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)
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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.
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PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012.
ATTESTED:
City ecretary, Natha Wilkison
Driskell