HomeMy WebLinkAboutOrdinance No. 2016-2242CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10-100 OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS,
ENTITLED "SCHEDULE OF USES BY DISTRICT," BY ADDING
"AUTOMOBILE RENTAL" LAND USE; AMENDING APPENDIX A,
SECTION 10-300 OF THE CODE OF ORDINANCES, ENTITLED
"DEFINITIONS AND EXPLANATIOtiS APPLICABLE TO THE USE
SCHEDULE," BY ADDING A DEFINITION FOR AUTOMOBILE
RENTAL; AMENDING APPENDIX A, SECTION 25-101 OF THE CODE
OF ORDINANCES, ENTITLED "DEFINITIONS," BY ADDING
DEFINITIONS FOR "AUTOMOBILE," "LIGHT LOAD VEHICLE" AND
"HEAVY LOAD VEHICLE;" AMENDING APPENDIX A, SECTION 10D-
700, OF THE CODE OF ORDINANCES OF THE CITY OF THE
COLONY, TEXAS, ENTITLED "TEMPORARY USE DEFINITIONS," BY
AMENDING THE DEFINITION OF "SPECIAL EVENT"; AND
AMENDING APPENDIX A, SECTION IOD -2800 OF THE CODE OF
ORDINANCES OF THE CITY OF THE COLONY, TEXAS, ENTITLED
"SPECIAL EVENTS," BY AMENDING SUBSECTION (A), ENTITLED
"EXAMPLES", BY REDEFINING EXAMPLES OF SPECIAL EVENTS;
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(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(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following "[a] public hearing shall be held by city council
before adopting any proposed amendment, supplement or change. Notice of such hearing shall
be given per the publication policy of the city, stating the time and place of such hearing, and
shall be published a minimum of 15 days prior to the date of the public hearing;" 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 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 "221 Automobile Rental" use, which shall read as follows:
Type of Use SF
D
TH
M1
M2
M3
M4
MH
PD
A
P
01
02
NS
SC
GR
LC
HC
I
BP
221
Automobile N
N
N
N
N
N
N
N
N
N
N
N
N
N
SUP
SLP
SUP
SLP
SUP
SUP
rental
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 adding an "Automobile Rental" definition which shall read
as follows:
"(221) Automobile Rental. Storage, leasing, or renting of automobiles, motorcycles, and light
load vehicles, defined as a self-propelled vehicle having no more than 2 axles such as a pick-up
truck or van including electric or natural gas automobiles that run on electricity or natural gas,
but excluding recreation vehicles and vehicles designed for commercial hauling."
SECTION 4. That Appendix A, Section 25-101, of the Comprehensive 'Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions," is hereby amended by
adding definitions for "Automobile," "Heavy Load Vehicle," and "Light Load Vehicle," which
shall read as follows: ....
"Automobile: A 4 -wheeled, self-propelled vehicle designed for passenger transportation,
including electric or natural gas automobiles that run on electricity or natural gas."
"Heavy Load Vehicle: A self-propelled vehicle having a Manufacturer's Recommended Gross
Vehicle Weight Rating (GVWR) of greater than 10,000 pounds, such as tractor -trailers, buses,
vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load
Vehicle" unless specifically stated otherwise."
"Light Load Vehicle: A self-propelled vehicle having no more than 2 axles such as a pick-up
truck or van but excluding recreation vehicles and vehicles designed for commercial hauling or
for the moving of home furnishings and similar articles."
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SECTION 5. That Appendix A, Section IOD -700, of the Comprehensive 'Zoning
Ordinance of the City of The Colony, Texas, entitled "Temporary use definitions," is hereby
amended, which shall read as follows:
"IOD -700. Temporary use definitions.
Apron. The paved area between any store and its first row of parking or drive aisle located
adjacent to the entrance. Also considered to be "under the eaves" regardless of whether actual
eaves are present.
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.
City -based organization. Any group maintaining an organizational structure within the city.
Mobile food truck. An enclosed, commercially manufactured, motorized mobile unit in which
ready to eat food is cooked, wrapped, packaged, processed or portioned for service, sale or
distribution and designed for the transportation, storage and preparation of foods.
Not for profit organization. Any organization that is recognized by the Internal Revenue Service
(IRS) as having a not-for-profit status.
Seasonal. Shall mean the typical time period generally understood to be appropriate for a certain
type of goods and/or services. For example, Christmas tree sales season would typically be the
six weeks prior to the Christmas holiday while the sale of firewood would typically be the six-
month period when the weather falls to a temperature in which fireplaces might be put to use.
Special Event. An infrequent advertised and/or open to the public event outside of normal
activities which is likely to attract visitors, and is an opportunity for leisure, social or cultural
experiences by attendees. Such special events may include, but are not limited to, any public
amusement or event that will take place on a public right-of-way, exhibitions, automobile shows,
tournaments, running events, festivals, carnivals, air shows, group garage sales, outdoor
shows/concerts, craft fairs, block parties, parades and religious events. Special events are further
defined as temporary activities that are abnormal to the specific site when needs of traffic,
parking, restrooms, noise level, crowds, zoning, etc., exceed the original design and intent of the
site. This article does not apply to activities normally occurring on property appropriately zoned
to allow the activity.
Temporary business. A business transacted or conducted in the city that is upon private property
which has no definite arrangement for legal right of occupancy and is used for the purpose of
conducting business for a limited period of time.
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Tent. A temporary structure, enclosure or shelter constructed of fabric or other pliable material
supported by any manner except by air or the contents it protects. A tent it typically open on the
sides, but may have drop-down sides constructed of fabric or pliable material as well."
SECTION 6. That Appendix A, Section IOD -2800(a), of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Special Events," is hereby amended,
which shall read as follows:
(a) Examples Special Event. An infrequent advertised and/or open to the public
event outside of normal activities which is likely to attract visitors,
and is an opportunity for leisure, social or cultural experiences by
attendees. Such special events may include, but are not limited to,
any public amusement or event that will take place on a public
right-of-way, exhibitions, automobile shows, tournaments, running
events, festivals, carnivals, air shows, group garage sales, outdoor
shows/concerts, craft fairs, block parties, parades and religious
events. Special events are further defined as temporary activities
that are abnormal to the specific site when needs of traffic,
parking, restrooms, noise level, crowds, zoning, etc., exceed the
original design and intent of the site. This article does not apply to
activities normally occurring on property appropriately zoned to
allow the activity.
SECTION 7. 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 8. 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 9. 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
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
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PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF THE
COLONY, TEXAS, THIS 6th day of December, 2016.
ATT
Tina Stewart, City Secretary
APPROVED AS TO FORM:
G
J e McCou , Mayor
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