HomeMy WebLinkAboutOrdinance No. 07-1720
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07-1720
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 6, ARTICLE
II, SIGNS, BY AMENDING SECTION 6-32 BY REPEALING
SUBSECTION (e) IN ITS ENTIRETY AND REPLACING WITH A NEW
SUBSECTION (e), PROVIDING FOR THE POWERS AND DUTIES OF
THE SIGN BOARD OF APPEALS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00)
FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a Section 6-32 provides for appeals and variances to the sign regulations of
the City; and
WHEREAS, the City Council has determined that subsection (e) of Section 6-32 should be
repealed and replaced with a new subsection (e) providing for the power and duties of the Sign
Board of Appeals.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 6, Article II, Signs, Section 6-32 by repealing
subsection (e) in its entirety and replacing with a new subsection (e), which shall read as follows:
"Chapter 6
ARTICLE II. SIGNS
Sec. 6-32. Appeals and Variances.
(e) Powers and duties. The sign board of appeal shall have the following powers and
perform the following duties:
(I) The sign board of appeal may hear and decide appeals which allege error in any order,
requirement, decision, or determination made by the Building Official in connection
with the refusal to grant a permit required by this article, the revocation of a permit
granted under the provisions of this article or a decision involving any substantive or
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material interpretation of a provision of this article. The decision of the sign board of
appeal with regard to such appeal shall be final.
(2)
A variance shall not be granted to relieve a self-created or personal hardship, nor shall
it be based solely on economic gain or loss. In order to make a finding of hardship and
to grant a variance from this article, the Board must determine that:
a. The requested variance does not violate the intent of the ordinance.
b. The requested variance will not adversely affect surrounding properties.
c. The requested variance will not adversely affect public safety.
d. Special conditions exist with are unique to the applicant or property.
All action regarding variance requests shall become final.
The sign board of appeal shall only exercise those duties which are provided in this
(3)
(4)
section.
Sees. 6-33 - 6-69. Reserved."
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS THIS 4th day of June 2007.
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Istle WIlson, CIty Secretary
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