HomeMy WebLinkAboutOrdinance No. 377,CITY OF THE COLONY, TEXAS
ORDINANCE N0. 37 7
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF THE COLONY, TEXAS, ORDINANCE NO. 61, AS
AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, THE SAME BE-
ING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF
THE COLONY, TEXAS BY AMENDING SECTION 10-301, PARAGRAPH
(14) RELATING TO DEFINITION OF HOME OCCUPATION; BY AMEND-
ING SECTION 11-702(3)(b); AND BY AMENDING SECTION 17-100
RELATING TO SITE PLAN: PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS
($1,000) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIO-
LATION OCCURS; PROVIDING AN EFFECTIVE DATE AND DECLARING
AN EMERGENCY.
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, Ordinance No. 61, as amended, passed and approved
on June 4, 1979, same being Appendix A of the Code of Ordinances of the
City of The Colony, Texas (the "Comprehensive Zoning Ordinance") be and
the same is hereby amended in the following particulars and all other
existing sections, subsections, paragraphs, sentences, definitions,
phrases and words of said Comprehensive Zoning Ordinance are not amended,
but shall remain intact and are hereby ratified and affirmed:
A. That Section 10-301, paragraph 14, relating to definition of
home occupation, is hereby amended to read as follows:
"Home Occupations: A home occupation is an occupation
carried on in the home by a member of the occupant's family,
without the employment of additional persons, without the use
of a sign to advertise the occupation, without offering any
commodity for sale on the premises, without the use of equip-
ment other than that customarily found in a household and which
does not create obnoxious noise or other obnoxious conditions
to abutting residential property such as emission of odor, in-
creased traffic or generation of light or smoke, and where the
use is carried on in the main structure only. A home occupation
specifically excludes the operation of a repair shop or garage,
antique shop, beauty shop, barber shop, plumbing shop, manu-
facturing process, or similar sales or service acitivity on
residential premises. Materials and vehicles used in connec-
tion with any commercial use on a residential lot or tract shall
not be stored on said residential lot or tract except for com-
pany vehicles of less than one (1) ton carrying capacity used
for passenger transportation only."
B. That Section ll -702(3)(b) is hereby amended to read as
follows:
"(b) Where a garage or carport is designed and con-
structed to be entered from an alley or side street, such garage
or carport shall be set back from the side street a minimum dis-
tance of twenty (20) feet to facilitate access without inter-
ference with the use of the street by other vehicles or persons.
Provided that any such garage or carport constructed in connec-
tion with a duplex type use in a "D" district shall be allowed
to be set back from the side street a minimum distance of ten
(10) feet from the exterior posts allowing a maximum overhang of
two and one-half (2 ') feet, except that carports accessed from
an alley so constructed in a "D" district shall be set back from
the rear property line a minimum distance of three (3) feet from
the exterior posts allowing a maximum of 1z feet. In a single
family zone, carports accessed from an alley may be set back
five (5) feet fromthe rear property line with a two and one-
half (2 z) foot overhang."
C. That Section 17-100 relating to site plan is hereby amended
to read as follows:
"17-100 Approval of a site plan or development plan shall
be required for all development involving a planned development
district, a specific use permit, a single-family attached or
townhouse project, a shopping center, any institutional develop-
ment, an apartment project, a mixed use community development, a
mobile home park, any development where more than one main build-
ing or use is proposed on a lot, a tract or any development, add-
ition or alteration of any lot, tract, building, structure or
site when it is determined by the Building Official that such
development, addition or alteration will have any environmental,
aesthetic, or operational impact on the surrounding area."
Section 2. If any section, article, paragraph, sentence, clause,
phrase, or word in this ordinance, or application thereto any person 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 the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 3. Any person violating any of the provisions of this ord-
inance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine in a sum not to exceed One Thousand Dollars
($1,000) for each offense and a separate offense shall be deemed committed
upon each day during or on which a violation occurs.
Section 4. 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
the public business, property, health, safety, and general welfare of the
public which requires that this ordinance become effective from and after the
date of its passage and it is accordingly so ordained.
1985. PASSED AND APPROVED on this the g)'PLIJe day of ��i.�� 1
Mayor City, of e olony, Texas
ATTEST:
City SecretWry, City of The Colony, Texas
APPROVED:
City Attorney, City of The Colony, Texas