HomeMy WebLinkAboutOrdinance No. 336 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF THE COLONY, TEXAS, THE SAME
BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE
CITY OF THE COLONY, TEXAS BY AMENDING SECTION 21
RELATING TO THE BOARD OF ADJUSTMENT BY ADDING NEW
SUBSECTION 21-102(4); 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 SAID COM-
PREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING
AN EMERGENCY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
WHEREAc the City of The Colony, Texas (the "City") desires to establish
a filing fee for appeals to the Zoning Board of Adjustment of the City to pay
for certain review, administrative and other costs related to such appeals; 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
afforded a full. and fair hearing to all property owners and citizens of the City;
and
WHEREAS, the City Council does hereby find and determine that the
granting of such filing fee is in the best interest of the public health, safety,
morals and general welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance of the City of the
Colony, Texas, the same being Appendix A of the Code of Ordinances of the
City of The Colony, Texas is amended by amending Section 21 in the following
particulars and that all other existing Sections, Snbsections, Paragraphs,
Sentences, Definitions, Phrases and Words of said Comprehensive Zoning
Ordinance and Code of Ordinances are not amended but shall remain intact and
are hereby ratified, verified, approved and affirmed:
A. That a new Subsection 21-102(4) is hereby added to read as follows:
"(21-102) Appeals
(4) No appeal to the board of adjustment shall be had unless
simultaneously with the notice of appeal required by subsection 21-
102(1), a fee of fifty dollars ($50.00) be deposited with the board
of Adjustment. The board shall note in its minutes the payment of
such fee."
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. This ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shah 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 thereto 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
portions of the ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 5. The fact that the present ordinances and regulations of the
City of The Colony, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of The
Colony, Texas, creates an emergency for the immediate preservation of 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 passage and it is accordingly so ordained.
PASSED AND APPROVED on the ~t~ day of ~('xO~f , 1985.
~ y o ony, Texas -
ATTEST:
City Se~tt~d~Sry, City of The Colony, Texas
[SEAL]
APPi~OVED AS TO FORM:
-2-