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Home My WebLink AboutCC 1999-02-22 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA FEBRUARY 22, 1999—3:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1 Discuss Items from Regular February 22, 1999 Agenda (5 Minutes) d 2 IR 99-021 Review Process for Creating 2nd TIF District (10 Minutes) 3. IR 99-022 Discuss Proposals for Sign and Landscaping Ordinances (2 hours) 4, *Executive Session (10 Minutes) — The Council may enter into closed executive session to discuss the following' A. Personnel Matters Under Government Code §551.074: 1. Council Appointed Positions 5. Adjournment— 6:50 p.m *Closed due to subject matter as provided by the Open Meetings Law If any action is contemplated, it will be taken in open session. ©A NNE r�jYU_a.vt-) 14 , i99y (C"- 1D 9'. 00 4" �1 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA FEBRURY 22 1999 — 7:00 P.M. For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7.00 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 North Ridge Elementary School 3. Pledge of Allegiance North Ridge Elementary School 4 Special Presentations A.) Red Cross Proclamation 5. Removal of Item(s) from the Consent Agenda Page 2 NUMBER ITEM ACTION TAKEN 6. Approval of Consent Agenda Items a.) Minutes of the Pre-Council Meeting February 8, 1999 b.) Minutes of the City Council Meeting February 8, 1999 PZ 98-24 c.) Consider Extending the Moratorium on Electronic Message Boards — Ordinance No 2369 GN 99-13 d.) Changing March Council Meeting Dates PU 99-05 e.) Award Bid for Refinishing Wave Pool to Classic Tile & Plaster in the Amount of $42,280 PU 99-06 f ) Award Bid for Annual Contract to Provide Electronic Equipment Maintenance to Specialty Underwriters in the Amount of$20,205 — Resolution No 99-11 PU 99-07 g.) Award of Bid for Installation of HVAC System for the Green Extreme at NRH2O 7 PZ 98-42 Public Hearing to Consider Amending the Accessory Building Requirements in the Zoning Ordinance— Ordinance No. 2367 8. PS 98-61 Consider Request of Glenn Jones for a Final Plat of Lot 3, Block A, Rufe Snow Village Addition. (Located at 6889 Hightower Drive) 9. GN 99-14 Amendment to Council Rules of Procedure — Resolution No. 99-12 10 (a) Citizens Presentation IR 99-020 (b) Information and Reports 1.) Update on Street Projects Page 3 NUMBER ITEM ACTION TAKEN 11. Adjournment ■ i+r..vi 19, 1449 9'. 00 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-023 L Date February 22. 1999 Subject. Cancellation of Tuesday, February 23 Work Session — Executive Session The Tuesday, February 23, 1999 Work Session and Executive Session that was scheduled for 6.30 p.m. is being cancelled Part of the purpose of the Tuesday meeting was to review the self evaluation forms and since only one has been received, this part of the agenda will not be ready Mayor Scoma plans to review Monday night during Executive Session the suggested evaluation process for Council appointed positions and by doing that Monday night it will not be necessary for the Tuesday meeting. Council is still scheduled to have the Executive Session on Thursday, February 25 to conduct evaluations of Council appointed positions. Respectfully submitted, Ll 'IA 1-i�zlc.. J Larry J Cunningham City Manager LJC/Id ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-021 Date: February 22, 1999 Subject: Review Process for Creating 2nd TIF District Recently at a Council meeting, a suggestion was made to consider a TIF District for funding some public facilities in the Town Center area. City Staff has been reviewing the process and timetable of doing this should Council decide we want to pursue. The purpose of this TIF District would be to capture the increased property taxes generated by developments, such as the Northeast Crossing and Town Center to pay for public facilities which could be built on the sites designated by Town Center on their recently approved Master Plan Of course, the City would seek to include the other taxing entities in the TIF. Although no decisions have been made by Council as to any public facilities in the Town Center, some possibilities have been discussed. Our concerns are that if we have any interest in this as a funding possibility, we probably should consider soon. As you know the State Legislature is in session this summer, and if we believe this to be a good possibility for funding public facilities, it would be in the best interest of all participating jurisdictions to form a new TIF before the end of August. By so doing we could possibly avoid any changes made in the current TIF law. This report to City Council is for you to consider whether to proceed with the process, which includes the following steps: March Presentation of a Preliminary Project Plan and Financing Plan to City Council. Preliminary presentations to overlapping jurisdictions. April City Council calls a Public Hearing (60 days notice or sooner if all jurisdictions agree.) Overlapping jurisdictions appoint a representative to meet with City. May Formal presentations to jurisdictions. June City Council holds Public Heanng to create the Tax Increment Reinvestment Zone (TIRZ). (This could be done sooner if all entities agree) Jurisdictions vote to participate in Tax Increment Reinvestment Zone. July-August TIRZ Board meets to approve TIRZ plans. City Council ratifies TIRZ plans. Jurisdictions vote to contract with City pursuant to TIRZ plans. a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS City staff requests Council consider this and provide direction on pursuing this schedule. If authorized to do so, staff will present a Preliminary Project Plan and Financing Plan to Council in March. At that time we will discuss specific projects and funding that may be included in the TIF. The experience and rapport that was gained with TIF Distnct No. 1 will be invaluable in helping through this process should Council desire to pursue this. Respectfully submitted, Larry Kdonce Director of Finance INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-025 Date February 19 1999 Subject Sign and Landscaping Ordinances — Proposed Revisions The information provided in this report provides an overview of the recommended changes to the above referenced ordinances. Following this report are the draft ordinances reflecting these changes The recommendations are based on input provided by the City Council, the Land Use Ad Hoc Committee, the Planning and Zoning and Beautification Commissions, the Parks and Recreation Board, individual members of the Economic Development Advisory Board and City staff. This overview refers to "Staff Recommendation" which are actually composite recommendations based on all the recommendations. The specific items discussed are changes based on direction from the Council at the February 8, 1999 meeting to proceed with implementation of Phase One items Phase One deals primarily with new construction in all areas of the City. It is important to recognize that signage and landscaping is vital to existing and proposed businesses, and it is important to balance this with preservation of and impact on neighborhoods. It is the intent and purpose of these regulations to protect an important aspect of the economic base of the City by preventing the destruction of our natural beauty and environment This environment is of great value to our residents and also serves to attract non-residents to the City. These regulations are designed to further preserve and enhance the appearance of our City and protect our investment in buildings and open spaces. These standards should encourage sound signing practices for business identification and public access, while providing aesthetically pleasing surroundings in the business areas These standards should also minimize hazards to motorists and pedestrians brought about by distracting and inappropriate sign displays and ensure that commercial signing is used primarily as identification and not as advertising. The major issues will be highlighted below and on subsequent pages in two sections, the first detailing the Sign ordinance and the second detailing the Landscaping ordinance. The italicized and underlined portions track the Phase One of the Ad Hoc Committee recommendations, but their wording is either abbreviated or modified to more clearly reflect the intent. Significant changes are underlined in the actual ordinances. SIGNS Skin Structures and Designs Should Blend With the Architecture of the Building and be Constructed of Materials that will Ensure Durability and Attractiveness. Staff recommendation is to adopt the standards as suggested by the Land Use Ad Hoc Committee. a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Signs Outside of Freeway Overlay Staff recommendation is to encourage the use of monument signs and provide for lower profile signs and greater setbacks from the property line for larger signs. The proposal provides for four sign tiers, with the first two adjacent to the property line permitting monument signs and the third and fourth tiers allowing pole signs up to 25 in height and 100' advertising face. (This is the current maximum.) Under this recommendation a sign of this size would have to be at least 20' behind the property line We believe that this approach of size and distance ratios will provide a good incentive for businesses to use monument signs and get closer to the street The four-tier approach encourages monuments but also allows for variety in signage along roadways. All signs must be in a landscaped setting. Sign Maintenance and Obsolete Skins and Messages Staff recommendation is to adopt the Ad Hoc Committee proposals that require maintaining a sign in good condition at all times The proposed ordinance provides for removal of obsolete signs within 90 days. This includes painting over, replacing with a blank panel or removing applied letters A sign shall not expose the internal lighting unless it is actively under repair. A sign must be repaired or replaced if it varies more than 15 degrees from horizontal or vertical (unless approved as a part of the original design) We feel that the penalty provisions of this ordinance are sufficient to gain compliance with this condition; however, we will be reviewing the proposed ordinance with the City Attorney and determining what "due-process" administrative measures are necessary should the City be forced to remove an obsolete sign. Banner Skins Staff recommendation is to adopt the standards set forth by the Land Use Ad Hoc Committee. Banner signs shall require a permit and shall not be displayed for a period exceeding 30 days. Banner signs will be allowed three times a year with a minimum period of 45 days between permit periods. A fee will be established to cover the cost of issuing the permit and a follow-up inspection to ensure removal of the banner at the end of the permit period. Developments with Multiple Tenants Shall Have a Master Sign Plan to Ensure Consistency in Design and Materials. Staff recommendation is to adopt the standards of the Land Use Ad Hoc Committee A master multi-tenant development shall submit a sign plan detailing the information outlined by the Committee. A multi-lot development under common or separate ownership, with contiguous property lines, may file this Master Sign Plan if the lots can be developed under a master sign theme. Developments meeting this criteria are eligible for a 20% increase in the maximum sign area for each sign. The approval of a Master Sign Plan qualifies this type of development for a bonus sign. This sign would identify the retail center and would be allowed in addition to the allowable signage for each retail outlet Landscaping Required for Detached Signs. Staff recommendation is to adopt the Ad Hoc Committee proposals that require landscaping around detached signs. Staff proposal is to require plant material from the City's list of 3 approved plant material, in all directions from the sign for a distance of four feet. Detached Menu Signs shall have this requirement on three sides Fewer and Lower Profile Signs per Lot This recommendation from the Ad Hoc Committee consisted of thirteen categories Each category is addressed individually as follows Sign (definition) - Staff recommendation is to adopt the standards of the Land Use Ad Hoc Committee Sign Height - Staff recommendation is to modify the recommendation as shown on page 4 in the monument sign category. Incidental Signs - Staff recommendation is to adopt the standards of the Land Use Ad Hoc Committee Traffic Directional Signs —Staff recommendation is to permit these up to four square feet. Window Signs — Staff recommendation is to move this item to Phase Two and delay implementation of regulations, pending further study and review. Wall Signs— Staff recommendation is that wall signs shall not exceed 25% of the total wall area. Additional restrictions are placed on wall signs for multi-family developments. Menu Board Signs - Staff recommendation is to permit two signs, up to thirty square feet. Signs Adjacent to Residential — Staff recommendation is to propose that this be an item be considered for review under recently approved provisions regarding site plan approval on non-residential property within 200' of residential property. This will be reviewed with the City Attorney. Illumination of this type sign is currently reviewed to ensure minimal impact on adjacent property. Roof Signs - Staff recommendation is to adopt the standards of the Land Use Ad Hoc Committee These signs are not allowed. Canopy/Awning Signs — Staff recommendation is to prohibit canopy signs above the first floor. Maximum letter size shall not exceed 12", except that logos may be up to 16" in height. Electronic Message Boards — Staff recommendation is to restrict these signs to display messages of a general non-commercial nature. The identification of an off premise sponsor for public facilities signs shall be restricted not to exceed 10% of the sign area and no lamp shall exceed 40 watts. The 40-watt restriction does not apply to the Freeway Overlay Zone 4 Monument Signs - Staff recommendation is to include these in the category of "Ground Signs" Recommendations for Ground Signs is to permit pole or monument signs as follows One Monument Sign per lot. Maximum area shall be 50 square feet and maximum height shall be 7' for signs located between the property line and up to 10' behind the property line. Maximum area shall be 75 square feet and a maximum height shall be 12' for signs located over 10' behind the property line Or, One Pole Sign per lot. Maximum area shall be 75 square feet for signs located 15 to 20 feet behind the property line. Maximum area shall be 100 square feet for signs located over 20' behind the property line Major Developments Outside Freeway Overlay In addition to the specific topics referenced above, two new categories are being proposed for "Major Developments Outside the Freeway Overlay" and "Major Retail Malls". The Major Developments Outside the Freeway provides for retail centers in excess of 200,000 square foot to have a bonus sign. This sign would identify the retail center and would be allowed in addition to the allowable signage for each retail outlet Major Retail Malls The Major Retail Mall section permits all existing signs at North Hills Mall in a regional retail setting with a combined square footage of 500,000 or greater under one structure. Any sign or section not specifically addressed in the proposed changes will continue to be regulated in the same manner as it currently exists. Town Center District The City Council recently approved a Town Center District with separate development criteria That criteria included regulations to address signs and landscaping; therefore, the Town Center District is not included in these proposed ordinances. Landscaping Parking Lot Landscaprnq Buffer and Desjgn Staff recommendation is a modified version of what was recommended by the Land Use Ad Hoc Committee. A slight reduction is recommended with regards to tree planting. The committee recommended one tree per 30 linear feet; staff recommends one tree per 50 linear feet. The same changes all recommended for shrubs. Parking Lot Landscape Requirements Staff recommendation is a slight modification from what the committee recommended The major difference is that the large and small landscape islands have been reduced in size, the division of large parking areas into separate cells has been eliminated, and a slight reduction in the amount of landscaping in the islands Also, the staff is recommending that 5% of the parking lot be landscaped. This 5% landscaping would count toward the overall 15°a lot- landscaping requirement Parking in the Landscape Zones Staff recommendation has been modified from the committee's standards. The landscape zone of 10 feet will not allow parking but accomplishes the objectives through increased landscape requirements. Parking Islands Each Side of Driveway Staff recommendation is to reduce the minimum width of each side of driveway from 18ft. to 10ft. Parking Lot Plant Material Sizes Staff recommendation is to slightly reduce the size and caliper of the plant material. This reduction is from 3" caliper to 2" caliper Also a two foot reduction in the height of ornamental trees Also, the height of shrubs is at time of planting. This is only adding clarification to the committee's recommendation Parking Lot Islands Staff recommendation is to only list a large and small landscape island. The large island has been reduced from 9' x 18' to 6' x 12' The small island remains the same. Increase Buffer Standards for Residential/Non-residential Separation This requirement strengthens existing requirements to include one tree per 30 linear feet with 40% evergreen trees This is in addition to a six to eight foot high masonry wall This is the committee's recommendation and staff concurs Single family/Multi-family Separation Staff recommendation is to follow the committee's recommendation Single Family/Multi-Family from all other Uses Staff recommendation is to follow the committee's recommendation. Residential Subdivisions Adjacent to Major Roadways Staff recommendation is to move this item to Phase Two and delay implementation of regulations, pending further study and review. All Non-Residential Uses Adjacent to Public Streets Staff recommendation is to follow the committee's recommendation with a slight modification This modification reduces tree and shrub planting from every 30' to every 50'. Landscaping Should be Maintained in a Healthy and Vigorous Growing Condition Staff recommendation is to follow the committee's recommendation with minor changes. Utilities and Service Areas should be Screened Staff recommendation is to move this item to Phase Two and delay implementation of regulations, pending further study and review. Irngation Should be Provided for all Required Landscapina Staff recommendation is to follow the committee's recommendation. This summary presents the major highlights of the two draft ordinances. Steve Norwood and Randy Shiflet will be presenting a more in depth explanation and discussion of the specifics at the work session Monday afternoon Any changes desired by the City Council presented at the work session can be incorporated into a final proposal for consideration at the March 15, 1999 Council meeting If so desired, the Council can conduct the Public Hearing and take action on or after the March 15t1 meeting. After receiving your input on Monday, the ordinances, along with any changes, will be submitted to the City Attorney for his review. This has not been done prior to the presentation to the Council so that he could review a final draft prior to presentation for possible action. As with the recommendations of the Code Enforcement Ad Hoc Committee, implementation of these recommendations will require additional personnel for plan review processing and the on-site inspections to ensure compliance with the higher standards. At this time it is not known what the total impact will be but we will be prepared to discuss this with you during the budget retreat later this summer. Also, as with the Code Enforcement Committee's recommendations, we will be developing a plan to implement the changes as approved by the City Council. We will have key staff members in attendance at the work session so that we are prepared to address any questions you might have as they relate to differences in current and proposed regulations, comparisons to neighboring cities or other issues related to these changes. 7 Summary and Conclusion In summary the proposed 'draft" ordinances for signs & landscaping incorporate the following. • Council goals of increasing "quality development through build out of the City were given emphasis in developing these recommendations. • Comments and suggestions by numerous citizens and business groups as well as input from City Council was seriously considered and incorporated into the "draft" ordinances • Significant increases in landscaping and sign standards are proposed • A balanced approach of considering needs and desires of protecting neighborhoods and providing reasonable and adequate requirements for commercial areas was a goal and is believed to be achieved. • Sign variety, but encouragement and incentives for low profile signs, is included. • Realistic and improved buffers (and standards) between residential and commercial areas are proposed. • Major retail center developments are proposed to have a "bonus" identification sign consistent with the size of the development. • Town Center and Major Retail Malls are not included in these revisions, as current standards are suggested to be continued. I want to thank the many boards, committees, individuals, Mayor and Council, and staff for their input into this process. These are just "draft" ordinances and recommendations, and staff is certainly ready and willing to modify these in any way Council believes desirable to meet the needs and goals of our community. A special thank you goes to Randy Shiflet, Steve Norwood, Ed Dryden, Dalan Walker, and Ron Ragland for their assistance in getting these final drafts and presentations prepared. We look forward to reviewing these with you Monday. Resppectfully, Larry J. Cunningham City Manager LJC/Id I I t ORDINANCE NO. _ 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, and WHEREAS, a City Council appointed an Ad Hoc Land Use Committee consisting of representatives from throughout the City and reflecting a broad range of backgrounds. and WHEREAS, that Committee has held extensive work sessions based on City Council established goals to clarity issues and make specific recommendations: and WHEREAS, City Council has received comments from the Planning Commission, Parks Board and Beautification Committee. now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,THAT: 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 Ordinance 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, D Legible in the circumstances in which they are seen 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 1 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 Compliance is required whether or not a permit is renuired. B. Sign Area The sign area permitted in these regulations shall apply to the maximum size of a single sign race 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 1 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 Any electrical installations shall comply with the North Richland Hills Electrical Code 2 All freestanding sign structures, excluding traffic directional signs, shall be constructed with, or covered with the masonry material to match the masonry portion of the principle building, or shall be constructed of brick or stone 3 No permanent wood signs shall be allowed 4 All sign structures shall be painted or anodized to blend with the architecture Exposed metal surfaces rat are subject to rust or corrosion are prohibited D. Engineering 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 Frontage A minimum of fifty(50) feet of qualified street frontage shall be required to erect a Ground Sign. G. Landscaping Required All ground signs, except traffic control and direction signs, shall be located in a landscaped setting which minimally consists of turf plant material, in all directions from the sign for a distance equal to a minimum of four and one half feet (4'6") from the base of the sign Ground type Outdoor Menu Board Signs shall be required to have landscaping on only 2 sides to allow for a drive-through lane. H. Master Multi-Tenant Sign Plan Required 1 Master Multi-Tenant Sign Plan. For any multi-tenant development on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit to the Building Official, a Master Multi-Tenant Sign Plan containing the following a An accurate plot plan of the lot(s) at such scale as the Building Official may require, b The location of buildings, parking lots, driveways,and landscaped areas on such lot; c. Computation of the maximum total sign area,the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot under this ordinance, d An accurate indication on the plan of the proposed location of each present and future sign of any type,whether requiring a permit or not, except that incidental window signs need not be shown;and e An accurate depiction of the sign structure and materials, specifying standards for consistency among all signs on the lot(s) affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, materials, and sign proportions 2 Multi-Lot Development. A multi-lot development is one in which contains two or more contiguous anc adjacent lots (disregarding intervening streets and alleys]that mayor may not be under common ownership that contain more than one building (not including any accessory building). The owner(s) of such multi-lot development may file a Master Multi-Tenant Sign Plan. For the purpose of this paragraph, if the signage in the plan meets the full intent of the sign ordinance, then a 20% increase in the maximum sign area shall be allowed for each sign. 2 4 Procedures A Maste' Mufti-Tenant Sign Plan shall be included in any development plan, site plan, planned unit development plan or other official plan required by the City for the proposed development and shall be processed simultaneously Where no official plan is required by the City, the Building Official ill may review the Master Multi-Tenant Sign Plan and approve it provided it meets the full intent and standards of this ordinance, may approve it with conditions, or may deny the play Appeal of the Building F Official's decision shall be to the Sign Review Board A Master Multi-Tenant Sign Plan may be amended by filing a revised Master Multi-Tenant Sign Plan that conforms to all requirements of this ordinance If any new or amended Master Multi-Tenant Sign Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, all signs not conforming to the requirements of the ordinance in effect on the date of submission I. Encroachment. A permanent 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 J. Memorial and Historical Signs The Sign Review Commitee 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 M. Community Special Events The Sign Review Committee may authorize signs to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the City N. Lighting Where provided for in these regulations, certain signs may be illuminated Illumination may be 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. Illuminated signs situated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare. O. 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 or electronic message board sign or major Development sign within the Freeway Overlay Zone shall comply with the following additional regulations 1. Maximum Pole and Electronic Message Boards Sign Height: A pole sign or electronic message board sign located within the Freeway Overlay zone shall not exceed sixty-five (65)feel in height 2. Maximum Major Development Sign Height A Major Development Sign located within the Freeway Overlay Zone shall not exceed sixty-five (65) feet in height 3. Maximum Pole and Electronic Message Board Sign Area: The maximum size of a Pole Sign or Electronic message Board 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 3. Signs Exempt from Requiring a Permit The following signs shall be exempt from permitting but shall comply with any other regulation contained in 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, slate or national historical preservation organization and official vehicle inspection station signs. 3 B A sqg' 'ocated inside a building and which is not displayed so as to be visible from outside the building Sig, located within a covered mall building shall comply with the North Richland Hills Building Code and the Non- Richland Hills Electrical Code C A sign located within a building 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 does not include a commercial message E Holiday lights and decorations F Traffic control signs on private property, such as Stop, Yield, and similar traffic control signs G No Parking"or"Towing" signs authorized by City Ordinance H No Dumping Allowed' signs posted to deter illegal dumping I Telephone and other underground utility warning signs, and other safety signs not exceeding one (1) square foot in area J Temporary Signs that 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 in area 4. Signs Prohibited Signs not specifically allowed by this ordinance are prohibited, including A. Roof Signs B. Rotating and Flashing Signs Revolving, rotating, flashing, or blinking beams or beacons of tight 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 may be allowed and are regulated elsewhere in these regulations C. Signs 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 D. Signs Attached to Utility Poles Signs attached to light poles, utility poles, traffic control poles and trees, signs shall be prohibited E. Park Bench Signs Park bench shall be prohibited F. Search Lights and Balloons Searchlights and inflatable balloons shall be prohibited, except when approved as a Grand Opening Permit G. Obnoxious Signs Exploiting 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 budding or premises 4 2 Use of Words Connoting Erotic Entertainment Prohibited No sign Inc un rg any temporary sign, which advertises any "top ess' "bottomless", "naked" or words of like import s^all be maintained, erected, or placed upon or adjacent to any building where it is visible from a pLblic 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 H. 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 I. Off-premises advertising shall be prohibited, unless provisions for such signs are contained in these regulations J. Other Signs Any other sign not specifically allowed by this ordinance is prohibited 5. Definitions 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 Sign A temporary sign which is painted or printed on a strip of cloth,canvas, or other flexible material with or without frames. B Billboard Sign An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises. A billboard sign is also known as an off-site advertising sign C. Building Official. The administrative official charged with responsibility of enforcing and interpreting this Ordinance. D Building Sign A permanent sign that have its supporting structure depending on a building for support and includes wall signs, canopy signs, projections signs and outdoor menu board signs E Canopy Sign A permanent 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 and overhangs a private drive or walkway A Canopy Sign may also be attached to a freestanding structure, such as over a gas pump island. F. Electronic Message Board-A sign that utilizes LED's, incandescent light bulbs F. Flag A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal, or an emblem G. Freeway Overlay Zone The Freeway Overlay Zone is 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, H. Ground Sign A permanent sign that has its supporting structure depending on the ground for attachment and includes pole signs, monument signs,outdoor menu message boards, electronic message boards and traffic directional signs. 5 Illumination For the purposes of these regulations th. •erm illumination snall be defined as follows 1 "I^ternal lighting" shall mean a source of illumination entirely within the sign whicn makes the contents o` me sign visible at night by means of the light being transmitted through a translucent material but where., the source of the illumination is not visible 2 "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a freestanding letter) which makes the sign visible at night by means of lighting the background upon which the freestanding character is mounted The character itself shall be opaque, and thus will be silhouetted against the background The source of the illuminat on 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 J. Incidental Skins A permanent sign, generally informational, that has a purpose secondary to the use of the properly on which it is located such as traffic directional signs, including no parking"and"loading only', and telephone" On windows, n may include such items as charge cards accepted and hours of operation No sign with a commercial message legible from a position off the property shall be considered incidental K. Lot Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in t{as[he City's Zoning Ordinance, and usually having its principal frontage upon a street or upon an officially approved place K. 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. L. Major Development Sign. A permanent ground sign M. Monument Sign 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 N. Obsolete Sign A sign that advertises or identifies a business or product that is no longer in existence at that location O. Outdoor Menu Board. P. Pole Sign. A permanent ground sign that O. Projection Sign. R. Roof Sign 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 S. Sign - -- - -- - -- - - --- - - - - -- - ---. .-. , :• .: - , --: . . .. . -. .. ... .. . . -:• - - : :a :• •: - :•• .:-. A displayed structure bearing lettering, symbols or logos, generally used to identify or advertise a place of business, product or service located or offered on the premises Distinctive colors (exceeding 15%of any facade elevation), shapes or images which promote the product or business shall constitute a sign This may include bright colors, lights, drawings or graphics (Example bright orange mini-warehouses 1 The determination of what constitutes a sign shall be made by the Building Official. Any appeal of the building Official's decision shall be made to the Sign Review Board. T. Sign Review Committee. 6 U. Sign Review Board. V. Sign Area The total area within the extreme perimeter of the attraction area intended to draw attention to the sign Exception Monument Signs W. Sign Height The vertical distance measured from groundfievelnatural wade to the top of the sign, measured at its highest point above ground level. For purposes of measurement, the areanatural grade shall b- .e•. et •: : :.•: : : r•• • .• •: •: ,- e: •= : •• •== • .. . .•.: • . .. .. . . . .. . .•.the elevation created by the undisturbed existing grade,or by normal site grading, when creating a development site It shall not include any super elevation treatment X. Sign 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 V. Temporary Sign A sign intended to be displayed for a short period of time only and includes real estate signs, garage sale signs, portable signs, construction signs, new development signs, week end advertising sign Z. Traffic Directional Sign Any sign used only to control and direct traffic into or on private property, e g "ENTER" or "EXIT" AA.Qualified Street Frontage. BB.Wall Sign A sign painted on or attached to the wall surface of a building CC.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 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 that 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 approved by the Building Official. B. Sign 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 properly owner or his authorized agent. When the applicant is not the owner, the applicant shall provide a letter from the property owner that authorizes the applicant to represent the owner in the sign application process. 2 The applicant shall submit two (2) copies of a site plan which shows the proposed sign in relation to all lot lines and structures, or its location on the building 3 A copy of stress sheets and calculations showing that the sign and its structure designed for dead load and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the 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 7 5 The Tne apolicant shall submit two 121 copies of details c' construction of the sign and the sign support structure to clearly identify materials, methods of faster ^g or anchoring, whether or not the materials a'- to be painted. the type size and location of lighting W re- a sign is illuminated by Indirect lighting"the applicant shall also submit details of location direction an,o placement of the lighting and the shielding 6 Any other information deemed necessary by the Building Official 7 The applicant shall pay a deposit in the amount of $100 when the permit is application filed The deposit may be applied to the permit when the permit is secured If the permit is not secured, the$100 shall be considered a plan review fee and is non-refundable C. Permit Approved When the Building Official has determined that the application complies with the requirements of this ordinance, he shall approve and issue the sign permit The permit shall be expire 90 days from the date of approval and may be extended upon one written request of the applicant. An application for an expired permit shall be as required for a new application 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 any sign is constructed, erected, or maintained in violation of these regulations,the property owner, management and/or tenant 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. Unsage and Dangerous Signs. The Building Official shall require that any sign or sign supports that are deemed unsafe,dangerous or that poses an immediate threat to the safety of the general public be made safe by repair or removal. The Building Official shall make reasonable effort to notify and allow the owner, tenant and/or agent of the sign or sign structure to abate the unsafe,dangerous or threatening condition As a last resort, the Building Official shall take the necessary steps to abate the conditions. Any and all costs shall be charged to the owner, tenant and/or agent of the sign or sigh structure. Liens etc C. Illegal Signs The Building Official shall be authorized to abate or impound any temporary sign which is in violation of these regulations if not abated by the propery owner and/or the sign owner within twenty-four(24) hours after notice has been given. 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-ResdlenhaJResidential districts T a b l e of Per Sect R R R R R R RR M O L C C C 11 12 U A I Permitted Signs mit on 1 1 2 3 4 6 8 7 H 1 R 1 2 C G Reg' ft S D T M 1 d F Y/N A Ground Signs 14A Electronic Y 142 I • • • ' • • I Message Board Major Y 15E , i . • , • :• • I • • Development Sion Monument Sign • Y 14C • • • I • I • 1 • • • • 070—c0 • • '1 • • • 3 ' Pole Sion ' Y 14B • i • 1 • • • • I • • • Subdivision Y 14F • li • • I • • • • 1 • I • • • � • • • 1 • • 1 • ' Name.late Sion _ 1 - Menu Board Sion Y 14Y ' 1 • • ' • I • • ' • Traffic Directional N 14H • • • • • ' • ' • • • • Sign B.Building Signs 141 Canopy Sign Y 14K i I • • • • • • . • I • I Proedtion Sion Y 14L • i • • • ' • • • i • i • RoofSign New Y 14G • 0 0 5• • ' • • • I • • ' • • • • • I • • • Development I , Sion - . Wall Sign i. Y 14J - i • • • i • 1 • ', • • • • • �i • I � C. Temporary Sl••n 14M - - - BannerS'!o NY 14R ' • I • • I • • • • • • • 1 Construction - N 14S • 1 • I • • • • • • • • ' • • • I • • • • Trade Sane 1 I eniiill.1.1 N 14U • I • • • • • • I • • • 1 • i • I. • 1 • • • • • Garage Sale Sign N 14P • • • • • ! • • I • • Grand Opening NN 14 I I l • • t • • I • • 1. • • Sion W ` Political Sign • N 140 • • • • • • i • I • 1 • • i • • ' • • • • • I • Portable Sion" Y 14N i • • , • • i • ' • • ' • • Real Estate Sign N 140 • 1 • • • • • I • • • • I • I • ! • I • • ' • • • 102 1 I 1 I Weekend Y 14V • • • • � • • ' • • • • !, • 1 • ' • • I • • I • • Advertising Sion , - . Automobile Dealership Signs only allowed in the Freeway Overlay Zone 2 Monument signs are regulated as being either single family residential, multifamily residential, or non-residential Signs in the AG district have special size and height limitations, see Section 6 4 - -- e•. •- -• .-e - -• - - - • -- •-• •- Pole Signs are only permitted is-lesated-within the Freeway I Overlay Zone 5 Multi-family allowed one Wall Sign per street frontage 9 I ' Construction Trade Signs are regulated as either residential or no-residential Company logo flags not allowed in AG, R1 S, R1 R2. R3. R4D. R5- 198, & MH1 districts Political Signs are regulated as either"AG & R' district signs or A other district' signs e ... .. _ .• _ • •: . _ .. .- al zoningdctrrcr -9 Real Estate Signs are regulated as either residential or non-res.denual Electronic Message Boards allowed in the Freeway Overlay Zone have additional restrictions lean outside ofeie Freeway Overlay Zone 10 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. Repair of an Existing Nonconforming Sign 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 and sign materials of the replacement sign shall be in accordance with the provisions of these regulations. B. Damage of an Existing Nonconforming Sign 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 A 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, bolls, 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 B Any sign or sign support which varies 15 degrees or more from horizontal or vertical(unless approved as part of the original design) shall be considered as requiring maintenance, and shall be repaired or removed by the owner 13. Obsolete Signs A. All obsolete signs must be removed within 90 days of the sign becoming obsolete In the case of a painted sign, it shall be painted over, in the case of an internally lit sign, a blank panel shall be installed, and in the case of applied letters or other material, they shall be removed B. At no time shall a sign's internal lighting or structure is exposed unless it is actively under repair, 14. Special and Additional Regulations A. Signs for Automobile Dealerships 1 One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership located within the Freeway Overlay District for each one hundred fifty(150) linear feet of qualified street frontage, or traction thereof, and be subject to the applicable provisions of the Pole or Monument Sign regulations 2 Pennants are permitted for automobile dealerships located in the Freeway Overlay Zone until Dec 31, 2003 B Signs in Agricultural Districts In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, projecting or wall signs, except monument signs, in accordance with these regulations with exception that such signs 11 shall not exceed a total of one hundred (100) square feet in area and shad not exceed fifteen t 151 feet in height C Electronic Message Boards. Electronic Message Boards shall be allowed within the Freeway Overlay Zore Please see Freeway Overlay Zone for specific requirements The following electronic Message Boards ma', be allowed outside of the Freeway Overlay Zone provided that there may be no identification of a commerca business product or sponsor affixed to the message board The following conditions shall apply to electronic message signs outside the Freeway Overlay Zone. 1 not to exceed 40 s f , 2 be used for a public or semi-public purpose, 3 the message is of a general non-commercial nature to the community, 4 identification of a sponsor (if desired) contains only a name or logo, is permanently affixed, and does not exceed 10% of the sign area, and, 5 no lamp exceeds 40 watts All other Electronic Message Boards shall obtain a Specific Use Permit (SUP) 14. Sign Height, Area. Construction and Placement Standards A. Ground Signs, General Ground Signs shall be regulated as Pole Signs. Monument Signs, Major Development Signs, Subdivision Nameplate Signs, New Development Signs, Traffic Directional Signs, Electronic Message Boards, or Outdoor Menu Board Signs 1. Pole Signs a. Permitted Districts Pole Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. b Number Allowed One (1) Pole Sign per lot may be allowed for each lot c Maximum Area. The maximum area of a pole sign shall be as follows: For signs located in an area that is more than fifteen (15)feet but less than twenty(20) feet from the properly line abutting and parallel to the street(s), the maximum area is seventy five (75) square feet For signs located in an area that is more than twenty(20)feet from the property line abutting and parallel to the street(s),the maximum area is one hundred (100) square feet d Maximum Height. The maximum height of a pole sign shall be as follows. For signs located in an area that is more than fifteen (15)feet but less than twenty (20) feet from the property line abutting and parallel to the street(s),the maximum height is twenty(20) feet For signs located in an area that is more than twenty (20)feet from the property line abutting and parallel to the street(s), the maximum height is twenty-five (25) feet. a Sign 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). f Spacing 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 g. Lots with Two Frontages. 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 Each street frontage must contain at least fifty(50) feet or more of qualified street frontage All Pole Sign shall maintain the minimum spacing requirement provided h. Maximum Planter Height. Landscaping plants or planter boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height 12 Pole and Monument Sign Interchangeability A Poie Sign may be used in lie., a' a Monument Sign, except in residentially zoned areas provided that all spacing requiremens 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 I Changeable Message Boards A Pole Sign may contain a changeable message board that utilizes changeable letters The area of a changeable message board shall be included in calculating the total sign area k Illumination A Pole Sign may be illuminated I Material Requirements The support structure for a pole sign shall be double pole and shall be constructed or covered with materials that match the masonry portion of the principle building on the site or shall be covered with stone or brick. Each support structure shall be independently covered with masonry 2 Outdoor Menu Boards. Outdoor Menu Board (or Info-Boards) may be allowed on a lot that has a business with drive-Thru windows subject to the following conditions. Ground Type a Not more than two- (2)outdoor menu board shall be allowed per drive-Thru window b Sign area area shall not exceed thirty(30) square feet. c The outdoor menu boards shall be located behind the front facade of the building d The outdoor menu boards may be either wall or monument type signs 3. Monument Signs a. General. Monument Signs shall be classified as either single-family residential, multi-family residential or non-residential Monument Signs shall comply with the following regulations that are established for the three (3) divisions. 1 Monument Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. 2. 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 located consistent with the Visibility Triangle requirements 3. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign. 4 The sign area shall not comprise more than 70°,° of the entire sign structure area b. Single-family Residential Monument Signs 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. Non-residential Monument and Multi-Family Monument Signs 1 Number Allowed A maximum of one monument sign per street face shall be permitted However, a comprehensively planned group of primary buildings, whether or not located on separately platted lots, may have one monument sign for each major entry 2. Maximum Area. The maximum area for a Monument Sign shall be as follows: For signs located in an area that is less than ten (10)feet from the property line abutting and parallel to the street(s), the maximum area is fifty(50) square feet 13 F II For signs located in an area that s more than ten (10) feet from the property line abuttir; and parallel to the streetlsi, the maximum area is seventy-five (75) square feet 3. Maximum Height. The maximum height for a Monument Sign shall be as follows For signs located in an area that is less than ten (10) feet from the property line abutting and parallel to the street(s), the maximum height is seven (7) feet ii For signs located in an area that is more than ten (10) feet from the property line abutting and parallel to the street(s), the maximum height is twelve(12) 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 Monument signs may be located at the property line except for within visibility triangles at driveways and intersections 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 abuts two (2) or more street frontages, a Monument Sign shall be allowed for each street frontage. Each street frontage must contain at least fifty(50)feet or more of qualified street frontage. All Monument Signs shall maintain the minimum spacing requirement provided 7 Pole and Monument Sign Interchangeability. 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 changeable letters.The area of a message board shall be included in calculating the total sign area. Lighting Monument Signs may be illuminated only by internal lighting for sculpted non-ferrous panels or by a ground lighting source where the light and fixture are not visible from a public ROW E. Major Development Signs The purpose of a Major Development Sign is to identify the name of large commercial and retail developments 1 Major Developments Located within the Freeway Overlay Zone a General Criteria. One Major Development Sign shall be allowed as follows: For a development on a single platted lot that contains one (1) or more multi-occupancy building having one hundred thousand (100,000) square feet or more in combined floor area. or ii For a development on two (2) or more contiguous and adjacent lots that contains one (1) or more multi-occupancy building having one hundred thousand (100,000) square feet or more in combined floor area b Considered as a Bonus Sign. A Major Development Sign shall be considered a bonus sign and may 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. Spacing 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 14 t Maximum Height A Major Development Sign shall not exceed the maximum height c s!xti ie 165, feet g Maximum Planter Height 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 rot exceed thirty (30) inches in height h Changeable Message Boards A Major Development Sign may contain a changeable message board that utilizes either electronic or changeable letters The area of a changeable message board shall be included in calculating the total sign area I. Illumination A Major Development Sign may be illuminated 2 Major Retail Malls a General Criteria. A Major Retail Mall is a commercial development that consist of a multi-occupancy building consisting primarily retail establishments located in one building having a combined floor area of at least five hundred thousand (500.000) square feet in floor area. The development may be located on one or more contiguous and adjacent lots, parcels or tracts b Monument Signs. A Major Retail Mall may have monument signs complying with the following regulations Maximum Area. The maximum area of a Monument Sign is sixty five (65) square feet in area Maximum Height. The maximum height of a Monument Sign is twelve (12)feet Illumination. A monument sign may be illuminated Off-site Monument Sign. A major Retail Mall is permitted one (1) off-site monument sign c Wall Signs. A Major Retail Mall may have Wall Signs that compiling with the following regulations Maximum Area. Maximum Area Multiple Wall Signs shall be allowed per wall surface The maximum area of all Wall Signs on each wall face 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 Wall Signs may be placed on the vertical edge of freestanding canopies, however,the canopies may not be counted toward the sign area allowed Illumination. A Wall Sign may be illuminated F. 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 1. Permitted Districts Subdivision Nameplate Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. 2. Location Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry-screening wall 3. 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. 4. Maximum Area A Subdivision Nameplate Sign shall not exceed fifty(50) square feet in area 5. Maximum Height A Subdivision Nameplate Sign shall not extend above the fence or wall 6 Illumination Subdivision Nameplate Signs may be illuminated G Traffic Directional Signs The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by identifying only the vehicle entrances or exits Traffic Directional Signs shall comply with the following regulations: 1 A permit shall not be required for a Traffic Directional Sign. 2 Traffic Directional Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs 15 3 Only two 12) Traffic Directional Sins may he allowed for eacu curb cut Each uign must be either an "Entrance' or an 'Exit labeled sign 4 A Traffic Directional Sign shall not exceed four j4) square feet in area 5 Traffic Directional Signs may induce a company name and logo 6 A Traffic Directional Sign may be illuminated B. Building Signs Building Signs shall be regulated as either Wall Signs. Canopy Signs or Projection Signs 1. 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 that 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 regulations a Permitted Districts Wall Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs b 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 Wall Signs may be placed on the vertical edge of freestanding canopies, however, the canopies may not be counted toward the sign area allowed c 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 f41 -45O3twenty-five(25)square feet d. Maximum Projection A Wall Sign shall not project more than eighteen (181 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 roofline of the building e 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 cornice line, parapet wall, the apparent flat roof, eaves line of the building, or extend beyond the side wall of the building f. Illumination A Wall Sign may be Illuminated 2. 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 regulations: a Canopy Signs shall be allowed in zoning districts shown in Section 10,Table of Permitted b A Canopy Sign shall not exceed fifty(50) percent of the wall surface area of the canopy c A Canopy Sign shall not extend beyond the e e - e -- --- - •- -- - •- -- anopy in any direction d A Canopy Sign may be illuminated e Canopy signs shall not be located above the second floor level f. Signs suspended from a canopy shall not extend a_to less than eight (8) feet above any pedestrian walking surface below, or b to less than fourteen (14) feet above and vehicular a vehicular maneuvering area 16 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 h Letters on a canopy sign shall not exceed 12 inches Loqos may be up to 16 inches in height 3. Protection Signs A Projection Sign is a sign in which the message area is perpendicular to the wall of the budding Projection Signs shall comply with the following regulations. a Projection Signs may be allowed in zoning districts shown in Section 10, Table of Permitted Signs b One (1) Projection Sign may be allowed for each single tenant building or for each tenant in a multi- occupancy structure However, no single tenant building or single tenant storefront shall have a Projection Sign in combination with a Wall Sign, Roof Sign, or Canopy Sign c 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 d Projection Signs shall not project over any property line or right-of-way line. e A Projection Sign shall not project more than four (4) feet from any wall surface and shall not extend above the apparent roof line of the building f Every Projection Sign shall be a minimum of eight (8) feet above the grade over a pedestrian walking area or fourteen (14) feet over a vehicular maneuvering area 1 A Projection Sign may be illuminated C. 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 1. 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. 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. 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 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. ii 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 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. d Maximum Height A New Development Sign shall not exceed fifteen (15)feet in height e Maximum Area A New Development Sign shall not exceed one-hundred (100)square feet in area f Illumination A New Development Sign may be illuminated 2. Vehicle Advertising Vehicles, which display signage, shall comply with the following: a 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 17 are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle No roo- mounted signs shall protect more than twelve (12i inches above the roof of the vehicle or the bed of a pick-up truck b 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 c Vehicle advertising affixed to a vehicle which has been altered fur t„rposes of cirtumventing these regulations shall be prohibited 3. 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 view of adjacent public rights of way promo' S upon expiration of the permit Removal of the letters from the signboard 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 illegal sign. N Portable Signs for Civic And Religious Organizations Three 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 A portable sign may be illuminated 4. Real Estate Signs The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings. Real Estate Signs shall be classified as either residential or non-residential Every Real Estate Sign shall comply with the following regulations. 18 a General Provisions Applicable to all Real Estate Signs A permit shall not be required for a Real Estate Sign H Real Estate Signs shall be allowed in zoning districts shown in Section 10 Table of Permitted Signs m 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 Signs One (1) Residential Real Estate Sign shall be allowed for each street frontage for a single lot of residential zoned or used property as follows The Residential Real Estate Sign shall be placed on the property offered for sale or rental ii The 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" w No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height iv A Residential Real Estate Sign shall be not be illuminated v In addition to a Residential Real Estate Sign one (1) "Open House"and one (1) "Model Home' sign shall be avowed on the property offered The size and area shall not exceed that of a Residential Real Estate Sign vi "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 Ordinance c Non-residential Real Estate Signs 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 regulations The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental. ii A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area m A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height. iv. A Non-residential Real Estate Sign shall not be illuminated. v Non-residential Real Estate Sign shall be a minimum of twenty(20) feet behind any curb or edge of pavement vi 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 vii '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 5. Garage Sale Signs 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, d. 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 twenty-four (24) hours prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale. h. Garage Sale Signs shall not be illuminated. 19 6. Political Signs The purpose of a Political Sign is to advertise a political candidate for pubic 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 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 7. Banner Signs The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages. which advertise the opening of a new business or a special event Banner Signs shall comply with the following a regulations a A permit shall be required for a Banner Sign. b Banner Signs shall be allowed in zoning districts shown in Section 10,Table of Permitted Signs c One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi- occupancy structure d A Banner Sign shall not exceed fifty(50) square feet in area e. Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent root or eaves line f. 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. g. Banner Signs shall not be displayed for a period exceeding 30 days, nor shall a permit for a Banner Sign be granted more than three (3) times within any one-year period.When more than one permit is granted to a business on a lot,there must be a minimum period of 45 days between the effective dates of such permits. h 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 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 8. 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. 20 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 snail comply with the following Residential Construction Trade Signs shall only be allowed in residential zoning districts ii Residential Construction Trade Signs shall not exceed six(6) square feet in area m Residential Construction Trade Signs shall not exceed three (3) feet in overall height iv The signs shall be placed on the properly where building activity is taking place v A Residential Construction Trade Sign shall not be illuminated vi The signs shall be removed immediately following the issuance of a Certificate of Occupancy d Non-residential Construction Trade Signs shall comply with the following Non-residential Construction Trade Signs shall only be allowed in non-residential zoning districts ii Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area iii Non-residential Construction Trade Signs shall not exceed ten (10) feet in overall height iv The signs shall be placed on the property where building activity is taking place v A Non-residential Construction Trade Sign shall not be illuminated vi The signs shall be removed immediately following the issuance of a Certificate of Occupancy 9. 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 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 f. 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 ordinance does not grant unlimited access and use of the City right-of-way. g Signs may be placed in public 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 into the sidewalk or into the street h. No sign shall be placed in a visibility sight triangle as defined in this Ordinance. Signs shall not be located within a street median. I 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 10. 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. 21 a Upon the issuance of a Certificate of Occupancy and within a 180-calendar day period thereafter, a business shall automaticallf, be entitled to utilize the Grand Opening Signage provisions contained in the Subsection when one of the following conditions applies When the Certificate of Occupancy has been issued to a new business, which may not be of the same business classification type I sted 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 1301 day period, or longer, or ii 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 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 ii A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section 14W(3) iii Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section 14R iv Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section 14W(5) v Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply with the provisions of Section 14W(4) vi, One (1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of Section 14N vii. Grand Opening signage shall be contained within the limits of the properly 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 vin No permit fee shall be required for a Grand Opening Signage Permit, c Searchlights 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' i. 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 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. ui 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, iv No searchlight may be operated between the hours of 11 00 p m and 7 00 a m, d Inflatable Signs 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 i. Not more than one Inflatable Sign or Balloon shall be allowed on any premises. 22 n Inflatable Signs and Balloons when placed on a building may not exceed twenty-five t25i 'eet it height above the roof of the building and shall not obstruct visibility necessary for safe trar`c maneuvering m Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five 12`_, feet in height above the ground level and shall not obstruct visibility necessary for safe tragic maneuvering iv 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 v Inflatable Signs and Balloons shall maintain five (5) feet of clearance from any overhead electrical wire vi 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 All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire lane u All Pennants shall maintain five (5) feet of clearance from any overhead electrical wire iii All Pennants shall be kept in good repair and remain securely attached in such a manner io withstand wind loads iv 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 U. Flags Flags shall comply with the following additional regulations 1 A permit shall not be required for any Flag A permit shall be required for a flagpole, which exceeds twenty (20) feet in height above the ground. 2 United States and State Flags shall be allowed in all zoning districts. 3. 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 4 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 5 Maximum Height A flag pole shall not exceed the following heights- a Twenty(20) feet in the R-7-MF zoning district. b 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 district 6 The maximum number of flags in any zone is limited to 4 XX. Sign Review Committee A Creation—There is hereby created a Sign Review Committee. The City Manager shall appoint at lest (3) full time employees to review as the Sign Review Committee. B Purpose—The Sign Review Committee shall review requests and plans as the ordinance may recognize C Said requests and plans shall first be submitted to the Building Official The Building official shall forward same to the Sign Review Committee. The Sign Review Committee shall meet as necessary D Decision —Upon receipt of requests of plan from the Building Official, the Sign Review Committee shall reach a decision with in seven working days. Except as may be initiated otherwise, decision of the Sign Review Committee is final 23 15. Sign Review Board A Creation There is nereoy created a Sign Review Board For the purpose of this Ordinance the North Richland Hills City Council shall serve as the Sign Review Board B. Meetings 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 C. 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 Nonconformity's To authorize a building permit for the reconstruction, extension, or enlargement of a non-conforming sign 3 Discontinuance of Nonconformity's 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 D. 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) day's 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 1 the name, addresses, and phone numbers of the property; 2 the name, addresses, 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, plats, or plots 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 tee as follows Residential $100.00 and Non-residential $175 00 G. Stay of Proceedings 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. 24 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 The required tee shall accompany it An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall r:r be reviewed or scheduled for hearings until brought to completion I Notice of Hearing 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 len 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. Hearing 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 Voting 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 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 25 2 When necessary '-e Board may require guarantees in such form as it deems proper to insure that conditions des!gnated n 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 Boards decision unless a greater time is requested in '-- application and is authorized by the Board Any approval may be granted one emergency extension o' sixty days on written request filed with the Board before expiration of the original approval Failure of trb 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 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 seperssedessupersedes and takes pressedanoeprecedence over ar,{ 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 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. 26 V Severability Clause That ' s ^ereby declared to be me intention of the City Counc I that the section, paragraphs. sentences. clauses anc 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 irvaltdity 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 oro ance of any such invalid or unconstitutional phrase, clause. sentence, paragraph or section VI Effective Date This oroanance shall be in full force and effect from and after its passage PASSED AND APPROVED BY THE CITY COUNCIL THIS DAY OF FEBRUARY 1999. 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 27 • Composite of Council/Mayor Responses SIGN RECOMMENDATIONS SURVEY PHASE ONE- NEW CONSTRUCTION IN ALL AREAS 1. Sign structures and design should blend with the architecture of the primary building and be constructed of materials that will ensure long term durability and attractiveness. Strongly Agree(4) Agree(4) Disagree Strongly Disagree Implement ASAP(5) Implement Later Suggested Changes/Comments Masonry or other covering approved by City Adds to the integrity of development Need additional information a Masonry to match the principle budding or brick or stone Strongly Agree(3) Agree(5) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments: Masonry or other covering approved by City Adds to the integrity of development b No wood signs —except temporary Strongly Agree(3) Agree(5) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments: I can't think of where this would be acceptable Define temporary c Painted or anodized surfaces Strongly Agree(2) Agree(5) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments: What other materials might exist' What about brick face design-) Page 1 2. Pole signs should be prohibited outside of the Freeway Overlay Zone. Strongly Agree (2) Agree(2) Disagree(2) Strongly Disagree(1) Implement ASAP(3) Implement Later(2) Suggested Changes/Comments: Except pole signs that are enclosed by masonry or other acceptable materials Pertain to new construction only (old signs protected by grandfather clause) Need more information, disagree for major retail Would like more input from business owners before stating position 5. Signs should be well maintained, and obsolete signs and messages should be removed promptly. Strongly Agree(4) Agree(3) Disagree Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments: Removed when major modifications are needed Provide a 30-day notice What is the definition of well maintained' Code issue 6. Banner signs should be allowed only for a limited time. They maybe used to advertise the opening of a new business and they may be used to advertise a special event. They should not be used more than 30 days at a time, nor should they be used more than twice in any one year. Strongly Agree(4) Agree(2) Disagree Strongly Disagree Implement ASAP(2) Implement Later(3) Suggested Changes/Comments. Allow three times a year (seasonal businesses) Require business to obtain permit (free) to enforce and regulate Details need to be discussed with Council 7. Where there are multiple signs in a development, they should be consistent in design and materials, and utilize the materials of the primary structure. Strongly Agree(3) Agree(5) Disagree Strongly Disagree Implement ASAP(5) Implement Later Suggested Changes/Comments Unless approved in the master plan This area needs a lot of attention (major retail) Page 2 Master Signage Plan Strongly Agree(4) Agree(3) Disagree Strongly D■sagree Implement ASAP(3) Implement Later(1) Suggested Changes/Comments Approval to be by a committee vs "Building Official' Common Signage Plan. Strongly Agree(4) Agree(4) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments None Given Provisions of the Common Signage Plan Strongly Agree(3) Agree(4) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments None Given 9. All detached signs should be located in a landscaped setting. Strongly Agree(5) Agree(3) Disagree Strongly Disagree Implement ASAP(3) Implement Later(2) Suggested Changes/Comments Providing there is room Minimum 5' on all sides with no maximum No 75% rule 10. (1)The number and size of signs per lot and business should be restricted. (2)Properties with multiple business should use a multi-tenant sign, (3) number and size of building and window signs should be restricted. Strongly Agree(2) Agree(6) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later(2) Suggested Changes/Comments (1) This should be determined by the "Common Signage Plan" (2) Based on size of window area Give business owners incentives to comply Page 3 II PHASE TWO - REMAINING RECOMMENDATIONS TO BE ADDRESSED 2ND AND 3R0 QUARTER 1999 —ALL OF CITY 3. Portable Signs and vehicles with large advertising signs (either temporarily or permanently attached) parked adjacent to the roadways should be prohibited. a No vehicle or trailer with a sign parked within 100 feet of a roadway right-of-way unless Strongly Agree(2) Agree(2) Disagree(3) Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments This could be moved to phase one Depends if sign is in use It is being used as a vehicle and not a sign If vehicle is not registered, inspected and/or has not moved within 48 I'l hours it may be towed We need to protect people who use delivery trucks with signs What about trailers and normal business vehicles (Bates) Consider what to do with company s that have fleets of trucks with their logo, possibly screen their parking lots b Portable Signs are prohibited except as may be approved by the City Council for a nonprofit organization up to 50 s f in size Strongly Agree(1) Agree(5) Disagree(2) Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments This could be moved to phase one Code Enforcement issue Not in favor of portable signs, but many people own them Need more information to make decision 4. Non-Conforming signs should be phased out over time in order to have a positive impact on the attractiveness of the City and it's major roadways. Strongly Agree(2) Agree(4) Disagree 93) Strongly Disagree Implement ASAP (1) Implement Later(0) Suggested Changes/Comments Only when major modifications are needed, or the pole is enclosed with masonry or other approved materials Over ten years Only if businesses are no longer operating or have moved Current signs should be grand fathered Page 4 Require pole to be shortened to lower signs with a time frame of 7 years to be completed If we are requiring individuals to replace signs, the time frame needs to be longer than 7 years Remove if damaged beyond repair or removed by developer of property Evaluate time frame, some could be required as signs are modified. fixed or repaired Do not set drop-dead date 8. Alternatives to typical sign design should be encouraged. Strongly Agree(2) Agree(5) Disagree(1) Strongly Disagree Implement ASAP(1) Implement Later(4) Suggested Changes/Comments Approval should be on a broader base than just the "Building Official" Must not conflict with other sectioning As long as individuals go through the approval process Specify language to define "alternative design" The alternatives need work to prevent problems, if any with ZBA 11. Sign regulations should be vigorously enforced. Strongly Agree(5) Agree(3) Disagree Strongly Disagree Implement ASAP(2) Implement Later(3) Suggested Changes/Comments This should apply to new developments, and when major modifications are made in existing cases This item needs to be addressed together with other code enforcement issues Page 5 I I I 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: 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. Ord No 2340 Page I 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 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; I-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 Landscape Plans shall be prepared by a licensed landscape architect, certified nurseryman or master gardener. Irrigation Plans shall be designed and installed by a licensed irrigator of the State of Texas. Ord No IUO Page 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. 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. 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 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 and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage. F. Landscape Setback- There shall be a landscape setback area having a minimum width of ten (10) feet adjacent to all public street rights-of-way. Roof overhangs and awnings are permitted within this area as long as no conflict exists with the required landscaping. Loading areas, outside storage and outside display areas shall not encroach into the landscape setback. No parking or maneuvering areas are permitted within the landscape setback with the exception of ingress and egress drives G. Landscape Setback- The landscaped setback shall be provided adjacent to all streets and shall contain grass, ground covers, shrubs, trees or any combination thereof, as provided herein. 1. Required Trees — Within the landscape setback, one (1) 2" caliper tree shall be planted per fifty (50) feet, or fraction thereof, of street frontage. Existing trees situated within the landscaped edge may be included in this calculation. Two ornamental trees may be substituted for a large tree. Ord No 2340 Page 1 2 Required Shrubs- Ten (10) shrubs, two (2) feet in height minimum, shall be planted per 50 linear feet, or fraction thereof, of street frontage 3 The required landscape setback landscaping shall not count toward required parking lot landscaping. H Parking Lot Screening — Parking and maneuvering areas which are not screened by on-site buildings or fences shall be screened from view of public rights-of way and open space as follows 1. Screening shall be a minimum height of thirty (30) inches above the grade of the parking lot along the entire length of the parking and maneuvering area and provide a solid screening barrier using one, or a combination, of the following: a. Screening shrubs b. Walls c.Berms 2 Screening shrubs shall be spaced a minimum of three (3) feet on center and shall be capable of reaching a minimum height of thirty (30) inches within twenty-four (24) months of planting. Shrubs shall be a minimum size of 3 gallons. Shrubs shall be planted a minimum of two feet off the back of curbs. Areas under the car bumpers shall be covered with groundcover or special paving treatments such as brick or concrete pavers. 3. Wall structures shall be masonry There shall be a continuous 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 Design Manual. 4. A maximum 30-inch high earth berg with 1:3 (one vertical to 3 horizontal) slopes set within a minimum twenty (20) feet wide parking lot edge shall be provided between the property line and the edge of the parking lot. The entire length of the berm shall be vegetated with live plant materials. 5. Screening shall not extend into any visibility triangle I Landscaping Credits - Credits for trees and shrubs are 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 ten (10%) percent 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 trees, shrubs, vines, grasses and groundcover that 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. ON No -q0 P.,,<4 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 attached Exhibits. Table 1 Equivalent Landscape Area for Shrubs Height of Shrubs Above Equivalent Landscaped Finished Grade, When Planted Area Credits (square feet) 1' 10sq ft 2' 15 sq ft 3' 20 sq ft 4' 25 sq ft 5' and above 30 sq. ft 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 Exhibits. Table 3 Equivalent Landscape Area for Trees Caliper of Trees at 12-inches Equivalent Landscaped Above Grade, When Planted Area Credits (square feet). 1" 200 sq. ft 2" 400 sq. ft 3" 600 sq. ft 4" 800 sq ft 5" 1,000 sq. ft 6" and above 1,200 sq. ft J Maintenance of Landscaping - 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 be irrigated with an automatic conventional irrigation system equipped with rain and freeze sensor controls. 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 OrJ No 2340 Page 5 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. K Landscaping of Parking 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 15% landscape requirement for the lot. 2. Definitions A. Large Island- An island with a minimum dimension of 6 feet by 12 feet with a minimum of one tree. B. Small Spot Islands- An island with a minimum dimension of 6 feet by 6 feet square, or 6 feet circular. Small spot islands are limited to a maximum of sixty percent of the total number of islands combined. A minimum of one tree is required per spot island. 3 Parking Lot Plant Material Sizes- The following minimum plant material sizes apply at time of planting' A. Large Tree-Minimum 2 inch caliper B. Ornamental Tree—Minimum 4 foot hiqh C. Large Shrub- Minimum 3 feet high D. Small Shrub-Minimum 3 gallon E. Groundcovers-Minimum 4inch pot. 4. All landscaping within the parking lot shall be located within a landscape island. The island 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. The curb or barrier shall be constructed of masonry or concrete. Each island shall be located entirely within the confines of the parking and maneuvering area. 5 One large tree shall be planted for every 20 parking spaces. No parking space shall be more than 75 feet from a landscape island. At least 50 percent of the landscape islands shall be planted with a mix of shrubs and qroundcover. The remaining 50 percent of the landscape islands shall be planted in uroundcover and/or grass. Ord No 2140 Page 6 6 Parking Islands Each side of driveway - Shall be a minimum of 10 feet wide on each side of a driveway for the planting of parking screen shrubs and tree planting to enhance the appearance and identity of parking entrances. The ends of the linear shrub planting or walls shall be turned 90 degrees into each driveway island to further screen head-in parking Shrub planting in the driveway visibility triangle shall be maintained at or below 30 inches in height to provide clear visibility at intersections. Visibility shall be maintained in a vertical zone between 30 inches and 9 feet. 7. Landscape islands - shall be irrigated 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. 8. 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 9. All parking lot areas must have at least 5% of the parking lot landscaped This percentage counts toward the overall landscape requirement for the lot A credit may be given to developers of multi-tenant service/retail centers. The parking ratio may be reduced by 1% for each additional 1% of landscaping up to a total reduction of 5%. 10.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 L. 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 uses that may be considered incompatible. B. Buffer Yard Between Zoning 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. Ord No 2340 Page 7 Table 5 Width of Required Buffer Yard Zoning District Width of Buffer Yard R-7-MF Multi-Family Residential 10 feet 0-1 Office 10 feet LR Local Retail 10 feet C-1 Commercial 10 feet C-2 Commercial 10 feet OC Outdoor Commercial 15 feet I-1 Light Industrial 15 feet 1-2 Medium Industrial 15 feet U Church, School and Institutional 15 feet C. Buffer Requirements 1 Multi-Family Uses adjacent to Single Family- Multi-family uses adjacent to single family uses shall provide the followinq• a. A six to eight foot high masonry wall; b A minimum of one lame tree planted per each 30 linear feet of buffer area c. A minimum of 40 percent of large trees shall be evergreen. 2 Non-residential Uses Adjacent to residential Uses- Non-residential uses adjacent to residential uses shall provide the following: a A six to eight foot high masonry wall; b. A minimum of one large tree planted per each 30 linear feet of buffer area; and a minimum of 40 percent of lame trees provided shall be evergreen. 3. Landscape Review Board A. Creation: There is hereby created a Landscape Review Board. For the purpose of this Ordinance, the members of the City Council shall serve in the capacity of the Landscape Review Board. B. Meetings 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. C. 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: Ord No 2340 Poet 8 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 Nonconformrties. To authorize, when applicable, a budding permit for the reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-conforming within 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. D 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 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 owners 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 F Fees. Every application for a variance shall be accompanied by a filing fee as follows: $175.00 G. Stay of Proceedings: 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 Ord •n 2140 Page 9 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 Hearing: 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 J. Hearing: 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 Voting' 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. Ord No 2340 Page 10 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. 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. 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 Ord No 2340 Page I I 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. II. Repealer Provision That, upon approval, this ordinance supersedes and takes precedence 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 Ord No 2310 Page 12 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. 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 2340 Page 13 Composite of Council/Mayor Responses LANDSCAPING RECOMMENDATIONS SURVEY Phase One - New Development on All Properties in All Areas Suggested Review Time — Begin Now 2. Parking lots should be landscaped by screening parking from public rights-of-way I and by breaking up large expanses of paving with trees and shrubs. Strongly Agree(1) Agree(l) Disagree Strong r Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments Screening of parking is not necessary in all cases Phase two Need additional information To what degree do we screen? a Landscape Zone. Strongly Agree(2) Agree(4) Disagree Strongly Disagree Implement ASAP(2) Implement Later(1) Suggested Changes/Comments None Given b Trees Planted in Head-in Parking Areas of the Landscape Zone Strongly Agree Agree(5) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later(1) Suggested Changes/Comments Not always feasable Need more information about cost and loss of parking spaces How will this impact overall landscaping development? Not Sure — I c Parking Lot Landscape Requirements: 1 Small Parking Areas Less than 350 Spaces. Strongly Agree(2) Agree(5) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) III Suggested Changes/Comments II Not always feasable Agree with Islands but concerned and need additional information on amount Not sure about ratios 2 Large Parking Areas More than 350 spaces Strongly Agree(2) Agree(S) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments Not always feasable Agree with islands but concerned and need additional Information on amount Not sure about ratios d Parking in the Landscape Zones and Open Space Frontages - 1 Shrubs 2 Masonry Wall 3 Berm Strongly Agree(2) Agree(4) Disagree Strongly Disagree Implement ASAP(2) Implement Later Suggested Changes/Comments Do not agree that pedestrian access is needed along the entire length of parking island Yes, if all were maintained What about safety factor (North Hills Hospital)'/ e Parking Islands Each Side of Driveways Strongly Agree Agree(4) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later pi Suggested Changes/Comments Consider the width to be 6-8 feet Not possible Not sure Need additional information Page 2 f Parking Lot Plant Material Sizes Strongly Agree Agree(4) Disagree Strong's Dreagrer implement ASAP(3) Implement Later(1) Suggested Changes/Comments Seek professional advice Not sure g. Parking lot islands are defined as: Strongly Agree(1) Agree(4) Disagree Strongly Disagree Implement ASAP(3) Implement Later(1) I Suggested Changes/Comments The width of island could be less for larger spots Not sure Evaluate If specified sizes fit the typical parking lot design In agreement with islands, but need additional information 3. Buffer standards for both commercial uses along streets and non-single family uses adjacent to single family zoned properties, should be strengthened with increased setbacks and landscaping. Strongly Agree(3) Agree(4) Disagree Strongly Disagree Implement ASAP(5) Implement Later Suggested Changes/Comments: Extremely important to protect homeowners, but need to allow for development of commercial sites t Single family from Multi-family Uses Strongly Agree(3) Agree(4) Disagree Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments Extremely Important to protect homeowners, but need to allow for development of commercial sites _ 2 Single family/Multi-family from all other Uses Strongly Agee(3) Agree(4) Disagree Strongly Disagree Implement ASAP(5) Implement Later Suggested Changes/Comments Extremely important to protect homeowners, but need to allow for development of commercial sites Page 3 3 Residential Subdivisions adjacent to Major Roadways II Strongly Agree(2) Agree(4) Disagree(1) Sne^,g!/Disagree Imclemece ASAP(3) Implement Later(2) Suggested Changes/Comments None given 4 All Non-Residential Uses adjacent to Public Streets Strongly Agree(1) Agree(5) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later(2) Suggested Changes/Comments None given _ 5. Landscaping should be maintained in a healthy and vigorous growing condition. Strongly Agree(2) Agree(5) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later(1) Suggested Changes/Comments Good to have a suggested list, but not required 6 Utilities and services areas should be screened from public rights-of-way. Strongly Agree(3) Agree(3) Disagree(1) Strongly Disagree Implement ASAP(3) Implement Later(2) Suggested Changes/Comments As well as can be expected 7. Irrigation should be provided for all required landscaping on non-single family properties. Strongly Agree(3) Agree(4) Disagree(1) Strongly Disagree Implement ASAP(4) Implement Later(1) Suggested Changes/Comments Depends What is xeroscope7 Page 4 Phase Two - Redevelopment and Improvements to Existing Lots with Buildings Suggested Review Time of 2i° and 3'L/ Quarter 1999 1. Develop and implement a streetscape program for North Richland Hills' major streets, highways and city portals, including such items as street trees and a landscape program, street lighting, traffic signals, intersection treatments and burying overhead utilities. Strongly Agree(3) Agree(4) Disagree Strongly Disagree Implement ASAP(1) Implement Later(4) Suggested Changes/Comments This should be incorporated in new construction and redevelopment areas This will be hard to enforce In agreement with streetscape program, but have reservations about existing utility lines being buried I also have concerns about impact on utilities, sidewalks and Burying overhead utilities is not feasable Would like to know the cost, more information is needed Get businesses involved to share the cost of implementing the streetscape program 5. The City's approved plant list should be revised to focus on hardy native and adaptive plant material as well as drought tolerant plant material. Strongly Agree(3) Agree(4) Disagree(1) Strongly Disagree Implement ASAP (2) Implement Later(2) Suggested Changes/Comments An approved list of suggested plants should be provided to the public Advise of responsibility to maintain landscape This lists needs to be established in order to implement other changes Isn't this necessary for phase one? 6. There should be no exposed chain link fence adjacent to roadways, and wooden fences should be constructed using metal supports in order to reduce the need for structural maintenance. Strongly Agree(3) Agree(4) Disagree(1) Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments Metal supports or treated timber should be used for construction of fences Page 5 This might pose as a security problem If implemented. need time frame for replacement/removal of existing chain link fences Apply to new fences that are built adjacent to roadways we should not require existing landowners to remove fences No drop-dead replacement 8. Mature trees should be preserved or, when development necessitates removal, they should be replaced. SI•ongly Agree(1) Agree(4) Disagree(1) Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments Yes, based on tree prevention requirements Need to define "mature", as it is open to interpretation This should be addressed In a separate ordinance Need more information Every effort should be made to preserve mature trees, but not at expense of precluding future development This recommendation needs additional work and input What about City repairs? 10. Establish a Citywide tree planting program that will ensure "the greening" of North Richland Hills. a Tree Planting Master Plan Strongly Agree(2) Agree(5) Disagree Strongly Disagree Implement ASAP(1) Implement Later(4) Suggested Changes/Comments This needs to be accomplished with volunteers Great idea, but what about cost and maintenance Need additional information b Minimum total of 6 caliper inches of trees located on each residential lot Strongly Agree Agree(3) Disagree Strongly Disagree(2) Implement ASAP(1) Implement Later(3) Suggested Changes/Comments Based on input from professionals Is this feasible (3 1/2 -4) This should be the property owner's preference Page 6 I c Non-single family lots, not less than 15% of the lot shall be landscaped Stroncly Agree(2) Agree(21 Deagree Stronglii Disagree Implement ASAP IL Implement Later(21 Suggested Changes/Comments Under impression that this existed today In agreement for reduction of 15% when warranted 11. Develop a plan to ensure that green space such as parks and trails are located throughout the City. Strongly Agree(4) Agree(4) Disagree(1) Strongly Disagree Implement ASAP(1) Implement Later(3) Suggested Changes/Comments As long as we are not over running individuals What have we been doing the last five + years? 12. Enforce landscaping and maintenance standards and requirements. Strongly Agree(4) Agree/3) Disagree Strongly Disagree(1) Implement ASAP(4) Implement Later Suggested Changes/Comments This is a code enforcement issue Page 7 hi NRH CITY Of NORTH RICHLAND HILLS PROCLAMATION WHEREAS: the American Ref Cross is always there. unter the same trusteb symbol. serving our community arib touching more lives in new ways by provening lifesaving information. training ant' bisaster relief to inbivituals ant' families for the past 83 years: ant'. WHEREAS: the Ret Cross is a leafing voluntarti agency meeting the nets of intivituals ant'families affecteD by personal emergencies ant'Disaster: ant'. WHEREAS: the Ret Cross is besignateD by the Consress of the Vnitet States in the act approvet lannary S. 1905. as ament¢D. 36 V.S.C. Sections 1-9. as the Teat. voluntarti agency responsible for national ant' international ant' relief in time of peace ant'to apply the same in mitigating the sufferings cause)by' pestilence. famine. fire, floots, ant' other great national calamities. ant' to Devise ant' carrtl on measures for preventing the same: ant'. ;'. WHEREAS: the Ret Cross has traineb thousants of people in our community in essential skills such a first alb ant' CPR. ant'provibet HIV/AIDS prevention ant' bisaster preparetness information. saving untolD numbers of lives: ant'. WHEREAS: March has been DesignateD as "Ret Cross Month' by V.S. Presitentiial Proclamation to celebrate the achievement of the Ret Cross in the services it provites to communities nationwite: anti. WHEREAS: the Ret Cross is the leap voluntary agency to help families prepare for a Disaster ant'meet the immebiate neebs of inbivituals affecteD by t Disaster. ant'a leaping voluntary agency training families in first alb. CPR. ant 141V/AIDS prevention etucation: ant' provihing other neeteb services. • NOW THEREFORE. I. Charles Stoma. Mayor of the City of North Richlanb Hills. Texas Do hereby proclaim March 1e99 as: "RED CROSS MONTH" in the City of North Richlanb Hills. ant'urge community acknowlebgement anti support for the ongoing contribution of the Ret Cross. IN WITNESS WHEREOF. 1 have hereunto set my hant ant' causeD the seal of the City of North Richlanb Hills to be affixet this the 22itbay of Februarsj 1999. Charles Seoma. Mayor 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 — FEBRUARY 8, 1999 —5:30 P.M. Present Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Mike McEntire Attorney Marty Wieder Economic Development Director Greg Dickens Public Works Director Larry Koonce Finance Director Donna Huerta Director of Communications Steve Norwood Managing Director Development Serv. Steve Brown Library Director Terry Kinzie Information Services Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5.30 p.m. DISCUSS ITEMS AGENDA ITEM NO. 7, PZ 98-55 — Councilman NAN FROM REGULAR Metts questioned the right-in, right-out curb cuts FEBRUARY 8, 1999 approved by Council in January 1997. Mayor AGENDA Scoma advised that the question would be addressed during the public hearing. The City Manager advised that the city records were vague as to how many curb cuts were approved. The records show that Council approved a curb cut on Grapevine Highway, but the cut on Harwood was not addressed. The applicant has interrupted Council's action as two curb cuts This item was discussed further during the regular Council meeting. Pre-Council Minutes • February 8, 1999 Page 2 r ITEM DISCUSSION ASSIGNMENT IR 99-015 Mr. Norwood explained the Council's role as the NAN FAMILIARIZATION Sign Review Committee and outlined the procedures WITH SIGN to be followed. He advised that the Council would REVIEW be acting as the Sign Review Committee during the COMMITTEE regular Council meeting and they would be hearing PROCEDURE their first request for a variance. Four affirmative votes are necessary for approval of a variance. He advised that it would not be necessary to adjourn the regular Council meeting, but that separate minutes would be kept for the Sign Review Committee. IR 99-018 DISCUSS The City Manager advised that there would not be a PATRICIA H. MEETING DATES quorum of the Council present for the March 8 FOR MARCH meeting because several of the Council would be COUNCIL attending the NLC Conference. He advised that MEETINGS Staff was recommending that the March 8 City Council Meeting be moved to March 15 and the March 22 City Council Meeting be moved to March 29 in order to give some time between the two meetings The consensus of the Council was to place an action item on the next Council meeting changing the dates for the March Council meetings as recommended by Staff. IR 99-017 Councilwoman Lyman requested clarification on the MAYOR/CITY CLARIFICATION removal process for a Board Member who is not COUNCIL/PATRICIA OF BOARD/ meeting the attendance requirements and the COMMISSION monitoring of the attendance Ms. Lyman was ATTENDANCE advised that each Council Member would receive POLICY attendance reports for their Board Members in September, December and May each year. Each individual Council member will monitor their Board Member's attendance. If a Board Member moves from one board to another during the year, the attendance is to be based on the total time served on the current board for a one-year period. The fifty percent attendance percentage is based on attendance from July to May. IR 99-019 The City Manager explained the suggested two LARRY C./ PROPOSED phases for the Council to consider and review the STEVE/RON 'HASING OF SIGN recommendations for landscaping and signage. d LANDSCAPING Phase I will focus on the sign and landscaping REGULATIONS recommendations that will impact undeveloped land. Staff will present to the Council within 30 days, the Pre-Council Minutes February 8, 1999 Page 3 ITEM DISCUSSION ASSIGNMENT information for the first phase for discussion and PROPOSED consideration. Phase II will focus on sign and PHASING OF SIGN landscaping issues related to redevelopment and & LANDSCAPING previously developed areas. The issues for the REGULATIONS second phase will be presented to the Council for (Continued) review during the second and third quarters of 1999 The City Manager highlighted the recommendations that will be reviewed during each of the phases. Councilwoman Lyman questioned whether the businesses in the City would have input on the recommendations from the Land Use Ad Hoc Committee. Mayor Scoma advised that the Economic Development Advisory Board would be meeting later in the week and that it could be brought up for discussion at their meeting. Mayor Scoma advised that after Council has had a workshop to review the recommendations and a proposed ordinance is drafted, a public hearing will be held to receive input from the community. The public hearing will enable the businesses to comment on the proposed regulations. IR 99-016 REVIEW The Council discussed whether the review of the NAN PROCESS AND proposed tree ordinance recommendations should TIMETABLE FOR begin at this time. The consensus of the Council PROPOSED TREE was to wait until the work on the sign and ORDINANCE landscaping ordinances was completed. OTHER ITEMS IR 99-019— Phasing of Landscaping & Sign RANDY/LARRY C. Regulations - Mayor Pro Tem Phifer questioned the staffing of the Land Use Ad Hoc Committee in light of the two vacant positions in Planning The City Manager advised that they would like to notify the committee that the committee meetings would be put on hold until one of the two positions can be filled. The Chairman of the Land Use Ad Hoc Committee, Mr Robert O'Reilly, was present and advised that the Committee would have no objections to temporarily suspending their meetings. The consensus of the Council was to hold the Land Use Ad Hoc Committee meetings until one of the two support staff positions to the Committee can be filled. Agenda Item No. 11 — GN 99-12— Councilman NAN Mitchell advised that if the Council was comfortable Pre-Council Minutes February 8, 1999 Page 4 ITEM DISCUSSION ASSIGNMENT with the phasing of the sign and landscaping OTHER ITEMS regulations, he would remove this item from the (Continued) Agenda. After discussion, Mayor Scoma advised Councilman Mitchell that he would need to make a motion to remove it from the Agenda. OTHER I None INFORMATIONAL ITEMS ADJOURNMENT Mayor Scoma adjourned the meeting at 6:12 p m Charles Scoma — Mayor ATTEST: Patricia Hutson — City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — FEBRUARY 8, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order February 8, 1999 at 7.00 p.m ROLL CALL Present Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman JoAnn Johnson Councilwoman Staff: Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Greg Dickens City Engineer Michael McEntire Attorney Absent Rex McEntire Attorney 2. INVOCATION Invocation given by Councilman Mitchell 3. PLEDGE OF ALLEGIANCE 4. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None City Council Minutes February 08 1999 Page 2 5. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED A. MINUTES OF THE CITY COUNCIL WORK SESSION JANUARY 12, 1999 B. MINUTES OF THE PRE-COUNCIL MEETING JANUARY 25, 1999 C. MINUTES OF THE CITY COUNCIL MEETING JANUARY 25, 1999 D. CALLING CITY COUNCIL ELECTION — RESOLUTION NO. 99-08 E. DESIGNATION OF DEPUTY COURT CLERKS — RESOLUTION NO. 99-09 F. AWARD CONTRACT TO SUPPLY MICROCOMPUTERS TO OMTEX SYSTEMS, INC. — RESOLUTION NO. 99-07 G. APPROVE FINAL PAY ESTIMATE NO. 3 IN THE AMOUNT OF $72,911.27 TO ALL-TEX PAVING, INC. FOR CONN DRIVE AND CLOYCE COURT (23ftD YEAR CDBG PROJECT) Councilman Metts moved, second by Councilman Mitchell to approve the consent agenda Motion to approve carried 7-0 6. SRC 99-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOSEF LUBCZYK FOR A VARIANCE FROM THE SIGN REGULATIONS ON LOT 3, BLOCK 2, COLLEGE CIRCLE ADDITION (LOCATED AT 5935 DAVIS BOULEVARD) DENIED Mr. Steve Norwood, Managing Director of Development Services, summarized SRC 99-01 Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward Mr. Ed Clayman, owner, spoke on behalf of the request. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no else wishing to speak, the Mayor closed the public hearing. City Council Minutes February 08 1999 Page 3 Councilwoman Johnson moved, seconded by Councilwoman Lyman to deny SRC 99-01 Motion to deny carried 7-0 7. PZ 98-55 PUBLIC HEARING TO CONSIDER THE REQUEST OF MARSHALL MERRITT FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE,CAR WASH, AND RESTAURANT ON LOT 5, BLOCK 1, WALKER BRANCH ADDITION (LOCATED ON THE NORHTWEST CORNER OF GRAPEVINE HIGHWAY AND HARWOOD ROAD) — ORDINANCE NO. 2361 APPROVED Mayor Pro Tern Phifer abstaining from discussion and vote. Mr Steve Norwood presented PZ 98-55 Mr Marshall Merritt, applicant, was present to answer questions from the Council Mayor Scoma asked where the storage tanks would be located Mayor Scoma was concerned about the run off of gasoline from pavement into Walker Creek Mr. Merritt advised Council that the location of the storage tanks would be on the west side of the property. Mayor Scoma's concern with EPA restraints and approval, inquired how Mr. Merritt would control residual gasoline and oil. Mr. Merritt said that EPA passed a ruling on December 22, 1998. The ruling stated that gas station's in the country now had to have over-spill buckets, monitoring systems, fiberglass lined tanks and lines. Mayor Scoma asked if there was anyone wishing to speak in opposition or comment to come forward There being no one wising to speak, Mayor Scoma closed the hearing. Councilwoman Lyman moved, seconded by Councilwoman Johnson to approve PZ 98-55 subject to conforming with landscaping and sign ordinances at the time of building permit application and with the right in only Motion to approve carried 6-0, with Mayor Pro Tern Phifer abstaining 8. GN 99-09 25T" (1998/99) YEAR COMMUNITY DEVELOPMENT BLOCK City Council Minutes February 08 1999 Page 4 GRANT PROGRAM — PUBLIC HEARING APPROVED Mr Steve Norwood presented a summarization of GN 99-09 to Council Councilwoman Johnson moved, seconded Councilman Milano to approve GN 99-09 Councilwoman Johnson inquired if the senior citizen center on Glenview would qualify for the Community Development Block Grant Program and if Staff would look at including the senior citizen center next year Mr. Cunningham advised Councilwoman Johnson that senior citizen centers are eligible activities He made mentioned that in planning for street projects, they have two more years planned, but he would look into the senior center if they have any excess monies. Motion to approve carried 7-0 9. GN 99-10 25T" (1998/99) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM — RESOLUTION NO. 99-06 APPROVED Mr. Steve Norwood addressed this item while summarizing GN 99-09 Councilman Metts moved, seconded by Councilwoman Lyman to approve GN 99-10. Motion to approve carried 7-0. 10. GN 99-11 CONSIDERATION OF VOLUNTARY TIME-OF-USE RATES PROPOSED BY TU ELECTRIC —ORDINANCE NO. 2365 APPROVED Mr. Ron Ragland gave a quick staff summary of GN 99-11. Ms. Linda Allen, TU Electric, explained the time-of-use rates to Council and answered questions from Council. City Council Minutes February 08, 1999 Page 5 Mayor Scoma inquired about the implementation of metering (1) how will it be different and (2) how will it be done Ms Allen said that there would be a metering charge, as you can imagine these time-of-use rates require different meters, especially for residential customers The charge for the additional metering is included in the tariff The customer would pay for the cost of the additional metering up front Councilwoman Johnson moved, seconded by Councilwoman Lyman to approve GN 99-11 Motion to approve carried 7-0 11. GN 99-12 MORATORIUM ON SIGNS AND LANDSCAPING PERMITS — ORDINANCE NO. 2366 REMOVED Councilman Mitchell moved, seconded by Councilwoman Johnson to remove GN 99-12 from the agenda Motion to remove carried 7-0. 12. GN 99-13 EXPRESSING COUNCILS DESIRES CONCERNING CONDUCT — RESOLUTION NO. 99-10 APPROVED Mayor Scoma called for one of the drafters of the resolution to open the hearing, by reading the resolution and explaining each of the four events referenced in the resolution. Mayor Pro Tern Phifer clarified Mayor Scoma in stating that he "brought forth this resolution not Councilwoman Lyman, and for the record this is not a hearing this is a resolution It is not part of a hearing and it was not part of our request to have a hearing As Mayor Pro Tem, I requested this item be placed on the agenda regarding issues that I have become increasingly concerned with and have also been expressed to me by other Council members I believe this resolution speaks for itself It was not my intent nor my desire to make a public spectacle of this matter as it was going to be originally addressed in executive session, but as Mayor you have chosen not to As a result I have brought forth City Council Minutes February 08, 1999 Page 6 this resolution, so as to address these issues by a public vote of the Council I have no desire to enter into a public debate with regards to these matters, since they are matters of the Mayor and Council and should be treated as such at this time I don't wish to play this out in the public, but instead focus on more important issues that we have as a Council before us " Mayor Scoma stated that he thinks this is a hearing based upon what legal counsel stated to me First of all, why it is not held in Executive Session. In Executive Session it is illegal under state statute to discuss executive items in public. It is my concern that rumors have a tendency to flow, without being able to address those rumors based upon the facts, I felt that it was necessary and always will feel that it's necessary to have meetings in public when public issues are at stake The appropriate method by which these issues, any issues of disagreement should be handled, in my opinion, is for the person that feels concerned to come to the individual and to express that as an individual Neither of the individuals who have raised this resolution have done that, perhaps because of misunderstandings The point is that the issues that are being raised in this resolution I think very specifically call for actions that are not defined and I think that it is important to define those. Frankly, as Mayor, these issues that are raised I don't understand. I understand the background. I don't understand the rational. Without hearing the rational and hearing the information, I think it would be very inappropriate at least on my behalf for Council to take action on something that I'm not aware of what they are really concerned about." Mayor Scoma covered items outlined in the resolution interference by the Mayor in telling the City Manager, City Secretary or any other member of the staff of the City not to send out communications to which the Council is entitled. Mayor Scoma made the following comments. —"I believe that you are referring to a meeting that I called for a workshop dealing with sign and landscape ordinance While I was in Washington on City business, the City Manager and I discussed the format for the meeting. I had an opinion and he had an opinion I think we just did not communicate very well, and that was my fault and I accept that. I did not understand some of the information that had been requested from Council, so therefore I directed the City Manager in a direction that was contrary to that of the Council I have since that time apologized to the Council for having done that, because I was not aware of their input The other action dealing with instructing the City Secretary not to send out communications has to do with a letter that Mr Phifer and Ms Lyman had drafted to send out to some five hundred parents " Mayor Pro Tern Phifer interjected stating that Mayor Scoma made a false statement. City Council Minutes February 08, 1999 Page 7 Mayor Pro Tern Phifer made a motion, seconded by Councilwoman Johnson to approve GN 99-10 Mayor Scoma stated that the Chair has not recognized Mayor Pro Tern Phifer and has not called for the question. Councilwoman Johnson interjected and moved to call for the vote. Mayor Scoma stated that Councilwoman Johnson had not been recognized Point of order called by Councilwoman Johnson and Councilwoman Lyman. Mayor Scoma recognized Point of Order. Councilwoman Johnson called for a ruling from the City Attorney, to see if she can call for a point of order and the vote taken without any further discussion Mike McEntire, City Attorney, stated if an item is on the floor, a motion has been made and seconded they could vote. Mayor Scoma challenged, but recognized the parliamentary recommendations Councilman Mitchell asked for a provision to motion to change Mayor or Council where listed in resolution to read Mayor and/or City Council. Councilwoman Johnson did not approve of the provision stated by Councilman Mitchell. Motion to approve carried 5-2, with Mayor Pro Tern Phifer, Councilman Metts, and Milano, and Councilwomen Johnson and Lyman voting for, and Councilmen Mitchell and Welch voting against. (A) CITIZENS PRESENTATION Bob Kohsmann, 4526 Shadywood, Colleyville, Texas, voiced his concern about the selection process of Land Use Ad-Hoc committee members. Charles Cole, 6125 Riviera Drive, mentioned his support for a tree ordinance Vivian Moyers, 7933 Kendra Lane, voiced her displeasure with Rufe Snow from 820 to 1709 City Council Minutes February 08, 1999 Page 8 (B) INFORMATION AND REPORTS Advised of May 1" election Report of Daddy/Daughter dance 14. ADJOURNMENT Mayor Scoma adjourned the meeting at 8 23 p m Charles Scoma - Mayor ATTEST. Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS • Department Planning & Inspections Council Meeting Date: 222/99 Subject. Consider Extension of Moratorium on Electronic Agenda Number: PZ 98-24 Message Boards Ordinance No. 2369 The current moratorium on electronic message boards is set to expire on February 26, 1999. This date was originally determined in order to give the City Council time to consider the recommendations of the Ad-Hoc Committee and direct staff to prepare ordinances. The City Council is in the process of reviewing the sign recommendations from the Land Use Ad-Hoc Committee. It is planned that a new sign ordinance will be adopted by March 15, 1999 The attached ordinance extends the moratorium for electronic message boards outside of the freeway overlay zone for an additional two months. There is a provision in the ordinance that states if the City Council adopts new sign regulations dealing with electronic message boards that the moratorium becomes null and void at the effective date. RECOMMENDATION: -o approve PZ 98-24 and Ordinance No. 2369 Finance Review °ource of Funds Acct Number Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget Other / � Fm„o DtiDo Department —ead Signature ///(7/�y City a agar CITY COUNCIL ACTION M Page 1 of ORDINANCE NO. 2369 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 2289 TO EXTEND THE MORATORIUM ON SIGNS THAT CONTAIN ELECTRONIC MESSAGE BOARDS FOR AN ADDITIONAL 120 DAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is concerned about protecting residential properties from unnecessary glare from flashing lights on electronic message boards, and WHEREAS, the City Council has declared a moratorium on signs that contain electronic message boards, and determines that said moratorium is necessary to extend for an additional one hundred and twenty days; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Ordinance Number 2289 is hereby amended to extend the time period whereby no permit shall be issued and no sign that contains an electronic message board shall be constructed or erected within the City of North Richland Hills, except within the Freeway Overlay Zone, for an additional period of 60 days. 2. THAT, this moratorium shall expire on April 22, 1999. 3. THAT, if the City Council approves new sign regulations that govern electronic message boards then this moratorium shall expire on the effective date of the new Ordinance. 4. 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. • Ord nw Page I 5. SAVINGS CLAUSE. That any and all other ordinances of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect. 6. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF FEBRUARY, 1999. Mayor, 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 2369 Page 2 NRH Options for Electronic Changeable Copy Signs 1 Freeway Overlay Zone-Allow Electronic Message Boards only within the Freeway Overlay Zone. There is an area 200 feet from and adjacent to the right-of-way line of Loop 820 and Airport Freeway (State 183/ 121) in which pole signs are allowed to extend up to 65 feet in height Pole signs in this area may contain up to 400 square feet. depending upon the amount of lot frontage This area may be the best area to also allow changeable electronic message boards There area only a few locations along this route where residential properties are in close proximity to the freeway that might be impacted by lights from an electronic message board 2 A second area where changeable electronic message boards may be considered as appropriate location is the area along Grapevine Hwy that is becoming known as the "NRH Entertainment Zone" This location is across from Tarrant County Junior College. There are no residential areas that would be annoyed by lights from these types of signs This location would not dictate excessive sign heights for electronic message boards 1 An additional consideration for electronic message boards is on school campuses, such as at the new BISD high school on Mid-Cities Boulevard A provision for electronic message boards on tracts of 5 acres or larger which are zoned "Institutional"would - , satisfy this situation DataTimeOutdoor Digit Displays by Daktronics, Inc. Note models in stock for immediate shipment! 2900 it Incandescent Lamp 4 SOUTH STATE PROFESSIONAL e • •••• •••• ••• CENTER • • • • • • • • i••• •••• k is APPROX. STANDARD MAX —_—_„`4. I MODEL DIGIT CABINET LAMPS WATTS/ NUMBER HEIGHT SIZE(HxWxD) INCLUDED FACE L '550-12 12' 1a-x 35'x W 11511 1065 r \u S50-18 18' 20'x 50'x 8' 15A15 1450 ...... 550-24 24' 2T x 6T x 8' 33A19 3195 550.36 36' 39'x 9'11'x W 30R20 2900 S50-48 48 49'x 12'8'x 8' 50R30 4840 55060 60' 5'8'x 15'6'x 8' 50R30 4840 •Models ava labia for immediate shipment 1 ` lII ILIA II: ' r _ •-.:��BilliE._ i %i , yr 44 APPRO%. MAX. ~ MODEL DIGIT CABINET LEDs PER WATTS/ L NUMBER HEIGHT SIZE(HxWxD) PIXEL FACE L50-13 13 1'65-x 310'x D 7 90 D=7 5'lop; 4 25' bottom 'Model available for immediate shipment. KNOX Glow Cube® Reflective BANKING DEMOTTE • mum ••• p !fl STATE BANK • • • MIN • •• UN J 1 '�•• APPROX MAX • MODEL DIGIT H CABINET GLOW CUBE WATTS/ NUMBER HEIGHT SIZE(HxWxD) PIXEL SIZE FACE _ tit e TA-410-GOC 10' 1'8'x 34.x 10' 1.5 198 TA-415-GOC 15' 22'x46 5' . %11' 25 236 DAKTRONICS INC. TA-418-GOC 18' 2 x 6 S' x 11' 2 5 238 Setting New Standards Worldwide FEATURES: • 0000 0000 •••• •Single-face or double-face (2V) configurations • • • • •2V displays consist of two display cabinets connected by an •• ••• •• •• • nerconnect harness • • • • • -Easy-to-use programmers handset • • • • •Cycles through time, temperature (Fahrenheit or Celsius)and two • •••• •••• • separate prices, or can be set to display various combinations' •Two output switches included to turn on or off backlit captions 12-Hour or 24-Hour Time for respective pnces' • 12-hour or 24-hour(military)time display 0000 0000 ••• •Automatic daylight savings and leap year adjustments • • • • • •Nighttime dimming' • • • ••• •All aluminum construction 0000 •••• •Solid-state electronics •00• •• • • • • •Front service access • • • • • • • • •Installation and operation manual • • • • 0000 0000 •12-month limited warranty •••• •• •Battery backup •• •Temperature (Fahrenheit or Celsius) •Aluminum cabinet painted flat back •••• •• •Two user-selectable fonts block or rounded' Block Rounded • 0009 • • ••• NOTES: Font Font • • • • ••• •Visibility of LED displays from the side is less than incandescent and • •••• •••• • reflective technologies LED technology works well d your primary • • • • • • • audience is a 30 degree cone of vision from the front of the display. • • •000 • Contact your r Daktronics representative for assistance in choosing the right technology for your application. Gasoline Prices •Cabinet dimensions and weights shown on Page 1 are approximate. •Cabinet depths shown on Page 1 are for single-face displays. 00.0 0000 ••• 000• For 2V displays,cabinet depth must be doubled. • • • • • -Interconnect harness for 2V displays allows a maximum back-to-back • • • • • separation of 24'. Customer is responsible to provide protection for 000 0000 ••• 0000 interconnect harness • • • 'verage power consumption is 60%of maximum. • • • • ,door controller option is available'. Cable (W-1077)is also available. 0000 • • •••• • Support column size is dependent upon the height and total wind load of the entire display including any identification signage. Column selection Room Rates is critical and should be done only by a qualified individual. • Digital display system includes the display, eave mount temperature • • 0000 0000 sensor with 25 cable, and a lockable handset enclosure to be mounted • • • • n a pole near the base of the sign with 25 of cable. • • • • 000• •••• •00• .:^:only to Incandescent 8 LED technologies • • • • • • • • •••• •••• • •••• •••• ••• Commodity Prices •• i•. ••• • • •••• •••• •••• • • • • • • • • • ••• •••• •••• • • 0000 •••• ••• • • • • • • rOptional: 1 • • • • • I Indoor controller with I ••0• • 0000 • � LCD readout for the Dow Jones Indicator J . ability to control display L � I indoors, without going I . \ out •to the sign' :•0• 000: :0•• ••• • • • 0000 0000 ••0 • •• • • • • • \ \' 0000 0•0• •000 ••• b Dow Jones Average Temperature J DAKTRONICS. INC. Sensor Waterproof Handset Enclosure . Handset Setting New Standards worldwide POBox5128 33132ndAvenue Brooldgs,S057006 Phone(605)697-4300 or(888)325-7418 Fax6974700 www daktronics.com e-mail:salese daklronirs.com DataTime'and Glow Cube•are registered trademarks of Daktronics,Inc Cnnvnnnt rn togs nakItnn,rc inc Si n1'QQP.1ca1 — — +p 'First Community ' -u- Credit Union •,- Jamestown.North Dakota :\ »5 I T One6x961ine , Modehc 1000-1-6x96-9 t FIRST Sold by Bacon Signs MIDWEST %ts . BANK _ ■Herkimer County •' j - Trost Company �sx New Hartford,any York Two 6 x 601ines 9'high characters _1 a _ Model G-1000.2-6x80-9 fir Sold by Saxton Sign c__� . _ — , HERK/MER COUNTY( - - - / ,- TRUST COMPANY. I ,._>. /.' Idaho ^I 1 A Physical py J First Midwest Bank Thera F Centerville.ne6 Dakota One6aracerline _. __ ___— lG-100charaders —� Madbl Ace Neon Signs [�. - i Sold by Ace Neon Signs Otis I . fi �- - _ 'Life Fitness Center l r'j LaCrosse.Wisconsin sIdaho Physical Therapy [!'mac L'� Two6xh0lines Nampa,Idaho - C--- 9'high characters One 6 x 64 l ne 9'high characters nicr Model G-1000-2 6x80-9 SadeyGode 'A est 9 Sold by Coulee Signs Sold by Golden West Advertising Exit hiiiJ/ � _- >. J� FIRST STATE BANK - ' C ¢NDte -3, I . y- _ Ricca(Heating 8' - - ; 4. Air Conditioning First State Bank Andover,Minnesota ri _ ;,.1 S. Morgantown,Indiana Two 6 characters - 6x6a line,9•high characters Model G-1000-26x1289 -- . - SSold Sold by Lawrence Signs i old by vanadco Sign --- - ---- —— 1) NI DAKTROCS, INC. InfoNetTM Outdoor P.O. Box 5128 D Brookings, SD 57006-5128, U.S A. L {'D Line Displays 0 (605) 697-4300 on-888-325-8766 C DAKTRONICS, Fax 605-697-4700 tMC CC032797-2033 • co) = .I ro rai cn !a V! 1Ii �}�yy ihigin iii;s, i I �Ymp t1 m 0 N co T V en al Co)it l� m H 0 rn F 0.1 t N a ❑ .-, Nc c 0 c I.! „�-_° ❑ 0 N W "L , I o I n�fz. ® cam li~ c l S � `m 's a- 2,47, O nv V NNp m t1 t ♦EhN /� Q 'O„5 r V] c `a ittroi mm o co t - a • f C T _ `• = C E �4 �a C/) 0 ..1 t-_-'on laj .. r, q c x U 4 /y� a0�o CO VF7 Y m _ wz a LL ° v o ti j m^ C ` wjo m � a •"2 � _ c P m Y Xy' CI _ Auto ¢t ms < m > o co d 3R.KCA RomT (/fm m ° jm =? ° mo.o H n mm nm mmmo mA U No 0Wr-O m� Z �� r O m `o v 0 I mpp rio � -- Ire to ,7 0Lo Na mn• W ij • Is :1 , ¢ o c o n J O ,� .H ymx mn r� ,,L,..;.,S S ill ,k .iicp o .,�• Onm`✓ao e an • .r.,. — -.flr ( ICJ r.._ az r CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 02/22/99 Subject Changing March Council Meeting Dates - Agenda Number GN 99-13 During a recent Pre-Council meeting, the City Council discussed moving the March Council meetings, since a majority of the Council will be attending the NLC Conference in Washington, March 5 — 9 The conference will conflict with the March 8 Council Meeting. It was the consensus of Council to move the City Council Meetings from the 8th and 22nd of March to the 15th and 29th. Recommendation: To approve GN 99-13 to change the City Council Meetings from March 8th and 22ntl to March 15 and March 29 Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avaiiaoie Operating Budget Other Finance Director Department Head Signature W f ray Manager Sire CITY OF NORTH RICHLAND HILLS Department- Parks and Recreation Department Council Meeting Date: 2/22/99 Award Bid for Refinishing Wave Pool to Classic Tile & pu 99-05 Subject: Plaster in the Amount of$42 780 Agenda Number: In the 1998/99 approved operating budget for NRH2O, Council appropriated funds for various repairs. One of the scheduled repairs includes refinishing the beach section of the wave pool. The current surface of the wave pool deck is "Kool Deck." While performing annual repairs, NRH2O staff discovered that when this surface is patched the color can not be matched and the patches are very noticeable, degrading the beauty of the wave pool. The water slide catch pool is finished with "Pebble Tec" and has not needed repair since the Park has been open. Formal bids were solicited to replace the "Kool Deck" surface with a "Pebble Tec" surface. Three bids were requested and one bid was received from Classic Tile and Plaster in the amount of $42,280 Only two local companies are authorized by the manufacturer to install this type of surface. One bidder responded saying they could not meet the specifications or the installation date and the other bidder responded saying they did not have enough help to do a job this large. Refinishing the wave pool deck with the more durable "Pebble Tec" surface will eliminate the annual repairs, give the wave pool a more uniform and pleasant appearance, and be more cost effective. Recommendation: To award the bid for refinishing the beach section of the wave pool to Classic Tile and Plaster in the amount of$42,280. Finance Review Source of Funds: Acct. Number 415-7517-712.73-10 Bonds (GO/Rev.) Sufficient undo Available Operating Budget X Other / ° - nww o..aw /- , Department Head Signature i City Me ger CITY COUNCIL ACTION M Page 1 of CITY OF NORTH RICHLAND HILLS Department Finance Council Meeting Date: 2/22/99 Subject. Award Bid for Annual Contract to Provide Electronic Agenda Number: PU 99-06 Equipment Maintenance to Specialty Underwriters — Resolution No. 99-11 In the 1998/99 approved budget, Council appropriated funds for annual maintenance agreements on various types of electronic equipment. In order to make this a more efficient process and reduce City costs, formal bids were solicited for an annual contract that would provide maintenance for various types of equipment under one contract. Attached is a list of the equipment that was included in the bid with the current and the proposed annual amounts. Under this contract electronic equipment currently under maintenance agreements will be combined under one contract. The exception is equipment under a lease/purchase agreement and systems that are included in interlocal agreements with several cities. The City will realize cost savings of approximately $16,000 annually in maintenance bills by participating in this program and equipment can be added or deleted as necessary. This . contract will have the following advantages: 1. one common anniversary date for all equipment listed; 2. coverage for all parts, labor, travel, power surges, human error, environmental changes; 3. choice of service provider; 4. preventative maintenance managed with corrective calls; 5. coverage 7 days a week, 24 hours per day, including holidays; 6. in-house repairs covered at$35 per hour; 7. rental of equipment if repairs will take an extended period of time; 8. engineering support; 9. company will inventory and tag all equipment to be covered; 10. company dispatches requested service vendor; 11. company will manage all paperwork; receive service reports, invoices and handle all payment procedures directly with the service provider; 12. City will receive copy of all service reports monthly. Finance Review Source of Funds Account Number Various Bonds (GO/Rev ) Sufficien( Funds Avanaore Operating Budget X Other ,rµr �1{/- �t/.A./ finance Director De rtmenf Head Signature , pity Manage Si. ature Pace 1 of 2 CITY OF NORTH RICHLAND HILLS The Cities contacted that are participating in this type of contract all had very positive responses. No one experienced a loss of service and all realized cost savings on maintenance bills. Recommendation' To award the bid for the annual electronic equipment maintenance contract to Specialty Underwriters in the amount of$20,205 and pass Resolution No 99-11 authorizing the City Manager to execute the contract CITY COUNCIL ACTION ITEM Page of Electronic Equipment Maintenance Bid#98420 BID TAB Speciality American Royal QTY DESCRIPTION Underwriters Biomedical Sunalliance 1 1 Neopost Folder/Inserter $2,083 $463 $1,000 $479 2 2 Magner Currency Counter $420 $322 $240 $203 3 2 Magner Coin Counter $540 $594 $260 $183 4 1 Xerox Copy Machine 5314 $245 $230 $620 $471 1 Xerox Fax Machine 7024 $292 $167 $180 $299 5 1 Xerox Fax Machine 7033 $560 $355 $215 $299 6 1 Lanier Fax Machine 4200 $346 $304 $180 $299 7 1 US Datafax fax Machine 770 $595 $460 $180 $299 8 1 Xerox Copy Machine 5014 $245 $224 $545 $471 9 IBM Typewriters $2,651 $1,304 $1,750 $1,871 10 1 Dictaphone Express Talk system $1,296 $753 $400 $5,260 11 Portable Radios $11,172 $8,334 $7,390 $12,973 12 The following Bay Networks equip. shall be covered 7 x 24, on site 3 Centillion Chassis $237 $150 $435 3 Redundant Power Supply $186 $300 $484 11 16 Port Ether Speed, 10B T Switch $2,805 $2,200 $5,191 I 2 Port ATM Speed, SMF $390 $150 $1,026 3 4 Port ATM Speed Switching Module with MCP $1,000 $600 $2,230 2 4 Port Ether Speed Module(100 base T) AS3104 $218 $100 $944 1 Baystack 350T 10/100 Ethernet Switch AL2012E0 $218 $300 $484 Total for Bay Networks $10,800 13 1 HP Apollo 9000 Mdl 720 CRX $1,600 $1,035 $2,869 std configuration to include: 32Mb additional RAM 3 5" 1 4 floppy disk drive 664 Mb SCSI Disk Mass Storage system Add 1 3 GB Digital Audio Tape Dr C2213A 003 Add on 664 Mb SCSI 5.25" Drive Stand alone 660 Mb SCSI CD ROM 1 GB S/E SCSI 2 disk for M735, 720, 730 A2563A 1 HP Designjet 755 CM Color Inkjet $5,268 $698 $200 $1,097 4 Siemens/Rolm $2,200 $1,648 00 $40,000.00 $704.00 TOTAL $36,513.00 $20,205.00 $57,995.00 $38,571.00 RESOLUTION NO. 99-11 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that 1. The City Manager is hereby authorized to execute the contract with SPECIALTY UNDERWRITERS for the annual contract to supply electronic equipment maintenance, as the act and deed of the City. PASSED AND APPROVED this 22nd day of February 1999. 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: Larry Koa, Director of Finance CITY OF NORTH RICHLAND HILLS Department. Parks and Recreation Department Council Meeting Date: 2/22/99 Award of Bid for Installation of HVAC System Subject: for the Green Extreme at NRH2O Agenda Number: PU 99-07 During the operation of the Green extreme at NRH2O last summer, it was determined that the control panels supporting operation of the pumps for the ride required a temperature- controlled environment. Since NBGS was held accountable for not providing a temperature- controlled environment, funds were deducted from their contract to apply towards the installation of the HVAC system. Formal bids were received on February 4, 1999. Three bids were received as follows: Weldon Contractors, Ltd. $56,893 Walker Mechanical, Inc. $59,458 Freer Mechanical Contractors, Inc. $65,513 The project was designed to incorporate two HVAC units to allow for operation of at least one unit in the event that one failed, insuring continued operation of the ride. The project also includes a one-year warranty. Funding is available from the balance in the project account for the construction of the Green Extreme. Work will be completed prior to the opening of the 1999 season. Recommendation: To award the contract for the installation of the HVAC System at NRH2O to the low bidder, Weldon Contractors, Ltd., in the amount of$56,893. Finance Review Source of Funds. Acct. Number Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget _ l0 Other �� dA / Rome'Div:lei War epartment Head Signatures City Ma ager CITY COUNCIL ACTION IT:M Page 1 of CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date. 2/22/99 Subject: Public Hearing to Consider Amending the Accessory Agenda Number: PZ 98-42 Building Regulations in the Zoning Ordinance. Ordinance No. 2367 The P&Z considered and approved accessory building regulations on September 24, 1998. However, that ordinance was not brought before the City Council for consideration because staff was instructed to allow the Land Use Ad-Hoc Committee the opportunity to make recommendations on architectural standards; especially as it relates to carports. The current moratorium on accessory buildings greater than 12' in height is set to expire on February 26, 1999. In an effort to create regulations so that no further moratoriums are necessary, staff has developed the attached ordinance. In brief, the requirements of the ordinance are as follows: 1. Temporary Accessory Buildings: Definition: Temporary accessory buildings are buildings that are portable, easily transportable, and capable of being moved. Location: They may be located 3' from property lines, in easements but not allowed in a drainage easement. Height: Maximum 12' Area: Maximum 200 square feet. Masonry Requirement: None 2. Permanent Accessory Buildings: Definition: Permanent accessory buildings are permanent structures, except for carports or garages, which are constructed as an integral part of a concrete slab. Location: Must generally follow the requirements of the zoning district on side and rear building lines. Maximum Height: 15' Area: Maximum of 500 square feet. Design Criteria: The pitch of the roof shall be the same as the primary structure and the building shall meet the masonry requirements of the zoning district Finance Review 'ource of Funds' Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other r7/ ' ,� IS. Nuevam,eo; anie Department Hea• Signature Ci y Manager CITY COUNCIL ACTION •'EM Page 1 of 3. Carport Regulations: Location: Carports shall not extend past the front building line and shall generally follow the same setbacks as the primary structure. Maximum Height 15' Area: Maximum of 360 square feet. Vehicle Parking Surface: All surfaces shall be either concrete or asphalt. Design Criteria: The pitch of the roof shall be the same as the primary structure and columns or posts supporting the roof structure shall be covered with brick, rock or stone. 4. Detached Garages: Location: Detached garages shall generally follow the same setback requirements as the primary structure. Maximum Height: 15' Area: Maximum of 500 square feet. Vehicle Parking surface: All surfaces shall be either concrete or asphalt. Design Criteria: the pitch of the roof shall be the same as the primary structure and shall conform to the masonry requirements of the zoning district. 5. Accessory building requirements in the AG and R1S zone: Accessory buildings in AG and R1S are exempt from the height and masonry requirements. The size of the structure is limited to 5% of the total lot or tract area. The attached ordinance also makes some minor amendments to definitions relating to accessory buildings. These amendments are located on Page 5 of the Ordinance. Public notice has been given in conjunction with this case because it is an amendment to the Zoning Ordinance. To date staff has not received any comments or questions. RECOMMENDATION: The Planning & Zoning Commission considered this item at its February 11, 1999 meeting and recommended approval. To approve PZ 98-42 and Ordinance No. 2367. • CITY OF NORTH RICHLAND HILLS ORDINANCE 2367 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO AMEND REGULATIONS FOR ACCESSORY BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has issued a moratorium on the issuance of building permits for accessory buildings which exceed twelve feet in height, 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, the Zoning Regulations of the City of North Richland Hills to adopt new regulations for accessory buildings 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 98-42, Section 630, Accessory Buildings is amended to read as follows: Section 630. ACCESSORY BUILDINGS AND STUCTURES A. Primary Structure Required -An accessory building or structure shall only be allowed where a primary building exists, except on land zoned AG -Agricultural. B. Temporary Accessory Buildings and Structures —A temporary accessory building or structure shall be constructed in such a manner that it shall be portable, easily transportable, and capable of being moved without disassembly or damage and shall comply with the following: 1. Property Location Criteria: A temporary accessory building or structure may be placed on an adjacent lot or tract, provided that the two properties are contiguous, fenced as one lot, and under common ownership. 2. Applicable Zoning Districts: Temporary accessory buildings and structures shall be allowed in any residential district, or the agricultural district. 3. Front Building Line: A temporary accessory building or structure shall not be located in the front yard. 4. Side Building Line: a. Interior Lots: 3 feet b. Corner Lots: (1) 3 feet on the interior side Ord 2367 Page 1 (2) Same as the primary building for the side yard adjacent to the street 5. Rear Building Line: 3 feet and may encroach a utility easement, but not a drainage easement 6. Maximum Height: 12 feet 7. Maximum Total Floor Area: 200 square feet 8. Maximum Number Allowed: Two with minimum 3' separation 9. Effect on Rear Yard Open Space: Temporary accessory buildings or structures shall have no effect in calculating the Rear Yard Open Space requirement. 10.Use: A temporary accessory building shall not be used for business or dwelling purposes. 11.Masonry Requirement: None C. Permanent Accessory Building and Structures — Permanent accessory buildings and structures, except carports or garages, which are constructed as an integral part of a concrete slab, concrete beam or with concrete piers, shall comply with the following requirements: 12 Property Location Criteria: A permanent accessory building or structure shall be located on the same tract or lot as the primary building. 13.Applicable Zoning Districts: Permanent accessory buildings and structures shall be allowed in any zoning district. 14.Front Building Line: A permanent accessory building or structure shall not be located in the front yard. 15.Side Building Line: Side yard setback shall be the same as for the primary building. Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard setback shall be as follows: a. Interior Lots: 6 feet b. Corner Lots: (1) 6 feet on the interior side (2) Same as the primary building for the side yard adjacent to the street 16.Rear Building Line: 10 feet - - - 17.Maximum Height: 15 feet. 18.Maximum Total Floor Area: 500 square feet 19.Maximum Number Allowed: one 20 Effect on Rear Yard Open Space: Permanent accessory buildings and structures shall have no effect in calculating the Rear Yard Open Space requirement. 21.Use: An accessory building shall not be used for business or dwelling purposes in any residential zoning district 22.Easements: A permanent accessory building or structure shall not be located within a utility, access, or drainage easement. 23 Design Criteria: a. Pitch of the Roof: The pitch of the roof shall be the same as the primary strucutre. Ord 2367 Page 2 b. Masonry Requirement: The structure shall conform to the masonry requirement of the zoning district. - D. Carport Regulations —A carport shall comply with the following: 1. Property Location Criteria: A carport shall be located on the same tract or lot as the primary structure. 2. Applicable Zoning Districts: A carport shall be allowed in any zoning district. 3. Front Building Line: A carport shall not extend beyond the front building line. 4. Side Building Line: Side yard setback shall be the same as for the primary structure. Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard setback shall be as follows: a. Interior Lots: 6 feet b. Corner Lots: (1) 6 feet on the interior side (2) Same as the primary structure for the side yard adjacent to the street 5. Rear Building Line: 10 feet 6. Maximum Height: 15 feet 7. Maximum Size: 360 square feet 8. Maximum Number Allowed: one 9. Vehicle Parking Surface: A carport shall be on concrete or asphalt and have concrete or asphalt access to a public street. 10.Effect on Rear Yard Open Space: A carport shall have no effect in calculating the Rear Yard Open Space requirement. 11.Use: A carport shall not be used for business or dwelling purposes in any residential zoning district. 12.Carport Entry Distance: Minimum distance between a side or rear property line and a carport entry shall be 20.5 feet. 13.Design Criteria: a Pitch of Roof: The pitch of the roof shall be the same as the primary structure. b Support Columns: The columns or posts supporting the roof structure shall be covered with brick, rock, or stone. E Detached Garages —A detached garage that is constructed as an integral part of a concrete slab, concrete beam or with concrete piers, shall comply with the following requirements: 1. Property Location Criteria: A detached garage shall be located on the same tract or lot as the primary structure. 2. Applicable Zoning Districts: A detached garage shall be allowed in any zoning - district. 3. Front Building Line: A detached garage shall not extend beyond the front building line. Within subdivision in the R1, R1S and R2 Districts in which the subdivision plat is submitted for approval after January 1, 1990, only side entry, Ord 2367 Page 3 rear entry or front entry garages setback thirty (30) feet off the building line shall be allowed. 4. Side Building Line: Side yard setback shall be the same as for the primary structure. Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard setback shall be as follows: a. Interior Lots: 6 feet b. Corner Lots: (1) 6 feet on the interior side (2) Same as the primary structure for the side yard adjacent to the street 5. Rear Building Line: 10 feet 6. Maximum Height: 15 feet. 7. Maximum Total Floor Area: 500 square feet 8. Maximum Number Allowed: one 9. Vehicle Parking Surface: A detached garage shall have concrete or asphalt access to a public street. 10.Effect on Rear Yard Open Space: A detached garage shall have no effect in calculating the Rear Yard Open Space requirement. 11.Use: A detached garage shall not be used for business or dwelling purposes in - any residential zoning district 12.Garage Entry Distance: Minimum distance between a side or rear property line and a garage entry shall be 20.5 feet. 13.Design Criteria: a. Pitch of Roof: The pitch of the roof shall be the same as the primary structure. b. Masonry Requirement: The structure shall comply with the masonry requirement of the zoning district. 2. That, in Case Number PZ 98-42, Section 635, -Permanent Type Accessory Buildings is hereby deleted. 3. THAT, in Case Number PZ 98-42, Section 640, Additional Agricultural Accessory Building Requirements is amended to read as follows: Section 640. ADDITIONAL ACCESSORY BUILDING REQUIREMENTS FOR THE AG-AGRICULTURAL AND R1S-SPECIAL RESIDENTIAL ZONING DISTRICTS Accessory buildings located in the AG Agricultural District and the R-1-S Residential District - - '_ _- ' _ - = shall be Ord 2167 Page 4 exempt from the height limit and masonry requirement contained in Section 630, Permanent Type Accessory Buildings and Structures. 1. Accessory buildings in the Ag-Agricultural District and the R1S-Special Residential Districts shall not be used for as a dwelling unit or for commercial/ business purposes. 2. Maximum Square Footage: The square footage of the structure is limited to 5% of the total lot or tract area. 4. THAT, in Case Number PZ 98-42, the definition for Accessory Building contained in Section 1100, Definitions, is hereby amended to read as follows: Accessory Building or Structure—A building or structure detached from the principal building, the use of which is incidental and subordinate to the principal building. 5. THAT, in Case Number PZ 98-42, the definition for Main Building is hereby deleted and replaced by inserting the following: Principal Building —A building in which is conducted the principal use of the lot on which it is located. 6. THAT, in Case Number PZ 98-42, the definition for Reverse Corner Lot is hereby renamed as Transverse Corner Lot and the definition changed to read as follows: A corner lot in which a side lot line abuts the rear lot line of an adjacent lot. 7. 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. Ord 2367 Page 5 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. RECOMMENDED AND APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF FEBRUARY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission • PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF FEBRUARY 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head Ord 2367 Page 6 APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ord 2367 Page 7 5. PZ 98-42 PUBLIC HEARING TO CONSIDER AMENDING THE REGULATIONS FOR ACCESSORY BUILDINGS IN THE ZONING ORDINANCE. APPROVED Vice Chairman Bowen opened the public hearing and asked Mr. Baker for an introduction. Mr. Baker gave a brief overview of the proposed ordinance stating that the Council has expressed concern regarding the height and impact of large accessory buildings in residentially zoned districts. Staff has developed an ordinance that has four revisions to the current regulations. A maximum height of 12' has been proposed for temporary accessory buildings. Permanent accessory buildings can not exceed 15' and a maximum square footage of 500'. Additionally, a roof pitch on permanent accessory buildings shall have a roof pitch shall be the same as the primary structure. Carport regulations proposed changes will require that the exterior of all posts supporting the roof structure will be constructed of brick, rock or stone with a maximum area of 360 square feet and a 15' height maximum. These same changes are proposed for detached garages. Seeing no proponents and no opponents, the public hearing was closed. Mr. Barfield believes this issue has arisen from people trying to cover their motor homes. He believes if motor homes are to be parked at residences, the structure should compliment the primary structure and this ordinance should allow some design that would allow that. He doesn't believe that 15' height is tall enough for motor homes. Mr. Wood stated that he does not believe that anyone would want to see anything taller than 15' in front of a house. Mr. Wood stated the ordinance does not state that carports must be enclosed, stating that if you make four posts and a cover high enough to put an RV in it, it will be tall, unsightly and exactly what the City is trying to eliminate. Mr. Nehring concurred. Page3 2111/99 P 8 2 Minutes Mr. Baker stated that by definition in the current ordinance, a carport is not enclosed. If it is enclosed, it becomes a detached garage. Mr. Barfield asked about a permanent accessory building that becomes a garage. Mr. Baker stated in that case, it would be considered a permanent accessory building, which is specified as such. Mr. Bowen believes that regulations, as written, with a maximum height of 15', with a pitch is effectively eliminating carports that can cover RV's. Mr. Bowen stated that a higher limit on detached garages would cover the RV issue, stating that 24' would be ample. Responding to a question, Mr. Baker stated that if an accessory structure is more than 200 s.f., it is required to meet the masonry requirements of the district, but there is no requirement that the brick shall match the primary structure. Mr. Blue asked if the verbage in Item 3 should be amended to state approved masonry materials. Mr. Bowen reiterated the maximum height of detached garages should be increased to 24' and single story only. Mr. Barfield stated that in Item 5, where it states asphalt is allowed, would prefer only concrete. He would like asphalt deleted. Additionally, he would like to see the maximum area of detached garages increased to 1,000 square feet. The general concenses of the Commissioners was that was too large and that size should be an exception. Mr. Wood moved to approve PZ 98-42 subject to Item 3 wording regarding brick, rock or stone is changed to "shall meet the masonry requirements of the zoning district"; Item 4 regarding detached garages shall reflect the maximum height with an increase to 24' and one-story. Under Item 5, Vehicle Parking Space Surface should have asphalt deleted and only allow concrete. Mr. Barfield seconded the motion and it carried unanimously. Page4 2/11/99 P 8 Z Minutes CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Council Meeting Date: 2/22/99 Subject. Consider Request of Glen Jones for a Final Plat of Lot Agenda Number: PS 98-61 3, Block A, Rufe Snow Village Addition. (Located at 6889 Hightower Drive) Glenn Jones is seeking a final plat of this 19.3-acre tract of land. The property is zoned R7- Multifamily and a site plan has been approved for the development by both the P&Z and City Council. The issues associated with this final plat are as follows: 1 Offsite Easements: Offsite easements are necessary for this plat in order to gain access to water lines and drainage systems The easements have been forwarded to the Public Works Department The owner of the property where the easements are necessary has agreed to cooperate with the developer and the City. 2 Driveway Spacing: The applicant has been advised and has agreed to no additional curb cuts on Hightower Drive The curb cuts approved with the site plan are 1 main entry for the project and a separate emergency access cut on the east side of the property During the site plan approval process the Fire Department reviewed and approved the cuts. 3 Sidewalks: The applicant has been advised of this requirement and has agreed. 4. Streetlights: The applicant has been advised of this requirement and has agreed. it RECOMMENDATION: The Planning & Zoning Commission considered this request at its January 28, 1999 meeting and recommended approval, subject to engineer's comments. To approve PS 98-61 subject to engineers comments. Finance Review "ource of Funds Acct. Number - Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other ` Fwd , o..c.: Departme Head Signature r City Mana•-r CITY COUNCIL ACTION IT Page 1 of ,' 7•1 1 Imo:, . = — : 1r „� . s • i � I ' ll 1 /„ I. l 11�� 1` •� - \ /� ; �. 1 , JT o,ia:� t'=\ I JJ h (1 I 1 JTi . - 'lid - � . !ii R -2 "1400 . C I • • II R-7-MF 'h R-21400 I: 1 125',11 it I 1' , 4 I _.: . _ :— i c I Agenda Item: li PS 98-61 9 LI`� 1 1 4. PS 98-61 CONSIDER REQUEST OF GLEN JONES FOR A FINAL PLAT OF LOT 3, BLOCK A, RUFE SNOW VILLAGE ADDITION. (LOCATED AT 6889 HIGHTOWER DRIVE) APPROVED Mr. Norwood explained that this project had recently received site plan approval for multi-family construction. All engineering issues have been agreed to. Mr. David Hughes, PE, was present and stated he would answer any questions the Commission might have. Mr Blue, seconded by Mr. Bowen, moved to approve PS 98-61 subject to engineer's comments. The motion carried unanimously. Page 2 1/28/99 P 8 Z Minutes CITY OF N v3 RTH RICHLAND HILLS Public Works January 20, 1999 MEMO TO Christopher Baker, Planner FROM Julia W Skare, Staff Engineer SUBJECT RUFE SNOW VILLAGE ADDIDITON, BLOCK A, LOT 3, PS98-61 I am in receipt of a faxed copy of a letter from Doug Jennings owner of the property to the west of Lot 3 He indicates he is willing to provide drainage and utility easements on his tract as requested by Fairfield. This addresses comment #1 in my memo to you regarding this plat. Public Works feels the plat is ready to be placed on the P & Z agenda The signed easements should be obtained shortly. (1( f,ca •41"- e _ JWS//ifs/pwm99013 / cc Gregory W Dickens, P.E , Public Works Director Kevin B Miller, P E , Assistant Public Works Director P.O. Box 820609•North Richland Hills, Texas•76182-0609 7301 Northeast Loop 820• 817-581-5521 •FAX 817-656-7538 ct_utJ, I s rrJartc u,L O_ Elliott & Hughes, Inc. j Engineers/Planners ---)Leak.),. January 19, 1888 VIA FACSIMILE AND HedLLIZUZERY Julia W. Skate, P.E. Staff Engineer City of North Richland Hills Public Works 7301 Northeast Loop 820 North Richland Hills, Texas 78182 Re. PS98431 Final SubdMslon Plat Lots 3, Bock A, Rule Snow Village Addition City of North Richland Hills, Texas (Fairfield Residential, LLC.) Dear Ms. Skate: This correspondence provides our written response to the review comments contained In your letter of January 15, 1999. The Items listed reference the comment numbers of the above described latter. Comment Item No. 1: We acknowledge this comment. The legal descriptions and exhibits for the two easements have been forwarded to your office, and it Is our understanding that they are acceptable as submitted. Fairfield Residential Is in the process of securing a letter from the adjacent property owner (WCJ Rufe Snow 84., LTD. ^' Douglas Jennings)Indicating his Intent to convey the required easements to the City for the water and storm drainage improvements. His loner will be forwarded to you as soon as It Is received.The required easement documents WI be completed and delivered to you for fling with the final plat., Comment Item No. 2: We acknowledge thls comment Ni of the utility easements and/or waterline easements have a minimum width of fifteen (15)feet Shod segments of these easements are considerably greater In width to Insure all facatiss Mrs hydrants, water meters, datector check assemblies) are located entirely within an easement In accordance with the Ciy's requirements. Comment Item No. 3: We acknowledge this comment. All public storm drainage facilities are located In easements which are a minimum of fifteen (15) feet In width. As in the case In Comment No. 2 above, selected easements are wider than the minimum. Comment Item No. 4: We acknowledge this comment Comment item No. 5: We acknowledge this comment. 1001 West Euless Blvd., Suite 214 • Euless, 76040 • 8171267.1303 „Ls, i a n„,„,„ SIC, In U.S Ms. Julia W. Skare, P.E.; Page 2 Comment Item No. e: We acknowledge this comment No additional driveways otter than those shown on the previously approved site plan will be requested or corisUUCted. Comment Rem No.7:We acknowedge this comment,Appropriate signatures from the owner will be obtained. The surveyor will affix his seal and signature on the final mylars. Comment Rem No. 9: We acknowledge this comment A sidewalk already exists on Hightower, and it Is shown on the final construction plans. Comment Item No. 9: We acknowledge tills comment. Existing street lights will be shown and any additional lights required for Ordnance compliance will Installed. Comment Item No. 10: We acknowledge this comment. All of the appropriate details have been Included in the construction plans. Comment item No. 17: We acknowledge this comment. We appreciate your consideration of the final plat.We bust the your foregoing our position and that of our client In the matters addressd in y review. both Representatives of our office and the owner will be present at the regularly scheduled Planning and Zoning Commission meeting on January 28, 1900, and will be available to expand on the Items discussed herein or to answer additional questions you may have concerning this proposed project. Very truly yours, ��• AND HUG ES, INC. �%I�f -l/ . �/ Z •- �• •va'e a os, Jr., P. . /ea cc: Mr Chnstopher Baker, City Planner Ms. Lori E. Ells, Fairfield Residential, LLC. _- _. ... .. ...,_...».� tLLLUI I c rnwnts 1N1. PAC E 02 leg- 01/19/99 15:38 FAX 811 010 90tH FAIRFIEID — OCR/1/001 Sent by: wen. C. Jennln5s Cc. 617 332 5400 01/19/99 3:30PM Job 715 I Pape 2/ Pku WCJ RUFF SNOW 94, LTD. 'P 500 WEST 13" STREET, SUITE 100 FORT WORTH, TEXAS 76102-4655 • Vista(817)336-2055 FAx(817) 332-5400 January 19, 1999 Ms Julia Skate, P E City of North Richland Hills Engineering Division 7301 N.E. Loop 820 North Richland Hills, TX 76180 RE Hightower Multi-Family Public Utility Easements for Water and Storm Sewer Dcar Ms Skate. I have reviewed the proposed easements u indicated on the attached exhibits and we find them acceptable WCI Rule Snow 94, LTD. is prepared to cooperate with Fairfield and the City in order to have the easements signed and recorded Should you have any questions, please do not hesitate to call. Doug kilning , Managerer,, WWC AuCn Snow 94, CITY OF NORTH RICHLAND HILLS Public Works January 15, 1999 MEMO TO. Christopher Baker, Planner FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT. P598-61; RUFE SNOW VILLAGE ADDITION, Block A, Lot 3; Final Plat We have reviewed the subject documents submitted to this office on December 21, 1998 and January 11, 1999. The following items are for your consideration. DUE TO THE SIGNIFICANCE OF ITEM #1, PUBLIC WORKS DOES NOT RECOMMEND THIS PLAT BE PLACED ON THE P &Z AGENDA FOR CONSIDERATION. 1. OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review. Waterline and drainage easements will need to be dedicated by the property owner to the west The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat The easements or a letter from the adjacent property owner acknowledging the easements will be granted, is required prior to Public Works recommending this plat be placed on the P & Z agenda for consideration 2 UTILITY EASEMENTS The Subdivision Ordinance requires a 7.5 foot Utility or Waterline Easement on both sides of all public water and sanitary sewer mains. 3 DRAINAGE EASEMENTS All storm drain improvements shall be placed in a minimum 15 foot drainage easement. 4 TOPOGRAPHICAL DRAWING The drainage area map and grading plan will need to have sufficient contours on and off site to verify drainage areas and grades This will need to be included with the next submittal. 5 DRAINAGE ANALYSIS Additional calculations and information is required with the next submittal to verify pipe sizes, slope, and hydraulic grades lines. 6 DRIVEWAY SPACING Due to the minimum driveway and street entrance spacing allowed on Major Collectors, no additional (beyond the one proposed on the submitted plan) access drives will be allowed along Hightower Drive. P.O. Box 820609•North Richland Hills,Texas •76182-0609 7301 Northeast Loop 820• 817-581-5521 • FAX 817-656-7538 PS98-61, Rufe Snow Village Addition, Block A, Lot 3, Final Plat January 15, 1999 Page 2 of 3 7 SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature will need to be included on the mylar of the Final Plat. 8 SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be included with the construction plans for coordination purposes It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. 9 STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. 10 DETAILS The appropriate details for services will need to be included in the construction plans Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore recommended that the details be used in their entirety. 11 INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage This review was based on preliminary plans. The intention of this letter is to comment on items of significant importance to the general concept. A detailed review will be processed when the final plans are submitted. There are numerous comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans These plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans P598-61, Rufe Snow Village Addition, • Block A, Lot 3, Final Plat January 15, 1999 Page 3 of 3 The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. JWS/ fs/pwmg9910 cc Gregory W Dickens, P.E , Public Works Director Kevin B Miller, P E, Assistant Public Works Director -)-3 Cl? LI City of North Richland Hills 7301 N.E Loop820 Application for Subdivision Plat Approval N I1t F North Richland Hills,TX 76180 1 �l [�l 817.581.5515 in.us qry arespwsl Application Type: Preliminary Plat XX Final Plat Replat i Short Form Amended Plat Property Owner Information: FAIRFIELD RUFE SNOW APARTMENTS, LTD Name of Property Owner. FATRFTEI fl PFCTDFNTTAI , L L c Phone No.(317) 816-9400 GENERAL PARTNER Address of Property Owner: 2560 NORTH STATE HIGHWAY 360 SUITE 250 City. GRAND PRAIRIE State TEXAS Zip. 75051 Proposed Subdivision Name: No.of Acres in Plat: 19.315 LOT 3, BLOCK A, RUFE SNOW VILLAGE ADDITION No.of Lots in Plat 1 Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not the property owner" Name of Authorized Agent N/A Phone No. Address City: State: Zip: Surveyor/1(jppi,(rhXs)lnformation: . NameofFirm: MARSHALL LANCASTER AND ASSOCIATES, INC, Phone No(817) 268-8000 CONSULTING LAND SURVEYORS Address 1PA4 NORTH NDRWOOD DRIVE, SUITE E City HURST State TEXAS Zip: 76054 Contact Person: MARSHALL LANCASTER, R.P.L.S. Plat Fee Calculation: All Preliminary Plass All Replals,Short Form Plats,and Final Plats All Amended Plats a. Appicalon Fee 412000 a. Applcwlonn Fee. $120.00 a. Application Fee: (none) 0 5150 per residential tit b. 51.50 per residential lot b. County plat firing fee. $58.00' or$500 per commecal acre or 55.00 per commercial acre. 96.58 Total Fee $58.00 Tole!Fee. c. 565.00 for each street mlerseclion N/A d. Count filing lee: $5800' 'Addawnal filing fees may be app6rable Total Fee: 274 58 tor oversae or extra documents. Time Waiver Request:(optional) The applicant is aware that action on this plat maynot lake place for more than may(30)days and wanes all LIMO requirements for approval of No plat Sgnature: �Aae.� W- V I certify that I am,or represent,the owner of The properly descnbed above and hereby submit this subdivision pal to No City of North Richland Ms for canslderalm. Dale: Is. -/7 . v ' your name(PmtedName): 61644A .Y• 4 JO n Cf S'Tahura:_/ ana AI r/ rr71cc_ Subdivision Plat Application 4 CD-418(1 -98) CITY OF NORTH RICHLAND HILLS REVISED Department City Secretary _ Council Meeting Date 02/22/99 Subject Amendment to Council Rules Of Procedures - Agenda Number GN 99-14 Resolution No 99-12 Councilwoman Johnson requested this item be added to the agenda She would like to amend the Council Rules of Procedure to include an addition of Section 3 4 Pre-Council Meetings and Section 4.7 Appeal of Rulings of the Chair. The City Council will need to approve an ordinance amending the Council Rules of Procedure According to the Rules of Procedure, before the Council can take formal action to approve the ordinance amending the Rules, any amendments must first be introduced into record at a previous Council meeting. Resolution No. 99-12 introduces into record Councilwoman Johnson's desire to amend the Council Rules of Procedure An ordinance will then be placed on the March 15 Council Agenda for Council to take action on The proposed ordinance will add both Section 3 4 Pre-Council Meetings, immediately following Section 3.3, and Section 4 7 Appeal of Rulings of the Chair, immediately following Section 4 6 The City Attorney is drafting a proposed ordinance showing these addendum's The proposed Ordinance was not available when the Agendas were distributed to Council The Ordinance and Resolution will be forwarded to you Friday afternoon Recommendation' To approve Resolution No. 99-12 entering into record the Council's desire to amend the Council Rules of Procedure Finance Review Source of Funds Account Number Bonds (GO/Rev) Sufficient Funds Avanaoie Operating Budget Other Finance Director Department Head Signature (.City Manag signature RESOLUTION NO 99-12 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS TEXAS, that 1 Proposed Ordinance No 2370 is hereby introduced into the record at this meeting as proposed amendments to the City Council Rules and Regulations, to be considered for passage at the next Council meeting PASSED AND APPROVED this 22nd day of February, 1999 APPROVED Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, City Attorney 1 ORDINANCE NO 2370 WHEREAS, Ordinance number 984, as amended by Ordinance 1872 and 2296, 2343 contains the City Council Rules and Regulations, and WHEREAS, in order to provide for more orderly presentation of material and in order to protect the health and common good of the City, the Council finds that this Ordinance should be passed amending the Council Rules and Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that. 1 Immediately following Section 3 3 of the Council Rules and Regulations there shall be added a Section 3.4 that shall read as follows "3 4 Pre-Council Meetings a Pre-Council meetings shall be conducted in public pursuant to a posted agenda approved by the City Manager. The Mayor or any Council Member may request that items be placed upon the agenda, but the final decision on agenda items shall rest with the City Manager. The City Manager's decision shall be subject to appeal to the full Council at the next regular meeting b Except for public hearing items, the Council shall be free to fully discuss each item on the agenda, to question each other and to question the staff, inquire into reasons for recommendations and to inquire as to the opinion of other Council Members Each Council Member shall be entitled to state his or her position on each agenda item On public hearing agenda items, the Council Members may ask questions of the staff and ask for staff evaluation of the item c The Council shall be entitled to vote on items of procedure pertaining to the pre-council meeting " 2 Immediately following Section 4 6 of the Council Rules and Regulations there shall be added a Section 4.7 that shall read as follows: "4 7 Appeal of Rulings of the Chair. Appeal of any ruling of the Chair by any Council Member, at any meeting, may be instituted by the words 1 appeal the ruling of the Chair to the Council ° Such member shall then state his position on the ruling of the Chair At that point the Chair shall immediately 1 call for a vote of the Council upon the appeal of the Chair's prior ruling The appeal shall prevail if it passes by a majority vote of those members voting on the question and the position of the objecting member shall prevail If the Chair fails to immediately call for a vote on the appeal, the Mayor Pro Tern shall call for a vote on the appeal and the Mayor Pro Tern shall be entitled to a vote on the appeal In this event, if the appeal carves, the Mayor Pro Tern shall preside during that portion of the meeting devoted to the appealed item and may vote on any substantive or procedural motion made These rules regarding appeal shall apply to all council meetings and pre-council meetings. At the beginning of any meeting when the Mayor Pro Tern is absent, the Council shall elect an acting Mayor Pro Tern " PASSED and APPROVED this 22nd day of February, 1999. APPROVED Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City 2