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HomeMy WebLinkAboutOrdinance No. 2014-2078 CITY OF THE COLONY, TEXAS ORDINANCE NO.2014-; ZONING ORDINANCE: TENTS AND CANOPIES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, BY REVISING APPENDIX A, SECTION IOD-3100, ENTITLED "TENTS AND CANOPIES," BY ESTABLISHING NEW REGULATIONS AND BY REVISING SECTION IOD-700, ENTITLED "TEMPORARY USE DEFINITIONS" BY AMENDING THE DEFINITION OF "CANOPY;" 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(x) 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 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 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. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That Appendix A, Section I OD-3100, , entitled "Tents and Canopies," and Section IOD-700 entitled "Temporary Use Definitions," of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, are hereby revised as described in Exhibit A, attached. a copy of which is attached hereto as Exhibit A of this Ordinance, and is incorporated herein for all purposes. 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. That any person, firm or corporation violating a provision of this Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. That 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 day of Q i-f , 2014. Joe'McCourry, Mayor ATTEST: Christie Wilson, City Secretary a (3FpeTHn 0 APPROVED AS TO FORM: Jeff Moore, ity Attorney, : Exhibit A Section 10D-3100, "Tents and Canopies:" Tent and Canopy Regulations (a) Location Allowed in all zoning districts. If the location for the temporary tent/canopy is located on a parking lot, it shall be located only in excess parking spaces (i.e. spaces that have been provided in excess of the parking required by ordinance) and shall not infringe on the required parking for the commercial property. Tents and canopies shall not be located in Fire Lanes. (b) Approval Administrative approval, through the application of a tent permit. A site plan shall be required at the discretion of the city manager or his designee. An application shall be submitted to the city manager or his designee a minimum of 28 days prior to the erection of a temporary tent or canopy. A flame-retardant certificate shall be submitted with the application and shall be approved by the fire marshal. A copy of the flame-retardant certificate is required to be affixed to the temporary tent or canopy in a prominent location for the duration of its use. (c) Duration Tent permits are valid for no more than fourteen (14) consecutive days, unless approved for a longer timeframe by the Fire Marshal. (d) Setbacks Tents or canopies 400 square feet in area or greater than shall maintain a three-foot minimum setback from the primary structure. Tents or canopies 400 square feet in area or greater shall maintain a ten-foot minimum setback from any adjacent property line. (e) Utilities Water and sewer lines may not be extended to a temporary tent or canopy. Electric utilities are permitted but shall use the same meter as the primary structure. (f) Sanitary Not required. Special event(s) utilizing tent(s) may require the provision of portable facilities toilet facilities. (g) Permit Required if tent is 400 square feet in area or greater. (h) Fee Yes, as listed in the adopted city master fee schedule. Section I OD-700. "Temporary use definitions:" Canopy. Any temporary structure, enclosure or shelter constructed of fabric or other pliable material that may be partially supported by a building, wall or roof, and additionally by any manner except by air or by the contents it protects and is open without sidewalls or drops on 75 percent or more of the perimeter. In addition, any canopy structure that is 400 square feet or greater in size is defined as a tent for the purposes of the Fire Code.