HomeMy WebLinkAboutOrd 443-2009 Amending Signs-Temporary Promotional Signs.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. "3-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 111-D, ARTICLE IV,
CLASSIFICATION, SECTION 5 AND PART IV, SCHEDULE OF FEES, ARTICLE VI,
SECTION 1; SIGN PERMIT FEE, ADDING A NEW CATEGORY OF CLASS 4 SIGNS
AND ADOPTING A PERMMT FEE FOR SUCH SIGNS; PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $M; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing the installation of signs and permit fees for such
signs; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part III-D, Article IV, Classification, Section 5 and Part IV,
Schedule of Fees, Article VI, Section 5 of The Anna City Code of Ordinances ("Anna
Code") by adding a new category of Class 4 signs and adopting a permit fee for such
signs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
2.01 Amendment to Part III-D, Article IV, Classification, Section 5.
In accordance with Part 11, Article I, Section 9 of the Anna Code, the following
amendments are made to Part 111-D, Article IV, Classification, Section 5.
Ord. 443 -2009 Amending Sign Regulations and Fees 1 05-12-09
r 161 - 1 9 1 11 0 . ! ,
Temporary promotional signs in the use districts, where permitted, require a sign
permit to be issued by the building official prior to erection. Submission to the building
official shall include, but not be limited to, a drawing or sketch showing the type, size,
height, and location of the temporary promotional sign (including banners, flags, and
pennants) along with a description of the means of attachment or support, and the
stated purposes of the promotion. Temporary promotional signs are limited to
permissive signs in this section. A promotion for a site, center, complex, or subdivision
shall be interpreted as a promotion for each and every establishment within such site,
center, complex, or subdivision. Specifically, Class 4 signs shall include:
(a) signs, banners, flags, balloons, or pennants promoting a merchandise program,
opening of a retail or commercial establishment, or center, special program of a
public institution, or the opening of a single-family subdivision or multifamily
complex, providing that such sign shall have a maximum single use period of 30
days for the initial permit for a new business and a 21 -day permit thereafter.
Such sign shall have a minimum period between permits of seven days and a
maximum number of four permits per year. The use of balloons shall be
restricted to the initial 30-day permit. The size of a banner shall be limited to one
square foot per length of lease space up to a maximum of 200 square feet.
(b) freestanding signs for the purpose of identifying location of or direction to
subdivision, home builders' and Developers' sites. On -Site signs may not exceed
96 square feet in area and may not exceed 15 feet in height. Off -Site directional
signs shall not exceed 32 square feet in area and may not exceed 15 feet in
height. One sign shall be allowed for parcels of 30 acres or less. One additional
sign shall be allowed for each additional 30 acres or any part thereof of
development. Permits shall be granted for a maximum period of six-month
intervals. Nonresidential signs shall be removed upon issuance of an occupancy
permit for the nonresidential structure.
(c) temporary on or off -site promotional signs, banners, flags, or pennants erected
by the local chamber of commerce, a local non profit organization or a local
governmental entity and containing messages directly related to a special event
sponsored by the organization. For the purpose of this subparagraph (c), local
means an organization with an organizational presence within the Anna city limits
or its extra -territorial jurisdiction. A "Non -Profit Organization" means an
organization that is, or based on the nature of its operations is fully eligible to be,
a "Non -Profit Corporation" as that term is defined under Tex. Rev. Civ. Stat. Ann.
Art. 1396-1.02(3), as amended, and which has one or more of the following o
similar purposes: charitable, benevolent, religious, eleemosyna!Y, philanthropic,
patriotic, civic, missionary, educational, scientific, social, fraternal, athletic,
aesthetic, agricultural, horticultural, or being dedicated to the conduct of
Ord. 443 -2009 Amending Sign Regulafions and Fees 2 05-12-09
signs described under this subsection shall allow a maximum of 4 temporary
promotional signs which shall not exceed 32 square feet, and a maximum of 20
temporary promotional signs which shall not exceed 3 square feet. Only one
permit shall be issued per event on a first -come, first -serve basis. For off -site
signs, written permission from the property owner is required. Signs shall not be
located within any public right-of-way. Signs may only be placed on properties
that have an agricultural or non-residential zoning district designation, that are
used for non-residential purposes, or that are part of a home owners association
common area. Signs may be displayed no more than 30 days prior to the event
and must be removed within two days after the conclusion of the event. The sign
locations must be approved by the Building Official for safety purposes. Such
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signs may not be lighted. Permits under this classification shall be limited to six
events per organization per calendar year.
(Ora No.443-2009, adopted 05112QJ9
2.02 Amendment to Part IV, Schedule Of Fees, Article VI, Section 1; Sign Permit
Fee.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part IV, Schedule Of Fees, Article VI, Section 1; Sign Permit
Fee
Section 1. Sign Permit Fee
Fees for the issuance of a sign permit shall be determined from time to time by
appropriate resolution of the City Council. The fee for a sign permit for a sign that was
constructed without a permit shall be twice the cost of the standard permit fee. (Ord
194A-2005, adopted 31W005)
Except for signs described in Part III-D, Article IV, Classification, Section 5(c), the fee
for permits for Class 1, 2, 3 and 4 signs shall be $50 for each permit. The permit fee for
Class 4 signs described in Part III-D., Article IV, Classification, Section 5(c) shall be
$26 for each permit. (Qvd No. 443-2009, adapted 05/12109)
The fee for permits for Class 5, 6, and 7 signs shall be $150 each permit.
(Ord. 2001-02, adopted 1/9/2001)
Cross Reference: Part 111:D
, Sign Regulations, Article /it, Section 5
Section 3. 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
Ord. 443 2009 Amending Sign Regulations and Fees 3 05-12-09
any such violation shall be fined in an amount not to exceed $500 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. 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.
"rhe City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section S. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 12t' day of May, 2009.
ATTESTED: APPROVED:
Ord. Yqj -2009 Amending Sign Regulations and Fees 4 05-12-09