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HomeMy WebLinkAboutOrdinance No. 09-1839 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1839 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, ZONING, SECTION 10B, REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES, 1011-100, GENERAL PROVISIONS AND STANDARDS - ALL ACCESSORY USES, BY ADDING SUBSECTION (E)(10) TO PROVIDE A DEFINITION FOR MUNICIPAL ACCESSORY STRUCTURES; BY AMENDING SECTION 1011-200, BY NUMBERING THE TABLE OF PERMITTED ACCESSORY USES AS SUBSECTION (a); AND, BY PROVIDING FOR MUNICIPAL ACCESSORY STRUCTURES IN SAID TABLE; AND BY ADDING SUBSECTION (B), MUNICIPAL ACCESSORY STRUCTURES; 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, be, and the same is hereby amended by amending Appendix A, Zoning, Section 1013-100, REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES, 1013-100, General provisions and standards - All accessory uses, by adding subsection (e)(10) to provide a definition for Municipal Accessory Structures, by amending Section 1013-200, by numbering the Table of permitted accessory uses as subsection (a), by providing for municipal accessory structures in said table, and by adding subsection (b), Municipal Accessory Structures, which shall read as follows: "SECTION 10B. REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES 1011-100. General provisions and standards - All accessory uses. (e Page 1 TM 40813.76.120409 (10) Municipal accessory structure shall mean a municipal owned structure separate from the primary structure that is used for municipal operations including but not limited to structures to provide shade, ancillary storage, activity space, and similar uses. 1OB-200. Table of permitted accessory uses. (a)..... Table 1.1 Table of Accessory Uses P = Permitted Uses NP = Not Permitted Use See Additional Regulations pecified (apply in all ceessory ti e4 M v~ districts unless 04 a ~-q otherwise stated) 'se v, p. o o Z Zn ether accessory uses as ,termined by the Director C Development Services funicipal Accessory P P P P P P P P P P P P P P P P tructure funicipal Complex (d) Municipal Accessory Structure. The provision of this Section shall apply to a municipal accessory structure. Upon the submission of a detailed site plan for a municipal accessory structure as defined herein, the City Manager may approve the site plan, except that if strict application thereof would impair the public health, safety and welfare as determined by the City Manager or designee. In the event that approval is not provided by the City Manager, the City Council may find that placement of such structure protects the health, safety and welfare of the community and approve with or without conditions. 1OB-300. Page 2 TM 40813.76.120409 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. 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 15th day of December, 2009. APPROVED: J e McCou , Mayor ATTE : Christie Wilson, City Secretary t. APPROV AS TO FORM: Robert E. Hager, Ci ttorney (REH/cdb) Page 3 TM 40813.76.120409