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HomeMy WebLinkAboutOrdinance No. 627 CITY OF THE COLONY, TEXAS ORDINANCE NO. 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 170-104 RELATING TO LANDSCAPING REQUIREMENTS;REQUIRING LANDSCAPING PLANS IN THE TOWNHOME (TH), MULTI-FAMILY (MF) 1, 2, AND 4, PLANNED DEVELOPMENT (PD), PARKING (P), OFFICE 1 (O1), OFFICE 2 (02), NEIGHBORHOOD SERVICES (NS), SHOPPING CENTER (SC), GENERAL RETAIL (GR), LIGHT COMMERCIAL (LC), HEAVY COMMERCIAL (HC), INDUSTRIAL (I) AND BUSINESS PARK (BP) DISTRICTS; 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 Corrtmission 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 to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council finds and determines that the granting of such change in the zoning districts 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 ~s hereby amended and changed in that the Section 17-104 of Appendix A- Zoning shall be amended to read as follows: "In all Townhome (TH), Multi-Family (MF) 1, 2, 3, 4, Planned Development (PD), Parking (p), Office 1 (O1), Office 2 (02), Neighborhood Services (NS), Shopping Center (SC), General Retail (GR), Light Commercial (LC), Heavy Commercial (HC), Industrial (I) and Business Park (BP) Districts, all yard setbacks, parking areas, service and recreational areas shall be landscaped with lawns, trees, shrubs, and other plant materials and shall be permanently maintained in a neat and orderly manner." ....... 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 corrrnunity. 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 the 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 ($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 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 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 this 15th day of January , 1990. R'ck Harris, Mayor Pro-te~'- ATTEST: att~ A. H~cks, Gl y Secretary APPROVED AS TO FORM: $ohn Boyle. City Attorney