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HomeMy WebLinkAboutOrdinance No. 2013-2013 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2013 - 2013 ZONING ORDINANCES - INDOOR GUN RANGES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, "ZONING," BY ADDING SECTION 10-1380, ENTITLED "INDOOR GUN RANGES;" BY ADDING TO SECTION 10- 300, ENTITLED "DEFINITIONS" BY ADDING A DEFINITION FOR "GUN RANGES, INDOOR;" BY ADDING TO SECTION 13-102, ENTITLED "VEHICLE PARKING REGULATIONS" THE USE "GUN RANGES, INDOOR;" AND BY ADDING TO SECTION 10-200, ENTITLED "SCHEDULE OF USES" THE TYPE OF USE "GUN RANGES, INDOOR;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time a new land use is added to the Schedule of Uses; and WHEREAS, the City Council of the City of The Colony, Texas, desires to establish regulations applicable to Indoor Gun Ranges; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to amend the Code of Ordinances, Appendix A, Zoning concerning the regulation of Indoor Gun Ranges within the City in accordance with State law. 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 fully set forth herein. SECTION 2. That the Code of Ordinances, Appendix A, Zoning of the City of The Colony is amended by revising Section 10-200, entitled, "Schedule of Uses," by adding the land use ``Gun Ranges, Indoor:- All "Type of Use Residential PD A 01 02 NS SC GR LC HC 1 BP Districts Gun ranges, N * S S S S S S S S indoor = allowed in PD, if specifically mentioned in the PD document; S = allowed by Specific Use Permit; N = Not allowed; blank = allowed by right") Page 1 SECTION 3. That the Code of Ordinances, Appendix A, Zoning of the City of The Colony is amended by revising Section 10-300, entitled, "Definitions," by adding a definition for "Gun Range, Indoors" to read as follows: "Gun Ranges, Indoor. Shall mean any indoor facility where firearms are discharged at targets and which is designed so that projectiles fired from firearms at targets are prevented, by means of backstops, berms or other barriers, from penetrating the walls of the facility." SECTION 4. That the Code of Ordinances, Appendix A, Zoning of the City of The Colony is amended by adding a new Section 10-1380, entitled, "Indoor Gun Ranges," and by adding regulations for "Gun Range, Indoors" to read as follows: Section 10-1380. Indoor Gun Ranges (a) Indoor gun ranges shall be constructed and sound-proofed to prohibit any noise beyond the walls of the building of 75 decibels (dB) or higher. (b) Construction of indoor gun ranges shall incorporate walls, ceilings, and partitions capable of containing all projectiles fired within the range by collecting or redirecting bullets into the backstop. (c) Construction of indoor gun ranges shall incorporate safety baffles to protect lighting fixtures, ventilation and heating ducts, wall protrusions and electrical equipment from stray bullets and to prevent escape of projectiles through the roof of the building. (d) Construction of indoor gun ranges shall incorporate ventilation systems designed to provide an internal atmosphere adequate to protect the health of workers from prolonged exposure to airborne lead particulates. (e) Indoor gun ranges shall have a "GLUT Safety Plan" on file on the premises at all times. (f) Customer activity in the gun range shall be monitored by range safety officers to ensure the proper handling of firearms and ammunition. (g) Indoor gun range operators shall consult the National Rifle Association's Range Source Book, as amended, for guidelines on the safe design, construction and operation of indoor gun ranges. SECTION 5. That the Code of Ordinances, Appendix A, Zoning of the City of The Colony is amended by revising Section 13-102, entitled, "Vehicle Parking Regulations," by adding regulations for "Gun Range, Indoors" to read as follows: "Gun Ranges, Indoor - One and one-half (1'/2) parking spaces for each firing lane and ten (10) parking spaces for each instructional classroom, if provided." SECTION 6. 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 Page 2 portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. 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 8. Any person, firm, or corporation knowingly 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 9. 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 16th DAY of July, 2013. iloe McCourry, Mayor ATTE . t Christie Wilson, City Secretary APPROVED AS TO FORM:'' t- ~ 6ff Moore, ty Attorney Page 3