HomeMy WebLinkAboutOrdinance No. 2014-2109 CITY OF THE COLONY,TEXAS
ORDINANCE NO.2014-2109
THRIFT STORES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE APPENDIX A, SECTION 10-100, ENTITLED "SCHEDULE
OF USES BY DISTRICT" BY REMOVING THE LAND USE
"SECONDHAND STORE" AND REPLACING IT WITH A NEW LAND
USE, "THRIFT STORE;" AMENDING APPENDIX A, SECTION 10-300,
ENTITLED "DEFINITIONS AND EXPLANATIONS APPLICABLE TO
USE SCHEDULE" BY REMOVING THE DEFINITION FOR
"SECONDHAND STORE" AND REPLACING IT WITH A NEW
DEFINITION FOR "THRIFT STORE;" AND ADDING A NEW
APPENDIX A, SECTION 10-2500, ENTITLED "THRIFT STORE;"
ESTABLISHING REGULATIONS RELATED TO THRIFT STORES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has held a public hearing, discussed and considered such
revisions and has determined that it is in the best interest of the City of The Colony, Texas, to
amend Appendix A, "Zoning," of the Code of Ordinances, Section 10-100, "Schedule of Uses by
Districts" by removing the land use "Secondhand Store" and by replacing it with a new land use
"Thrift Store;" by amending Section 10-300, "Definitions and Explanations Applicable to Use
Schedule"by removing the definition for"Secondhand Store" and replacing it with a new definition
for "Thrift Store;" and by adding a new Section 10-2500, entitled "Thrift Store," establishing
regulations related to thrift stores 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 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 removing the land use "Secondhand Store," and by replacing it with a new land use,
entitled"Thrift Store,"which shall read as follows:
Schedule of Uses of the Zoning Ordinance
Sec. 10-100
re) 0 NI u cC
Type of Use
117 Thrift Store N N N N N N N N S N S N N N S S S S S N
SECTION 3. 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 removing the definition of "Secondhand Store" and by
replacing it with a new land use definition, entitled"Thrift Store," which shall read as follows:
"117. Thrift Store. A retail store that primarily sells second-hand or used merchandise,
furniture and other goods to the general public."
SECTION 4. That Appendix A of the Comprehensive Zoning Ordinance of the City of
The Colony, Texas, is hereby amended by adding a new Section 10-2500, entitled "Thrift Store,"
which shall read as follows:
"Section 10-2500. Thrift Stores. The following regulations shall apply to thrift stores:
(1) A thrift store must be located a minimum of two (2) miles from another thrift store,
measured from door to door;
(2) A thrift store shall not be the anchor store in a shopping center; it shall be a minimum of
twenty-five percent (25%) smaller in size than the major tenant; and
(3) Drop off points shall be screened with solid screening walls or shrubs that will grow to a
minimum of six (6) feet at maturity, shall be located a minimum of 200 feet from any
residential use and shall remove any donated items and/or accumulated debris on a daily
basis so that no items are left outside overnight."
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.
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. That any person, firm or corporation violating any of the provisions or terms
of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 8. 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 DECEMBER,2014.
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/ oe Mc o „ y, Mayor
ATTE , :
/s/Christie Wilson, City Secretary C>./.
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APPROVED AS TOFO ' •
11-'i SEAL
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/s/Jeff lVlo s e, City Attorney """ """""""�'''�