HomeMy WebLinkAboutOrdinance No. 01-1321 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 01-1321
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 SUBSECTION 10B-600 PROVIDING FOR A
DEFINITION OF MASONRY MATERIAL FOR EXTERIOR
WALLS IN THE GATEWAY OVERLAY DISTRICT "GWY"
ZONING CLASSIFICATION; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY UPON CONVICTION IN AN
AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000) 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 Gateway Overlay District "GWY" zoning classification is intended to
promote and enhance the aesthetics and visual character and to promote a high
quality of development along the S.H. 121 corridor; and
WHEREAS, the City Council approved Ordinance # 99-1149 dated October 4,
1999, adopting the "GWY" District regulations for the development of property along
the S.H. 121 Corridor; and
WHEREAS, The City of the Colony wishes to clarify the definition of 'masonry
materials' to be used for external walls of development along the SH 121 corridor;
and
WHEREAS, in accordance with law, the Planning and Zoning Commission held a
public hearing on September 25, 2001, and considered the proposed amendment
to include a definition of Masonry materials for external walls, and made a
recommendation to the City Council; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the evidence, information and other materials
submitted and received at the public hearing and in connection therewith, 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 a definition of'masonry materials' to
be used for external walls in the Gateway Overlay Zoning District and further finds
that such a definition 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 hereof
for all purposes.
Section I1. Amendment. That Subsection 10B-600. A. 1. of Appendix A-Zoning,
of the City's Code of Ordinances is hereby amended to add the
following definition for masonry materials as follows:
A. Exterior Walls
1. Masonry materials must constitute a minimum of one hundred
(100) percent of each exterior wall area excluding doors,
windows or window walls. Masonry materials for the
purposes of this subsection shall include brick, stone,
rock, concrete, concrete block, EIFS or stucco, marble and
glass block. Building materials that are made of various
'cementitious mixtures' including but not limited to
fibercement lap siding, are not considered as masonry
materials for the purposes of this subsection. When
concrete or concrete block is used as an external fa~:ade, it
will be textured and painted.
Section III. 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 ($2000.00), and a separate offense
shall be deemed committed each day during or on which a violation
occurs or continues.
Section IV. 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 V. Effective date. This Ordinance shall become effective from and
after its adoption and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this the /,.¢"r__z day of ~,',z'~_z~,.,, ,2001
Bernetta-Henville Shannon,
Mayor, City of The Colony.
A'FFEST:
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Patti Hicks, City Secretary
City of The Colony, Texas
APPROVED AS TO FORM:
.~rrd~n-Hikel, Cit~ Atto'rney,
City of The Colony, Texas