HomeMy WebLinkAboutOrdinance No. 2013-2019
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2013 - 2019
ZONING ORDINANCES - KENNELS
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 KENNELS;" BY ADDING SECTION 10-1385,
ENTITLED "OUTDOOR KENNELS;"BY ADDING TO SECTION 10-300,
ENTITLED "DEFINITIONS" BY ADDING DEFINITIONS FOR
"KENNELS, INDOOR," "KENNELS, OUTDOOR" AND "ADULT
ANIMAL;" AND BY ADDING TO SECTION 10-200, ENTITLED
"SCHEDULE OF USES" THE TYPE OF LAND USE "KENNEL,
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 Kennels; 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 Kennels
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 "Kennels, Indoor:"
"Type of Use All Residential PD A 01 02 NS SC GR LC HC 1 BP
Districts
Kennels, Indoor N * S S S S N
(no outside runs)
Kennels, Outdoor
(includes outside N S S S S S S S S S S N
runs)
= allowed in PD, if specifically mentioned in the PD document;
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S = allowed by Specific Use Permit, N - not allowed; blank = allowed by right")
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 definitions for
"Kennels, Indoors" and "Adult Animal" to read as follows:
"Kennels, Indoor/ Commercial Pet Sitting - An establishment with indoor pens in
which more than six (6) adult dogs or domesticated animals are housed during
the day or overnight, groomed, boarded, exercised, trained, or sold for
commercial purposes. Animal transportation service may be provided. No
outdoor runs or pens are allowed. This definition excludes any breeding
operation. Refer to Chapter 5 of the Code of Ordinances for additional
regulations.
Kennels, Outdoor Runs - An establishment that includes any outdoor areas for
play, exercise or ventilation in which more than six (6) adult dogs or
domesticated animals are housed during the day or overnight, groomed, bred,
boarded, exercised, trained, or sold for commercial purposes. Breeding
operations may be included as part of an outdoor kennel facility. Animal
transportation service may be provided. Refer to Chapter 5 of the Code of
Ordinances for additional regulations.
Adult animal. Shall mean any animal that has reached the age of four (4)
months."
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 Kennels," and by adding
regulations for "Kennels, Indoor" to read as follows:
Section 10-1380. Indoor Kennels
Indoor Kennels shall be constructed and sound-proofed to prohibit any noise
beyond the walls of the building of 85 decibels (dB) or higher.
Section 10-1385. Outdoor Kennels
Kennels that include any outdoor area shall be located a minimum of 2,000 feet
from any single family property or zoning district.
SECTION 5. 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.
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SECTION 6. 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 7. 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 8. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROV" BY TH CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of , 2013.
J MCCouri , Mayor
ATTES
/ A Tly
~ Of
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Chris ie Wilson, City Secretary
SE.
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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