum width of a lot measured at the front building line or chord length when the front of the lot
is curved
K. Monument Siqn - A permanent ground sign generally constructed out of brick, stone or cast concrete material
supported on concrete foundation across the entire base of the structure and which may have an open space
between the bottom of the sign and the ground which does not exceed one (1) foot.
eM,
L, Roof Siqn - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof
structure, and usually extending vertically above the highest portion of the roof,
Siqht Trianqle - An area of unobstructa<;f visibility on either corner of a street and/or driveway of at least twenty-
five feet in any direction,
Ord, No, 2341
5
Option "C"
e
N. Siç¡n - A displayed structure bearing lettering or symbols, generally used to identify or advertise a place of
business, product or service located or offered on the premises,
0, Siç¡n Area - The total area within the extreme perimeter of the attraction area intended to draw attention to the
sign, Supporting structures shall not be included in calculations, except for Monument Signs.
p, Siqn Heiqht - The vertical distance measured from ground level to the top of the sign, measured at its highest point
above ground level. For purposes of measurement, the average surrounding ground area shall be considered the
ground level from which the height will be determined for compliance with applicable regulations,
a. Siqn Rider - An attachment to a real estate sign "detailing" certain features of the property, such as "Four
Bedroom," "Pool," "Game Room," or the agents name.
R Temporary Siqn - A sign intended to be displayed for a short period of time only,
S, Traffic Directional Siqn - Any sign used only to control and direct traffic into or on private property, e,g" "ENTER"
or "EXIT'.
T, Wall Siqn - A sign painted on or attached to the wall surface of a building.
U. Wall Surface - The general outer surface of any main exterior wall of the building or structure not including
cornices, bay windows, or other ornamental trim,
6. Agricultural Zone Signs
.
In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof,
projecting or wall signs, except monument signs, in accordance with these regulations with exception that such
signs shall not exceed a total of one hundred (100) square feet in area and shall not exceed fifteen (15) feet in
height.
7. Sign Permit Required
No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign
structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is
specifically provided herein, No permit shall be issued until the Building Official determines that the proposed sign
is in conformance with these and any other applicable regulations. Where signs are illuminated by electric lighting
which requires permanent wiring connections, separate electrical permits shall be obtained as required by the
North Rich/and Hills Electric Code,
A. Certificate of Occupancy Required: No sign permit shall be approved unless a Certificate of Occupancy has
been issued or an application for a Certificate of Occupancy has been filed with the Building Official and said
Certificate of Occupancy is consistent with the proposed tenant.
B, Siqn Permit Application: Applications for sign permits shall be submitted on forms furnished by the Building
Official and comply with the following:
1, The permit application shall be signed by the property owner or his legal agent, and, when the applicant is
any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized
letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement.
-
2. The applicant shall submit three (3) copies of a site plan which shows the proposed sign in relation to all lot
lines and structures, or its location on the building, The Building Official may require additional information
from the applicant to determine compliance with these regulations.
3. A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load
and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the
Ord, No 234 J 6
e
-
, .
Option "G"
e
City, The current edition of the Uniform Building Code adopted by the City shall apply for the design of any
sign structure. All structural calculations and design drawings are to be signed and sealed by a professional
engineer registered in the State of Texas.
4, The name of the person, firm, corporation or association erecting the sign structure or painting the sign.
5. The site plan shall include the location and sizes of all existing signs, including photos and/or other
pertinent data when requested, which will aid in the determination of the site's conformance with these
regulations,
C. Traffic Enqineer Certification: An applicant for a sign permit may be required to submit a certification from a
qualified traffic engineer that a sign location and structure will not constitute a traffic hazard when:
1, In the opinion of the Building Official the plans and specifications indicate that the sign or sign structure
might interfere with, mislead, or confuse traffic.
2, In the opinion of the Building Official a ground sign placed on a corner lot may create a potential traffic
hazard.
0, Permit Fees: Permit fees shall be established by separate ordinance approved by the City Council.
8. Contractor Registration
As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of this Ordinance
within the corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance
with the requirements of the North Richland Hills Building Code. Each Sign Contractor shall pay an annual fee,
Said fee shall be established by separate ordinance adopted by the City Council.
9. Administration and Enforcement
For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign
regulations, Any violation of these regulations is subject to the provisions of the Penalty Clause contained herein.
A. Notification of Violation: When a ground sign or a building sign is constructed. erected, or maintained in
violation of these regulations, the property owner shall be given written notice to remove or alter the structure
so as to comply with the standards set forth in these regulations within ten (10) days after such notice. If the
permittee or property owner fails to remove or alter the structure so as to comply with the standards set forth
in these regulations within ten (10) days after such notice, such sign or advertising structure may be removed
or altered to comply by the City of North Richland Hills at the expense of the permittee or property owner. The
Building Official may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for
the property on which the sign violation is located if any owner or permittee refuses to pay the costs so
assessed,
B, Unsafe Siqns: The Building Official may require any sign or other advertising structure to be removed
immediately which is unsafe, or poses an immediate risk to the safety of persons or property at the expense of
the property owner,
C IIleqal Siqns: The Building Official shall be authorized to abate or impound any temporary sign which is in
violation of these regulations abated within twenty-four (24) hours after notice has been given.
On.!. 1";0, 2341
7
e
-
Option "C"
e
10. Table of Permitted Signs
The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs
shall be allowed or prohibited by these regulations. Signs are listed in accordance with allowable zoning districts
shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas.
Table of Permitted Signs
RESIDENTIAL DISTRICTS
NON-RESIDENTIAL DISTRICTS
Regulation
Section
Number
Permit
(YIN)
u.
(I) 0 I- ~
..- C\I M ~ c.o a) ,.....
a: a: a: a: a: a: a: a:
~ ó 5 ó ~ g ~
(\ j ~
A. Ground Signs
Major Development Signs
Monument Signs (1) (2) (3)
Pole Signs (2) (3) (4)
y 17 ~.
Y 15 . .
y 14 ..
Y 19 . . ..' .
y 20 ... -II.
. ~.
N 21
.
Subdivision Nameplate Signs
New Development Signs
Traffic Directional Signs
.
B. Building Signs
Canopy Signs
PrOiection Signs
Roof Signs
Wall Signs (5)
25
26
24
23
····liJii.
!f...' ...
.... ..fIII
~~!!........
y
y
y
y
C. Temporary Signs
Banner Signs
Construction Trade Signs (6)
Flags (7)
tj. .~Ifjj.:=,'~'=:":
... ' , . -"li.r..
..~_~ IT
...flTrTi-- .-.
·~1··
·_It...
N
N
N
N
N
Y
N
Y
32
33
34
30
31
28
29
35
...
.
Garage Sale Signs
Political Signs (8)
Portable Signs (9)
Real Estate Signs (10)
Weekend Advertising Signs
.
.
.
..
t, Monument Signs are regulated as being either single-family residential. multi-family residential, or non-residential.
2, Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships,
3. Signs in the AG district have special size and heigh! Umitations. see Section 6.
4, Additional heigh! and sign area are allowed when the Pole Sign is located within the Freeway Ovenay Zone.
5 Multi-family allowed one Wall Sign per street frontage.
6 Construction Trade Signs are regulated as either residential or non,residential.
7 Company logo nags not allowed in AG, RIS, Rt, R2. R3. R4D, R6T, R8 & MHI districts,
8, Political Signs are regulated as either AG & 'R' district signs or 'All Other district signs.
9, Portable Signs used as a Political Sign are allowed in the AG ' Agncultural zoning district.
10, Real Estate Signs are regulated as either residential or non,residential.
Ord, No, 2301 I
8
· .
Option "C"
11. Nonconforming Signs
e For purpose of these regulations, this Section shall apply to nonconforming signs, Any sign or advertising
structure which was erected prior to such time as it came within the purview of these regulations, and any
amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to
be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations:
A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or
altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review
Board, Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has
been removed, the sign area and sign height of the replacement sign shall be in accordance with the
provisions of these regulations.
B, A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value,
shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The
Building Official may require the owner of said non-conforming sign to submit two or more independent cost
estimates from established sign companies to repair or renovate the existing non-conforming sign and two
cost estimates from established sign companies to construct a new sign, including its supporting structure,
which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or
deteriorated..
12. Sign Maintenance
e
Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a
state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free
from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for
which they were originally designed. A person maintaining any sign or sign structure shall keep the ground space
within eight (8) feet measured horizontally from the base of the sign or sign structure free and clear of weeds,
rubbish and other flammable waste materials.
13. Ground Signs
Ground Signs shall be regulated as either Pole Signs, Monument Signs, Major Development Signs, Subdivision
Nameplate Signs, New Development Signs, or Traffic Directional Signs,
14. Pole Signs
The purpose of a Pole Sign is to provide advertising on a freestanding and self-supporting structure which is
attached to the ground surface with uprights or braces to elevate a message area and which has an open space
between the message area and the ground, A Pole Sign is not attached to any building, and does not utilize
another structure for its support, Pole Signs shall comply with the following additional regulations:
A. Permit: A permit shall be required for every Pole Sign,
B, Permitted Districts: Pole Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted
Signs.
-
C, Number Allowed: One (1) Pole Sign per lot shall be allowed for the first three hundred (300) feet of qualified
street frontage, Measurement of street frontage shall be from the intersection of a property line with the street
right-of-way. One (1) additional Pole Sign shall be allowed for each additional three hundred (300) feet of
qualified street frontage, or fraction thereof,
Ord, No, 2J,¡ I
9
Option "C"
.
D, Maximum Area: A Pole Sign shall not exceed the ratio of one (1) square foot of sign area for each linear foot
of qualified street frontage, and no Pole Sign shall exceed the maximum area of #H:ee ~ hundred fJGG1
(100) square feet, unless the sign qualifies for additional area when it is located within the Freeway Overlay
Zone. Furthermore, the total area of all Pole Signs shall not exceed the ratio of one (1) square foot of sign
area for each linear foot of qualified street frontage.
E, Maximum Heiqht:
1. A Pole Sign shall not exceed the maximum height of twenty-five (25) feet, unless the sign qualifies for
additional height when it is located within the Freeway Overlay Zone,
~ ~~:R~~~~~:f :r:~~~i§n £h311 net O)(oocEl 01'10 h31f of the EliE:t::moo from the E:iQA to tho ne3ro£t 3E1j:::Joent
; :~: '::::: ;' : ~: :: :::'n~~~::~a.o~ oy a~~¡og one (1) fo;:t o~ :~;: ~~::>c::~:: :.: ~ ::
:0': ï~"::, ~~":;::~ ~~:~~:';~~V~~~~r~O=~~~~~d'~;~~';o~:' ~~:;:'~=::
:::o~~~~Ei ~~f :Ct, ~OIOG' IRe .¡go q..IiÃoG for a~~¡I¡;';' A';;;;;'t :;:~~i:¿ ::: ~~~~~::
F. Siqn Location: All Pole Signs shall be situated within the increment of qualified street frontage used to
calculate the sign area. When a Pole Sign is situated near a property corner, the street frontage used to
calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming
an angle which bisects into equal parts the intersection of the two (2) adjacent property lines (see illustrations
in appendix),
.
G, Spacinq: A Pole Sign shall be a minimum of one hundred (100) feet from another Pole Sign, Monument Sign,
or Major Development Sign situated on the same lot.
H, Lots with Two Frontaqes: When a lot. tract or parcel of land abuts two (2) or more street frontages, a Pole
Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty
(50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as
prescribed herein.
I. Vehicular Protection: Every Pole Sign shall be located within a landscaped area or provided with vehicular
protection using a curb, bollards or similar device unless there is:
1, a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or
2, a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area.
J, Maximum Planter Heiqht When a Pole Sign is located at a driveway entrance, landscaping plants or planter
boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height.
K. Pole and Monument Siqn Interchanqabilitv: A Pole Sign may be used in lieu of a Monument Sign, except in
residentially zoned areas, provided that all spacing requirements are maintained, Nothing in these regulations
shall be construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the
type of sign used.
.
L. Outdoor Menu Boards: Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously
been approved for a business with drive-thru windows and under the following conditions:
1, Not more than one (1) outdoor menu board shall be allowed per drive-thru window,
2, Display area shall not exceed thirty (30) square feet.
3. The outdoor menu board lettering shall not be legible from any street.
Ord, No, 23~ I 10
Option "C"
.
M. Chanqeable Messaqe Boards: A Pole Sign may contain a changeable message board which utilizes either
electronic or changeable letters. The area of a changeable message board shall be included in calculating the
total sign area,
N. Illumination: A Pole Sign may be illuminated.
O. Material Re uirements: The su ort structure for a ole si n shall be double ole and shall be
constructed or covered with materials which match the masonry portion of the principle buildinq on
the site or shall be stone or brick. No sinq/e pole freestandinq siqns shall be allowed.
15. Monument Signs
The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shall be classified
as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with
the following regulations which are established for the three (3) divisions:
A. General Provisions Applicable to all Monument Siqns:
1. A permit shall be required for every Monument Sign,
2, Monument Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs.
.
3, When a Monument Sign is situated within an island or a driveway location at the entryway of a
development where a vehicular driving lane is located on one (1) or more sides of the Monument Sign, the
Monument Sign shall be set back a distance of fifteen (15) feet from the right-of-way line or an extension of the
right-of way line from the adjacent lots, The provisions of the Visibility Triangle contained elsewhere in these
regulations shall apply when a Monument Sign is situated on one or both sides of an entryway of a
development.
B, Sinqle-fami y Residential Monument Siqns:
4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign,
1. Number Allowed: Not more than two (2) matching Single-family Residential Monument Signs shall be
allowed at each entrance of a single-famify residential subdivision.
2. Maximum Area: A Single-family Residential Monument Sign shall not exceed fifty (50) square feet in area.
3, Maximum Height: A Single-famify Residential Monument Sign shall not exceed four (4) feet in height.
4. Illumination: Single-famify Residential Monument Signs may be illuminated,
C, Multi-famify Residential Monument Siqns:
1, Number Allowed: One (1) Multi-family Residential Monument Sign shall be allowed for each platted lot,
tract or parcel of land, for the first three hundred (300) feet of qualified street frontage, Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Multi-
family Residential Monument Sign shall be allowed for each additional three hundred (300) feet of qualified
street frontage, or fraction thereof,
.
2, Maximum Area: A Multi-famify Residential Monument Sign shall not exceed the ratio of one (1) square
foot of sign area for each two (2) feet of qualified street frontage, and no Multi-family Residential Monument
Sign shall exceed the maximum area of one hundred (100) square feet. Furthermore the total area of all
Ord, No, 2341
I (
Option "C"
.
Multi-family Residential Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each
two (2) feet of qualified street frontage.
3. Maximum Height: A Multi-family Residential Monument Sign shall not exceed six (6) feet in height.
4. Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area. When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle.
5. Spacing: A Multi-family Residential Monument Sign shall be a minimum of one hundred (100) feet from
another Multi-family Residential Monument Sign situated on the same lot.
6. Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that the street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein,
7. Illumination: Multi-family Residential Monument Signs may be illuminated,
D, Non-residential Monument Siqns:
.
1. Number Allowed: One (1) non-residential Monument Sign shall be allowed for each platted lot, tract or
parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street
frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional
Monument Sign shall be allowed for each additional three hundred (300) feet of qualified street frontage, or
fraction thereof.
2, Maximum Area: A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign
area for each two (2) feet of qualified street frontage, and no non-residential Monument Sign shall exceed the
maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential
Monument Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified
street frontage.
3, Maximum Height: A non-residential Monument Sign shall not exceed the maximum height of six (6) feet.
4, Sign Location: All Monument Signs shall be situated within and perpendicular to the increment of qualified
street frontage used to calculate the sign area, When a Monument Sign is situated near a property corner, the
street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an
imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see
illustrations in the appendix). However, on a corner lot, two Monument Signs may be attached near the
property corner, provided that the Monument Signs do not encroach any required visibility triangle.
5. Spacing: A non-residential Monument Sign shall be a minimum of one hundred (100) feet from another
non-residential Monument Sign, Pole Sign, or Major Development Sign situated on the same fat.
e
6, Lots with Two Frontages: When a lot, tract or parcel of land is situated on two (2) or more street
frontages, a Monument Sign shall be allowed for each street frontage, provided that th¿ street frontage
contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum
spacing requirements as prescribed herein.
7, Pole and Monument Sign Interchangeablility: A non-residential Monument Sign may be used in lieu of a
Pole Sign, provided that all spacing requirements are maintained. Nothing in these regulations shall be
Ord, No, 2341
12
.
.
.
Option "C"
construed so as to allow more total sign area of all Pole and Monument Signs than is allowed for the type of
sign used.
8. Changeable Message Boards: A non-residential Monument Sign may contain a changeable message
board which utilizes either electronic or changeable letters, The area of a message board shall be included in
calculating the total sign area,
9. /!/umination: A non-residential Monument Sign may be illuminated.
16. Signs for Automobile Dealerships
One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty
(150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the
Pole or Monument Sign regulations,
17. Major Development Signs
The purpose of a Major Development Sign is to identify the name of a large retaif shopping center which contains
one hundred thousand (100,000) square feet of floor area or more and to provide signage for tenants located in
the retaif shopping center. Major Development Signs shall be aI/owed onlv within the Freewav Overlav Zone
and comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Major Development Sign.
B, Permitted Districts: Major Development Signs shall be allowed in zoning districts shown in Section 10, Table
of Permitted Signs,
C, General Criteria: One Major Development Sign shall be allowed when either of the following criteria are
satisfied:
1, On a single platted lot which contains one (1) multi-occupancy building having one hundred thousand
(100,000) square feet of floor area or more, or two (2) or more buildings, with a combined total of one hundred
thousand (100,000) square feet of floor area, or more; or
2, When an attached multi-occupancy building has a combined total of one hundred thousand (100,000)
square feet of floor area, or more, and is situated on two (2) or more platted lots, A Major Development Sign
may advertise tenants located on any of these two (2) or more platted lots.
D, Considered as Bonus SiQn: A Major Development Sign shall be considered a bonus sign and shall be allowed
in addition to any other sign authorized in these regulations, provided that all spacing requirements are
satisfied.
E. Maximum Number Allowed: Nothing in these provisions shall be construed so as to allow more than one (1)
Major Development Sign for each street frontage per eligible development.
F, SpacinQ: A Major Development Sign shall be a minimum of one hundred (100) feet from a Pole Sign or
Monument Sign located on the same lot or on an adjacent lot of the same development.
G. Maximum Area: The Major Development Sign shall not exceed the ratio of 0,005 square feet of sign area for
each square foot of buifding floor area. No Major Development Sign shall exceed one thousand (1,000)
square feet of sign area.
Ord, No, 2J.¡ I
13
Option "C"
.
H. Maximum Heiqht: A Major Development Sign shall not exceed the maximum height of filly (fig} Six~five
(65) feet, oxcopt whorl tho M:Jjor DovolBpmont Sign qU:JlifieÐ for :Jddition:J1 height in tho Freoway avo I:JY
~,
I. Vehicular Protection: Every Major Development Sign shall be located within a landscaped area or provided
with vehicular protection using a curb, bollards or similar device unless there is:
1, A minimum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is
over a pedestrian area, or,
2. ' A minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign
is over a vehicular traffic area.
J, Maximum Planter Heiqht: When a Major Development Sign is located at a driveway entrance, landscaping
plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty (30) inches in
height.
K. Chanqeable Messaqe Boards: A Major Development Sign may contain a changeable message board which
utilizes either electronic or changeable letters. The area of a changeable message board shall be included in
calculating the total sign area,
L. fI/umination: A Major Development Sign may be illuminated,
18. Freeway Overlay Zone
.
There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the
right-of-way of I. H. Loop 820 and State Highway 121, A Pale Sign or Major Development Sign within the Freeway
Overlay Zone shall comply with the following additional regulations:
A Maximum Pole Siqn Heiqht: A Pole Sign located within the Freeway Overlay Zone shall not exceed sixty-five
(65) feet in height.
B. Maximum Maior Development Siqn Heiqht: A Major Development Sign located within the Freeway Overlay
Zone shall not exceed sixty-five (65) feet in height.
C, Maximum Pole Siqn Area: The maximum size of a Pole Sign located within the Freeway Overlay Zone shall
be two (2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred
(400) square feet.
19. Subdivision Nameplate Signs
The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision. Subdivision Nameplate
Signs shall comply with the following additional regulations:
A
B.
C,
. D.
Permit Required: A permit shall be required for every Subdivision Nameplate Sign,
Permitted Districts: Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 10,
Table of Permitted Signs.
Location: Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry screening wall,
Number Allowed: Not more than two (2) matching Subdivision Nameplate Signs shall be allowed at each
entrance of an "R" district sUbClivision, or a multi-family development.
Ord, No, 2341
14
.
. C,
D,
E,
F,
Option "C"
E. Maximum Area: A Subdivision Nameplate Sign shall not exceed fifty (50) square feet in area,
F, Maximum Heiqht: A Subdivision Nameplate Sign shall not extend above the fence or wall.
G. Illumination: Subdivision Nameplate Signs may be illuminated.
20. New Development Signs
The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or
a proposed new commercial development. New Development Signs shall comply with the following additional
regulations:
A. Permit Period: A permit shall be required for each New Development Sign. Permits for such signs shall be
valid for a period of one (1) year, or to the completion of the project, whichever occurs first and must be
removed prior to the expiration of the permit. The permit may be renewed each year upon payment of a new
fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision or until
the issuance of a Certificate of Occupancy by the Building Official.
B, On-site: One (1) New Development Sign shall be allowed on-site of the residential subdivision or on the site
of the commercial project. Additional on-site New Development Signs shall be allowed as follows:
1, One (1) additional New Development Sign shall be allowed on-site on a different street than the initial New
Development Sign when a residential subdivision contains two street intersections which do not intersect on
the same street.
2. One (1) additional New Development Sign shall be allowed on-site of a proposed new commercial project
when the site contains two or more street frontages.
Off-site: One (1) New Development Sign shall be allowed off-site which may be located in any Commercial,
Industrial, or Office Zoning District, or on unplatted vacant property,
Maximum Heiqht: A New Development Sign shall not exceed fifteen (15) feet in height.
Maximum Area: A New Development Sign shall not exceed one-hundred (100) square feet in area,
Illumination: A New Development Sign may be illuminated,
21. Traffic Directional Signs
A.
B,
C,
D,
e
E.
Ord, No, 2341
The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by
identifying the vehicle entrance or exit. Traffic Directional Signs shall comply with the following additional
regulations:
A permit shall not be required for a Traffic Directional Sign.
Traffic Directional Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs,
One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a
traffic hazard.
A Traffic Directional Sign shall not exceed two (2) square feet in area. However, a Traffic Directional Sign
located behind a building set-back line shall not exceed six (6) square feet in area,
Traffic Directional Signs may pertain to either vehicular or pedestrian traffic,
15
Option "e"
.
F, Traffic Directional Signs may include a company name and logo,
G, A Traffic Directional Sign may be illuminated.
22. Building Signs
Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projection Signs.
23. Wall Signs
The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure, For the
purpose of these regulations, a sign attached to a mansard roof which has a 1: 1 slope, or more, shall be
regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning-
like structure and does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is
attached shall be regulated as a Wall Sign. Wall Signs shall comply with the following additional regulations:
A. Permit Required: A permit shall be required for every Wall Sign. A separate permit shall be required for any
awning.
B. Permitted Districts: Wall Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted
Signs,
.
C, Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs
on each wall surface shall not exceed twenty-five (25) percent of the total wall area. For purposes of these
regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a
multi-occupancy structure.
D, Multi-familv Developments: Wall Signs for multi-family developments are limited to one (1) Wall Sign for each
street frontage and a maximum area of fifty (50) square feet.
E. Maximum Proiection: A Wall Sign shall not project more than eighteen (18") inches from the surface upon
which it is attached, However, the upper edge of a Wall Sign mounted on a mansard roof may project more
than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the
apparent roof line of the building,
F. No Proiection Above Roof Line: Except for signs attached to a mansard roof, all Wall Signs shall be placed flat
against the wall of a building and shall not project above the parapet wall. the apparent flat roof, eaves line of
the building, or extend beyond the side wall of the building.
G. Illumination: A Wall Sign may be illuminated,
24. Roof Signs
The purpose of a Roof Sign is to provide advertising on the roof area of a structure. A Sign attached to a
mansard roof which has less than a 1: 1 slope shall be regulated as a Roof Sign, Roof Signs shall comply with
the following additional regulations:
A. A permit shall be required for every Roof Sign,
_ B. Roof Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs.
C, One (1) Roof Sign shall be aHòwed for each lot. However. no lot shall have a Roof Sign in combination with a
Wall Sign, Canopy Sign or Projection Sign.
Ord, No, 2341 16
Option "C"
e
D. A Roof Sign shall not project horizontally over the edge of the roof or eaves and the lower edge of a Roof Sign
shall not exceed eighteen (18) inches above the apparent flat roof line.
E. A Roof Sign shall not exceed fifty (50) square feet in area.
F, The height of a Roof Sign shall not exceed ten (10) feet above the apparent flat roof or eaves line,
G, A Roof Sign may be illuminated,
25. Canopy Signs
The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these
regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall
surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign, Canopy Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Canopy Sign. A separate building permit shall be required for the
construction of the canopy.
8. Canopy Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted.
C, A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy,
D. A Canopy Sign shall not extend beyond the width or project above the top of the canopy.
. E, A Canopy Sign may be illuminated.
F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy,
nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular
maneuvering area.
G, When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be
allowed and are exempt from any permit requirements. However, such signs shall not exceed four (4) square
feet in area,
26. Projection Signs
A Projection Sign is a sign in which the message area is perpendicular to the wall of the building, Projection Signs
shall comply with the following additional regulations:
A. A permit shall be required for every Projection Sign.
8, Projection Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs,
C. One (1) Projection 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 Projection Sign in combination with a Wall Sign, Roof
Sign, or Canopy Sign,
-
0, A Projection Sign shall not exceed twenty-five (25) 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,
E, Projection Signs shall not project over any property line or right-of-way fine.
Ord, No, 234'
17
Option "C"
e
F, A Projection Sign shall not project more than four (4) feet from any wall facing and shall not extend above the
apparent roof line of the building,
G, Every Projection 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
H, A Projection Sign may be illuminated.
27. Temporary Signs
Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political
Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs,
28. Portable Signs
A. A permit shall be required for every Portable Sign,
B, Portable Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs.
C. A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the
premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of
Occupancy has been previously issued by the Building Official.
.
D. The Portable Sign structure must be removed from the premises upon expiration of the permit. Removal of
the letters from the sign board does not constitute removal of the sign.
E, A Portable Sign shall not be displayed for more than thirty (30) consecutive days,
F, No more than three (3) portable sign permits per year shall be issued to a business. Consecutive permitting
shall be prohibited, There shall be a forty-five (45) day period between permitting. A Portable Sign erected in
conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph.
G, A Portable Sign shall not exceed fifty (50) square feet in area,
H. A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard,
I. A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required
loading zone,
J, A Portable Sign shall not be placed in any location that blocks the view of any ground sign.
K. A Portable Sign shall be a minimum of one hundred (100) feet from another Portable Sign situated on the
same lot.
L. A Portable Sign may advertise one or more businesses located on the same lot.
M, A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which
shall be the same information as shown on the Contractor Registration on file with the City. Any sign not
containing current information shall be declared an iffegal sign.
-
N, Portable Siqns for Civic And Reliqious Orqanizations: Two Portable Signs advertising events of public
sChools,-private schools, non-profit civic organizations and religious organizations shall be allowed upon
approval of a permit. Such permit shall be at no cost.
Ord, No, 2341
18
.
.
e
Option "C"
29. Real Estate Signs
The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings considered as
real property. Real Estate Signs shall be classified as either residential or non-residential. Every Real Estate Sign
shall comply with the following additional regulations:
A. General Provisions Applicable to all Real Estate Siems:
1. A permit shall not be required for a Real Estate Sign.
2,' Real Estate Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs.
3, Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the
property advertised.
8. Residential Real Estate Siqns: One (1) Residential Real Estate Sign shall be allowed for each street frontage
in a residential zoning district, subject to the following regulations:
1, The Residential Real Estate Sign shall be placed on the property offered for sale or rental.
2. The primary area of the Residential Real Estate Sign shall not exceed six (6) square feet, exclusive of the
pole. The Real Estate Sign shall have no more than six (6) "sign riders",
3, No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height.
4, A Residential Real Estate Sign shall be not be illuminated,
5, In addition to a Residential Real Estate Sign, one (1) "Open House" and one (1) "Model Home" sign shall
be allowed on the property offered. The size and area shall not exceed that of a Residential Construction
Trade Sign,
6, "Open House" signs and "Model Home" signs displayed off-premises shall be allowed when the advertiser
and the sign conforms to the regulations for Weekend Advertising Signs contained in this Ordinanc,
C, Non-residential Real Estate Siqns: One (1) Non-residential Real Estate Sign shall be allowed for each street
frontage on any multi-family or nonresidential commercial property, and shall comply with the following
additional regulations:
1. The Non-residential Real Estate Sign shall be placed on the property offered for safe or rental.
2. A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area,
3, A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height.
4. A Non-residential Real Estate Sign shall not be illuminated.
5. A Non-residential Real Estate Sign shall be a minimum of twenty (20) feet behind any curb or edge of
pavement.
6, In addition to a Non-residential Real Estate Sign, one (1) "Open House" sign shall be allowed on the
property offered. The size and area shall not exceed that of a Non-residential Real Estate Sign.
7, "Open House" signs displayed off-premises shall be allowed when the advertiser and the sign conforms to
the regulations for Weekend Advertising Signs contained in this Ordinance.
Ord, No, 2341
19
Option "C"
30. Garage Sale Signs
e
A. A permit shall not be required for any Garage Sale Sign,
B, Garage Sale Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs when in
conjunction with an approved garage sale permit.
C, Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in
conjunction with an approved garage sale permit at a place of residence.
O. Garage Sale Signs shall be located on private property only. Garage Sale Signs shall not be allowed on any
public property, right-of-way, or utility, light, traffic signal or sign pole.
E. Garage Sale Signs shall not exceed six (6) square feet in area.
F. Garage Sale Signs shall not exceed three (3) feet in height.
G. Garage Sale Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be
removed within twenty-four (24) hours following the end of the sale.
H, Garage Sale Signs shall not be iffuminated,
31. Political Signs
.
The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue
being considered for public referendum. Political Signs shall comply with the following additional regulations:
A. No permit shall be required for any Political Sign.
B, Political Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs.
C. Political signs shall not be located on any utility, light, traffic signal or sign pole,
0, Political signs shall be allowed for a period of thirty (30) days prior to local or county elections, sixty (60) days
prior to a state election and ninety (90) days prior to a national election. All political signs shall be removed no
later than seven (7) days after the election or after the termination of candidacy, whichever occurs first.
E, AG and "R" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not
exceed three (3) feet above grade in the AG and all "R" zoning districts,
F. All Other Districts Political Signs shall not exceed fifty (50) square feet in area and the height shall not
exceed six (6) feet above grade in all zoning districts except in the AG and all "R" districts,
G. Political Signs shall not be located so as to cause a safety or traffic hazard.
H, A Political Sign shall not be illuminated,
32. Banner Signs
The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages.
_ Banner Signs shall comply with the following additional regulations:
A. A permit shall not be required for a Banner Sign,
Ord, No, 2341
20
Option "C"
B,
e c.
D.
E.
F.
G,
H.
Banner Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs,
One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi-
occupancy structure.
A Banner Sign shall not exceed fifty (50) square feet in area,
Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or
eaves line.
Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads in accordance with the Uniform Building Code.
A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days.
In conjunction with the Grand Opening Signage provisions of this Ordinance, one additional oversized banner
shall be allowed on the front or side of a building structure for each street frontage of a business holding a
Certificate of Occupancy, The maximum size of the additional banner(s) shall not exceed twenty-five (25)
percent of the wall area on which the banner is attached and may be displayed for a period of thirty (30) days,
.
I. Developments with a parking lot containing more than sixty-five thousand (65.000) square feet may erect color
coded banners for the purpose of aiding patrons in locating their parked vehicles. Such banners shall be
located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty-
five thousand (65.000) square feet of parking area. Such banners shall be entitled to have a logo or symbol
identifying the establishment. The total size of each such color coded banner shall not exceed thirty-six (36)
square feet and the banner shall not be less than three (3) feet in width nor more than twelve (12) feet in
length or greater than twenty (20) percent of the surface height of the pole to which it is to be attached.
33. Construction Trade Signs
The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction
companies working at a construction site, For purposes of these regulations, a sign which advertises the financial
lending institution shall be considered a Construction Trade Sign. Construction Trade Signs shall be regulated as
either Residential Construction Trade Signs or Non-residential Construction Trade Signs,
A. No permit shall be required for any Construction Trade Sign.
B. Construction Trade Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs,
C, Residential Construction Trade Signs shall comply with the following:
1, Residential Construction Trade Signs shall only be allowed in residential zoning districts,
2, Residential Construction Trade Signs shall not exceed six (6) square feet in area,
3, Residential Construction Trade Signs shall not exceed three (3) feet in overall height.
4. The signs shall be placed on the property where building activity is taking place,
5, A Residential Construction Trade Sign shall not be illuminated,
6. The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy.
D, Non-residential Construction Trade Signs shall comply with the following:
e
1. Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts,
2. Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area,
3, Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height.
4, The signs shall be placed-on the property where building activity is taking place.
5. A Non-residential Construction Trade Sign shall not be illuminated.
Ord, No, 2341 21
e
.
e
Option "C"
6. The signs shall be removed within thirty (30) days following the issuance of a Certificate of Occupancy,
34. Flags
Flags shall comply with the following additional regulations:
A. A permit shall not be required for any Flag. A permit shall be required for a flag pole which exceeds twenty
(20) feet in height above the ground,
8. United States and State Flags shall be allowed in all zoning districts,
C, Company logo flags shall be allowed in all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T,
and R-B districts.
D. Company logo flags shall not exceed one hundred (100) square feet in area, and if flown in conjunction with
United States and Texas Flags, shall not exceed area of United States and Texas flags.
E. Maximum Height A flag shall not be flown at a height which exceeds the following:
1. Twenty (20) feet in the R-7-MF zoning district.
2, Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6- T, and R-B zoning districts.
35. Weekend Advertising Sign
The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential
properties in North Richland Hills.
A. Registration A builder, developer, or Realtor must be registered with the City of North Richland Hills to be
eligible to participate as a weekend advertiser. The annual fee shall be paid and/or renewed during the month
of January each year.
8, Schedule Signs shall be allowed between 12:00 p.m. Friday and 12:00 p.m, Monday, A holiday falling on
Friday or Monday will be considered as part of the weekend.
C, Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three (3) feet above grade.
D. Spacing of Signs Signs for one advertiser shall be at least two hundred (200) feet apart,
E. Sign Location Individual sign locations shall adhere to the following criteria,
1. It shall be the responsibifity of the buifder, owner, or Realtor to secure permission of the adjacent property
owner for placement of the signs on private property. This policy does not grant unlimited access and use of
the City right-of-way.
2. Signs may be placed in street right-of-way, but no closer than three (3) feet from the edge of the sign to the
street curb or edge of pavement Signs shall not encroach either the sidewalk or the street
3, No sign shall be placed in a visibility sight triangle as defined in this Ordinance,
4. Signs shall not be located within a street median,
F, Sign Construction and Criteria Signs shall be rigid. two dimensional displays that advertise residential
property, "For Sale, Lease 01'0pen House", guiding the public to a specific location in North Richland Hills.
Ord, No, 23-11
22
·
e
e
Option "C"
36. Grand Opening Signage
The purpose of Grand Opening Signage is intended to allow a new business, or a business which has
substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually
allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is
allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-0, R-1-S, R-6-T, R-7-MF, R-8, and
the U Districts. The following regulations contained within this subsection apply to Grand Opening Signage.
A. Upon the issuance of a Certificate of Occupancy and within a 180 calendar day period thereafter, a business
shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection
when one of the following conditions applies:
1. When the Certificate of Occupancy has been issued to a new business, which may not be of the same
business classification type listed in Section 310, Table of Land Uses, Zoning Ordinance of the City of North
Richland Hills, which existed previously for the same address location, unless the prior business has been
closed for a thirty (30) day period, or longer, or
2. When a Certificate of Occupancy has been issued to an existing business, which has 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.
B. Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period
of thirty (30) consecutive calendar days, The Grand Opening Signage permit is limited to the address noted
on the Certificate of Occupancy and shall comply with the following requirements:
1. Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs &
balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the
provisions of this Ordinance.
2, A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section
36,C.
3, Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section
32,
4, Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section
36,E,
5. Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions
of Section 36.0,
6, One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of
Section 28,
7, Grand Opening signage shall be contained within the limits of the property of the legal business on which a
Certificate of Occupancy has been issued and shall not extend into the City right-of-way. Signage shall not be
located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated
signs or electrical fixtures,
8. No permit fee shall be required for a Grand Opening Signage Permit.
C. Searchliqhts: Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision
contained in these regulations. A searchlight may be used provided the following regulations are satisfied:
Ord, No, 2341
23
e
.
--
Option "C"
1. Any searchlight shall be located on private property of the premises and not on any public right-of-way.
The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of
thirty (30) degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises shall not exceed a total of one
thousand six hundred (1600) million foot candlepower. No more than four (4) beams of light may be projected
from any premises,
3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed
at any portion of the traveled ways or adjoining property. No light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle.
4. No searchlight may be operated between the hours of 11 :00 p.m, and 7:00 a,m,
D. Inflatable SiQns and Balloons: Inflatable Signs and Balloons, including lighter-than-air balloons connected
with a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in
these regulations, Inflatable Signs and Balloons may be used provided the following regulations are satisfied:
1. Not more than one Inflatable Sign or Balloon shall be allowed on any premises,
2. Inflatable Signs and Balloons when placed on a building may not exceed twenty-five (25) feet in height
above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering,
3. Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five (25) feet in height
above the ground level and shall not obstruct visibility necessary for safe traffic maneuvering.
4, Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum
distance equal to the height of the balloon.
5, Inffatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire.
6, Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner
to withstand wind loads,
E. Pennants: Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions
contained in these regulations, Pennants may be used provided the following regulations are satisfied:
1, All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire
lane,
2. All Pennants shall maintain five (5) feet of clearance from any overhead electrical wire.
3, All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind
loads,
4, Pennants shall not be attached to any utility or traffic control device pole located within a right-of-way or
project into a street right-of-way,
37. Sign Review Board
A. Creatio~: There is her:by created ~ Sign Re~iew Board com:itiRg of five members 3ns PNO 3ltern~tos, o3ch to
bo 3ppomtod by :J m3jenty of tho City COl::lnc:;¡1 for :3 term Qf two YC::Irs ::IRd romo'/::Iblo for 6iH:I5e-.eHRC
~p~ointing. 3l:Jthority en ~ writtOFl ch3rgc 3fter 3 3l::1l3lic h03ring. It is the dCG!::Ir~~ 3~licy of the City COI:iA.Cil th-3t
~;~~~ ~~~r 3F1e1 3 3 38mt eRly those 3crsons who h::lvo eemonstr::lted thclr GI\'IG Intore&t, geAeF31-kf!~~¡. ee~
of the G~mmUniÞ¡, iFlds 3enden-t jwdgment, :ms ::I\'3il3l3ility to pre :JQro for :mel ::Ittend mecting&, For the purpose
Ord, No. 2341
24
Option "C"
e
of this Ordinance the North Richland Hills Zoning BO:lrd of Adjustment City Council shall serve as the Sign
Review Board.
B, ~::~: ~~ Offioo: Tho mombors sh:lll sorlO for :I poriod of tv.'o Yo:lrs :lnd until their succossors :Ire duly
:lppointod. QU3lifiod BO:lrd mombors may bo :lppointod to succeed thomsolvoG.
C, '3c:lnOY: V:lc:lnoios Sh311 bo fillod for unoxµirod torms. A v:lc:lncy in :I torm of offioe Sf~l~~~~~ whenovor
the City COl::lnE..j finds th:lt mombor h:ls rm:ignod, h:ls not m:lint:line8 tho qL:J:llific:ltions---_,_~-__..er
:lppeintmont or h:ls boon romovod by City Council for C:lUSO,
0, OrCl?niz3tion:, T~o 80:lrd 51:1311 ele~t:l oh~irm:ln k'sm :lmong its mOFRbors to prosido ~t :~~i:~~~, =
ch3Irm:m, or In hIs :Ibsen co, :In 3ctlng ch:llrm:ln olocted fr~m :lFRong t.he members, m ~___'~~:::; ~s :lnd
~~:~h~ :lttond:lnoo of wltnessos, The 80:lrd sh:lll deslgn:lte tho time :lnd 131:100 of Its rnc-,~= -TTte
8~:lr8 s~:lII :leopt ,rL:Jlos t? gover~ its proooedings, µrovided howover, th:lt such, rules :Ire :;~~s~~~t~~te:~
~:I~ :~~~~co sr Incomm:tent "'11th tho st:ltutos of the St:lte of Tex:ls. .^.II meetings of tho __~,_____.__ __ _,__
te tJ:¡o publlo.
éª, Meetinqs and Quorum: Four members of the Board shall constitute a quorum for the conduct of business,
The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve
without compensation. Minutes shall be kept showing the vote of each member on each question or the
absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained
for at least five years.
¡;.~, Jurisdiction: The Sign Review Board shall have the right to inspect premises where required in the discharge
of their responsibilities under this ordinance. The Sign Review Board. in specific cases, may authorize or order
the following:
'e
1. Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement,
decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall
establish firm guidelines for future administrative actions on like matters,
2. Permits for Nonconformities: To authorize a building permit for the reconstruction, extension, or
enlargement of a non-conforming sign,
3, Discontinuance of nonconformities: To require discontinuance of non-conforming sign under the authority
provided in the Texas Local Government Code,
4. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as
will not be contrary to the public interest and where, because of special conditions, the enforcement of the
Ordinance would result in an unnecessary hardship,
0, Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a
certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or
Board of the City affected by a decision of the City Enforcement Officer. Such appeal shall be taken within
fifteen (15) days time after the decision has been rendered, by filing with the Enforcement Officer a notice of
appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all papers
constituting the record upon which the action being appealed was taken,
E. Application: Before any request for an interpretation or a variance from this Ordinance will be heard by the
Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon
the forms prescribed by the City of North Richland Hills. Such application shall included, but is not limited to,
the following:
e
1, the name, address, and phone numbers of the property;
2, the name, address, and phone numbers of the owner's agent, if applicable;
3. the legal description of the property;
Ord, No, ~).¡ I
25
-
-
.
Option "C"
4, a brief description of the variance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property,
The applicant must provide proof of ownership of the property, or a letter from the owner of the property
granting the applicant permission to request the variance.
F. Fees: Every application for a variance shall be accompanied by a filing fee as follows: Residential $100.00
and Non-residential $175.00,
G, Stav of Proceedinqs: An appeal shall stay all proceedings of the action appealed from unless the City
Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board that a stay
would, in the opinion of the City Enforcement Officer, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or by a court of record.
H, Form of Appeal or Application: An appeal or application shall be in such form and contain such information as
the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An
incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board
and shall not be reviewed or scheduled for hearings until brought to completion.
I. Notice of Hearinq: Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property shall be sent to all owners of real property
lying within two hundred feet of any property on which the variance is requested, The notice of hearing shall
be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such
notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before
the date set for a hearing before the Sign Review Board, Notice of hearing shall also be given by publication
in the official newspaper of the city at least ten days before the date before the date set for a hearing before
the Sign Review Board, Such notice shall state the time and place of such hearing, and the nature of the
subject to be considered.
J. Hearinq:
1, Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence
supporting the granting or denial of an appeal shall be submitted only through the City Enforcement Officer or
to the Board in public meeting,
2, Any appeal or application may be withdrawn upon written notice to the City Enforcement Officer.
3, The Board shall make its decision on any application within forty-five days from the time the initial hearing
is held or the application will be deemed to have been denied,
K, Decision and Votinq:
1. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be
supported in the record of proceedings, The Board may act only in matters as specifically authorized by
theses regulations and these regulations shall be construed as limitations on the power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of these
regulations, or to effect changes in the zoning districts, The powers of the Board shall be so applied that the
terms of these regulations will be strictly enforced,
3, The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement,
decision or determination of the City Enforcement Officer; to approve any variance that the Board is
empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or
lot.
Ord, No, 2J~ J
26
Option "C"
e
4. A member shall disqualify himself from voting whenever he has a personal or monetary interest in the
property under appeal, or will be directly affected by the decision of the Board.
5, A member may disqualify himself from voting whenever any applicant, or his agent, has sought to
influence the member's vote on the appeal other than in the public hearing,
6, The decision of the Board shall be final.
L. Approval of ReQUest:
1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in
connection therewith in order to secure substantially the objectives of the regulation or provision to which such
variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in
which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that
conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction
permits within sixty days after the Board's decision unless a greater time is requested in the application and is
authorized by the Board, Any approval may be granted one emergency extension of sixty days on written
request filed with the Board before expiration of the original approval. Failure of the applicant to apply for
occupancy of construction permits within the authorized time period shall void the right to secure such permits
except upon the filing of a new application or appeal.
e
M. Denial of Request: No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds:
1, That new plans materially change the nature of the request, or
2, The permitted development of other nearby property in the same zone has been substantially altered or
changed by a ruling of the Board so as to support an allegation of changed conditions,
II.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any other sign regulation of the
City of North Richland Hills, Texas,
III.
Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated. he shall, when
necessary, give notice to the person responsible to cease such violations forthwith,
B Written notice may be delivered in person or by mail to a violator or to any person in charge of property where
a violation is occurring, Verbal notice may be given to a violator in person by the City Enforcement Officer or
his deputy, Either notice shall be effective,
C, In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum
e requirements adopted for the promotion of public health, safety, morals and general welfare,
Onj :\0 23-1 I
27
,.
Option "C"
e
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher
standards as determined by the City Enforcement Officer shall govern,
IV.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor,
and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense. Each
day such violation continues to exist shall constitute a separate offense,
V.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
VI.
Effective Date
e This ordinance shall be in full force and effect from and after its passage,
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF SEPTEMBER. 1998.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
.
Attorney for the City
Ord, No, 2341
28
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/28/98
Subject: Approve Alley Abandonment for Richland Oaks Addition. Agenda Number: GN 98-119
Block H and Block J - Ordinance No. 2334
On February 23, 1998, Council approved the replat of Lot H1, Block H, Richland Oaks
Addition into Lots 1 & 2, Block H, Richland Oaks Addition, PS 97-62. Marcus Cable, the
owner of Lot 2, is building a cable relay station. Marcus Van Y is the owner of Lot 1; he
doesn't have plans to build at this time,
There is a 20 foot-wide public alley between Block H and Block J of Richland Oaks
Addition, This alley was dedicated as part of the original Richland Oaks plat on February
8, 1959. Block J is comprised of 5 residential properties on Jerri Jo between Wyoming
Trail and Eldorado Drive.
During discussion of approving the replat at the 2-23-98 Council Meeting, a question arose
as to whether the 20 foot alley should continue to be owned by the City. Although there is
a 6-inch sanitary sewer main running through the alley, the City has no other use for it.
Therefore, we have gone through the necessary steps to vacate and abandon ownership
of the alley to the adjacent owners. Each of the eight property owners was contacted and
all but one (Marcus Cable) is willing to be deeded a portion of the alley adjacent to their
property, Each of the seven remaining owners is willing to pay a nominal fee of either
$50.00 or $65.00, The two property owners behind Marcus Cable will each pay $65.00 for
the entire portion of the alley adjacent to their property,
Surveys and Special Warranty Deeds have been prepared for the seven parcels. The City
would retain the entire 20 feet as a drainage and utility easement to accommodate the 6-
inch sanitary sewer main.
Recommendation: Approve Ordinance No. 2334 and authorize the Mayor to execute the
Special Warranty Deeds to the seven property owners.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
')
Account Number
Sufficient Funds AvallaDle
~
Finance Director
Page 1 of
·
·
·
ORDINANCE NO. 2334
WHEREAS, Blocks H & J, Richland Oaks Addition were platted in the City of
North Richland Hills on February 8, 1959 and recorded in Volume 388-14, Page 83, Plat
Records of Tarrant County, Texas; and
WHEREAS, a 20 foot-wide alley between Blocks H & J was dedicated on the
above-described plat to the City of North Richland Hills; and
WHEREAS, the City Council finds that the 20 foot alley is no longer needed for
public purposes and should be vacated; and
WHEREAS, the 20 foot-wide alley being vacated by this ordinance has been
surveyed and divided by metes and bounds descriptions into 7 separate parcels
identified as Parcels 1 through 7 in Special Warranty Deeds from the City of North
Richland Hills to the adjacent property owners or to persons who are purchasing said
parcel from the City when the adjacent property owner did not wish to acquire title to
such vacated tract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The dedication of the 20 foot-wide alley on the plat for Blocks H & J, Richland
Oaks Addition as set out above, be and is hereby vacated. The City retains a drainage
and utility easement over, under and through the entire said 20 foot-wide alley.
2.
The Mayor be and is hereby authorized to execute Special Warranty Deeds from
the City to the following persons:
1. Parcel 1 to Randall Scott Barfield
2. Parcel 2 to Richard and Anita Squyres
3. Parcel 3 to Sinan Selman and Fawzi Jasim
4. Parcel 4 to Jurgen R. Shepard
5. Parcel 5 to Paul and Wendelyn Mandt
6. Parcel 6 to Jim Riscky
7, Parcel 7 to Gaylord T. Van Y
.
.
.
PASSED AND APPROVED this 28th day of September, 1998,
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
'c ens, P.E., Public Works Director
::E
~-'
...",<
Z~'"
cn::S~~w
-<~L.o.ILUZ
ö........uo
......Z
~-
"'0
o
u
_ NORTH
HARWOOD
"
8
'-55 "<:
C
ß~~
~~ ¡l.L¡(EI<
C.'II
I 5 165
V
3
U
:¿
10 .
.
" ----- -----..
--------
ALLEY TO BE ABANDONE
. 20
2J
22
21
. . 20
"
10 .. "
....
U
\I Z 11
5i
0
12 '~ "
IJ 1~
.. ,.
.
TR.I "
1.47.
,.,
,...
TR 11n
~JO 0
w
. ,. ,.
2 , I. ..
, .
IJ t.
20
A
12 20
2'
" 21 ..
22
'"
...
'~ '
>
'"
· 'Z
'"
Q
0 '"
Q 2J '"
~ :JI
':JI
0 ::>
:3 20 ~
. ....
2~
...
21
27 -'''' ~.
2. rlL
. 21
. JO .
I """
.. ,.....
, J'
i..
2'
..
2.
10 ,
27
"
2.
INDIA TR....
29
JO
JI
J2
..
"" .
,.,
11..~1. ..c
I.
JJI .
/
mN:T 14:.
'I'1I.ACT '4'
MAtt
£:151
tJoR1fl c#
13
.
Summary of Text Changed for Landscaping Regulations - Option "B"
1. Page 4, Section I - changed the words "Paragraph G" to "Paragraph J" in
the second paragraph.
2. Page 4, Section 1,1 - changed 'Table 10-A" to "Table 1".
3. Page 4, Section 1,1 - changed "Table 1" to "Table 2".
4. Page 6, Section G - Changed the designation of this paragraph from "G"
to "J".
5. Page 8, Section 1 - changed the designation of this paragraph from "I" to
UK".
6. Page 8, Section 3, changed the Landscape Review Board language to
allow the City Council to serve in that capacity. Deleted paragraphs B, C
& D which addressed terms of office, filling vacancies and organization.
Changed the remaining paragraphs "E - P" in Section 3 to reflect the new
notation.
.
.
, -
.
.
.
Option "8"
ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR
VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
I.
THA T, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULA TrONS
1. Landscaping Regulations
A Purpose - These landscaping regulations provide standards and criteria for new landscaping with
live plant material, and are intended to promote the value of property, enhance the general
welfare, improve the physical appearance of the City, and enhance the community's ecological,
environmental and aesthetic qualities,
1. It is the intent of this Section to establish requirements for the installation and maintenance of
landscaping and buffering elements and other means of site improvement on existing and newly
developed property in order to enhance the community's ecological, environmental and aesthetic
qualities,
2, It is the intent of this Section to reduce the negative effects of increases in air temperatures,
glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated
surfaces within the urban environment.
3, It is the intent of this Section to preserve and improve the natural urban environment by
recognizing that the use of landscaping elements can contribute to the processes of air
Ord, No, 2340
Page I
Option "8"
.
purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the
abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and protect public and
private investment.
8. Applicability - The provisions of the Landscaping Regulations contained in this Section shall apply
in the following situations:
1. When an existing building is proposed for remodeling, alteration, addition, or expansion, in
which the value of the proposed construction exceeds seventy-five percent of the current
appraised value of the existing structures, excluding the value of the land; or,
2, When an existing building is proposed for an addition that will increase the square footage of
the existing building by thirty percent or greater; or,
3, Upon all new construction; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
C, General Criteria
.
1. The standards contained in this Section are considered minimum standards and shall apply to
the following zoning districts: MH1 (when containing two or more dwelling units); R-7-MF Multi-
Family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2
Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium
Industrial District; and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buifdings shall be exempt from the
requirements of this Section.
2. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A
Certificate of Occupancy will be issued only when it is determined by the Enforcing Officer that all
landscaping has been installed in accordance with the approved Landscape Plan, If it is
determined by the Enforcing Officer that planting of live material is hindered by adverse weather
conditions, an extension of time may be granted for a period of up to six months.
3. The landscaped area shall not be used for parking, the display or storage of merchandise, or
any structure requiring a permit, except for permanent signs.
D. Landscape Plan Required - When an application is submitted for a building permit on any site
where these Landscape Regulations are applicable, the building permit application shall be
accompanied by a Landscape Plan. The Enforcing Officer shall review the Landscape Plan to
determine compliance with these Landscape Regulations. The Landscape Plan shall include
sufficient information to determine compliance with this Section, and shall as a minimum contain
the following information:
--
1, The date, scale, north arrow, title, and name of owner,
2. A minimum scale of not less than one-inch equals twenty feet.
3, All existing and proposed buildings and other structures. paved areas. planted areas, power
poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be
added and/or retained on the site.
4, The location and height of all trees to be preserved or retained.
5. The location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features.
Ord, No, 2340
P:J.g~ 2
Option "8"
.
6, A delineation of the designated landscaped area
7. A list of the species of all plant material to be used.
8, A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate,
10. The layout and description of irrigation system,
11. The name, address, and telephone number of the person or firm responsible for the
preparation of the Landscape Plan.
E. ReCluircs L::mdsc::lpcs Nc;) - Evcry J'}1::Ittes lot, ::IS rC!EfI:Jirod by this SOEJtien, sh::lIl pre'~~e ;)
I3nds()::Ipoel orca ÐEfl:liv::Ilont to fiftOOA ¡:¡orcoAt (15~q of tho tot::lll::lA8 ::Irc3 ef the let. !o-Jjth #lc
oxcoptien ef tho R 7 MF Distrist, ::It Icast one f:!::Ilf of tho rSEfl::liroel tQt::lllJA8Sc3POel 3r~ sh::¡. 1 bo
~~:::C~i~ tho stroot Y::In:is. .^.II §round Sl::lrf::¡cos net usod fer BLJilelings, sidoWJlks, re3dNayG,-ef
othcr impormo::lblo surf::lCOS &h::lll EO co'/oros with live gr::ls&, turf, shrubbory, troes, ;r~~;d c~or,
flo'tJorin§ pl::lnts or ::I¡:¡proprÏ3te mulEJhing,
E. Landscape Area Percentaqe - An area not less than fifteen (15%) of the
total lot area shall be landscaped. No area shall be maintained with bare
soil. All qround surfaces not used for buildinqs. sidewalks. roadwavs. or
other impermeable surfaces shall be covered with live qrass. turf.
shrubberv. trees. qround cover. fIowerinqp/ants or appropriate mulching
and on Iv those areas with live plant materials shall be included in the
calculation for determininq compliance with the percentaqe of lot
coveraqe. The required landscaped area shall be located in the street vard.
.
F. Landscape Setback - There shall be a landscape setback area havinq a
minimum width of ten (10) feet adjacent to all public street riqhts-of-wav in
which there shall be no buildings or pavinq. except for drivewav access.
sidewalks. or trails that cross the landscaped edqe. Roof overhanqs and
awninqs are permitted within this area as lonq as no conflict exists with the
required landscapinq. Loadinq areas. outside storaqe and outside display
areas shall not encroach into the landscape setback.
G. Landscapinq Alonq Street Riqht-of Wav - A landscaped edqe shall be
provided adjacent to all streets and shall contain qrass. qround covers.
shrubs. trees or anv combination thereof. as provided herein. Within the
landscaped edqe. one (1) 2" caliper tree shall be planted per three hundred
(300) square feet. or increment. of landscaped edqe. Existinq trees
situated within the landscaped edqe mav be included in this calculation.
Ten (10) shrubs. two (2') foot in heiqht minimum. shall be planted per 300
square feet of landscaped edge. The number of required trees and shrubs
shall be calculated solev on the area of the required landscaped edqe.
--
H. Parkinq Lot Screening - Parking and maneuverinq areas which are not
screened bv on-site buiildinqs or fences shall be screened from view of
public streets as follows:
1. Screeninq shall be a minimum height of twentv-four (24) inches above
the qrade of the parking lot alonq the entire lenqth of the parkinq and
Ord, No, 2340
Pag.: J
Option "B"
.
maneuverinq area and provide a solid screeninq barrier usinq one, or a
combination, of the followinq:
a. Screeninq shrubs
b. Walls
c. Berms
2. Screeninq shrubs shall be spaced a maximum of three (3) feet on center
and shall be capable of reachinq a minimum heiqht of twentY-four (24)
inches within eiqhteen (18) months of p/antinq.
3. This landscapinq shall occur adiacent to the parkinq or maneuverinq
area.
4. Wall structures shall be masonry. There shall be a contiuous concrete
mowedqe with a minimum of twelve (12) inches on the side of a wall
facinq the street riqht-of-way and be constructed to the standards in the
Public Works Desiqn Manual.
5. Wheel stops shall be provided for parkinq spaces adiacent to a
landscaped area to prohibit any car overhanq over the p/antinq area.
Wheel stops shall be located twenty-four (24) inches from the end of the
parkinq area. Shrubs planted a minimum of thirty-six (36") behind a
curbed area shall be exempt from the wheel stop requirement.
6. The maximum slope of any berm shall not exceed 1:3 (one foot rise to
three feet of run) and shall be entirely veqetated with live plant
materials.
7. Screeninq shall not extend into any visibility trianq/e.
.
I.
Landscapinq Credits - Credit for trees and shrubs is intended to encourage the enhancement of
the lot through additional landscaping elements, As an alternative to the required fifteen percent
(15%) total landscaped area, landscape credits may be utilized to reduce the total amount of land
area dedicated for landscaping purposes, However, in no instance shall the credits reduce the
total amount of landscaping on a lot to less than seven and one-half percent (7Y:t %) of the total
land area, Credits are allowed for existing or newly planted trees and shrubs, and only if the
feature is maintained as a permanent element of the Landscape Plan.
All landscaped areas, including shrubs and trees which received landscaping credits, shall be
properly maintained. If any plant material dies, such material shall be subject to replacement as
specified in Paragraph J. Credits are allowed as follows:
1, Credit for Shrubs: Credit shall be allowed according to Table 1, Any plant type or species may
be used in the landscaping plan. However, landscaping credit shall be allowed only for those
shrubs contained in Table 2.
e
Ord, No, 2340
PJge 4
Option "8"
.
Table 1
Equivalent Landscape Area for Shrubs
Height of Shrubs Above
Finished Grade, When Planted
Equivalent Landscaped
Area Credits (square feet}
l'
2'
3'
4'
5' and above
10 sq. ft,
15 sq. ft,
20 sq. ft.
25 sq. ft.
30 sq. ft,
Table 2
Recommended Plant List for Shrubs
Common Name
.
Azaleas
Boxwood
Cherry Laurel
Crape Myrtle
Dogwood
Dwarf Buford Holly
Dwarf Chinese Holly
Dwarf Yaupon Holly
Elaeagnus
Flowering Quince
Forsythia
Forsythia
Golden Raintree
Japanese Barberry
Japanese Black Pine
Japanese Ligustrum
Nandina
Pampas Grass
Photinia
Possumhaw Holly
Purp/e/eaf Plum
Red Cedar
Sea Green Juniper
Spiraea 'Bridal Wreath'
Sumac
Tamarix Juniper
Texas Sage
Texas Sophora
Yaupon Holly
Botanical Name
Rhododendron
Buxus microphylla 'Japonica'
Prunus caroliniana
Lagerstroemia indica
Corn us florida
/lex corn uta 'Bufordii nana'
/lex corn uta 'Rotunda'
/lex vomitoria 'nana'
Elaeagnus pungens
Chanomeles 'Texas Scarlet'
Forsythia intermedia
Forsythia intermedia 'Lynwood Gold'
Koelreuteria paniculata
Berberis thunberg;
Pinus thunbergi
Ligustrum lucidum
Nandina domestica
Cordateria Selloana
Photinia F raseri
/lex decidua
Prunus cerasifera
Juniperus virginiana
Juniperus Chinensis 'Sea Green'
Spiraea prunifolia
Rhus typhina
Juniperus sabina 'Tamariscfolia'
Leucophyllum futescens compacta
Sophora affinis
/lex vomitoria
2. Credit for Trees: Credit shall be allowed according to Table 3. Any plant type or species may
be used in the landscaping plan, However, landscaping credit shall be allowed only for those
trees contained in Table 4.
e
, -
Ord, No, 2340
PJgc: 5
Option "B"
e
Table 3
Equivalent landscape Area for Trees
Caliper of Trees at 12-inches
Above Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
1"
2"
3"
4"
5"
6" and above
200 sq, ft.
400 sq, ft,
600 sq, ft,
800 sq. ft.
1 ,000 sq, ft.
1,200 sq, ft.
Table 4
Recommended Plant list for Trees
.
Common Name
Bald Cypress
Bradford Pear
Bur Oak
Cedar Elm
Cedar Elm
Chinese Pistachio
Chinese Tallow
Chinquapin Oak
Crabapple
Deodar Cedar
Ginkgo
Green Ash
Honeylocust
Lacebark Elm
Live Oak
Mesquite
Pecan
Pond Cypress
Post Oak
Red Cedar
Red Oak
Redbud
Silver Maple
Southern Magnolia
Sweetgum
Sycamore
Texas Red Oak
Weeping Willow
White Ash
Botanical Name
Taxodium distichum
Pyrus calleryana 'Bradford'
Quercus macrocarpa
Ulmus crassifloia
Ulmus crassifolia
Pistacia chinensis
Sapium sebiferum
Quercus muehlengergi
Malus
Cedrus deodara
Ginkgo bi/oba
Fraxinus pennsylvania
Gladitsia triancanthos
Ulmus parvifolia
Quercus virginiana
Prosopis glandulosa
Carya iIIinoensis
Taxodium ascendens
Wuercus glaucoides
Juniperus virginiana
Quercus Shumardii
Cercis canadensis
Acer saccharin urn
Magnolia grandiflora
Liquidambar styraciflua
Platanus occidentalis
Quercus texana
Salix babylonica
Fraxinus americana
J, Maintenance of Landscaping - All landscaping and related maintenance shall be the responsibility
of the property owner. The following minimum standards shall be required:
e
1. All required landscape areas shall be permanently maintained and shall have an underground
irrigation system which satisfies all applicable requirements of the City. The irrigation system shall
be installed by a licensed irrigator or master plumber.
Ord, No. 2340
Page: 6
Option "B"
.
2. Irrigation systems may be buried on public street right-of-way; however, the City or any
franchised utility will not be responsible for damage to any landscaping material or equipment
whife performing repairs of maintenance to its system.
3. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants
that are not a part of the landscaping,
4, All plant materials shall be maintained in a healthy and growing condition as appropriate for the
season of the year. The property owner is responsible for regular weeding, mowing of grass,
irrigation, fertilizing, pruning, and other maintenance of all plantings as needed,
5. Plant materials which die shall be replaced by the owner within a six-month period with plant
material of simifar variety and size.
H. ~-=::'.: ~'t' "~~~_ ~ ~~. iRI~~~~~~~~~:I~~:n ~;:":'::':I =i:~:~oo as
=~; =~-~~;;¿:~:~~~~, ~:===S;~~~~:=~Œ:
== :: =~~:~ ParkiR~ areo. .A;N ¡;; ~~"::;:: i: :::::: :::::
follo'::In§ rcg~JatIGAG:
~ ~~::~p~~ -::~~ tho ¡;¡arkiA§ 3AB FR3F1el:lvoriA§ 3r03S FR:lY :I¡;¡ply to tl:lo e'/or311 l:mssG:lpC
reql::JJrOmOAt for the let
.
~, '^:en IRe ¡JOr~~;"~ ~~~Cr¡R~ areo ...c.~. ORe o.re, ROt ie<;s ~ha: .y. P<~"'I ~ IAe
:::: =~:::~~~~::'",!ar.a .~,Oll ~. y-::;: :::~~~. :~O(":~.~~.
~ES~~.~~ 2:;Æ5:~=~~£~.~E~~~:::~;
~:7E; :~=;::~a=:g ~;~~~::~~=~~::=::~=::riRg
~, ^~ l:ll1dGC:lpÏí1§ Withi~ ~ ~~:~~9 lot sI:1311 eo les3tod \¡\'ith~:n a 13.nd£E:3PC i£bnG er FRedulo, Tho
::~: ':."'::.:.~ ~:~j:,~~ ;~:ß:r7'"":t=~i:~:"O:'=.," G~: :::~~~
=~ ~~:~~ ~ :~~or .eRor.le. E:~=:~ :~:~=!::: ::=:~
=:~'~~i~~nd- er meáulo £1:1311 eo les:lt-- ---.--.- !-~ t-I---- -G "" ____ _ f __ -....f 1__ ___
4, béV'dsc3pO Ì&l3nds er :e:~G ~:.~~a ~~i§3ted ey an I:In:orgre:uA~ :y:t:: as re~¡,¡iroá :¡~ trnG
:~~ ~:rlh":: .:=..oo::~:~~::~~~~:: i.;:f;~Ag ~~~::i:':'":Scol1a I be
~I.~~~:':i¡,:::::~:'k>: ::~ :::~::::::~ ~u:~~~~~~,:~r aéjo.oRI Ie parkiR~
6, L3~QSC3piAg fFlateriJ/ iA ß3r~iA§ lots S~3" !Acl¡¡~e shrub€: 3-118 tr~ er :I se:FRÐiAati8,A tt:leroot;.
whIG~..jA-tI:lffi.-may..Ðe pl(lAtOel 'IIltl:l 3 SOFRÐIA3tleA Gf§r3SS, gr~A4-Ga-. CF; 3nel.4-.fIeweAR§~,**&.
e
~ ~:;::;:,~~:' ~~~liRg Irce. le..lo~ ie the ß.rning aroa, wAich arO..i:: :':::: :::
=:'::;~~:~:~ea::',:Z;'a:~ ~~~:~0~·1::::~,=~~:·~1::~:::::::'
~;: :~ :~~~:~~~ ~~:t ~~¡: 3 ßorFRoab~ ;~~.
Ord. No, 2340
Pag~ 7
e
.
-
Option "B"
K. Conflict with Traffic - Landscape plantings shall not be erected or installed in such a manner as to
interfere with traffic view or impose a safety hazard, All landscape plantings shall comply with any
applicable Visibility Sight Triangles as provided for in these regulations,
2. Buffer Yard Regulations
A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering
between zoning districts of different character in order to mitigate the effects of potential
nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between
different zoning districts that may be considered incompatible.
B. Buffer Yard Between Zoninq Districts Required For any non-residential construction which abuts
a single-family or two-family residential zoning district or agricultural zoning district, there shalf be
a buffer yard of live plant material for the entire width and distance along which the development
abuts the residential district. The buffer yard shalf be of a width as required in Table 5. This
green belt is included in the overall calculation of the percentage of required landscaping.
Table 5
Width of Required Buffer Yard
Zoninq District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
10 feet
10 feet
10 feet
10 feet
10 feet
15 feet
15 feet
15 feet
15 feet
C, Exception to Buffer Yard Requirement Where a masonry screening wall is provided, the buffer
yard shall not be required.
3. Landscape Review Board
A. Creation: There is hereby created a landscape Review Board ::~i:: ~ ::: :~~:d two
==~ ~:.;;.~ :0 ~~~i~:-'::~, a majority ~f the c.:~ ~';;'~~~' ~::: ::: ~~":..": '
=~:£;t;;1E:~~~1:~;~=~~2;E:'::==~:o~
;:;.:::::;;;: :=~::. ;; :::aro for aAd aUe";; ;;;;;'I~;. For the purpose of Ihis Ordinance,
the members of the North ¡;;¡ishl3AEI ' ills ZSAiA!:} 80arEl sf Adju&tmont City Council shaH serve in
the capacity of the Landscape Review Board,
8. !~~::'~::Q:~=:::: =::~:::~ ~:=i:::~:'':=I~:=::GGOGGorG are
Ord, No. 2340
Page 8
Option "8"
e
c. ~=t ~~~=i~:~ :;_~I:;.ø'l": "~~,::,:~e:S t::.~,\~,::; ::~::: ::~::."::
=r~~ ;0; ~P'~:~~=t ~r =~: ~~R~~~9V09 sy C~~~n~~;~ ~~::~,
D. ~~n~~~~:: i:~d=:c~~ ~:':::~.:,: :::,~i~=:~ ~':=':::9S
~;Ë:E~~~~~:;::;~B~:~=l~n~~;;'~:::
~;~:~j~:Q?~i¿:=:~:~~:~ ~:~ ~==~.::: :aluteG
€!l MeetinQs and Quorum: Four members of the Board shall constitute a quorum for the conduct of
business. The members of the Board shall regularly attend meetings and public hearings of the
Board and shall serve without compensation. Minutes shall be kept showing the vote of each
member on each question or the absence or failure of each member to vote, Such proceedings
shall be a public record and shall be retained for at least five years.
f=.,Ç. Jurisdiction: The Landscape Review Board shall have the right to inspect premises where
required in the discharge of their responsibilities under this ordinance, The Landscape Review
Board, in specific cases, may authorize or order the following:
1, Interpretation: To hear and decide appeals where it is alleged there is error on any order,
requirement, decision or interpretation of this ordinance by the Building Official. In reaching its
decision, the Board shall establish firm guidelines for future administrative actions on like matters.
.
2, Permits for Nonconformities: To authorize, when applicable, a building permit for the
reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-
conforming withlin the requirements of this Ordinance,
3. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this
Ordinance as will not be contrary to the public interest and where, because of special conditions,
the enforcement of the Ordinance would result in an unnecessary hardship,
GQ,lnterpretation Request or Appeal: A request for interpretation of regulations or an appeal for
variance from a certain provision of this ordinance may be taken by any person aggrieved or by
any officer, department, or Board of the City affected by a decision of the City Enforcement
Officer, Such appeal shall be taken within fifteen (15) days time after the decision has been
rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof.
The Enforcement Officer shall transmit to the Board all papers constituting the record upon which
the action being appealed was taken.
~g. Application: Before any request for an interpretation or a variance from this Ordinance will be
heard by the Landscape Review Board, application shall be made and duly filed by the property
owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such
application shall included, but is not limited to, the following:
e
1. the name, address, and phone numbers of the property;
2, the name, address, and phone numbers of the owner's agent, if applicable;
3. the legal description of the property;
4. a brief description of the variance sought;
5, the required number of copies of a current boundary survey, plat, or plot plan of the property.
The applicant must provide proof of ownership of the property, or a letter from the owner of the
property granting the applicant permission to request the variance,
Ord, No, 2340
Page 9
Option "B"
e
hE. Fees: Every application for a variance shall be accompanied by a filing fee as follows: $175.00.
JG. Stay of Proceedinqs: An appeal shall stay all proceedings of the action appealed from unless the
City Enforcement Officer, after the notice of appeal has been filed, certifies in writing to the Board
that a stay would, in the opinion of the City Enforcement Officer, cause imminent peril to life or
property. In such case, proceedings shall only be stayed by a restraining order granted by the
Board or by a court of record.
¥.tf.. Form of Appeal or Application: An appeal or application shall be in such form and contain such
information as the Board may require under its Rules of Procedure. It shall be accompanied by
the required fee. An incomplete appeal or application shall be deemed only to give notice of intent
to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought
to completion.
hf, Notice of Hearinq: Official written notice of public hearing on every application for a variance or
for an interpretation of regulations applying solely to an individual property shall be sent to all
owners of real property lying within two hundred feet of any pro~erty on which the variance is
requested. The notice of hearing shall be given to each taxpayer as the ownership appears on
the last approved city tax roll by depositing such notice, properly addressed and postage paid, in
the United States Post Office, not less than ten days before the date set for a hearing before the
Landscape Review Board. Notice of hearing shall also be given by publication in the official
newspaper of the city at least ten days before the date before the date set for a hearing before the
Landscape Review Board. Such notice shall state the time and place of such hearing, and the
nature of the subject to be considered,
.
Md· Hearinq:
1, Upon the hearing, the applicant shall appear in person or by attorney or authorized agent.
Evidence supporting the granting or denial of an appeal shall be submitted only through the City
Enforcement Officer or to the Board in public meeting.
2. Any appeal or application may be withdrawn upon written notice to the City Enforcement
Officer,
3. The Board shall make its decision on any application within forty-five days from the time the
initial hearing is held or the application will be deemed to have been denied.
N!5. Decision and Votinq:
1, Every decision of the Board shall be based upon findings of fact and every finding of fact shall
be supported in the record of proceedings. The Board may act only in matters as specifically
authorized by these regulations and these regulations shall be construed as limitations on the
power of the Board to act.
2, Nothing herein contained shall be construed to empower the Board to change the terms of
these regulations, or to effect changes in the zoning districts, The powers of the Board shall be so
applied that the terms of these regulations will be strictly enforced.
e
3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order,
requirement, decision or determination of the City Enforcement Officer; to approve any variance
that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-
conforming use, structure, or lot.
Ord, No. 2340
P~ge 10
e
e
e
Option "8"
4. A member shall disqualify himself from voting whenever he has a personal or monetary
interest in the property under appeal, or will be directly affected by the decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or his agent, has
sought to influence the member's vote on the appeal other than in the public hearing.
6. The decision of the Board shall be final.
Gb.. Approval of Request:
1. In approving any request, the Board may designate such conditions including time limits, if
appropriate, in connection therewith in order to secure substantially the objectives of the regulation
or provision to which such variance is granted and to provide adequately for the maintenance of the
integrity and character of the zone in which such permit is granted,
2. When necessary the Board may require guarantees, in such form as it deems proper, to insure
that conditions designated in connection therewith are being or will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or
construction permits within sixty days after the Board's decision unless a greater time is requested
in the application and is authorized by the Board. Any approval may be granted one emergency
extension of sixty days on written request filed with the Board before expiration of the original
approval. Failure of the applicant to apply for occupancy of construction permits within the
authorized time period shall void the right to secure such permits except upon the filing of a new
application or appeal.
PM, Denial of Request: No appeal or application that has been denied shall be further considered
by the Board, unless the Board affirmatively finds:
1. That new plans materially change the nature of the request, or
2, The permitted development of other nearby property in the same zone has been substantially
altered or changed by a ruling of the Board so as to support an allegation of changed conditions.
4. Violations
A. If the City Enforcement Officer shall find any of the provisions of this Ordinance being violated, he
shall, when necessary, give notice to the person responsible to cease such violations forthwith.
8, Written notice may be delivered in person or by mail to a violator or to any person in charge of
property where a violation is occurring, Verbal notice may be given to a violator in person by the
City Enforcement Officer or his deputy, Either notice shall be effective.
C. In their interpretation and application, the provisions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of public health, safety, morals and general
welfare.
D. Whenever the requirements of this Ordinance are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that
impose higher standards as determined by the City Enforcement Officer shall govern.
Ord. No, 2340
Page II
e
e
Option "8"
--
1/.
Repealer Provision
That, upon approval, this ordinance superscedes and takes prescedance over any other landscaping
regulation of the City of North Rich/and Hills, Texas.
III.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred
dollars ($200.00) for each offense. Each day such violation continues to exist shall constitute a
separate offense.
IV.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
V.
Effective Date
This ordinance shall be in full force and effect from and after its passage,
PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF
SEPTEMBER 1998.
ATTEST'
Mayor Charles Scoma
City of North Rich/and Hills, Texas
City Secretary
City of North Rich/and Hills, Texas
Ord, No, 2340
Pag.: 12
-
--
-
Option "8"
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ord, No, 2340
Page /3
CITY OF
NORTH RICHLAND HILLS
Department: Economic Development
Council Meeting Date:
9/28/98
Subject:
Appointment of Board Delegates
To Reinvestment Zone Number 1
Agenda Number: GN 98-120
On September 14, Council passed Ordinance No. 2333 establishing Reinvestment Zone Number 1,
North Richland Hills. In addition to creating a Tax Increment Financing (TIF) District in and around the
42-acre Richland Plaza shopping center development, such an action also mandated a 9-person Board
of Directors.
You will recall that the City-in light of it's liability for bonded indebtedness and status as the governing
body which initiated the Zone-is allowed to appoint multiple voting delegates, as stipulated by State
law. The TIF Act also states that every other taxing entity is allowed one voting delegate. As
recommended by First Southwest Company, Council voted to allow the City five delegates on the
Board.
Therefore, we are now returning to the Council for action to appoint the City's five delegates. David
Medanich, the City's Financial Advisor with First Southwest Company, recommends that the City's
Board members include elected officials of the City government-with the City Manager acting as the
Manager of the TIF. The Tax Increment Financing Act states that Board members "are appointed for
terms of two years" and that the terms "may be staggered" if desired by the Council.
RECOMMENDATION
That Council appoint five members of the City Council as North Richland Hills' delegates to serve
staggered, two-year terms on the Reinvestment Zone Number 1 Board of Directors-and designate
City Manager Larry Cunningham as the Zone Manager.
Finance Review
Acct. Number
Sufficient Funds Available
~
Fin.".,.' Dtrea";
Page 1 of
-
" I'
CITY OF
NORTH RICHLAND HILLS
. Department: Public Works
Council Meeting Date: 9/28/98
Subject: AuthorizinQ Eminent Domain on DouQlas Lane PavinQ
Project - Bursey Road to Starnes Road
Resolution No. 98-50
Agenda Number:
GN 98-121
The Douglas Lane Paving Improvements project consists of reconstructing and widening
Douglas Lane from an 18-foot wide asphalt street to a 41-foot wide concrete street. The
project will begin at Bursey Road and end at Starnes Road. This project is being funded
primarily from certificates of obligation. Construction is tentatively scheduled to begin in
December 1998. A December start date will allow Douglas Lane to be finished prior to the
100-acre park being complete.
City staff is currently acquiring right-of-way for this project. The attached map indicates the
total permanent right-of-way and total temporary construction easements required for the
project. Also shown on the map is the right-of-way remaining to be purchased. Below is a
list of the 29 parcels of right-of-way and easements remaining.
Parcel NO.2 Nelson Parcel No. 37 Herman
Parcel No. 3 Potter Parcel No. 38 Lyles
Parcel No. 13 F resch Parcel No. 39 Pleace
Parcel No. 14 Phillips Parcel No. 40 Watrous
Parcel No. 15 Starnes Parcel No. 41 Stephens
Parcel No. 23 Barclay Parcel No. 42 Boyt
Parcel No. 24 Presley Parcel No. 43 Henderson
Parcel No. 25 Kusmierski Parcel No. 44 HUD
Parcel No. 30 Ewing Parcel No. 45 Smith
Parcel No. 31 Hudnall Parcel No. 46 Mahon
Parcel No. 32 Barbetti Parcel No. 47 Carlew
Parcel No. 34 Schubert Parcel No. 48 Beatty
Parcel No. 35 Overcash Parcel No. 49 Auld
Parcel No. 36 Shannon Parcel No. 50 Longoria
Parcel No. 51 Fudge
We do not believe there will be any problems acquiring the remaining right-of-way and
easements. However, if there are property owners that refuse to sell staff needs the
authorization to proceed with condemnation.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds AvallaCle
Finance Director
Page 1 of
·
CITY OF
NORTH RICHLAND HILLS
The condemnation process consists of a legal process where the property owners are
forced to sell the property required for public improvements. The property owner and the
City present their perspective evidence as to the value of the property needed. Three
independent commissioners decide the amount of money paid to the property owner.
Recommendation: To approve Resolution No. 98-50, authorizing City staff to proceed with
condemnation proceedings if negotiations fail.
CITY COUNCIL ACTION ITEM
Page _of_
·
·
·
RESOLUTION NO. 98-50
WHEREAS, the Douglas Lane Widening and Improvement Project has been
authorized to protect the health, safety and general welfare of the City; and
WHEREAS, each of the tracts identified below are needed for a public purpose in
connection with said project for the public good and general welfare; and
WHEREAS, the City Council finds it necessary for the City to exercise its power of
eminent domain to acquire the below tracts for a public purpose in constructing said
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The above findings are adopted.
2.
The City staff is authorized to go forward with the acquisition of the tracts described
below and in the event that the tracts cannot be purchased through negotiations, the City
attorney is authorized to exercise the City's power of eminent domain, The tracts are in
the J. Condra Surveys, A-31 0 and 311 and the Maroaks, Foster Village and Western Oaks
Additions and are identified by project parcels as follows:
(1) Parcel NO.2 belonging to Arnold Lee and Barbara Dean Nelson; 0.0562
Acres permanent street right-of-way.
(2) Parcel No. 3 belonging to Charles D. and Diane Potter; 0.0681 acres
permanent street right-of-way; 0.0478 acres temporary construction
easement.
(3) Parcel No. 13 belonging to Craig and Deborah Fresch; 0,0125 acres
permanent street right-of-way; 0.0260 acres temporary construction
easement.
(4) Parcel No. 14 belonging to David Phillips; 0,0162 acres temporary
construction easement.
(5) Parcel No. 15 belonging to Gary Starnes; 0.0700 acres temporary
construction easement.
1
.
(6) Parcel No. 23 belonging to Burke and Monica Barclay; 0.0265 acres
permanent street right-of-way; 0.0240 acres temporary construction
easement.
(7) Parcel No. 24 belonging to Don D. Presley; 0.0413 acres permanent street
right-of-way; 0.0352 acres temporary construction easement.
(8) Parcel No. 25 belonging to Ted and Martha Kusmierski; 0.0644 acres
permanent right-of-way; 0.0529 acres temporary construction easement.
(9) Parcel No. 27 belonging to Josie V. Smith; 0.1041 acres permanent right-of-
way; 0.0736 acres temporary construction easement.
(10) Parcel No. 28 belonging to Marvin Smith; 0.0958 acres permanent right of
way; 0.0491 acres temporary construction easement.
(11) Parcel No. 29 belonging to Josie V. Smith; 0.0560 acres permanent street
right-of-way; 0.0287 acres temporary construction easement.
(12) Parcel No. 30 belonging to James Ewing; 0.0011 Acres permanent street
right-of-way.
.
(13) Parcel No. 31 belonging to Kim Hudnall; 0.0011 acres permanent street
right-of-way; 0.0273 acres temporary construction easement.
(14) Parcel No. 32 belonging to Henry Barbetti; no permanent street right-of-way;
0.0065 acres temporary construction easement.
(15) Parcel No. 34 belonging to Russell Schubert; 0.0011 acres permanent street
right-of-way; 0.0173 acres temporary construction easement.
(16) Parcel No. 35 belonging to Daniel Overcash; no permanent right-of-way;
0.0262 acres temporary construction easement.
(17) Parcel No. 36 belonging to Martin L. Shannon; no permanent street right-of-
way; 0.0178 acres temporary construction easement.
(18) Parcel No. 37 belonging to Paul Herman; no permanent street right-of-way;
0.0430 acres temporary construction easement.
(19) Parcel No. 38 belonging to Carolyn Liles; 0.0011 acres permanent right-of-
way; 0.0254 acres temporary construction easement.
.
2
· (20) Parcel No. 39 belonging to Debra Pleace; 0.0011 acres permanent right-of-
way; 0.0262 acres temporary construction easement.
(21 ) Parcel No. 40 belonging to Scott Watrous; 0.011 acres permanent right of
way; 0.0260 acres temporary construction easement.
(22) Parcel No. 41 belonging to Eddie Stephenson; 0.0011 acres permanent
street right-ot-way; 0.0253 acres temporary construction easement.
(23) Parcel No. 42 belonging to Catherine Boyt; 0.0011 acres permanent street
right-of-way; 0.0253 acres temporary construction easement.
(24) Parcel No. 43 belonging to Terri Henderson; 0.0011 acres permanent street
right-of-way; 0.0244 acres temporary construction easement.
(25) Parcel No. 44 belonging to HUD; 0.0011 acres permanent street right-ot-
way; 0.0231 acres temporary construction easement.
(26) Parcel No. 45 belonging to Forest Smith; 0.0011 permanent street right-of-
way; 0.0171 acres temporary construction easement.
(27) Parcel No. 46 belonging to Gena Mahon; no pennanent right-of-way; 0.0152
· acres temporary construction easement.
(28) Parcel No. 47 belonging to John Carlew; no pennanent right-of-way; 0.0150
acres temporary construction easement.
(29) Parcel 48 belonging to Robert Beatty; 0.0011 acres permanent street right-
of-way; 0.0217 acres temporary construction easement.
(30) Parcel 49 belonging to Richard Auld; 0.0011 acres penn anent street right-ot-
way; 0,0218 acres temporary construction easement.
(31) Parcel 50 belonging to Ricardo Longoria; 0.0011 permanent street right-of-
way; 0.0217 acres temporary construction easement.
(32) Parcel 51 belonging to Tom Fudge; 0.0011 permanent right-of-way; 0.0207
acres temporary construction easement.
3.
·
Each of the above tracts is further identified on the Right-of-Way Street Map for
subject project, prepared by Surveyor Shaun Spooner, dated June, 1998, which is
incorporated herein and made a part hereof by reference the same as it copied verbatim.
3
.
.
.
4.
The term permanent street right-of-way includes drainage and utility appurtenances.
PASSED AND APPROVED this 28th day of September, 1998.
APPROVED:
ATTEST:
Charles Scoma, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
APPROVED AS TO CONTENT:
ftl-
Mark Bradley, Right-of-Way ~ ent
4
I
f
f
¡
!. I ~ ii'
:t ~I!. 1.1
I ~ µ¡ jl' I:I!
!;I i~ , :f:.t: ,.,
¡:¡I"I:'" 'UI'I' t.
"~ 0 o. ",.
I ,.., ~ ......
>¡¡ :"'
.
t ...\.
-~
'OèJ ~3SèU"?9
. :-,
~'f IU
,;1.. ;oJ
!, ,.r! I'
: r:;¡ r
. :!:
I
.
I'
1¡li IF: i
l'll¡'j"
I
zit HI
;:If ¡:
!!;I r
'."
i .
, :h
;:,i
":1
I~í¡
i
hll
I"
,'0'
Þ H¡:
, !
.11
,:1/
..1
:.;
..'
:1'
I
!i
.!i!
...r
i;ii
~I
1;1
:~~
:¡..,
"!f
;;i
~--
Hi .
min, ~ \
I..', .t' r ,
i~;¡ ¡ü--..!-
~~:i ~4 .
it!
U:! 4...
!:~t ii
¡:d ,f
;::1 ~i! ,
" .1 ,
.!¡! '!Po !
i;:~ Hil
~~I. 11¡
:1
~I
,ill
1::1
'í;1
~i
;1 -
I~i ¡I'. Jlj¡
!Ig :~ ¡:lll.1
.'.,! ,b..s,'
.-;- ...., ~n J :~:!r::
:~~! It . i ¡;::
"\1 " I:
',' it .
':1 "
rI
!i
¡!il, ¡ m
I" ,!II
!;.; LlI'
L:I '.
: ,t ;i I
:~t ¡~ I 1
I 1"1
I:;, I
;:. ;¡:I I
'!'I
I."
!:I:
:,
,\
I'
n¡li
::I¡:
'f
'I
II
!.~,¡
i~i
!il"
l ._
.J'
~_. .f
.'
.
t,
;:
¡
.
¡'I
I:¡:
!;;I
!~i(
<:j
I ;J!
1:.(
Ii ¡;Ii
a ~..,
111,1
. :: !
¡::(
.;I ~ii
m!~
ill!:!
!II!
I.i
::Iï
: .~ ; ¡
:;p.
:.. :
] ~ u _¡_
~ .'/' i;'~:;'~"-':'~:;;'_' I
........ -- ...
I 11-.:''*;;: , :::¿¥~' I
i h'" ."H
, i ;-"'":'?"' ;:,:'!'ff" - ,j' !
.......
-..
.----
----
.Q:"" '1i.;Z:.,, .. .:,~ "
'J
... .
~
~ J!)
.:¡ C
~ C" Q)
u E
Q) "'
... Q)
.:¡ Q) VI
C" .c "'
LlJ Q) .s UJ
... c
'1. >- >- 0
"' "' ~
<:{ 3: 3:
.-l .,:. .,:. =
0 0 ~
+0 +0
.c oJ: c
C) C'I 0
æ æ <.>
'If) - C) ~
C c l!
4: Q)
c "2 0
.-l "' ë¡ c..
~ ê E E
Q)
Q) Q) I-
':J Q.. 0::
d .\. ~ "1!"
Q) Q)
= C ~
ã5 i:t (:)
."-..-.-.--.-
,,_u_, ~"~~J
-·.:;:-~-;;;.._I
.......-.. .
............"" .
_.
_n_.
-....-
..-.....-
--,.._-
...'..I.....Of
............_",
:::'.=r.:::;
:o:."':."';~1:'...
1___.-
--.....-...
:::.:...:.:::::::
---,--
..
...' ..
...._6......_......_
...,-..... ,...j.....
....-.....-......."
--....-
..--... --
"'... ......"
-..-.---.."..
''-'-'"'' ..-.-
-...-.-..""....
.J
.
I
I.i .1
"I' Iii
i::i :If =!
ii.: !:¡¡;~
:~:1 ! J 1.
I
!:h .II, J!h m m
......---.
;:
i
¡ m i
¡ :;¡ !..i :
:! ~¡ ¡:tl !
II; ;i! :a=-' "
f ¡J: !~Zi .
. ¡,¡,¡ i
f¡~
&!:
JI
¡
rU
tt
,.
el
~
I
! I
t; I
I
i
I
I
I
I
8
"J Hi
:;-'f
i :!ii.
il"
di,
!;:t
;;.i
!!
!:
!i
I!
;il!
. I'
, '~I'
. '[
Iti
I I. Iji~
·'I·f I"f
~¡ ;;0 :;;~
.1.. =1'1
. "I
I
i