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HomeMy WebLinkAboutOrd 580-2012 Waiver Masonry.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 580-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART IH -C (ZONING ORDINANCE), SECTION 4 (DEFINITIONS) AND SECTION 35 (SUPPLEMENTAL DISTRICT REGULATIONS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has previously adopted ordinances, rules and regulations governing land use and district regulations; and WHEREAS, the City Council desires to allow existing or proposed uses with regionally or nationally recognized architectural brand design of buildings that do not meet the masonry requirements of the Zoning Ordinance as relates to exterior walls to be allowed to seek a waiver of said requirements and to amend the Zoning Ordinance to provide for procedures for seeking such waivers; and WHEREAS, the City of Anna, Texas desires to amend the definition of the term "Masonry" in Section 4 of the Zoning Ordinance; 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 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances ("Anna Code"), the following amendment is made to Part III -C (Zoning Ordinance), Section 4 (Definitions), as follows: Section 4. Definitions Masonry means brick, tile, stone, glass Bleekblock, or split face concrete Wookblock, but excludinges cement fiber or other similar veneer material. (Ord. No. 2002-18, adopted 811312002; Ord. No. 580-2012, adopted 412412012) Ord. 580-2012 Waiver Masonry Page 1 of 3 04-24-12 2.02 In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendment is made to Part III -C (Zoning Ordinance), Section 35 (Supplementary District Regulations), adding a new Section 35.04, as follows: 35.04 Waiver of Strict Compliance With Masonry Requirements. An existing or proposed Use that includes or is proposed to include one or more Buildings with exterior walls that are normally constructed with materials that are consistent with regionally or nationally recognized commercial brand architectural design may apply in writing to the City Council for a full or partial waiver of any Masonry requirement that applies to such exterior walls. The City Council by ordinance May grant such a full or partial waiver if: (a) the City Council finds that the design will not negatively impact the surrounding properties; and (b) the request is deemed by the City Council to be appropriate and desirable for the overall design and direction of the City and not directly in conflict with the City's Comprehensive ZoningPlan. (Ord. No. 2002-I8, adopted 811312002; Ord. No. 580-2012, adopted 412412012) 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 $2,000 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 sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. 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. Ord. 580-2012 Waiver Masonry Page 2 of 3 04-24-12 PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012. ATTESTED: City ecretary, Natha Wilkison Driskell