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HomeMy WebLinkAboutOrdinance No. 00-1206 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 AMENDING SUBSECTION 17-107 (B) PROVIDING STANDARDS FOR LIGHTING AROUND PUMP ISLANDS AND UNDER CANOPIES OF SERVICE STATIONS; PROVIDING FOR 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 COMMI'r'rED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony recognizes the need to preserve and enhance the safety, aesthetics and visual character of neighborhoods; and WHEREAS, the City of The Colony is desirous of promoting appropriate lighting while minimizing its undesirable side effects; and WHEREAS, in accordance with law the Planning and Zoning Commission held a public hearing on June 13, 2000, and considered the amendments to Appendix A- Zoning of the City's Code of Ordinances, the same being the City's comprehensive zoning ordinance, to provide standards for external lighting for service stations 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 standards for lighting around pump islands and under canopies of service stations and further finds that such standards 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 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. That Subsection 17-107 (B) (4) of Appendix A- Zoning, of the City's Code of Ordinances is hereby amended to read as follows: {-4-}Areas around the pump islands and under canopies must be illuminated so that the rain!mum avera.qe horizontal illuminance at grade level is o* ',-o--* '~ n ~,.,,-,, _,-.~,.,~,,., ~,.,~ .. ,, r~O m~,-,~ ~.1~,.~,-, ~ ~ more than 25 foot-candles and the maximun horizontal -- illuminance at .qrade level is no more than 35 foot-candles. Section 3. The amendment to the Comprehensive Zoning Ordinance herein made has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 4. Penalty. It is 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 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 adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ,-~'D dayof ~ ,2000. layor Pro-tem City Secretary, City of The Colony, Texas APPROVED AS TO FORM: City At"~to~, '~~ City of The Colony, Texas 3