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HomeMy WebLinkAboutOrdinance No. 327 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. C)(D.~ AN ORDINANCE AMENDING ORDINANCE NO. 61, THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, SAME ALSO BEING KNOWN AS APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10 RELATING TO USE OF LAND AND BUILDINGS BY AMENDING PARAGRAPH (12) OF SUBSECTION 10-300 RELATING TO DEFINITION OF SWIMMING POOL (PRIVATE); PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Section 10 of Ordinance No. 61, the Comprehensive Zoning Ordinance of the City of The Colony, Texas, as amended, passed and approved on June 4, 1979, same also being known as Exhibit A to the Code of Ordinances of the City of The Colony, Texas, relating to use of land and buildings be and the same is hereby amended in the following particulars and all other existing sections, subsections, paragraphs, words and phrases of said Ordinance No. 61 are not amended but shall remain intact and are hereby ratified, verified and affirmed: A. That paragraph (12) of subsection 10-300 relating to definition of swimming pool (private) is hereby amended to read as follows: "(12) Swimming pool (private): A swimming pool constructed for the exclusive use of the residents at a single-family, duplex, townhouse or apartment dwelling located and fenced in accordance with the standards and regulations of the City of The Colony. Such private swimming pool shall not be operated as a business nor maintained in such a manner as to be hazardous or obnoxious to adjacent property owners nor shall it be constructed in the required front yard. Swimming pools may be located within the required side or rear yards; however, they shall not be located closer than three (3) feet to any property line." Section 2. This Ordinance shall be cumulative of all other ordinances of the City 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 3. If any sentence, article, paragraph, 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 effect 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. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and a separate offense shah be deemed committed upon each day during or on which a violation occurs or continues. Section 5. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and genera] 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 BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this the ~ day of ~-~c~.~ , 1985. ayo~ity of-The C~lony, Te~ms ATTEST: Cit¥/...~>qt(eretary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of T~