HomeMy WebLinkAboutOrdinance No. 2012-1978
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10-100, OF
THE CODE OF ORDINANCES OF THE CITY OF THE COLONY,
TEXAS, ENTITLED "SCHEDULE OF USES BY DISTRICT," BY
AMENDING THE "EATING PLACE W/BEER, WINE/LIQUOR" USE, BY
PROHIBITING SAID USE WITHIN MF-1, MF-2, MF-3, AND MF-4
DISTRICTS; REMOVING THE SPECIFIC USE PERMIT
REQUIREMENT IN 0-1, 0-2, SC, GR, LC, HC, I, AND BP DISTRICTS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before
the 15t" day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of The
Colony, Texas, provides the following, "A public hearing shall be held by the governing body
before adopting any proposed amendment, supplement or change. Notice of such hearing shall be
given by publication in a newspaper of general circulation in the City of The Colony stating the time
and place of such hearing which time shall not be earlier than fifteen (15) days from the date of
publication," and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded a fill and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds that said changes should be granted, and that the Code of Ordinances should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if filly set forth herein.
SECTION 2. That Appendix A, Section 10-100, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Schedule of Uses by District," is hereby
amended by amending the "53 Eating place w/beer, wine/liquor" use, which shall read as
follows:
Land
Use T'Peof Use Sr D TH Ml M2 M3 M4 MIA PD A P Ol FO2 NS SC GR LC HC I BP
/D P
Lating
place N N N N N N N
53 w/beer.
wine/liquor
SECTION 3. 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 4. 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 5. 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 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 18th day of September, 2012.
G
Jo McCourry, Mayor
E
A4- 11A
t
Christie Wilson, City Secretary
APPRgvD As To rORM:
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Sy.
Jeff Moore,'City Attorney ti
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