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HomeMy WebLinkAboutOrdinance No. 739 CITY OF THE COLONY, TEXAS O iN CE No. 7- q 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 BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10-200, SCHEDULE OF USES, SECTION 10-300, DEFINITIONS, SECTION 10-2206 AND 10-2207 RELATING TO DISTANCES; 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 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 WHEREAS, the Planning and Zoning Commission 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 of hearing; and WHEREAS, the City Council finds and determines that the granting of such change 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 Section 10 of 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 Cit of The Colony, Texas, !the Comprehensive Zomng Ordanance ), be and the same is hereby amended and changed an the following particulars: A. Section 10-200 Schedule of Uses 55.a Private Club, eating place with beer, wine, or liquor. 55.b Private Club, with bar service. B. Section 10-300 Definitions 55.a Private Club ~ eating place with beer, wine, or liquor: A group of people associated or formally organized for a common purpose, interest or pleasure, other than a bar, lounge or tavern, where the primary activity is the sale and service of food, where the sale of beer, wine and liquor is incidental to the serving of food, none of which are available except to members or their guests. 55.b Private Club - with bar service: A group of people associated or formally organized for a common purpose, interest or pleasure, in an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors, and where food service, if any, is secondary to the sale of beer, wine and other liquors; none of which are available except to members or their guests. It shall be presumed that an establishment is a bar, lounge, or tavern where 75% or more of the establishment's gross receipts is derived from the on-premise sale of alcoholic beverages. C. Section 10-2200 Sale of Alcoholic Beverages Section 10-2206 It shall be unlawful for any person who operates a beverage store, bar, lounge or tavern, or nrivate club with bar service to sell alcoholic beverages where the said beverage store, bar, lounge, or tavern, or rive club with b r service is within 300 feet of any ~ day care center or private school. Section 10-2207 It shall be unlawful for any beverage store, bar, lounge, or tavern, or private club with bar service to be constructed erected or placed closer than 1000 feet to another beverage store bar. lounee or tavern, or private club with ba, .service. Section 2. That the City Manager of the City is hereby directed to correct the official zoning maps of the City to reflect the change in zoning granted herein. Section 3. That the zoning regulations 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 4. 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 ~nstances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 5. If any section, article paragraph, sentence, clause, phrase or word in his ordinance, or application thereto any persons 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 this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. 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 shall be deemed committed upon each day during or on which a violation occurs or continues. Section 7. 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 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 a~rdingl~t0 ordained. PASSED AND APPROVED this ]_~ day of P~-- , 1992. William W. Manning, Mayor ~ ATTEST: Patti A. Hicks, City Secretary [SEA~) APPROVED AS TO FORM" City Attorney