HomeMy WebLinkAboutOrdinance No. 09-1835
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1835
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING APPENDIX A, ZONING, OF THE CODE OF ORDINANCES
BY AMENDING SECTION 20, NONCONFORMING USES AND
STRUCTURES, BY ADDING SECTION 20-200, RIGHT-OF-WAY
ACQUISITION BY GOVERNMENTAL AGENCY, TO PROVIDE FOR AN
EXEMPTION FROM AN ORDINANCE OR REGULATION WHERE
VIOLATION OF SAID ORDINANCE OR REGULATION IS CAUSED BY
ACQUISITION OF RIGHT-OF-WAY BY A GOVERNMENTAL
AGENCY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THAT:
SECTION 1. Chapter 6 of the City of The Colony's Code of Ordinances be, and the
same is, hereby amended by amending Appendix A, Zoning, of the Code of Ordinances by
amending Section 20, Nonconforming Uses and Structures, by adding Section 20-200, Right-of-
Way Acquisition by Governmental Agency, to provide for an exemption from an ordinance or
regulation where violation of said ordinance or regulation is caused by acquisition of right-of-
way by a governmental agency, which shall read as follows:
"APPENDIX A
ZONING
SECTION 20. NONCONFORMING USES AND STRUCTURES
20-200. RIGHT-OF-WAY ACQUISITION BY GOVERNMENTAL AGENCY
(20-201) Definitions. As used in this section, the following terms shall have
the respective meanings ascribed to them:
Governmental agency shall mean the United States of America, State
of Texas, County of Denton, the City of The Colony, or any other
governmental agency with the ability to exercise eminent domain powers.
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Right-of-way acquisition shall mean the securing of right-of-way
through negotiation, purchase, bargain, trade, donation, condemnation, or
other means by use or threat of eminent domain, but not including the
dedication of right-of-way through platting or zoning processes.
Damages to the remainder shall mean the diminution or reduction of
value of the remainder property suffered as a result of the acquisition of a
portion of property for a public purpose.
(20-202) Exemption permitted. In the event a right-of-way acquisition by a
governmental agency causes a property or its existing improvements to be
in violation of a City zoning ordinance, subdivision rule, or other land use
regulation or ordinance, the property shall be exempt from the provision to
the extent the violation is caused by the right-of-way acquisition, subject
to the following:
(A) Zoning Change.
(1) The exemption shall not apply to a property that undergoes a
zoning change initiated by the property owner subsequent to
the right-of-way acquisition; instead, the property shall have a
non-conforming status to the extent that any nonconformance
with city ordinances resulted from a right-of-way acquisition
by a governmental agency prior to the rezoning, and shall be
treated as a nonconforming use or structure pursuant to the
city's comprehensive zoning ordinance.
(2) A zoning change initiated by the city shall not cause a property
to lose the exemption provided by this section for property
affected by right-of-way acquisitions.
(B) Safety Hazard. Nothing in this provision shall be construed to
permit any site element to create a traffic safety hazard or another
life safety hazard.
(C) Compensation for noncompliance.
(1) The exemption shall not apply to property if the right-of-way
acquisition renders the remainder of the property unusable, and
the governmental agency compensates the property owner for
the damage to the remainder. Where such compensation is
provided, the property owner is responsible for any curative
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measures necessary to bring the property in compliance with
city codes, ordinances, and regulations.
(2) The exemption shall not apply to the property if the
governmental agency offered compensation to the property
owner for demolition, removal, relocation, or replacement of
improvements or other measures curative of the violation of city
codes or ordinances caused by the right-of-way acquisition.
(3) For property ineligible for an exemption under this subsection
(C), the planning director is authorized to:
a. Provide notice to any affected property owner, lien holder,
and/or certificate of occupancy holder, listing any items of
noncompliance; and
b. File an affidavit in the Denton County Deed Records noting
the item(s) of noncompliance, advising that compensation
was paid for such noncompliance, and that a certificate of
occupancy shall not issue until such noncompliance is cured.
Once the property and its improvements are brought into full
compliance with all applicable ordinances of the city, the
planning director shall file an affidavit in the Denton County
Deed Records noting such compliance.
(4) If a property is ineligible for an exemption under this subsection
(C), the building official is authorized to revoke a certificate of
occupancy of any building or structure for noncompliance with
a code, ordinance, or regulation.
(5) The building standards commission is authorized to issue an
order of demolition a minimum of 90 days after the certificate
of occupancy has been revoked for any building or structure on
property ineligible for an exemption under subsection (C)(1).
(20-203) Effective Date. The provisions of this section shall apply to any
property acquired by eminent domain after January 1, 2009."
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
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portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3. 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 3rd day of November, 2009.
~ G
J McCou ,Mayor
ATTES
Christie Wilson, City Secretary r
rf' r F.
APPROV AS TO FORM:
f
Robert Hager, City orneyz~
(REH/KL/ev/cdb)
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