HomeMy WebLinkAboutOrdinance No. 2014-2039
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2014-2039
CREDIT ACCESS BUSINESSES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DELETING SECTION 13-169, ENTITLED
"LOCATION OF A CREDIT ACCESS BUSINESS," FROM THE CODE
OF ORDINANCES; AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 10-100, ENTITLED "SCHEDULE
OF USES BY DISTRICT," AMENDING THE USE CHART TO ADDRESS
CREDIT ACCESS BUSINESSES; AMENDING APPENDIX A, SECTION
10-300, ENTITLED "DEFINITIONS AND EXPLANATIONS
APPLICABLE TO USE SCHEDULE," BY AMENDING SUBSECTION 57,
ENTITLED "BANK OR SAVINGS AND LOAN OFFICE," BY
AMENDING SAID DEFINITION; AMENDING APPENDIX A, SECTION
10-300, ENTITLED "DEFINITIONS AND EXPLANATIONS
APPLICABLE TO USE SCHEDULE," BY ADDING SUBSECTION 217
AND 218, BY ADDING A DEFINITION FOR "CREDIT ACCESS
BUSINESS" AND "PAYDAY ADVANCE OR LOAN BUSINESS;"
AMENDING APPENDIX A, BY ADDING A NEW SECTION 10-2300,
ENTITLED "CREDIT ACCESS BUSINESS"; ESTABLISHING
DISTANCE REQUIREMENTS FOR CREDIT ACCESS BUSINESSES;
PROHIBITING CREDIT ACCESS BUSINESSES FROM LOCATING
WITHIN 1,000 FEET OF ANOTHER CREDIT ACCESS BUSINESS OR
WITHIN 500 FEET OF A RESIDENTIAL DISTRICT, SCHOOL, OR
WITHIN 500 FEET OF MAIN STREET OR STATE HIGHWAY 121;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS (52,000) 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 15th 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
fi•om 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 full 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 fully set forth herein.
SECTION 2. That Section 13-169 is hereby repealed from the Code of Ordinances.
SECTION 3. That Sections 13-170 and 13-171 are hereby re-numbered as Sections 13-
169 and 13-170, respectively.
SECTION 4.
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 adding the
following use to said use chart, which shall read as follows:
Type of Use SP D TH MI M2 M3 M4 MH PD A P 01 02 NS SC GR LC HC I BP
217 Credit access N N N N N N N N N N N N N N S S S s s S
business
SECTION 5. That Appendix A, Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by amending subsection (57) entitled "Bank or savings and
loan office," which shall read as follows:
"[57] Bank or savings and loan office: A facility the primary use of which is the
custody, loan exchange or issue of money; the extension of credit; and the
transmission of funds. The term excludes 'credit access business."'
SECTION 6. That Appendix A, Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by adding a new subsection (217) entitled "Credit access
business," and a new subsection (218) entitled "Payday advance or loan business" which shall
read as follows:
"[217] Credit access business. Has the meaning given that term in Section
393.601 of the Texas Finance Code, as amended, and includes a check cashing
business, payday advance or loan business, money transfer business, or car title
loan business.
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[218] Payday advance or loan business. An establishment that makes small
consumer loans, usually backed by postdated check or authorization to make an
electronic debt against an existing financial account, where the check or debit is
held for an agreed-upon term, or until an applicant's next payday, and then
cashed unless the customer repays the loan to reclaim such person's check."
SECTION 7. That Appendix A of the Zoning Code of the City of The Colony, Texas, is
hereby amended by adding a new section 10-2300, entitled "Credit access business" which shall
read as follows:
"10-2300. Credit Access Businesses.
Credit access businesses are subject to the following regulations:
(a) A lot containing a credit access business shall be located at least one
thousand (1,000) feet from any lot containing another credit access
business, as measured in a straight line between the nearest points of
one lot to the other lot.
(b) A credit access business shall be located at least five hundred (500) feet
from any residential property, public or denominational school, as
measured in a straight line between the nearest points of one lot to the
other lot.
(c) No lot containing a credit access business shall be located within five
hundred (500) feet of the rights-of-way of Main Street or S.H. 121.
(d) See additional requirements in Chapter 13, Article XIII, Sections 13-160 to
13-171, entitled "Credit Access Business."
SECTION 8. 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 9. 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 10. 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
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Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 11. 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 7th day of January, 2014.
Jqe McCogfiy, Mayor
ATTEST:
Christie Wilson, City Secretary a•.►~'
sr.
APPROVED AS TO FORM:-
%
/Jeff Moore, City Attorney
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