HomeMy WebLinkAboutOrd 940-2021 Amending Sign Zoning Ordinance for Calvary Baptist ChurchCITY OF ANNA, TEXAS
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 TxDOT right-of-way acquisition
associated with the State Highway 5 widening project;
• Demonstrates that the location of the request shall be only for the existing sign;
• Demonstrates the duration of the request to run with the use of the property as a
religious facility or until the sign is damaged, whichever is first;
• 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
Variance from the City of Anna Sign Ordinance to allow for the reconstruction of a
nonconforming Class 5, major free-standing sign with the following stipulations:
1) No additional pole signs shall be permitted on this site.
2) The sign shall not be reconstructed nor replaced with another major free-
standing sign if damaged in the future.
3) A sign permit application shall be submitted with engineering drawings.
4) Landscaping around the base of the sign as required for monument signs.
5) The copy area (text on the sign, excluding address number) shall be limited
to the cabinet (10' x 5') as originally designed.
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 14th day of September 2021. APPROVED: Z"
ATTESTED:
Carrie L.
City Secretary
Pike, Mayor
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