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HomeMy WebLinkAboutOrdinance No. 341 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING SECTION 24 OF APPENDIX A-ZONING RELATING TO AMENDMENTS BY ADDING NEW SUBSECTION 24-101(6); DETERMINING THAT THE CHANGE IN THE ZONING REGULATIONS HAVE BEEN MADE TO PROMOTE THE HEALTH, SAFETY, MORALS AND WELFARE OF THE COMMUNITY; PRESERVING ALL OTHER PARTS OF APPENDIX A-ZONING; PROVIDING A SEVERABILTY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING AMENDMENT HEREIN MADE; PROVIDING AN EFFECTIVE. DATE AND DE- CLARING AN EMERGENCY WHEREAS, any person or corporation having a proprietary interest in any property located within the corporate limits of the City of The Colony, Texas (the "City") may request a change in the zoning of their property from one district classification to another district classification; and WHEREAS, the City desires to establish a filing fee for the purpose of paying for certain review, administrative and other costs incurred in processing and reviewing an application requesting a change in zoning; and WHEREAS, the Planning & Zoning Commission of the City and the City Council, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City, have given the requisite notices by publication and otherwise and have held due hearings and offered a full and fair hearing to interested persons and citizens; and WHEREAS, the City Council does hereby find and determine that this amendment to the zoning laws of the City is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Section 24 of Appendix A-Zoning of the Code of Ordinances of the City of The Colony, Texas is amended in the following particulars, and that all other existing Sections, Subsections, Paragraphs, Sentences, Definitions, Phrases and Words of said Code of Ordinances are not amended but shah remain intact and are hereby ratified, verified, approved and affirmed: A. That a new Subsection 24-101(6) is added to Section 24 of Appendix A-Zoning which shall read as follows: "(24-101) Procedure. (6) Upon the filing of an application for an amendment or change in classification or boundary of a zoning district, the applicant shah pay to the City a filing fee according to the following schedule: Where the property for which a change in zoning classification amounts to: Fee (a) less than 5 acres $200.00 (b) 5 acres to 24.99 acres $300.00 (c) 25 acres or more $500.00 Section 2. That the zoning regulations as herein established have been made for the purpose of promoting the health, safety, morals and the general welfare of the community. Section 3. That this ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED on the ~(~ day of ~ , 1985. ~_~-'lvl y /t;' ~ oi~The ~otony, 't'exas ~'- ATTEST: · ' ' Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas