HomeMy WebLinkAboutOrdinance No. 2010-1872
CITY OF THE COLONY, TEXAS
ORDINANCE NO.2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION 10-100, BY ADDING A SNOW CONE
ESTABLISHMENT USE TO THE USE CHART OF THE
COMPREHENSIVE ZONING CODE; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SECTION 10-300, BY ADDING A NEW
DEFINITION OF "SNOW CONE ESTABLISHMENT (SEASONAL)" TO
THE DEFINITIONS OF THE COMPREHENSIVE ZONING CODE;
AMENDING THE CODE OF ORDINANCES, APPENDIX A, BY ADDING
A NEW SECTION 10-1360, ENTITLED "SNOW CONE
ESTABLISHMENTS (SEASONAL)" TO THE COMPREHENSIVE
ZONING CODE; ESTABLISHING REGULATIONS FOR THE
SEASONAL SNOW CONE ESTABLISHMENTS WITHIN THE CITY OF
THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR
EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before
the 15`h day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of The
Colony, Texas, provides the following, "A public hearing shall be held by the governing body
before adopting any proposed amendment, supplement or change. Notice of such hearing shall be
given by publication in a newspaper of general circulation in the City of The Colony stating the time
and place of such hearing which time shall not be earlier than fifteen (15) days from the date of
publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds that said changes should be granted, and that the Code of Ordinances should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That Appendix A, Section 10-100, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Schedule of Uses by District," is hereby
amended by adding the following use to said use chart, which shall read as follows:
Type of Use SF D TH MI M2 M3 M4 MH PD A P 01 02 NS SC GR LC HC I BP
206 Snow cone N N N N N N N N N N N N N N
establishment
(seasonal)
SECTION 3. That Appendix A, Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by adding a new subsection (206) entitled "Snow cone
establishment (seasonal)," which shall read as follows:
"[206] Snow cone establishment (seasonal): Temporary or permanent structure for seasonal
serving of snow cones and snow cone products and pre-packaged items. Snow cones and snow
cone products shall be defined as crushed or shaved ice served in single-use articles and topped
with flavored syrups. Seasonal shall mean that the temporary snow cone establishment may only
be in operation between the months of April through October each calendar year."
SECTION 4. That Appendix A of the Zoning Code of the City of The Colony, Texas, is
hereby amended by adding a new section 10-1360, entitled "Snow cone establishments
(seasonal)," which shall read as follows:
"10-1360. Snow cone establishments (seasonal).
Snow cone establishments (seasonal) are subject to the following regulations:
(a) Seasonal Use. The duration of operation of a snow cone establishment in a permanent or
portable building shall not exceed seven (7) months on the same lot or parcel from the date of
issuance of a Certificate of Occupancy (CO). Seasonal use shall mean that the temporary snow
cone establishment may only be in operation between the months of April through October each
calendar year. The portable building occupied by the temporary snow cone establishment, and all
tables, chairs, foundation, and other appurtenances thereto, shall be completely removed from the
lot or parcel at the end of the seven (7) month period.
(b) Responsibility. It shall be the responsibility of the owner of the property upon which a
snow cone establishment is located to ensure that all provisions of this subsection are complied
with.
(c) Special Conditions. Snow cone establishments in portable or permanent buildings shall
be located and maintained in accordance with the following provisions:
(1) Snow cone establishment and all appurtenances thereto, shall comply with all
applicable requirements of the district in which it is located. A portable snow cone
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establishment shall not be required, however, to meet the landscaping, exterior masonry,
or underground utility requirements of the applicable zoning district.
(2) A site plan is required to be submitted for review by staff to insure the following
standards are met:
(A) A snow cone establishment may be located on parking spaces, provided
that such spaces are not necessary to meet the minimum parking requirements of
the other use(s) of the lot or parcel;
(B) A snow cone establishment in a portable building shall not be located
within, nor encroach upon a fire lane, maneuvering aisle, vehicle stacking space,
or required landscaping areas of the lot or parcel upon which the facility is placed;
and
(C) The location of such facility shall comply with the Site Distance at
Intersections found in the City of The Colony Engineering Design Manual.
(3) The portable building in which the snow cone establishment is located shall be
placed on a foundation in a manner prescribed by the building codes. Foundation skirts
shall be provided on all sides of the building to within six inches (6") of the finished
grade at the site where the building is located.
(4) A placement permit for a portable snow cone establishment is required.
(5) Evidence of sales tax license must be presented with application for Certification
of Occupancy (CO) for either a permanent or temporary snow cone establishment
(6) See additional requirements in Chapter 6, Article VI, Section 6-168, Seasonal
snow cone establishments."
SECTION 5. 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 6. 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 7. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
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Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 8. 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 5t" day of October, 2010.
JO McCourry,,Mayor
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, ity Attorney
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