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ORD 2009-26 - Amend Code Title 32, Community Development 02-17-2009ORDINANCE 2009 -26 AN ORDINANCE AMENDING TITLE 32 COMMUNITY DEVELOPMENT OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE TO INCLUDE PROVISIONS FOR DIRECTIONAL SIGNS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Huntsville is a home rule city acting under its charter adopted by the electorate pursuant to the Texas Constitution and the Local Government Code; and WHEREAS, the City of Huntsville finds it necessary to improve the pre - construction and site layout processes; and WHEREAS, the City of Huntsville wishes to minimize costly errors for property owners and contractors during the construction and permitting process; and WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on January 21, 2009 held a public hearing to consider amending the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS: I. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. II. AMENDMENT Chapter 11 Signs, Title 32, Community Development, of the Huntsville, Texas Municipal Code shall be amended as follows: Back -to -back signs must be on common supports. The nearest point between the two (2) backs shall not exceed five (5) feet plus the diameter of the intervening upright on support if the area of each sign face is three hundred (300) square feet or less. 1104.18 Directional Signs 1. On- premise directional signs are allowed provided they meet all other aspects of this code. 2. Directional signs may be located off - premise subject to the following provisions: Page 1 of 3 1. Such signs shall not exceed thirty two (32) square feet. 2. Rectangular board will be size limit consistent with safety concerns as interpreted by the City staff. Appeals to variances of staff decisions may be made to the Planning and Zoning Commission. 3. Such signs shall not exceed five feet (5') in height. 4. Such signs shall contain no more than the name, address, logo, and directional information to the business. 5. A maximum of one (1) off - premise sign is allowed per driveway to the business identified on the sign. 6. The sign is placed on private property with the permission of the property owner. 7. Construction of such directional signs shall meet all current building codes and not be of a type of sign otherwise prohibited by this code. III. REPEALER All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which 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. IV. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this Ordinance shall be enforced as written. V. EFFECTIVE DATE This Ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. VI. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Page 2 of 3 Government Code. Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code. PASSED AND APPROVED on this the 17th day of February 2009. ATTEST: jStepie A Brim, City Secretary TO FORM: onard rdljXieider, IntZ!r4rn City Attorney THE CITY OF HUNTSVILLE, TEXAS 4LTurner, Mayor Page 3 of 3