HomeMy WebLinkAboutOrdinance No. 05-1611
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ()~ (b I J
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES, BY AMENDING
APPENDIX A, ZONING, BY AMENDING SECTION 10-200; BY
AMENDING THE "SCHEDULE OF USES BY DISTRICT" TABLE IN
SECTION 10-200, IN PART, BY REPLACING "OUTSIDE SALES" WITH
"OCCASIONAL SALES"; PROVIDING A PENAL TY UPON
CONVICTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 10-300 (16) Appendix A, Zoning, provides for occasional sales,
which includes garage sales, patio and estate sales, within the City; and
WHEREAS, Section 10-300 (16) defines these type of sales as "occasional sales" while
Subsection 0 of the table of "Schedule of Uses by District" contained in Section 10-200 refers to
the these type of sales as "outside sales"; and
WHEREAS, the City Council hereby finds that Appendix A, Zoning Ordinance, should
be amended by amending Section 10-200, "Schedule of Uses by District" Table by deleting the
reference to outside sales and replacing the same with occasional sales to create consistency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS;
SECTION 1. The Code of Ordinances of the City of The Colony be, and the same is,
hereby amended by amending Appendix A, Zoning, by amending the table in Section 10-200,
"Schedule of Uses by District" Table by deleting the reference to outside sales and replacing the
same with occasional sales to create consistency, which shall read as follows:
"SECTION 10. USE OF LAND AND BUILDINGS
Type of Use S T M M M M M P 0 0 N S G L H B
F D H I 2 3 4 H D A P I 2 S C R C C I P
0
63 Office, general N N N N N N N N N 1\
.. .
16 Occasional sales 1\ N
SCHEDULE OF USES BY DISTRICT
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"
SECTION 2. The provisions of this Ordinance are severable. However, in the event this
Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or
determined by a judicial, administrative or legislative authority exercising its jurisdiction to be
excessive, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, the
remaining and lawful provisions shall be of full force and effect and the City shall promptly
promulgate new revised provisions in compliance with the authorities decision or enactment.
SECTION 3. All rights and remedies of the City of The Colony, Texas are expressly
saved as to any and all violations of the provisions of any other ordinance affecting development
and land use which have secured at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the court.
SECTION 4. Any person, firm or corporation violating any of the provisions of this
ordinance or the provisions of the Code of Ordinances of the City of The Colony, Texas, as
amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject
to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and
every day such offense shall continue shall be deemed to constitute a separate.
SECTION 5. That all provisions of the Code of Ordinances and the Zoning Ordinance
of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the
same are hereby amended, repealed, and all other provisions of the Code of Ordinances and
Zoning Ordinance of the City not in conflict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
the 6th day of September, 2005.
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ATTEST:
(? A/w,i~ LJ~
Christie Wilson, City Secretary
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