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O-3208-2-14ORDINANCE NO. 3208-2-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS BY AMENDING ARTICLE VII, SECTION 7.09.40 AND SECTION 7.09.7.1; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land Development Code Zoning Regulations of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT - SECTION 1. The Allen Land Development Code, Section 7.09.4 "Prohibited signs" shall be amended to read as follows: ' "Sec. 7.09.4. Pmbibited signs. The following signs are prohibited: Any sign erected or affixed within or projecting over any public right-of-way except official signs, special events signs authorized by the city council or subdivision entrance signs. No person shall locate, place or attach any sign, paper or other material, to a tree, tower, public utility pole or structure, public building, street light, public fence, public right-of-way, fire hydrant, bridge, park bench, or public structure, or public property, or paint, stencil or write on, or otherwise mark on any sidewalk, curb, gutter, street, tree, tower, public utility pole or structure, public building, street light, public fence, public right-of-way, fire hydrant, bridge, park bench, or public structure, or public property, except such signs as allowed by this Article or Chapter 10, Article V, of the Code of Ordinances, as amended. Any sign placed on public property, or public right-of-way may be removed without prior notice." SECTION 2. The Allen Land Development Code, Section 7.09.7.1 "Political signs" shall be amended to mad as follows: 1 "Sec. 7.09.7.1. Political signs. ' The following signs are exempt from Section 7.09: 1. A sign that contains primarily a political message and that is located on private real property with the consent of the owner provided the sign: has an effective area 36 feet or less; eight feet or less in height; is not illuminated; or does not have moving elements. 2. A sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political." SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance, the previsions of this Ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations as ' previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 11Ta DAY OF FEBRUARY, 2014. APPROVED: Step en T rll, OR APPROVED AS TO FORM: ATTEST: Peter G. Smith, ATTORNEY She ey B. Geo &>, CITY C ' IPGS.114-13.TM63111) Ordinance No. 3208-2-14, Page 2