HomeMy WebLinkAboutOrdinance No. 03-1517 CITY OF THE COLONY
ORDINANCE NO. 15 ? 7
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 10-200 OF APPENDIX A,
ENTITLED SCHEDULE OF USES BY DISTRICT; AMENDING
SECTION 10-300 OF APPENDIX A ENTITLED DEFINITIONS
AND EXPLANATIONS APPLICABLE TO USE SCHEDULE;
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, in accordance with law the Planning and Zoning Commission held a
public hearing on November 18, 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 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 the additional defined and permitted uses and
that said defined and permitted uses 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 10-200, APPENDIX A
That Section 10-200 "Schedule of uses by district" of Appendix A, Zoning is
hereby amended as follows:
"(1) Country Club (125) shall be listed as a permitted use in the
Planned Developmcm "PD" and Agriculture "A" zoning districts as
shown in Exhibit 1 attached hereto and incorporated herein as part of this
ordinance.
(2) Golf Course (128) shall be listed as a permitted use in the Planned
Development "PD" and Agriculture "A" zoning districts as shown in
Exhibit 1 attached hereto and incorporated herein as part of this ordinance.
Exhibit 1:
' ' , o ~0 ~ .~ '~
~ ~ ~ ~ ~ ~ ~ ° o S ~
~ o ~ ~ ~ ~ ~ ~ ~ < ~ o z o '- ~ ~ ~
C0u~ Club (125) S S S S S S S S N N N N N N N N N N
G01fC0urse(128) S S S S S S S S N N N N N N N N N N
SECTION 2.
AMEND SECTION 10-300, APPENDIX A
That Section 10-300 entitled "Definitions and explanations applicable to use schedule",
of Appendix A, Zoning is hereby amended as follows:
(125) Country Club: Land area and buildings containing golf courses, recreational
facilities, a clubhouse, and customary accessory uses.
(128) Golf Course: A tract of land laid out with at least nine holes, except for miniature
golf, for playing a game of golf and improved with tees, greens, fairways, and
hazards. A golf course includes a clubhouse, shelters and other accessory uses."
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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 part of Ordinances 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 of this Ordinance.
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, firm or corporation violating any of the provisions of this ordinance
or the Zoning Ordinance, as amended hereby, shall be deemed guilty of a 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 he
deemed to constitute a separate offense.
SECTION 7.
PUBLICATION
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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
This ordinance shall take effect immediately after its passage and publication as
provided by law;
AND IT IS SO ORDAINED.
PASS_.ED AND A~PROVED by the City Council of the City of The Colony, Texas, this
,/~3r7 & day of,/c)-E~.L. 2003
Patti Hicks, City Secretary
APPROVED AS TO FORM
B~y
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