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HomeMy WebLinkAboutOrdinance No. 03-1494 CITY OF THE COLONY, TEXAS ORDINANCE NO.~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING APPENDIX "A", ZONING, SECTION 17A, OF THE CITY'S CODE OF ORDINANCES, TO PROHIBIT ANY LANDSCAPING MATERIALS, TREES, SHRUBS, OR OTHER LANDSCAPING FEATURES EXCEEDING TWO FEET IN HEIGHT TO BE LOCATED WITHIN THE CORNER VISIBILITY TRIANGLE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR A NOTICE FOR PROVISION; PROVIDING FOR SAVINGS; 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, it is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of landscaping materials, trees, shrubs, fences, structures or other features located in the comer visibility triangle, within the City of The Colony, Texas; and WHEREAS, it is the intent of the Council of the City of The Colony, Texas that the terms of this ordinance shall be construed so as to promote the protection of community residents from personal injury and property damage, and the protection of the City of The Colony, Texas from property damage, caused or threatened by the improper planting, construction, installation and maintenance of landscaping materials, trees, shrubs, fences, structures or other features located within the comer visibility triangle in the City of The Colony, Texas. 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 Appendix "A," Zoning, Section 17A of the City's Code of Ordinances to prohibit the improper planting, construction, installation and maintenance of landscaping materials, trees, shrubs, fences, structures or other features located within the comer visibility triangle in the City of The Colony, Texas, and that said prohibition will promote the protection of community residents from personal injury and property damage and the protection of the City of The Colony, Texas; Page 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Amendment: That Appendix 'A" Zoning, Subsection 17A-400 of the Code of Ordinances shall be amended to read as follows: "(17A-400) Corner visibility. A. No landscaping materials, trees, shrubs, or other landscaping features shall be placed within thc following triangular areas which obstructs the view of motorists in excess of two feet (2') in height at curb returns, or between the street and thc access drives and parking aisles near the street yard entries and exits, except trees with lower limbs pruned to a minimum height of eight feet (8') above grade: 1. At thc intersection of two (2) artcfial streets or an arterial and collector street, the triangular area formed by thc street fight-of-way lines and a line connecting them at points a minimum of thirty feet (30') from thc intersection of the right- of-way line. 2. At all other street intersections, the triangular area formed by the street right- of-way line and a line connecting them at points twenty-five feet (25') from thc intersection of the fight-of-way lines. 3. At all intersections of streets and alleys, the triangular area formed by the street fight-of-way line and the alley fight-of-way line and a line connecting them at points fifteen feet (15') from the intersection of the right~of-way line. 4. At all intersections of streets and driveways, a ten-foot by thirty-foot triangular area formed by the driveway pavement edge and thc street right-of- way. ' SECTION 2. Severability. If any section, article, paragraph, sentence, clause, plxrase or word in this ordinance, or application thereof to any persons or circumstances 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3. 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 deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2000.00) for each offense. A separate offense shall bc deemed committed each day during or on which a violation occurs or continues. Page 2 SECTION 4. Savings. This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. Publication. The City Secretary of the City of The Colony is hereby directed to publish in one issue of the official newspaper of the City of The Colony, the Caption, Penalty, Notice and Effective Date Clause of this ordinance as required by Section 52.013 of the Texas Local Government Code. SECTION 6. Engrossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this ordinance in the ordinance records of the City. SECTION 7. Effective Date. This ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND,,&PPROVED by the City Council of the City of The Colony, Texas, this the __~1'~-~ day of ,jy/~ v. ,2003. M~yor, City of The Colony, Texas Patti A. Hicks, TRMC, City Secretary City of The Colony, Texas AP~,~O FORM: Page 3