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HomeMy WebLinkAboutOrdinance No. 00-1207 OitI$1NAL CITY OF THE COLONY, TEXAS ORDINANCE NO. DD--/oQO '7 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 PROVIDING A NEW SUBSECTION 17-106.1, REQUIRING A MINIMUM MASONRY CONTENT FOR EXTERIOR WALLS OF BUILDINGS AND STRUCTURES LOCATED IN THE MULTI FAMILY AND NON RESIDENTIAL DISTRICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony desires to promote a high quality of development in multi family and non-residential districts; 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; and WHEREAS, the Planning and Zoning Commission held a public hearing and considered the proposed amendment at its regular meeting held on June 13, 2000, and made recommendations to the City Council to require a minimum masonry content for buildings and structures located in the multi-family and non-residential districts; 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 3. Amendment. That the Comprehensive Zoning Ordinance of the City, Ordinance No. 61, dated June 4,1979, the same being Appendix A-Zoning of the Code of Ordinances of the City, is hereby amended to add a new Subsection 17-106.1 as follows: All exterior walls of primary buildings and structures located in the multi family and non-residential zoning districts shall be a minimum of seventy five (75) percent brick, natural stone, or EIFS (exterior insulation and finishing system), exclusive of doors and windows. Multi family and non-residential districts shall include, Townhouse Dwelling, Multi family 1, Multi family 2, Multi family 3, Multifamily 4, Office 1, Office 2, Neighborhood Service, Shopping Center, General Retail, Light Commercial, Heavy Commercial, Industrial, Business Park and Planned Development Districts designated for multi family and non-residential uses. EIFS construction in accordance with this Section shall comply with the following requirements: (1) The construction shall be in accordance with ICBO (A subsidiary corporation of the International Conference of Building Officials) Evaluation Report and shall incorporate external drainage. (2) The builder, contractor or installer shall be certified by the EIFS Manufacturers Association. Section 4. 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 5. 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 6. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVF_fl~y the City Council of the City Colony, Texas this the ~'~ 2> day of~ ~ t~ ...- _ ~.. ATTE: ~a-y°~ P~°-te~rn -~ .... City Secretary, City of The Colony, Texas APPROVED AS TO FORM: City ^tto agy, City of The Colony, Texas