HomeMy WebLinkAboutOrdinance No. 97-989 ORIGINAL
CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY,
THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY, BY AMENDING SECTION 10-200(SCHEDULE OF USES)
THEREOF BY ADDING A REGISTERED FAMILY HOME, A GROUP DAY
CARE HOME, AND A LISTED FAMILY HOME AS PERMITTED USES IN
THE SINGLE FAMILY, DUPLEX AND TOWN HOME ZONING
DISTRICTS AND PROHIBITING SUCH USES IN ALL OTHER ZONING
DISTRICTS; AMENDING SECTION 10-300 OF THE SAID APPENDIX A-
ZONING BY ADDING DEFINITIONS OF REGISTERED FAMILY HOME
AND GROUP DAY CARE HOME; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
Section 1. Amendment. Appendix A-Zoning, the same being the Comprehensive
Zoning Ordinance of the City of The Colony, Texas (the "City"), of the Code of Ordinances
of the City is hereby amended in the following particulars, and all other chapters, sections,
subsections, paragraphs, sentences, phrases and words of the said Code of Ordinances are
not amended by are hereby ratified, verified, approved and affirmed:
A. Section 10-200, Schedule of Uses, is hereby amended by adding Registered
Family Home, Group Day Care and Listed Family Home to the Schedule of Uses to read
as follows:
Type of Use S T M M M M M P O O N S G L H B
F D H ! 2 3 4 HDA P 1 2 S C R C C I P
R N N N N N N N N N N N N N N N N
202 Registered
Family Home, and
Group Day Care
Home
203 Listed Family N N N N N N!N N N N N
Home
Registered Family Home and Listed Family Home shall be placed in the Schedule
of Uses in the Appropriate alphabetical order.
B. Section 10-300. Definitions and explanations applicable to use schedule, is
hereby amended by mending paragraph 10-201 (33) (day care or day nursery center) and
by adding new paragraph 10-301 (202) registered family home, group day care and 10-301
(203) listed family home) to read as follows:
*(33) Day nursery or day care center: A child-care facility that
provides care for more than 12 children under 14 years of age
for less than 24 hours a day. For purposes of this definition,
the term 'child-care facility' shall have the same meaning as
provided in Section 42.002, Texas Human Resources Code, as
they same may be amended or superseded from time to time.
*(202) Registered family home: A home that provides
regular care in the caretaker's own residence for
not more than six (6) children under fourteen
(14) years of age, excluding children who are not
related to the caretaker, and that provides care
after school hours for not more than six (6)
additional elementary school children, but the
total number of children including who are
related to the caretaker, does not exceed twelve
(12) at any given time. The term does not
include a home that provides care exclusively for
any number of children who are related to the
caretaker. For purposes of this definition and of
listed family home, 'children who are related to
the caretaker' means children who are the
children, grandchildren, siblings, great-
grandchildren, nieces, or nephews of the
caretaker, whether by affinity or consanguinity or
as the result of a relationship created by court
decree.
Group day care home: A child-care facility that
provides care for seven (7) to twelve (12)
children under fourteen (14) years of age for less
than 24 hours a day. For purposes of this
definition, the term 'child-care facility' shall nave
the same meaning as provided in Section 42.002,
Texas Human Resources Code, as the same may
be amended or superseded from time to time.
(203) Listed faming home: A home that provides child
care for compensation for three (3) or fewer
children, excluding children who are related to
the caretaker, for at least four (4) hours a day,
three (3) or more days a week, for more than
nine (9) consecutive weeks in the caretaker's own
residence and that is required to listed with the
State.
Section 2. Savings This ordinance shall be cumulative of ail other ordinances of
the City affecting zoning and child care services and shall not repeal any of the revisions of
those ordinances except in those instances where the provision of those ordinances are in
direct conflict with the provisions of this Ordinance.
Section 3. Severabili_ty. 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
invaiid 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 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 4. Effective date. This Ordinance shail become effective from and after
its date of adoption as provided by law.
PASSED AND APPROVED this 4~h day of August ~ 1997.
Mary[Blair 0~Vatts. Mayor
ATfEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
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