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HomeMy WebLinkAboutOrdinance No. 143 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY BY AMENDING SECTION 11-201 TO PROVIDE A MINIMUM LOT WIDTH IN THE DUPLEX DISTRICT OF SIXTY FEET (60'); AMENDING SECTION 11-301 TO PROVIDE A MINIMUM FLOOR AREA PER DWELLING UNIT IN THE DUPLEX DISTRICT OF EIGHTEEN HUNDRED SQUARE FEET (1,800 sq. ft.); ~iENDING SECTION 11-702 TO PERMIT A CARPORT TO BE CON- STRUCTED IN A DUPLEX DISTRICT A MINIMUM OF TEN FEET (10') FROM THE SIDE STREET OR ALLEYWAY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERA- BILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Comission of the City of The Colony, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, have given the requisite notices by publication and otherwise and have held due hearing and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof, and after such hearings, the governing body of the City of The Colony is of the opinion that the Zoning Ordinance should be amended, NOW, THEREFOP, E, 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, heretofore adopted as Exhibit "A" to Ordinance Number 61 of the City of The Colony, be, and the same is hereby, amended by amending Section 11-201, the Schedule of Minimum Required Lot Widths in Feet, to show sixty feet (60') in the "D" district for a duplex type use. SECTION 2. That the Comprehensive Zoning Ordinance be, and the same is hereby, further amended by amending Section 11-301, Schedule Minimum Floor Area Per Dwelling Unit, to provide minimum floor area per dwelling unit for duplex, total both units, of eighteen hundred square feet (1,800 sq. ft.) divided into two units of not less than 900 square feet each, in a "D" district. SECTION 3. That the Comprehensive Zoning Ordinance be, and the same is hereby, further amended by amending Section 11-702, Subdivision 3b, to add the following as a second sentence, to-wit: "Provided that any such garage or carport constructed in connection with a duplex type use in a "D" district shall be set back from the side street or the alley a minimum distance of ten feet from the exterior posts allowing a maximum overhang of two and one-half feet." SECTION 4. Should any section, paragraph, sentence or clause of this ordinance be held or determined to be unconstitutional or invalid for any reason, such declaration shall not affect the remaining portions of this ordinance or the amendments enacted hereby, and the same are declared to be severable. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance of the City as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and upon conviction in the Municipal Court of the City of The Colony, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. THIS ORDINANCE WAS READ IN OPEN MEETING OF THE CITY COUNCIL ON THE ~p~ DAY OF ~.~CY.~.~ ,1981. O THIS ORDINANCE WAS DULY PASSED ON SECOND READING ON THE 9. DAY OF ,z~/~7.~jzk~_~ ,1981. APPROVED: ATTEST: '/ CITY SECRETARY APPROVED AS TO LEGALITY