Loading...
HomeMy WebLinkAboutOrd 878-2020 Rezoning Property's Signage Variance (One Two Anna Addition)CITY OF ANNA, TEXAS ORDINANCE NO. ~TB·-;;).090 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY 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, after due consideration and discussion the City Council finds based on the evidence and arguments presented during the public hearing that the evidence: • Demonstrates the degree of the variance is in conformance with the spirit of Article 9.05 Signs; • Demonstrates a reasonable request due to the topography of the highway impeding the property's signage visibility that is available to surrounding properties; • Demonstrates that the location of the request shall be only for the signs as shown on Exhibit 1; • Demonstrates the duration of the request to run concurrently with the zoning; • Demonstrates that the request will not impact public safety; • Demonstrates the conformance with the general plan within the city; • Demonstrates protection of neighborhood property and property values; and • Demonstrates the hardship is not self-inflicted. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Amendment 1. Height and Copy Area -Pole Sign (future QT lot) • 75' height and 352 sq. ft. copy area per side. 2. Distance between signs on same lot (future QT lot): • Minimum 225 feet distance between pole sign and major free-standing sign. 3. Height and Copy Area -Multiple-Usage Major Free-Standing Sign (U.S. Hwy 75) • Two (2) 50' high major free-standing signs along U.S. Highway 75 each with 600 sq. ft. copy area per side. 4. Height and Copy Area -Multiple-Usage Major Free-Standing Sign (W. White St.) • 30' high major free-standing signs along W. White Street with 300 sq. ft. copy area per side. 5. Number of major free-standing signs within an office, retail and commercial district for a site of 15 acres or greater. • Variance from the requirements of Sec. 9.05.085(5) for sites exceeding 15 acres. 6. Any additional signage not identified on Exhibit 1 shall be subject to the rules and regulations of Article 9.05 Signs. 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: