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HomeMy WebLinkAboutOrd 877-2020 Amend Code Ch 9 Signs VariancesCITY OF ANNA, TEXAS ORDINANCE NO. 1{]] ~ ciDd-Q AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S CODE OF ORDINANCES BY AMENDING CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATIONS); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENAL TY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the subdivision of land, zoning, signs, landscape regulations, and tree preservation in the City; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices and have held the public hearings as required by law and afforded a full and fair hearing to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Article 9.04 Zoning Ordinance and Article 9.05 Signs of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Amendment In accordance with Article 1.01 of the Anna City Code of Ordinances ("Anna Code"), the amendments made to Chapter 9 (Planning and Development Regulations) are hereby amended as follows. ARTICLE 9.04 ZONING ORDINANCE [ ... ] Sec. 9.04.042 Board of adjustment [ ... ] (d) Appeals related to signs. (1) The board of adjustment shall sit as a board of appeals in public hearings for purposes of the sign ordinance (Ordinance No. 2001 01 ). In • • \I • • • 1 including but not limited to: (A) The degree of the requested variance; (B) The reason for the requested variance; (C) The location of the requested variance; (D) The duration of the requested variance; (E) The effect of the requested variance on public safety; (F) The effect of the requested variance on the general plan for signage \Nithin the city; (G) The protection of neighborhood property and property values; aoo (H) The degree of hardship or injustice involved. (2) The board of adjustment shall either: grant the requested variance, deny the requested variance, or grant a variance of a greater or lesser nature than the requested variance. f0-j@ Appeals not related to signs. [ ... ] ~ _{fil Variances L..:J ffit ill Changes. [ ... ] ARTICLE 9.05 SIGNS [ ... ] Sec. 9.05.012 Variances An application for a variation to the conditions of these sign regulations shall be accompanied by a variance application fee in the amount in the amount set forth in section /\5.003 of the fee schedule in appendix A of this code. Such application for a variance may cover more than one sign, but shall apply to one applicant and one . . . . . . . . 2 nm.vspaper of the city at least seven days prior to the date on which the request is heard by the city's board of adjustment. The variation application must contain the following information: @l City council has the authority to approve variations to the conditions of these sign regulations. Variations shall be accomplished through either of the following procedures; ill Variance application and fee in the amount in the amount set forth in section A5.003 of the fee schedule in appendix A of this code, or; ill Development standards set forth in an ordinance granting a Planned Development District. ili.l A application for a variation of the sign regulations shall be submitted no later than 30 days prior to a City Council meeting. Such application may cover more than one sign, but shall apply to only one applicant and one location. {g)_ In considering requests for variations from the requirements of the sign ordinance, the city council shall consider the following factors, including but not limited to: ill The degree of the requested variance; Q.l The reason for the requested variance; Ql The location of the requested variance; ill The duration of the requested variance; .(fil_ The effect of the requested variance on public safety; . .(ill The effect of the requested variance on the general plan for signage within the city; ill The protection of neighborhood property and property values; and ill). The degree of hardship or injustice involved. @ For either variation process the applicant must provide the following information: (1) Name, address, and telephone number of the applicant. (2) Location of building, structure, or lot to which or upon which the sign is to 3 [ ... ] be attached or erected. (3) Position of the sign in relation to nearby buildings or structures, including other signs. (4) The zoning classification of the property on which the sign is to be located, and the zoning classification of all property within 250 feet of the sign location. (5) The specific variation requested and the reasons and justification for such requests. (6) +efl--Two copies of the signage and site plan shall be required. Sec. 9.05.015 Appeals All matters related to appeals or variances from the requirements of these sign regulations shall be brought before the city's board of adjustments city council and the city council's decision shall be final in accordance with the city's zoning ordinance. [ ... ] Sec. 9.05.085 Office, retail and commercial districts [ ... ] (5) Class 5. To the extent permitted under section 9.05.056 (a) of these sign regulations, major free-standing signs shall be permitted in these districts. Single- usage major free-standing signs, as described in division 2 of this article, shall not exceed the standards set forth in table 1. The number of signs shall be limited by the following: [ ... ] [ ... ] (E) For sites exceeding 15 acres on which signs are desired in excess of the above regulations, a total sign plan for the site may be submitted to the board of adjustments city council for consideration as a variance from the requirements of this section. 4 Section 3. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 4. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by applicable law for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 5. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 22nd day of September 2020. ATTESTED: 5 DESCRIPTION: CITY OF ANNA PLANNING & ZONING COMMISSION September 1, 2020 Text Amendment Sign Variances Request a recommendation to amend Article 9.04 Zoning Ordinance and Article 9.05 Signs of Chapter 9 Planning and Development Regulations of the City of Anna Code of Ordinances in order to amend regulations pertaining to sign variances. HISTORY: The City of Anna adopted signage regulations on January 9, 2001 (Ord. No. 2001-01 ). As part of these regulations was the establishment of a Sign Control Board whose powers and duties were to consider variations to the requirements of the signage regulations. On March 11, 2008 the City Council amended the sign ordinance and zoning ordinance (Ord. No. 370-2008) by eliminating the Sign Board and amending the duties of the Board of Adjustments so that all matters related to appeals or variances to the signage regulations would be considered by the City of Anna Board of Adjustments. Included within both ordinances was language that gave final authority to City Council on all signage related variance requests: ''All actions taken on variance request shall be submitted to the City Council for review. Such actions of the Board of Adjustment shall become final unless reversed or modified by the City council at the City Council meeting following the Board of Adjustment meeting at which formal action was taken by the Board of Adjustment. In reviewing the action of the Board of Adjustment or variance requests, the City Council shall consider the records made at the hearing before the Board of Adjustment." When the City of Anna Ordinances were recodified later in 2008 that section/language which gave City Council final authority and review of signage variance requests was not included. City staff has been unable to find information as to why this language was removed. REMARKS: The intent of the ordinance amendment is to give the City Council exclusive authority to hear appeals and variances on all sign issues as staff is recommending that such decisions should not be considered as zoning variances normally decided by the Board of Adjustment. Additionally, the proposed amendment will allow variations to the signage regulations to be included within development standards as part of adoption of a Planned Development District (PD). A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. Currently, existing zoning language states that when granting a PD the city council may consider development standards that include signs. "Development standards for each separate PD district shall be set forth in the ordinance granting the PD district and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council may deem appropriate." SUMMARY: Repeal Zoning Ordinance 9.04.042(d) in its entirety and amend Signage Ordinances 9.05.012, 9.05.015, and 9.05.085 to give the City Council exclusive authority to hear all matters related to appeals or variances of the sign regulations. RECOMMENDATION: Recommended for approval as follows: (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) ARTICLE 9.04 ZONING ORDINANCE [ ... ] Sec. 9.04.042 Board of adjustment [ ... ] (d) Appeals related to signs. (1) The board of adjustment shall sit as a board of appeals in public hearings for purposes of the sign ordinance (Ordinance No. 2001 01 ). In considering requests for variances from the requirements of the sign ordinance, the board of adjustment shall consider the following factors, including but not limited to: (A) The degree of the requested variance; (B) The reason for the requested variance; (C) The location of the requested variance; (D) The duration of the requested variance; (E) The effect of the requested variance on public safety; (F) The effect of the requested variance on the general plan for signage within the city; (G) The protection of neighborhood property and property values; and (H) The degree of hardship or injustice involved. (2) The board of adjustment shall either: grant the requested variance, deny the requested variance, or grant a variance of a greater or lesser nature than the requested variance. ~ {Q} Appeals not related to signs. [ ... ] ff) {fil Variances L;] ffi1 ill Changes. [ ... ] ARTICLE 9.05 SIGNS [ ... ] Sec. 9.05.012 Variances An application for a variation to the conditions of these sign regulations shall be accompanied by a variance application fee in the amount in the amount set forth in section A5.003 of the fee schedule in appendix A of this code. Such application for a variance may cover more than one sign, but shall apply to one applicant and one location. The notification for a variance application must appear in the official newspaper of the city at least seven days prior to the date on 1.vhich the request is heard by the city's board of adjustment. The variation application must contain the following information: @l City council has the authority to approve variations to the conditions of these sign regulations. Variations shall be accomplished through either of the following procedures; ill Variance application and fee in the amount in the amount set forth in section AS.003 of the fee schedule in appendix A of this code, or; ill Development standards set forth in an ordinance granting a Planned Development District. .(Ql A application for a variation of the sign regulations shall be submitted no later than 30 days prior to a City Council meeting. Such application may cover more than one sign, but shall apply to only one applicant and one location . .(gl In considering requests for variations from the requirements of the sign ordinance, the city council shall consider the following factors, including but not limited to: ill The degree of the requested variance; ill The reason for the requested variance; .(fil The location of the requested variance; .(4l The duration of the requested variance; .(fil The effect of the requested variance on public safety; ill} The effect of the requested variance on the general plan for signage within the city; ill The protection of neighborhood property and property values: and .(fil The degree of hardship or injustice involved . .(Q)_ For either variation process the applicant must provide the following information: [ ... ] (1) Name, address, and telephone number of the applicant. (2) Location of building, structure, or lot to which or upon which the sign is to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures, including other signs. (4) The zoning classification of the property on which the sign is to be located, and the zoning classification of all property within 250 feet of the sign location. (5) The specific variation requested and the reasons and justification for such requests. (6) +eR-Two copies of the signage and site plan shall be required. Sec. 9.05.015 Appeals All matters related to appeals or variances from the requirements of these sign regulations shall be brought before the city's board of adjustments city council and the city council's decision shall be final in accordance with tho city's zoning ordinance. [ ... ] Sec. 9.05.085 Office, retail and commercial districts [ ... ] (5) Class 5. To the extent permitted under section 9.05 .056 (a) of these sign regulations, major free-standing signs shall be permitted in these districts. Single-usage major free-standing signs, as described in division 2 of this article, shall not exceed the standards set forth in table 1. The number of signs shall be limited by the following: [ ... ] [ ... ] (E) For sites exceeding 15 acres on which signs are desired in excess of the above regulations, a total sign plan for the site may be submitted to the board of adjustments city council for consideration as a variance from the requirements of this section.