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HomeMy WebLinkAboutOrd 447-2009 Amending Part III-D Temporary Promotional Signs.pdfCITY OF ANNA, TEXAS ORDINANCE NO. "7-2009 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III-D, ARTICLE IV, CLASSIFICATION, SECTION 5(c); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; 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(c) of The Anna City Code of Ordinances ("Anna Code"); 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(c). In accordance with Part II, Article I, Section 9 of the Anna Code, the following amendments are made to Part III-D, Article IV, Classification, Section 5(c). Ord. 447-2009 Amending Sign Regulations and Fees.doc 1 06-09-09 Section 5. Class 4, Temporary Promotional Signs 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 subpaFagFa-b FVT (c4gubsection, the term "local" JeGa4 means an organization with an organizational presence within the Anna qjbLs sit -corporate limits or its e)dFa teRitG" extraterritorial 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 or similar purposes: charitable, benevolent, religious, eleemosynary, philanthropic, patriotic, civic, missionary, educational, scientific, social, fraternal, athletic, aesthetic, agricultural, horticultural, or being dedicated to the conduct of Ord. 447-2009 Amending Sign Regulations and Fees.doc professional, commercial, industrial, or trade associations. A permit issued for signs described under this subsection shall allow a maximum of 4 four temporary promotional signs which shall not exceed 32 square feet, and a maximum of 20 temporary promotional signs which shall not exceed 3 three square feet. Only one permit shall be issued per event on a first -come, first -served 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 eRly be plaGed on pr-oper-liffies that have an agF:irul:tuFal OF AGA FesideRtial zening distltirt designation, that aFe used fGF AGn Fesidential PUFPGSaS, OF that aFe paFt of a helTle 9wReF'6 asseGiation Gemmen aFea. 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 signs may not be lighted. Permits under this GlassifiGati subsection shall be limited to six events per organization per calendar year. (Ord. No. 44 7-2009, adopted (06 / 09 / 09 2 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 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. The 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. PIT-4TNTIV�- M"111"'MT111,17FIL III : ITn. ;T. nwv.6 PASSED by the City Council of the City of Anna, Texas, this Gth day of June 2009. Ord. 447-2009 Amending Sign Regulations and Fees.doc 3 06-09-09 Fol 0 P&I I go