HomeMy WebLinkAboutOrdinance No. 721 CITY OF THE COLONY~ TEXAS
ORDINANCE NO. ~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF THE COLONY, TEXAS, ORDINANCE NO. 6[, AS
AMENDED, PASSED AND APPROVED ON JUNE 4, ]979, THE SAME
BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF
THE COLONY, TEXAS, BY AMENDING SECTION [7 RELATING TO SITE
PLAN APPROVALS AND SPECIAL DEVELOPMENT STANDARDS BY
AMENDING SECTION ~7-]04 RELATING TO LANDSCAPE REQUIREMENTS;
PROVIDING DEFINITIONS; PROVIDING MINIMUM STANDARDS;
PROVIDING MAINTENANCE REQUIREMENTS; PROVIDING INCENTIVES;
CORRECTING THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A
PENALTY OF NOT LESS THAN ONE DOLLAR ($[.00) NOR MORE THAN
FIVE HUNDRED DOLLARS ($500.00) 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
WHEREAS, to aid in stabilizing the environment's ecological
balance by contributing to the process of air purification, oxygen
regeneration, ground water recharge, storm water runoff and erosion
retardation, and provision of habitats for wildlife, while at the
same time aiding in noise, glare and heat abatement; and
WHEREAS, to ensure the native stock, of trees and vegetation is
preserved and replenished; and
WHEREAS, to assist in providing adequate light and air and in
preventing overcrowding; and
WHEREAS, to provide visual buffering and enhance the
beautification of the City; and
WHEREAS, to safeguard and enhance property values and to protect
public and private investment; and
WHEREAS, to preserve and protect tbe unique identity and
environment of the City of The Colony and preserve the economic
base attracted to the City of The Colony by such factors; and
WHEREAS~ to conserve energy, water, and natural resources; and
WHEREAS, the City Council finds and determines that the granting
of such change in the zoning ordinance 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, Ordinance No. 61., as amended, passed
and approved on June 4, 1979, the 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 and changed
in that Section ~7 shall be amended in the following manner:
SECTION 17-104(A) Application of Article
I. This article shall apply to all land located in the City of The
Colony.
II. This article does not apply to the following:
A. Lots containing only single family, duplex, townhouse, mobile
home, or HUD-Code manufactured residences.
B. Building permits issued prior to the effective date of this
ordinance, except as defined in Section VII. NONCONFORMING
PROPERTIES.
C. School, Church, Federal, State~ and County properties.
III. In case of conflict between the requirements of this section
and any other ordinance~ rule or regulation of the City of The
Colony, the provisions of this section shall prevail. Provided that
this section shall be subordinate to Chapter 19 of the Code of
Ordinances relating to traffic safety.
17-104(8) DEFINITIONS
Buffer: an area on the perimeter of a building site or lot, which contains landscaping
(other than just grass or flat terrain), along with berms, walls, or decorative fences that
at least partially and periodically obstructs the view of vehicular use areas, parking areas
and retention ponds from the street.
Caliper: the diameter of the trunk of a tree measured six (6") inches above ground level.
If a tree is of a multi-trunk variety, the caliper of the tree is the sum of the largest trunk
plus one-half the caliper of the remaining trunks.
Improved property: any property which contains a commercial building in which
business is being conducted.
Landscaped area: an area at least eighty (80%) percent of which is covered by natural
grass, ground cover, trees, or other natural plant materials (excluding screening); the use
of stone, brick, aggregate or other inorganic materials shall not exceed twenty (20%)
percent of the area. Except for sidewalks, smooth concrete and asphalt areas are not a
part of the landscaped area.
Landscape plan: to be submitted with the site plan for approval by the City Council of
the city of The Colony, Texas in conjunction with improvements to non-residentially zoned
property, including multi-family districts 1, 2, 3, 4.
Owner: for the purpose of this section, includes any person with a freehold interest in
land, agent, employee or other person acting on behalf of the owner with the owner's
authorization.
Parkway: shall mean the area lying between the street right-of-way line of any public
street, which is not an alley, and the curb line of the street, or if there is no curb line, the
shoulder of the street, or if there is no shoulder or curb, the travelled edge of the
pavement of such street.
Permeable pavement: means a paving material that permits water penetration to a soil
depth of eighteen (18") inches or more. Permeable pavement may consist of nonporous
surface materials poured or laid in sections not exceeding one square foot.
Plant list: shall mean the "Ornamental Plant List for Denton County Landscapes,"
prepared by the Denton County Horticulturist.
Protected tree: shall mean a living tree whose trunk is at least eighteen (18") inches in
diameter, measured twelve (12") inches above the ground.
Removal: as applied to protected trees, shall mean the uprooting or severing of the main
trunk of the tree, or any other act which causes or may reasonably be expected to cause
the tree to die, including but not limited to damage inflicted upon the root system by
machinery, storage of material, or soil compaction; substantially changing the natural
grade above the root system or around the trunk; excessive pruning; or paving with
concrete, asphalt, or other impervious materials in a manner which may reasonably be
expected to kill the tree.
Shrub, larqe: a shrub which normally reaches a mature height of six (6') feet or more,
not exceeding fifteen (15') feet.
Shrub, medium: a shrub which normally reaches a mature height of four (4') feet.
Shrub, small: a shrub which normally reaches a mature height of two (2') feet.
Street yard: shall mean the area of the lot which lies between the street right-of-way line
and the front wall of the principal building located on the lot, including the area delineated
by extending an imaginary line from the outer corners of the building and parallel to the
street until such imaginary extensions of such building wall line intersects the side
property lines. In determining the actual building wall of the building for the purposes of
this section, steps and unenclosed porches shall be excluded, but such building wall line
shall follow and include the irregular indentions of the building. A front building wall is a
building wall fronting on a street.
On corner lots, the street yards shall consist of all the area of such lot between all
abutting street right-of-way lines and their corresponding actual front building wall lines,
as such lines are imaginarily extended in the manner described above.
When there are multiple buildings on a lot, the street yard shall consist of all the area of
the lot between the street right-of-way line(s) and an imaginary line beginning at one side
of the property line, running parallel to the street, connecting to the front-most corner of
the building wall fronting the street and nearest property line, then following and
connecting the front-most walls of all the buildings fronting on the street, and then
extending to the other side of the property line, running parallel to the street. If a building
has a rounded front, the front building wall corners shall be the points closest to the side
boundaries. Provided, that isolated buildings (e.g.: photo processing kiosks or drop-offs,
bank drive through, etc.) shall not be considered in delineating the street yard.
On property used only for parking purposes or only as a commercial or priv~ate parking
lot, the street yard shall consist of the area between the street right-of-way line and the
back property line.
Tree, large: a tree which normally reaches a mature height of thirty (30') feet or more.
Tree, small: a tree which normally reaches a mature height of less than thirty (30') feet.
17-104(C) LANDSCAPING
I. MINIMUM REQUIREMENTS
A. LANDSCAPED AREA.
1. At least 20% of all street yards shall be landscaped using the approved plant list.
The use of non-living landscape materials shall not predominate over the use of
organic plant materials within a single landscaped area.
2. For phased development projects, each phase of the development shall meet all
landscape requirements as if it were being developed alone. In the case of split
ownership, the requirements of this ordinance apply to the overall project.
3. All required landscaping and landscaped areas shall be protected from vehicular
encroachment through the use of concrete curbs, wheel stops, or other permanent
barriers.
4. Landowners are encouraged to landscape the areas within the parkway abutting
their land. (See Credits and Allowances) Provided however:
a. If landscaping placed in the parkway is removed or destroyed during the
course of general maintenance or repair of municipal infrastructure or the
installation of capital improvements, the city has no responsibility to replace, or
repair such landscaping. The city will, however, make every reasonable effort to
preserve and protect existing landscaping and will to the best of its ability restore
disturbed landscaping to its pre-construction condition.
b. Any underground sprinkler systems, planters or other permanent structures
placed in the parkway shall require a license agreement with the City. When any
other governmental jurisdiction is trustee of the public parkway at the particular
location in question, arrangements must be made with such other jurisdictions.
c. No landscaping shall be placed in an area of parkway where a capital
improvement project has been funded for such location until the project has been
completed.
d. The owner of the lot shall be responsible for maintaining the landscaped area
located within the parkway.
B. TREES.
1. Within the street yard, a minimum number of trees are required to be planted or
preserved according to the following ratios. These trees shall be at least twelve (12')
feet tall or two (2") inch caliper, and are the total minimum number of trees required
by this ordinance; other parts of this ordinance only refer to placement of these
trees, and are not additional requirements. ,
a. In street yards of less than 10,000 square feet, one tree per 1,000 square feet
or fraction thereof shall be required.
b. in street yards of 10,000 to 110,000 square feet, one tree per 2,500 square
feet, or fraction thereof, of street yard over 10,000 square feet plus ten (10)
additional trees shall be required.
c. In street yards of greater than 110,000 square feet, one tree per 5,000 square
feet, or fraction thereof, of street yard over 110,000 square feet plus fifty (50)
additional trees shall be required.
2, At least 50% of the area within the drip line of any tree shall be permeable.
3. All trees shall be planted in an area that is at least five (5') feet wide.
C. BUFFERING.
1. A buffer at least twenty (20') feet wide on average is required along street
frontage. This buffer can extend into the street parkway. This landscaped area may
be used to satisfy the requirements of paragraph I.A. 1.
2. Each linear foot of buffering requires at least one point from the following
buffering point system:
Buffer Element II Points
1-1.5 Caliper I 2-2.5 Caliper I 3-3.5 Caliper
Small Tree 3 points I 6 points ', 9 points
Large Tree 3 points , 6 points I 9 points
1-2 Gallon I 3 Gallon I
5
Gallon
Large Shrub 1 point , 2 points , 3 points
Medium Shrub 1 point ', 2 points ', 3 points
Small Shrub .5 point , 1 point I 2 points
Decorative Wall
(3 ft high min) 3 points per linear ft
Berm (3 ft high
min, 4:1 ratio) .5 points per linear ft
3. The buffer area does not have to be planted at the same density throughout,
however, the elements shall be combined so that no more than 1/4 of the buffer
area is absent of elements and no fewer than two elements are used for more than
50 percent of the buffer length.
D. PARKING LOTS
1. Ninety square feet of landscaping is required for each 12 parking spaces within
a parking lot located in the street yard. This landscaped area may be used to satisfy
paragraph I.A.1 .; however, if the 20% requirement for landscaping is otherwise met,
this requirement shall be in addition to it.
2. Sixty square feet of landscaping is required for each 12 parking spaces in all non-
street yard parking lots. This is in addition to the landscape requirements in the
street yard.
3. The landscaped areas required in the preceding two paragraphs shall occur
within the parking lot boundaries as landscaped medians, islands, or peninsulas.
4. No complete parking space sha~l be located further than seventy-five (75') feet
from a tree or a permeable landscaped island, peninsula or median.
E. IRRIGATION
1. All landscaped areas shall be irrigated utilizing one or a combination of the
following methods:
a. An automatic underground system (conventional spray, bubbler, etc.);
b. An automatic water-saving system (drip, porous pipe, leaky pipe, etc.); or
c. A hose attachment within 100 feet of any landscaped area.
Regardless of the irrigation method selected, all systems must be freeze protected.
2. The Irrigation system shall be in place and operational at the time of the
landscape inspection for Certificate of Occupancy and be maintained and kept
operational at all times.
3. Landscape areas utilizing Xeriscape plants and installation techniques, including
areas planted with native grasses and wildfiowers, may use a temporary
aboveground system and shall be required to provide irrigation for the first two
growing seasons only.
4. Landscape plans shall include an irrigation drawing which shall indicate the
nature and location of irrigation which will be used.
5. No irrigation shall be required for undisturbed natural areas or undisturbed
existing trees.
II. VIEW OBSTRUCTION
A. No landscaping, trees, or other features required by this Ordinance shall obstruct
the view of motorists at curb returns, or between the street and the access drives and
parking aisles near the street yard entries and exits.
B. No landscaping, tree, or other feature required by this Ordinance shall obstruct the
view of drivers within moving vehicles in a parking lot. Landscape material shall not
exceed three feet in height above curb level in an island or module located at the
intersection of two or more maneuvering aisles within a parking lot. If trees are located
within such islands or modules, all branches shall be kept trimmed more than seven
feet above curb level.
III. CREDITS AND ALLOWANCES
A. An existing or planted tree which is at least eight (8") inch caliper or at least six (6")
inch caliper and at least fifteen (15') feet tall, shall be considered two trees.
B. Each square foot of landscaped area which is permeable and within the area
encompassed by the dripline of a tree of at least four (4") inch caliper, shall count as
one and one-half (1 1/2) square feet of landscaped area.
C. On all lots having a street yard of 10,000 square feet or less, up to one-half of the
required landscape area may be placed in the parkway abutting the lot.
D. On all lots having a street yard in excess of 10,000 square feet, up to one-fourth of
the required landscape area may be placed in the parkway abutting the lot.
IV. ALTERNATIVE COMPLIANCE
A. A landscape plan which is alternative to strict compliance with the various landscape
requirements in this ordinance may be approved according to the specifications of this
section.
B. Alternative proposals shall be clearly identified on the landscape plans and the site
plan shall include a letter outlining the alternative proposal.
C. To achieve an alternative equivalence to strict compliance with the landscape
requirements of this ordinance, a point system is established. Each basic requirement
which cannot be achieved is assigned a negative point value which may be
compensated for with positive equivalents shown in the compensation list.
D. Deficiencies.
Landscape Area as Negative
a percent of Street Yard Points
< 15 percent -20
15 percent -15
16 percent -10
17 percent -8
18 percent -6
19 percent ~4
Average buffer width Negative
points
<15 ft -20
15 ft -15
16 ft -10
17 ft -8
18 ft -6
19 ft -4
Landscape Area for Negative
Each 12 Parking Spaces Points
<60 square feet -10
60-90 square feet -5
Landscape Area for Each 12 Negative
Parking Spaces-non street yard points
<60 square feet -5
Landscape Islands, Medians, Negative
Peninsula, or Tree Placement Points
Within 125 feet of each space -10
Within 100 feet of each space -5
E. Compensation
Trees Positive
Points
Percent of Installed 3" or greater
Street Yard Trees caliper
10% 2 pts
20% 4 pts
30% 6 pts
40% 8 pts
50% and greater 10 pts
Buffer increased above Positive
minimum of 1 point/linear ft Points
1.1 pt/ft 1 pt
1.2 pt/ft 2 pts
1.3 pt/ft 3 pts
1.4 pt/ft 4 pts
1.5 pt/ft 5 pts
Special Landscape Features Positive
Points
Areas of seasonal color 5 pts
Landscape water features > 1% of site 6 pts
Arbors, gazebos or shade seating areas 4 pts
for public use
Irrigation of medians along property's 8 pts
frontage
20 ft Buffer adjacent to residential areas 6 pts
Walkways, or jogging paths (not 6 pts
sidewalks) > 1% of site
1% of site dedicated to playgrounds for 6 pts
public use
Statues/Sculptures within street yard 4 pts
Complete Xeriscaping 15 pts
Design includes all native trees 5 pts
Design includes all native shrubs 5 pts
Spray type automatic irrigation system 3 pts
Water saving automatic irrigation system 3 pts
V. MAINTENANCE REQUIREMENTS
A. The property owner shall maintain the required trees, landscaped areas, and plant
materials in a vigorous and healthy condition, free from disease, pests, weeds, and
litter. This maintenance shall include but is not limited to; weeding, watering, fertilizing,
pruning, mowing, edging, mulching and other needed maintenance, in accordance
with generally accepted horticultural practices. No landscape material shall be allowed
to exceed three feet in height above curb level, and all overhanging foliage shall kept
trimmed more than seven feet above curb level. In addition, all landscape structures
(wails, fences, etc.) shall be kept in a structurally sound and aesthetic condition.
B, If the property owner fails to perform the maintenance required by this Section, the
City may issue a written notice to the owner requiring the owner to perform the
required maintenance or to replace any trees or plant materials or other items originally
approved in the property's landscape plan.
C. The owner shall have seven (7) days from the date of the notice to comply, unless
replacement of plant materials or trees is required, in which case thirty (30) days are
allowed. The City may grant an extension of time where seasonal or adverse weather
conditions make maintenance or replacement impractical.
D. Replacement plants must be the at least same size and species as shown on the
approved landscape plan or must be equivalent in terms of quality and size. Such
replacement will not be considered an amendment to the approved plan.
E. Landscaping and structures placed in right-of-ways or easements must be
maintained by the owner even if damage is caused by utility companies or
governmental entities.
VI. COMPLETION TIME FRAME FOR LANDSCAPING
A. All landscaping must be completed in accordance with the approved landscape
plan before a Certificate of Occupancy may be issued for any building on the lot.
B. If a Certificate of Occupancy is sought during a season when the Building Official
or his designee determines that landscaping cannot be installed, a certificate of
occupancy may be issued even though the required landscaping has not been
completed. Provided the following conditions are met:
1. The required landscaping shall be installed within nine (9) months following the
issuance of the certificate of occupancy.
2. The property owner shall provide the City with a performance bond sufficient to
cover all costs of installing the required landscaping. This bond shall not be
assignable or transferable.
3. The owner shall provide the City written permission to install the required
landscaping on the property in the event the owner does not complete the required
landscaping within nine (9) months.
C. If the owner completes the required landscaping within the nine (9) month period,
the bond shall be released to the owner within ten (10) working days of completion.
Otherwise, the owner shall forfeit the bond, and the city shall ensure the required
landscaping is installed.
VII. NONCONFORMING PROPERTIES
A. All improved properties existing on the effective date of this ordinance which are not
in compliance with its provisions shall be considered nonconforming.
B. All nonconforming properties shall, as a minimum, comply with Section I.C.
BUFFERING, Section I.E. IRRIGATION, Section II VIEW OBSTRUCTION, Section IV.
ALTERNATIVE COMPLIANCE, and Section V. MAINTENANCE REQUIREMENTS within
eighteen (18) months of the effective date of this ordinance.
NOTE: The width of buffering required in Section I.C. shall be satisfied by any
existing width available for landscaping, without removal of any sidewalk, or
parking lot. e.g. If there is a grassy strip along the street frontage within the
property boundary which is only ten feet wide, this area shall be landscaped
in accordance with paragraphs 2 and 3 of Section I.C.
C. If more than twenty-five (25%) percent of the parking lot of any nonconforming
property is renovated (other than resurfacing), that portion being renovated must meet
the requirements of Section I.D. PARKING LOTS, Section I.E. IRRIGATION, Section II
VIEW OBSTRUCTION, Section IV ALTERNATIVE COMPLIANCE, Section V.
MAINTENANCE REQUIREMENTS, and Section VI.COMPLETION TIME FRAME FOR
LANDSCAPING.
VIII. LANDSCAPE PLAN REQUIREMENTS
A. The owner of any property, having made application to the city for approval of a site
plan, as required by Section 17 Appendix A - Zoning, shall also submit a landscaping
plan clearly illustrating the landscaping of the site, in the form and manner specified
by the city. The plan shall contain sufficient detail, as specified by the city.
B. A landscape designer or architect shall prepare the landscape plan.
C. A landscape plan required under this section shall contain the following information:
1. Project name.
2. Block and lot numbers.
3. Date, scale, north arrow, and the names and addresses of both the property
owner(s) and the person(s) or company preparing the landscape plan.
4. Property or boundary lines with bearings and dimensions.
5. Topography with contour intervals of not more than five (5') feet.
6. Vicinity map.
7. Location of any proposed buildings and parking lots.
8. Location, height, and material of proposed screening and fencing (with berms to
be delineated by one-foot contours).
9. Location and dimensions of proposed landscape buffer strips.
10. The location, size, and type of proposed landscaping in proposed landscape
areas (tree or shrub, ground cover, or grass); and the location of proposed
landscaped areas; including a note as to the actual square footage of the landscape
area.
11. The location of existing trees on the site and the approximate size of their
crowns.
12. The proposed irrigation system and related details.
13. An indication of how the applicant intends to protect the existing trees, that will
be retained, from damage during construction.
14. Complete listing of all proposed grasses, shrubs and trees, which shall include
their common names, height, caliper and number, where applicable.
15. Size, height, location and material of proposed seating, lighting, planters,
sculptures, and water features.
17-104(~ PROTECTED TREES
I. GENERAL.
A. No person shall remove or cause the removal of any protected tree from any
property within the City without first securing a permit from the Inspection Department,
except as follows:
1. The protected tree to be removed is approved in accordance with the required
landscape site plan as provided for in this ordinance.
2. The protected tree is located within the building pad site of new commercial
construction, or the street right-of-way, or utility easement required as part of an
approved final plat or capital improvement project.
3. The protected tree has sustained damage in the form of a broken trunk, broken
limbs, or uprooting, which creates an immediate hazard to life or property, and the
removal is effected before the beginning of the fifth business day following the
occurrence of the damage. If the City suffers widespread storm damage, the
Inspections Department may extend the time period allowed for removal.
4. The protected tree is to be removed in order to make improvements to property
in accordance with an application for the building permit properly submitted prior
to the effective date of this article and the improvements are to be made in
accordance with such permit issued.
B. Protected trees removed shall be replaced by trees with at least the same total
circumference (inches) of the tree(s) removed. The replacement of removed trees shall
not count toward the number of trees to be planted as required by this ordinance.
II. PERMIT REQUIREMENTS AND PROCEDURES
A. Application required
Any person required to obtain a permit to remove any protected tree shall submit a
completed application to the Planning & Zoning Commission for approval, along with
a site plan, in the form and manner specified by the Planning & Zoning Commission,
containing the following information:
1. Boundaries of the property with acreage listed,
2. Location of any proposed buildings or other improvements for which removal of
protected trees is being requested.
3. The location of the protected tree to be removed.
4. The diameter of the protected tree measured 6" above ground level.
5. The reason removal is necessary.
6. Any other information required by the Inspection department.
7. The approximate crown size of the tree.
8. The species and common name of the tree.
B. Issuance of permits
A permit authorizing removal may include one or more protected trees on any one
property. The application for removal of a protected tree shall only be granted in
accordance with the following:
1. Tree conditions: for the removal of a protected tree which is dying or so severely
diseased or damaged that its restoration to sound condition is not practical; its
disease can be expected to be transmitted to other trees and endanger their health;
it is a hazard to life or property which cannot be reasonably mitigated without
removal; or removal is necessary to insure the survival of other protected trees.
2. Construction, repairs, or improvements on property: Where the application for
removal of a protected tree is requested in order to undertake any construction,
repairs, or make any improvements to any property, the Planning & Zoning
Commission shall consider the application for removal if it determines, after review
of the plans for the proposed repairs, construction, or improvements, that
reasonable efforts have been made to avoid removal of the protected tree. In
making its determination of whether reasonable efforts have been made, the
Planning & Zoning Commission shall consider the following:
a. the feasibility of using alternate repair or construction methods or techniques,
b. the feasibility of rerouting or relocation of sewer, water, electric, gas lines or
equipment, drainage facilities, side walks, driveways, or other utilities, equipment,
or improvements required or needed to serve any building or use located or to
be located on the property or other property, and
c. the additional cost that would be incurred as a consequence of insuring
preservation of the protected tree.
Section 2. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future, to lessen congestion in the streets; to secure safety from
fire, panic, flood and other dangers; to provide adequate light and
air; to prevent over-crowding of land, to avoid undue concentration
of population; to facilitate the adequate provisions of
transportation, water, sewerage, drainage and surface water, parks
and other public requirements, and to make adequate provisions for
the normal business, commercial needs and development of the
community. They have been made with reasonable consideration~
among other things of the character of the district, and its
peculiar suitability for the particular uses and with a view of
conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 3. 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 which are in direct conflict with
the provisions of this ordinance.
Section 4. That the terms and provisions of this ordinance shall
be deemed to be severable and that if the validity of the zoning
affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect
the validity of the zoning of tbe balance of the tract or tracts of
land described herein.
Section 5. 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
($~.00) nor more than One Thousand Dollars ($~,000.00) and a
separate offense shall be deemed committed upon each day during or
on which a Violation occurs or continues.
Section 6. The fact that the present zoning ordinances 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 tbe 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 this 18th day of November ~ 1991.
William W. Manni~
ATTEST:
??~ ." Patt~.~9 Hicks C'MC
'~,~ !t .:" City ~'~,' ~1~ t a r y
~ :, ~-D'~9/~I~VI~I~(~S TO FORM:
C~ty Attornay