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HomeMy WebLinkAboutOrdinance No. 06-1634 CITY OF THE COLONY, TEXAS ORDINANCE NO. tJ{,- /~31f 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, TO ALLOW FOR FARMING OR RANCHING IN THE AGRICULTURAL DISTRICT; AND BY AMENDING SECTION 10-300(70) TO AMEND THE DEFINITION OF FARM OR RANCH TO CREATE CONSISTENCY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has made a recommendation to the City Council to amend the Schedule of Uses by District table in Section 10-200 of the Zoning Ordinance to allow for farming or ranching in agricultural zoning districts, and to amend the definition of "farm or ranch" in Section 10-300(70) to create consistency; and WHEREAS, after consideration and discussion, the City Council hereby finds that Appendix A, Zoning Ordinance, should be amended by amending Section 10-200, "Schedule of Uses by District" table to allow for farming or ranching in agricultural zoning districts, and to amend the definition of "farm or ranch" in Section 10-300(70) 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 to allow for farming or ranching in agricultural zoning districts, and to amend the definition of "farm or ranch" in Section 10-300(70) to create consistency, which shall read as follows: "SECTION 10. USE OF LAND AND BUILDINGS 10-200 Schedule of uses. SCHEDULE OF USES BY DISTRICT Type of Use S T M M M M P 0 0 N S G L H B F D H 1 2 3 H D A P 1 2 S C R C C 1 P A ..... F 70 Farm or ranch N ..... 10-300. Definitions and explanations applicable to use schedule. (70) Farm or ranch: An area of five (5) acres or more which is used for growing of usual farm products - - vegetables, fruits, trees, and grain; for the raising thereon of the usual farm livestock including cattle and horses; and/or for a private stable, pen, barn, shed or silo for raising, treating and storing products raised on the premises but not including any type of agriculture or husbandry specifically prohibited by ordinance or law, and not including a dwelling unit. Livestock shall be maintained according to the ratios in the table below or in accordance with Chapter 5 of The Colony Code of Ordinances. Cattle Horses Improved Pasture 1 head per 2 acres 1 head per 4 acres Unimproved Pasture 1 head per 4 acres 1 head per 8 acres Improved pasture land is land that is used for cultivation of crops and is maintained. Unimproved pasture land is not used for cultivation of crops and is not maintained. " 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. Page 2 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. PilED AND A day of ROVED by the City Council of the City of The Colony, Texas, this the ,2006. ATTEST: ~JLL Ll)~~ stie Wilson, City Secretary ~""'t.,. 0.. '['''1;':',:0", l' " '/-.-_."(. ~f-....J.. . ....'/ ~~\ (J'/"~, .' - ~,::" ~ liJ . j\ '( " " ~~: SE~tl~ j Page 3