HomeMy WebLinkAboutOrd 683-2015 Rezoning Downtown North Powell Pkwy.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 683-2015
"Planned Development" ("PD")
--- North Powell Parkway
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a
certain zoning for said property; and
WHEREAS, this property is within and considered as part of the Downtown Redevelopment
District; and
WHEREAS, Design expectations are established to create and achieve a vibrant, livable,
walkable, economically viable and sustainable community. Through these design expectations
the city's physical form is shaped, giving it personality and enhancing its character. The design
expectations have been built upon best practices and industry standards for contextual design.
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of
the City of Anna have given the requisite notices by publication and otherwise and have held the
public hearings as required by law and afforded a full and fair hearing to all property owners
generally and to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the
City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by
changing the zoning on the land described in Exhibit A from "SF -1" and "PD" to "PD —
Downtown Redevelopment District". The Planned Development shall include the following
elements:
1 Permitted Uses
(a) SALES AND SERVICES.
(1) Antique Store
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 1 03-24-15
(2) Art Supply Shop
(3) Bakery Shop
(4) Barber Shop
(5) Bicycle sales and repairs
(6) Beauty shop
(7) Book store
(8) Computer and computer supply sales
(9) Copy services
(14) Day spa and salon
(15) Delicatessen
(16) Department store
(17) Drug store
(18) Dry-cleaning/Laundry establishments
(19) Fitness/work out gym
(20) Firearms & Accessories, retail sales
(21) Florist
(22) Food markets, grocery / convenience store
(23) Gift shop
(24) Health food store
(25) Hobby shop
(26) Ice cream & candy store
(27) Internet or Cyber Cafe
(28) Jewelry Shop / Sales
(29) Magazine and news stores
(30) Music and video stores
(31) Night Club
(32) Office supply stores
(33) Pet & Supply stores
(34) Photographic stores / studio / supply
(35) Radio and Broadcasting Studios
(36) Restaurant
(37) Shoe sales / repair shop
(38) Sporting goods stores
(39) Stationery stores
(40) Tailors
(41) Travel agencies
(42) Tobacco / Smoke shop
(43) Toy stores
(44) Variety stores
(45) Watch and clock sales and services
(b) SERVICES PERSONAL AND PUBLIC
(1) Bank
(2) Banquet Hall
(3) Business school
(4) Credit union
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 2 03-24-15
(5) Library
(6) Lodge, club, and fraternal organizations
(7) Massage Therapy Services
(8) Martial arts instruction
(9) Municipal Buildings or Facilities
(10) Offices:
a. Administrative
b. Business
c. General
d. Medical
(11) Incidental storage and office uses, provided such uses are incidental to the retail
sale of products on the premises.
(10) Radio and TV broadcasting studios and offices
(11) Reading room
(12) Financial services and title companies
(13) Meeting halls.
(c) CULTURAL USES
(1) Art supply stores and galleries
(2) Artist, music and dance studios
(3) Performing arts theater
(d) Any use not specifically listed above shall be allowed subject to determination by the
City Manager or his designee.
2 Specific Permitted Uses
(a) RESIDENTIAL
(1) Mixed Use projects including Multi -Family Apartments and Condominium.
Residential units above first floor retail/office/restaurant.
(2) Additional uses requiring a Specific Use Permit shall be allowed subject to
determination by the Director of Planning and Development.
3 Property Development Standards
The following property development standards shall apply to all land and structures in this "PD"
Planned Development District.
(a) LOT AREA. No minimum area.
(b) LOT DIMENSIONS. No minimum dimensions.
(c) POPULATION DENSITY. None.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 3 03-24-15
(d) BUILDING HEIGHT. Newly constructed buildings will be a minimum of 2 stories, or 20
feet in height, whichever is the greater height.
(e) YARDS. To insure pedestrian scale development, the minimum front set back in the PD
shall be 10 feet, and the maximum front set back shall be 15 feet from the primary street
frontage. Where building design elements and articulation require greater than a 20 foot
setback, the area between elevations/walls and the ROW shall be landscaped and/or
include elements of architectural design suitable for pedestrian scale -development and
not be used for vehicular parking. The ROW from which the yards are established will
be the Ultimate ROW of Powell Parkway as established by TXDOT..
(f) SPACE BETWEEN BUILDINGS. No requirements.
(g) LOT COVERAGE. Up to 100% of the lot area may be developed.
(h) FENCES, HEDGES, AND WALLS. Fencing to be ornamental iron or tubular steel,
alternate materials may be approved by the City Manager or his designee. No chain
linked fencing will be allowed.
(i) Utilization of Outdoor Area in Conjunction with a Restaurant
(1) General Requirements
a. An outdoor dining area shall be associated with a restaurant, as defined by
the Anna Code and shall be located adjacent to the main structure in which
the restaurant is established. The hours of operation for the proposed
outdoor dining facility shall be consistent with those of the associated
main establishment.
b. When a barrier delineates an outdoor dining area, the confined area will be
subject to the International Building Code occupancy load standards,
C. An outdoor dining area may be located within the public right-of-way. An
encroachment permit with the City Manager or his designee will be
required if the proposed outdoor dining area intrudes into the public right-
of-way.
d. The proposed outdoor dining facility must comply with all applicable City
of Anna, American with Disabilities Act (ADA), and adopted
International Building Code requirements.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 4 03-24-15
(2) Design Guidelines
a. Barriers:
1. A barrier delineating the outdoor dining area will be required in the
following scenarios:
a. If alcohol is served at the main establishment (pursuant to
State of Texas, Alcohol Beverage Control requirements).
2. There shall be a forty-eight inch (48") clear path maintained at all
times to accommodate ADA standards. This clear path will be
measured from the face of curb toward the building face and will
not include vehicular overhang for perpendicular and angular
parking when present.
3. The defining perimeter barrier shall be a minimum of three (3) feet
and maximum of four (4) feet in height.
4. Barrier color, material and architectural theme shall be
complementary to the associated main structure.
5. Landscape architecture (i.e. potted plants, planter boxes, hedges,
etc.) may be considered on a case-by-case basis as an acceptable
barrier.
6. Barriers shall be arranged to allow adequate ingress and egress in
accordance with the American Disability Act (ADA), Anna Code
and building code requirements.
7. Barriers shall not impose any damage to the public sidewalk. Any
damage which occurs during construction shall be repaired in
accordance with City of Anna Public Works Standards, at the
owners/applicant's expense.
8. When the outdoor dining area is being utilized for sales, service
and consumption of alcoholic beverages, the designated area shall
be under continuous supervision at all times by the restaurant staff.
9.
10. Latticework materials and construction shall be architecturally
compatible with the associated establishment as determined by the
physical attributes of the built environment.
11. Awnings shall be architecturally compatible with the main
building, as determined by the physical attributes of the built
environment.
b. Patio Furniture
1. Tables and chairs shall be removable unless otherwise approved by
the City Manager or his designee.
2. Space heaters and/or heat lanterns may be provided so long as the
use and operation of any such heater is in compliance with all
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 5 03-24-15
applicable building and fire codes and does not present a threat to
the health, safety, and welfare of the public.
3. Umbrellas shall be removable and spaced appropriately to provide
for adequate pedestrian access.
4. Signs, if proposed, shall comply with the City's Sign Ordinance.
5. Dumpsters and Poly Cart Trash Receptacles or storage areas shall
not be located within the outdoor dining area or adjacent to the
public right-of-way.
C. Decorative Framing and Overhead Latticework
1. The outdoor dining area shall be open on three (3) sides and maintain
ninety (90%) percent transparency to the outdoor elements unless
bounded by permanent structures (Figure 1).
FIGURE 1
USABLE AREA
WITH SIDE BOUNDARY
LINE
W
LU
o �
� � ! 10' SETBACK
STREET USABLE AREA
WITH SIDE BOUNDARY
2. Latticework materials and construction shall be architecturally
compatible with the main establishment associated, as determined
by the physical attributes of the built environment.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 6 03-24-15
4 Design Characteristics & Urban Form
The following additional property development standards shall apply to all structures and
projects in the "PD" Planned Development District.
(a) Design Expectations
(1) No structure shall be built or altered, including exterior changes in color,
materials, and signage except upon approval of the City Manager or his designee.
(2) All businesses, services, and other primary activities shall be conducted within a
completely enclosed structure, except for parking and loading spaces. Rooftop
restaurants with outdoor dining or ground level outdoor dining are the exception.
(3) For new construction the building frontage must occupy 80% of the length of the
primary lot line within the phase of construction, with a maximum front set back
of 15', except if it is served by features such as outdoor eating area, plazas,
arcades, etc.
(4) The area between 2' to 8' of the primary building frontage shall consist of a
minimum of 50% transparent elements.
(5) A primary building entrance shall be maintained on the ground floor of the
primary building frontage or facade.
(6) An unobstructed view at street intersections is necessary for the safety of
pedestrian and approaching vehicles traveling on City streets. The unobstructed
view corridor may be modified based upon the existing condition of a specific
location condition as determined by the City Manager or his designee.
(7) Other design features:
a. Marquees over entrances or covered entrance canopies not more than ten
feet in width may extend from entrances to the abutting sidewalk.
b. Pedestrian oriented signage. (See 6 Sign Standards)
C. Outdoor pedestrian level lighting on building frontages.
d. Sidewalk — Maintain minimum width along the pedestrian right-of-way,
including meeting minimum ADA standards.
(8) Maximum Residential Units per Acre; Multi-Family/Condominium.
a. Density may be up to 32 units per acre if.
(1) Non-residential uses comprise a minimum of 10% of the gross
floor area of the development or
(2) Non-residential uses are contained on 100% of the first floor of the
primary street frontage of the same structure with residential uses.
b. If residential portions are constructed prior to the non-residential
components of the development, a maximum of 24 units per acre shall be
constructed prior to construction of the non-residential component.
C. In no event shall the multi -family or condominium uses occupy the
primary street frontage (Powell Parkway).
(9) Schedule of Minimum Square Footage for Residential Uses
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 7 03-24-15
Table 1
(10) Building Materials. Standards shall apply to both Residential and Non-residential
buildings.
a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System
(EIFS - but not less than 15 feet above grade), stucco, and architectural
(not construction grade).
b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if
provided, shall have a minimum pitch of 9/12. Gable roofs, if provided,
shall have a minimum pitch of 6/12. Asphalt shingles, industry approved
synthetic shingles, standing seam metal or tile roofs are allowed
(11) Trash & Mechanical Equipment. The provisions of Part III C Section 40 of the
Anna Code, Screening of Mechanical Equipment shall apply.
(12) Awnings and Overhanging Eaves. May be permitted to project into the public
right-of-way along the street frontage, provided the following conditions are met:
a. Awnings or overhanging eaves shall not project closer than 4 feet from the
face of the curb.
b. Awnings or overhanging eaves shall provide a minimum of 9 feet
clearance above grade and comply with building code requirements
(Figure 2).
C. No poles or supporting columns are allowed within the street right-of-way.
d. The following materials are approved for the construction of awnings and
overhanging eaves: industry accepted metal, canvas and woven vinyl.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 8 03-24-15
U
Minimum
900 sq. ft.
750 average
Living
per unit
minimum sq. ft.
Area
(10) Building Materials. Standards shall apply to both Residential and Non-residential
buildings.
a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System
(EIFS - but not less than 15 feet above grade), stucco, and architectural
(not construction grade).
b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if
provided, shall have a minimum pitch of 9/12. Gable roofs, if provided,
shall have a minimum pitch of 6/12. Asphalt shingles, industry approved
synthetic shingles, standing seam metal or tile roofs are allowed
(11) Trash & Mechanical Equipment. The provisions of Part III C Section 40 of the
Anna Code, Screening of Mechanical Equipment shall apply.
(12) Awnings and Overhanging Eaves. May be permitted to project into the public
right-of-way along the street frontage, provided the following conditions are met:
a. Awnings or overhanging eaves shall not project closer than 4 feet from the
face of the curb.
b. Awnings or overhanging eaves shall provide a minimum of 9 feet
clearance above grade and comply with building code requirements
(Figure 2).
C. No poles or supporting columns are allowed within the street right-of-way.
d. The following materials are approved for the construction of awnings and
overhanging eaves: industry accepted metal, canvas and woven vinyl.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 8 03-24-15
FIGURE 2
STREET GRADE
STREET R.O.W. (WILL VARY)
(13) Landscape and Screening Standards.
The landscaping and screening standards as described in Part III -E, Landscape
Regulations, shall apply with the following exceptions:
a. Minimum Width of Landscape Setback. Minimum Width of Landscape
Setback, shall not apply.
b. Street Trees. Street trees shall be required along all public street
frontages.
(1) A minimum 12 feet streetscape from the back of curb shall be
required. If the required right-of-way dedication is less than 12 feet
from the back of curb to the property line, the additional area shall
be provided on private property through a landscape easement.
(2) Streetscape shall include a minimum 4 feet wide strip for street
trees or planters and a minimum 8 feet wide sidewalk(Figure 3). If
trees are planted adjacent to the street at the back of the curb, a
vertical root barrier is required to keep pavement from cracking.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 9 03-24-15
STREET TREE
0,
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FIGURE 3
�10'SETBACK
OW LINE
SIDE STREET
ULTIMATE ROW OF POWELL PKWY.
ESTABLISHED BY TXDOT
0' TO 20'
(3) Street trees shall be a minimum 7 feet in height and 3 -inch
Caliper (as measured 12 -inches above grade) at time of planting.
(4) Street trees shall be limited to the following species:
Live Oak Quercus fiisiformis
Cedar Elm Ulmus crassifolia
Chinese Pistachio Pistacia chinensis
Chinquapin Oak Quecus muhlenbergii
Winged Elm Ulmus alata
Lacebark Ulmus parvifolia
Shumard Oak Quercus shumardii
(5) (6) Street trees shall generally be spaced at 30 feet on center,
but in no case greater than 40 feet apart.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 10 03-24-15
5 Access and Parking Requirements
(a) OFF-STREET PARKING
(1) a. Anna Code Part III C Section 38, Parking Space Regulations shall not
apply. Instead, the following Schedule of Off-street Parking Standards shall
apply.
Schedule of Off -Street Parking
Number of
A. RESIDENTIAL parking
Required for Each
Spaces
Apartment 1
Dwelling Unit
B. NON-RESIDENTIAL
The non-residential parking standard shall be
one-third of the standard required by Anna
Code Part III C Section 38.
b. When parking is provided, required parking spaces for the disabled shall
be provided for in accordance with TDLR regulations.
C. Parking can be built as a private improvement in public right-of-way.
(2) Vehicular access shall be provided from any frontage other than the primary
frontage, where available.
(3) Driveways located on the same project site shall be a minimum of 100 linear feet
apart from each other.
6 Sign Standards
(a) Signs, General.
(1) General business signs shall be allowed as provided for in Anna Code Part III -D,
Sign Standards.
(2) All use of florescent lighting is prohibited.
(3) No flashing or running light signs shall be allowed.
(4) No pole signs shall be allowed.
(5) No banners, except for grand openings and as permitted Anna Code Part III -D
Sign Standards shall be allowed.
(6) No painted wooden signs.
(7) No solid acrylic or vinyl face can or box sign shall be permitted.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 11 03-24-15
(8) Any internally lit sign not in working order shall be repaired, turned off, or
removed within 72 hours of the malfunction; and, at no time shall a sign's internal
lighting or internal structure be exposed unless it is actively under repair.
(9) Neon lighting is allowed only under the following conditions:
(a) Location: The use of neon lighting is only allowed when used to enhance
the architectural character of that historical building.
(b) No neon is allowed to outline buildings or windows of a building.
(b) Wall Signs (Figure 4).
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(1) Maximum square footage: 40 square feet when the bottom of the sign is located at
least 12 feet or higher above grade, and 20 square feet if less than 12 feet above
grade. The maximum size may increase by 50% for each story above 3 stories to a
maximum of 200 square feet.
(2) Maximum height: Not to exceed height of structure
(3) Maximum width: None
(4) Distance above grade: (See maximum square footage note)
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 12 03-24-15
(5) Lighting: Internal or external (See additional requirements note)
(6) Spacing: Minimum 10 feet distance between wall signs (excluding building
identification sign or directory sign)
(7) Time limit: None
(8) Permitted on-site: One per occupancy, per street frontage
(9) Permitted in right-of-way: No
(10) Additional requirements: One wall mounted sign, not exceeding 10 square feet in
area, is permitted on any side or rear entrance which is open to the public. Such
wall signs may only be lighted during the operating hours of business.
(c) Blade and hanging signs, including graphic or icon signs, mounted perpendicularly to
the wall (Figure 5).
(1) Maximum square footage: 6 square feet
(2) Maximum height: None
(3) Maximum width: 3 feet
(4) Distance above grade to bottom of sign: 8 feet or higher
(5) Lighting: None permitted
(6) Spacing: Minimum 15 feet distance between signs
(7) Time limit: None
(8) Permitted on-site: One per occupancy
(9) Permitted in right-of-way: No
(10) Additional requirements:
(a) The height of the top edge of the signboard shall not exceed the height of
the wall from which the sign projects, if attached to a single story
building, or the height of the sill or bottom of any second story window, if
attached to a multi -story building.
(b) The sign shall be attached in such a manner as to prevent swinging.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 13 03-24-15
Figure 5
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Ord. 683-2015 Rezoning Downtown North Powell Pkwy 14 03-24-15
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Ord. 683-2015 Rezoning Downtown North Powell Pkwy 14 03-24-15
(d) Projecting Signs (Auto -Oriented) (Figure 6).
Figure 6
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Maxiruuw� area � 36 s�,•�•
(1) Maximum square footage: 36 square feet
(2) Maximum height: None
(3) Maximum width: 3 feet
(4) Distance above grade to bottom of sign: 8 feet or higher
(5) Lighting: Internal
(6) Spacing: N/A
(7) Time limit: None
(8) Permitted on-site: One per building
(9) Permitted in right-of-way: May project over the public right -of way no more than
4 feet, and may be subject to an easement use agreement at the discretion of the
Department of Public Works.
(10) Additional requirements: The depth of the sign can/cabinet shall not exceed 6
inches.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 15 03-24-15
(e) Building Identification Signs (Figure 7).
Figure 7
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(1) Maximum square footage: 25 square feet
(2) Maximum height: None
(3) Maximum width: None
(4) Distance above grade: 12 feet or higher
(5) Lighting: Internal
(6) Spacing: None
(7) Time limit: None
(8) Permitted on-site: One per building face
(9) Permitted in right-of-way: N/A
(10) Additional requirements:
a. Maximum height of 24 inches for letters or logos.
b. Applied letters shall be constructed of painted cast metal, bronze, brass, or
black anodized aluminum. Applied plastic letters are not permitted.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 16 03-24-15
(f) Awning Signs (for ground floor uses only)(Figure 8).
Figure 8
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(1) Maximum square footage: 20 square feet
(2) Maximum height: None
(3) Maximum width: None
(4) Distance above grade: 9 feet or higher
(5) Lighting: Not permitted
(6) Spacing: None
(7) Time limit: None
(8) Permitted on-site: One per occupancy; per building face
(9) Permitted in right-of-way: N/A
(10) Additional requirements:
(a) If acting as the main business sign, it shall not be in addition
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 17 03-24-15
(g)
to a wall -mounted sign.
(b) If acting as an auxiliary business sign, it shall be located on the valance
only, and the height of the lettering shall not exceed 8 inches.
(c) The following construction materials are approved: industry accepted
metal, canvas and woven vinyl.
Building Directory Signs (Figure 9).
Figure 9
(1) Maximum square footage: 8 square feet
(2) Maximum height: None
(3) Maximum width: None
(4) Distance above grade: None
(5) Lighting: Internal
(6) Spacing: None
(7) Time limit: None
(8) Permitted on-site: One per entrance; shall be located next to the entrance
(9) Permitted in right-of-way: N/A
(10) Additional requirements:
,M area ='6 s.R-
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 18 03-24-15
a. The sign shall project out from the wall to which it is attached no more
than 6 inches.
b. The sign shall not extend above the parapet, eave or building fayade.
(h) Painted Wall Murals. May be permitted provided special conditions are met.
(1) Maximum square footage: 100% of wall area
(2) Maximum height: N/A
(3)
Maximum width: N/A
(4)
Distance above grade: N/A
(5)
Lighting: External
(6)
Spacing: None
(7)
Time limit: None
(8)
Permitted on-site: One per building
(9)
Permitted in right-of-way: N/A
(10)
Special Conditions:
a. Murals shall be painted with a weather resistant paint.
b. No portion of the mural shall be used to advertise a specific product or
service. The mural may display the name or logo of the onsite tenant or an
event within the district area.
C. The name or logo displayed shall not exceed more than 25% of the mural
area.
d. Should the mural become faded, peeled and severely weathered in the
opinion of the Building Official, the owner or the person or firm
maintaining the same shall, upon written notice from the Building Official,
repair or remove the mural or repaint the wall on which mural is painted
within 60 days.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 19 03-24-15
(i) Vertical Banners.
(1)
Maximum square footage: 35 square feet per pole
(2)
Maximum height: 35 feet to top of banner
(3)
Maximum width: None
(4)
Distance above grade: 8 feet above curb or sidewalk
(5)
Lighting: External
(6)
Spacing: None
(7)
Time limit: None
(8)
Permitted on-site: No more than two vertical banners per pole
(9) Permitted in right-of-way: Yes; provided special conditions are met
(10) Special Conditions:
a. Torn or severely weathered vertical banners shall not be permitted.
b. Vertical banners shall be secured at all points of attachment to the pole.
C. No portion of a vertical banner shall be used to advertise a specific
product or service. Any vertical banner located in the right-of-way may
contain the name or logo of an event within the district area or a special
community sponsored event, which is sponsored by community-based
nonprofit entities.
d. Vertical banners may be attached to light standards or other poles in the
right-of-way with a permit from appropriate City departments with
brackets approved by the Department of Public Works.
e. Vertical banners, as described in this section, shall only be permitted in the
right-of-way of the district area, except they may be located on both sides
of a right-of-way, which acts as a boundary of that district.
j. Window Signs. The sign shall occupy no more than 10% of the window area of a
structure, and no sign will be permitted above the second story (Figure 10).
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 20 03-24-15
(k) Marquees (Figure 11).
Figure 10
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Marquees with removable and/or changing letters are permitted for Performance and
Movie Theaters only. No running or flashing lights shall be allowed.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 21 03-24-15
(1) Menus.
In addition to other signage, restaurants and cafes shall be permitted one wall -mounted
display per business featuring the actual menu as used at the dining table, to be contained
within a shallow wood or metalcase, and clearly visible through a glass front. The display
case shall be attached to the building wall, next to the main entrance, at a height of
approximately 5 feet, shall not exceed a total area of 3 square feet, and may be lighted.
(m) Fascia Signs (Figure 12).
Figure 12
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(1) Shall be located only on top of and affixed to a permanently fixed structure
which is perpendicular to the building face. The fascia sign may extend over
the public sidewalk, if and only to the extent the structure supporting it
extends over the public sidewalk.
(2) Shall not extend above the second floor ceiling or the top of the roof whichever
is less.
(3) Shall consist only of letters and/or geometric designs and not constructed as
part of a sign can or cabinet. Each letter may be internally illuminated with lights
other than florescent or neon.
(4) The surface area of the letters and/or geometric designs comprising the sign
shall not exceed in the aggregate 40 square feet.
Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the
provisions of this ordinance shall pertain to the property described herein.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 23 03-24-15
Section 5. 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 day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 24t" day of March 2015.
ATTESTED:
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Nath Wilkison, City Secretary
'Mike Crist, ayor
Ord. 683-2015 Rezoning Downtown North Powell Pkwy 24 03-24-15
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