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ORD 887 02/10/2009 ORDINANCE NO.-8 8 7 AN ORDINANCE AMENDING THE CITY OF CIBOLO CODE OF ORDINANCES CHAPTER 58, SIGNS; DEFINING BURMA SHAVE SIGNS WITHIN SEC 58-4; CREATING A NEW SECTION 58-13 BURMA SHAVE SIGNS; PROVIDING A PURPOSE AND APPLICABILITY; PROVIDING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF; PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING AN EFFECTWE DATE. WHEREAS, the City Council of the City of Cibolo seeks to allow signage for a subdivisions site specific details within a subdivision; WHEREAS, the City Council wishes to allow signage to inform the public of community benefits including locations of sales centers, public/private parks, and other benefits of the community; WHEREAS, the City Council seeks to maintain the value of the City of Cibolo's scenic and natural resources, specifically on or near any major roadway; WHEREAS,the City Council is authorized to regulate signs by virtue of the Texas Constitution, the City of Cibolo's police power, and Texas Local Government Code Chapter 216; and WHEREAS, the City Council has considered the merits of this Ordinance and has determined that this Ordinance is necessary to protect the health, safety and welfare of the community. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1 INCORPORATION That the City of Cibolo Code is hereby amended within Section 58-4 and by adding a Section to be number 58-13,which Sections read as follows: SECTION 2 AMENDMENTS Sec. 58-4. Definitions. Burma Shave Sign means advertising using consecutive signs with catchy verses,phrases and graphics, with each sign placed at specified intervals leading to the next part of the message, generally in a 4-part series of signs. Sec. 58-13. Burma Shave Signs. (a) Purpose, Applicability and General Location of Signs. The purpose of this section is to allow "Burma Shave Signs" as defined and entailed, to occur exclusively within a residential subdivision, either on-premise or off-premise, as allowed by permit. Off- premise signs are allowed exclusively to Burma-Shave Signs to include City of Cibolo right-of-way within a subdivisions boundary, interior to the subdivision. No Burma Shave Signs are allowed within the right-of-way or on-premise private or public open spaces exterior to the subdivision and adjacent to perimeter streets. (b) Compliance. All signs under this section will comply with all guidelines and regulations that pertain to such signs established under other sections of this Section. (c) Requirements. (1) Quantity. No more than eight (8) Burma Shave signs may be permitted within the entirety of the subdivision. In any case, the signs will not exceed four (4) per entry into the primary entrance(s) of the subdivision. Burma Shave signs will be located no closer than 150 feet from each other. (2) Size. An on-site Burma Shave sign will not exceed twenty-four (24) square feet of total sign area on one side and both sides of the sign may contain signage. The sign will not exceed eight(8) feet in height installed. (3) Location and Visibility. Burma Shave signs are permitted inside public right-of-way if the signs are located outside a utility easement and do not obstruct visibility. Signs are located in a manner that does not obstruct the visibility of vehicle ingress/egress from surrounding streets and/or properties. Sign locations are reviewed by the City Manager or their designee. (4) Lighting and Materials. Burma Shave signs may not be interior lit. All signs will be made from MDO or similar material approved by the City Manager or their designee. Burma Shave signs may be up lit by one directed light source attached to the ground and focused solely on the sign. Such light source will be solar. (5) Permit. An application for Burma Shave Sign Permit requires a sign location map, to scale, dimensioned, and keyed, indicating the location of each Burma Shave sign. Additionally, the application will include the size, materials, quantity, graphics and color use for all signs, front side and back if two-sided and other information as requested. Each Burma Shave sign will be a separate permit. (6) Time Limit. Burma Shave signs are temporary signs with a one-year permit limit. Upon conclusion of the permit, an extension may be requested. No more than two (2) six (6) month extensions for the original permit may be granted. Any change in sign message requires a new permit. SECTION 3 SEVERABLILTY That it is herby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality will not affect any of the remaining phrases, clauses, sentences,paragraphs or section of the Ordinance, since the some would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phase, clause, sentence, paragraph or section. SECTION 4 SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinance affecting the adoption and amendment of this ordinance, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same will not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5 EFFECTIVE DATE That this Ordinance is effective upon the approval of the City Council of the City of Cibolo, Texas. AND IT IS SO ORDAINED; PASSED AND APPROVED on the 10th day of February 2009 by a vote of 6- yeas and / nays. nt 4 AtaiSA/kazki IJe Tfer gan, Mayor City of Cibolo ATTEST: j . 2,;<7 �y9'7 Peggy Cimics, City Secretary City of Cibolo