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HomeMy WebLinkAboutOrdinance No. 99-1140 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX A- ZONING, OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW SECTION 10A AND PROVIDING A POLICY FOR ESTABLISHING OVERLAY ZONING DISTRICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony recognizes the need to enhance and preserve the aesthetics and visual character, manage traffic congestion and to promote identity and a "sense of place" in specific areas of the City; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 24, 1999, and considered amendments to the comprehensive zoning ordinance to provide for the establishment of overlay zoning districts to assist in the accomplishment of this goal and made a recommendation to the City Council; and WHEREAS, the City Council of the City of The Colony finds that it is in the public interest to amend the comprehensive zoning ordinance to provide for the establishment of overlay zoning district and further finds that such districts will promote the 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 I. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part thereof for all purposes, Section I1. Amendment. That Appendix A-Zoning of the City's Code of Ordinances is hereby amended by adding a new Section IOA to read as follows: "SECTION IOA, OVERLAY DISTRICT REGULATIONS IOA-100. Purpose. The general purpose of an overlay district is to promote a unique design, development concept or specific area plan or policy in a defined area or neighborhood. An overlay district may be established for any one or more of the following purposes: (1) Protect, enhance and perpetuate important elements of the city's or state's architectural, archaeological, cultural, social economic, ethnic or political history, and to develop appropriate settings for such places, (2) Safeguard historic or cultural heritage, (3) Stabilize and improve property values. (4) Foster civic pride in the beauty and accomplishments of the past. (5) Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. (6) Strengthen economy. (7) Promote planning and development activities to conserve natural resources, accomplish a unique design concept, strengthen and diversify the local economy and to implement the Comprehensive Plan. 1OA-200. An overlay district is subject to the use regulations of the underlying zoning district, and subject to all other regulations of the underlying district, except as otherwise provided in the specific overlay district regulations. 1OA-300. Except for the use regulations, an ordinance establishing an overlay district may alter the underlying district regulations, or provide additional standards and regulations. 1OA-400. Overlay zoning district regulations may include, but are not limited to: (1) development standards; (2) density; (3) intensity; (4) landscaping; (5) architectural guidelines, where appropriate; (6) layout and design; and (7) the provision of public services and infrastructures intended to protect a specific area or neighborhood, or enhance or promote physical development in the interest of the health, safety, morals or general welfare of residents or the public." Section III. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section IV. Effective date. This Ordinance shall become effective from and after its adoption and publication as provided by law. PASSED ~.D APPROVED by the City Council of the City of The Colony, Texas this the ~-~day of .~E ~'T- 1999 William W. Manning, Mayor ~ ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: