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HomeMy WebLinkAboutOrdinance No. 821 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 821 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 17, RELATING TO LANDSCAPE REQUIREMENTS; AMENDING SECTION 104 RELATING TO APPLICATION OF ARTICLE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMM1TFED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council finds and determines that the granting of such change in the classification of the zoning district 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 17 shall be amended in the following manner: "Section 17-104(A) Application of Article. (2) 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 ordinance, except as defined in Section VII 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 ~nstances 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 Two Thousand Dollars ($2000.00) 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 i . ' nhab~tants 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 13th day of September , 1993. William W. Manning, Mayor ~ ATFEST: Patti A. Hicks, TRMC/CMC/AAE, City Secretary [SEAL) APPROVED AS TO FORM: City Attorney