HomeMy WebLinkAboutOrdinance No. 2011-1885CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 13-103(3), ENTITLED "SPECIAL
OFF-STREET PARKING REGULATIONS," BY PROVIDING FOR THE
PARKING OF BOATS, RECREATIONAL VEHICLES, MOTOR HOMES
OR TRAVEL TRAILERS IN THE SIDE OR REAR YARD UPON AN
IMPROVED SURFACE, OR ON A DESIGNATED FRONT ENTRY
DRIVEWAY IN SF-1, SF-2, SF-3, SF-4, D, TH, MF-1, MF-2, MF-3, AND
MF-4 ZONING DISTRICTS; AMENDING THE CODE OF ORDINANCES
BY AMENDING CHAPTER 6, SECTION 6-272(B)(5), ENTITLED
"SPECIAL OFF-STREET PARKING REGULATIONS," BY PROVIDING
FOR THE PARKING OF RECREATIONAL VEHICLES ON THE SIDE
OR REAR YARD UPON AN IMPROVED SURFACE, OR ON A
DESIGNATED FRONT ENTRY DRIVEWAY; AMENDING THE CODE
OF ORDINANCES BY RENUMBERING CHAPTER 19, SECTION 19-24
AS CHAPTER 19, SECTION 19-12(L), PROHIBITING THE PARKING OF
ANY MOBILE HOME, MOTOR HOME, RECREATIONAL VEHICLE,
TRAILER, OR BOAT UPON ANY PUBLIC STREET OR ALLEY;
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 15th 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 frill 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 13-103, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Special off-street parking regulations," is
hereby amended by amending subsection (3) to read as follows:
"(3) In the SF-1, SF-2, SF-3, SF-4, D, TH, M17-1, MF-2, MF-3 and MF-4 districts, a boat or
recreational vehicle including a motor home or travel trailer may be parked or stored on the
residential premises of the owner provided that such boat, recreational vehicle, motor home, or
travel trailer may be parked or stored only within that portion of the residential lot which is
located in the side or rear yard upon an improved surface, or on a designated front entry
driveway."
SECTION 3. That Chapter 6, Section 6-272, of the Code of Ordinances of the City of
The Colony, Texas, entitled "Storage of recreational vehicles-by zoning districts," is hereby
amended by amending subsection (b)(5) to read as follows:
"(5) Vehicles must be stored in the side or rear yard upon an improved surface, or on a
designated front entry driveway;"
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by renumbering Chapter 19, Section 19-24 as Chapter 19, Section 19-
12(1), which shall read as follows:
"(1) It shall be unlawful for any person, driver, operator or owner to leave, park or stand any
mobile home, motor home, recreational vehicle, trailer or boat upon any public street or alley
within the city."
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
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of the City of The Colony, Texas, shall be punished by a fine not to exceed the slue of Two
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 15"' day of February, 2011.
Joe McCourry, Mayor
ATTES :j
C ristie Wilson, City Secretary
APPROVED AS TO FORM:
~V
Jeff,Mooie City Attorney
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