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HomeMy WebLinkAboutOrd 370-2008 Amending Sign Ordinance-Sign Board.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 370-2008 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING ARTICLE 11, DIVISION 2 OF THE SIGN ORDINANCE (ORDINANCE NO. 2001-01) BY ABOLISHING THE SIGN CONTROL BOARD; AMENDING SECTION 27A OF THE ZONING ORDINANCE OF THE CITY OF ANNA (ORDINANCE NO.116-2003) BY ASSIGNING SIGN APPEALS AND VARIANCE DUTIES TO THE BOARD OF ADJUSTMENT; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF AND EFFECTIVE DATE WHEREAS, the City of Anna Sign Board meets infrequently; and WHEREAS, the City of Anna finds it necessary and beneficial to the public to eliminate the Sign Board; and WHEREAS, the City of Anna desires to amend the duties of the Board of Adjustment to include the duties formerly discharged by the Sign Board; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Amending Article 11, Division 2 of the Sign Ordinance No. 2001-01. Article 11, Division 2 of the Sign Ordinance No. 2DO1-01 is hereby amended to read as follows: "Section 21. The Sign Control Board is abolished. All matters related to appeals or variances from the requirements of this ordinance shall be brought before the City of Anna Board of Adjustments in accordance with Section 27A.3.4 of the City of Anna Zoning Ordinance (Ordinance No. 116-2003, as amended)." Section 2. Amending Section 27A of the Zoning Ordinance of the City of Anna, Ordinance No. 116-2003 as amended. Section 27A. of the Zoning Ordinance of the City of Anna, Texas, is amended to read as shown (strikethrough text = deletion; bold, italic text = addition). Ord. No. 370-2008 A ntng Sign Ortfl e.dm PAGE I OF 7 03.11-06 SECTION 27A BOARD OF ADJUSTMENT 27A.1. Creation There is hereby created a board of adjustment which shall be organized, appointed, and function as follows: The board of adjustment shall consist of five (5) members who are residents of the City of Anna or its extraterritorial jurisdiction, each to be appointed by the city council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. The city council shall designate one (1) member as chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the city council may appoint two (2) aitemate members who shall serve in the absence of- one (1) or more of the regular members when requested to do so by the chairman or city administrator, as the case may be. The terms of three (3) members shall expire in May of each odd -numbered year and the terms of two (2) of the members shall expire in May of each even -numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two (2) years. Newly -appointed members shall be installed at the first meeting after their appointment. 27A.2. Organization The commission shall hold an organizational meeting in May of each year. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this ordinance and the requirements of law. 27A.3. Powers and Duties of Board 27A.3.1. Appeals Based on Error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this ordinance. 27A.3.2. Limitation on Reapplication: When the Board of Adjustment has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for twelve (12) months after the date of denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board. 27A.3.3. Vote of Four Members Required: The concurring vote of four members of the Board of Adjustment is necessary to: Or&N0.370-2008 Amendig Sign OnOnanm.,im PAGE 2OF7 03.11-08 (a) reverse an order, requirement, decision or determination of an administrative official; (b) decide in favor of an applicant on a matter on which the Board is required to pass; or (c) authorize a variation from the terms of a zoning ordinance. 27A.3.4. Appeals Related to Sions. The Board of Adjustment shall sit as a board of appeals in public hearings for purposes of the Sign Ordinance (Ordinance No. 2009-09). in considering requests for valances from the requirements of the Sign Ordinance, the Board of Ac¢usbnent shall consider the following factors, Including but not limited to: (a) the degree of the requested valance; (b) the reason for the requested valance; (c) the location of the requested valance; (d) the duration of the requested valance; (e) the effect of the requested valance on public safety; (t) the effect of the requested valance 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. 27A.3.4.9. The Board of Adjustment shall either. grant the requested valance, deny the requested valance, or grant a valance of a greater or lesser nature then the requested valance. 27A.3.4.2. All actions taken on variance requests 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. to 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. 27A.4. Appeals Not Related to Sions 27A.3:1- 27A.4.9. Procedure: Appeals may be taken to and before Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal Ord. No. 370-2008 /hand" SIV Ordliw�.dm PAGE 3 O 7 03-11-08 shall be made by filing in the office of the City Secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken. 27-A.3.2. 27A.4.2. Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the oy'ir,uana„nha+. sr wrdM ,.Strr.r.^d4h'..y: mo. Qeo vi of the office from whom the appeal is taken. 27A22 27A.4.3. Notice of Hearing on Appeal: The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith. 77AA 2 A 27A.4.4. Decision by Board: The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken. W-114aff7RTi7�?1 The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, including the following: 27AA 4 1, 27A.5.1. Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, Ord. No. 370-2008 AmminSign Ordk Am PAGE 4 Oil 03-11-00 provided such variance will not seriously affect any adjoining property or the general welfare. 27A 4 2 27A.5.2. Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or aerations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the Comprehensive Plan as established by this ordinance and at the same time, the surrounding property will be properly protected. 23A4 3 27A.5.3. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this ordinance. Except as otherwise provided herein, the board shall have, in addition, the following specific powers: 2%A.c, r-.-i-o-. �.1. 27A.5.3.1. To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties. 2%Acmwr. 2.2. 27A.5.3.2. To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare. 27A422 27A.5.3.3. To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance. Ord. No. 370-2M Amending Sign Ongnance.doc PAGE 5OFr 03-11-08 27A.5.3.4. To permit the reconstruction of a non -conforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than ninety percent (90%) of its fair market value, where the Council finds some compelling necessity requiring a continuance of the nonconforming use. 27A.5.3.5. To waive or reduce the parking and loading requirements in any of the districts, when (i) the character or use of the building is such as to make unnecessary the an advantage or a Convenience. - 27A.4 4 27A.&A A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating: (a) that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district; (b) that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; (c) that the special conditions and circumstances do not result from the actions of the applicant; (d) that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district; and (e) no non -conforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 27-A:5.Chanaee 27A.6. Changes 27A.M. The Board of Adjustment shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone. Ord. no. 370-2008 Amending Sign OrdlnAnce.dm PAGE 6OF7 03-11-06 27A.&2. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Building Official and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by the laws of the State of Texas. Section 3. Penalty for Violation of this Ordinance Any violation of any of the terms of this ordinance, whether herein denominated 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 $2,000 for each incidence of violation. Each day of the continuance of such violation shall be considered a separate offense and be punished separately. Section 4. Savings, Repealing and Severability Clauses If any provision of this Ordinance shall be held to be invalid or unconstitutional, the remainder of such Ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. All ordinances of the City of Anna in conflict with the provisions of this Ordinance are repealed to the extent of that conflict. If any section or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. Section S. Publication of the Caption Hereof and Effective Date This ordinance shall become effective upon the passage by the City Council, approval by the Mayor, and publication of the caption as prescribed by law. PASSED by the City Council of the City of Anna, Texas, on this the 11r" day of March, 2008. ATTESTED: APPROVED: C6 Secretary, Natha tNilklson Mayor, Kenneth Pelham OM. No.37O.2MAmencHMSRn OAinnrciypc iOAery&F7..,� 03-11-00