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HomeMy WebLinkAboutOrdinance No. 09-1820 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1820 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, ZONING, SECTION 10, USE OF LAND AND BUILDINGS, BY AMENDING THE SCHEDULE OF LAND USE CHART TO PROVIDE FOR SEXUALLY ORIENTED BUSINESSES AS A PERMITTED USE IN THE INDUSTRIAL ZONING DISTRICT; AND BY AMENDING SECTION 25, DEFINITIONS, TO ADD A DEFINITION FOR SEXUALLY ORIENTED BUSINESS ALPHABETICALLY AND RENUMBERING ACCORDINGLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 10, USE OF LAND AND BUILDINGS, by amending the Schedule of Land Use Chart to provide for sexually oriented businesses as a permitted use in the industrial zoning district, which shall read as follows: "SECTION 10. USE OF LAND AND BUILDINGS 10-100...... SCHEDULE OF USES BY DISTRICT S-Specific Use Permit, N-Not Permitted, Black Space-Permitted S T M M M M M P O O N S G L H B Type oUse F D H 1 2 3 4 H D A P 1 2 S C R C C I P S Sewage Treatment Plant N N N N N N N N S N N N N N N N S S N Sexually Oriented Businesses N N N N N N N N N N N N N N N N N N N Shoe Repair N N N N N N N N N N S S N Page 1 TM 38088.76.000 (10-216) SECTION 2. That the City of The Colony, Texas Code of Ordinances, Appendix A, Zoning, Section 25, Definitions, be, and the same is hereby amended by adding a definition for sexually oriented business alphabetically and renumbering accordingly, which shall read as follows: "SECTION 25. DEFINITIONS 25-100. Certain words in this ordinance are defined as follows: (41) Rooming house:.. . (42) Sexually Oriented Business: An inclusive term used to describe collectively the following businesses: adult arcade, sexually oriented media store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, escort agency, sex shop, nude model studio, or sexual encounter center. (43) Sign: (55) Zoning district map: SECTION 3. 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. SECTION 4. 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 5_ 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 6. This Ordinance shall become effective from and after its date of passage in accordance with law. Page 2 TM 38088.76.000 i PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20th day of July, 2009. APPROVED: J e McCo Mayor ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: .v _ nm4' Ro ert . Ha er, 'ty Attorney' ! (REH/edb 07/13/2009) a - Page 3 TM 38088.76.000