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2000S02-SPECIAL DISTRICTSORDINANCE NO AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE UNIFIED DEVELOPMENT CODE, ORDINANCE NO. 96-S-28, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE VII, SPECIAL DISTRICTS, SECTION 2, ROY RICHARD DRIVE/FM3009 OVERLAY DISTRICT AND SECTION 3, SCHERTZ PARKWAY DISTRICT; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ SECTION 1 THAT ARTICLE VII, SPECIAL DISTRICTS, SECTION 2, ROY RICH. 3009, Section 2.7, be amended as follows: ARTICLE Vll, SECTION 2. 7-H, VII 2.7 "H. Temporary Development/Bandit signs on FM (a) No person may place a sign in the right-of highway in the City unless authorized um conditions. (b) Twelve bandit signs are permitted to be plac, way of FM 3009 with the approval of the Pi Commission and provided that the follow time, place, and manner are observed and apl: been paid. (1) Schedule: Bandit signs are permitted from until the following Monday 10:00 a.m.. If a feC holiday falls on a Friday, then signs are pe preceding Thursday until the following Mon& TEXAS. aaRD DRIVE/FM 3009 way of a road or ter the following ~d in the right-of- .am-ting & Zoning ing regulation of ,ropriate fees have Friday 3'00 p.m. [erally recognized rmitted from the ry. If a federally recognized holiday falls on a Monday, then sig~ from Friday until the following Tuesday. (2) Size: Signs shall not exceed twenty-four (24") two (32") inches in size. Irregular shaped signs sh~ 32" rectangle. The total height of the sign may feet above the ground measured from the base o may be two-dimensional only and shall have surface. (3) Spacing between-signs' ae A minimum of 5' must be maintained bet~ sign of differem builders. bo The signs of each builder must be space{ signs_advertise the same subdivision. (4) Sign Location: a, Signs must be self supporting and placed i~ a single stake. No temporary weekem permitted on a utility pole, street light fence, tree or other manmade or natural fe~ be No sign may be placed closer than twet from a street intersection or median temporary weekend sign determined to be causes an immediate hazard to public immediately removed by the City. Ce Signs shall be placed no closer than three edge of the sign to the street curb, or, if th{ edge of pavement. Signs shall not encro: sidewalks or streets. (5) Registration, permits and fees: An annual permit fee of $50.00 must builder. In addition, a $1.00 per sign fee x~ decals to designate the specific area authc signs. Builder shall be limited to 1' approved. No sign may be used without a (6) Map, listing. ~s are permitted inches by thirty- 11 fit in a 24" by ~ot exceed three t' the sign. Signs a non-reflective Yeen each bandit. so that no two ~to the ground by t sign shall be pole, sign pole, tture. tty-five (25) feet opening. Any at a location that safety may be (3) feet fro m the ,,re is no curb, the ach on either the be paid by each ,ill be charged for ,rized to place the ~, signs per area decal affixed. In addition to payment of the appropriate shall provide a map and listing identifyin block number where each sign shall be name of person responsible for such signs. (c) Confiscation, Notice and Public Auction (1) Any sign placed in violation of the provisions hereby declared a nuisance to the public he welfare and may be confiscated. (2) If the owner of a confiscated sign is known, lq notified by certified mail, return receipt req than the 10th day after the date of the confiscati (3) A notice must: include a description of the sign and the loc~ the sign was confiscated; b~ include a statement that the owner may reclai~ the 10th day after the date the notice was maile are imposed under this section are paid; (d) Exemption from Notice Requirements City Council hereby determines that an, similar size as a temporary weekend sign reclaimed if confiscated. (e) Placement of Unauthorized Sign' Criminal offe Penalty This subsection may be enforced by the departn Inspections, Police, or other departmems design Manager against any violator of any provision ot is not a holder of a valid annual temporary sign pe (1 ) A person commits an offense if the person pl right-of-way of a road or highway maintaim violation of this Section. (2) An offense under this section is punishable as a. first offense by a fine of not less t dollars and not more than five hundre~ fees the builder g the street and placed with the of this section is .~alth, safety and .e or she shall be uested, not later .on. ~tion from which n the sign before d, if all fmcs that sign that is of is unlikely to be nse, ~ents of Building ated by the City this section who rmit. aces a sign in the ~d by the City in follows: han one hundred dollars; b, (f) Defense second offe~e or thereafter, by a fine hundred dollars and not more than five of not less two hundred dollars. ~ose against any provision of this bo second violation: revoke permit and re double fee for a new permit; said pe issued until one year has passed fi revocation. (2) If the Building Official determines an allegatio accused may appeal to Planning & Zoning Co~ ao The request for appeal must be submitte~ Secretary, by registered mail, return r within 10 days of receipt of the Bt determination. be The Planning Secretary shall place the a available regularly scheduled meeting o Zoning Commission. The Secretary shall the report, the response, and any exhibit~, of the Planning & Zoning Commission. quire payment of rmit shall not be ,otn the date of n to be true, the amission. t to the Planning eceipt requested, tilding Official's 9peal on the first 'the Planning & forward copies of to each member (1) It is a defense to prosecution under this Sectiot that; a. The sign is placed in the right-of-w~ty of a road or highway maintained by the C ky by a l;~erson other than the defendant, and b. without the knowledge of the defendant' (g) Administrative Penalties The Building Official shall apply the administrative procedures prescribed in this subsection, rather than bring {:riminal charges, where the alleged violation of any provision of 1.his section is by the holder of a valid annual temporary sign permit (1) The penalty the Building Official shall im permit holder who has been found to violate a section shall be as follows: a. first violation: a written waming shall 1)e given Ce The Building Official's determination sh motion to reverse the decision is mac receive a majorky vote of the Plm Con~anissioners present at the hearing. de After hearing the appeal, Planning & 2 action for thirty days. If the Conmfission before the expiration of 30 days after tin the decision of the Building Official shall (g) Section Not Applicable to Federal, State or Lo, This section is not applicable to any sign placed_i of the City by, or at the direction of the fede: government. (h) Permission of Abutting Property Owners Nece Nothh~g in this section authorizes the place contrary to existing property law-. The builde~ necessary permission of any and all parties h interest in the right-of-way prior to placing weekend sign." SECTION II THAT ARTICLE VII, SPECIAL DISTRICTS, SECTION 3, SCHER DISTRICT, SECTION 3, Section 3.12-J, be amended as follows: ARTICLE VII, SECTION 3.12-J VII 3.12 "J. Temporary Development/Bandit signs on Sche (a) No person may place a sign in the right-o'. highway in the City unless authorized ur conditions. (b) Twelve bandit signs are permitted to be p of-way of Schertz Parkway with the Planning & Zoning Commission and 1 following regulation of time, place, observed and appropriate fees have been [ all stand unless a lc, seconded and ming & Zoning ;oning may defer ?ails to take action : appeal is heard, stand. :al Governments n the right-of-~vay ~'al, state or local ssary ment of signage must secure all aving a property any temporary FZ PARKWAY rtz Parkway ~-way of a road or tder the following laced in the right- approval of the >rovided that the and manner are ~aid. (1) Schedule: Bandit signs are permitted from until the following Monday 10'00 a.m.. If a rede holiday falls on a Friday, then signs are pen preceding Thursday until the following Mondw, recognized holiday falls on a Monday, then sig] from Friday until the following Tuesday. (2) Size- Signs shall not exceed twenty-four (24") inc] (32") inches in size. Irregular shaped signs shall rectangle. The total height of the sign may not above the ground measured from the base of the be two-dimensional only and shall have a non-refl~ (3) Spacing between-signs: a~ A minimum of 5' must be maintaim bandit sign of different advertisers. bo The signs of each builder must be spac signs_advertise the same subdivision. (4) Sign Location' ao Signs must be self supporting and ground by a single stake. No tempor~ shall be permitted on a utility pole, sign pole, fence, tree or other man feature. bo No sign may be placed closer than twe from a street intersection or media temporary weekend sign determined t~ that causes an immediate hazard to 1: be immediately removed by the City. Ce Signs shall be placed no closer than tt the edge of the sign to the street curb, curb, the edge of pavement. Signs shal either the sidewalks or streets. (5) Registration, permits and fees: An annual permit fee of $50.00 must builder. In addition, a $1.00 per sign fe for decals to designate the specific a ~riday 3:00 p.m. ~rally recognized nitted from the ~. If a federally .~s are permitted .~es by thirty-two t in a 24" by 32" .~xceed three feet sign. Signs may ,,ctive surface. .d between each ,'d so that no two placed into the ry weekend sign street light pole, made or natural .nty-five (25) feet opening. Any be at a location ,ublic safety may tree (3) feet fro m or, if there is no 1 not encroach on be paid by each ,,e will be charged rea authorized to place the signs. Sign shall be limited area approved. No signs may be used w decal. (6) Map, listing: In addition to payment of the appr. builder shall provide a map and listin~ street and block number where eac placed with the name of person resp, signs. (c) Confiscation, Notice and Public Auction (1) Any sign placed in violation of the p section is hereby declared a nuisanc health, safety and welfare and may be c (2) If the owner of a confiscated sign is k shall be notified by certified mail requested, not later than the 10th day the confiscation. (3) A notice must: a. include a description of the sign from which the sign was confiscate b. include a statement that the owner sign before the 10th day after the dz mailed, if all fines that are im[ section are paid; (d) Exemption from Notice Requirements City Council hereby determines that an, similar size as a temporary weekend sigr~ reclaimed if confiscated. (e) Placement of Unauthorized Sign' Crimi~ Penalty This subsection may be enforced by th~ Building Inspections, Police, or otl designated by the City Manager against m to 12 signs per ithout an affixed >priate fees the identifying the sign shall be )nsible for such rovisions of this '~e to the public onfiscated. no wn, he or she return receipt after the date of and the location d; may reclaim the rte the notice was ,osed under this sign that is of is unlikely to be aal offense, .~ departmems of ~er departments ~y violator of any provision of this section who is not a h, annual temporary sign permit. (1) A person commits an offense if the per: in the right-of-way of a road or highw~ the City in violation of this Section. (2) An offense under this section is punish~ ae first offense by a fine of not less t dollars and not more than five hund b. second offense or thereafter, by a two hundred dollars and not more t dollars. (f) Defense (1) It is a defense to prosecution under this ae The sign is placed in the right- or highway maintained by the other than the defendant, and b. without the knowledge of the d~ (g) Administrative Penalties The Building Official shall apply th procedures prescribed in this subsection, criminal charges, where the alleged provision of this section is by the holder temporary sign permit. (1) The penaky the Building Official sha any permit holder who has been fo provision of this section shall be as fol ae first violation: a written wamin b. second violation: revoke pe~ payment of double fee new pe shall not be issued until one from the date of revocation. >lder of a valid ~on places a sign ty maintained by tble as follows: ban one hundred red dollars; fine of not less han five hundred Section that; of-way of a road City by a person ~fendant. ~ administrative rather than bring ,iolation of any of a valid annual 11 impose against und to violate a lows- g shall be given 'mit and require ,.mit; said permit year has passed (2) If the Building Official determines an true, the accused may appeal to Plax Co~mnission. ae The request for appeal must be Planning Secretary, by registe receipt requested, within 10 de the Building Official's determin be The Planning Secretary shall pl~ the first available regularly sc of the Planning & Zoning C Secretary shall forward copies response, and any exhibits to the Planning & Zoning Commh Ce The Building Official's det{ stand unless a motion to revers made, seconded and receive a the Planning & Zoning Comm at the hearing. d~ Atier hearing the appeal, Pla: may defer action for thirt' Commission fails to take a expiration of 30 days after the the decision of the Building Of~ (h) Section Not Applicable to Federal, Governments This section is not applicable to any right-of-way of the City by, or at th federal, state or local government. (i) Permission of Abutting Property O' Nothing in this section authorizes signage contrary to existing propert5 must secure all necessary permissio parties having a property interest in prior to placing any temporary weeke allegation to be ming & Zoning submitted to the red mail, return tys of receipt of .ation. tce the appeal on heduled meeting ommission. The ~f the report, the .~ach member of ;sion. ~rmination shall e the decision is majority vote of issioners present aning & Zoning days. If the :tion before the appeal is heard, ]cial shall stand. State or Local .gn placed_in the - direction of the ~ners Necessary :he placemem of law. The builder n of any and all the right-of-way nd sign." Section III That all ordinances or parts of ordinances in conflict with this ord repealed. Approved on first reading ,:~/o,~dayof ~tt.~*~, 19 ~7~. PASSED, APPROVED and Adopted, this the ~ day of ~ Mayor, Citytof Sch ATTEST' City Secretary, City o f Schertz, Texas inance are hereby 2000. ertz, Texas PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, COUNTY OF GUADALUPE BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DATE PERSONALLY APPEARED L.A. REYNOLDS KNOWN TO ME, WHO, BEING BY ME DULY SWORN, ON HIS OATH DEPOSES AND SAYS THAT HE IS THE PUBLISHER OF THE GAZETTE-ENTERPRISE, A NEWSPAPER PUBLISHED IN SAID COUNTY; THAT A COPY OF THE WITHIN AND FOREGOING AD WAS PUBLISHED IN SAID NEWSPAPER 2 TIMES BEFORE THE RETURN DAY NAMED THEREIN SUCH PUBLICATIONS ON THE FOLLOWING DATES: JANUARY 7, 2000 JANUARY 13, 2000 A Y OF WHICH IS HERETO ATTACHED SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF JANUARY A.D., 2000 NOTARY PUBLIC, GUADLUPE COUNTY, TEXAS AN ORDINANCE By the City Council of City of Schertz, Texas pr~- riding that the Unified velopment Code, Ordinandfe No. 96-S-28, City (~f Schertz, Texas be amende~d by revising Article VII, Sp(~- cial Districts, Section 2, Ro{y Richard Drive/FM 300~ Oveday District and DS~s~trii 3, Schertz Parkway and providing a repealin! clause. Approved on first reading th~ 21st day of Decembe~ 1999. Norma Althouse, City Secretary PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, COUNTY OF GUADALUPE BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DATE PERSONALLY APPEARED L.A. REYNOLDS KNOWN TO ME, WHO, BEING BY ME DULY SWORN, ON HIS OATH DEPOSES AND SAYS THAT HE IS THE PUBLISHER OF THE GAZETTE-ENTERPRISE, A NEWSPAPER PUBLISHED IN SAID COUNTY; THAT A COPY OF THE WITHIN AND FOREGOING AD WAS PUBLISHED IN SAID NEWSPAPER 1 TIMES BEFORE THE RETURN DAY NAMED THERE1N SUCH PUBLICATIONS ON THE FOLLOWING DATES: JANUARY 7, 2000 AND A NEWSPAPER C~OPY OF WHICH IS HERETO ATTACHED SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF JANUARY A.D., 2000 NOTARY PUBLIC, GUADLUPE COUNTY, TEXAS ORDINANCE NO. 00-S-2 By the City Council of th - City of Schert~. Texas viding that the Unified veiopment Code, Ordinan(~ No. 96-S-28, City ~f Schertz, Texas be amend~l by revising Article VII, Sp~ cial Districts, Section 2, R~by Richard Drive/FM 30.(p9 Oveday District and Secti.~. 3, Schertz Parkwa and providing a Yre clause. Passed, approved adopted'the 4th day of Jar ary, 2000. Norma Althouse, City Secretary