HomeMy WebLinkAboutOrdinance No. 03-1495 CITY OF THE COLONY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED,
AMENDING SECTION 10-300 TO ADD A DEFINITION FOR
TEMPORARY BUILDING, PROVIDING A NEW SECTION 10-1300A,
ENTITLED TEMPORARY BUILDINGS; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR
SAVINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) PER DAY FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, located in Denton County, Texas, is a Home Rule
municipality possessing the full power of local self-government as provided by Article XI,
Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local
Government Code and its Home Rule Charter; and
WHEREAS, the City Council of the City of The Colony, Texas, is empowered under
The Texas Local Government Code, Section 51.001 to adopt an ordinance or rule that is for the
good government of the City; and
WHEREAS, the City Council of the City of The Colony acknowledges that it is
necessary for schools and churches to install and use temporary buildings; and
WHEREAS, in accordance with law the Planning and Zoning Commission held a public
hearing on September 23, 2003, and considered the amendments to Appendix A, Zoning of the
City's Code of Ordinances, the same being the City's comprehensive zoning ordinance; and
WHEREAS, after due deliberations and consideration of the reconunendation 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 temporary buildings and that said temporary buildings will promote the health,
safety, and general welfare of the City;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1.
AMEND SECTION 10-300~ APPENDIX "A"
That Section 10-300 "Definitions and explanations applicable to use schedule" of
Appendix A, Zoning is hereby amended to add:
"(204) ~ Buildings: Any nonresidential, pre-manufactured
structure which is not originally manufactured or constructed at its use
site, requires no on-site installation of utilities (except for electric), and/or
foundation and is permitted on its use site for a limited time period as
approved."
SECTION 2.
ADD A NEW SECTION 10-1300A
That a new Section 10-1300A "Temporary Buildings" is hereby added to Appendix A,
Zoning as follows:
"10-1300A. Temporary buildings
(1) Development Standards for Temporary Buildings.
The Lewisville Independent School District, private schools and churches
may locate temporary buildings on property for a period of three years
with annual extensions thereafter as herein provided, in accordance with
the following standards:
(a) Site plans and building plans including building elevations shall
be submitted for consideration and approval of the City's
Development Review Committee (DRC). The Building Official
shall issue a permit after reviewing the building plans for
compliance with applicable codes.
(b) The maximum size of a temporary building under this
subsection is limited to 1800 square feet.
(c) A church or private school is limited to no more than two (2)
temporary buildings on a platted lot or tract.
(d) Must have a primary structure existing on the platted lot or tract, or the
construction of a primary structure has commenced.
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(e) All temporary buildings must be screened from a public right of
way and adjacent single-family homes. Screening may be
comprised of evergreen shrubs, trees and fencing where
appropriate, as determined by the Development Review
Committee.
(t) All temporary buildings must be constructed in accordance with
state and federal codes, which applies to their construction or meet
all requirements of the City's building codes.
(g) Prior to the expiration of the temporary period including any
extensions, the temporary building must be removed.
(2) Extension of temporary period
Prior to the expiration of the original three-year period or any subsequent
extension period, a written request shall be filed by the owner with the
Planning and Zoning Commission for consideration of a one-year
extension. The request shall provide reasons for the extension and provide
a schedule for the removal of the temporary building(s) and/or plans for
the development of permanent buildings on the site. The request and the
recommendation of the Commission shall be forwarded to the City
Council for final approval."
SECTION 3.
REPEALER
That this ordinance shall be cumulative of all other ordinances and shall not repeal any of
the provisions of such ordinances, except for those instances where there are direct conflicts with
the provisions of this ordinance. That all ordinances of the City, or parts thereof, that are in
conflict with the provisions of this ordinance, are hereby repealed to the extent that they are
inconsistent with this ordinance. All other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
The repeal of any ordinance or a part of any ordinance effectuated by the enactment of
this ordinance shall not be construed as abandoning any action now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or
to accrue, or as affecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage o£this ordinance.
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SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase 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 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.
PENALTY
Any person, organization, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty
ora misdemeanor and, upon conviction in the Municipal Court of the City of The Colony, Texas,
shall be punished by a fine not to exceed the sum of two thousand dollars'($2,000.00) per day for
each offense, and each and every day any such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 7.
PUBLICATION
The City Secretary of the City of the Colony is hereby directed to publish the Caption,
Penalty Clause, and Effective Date Clause of this ordinance as required by law.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of The Colony is hereby directed to engross and enroll this
ordinance by copying the exaction Caption and Effective Date Clause in the official minutes of
the City Council of the City of The Colony, and by filing this ordinance in the ordinance records
of the City.
SECTION 9.
EFFECTIVE DATE
by law.This ordinance shall take effect immediately after its passage and publication as provided
AND IT IS SO ORDAINED.
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PASSED ~ APPROVED by the City Council of the City of The Colony, Texas, this
~/d~/9 day of ,tV g)l/~, 2003.
APPROVED: .. ~
t~]ayor, City of Tfi~e C~)13n-y
Patti A. Hicks, T~C, City Secretly
City of The Colony, Texas
TO FO~
B ob-Ha[e~y Attorney
City of ~Colony, Texas
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