HomeMy WebLinkAboutOrdinance No. 04-1553 CITY OF THE COLONY, TEXAS
ORDINANCE NO. C) k~ ~ I~
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 AMENDING SECTION 10-
200 TO PROVIDE FOR "MOBILE FOOD VENDORS"; BY AMENDING
SECTION 10-300 TO ADD A DEFINITION FOR "MOBILE FOOD
VENDOR"; AND BY ADDING SECTION 10-1350 TO PROVIDE
REGULATIONS FOR "MOBILE FOOD VENDORS"; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of The Colony desires to regulate the location and operation of
mobile food vendors with in the City; and
WHEREAS, the City of The Colony wishes to amend the comprehensive zoning
ordinance of the City, the same being Appendix A-Zoning of the Code of Ordinances, as
amended; to provide regulations for the location and operations of mobile food vendors; and
WHEREAS, the Planning and Zoning Commission held a public hearing and considered
the proposed amendment at its regular meeting and made a recommendation the City Council to
approve regulations for the location and operation of mobile food vendors; and
WHEREAS, all legal notices, requirements and conditions having been complied with
regard to the amendment of the Zoning ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT TO APPENDIX "A"
That Appendix "A" to the Code of Ordinances, The Colony's Comprehensive Zoning
Ordinance, be, and the same is, hereby amended by amending Section 10-200, "Schedule of
Uses" to provide for Mobile Food Vendor use; by amending Section 10-300 to add item number
137 providing a definition for Mobile Food Vendor; and by adding Section 10-1350 to provide
regulations for Mobile Food Vendors, as follows:
"10-200. Schedule of uses.
'--- .~- .~- , , E .- ' .....
type of Use ~ ~ o~ >, ~ >. >. o E ~ ~ 8 8 .~ ~ o o ~
Mobile Food Vendor N N N N N N N N N N N N
10-300. Definitions and explanations applicable to use schedule.
(204) Mobile Food Vendor: Any person or persons who operates or sells food from a
stationery cart, or trailer mounted on chasis, but without an engine for a period of 15
days or greater per year. Mobile food vendors who operate for 14 days or less shall
be considered temporary food service establishments, as defined by The Colony Code
of Ordinances as it exists or as amended from time to time.
10-1350. Mobile Food Vendor
Mobile food vendors are subject to the following regulations:
(a) Mobile food vendors are permitted in the Neighborhood Service, "NS", Shopping
Center "SC", General Retail "GR", Light Commercial "LC", Heavy Commercial "HC",
Industrial 'T', Business Park "BP", and Planned Development District "PD" for
commercial and retail uses.
(b) Mobile food vendors shall be located on private property where an existing, permanent
business operates in a building ~vith a certificate of occupancy;
(c) Mobile food vendors shall provide the City with a copy of written permission from the
property owner on an annual basis to allow the operation of a mobile vendor and to
allow the mobile vendor and their customer's access to a commercially plumbed public
restroom on-site;
(d) A mobile food vendor shall submit a site plan depicting the location of the mobile food
vendor on the property, shall secure a health permit from the Health Department, and a
permit from the Building Inspections Department prior to the operation of such use;
(e) Temporary connections to potable water are prohibited. Water shall be from an internal
tank, and electricity shall be from a generator or an electrical outlet via a portable cord
that is in conformance with the Electrical Codes as adopted by the City of The Colony;
(f) Mobile food vendors shall be located within 100 feet of an entrance of a primary
building that holds the Certificate of Occupancy;
(g) Mobile food vendors shall be setback a minimum of 100 feet from major thoroughfares,
as designated on the City's Thoroughfare Plan;
(h) Mobile food vendors may operate only during the business hours of the primary
business on the property;
(j) A drive through is not permitted in conjunction with the mobile food vendor;
(k) Mobile food vendors shall not operate in parking spaces, driveways, fire lanes or public
roads;
(1) Sales of food from a stationary vehicle excludes catering trucks; and
(m) Mobile food vendors are prohibited in a temporary building.
SECTION 3.
SAVINGS CLAUSE
That the Code of Ordinances of the City of The Colony, as amended shall remain in full
rome and effect, save and except as amended by this ordinance.
SECTION 4.
SEVERABILITY CLAUSE.
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 5.
PENALTY.
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law.
PASSED AND APPROVED by the City Council of the City Colony, Texas this the 19th day of
April, 2O04.
APPROVED:
/J~hn Dillard, M/tyor
~ils~, ~ity Secr~ary
APP~~~O~:
Rob~ff ~. H~ty Attorney