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HomeMy WebLinkAboutOrdinance No. 08-1763 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1763 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, ZONING, SECTION 10B-700 BY REPEALING SUBSECTIONS (a) AND (c) PROVIDING FOR THE PERMIT AND SET- BACK REQUIREMENTS FOR RESIDENTIAL PLAY EQUIPMENT AND STRUCTURES AND BY RENUMBERING ACCORDINGLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to remove the requirements for a building permit and the three-foot setback from the primary building of residential play equipment and structures from the Code of Ordinance Zoning Provisions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City of The Colony, Texas Code of Ordinances, Appendix A, Zoning, Section lOB-700 by repealing Subsections (a) and (c) providing for the permit and set- back requirements for residential play equipment and structures, and by renumbering accordingly, which shall read as follows: "Sec. 10B-700. Standards for recreational play equipment and playhouses accessory to residential uses. (a) Location.. . . . . (b) Setback from property lines. (g) Utilities limited. " SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 1 TM 28645.76.000 SECTION 3. That the Zoning Ordinance of the City of The Colony, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 4.: That all provisions of the Ordinances 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the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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 16th day of JUNE 2008. ATTEST: c~~ ()J~ C she WIlson, CIty Secretary APPR~STOFORM: . ~~. Robert E. Hager, City ttomey (REH/cgo/cdb 06/20/2008) 2 TM 28645.76.000