AN
ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BASTROP, TEXAS CREATING
A MUNICIPAL SIGN REVIEW BOARD; AMENDING CHAPTER 3, ARTICLE 3.1400,
SECTION 20 OF THE CITY’S CODE OF ORDINANCES, ENTITLED ‘SIGN
CODE,’ CONCERNING SIGN CODE VARIANCE PROCEDURES; PROVIDING A
SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
pursuant to Section 2.01 of the City’s Home Rule Charter, the
Council of the City of Bastrop has full authority to, and desires
to amend and replace portions of its existing Code of Ordinances;
and
WHEREAS,
pursuant to Section 3.01(5) of the City’s Home Rule Charter,
the Council of the City of Bastrop has full authority to, and now
deems it necessary to provide for a new City Board, to be entitled
the Municipal Sign Review Board; and
WHEREAS,
the Municipal Sign Review Board shall be charged with hearing and
deciding requests for variances from the City’s Sign Code, and
shall use the process and procedures, as are set forth herein below.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
PART 1: That Chapter
3, Article 3.1400, Section 20 of the “Sign Code” of the
Bastrop Code of Ordinances shall be, and is hereby amended to include
Section 20(A), which creates a Municipal Sign Review Board, and which
amendment shall state the following:
A: There is hereby
created and established a Board to be called the “Bastrop
Municipal Sign Review Board.” This Board is authorized
to review applications for variances from the City’s
Sign Code, conduct public hearings on said applications fro
variances, and is authorized to grant or deny such variances,
pursuant to the terms of this Section of the City of Bastrop
Sign Code.
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1: The Municipal
Sign Review Board shall be composed of the members of the
Zoning Board of Adjustment, which consists of five (5) regular
members and two (2) alternate members who shall be appointed
by the Mayor, subject to confirmation by the City Council,
in accordance with the City Charter and State law. Members
shall serve for a period of two (2) years and/or until their
successors are duly appointed and qualified. Three (3) regular
Board members and one (1) alternate member shall be appointed
to serve for the two (2) year term on odd numbered years,
and two (2) regular Board members and one (1) alternate
Board member shall be appointed to serve for the two (2)
year term on the even numbered years. A member of the Board
may also be a member of another City Board or commission.
Members may be removed by a majority vote of the members
of the City Council, for cause on a written charge after
a public hearing. Any vacancy of a regular member shall
be filled by an alternate member for the unexpired term
of them ember whose term becomes vacant.
2: While serving
in the role of the Municipal Sign Review Board and while
performing the duties of the Municipal Sign Review Board,
the members shall act separate and apart from the authority
of and/or the role of the Zoning Board of Adjustment and
shall have the authority granted it under the City Charter,
this Section of the City of Bastrop Sign Code and/or under
any applicable State law.
3: Each case
before the Municipal Sign Review Board must be heard by
at least five (5) of the six (6) members or alternate members.
Meetings of the Board are held at the call of the presiding
officer. All meetings of the Board shall be open to the
public and all records shall be subject to the Texas Public
Information Act. The Board shall keep minutes of its proceedings
that indicate the vote of each member. The minutes and records
of the Board shall be filed promptly in the City Secretary’s
Office and are public records.
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PART 2: That Chapter
3, Article 3.1400, Section 20 of the “Sign Code” of the
City Code of Ordinances shall be, and is hereby amended to state the
following:
SECTION 20: VARIANCES
B. A variance to
the provisions of this Code shall be considered an exception
to the regulations, rather than a right. The Municipal Sign
Review Board may authorize a variance from the regulations
of this Article by a majority vote when, in its opinion, undue
hardship will result from requiring strict compliance. The
following limitations and criteria shall be used by the Board
to evaluate, grant or deny any sign variance request:
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1. Undue hardship.
Special circumstances exist which affect the land and development
involved such that the strict application of the provisions
of this Article:
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a. Would deprive
the owner or applicant of the ability to advertise the
business or a product;
b. Granting of a variance shall be based on a finding
that the applicant’s difficulties or hardship is
due to unusual conditions or circumstances, such as an
irregularly shaped parcel of land;
c. Granting
of a variance will not adversely affect surrounding property
owners and use;
d. Granting
a variance shall not be detrimental to public health,
safety or welfare; and
e. Financial
hardship alone shall not be grounds for a variance.
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2. A variance
shall not be approved if the circumstance for the hardship
is caused or created by the owner of the property or the
applicant seeking the variance.
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C. The applicant
shall be responsible for providing all the data, documentation
and justification for the requested variance.
D. The Municipal
Sign Review Board shall hold a public hearing within forty-five
(45) days after the completed application for a variance is
filed and the fees paid. Ten (10) days prior to the public
hearing, a notice, of a public hearing by regular US Postal
mail, shall be provided to all property owners within two
hundred (200) feet of the affected property. Notice of the
public hearing shall also be published in the official local
newspaper ten (10) cays prior to the public hearing.
E. An application
for a variance shall be made in writing in a form prescribed
by the Municipal Sign Review Board and shall be accompanied
by a fee, a site plan, elevations of the sign(s) size, height,
content, mailing labels for property owner notification and
any other information necessary to illustrate the reason for
the variance request.
F. The Municipal
Sign Review Board may impose such conditions, limitations,
safeguards and/or a time restriction that it, as a Board,
deems necessary to the granting of any variance. Violation
of any condition, limitation, safeguard or other restriction
shall constitute a violation of this Article.
G. Any variance
granted by the Municipal Sign Review Board which is not exercised
within one (1) year from the date of granting shall lapse
and my only be reinstated after a new application is submitted
along with the fees and a public hearing held in accordance
with this Article.
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PART 3: That should
any section, clause or provision of this Ordinance be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of this Ordinance or any other ordinance of the
City as a whole or any part thereof, other than the part so declared
to be invalid.
PART 4: This Ordinance
supersedes and repeals all Ordinances or parts of Ordinances, if any,
in conflict herewith; however, such present Ordinances shall remain
in full force and effect until the effective date of this Ordinance.
PART 5: This Ordinance
shall take effect upon the date of final passage noted below, or when
all applicable publication requirements, if any, are satisfied in
accordance with the City’s Charter, Code of Ordinances, and
the laws of State of Texas.
READ AND ACKNOWLEDGED ON
FIRST READING ON THIS 22nd DAY OF MAY 2007.
PASSED AND APPROVED
ON SECOND READING ON THE 12th DAY OF JUNE 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
