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HomeMy WebLinkAboutOrdinances (O-14-1914)-04/15/2014 ORDINANCE 0-14-1914 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3-LAND USE, SECTION 3.24(B) - SCHEDULE OF PERMITTED PRINCIPAL USES AND SECTION 3.24(D) — TEMPORARY BUILDINGS AND USES OF THE LAND DEVELOPMENT CODE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Section 3.24(B) and (D) of the Land Development Code by removing the use of asphalt or concrete batching (temporary) from the Schedule of Permitted Principal Uses and providing regulations for temporary asphalt or concrete batch plants under Temporary Buildings and Uses; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3-Land Use, Section 3.24(B) Schedule of Permitted Principal Uses of the Land Development Code, is hereby amended to read as depicted in the attached Exhibit "A". • Sec. 2. THAT Chapter 3-Land Use, Section 3.24(D) Temporary Buildings and Uses of the Land Development Code, is hereby amended to read as depicted in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-14-1914 Page 2 of 2 Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of April 2014. The second reading and public hearing being conducted on the 15th day of April 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 16:6- day of `i 2014. ATTEST: CITY OF COLLEYVILLE Army e Iley, T' C David Kelly - City -cretary Mayor - APPROVED AS TO FORM AND LEGALITY: /d -- Matthew C. G. Boyle City Attorney Exhibit "A" Colleyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special parking Land Use Classification - Land Use LL O N M Standards or Group Q Fe 2 2 ,e ee g v v v v v g Section Ref. A. RESIDENTIAL ACCOMODATIONUSES Single Family Detached Dwelling P P P P P P S 8 3 Duplex—Attached Dwelling I p 8 2 Tow nhorne—Attached Dwellings p 8 4 Mufti-family—Attached Dw ellings p 8 4 • HUD Code Manufactured Housing p 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 - - Private(HOA)Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec.3.27 n.a. Carport S S S S S S S S S Sec.3.27.0 n.a. Home Occupations Uses - P P P P P P p p P 8 n.a. Servants or Caretakers Quarters PP S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school p S 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use P P P SS - n.a. Roadside produce stands(year round) S S S S S S S S S n.a. D. UTILITY USES Bectrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3-Land Use Page 3-2 Ii i a) ` N N N N N N N M N N M M V' CO L C C- CO CI a � N v I 81 - _ Cu d13 a M rn� c S 11,41 u) u) v) h u) a a a a a a a a a 0 h h a a a co :-°. £33 v) v) ti CO a a a a s a a a a h 0 r v) a a a a co c a) v Z33 c„ ,,, . . a a a a a a a a s v) 0 0 a a a a 0 133 v) u) v) u) a a a a a a a a a ti v) v) a a a a 0 c C.) a Z NO ti v) yr ti a a a a s a s a s v) v) v) a a a a a) 0 Oda v) v) v) 0 a a a a a a a a a v) 0 cn a a a a o a HN y y v v v) a a a a a a 0 H 0 a a a p d21 n n y y v) a a a a a a ti y ti a a a Q o a E t a21 v) y y y a a a a a s cn cn v) a a a C d o °' i5 5 621 v) Cl) Cl) v) H a a a a a s v) v) Cl) a 0. a I w p xi a) V w-° OM v) vi v) co to a a a a a s v) v) v) a a a Z s_3 d v 0£21 v) v) ti v) 0 a O. a s a s v) 0 cn a a a 'M r r 1 YJ U cn o Otis cn Cl) Cl) Cl) Cl) a s a s a a h Cl) v) a a a m 321 ti v) v) cn v) a s o. a a s v) v) v) a a a N JV cn 0 0 y cn a a a a a a 0 v) H a a a Cu vi I- co co l0 co C Sir N c 0 O N �cCy LL '0 8 0 CU j C c d m -0 o m 0 c v N - 01 N c 1 P. 2 12 23 c aV � No o Z` oo o !0 N N 0 0 w- o c d «D L Z O () °9 o N h N 20' m v ¢ v ) - c fL t c $ ~ O o 1) O N o o V (C L L (l) N N f6 N �1 01 C as N N C) N c o N o oa c h ( c [Q c I I a 1 2 2 o o y y . y E C 6 O 5 8 m N N o- 0 o 0 0 0 A W rn a) o N O c L L L L C Cl) C N J o C C o g , «tl- 0 0 g = g 63 fp (j s) W wN c V N U 8 NN o N V Fa' - N (n c _Q .2 .> U � ' C :0 8 > N > co i .a .c .o 6 u. U J Y3 I°-) 0 a 8 8 Uo li 8 8 2 E cT 2 E iE E rE tY WO Q M 41 LLI Ul m - - - - - - 0 Exhibit "A" Coffeyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification Land Use Group 0 — Standards° o °C7 w v o L = z c v V 2 Fe Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics p P P P 8 Emergency Clinic(24 hrs.) S P P 10 6 Engineering,Architect's,and Surveyor's Offices P P P P P 8 General Business Offices not elsewhere listed P p p P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrist Office P P P P 8 Psychologist Offices P P P P P 8 Physician's or Dentist's Offices p P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency/Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales—(Beer and W i n e Only)— I S S S 13 n.a. Off-Premises Consumption J Alcoholic Beverage Sales—On-premises Consumption S S S 13 n.a. Package Store Sales—Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Chapter 3-Land Use Page 3-4 Exhibit "A" Colleyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Land Use Classification Districts Special Parking Land Use Group C7 i v °n ° to o g = a z 8 8 v -i Standards Apparel and Accessory Stores p P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks,Credit Unions and Financial Institutions P P P 8 Barber Shops,Beauty Shops and Day Spas p p p 10 7 Bicycle Shops p P 7 Book,Stationary or Greeting Card Shops P P p 7 Camera or Music Stores P P 7 Carnivals and Circuses SS 24 Cemeteries or Maus oleunts S S S S S S 24 Charitable Donation Station S S S 24 Civic,Social or Fraternal Organizations S S P P 7 Convenience Stores w ith gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores p p 7 Dry Cleaner Fick-up Stations S P P 7 Dry Cleaners(up to 5,000 s.f.w/on-site laundry) p p 7 Equipment Rental and Leasing Stores S P 7 . Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores p P P 9 Chapter 3-Land Use Page 3-5 Exhibit "A" Colleyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification - Land Use Group o u. 0 - N c Standards C9 w o Fel ° o = a z C� 8" v -i Grocery Stores P P 18 7 Hardw are,electrical&plumbing w/o outside display P P P P Hardw are,electrical&plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels p p 19 Interior Decoration Stores P P P P 7 Jewelry Stores p p P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S p p 16 Pawn Shops p 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry,gemstones,gold,silver,and platinum and S S S 7 not licensed as a Pawn Shop by the State of Texas Restaurants,Cafes and Cafeterias p P P 5 Restaurants with drive-in or drive-thru service p p 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Chapter 3-Land Use Page 3-6 Exhibit "A" Colleyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Land Use Classification Districts Special Parking Land Use Group v v Standards"Q 2 La g v N v Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels p p p 4 8 Veterinarian Clinic with outdoor kennels S P p 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONALAND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers(indoors) SS 24 Archery and Firearms Ranges SS 6 24 Billiard Parlors SS 17 23 Commercial Recreation(outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses—Privately Owned P P P P P P 22 Golf Driving Ranges p p 22 Miniature Golf Courses p P 20 Roller or Ice Skating Rinks SS 24 Theaters p p 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES SS 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm/Stereo/Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Chapter 3-Land Use Page 3-7 Exhibit "A" Colleyville,Texas,Land Development Code Table 3.24.B--Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification - Land Use Group c &- 0 Standards Q I aR E i 5 v v v R Auto Parts and Accessory Stores P P p 13 7 Auto,Truck or Trailer Rental S S 13 8 • Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages(free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service __ S S 13 8 I Bus or Passenger Train Stations S S S S 24 Car Wash(self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG/CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL,INDUSTRIAL&MANUFACTURING USES Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Table 3.24.B--Schedule of Permitted Principal Uses Chapter 3-Land Use Page 3-8 Exhibit "A" Colleyville,Texas,Land Development Code Residential District Non-Residential Districts Special Parking-Land Use Classification - - - Land Use Group Cc 1 & 0 & R g i 0 v v v v R Standards Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Off ice without storage yard p p 8 Bectronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing p 25 Office Show room p 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, WAG and Bectrical Trades Shops p p 8 Printing and Publishing-Commercial p 8 Plumbing, HVAC and Bectrical Trades Shops p p 8 Printing and Publishing-Commercial p 8 Research and Development Labs p 8 Scientific Instrument Assembly and Manufacturing p 8 Self Storage Facilities(mini-warehouse) S 24 J Upholstery and Furniture Repair Shops p p 8 Warehouse and Distribution Facilities S 24 Wood,Paper or Leather Products p 25 Manufacturing not elsew here listed S 24 Welding or Machine Shop P ' 25 Chapter 3-Land Use Page 3-9 Exhibit "B" Colleyville,Texas,Land Development Code D. Tem Dora ry Buildings and Uses(0-04-1497/ 12/21/04) 1. Temporary Use Permit — The Building Official may approve a permit for a temporary use specified in this Section for limited periods of time, provided evidence is furnished by the applicant that adequate measures are taken to satisfy public safety concerns and related site criteria concerns. All temporary uses shall be subject to the regulations contained in this Section. The building official may recommend a temporary use permit application be considered by the City Council where it has been determined by the building official that the proposed temporary use may have significant public interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block parties held in conjunction with the annual National Night Out neighborhood celebration or for events approved by a municipal department where said event is conducted on municipally owned property. a. Revocation: The Building Official may revoke a temporary use permit if determined that: i. The applicant has misrepresented any material fact on the application, or supporting materials. ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. iii. The operation of the temporary use violates any statute, law, ordinance or regulation. iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or general welfare of the public. 2. Permit Conditions — The Building Official is hereby authorized to prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, limitation on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, or other standards designed to minimize adverse impacts on surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the decision to the City Council. 3. Construction Offices and Sales Offices — The Building Official may approve a permit for a temporary building for use as a construction office or a sales office for new home or lot sales in any zoning district during the construction phase of a permanent building or new subdivision, provided such temporary buildings comply with the following requirements: a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a property line or encroach within the visibility triangle required in Section 3.26 of this Land Development Code. b. A temporary building used as a construction office during the construction of a permanent building shall be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building, weather permitting, weather permitting. c. A temporary building used as a real estate sales office shall be removed within ten (10)days after ninety (90%) percent of the lots within the subdivision have been sold. d. A temporary construction office or real estate sales office shall sit on a blocked foundation acceptable to the Building Official. No temporary construction office or real estate sales office shall be used that rests only on the wheels. e. A model home may be used as a temporary real estate sales office and shall be exempt from paragraphs a, b, c, and d above. 4. Community Special Events — Outdoor events of public interest which are anticipated to attract less than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such as camivals, circuses, and similar temporary events or special fund-raising events sponsored by a public entity, civic or non-profit organization located within the City. Chapter 3-Land Use Page 3-10 Exhibit "B" Colleyville,Texas,Land Development Code 5. Tents — A temporary use or special event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. 6. Temporary Asphalt or Concrete Batch Plant — The Building Official shall approve a permit for a temporary asphalt or concrete batch plant to provide construction materials for the site on which the temporary batch plant is located during the construction phase of a permanent building, new residential subdivision or other project as authorized by the city manager, provided such temporary use complies with the following requirements: a. The temporary batch plant shall receive an approved air quality permit from the State of Texas, and evidence must be presented at the time of application for the temporary use permit. b. The temporary batch plant shall follow all State of Texas storm water run-off requirements. A copy of any required State documents must be on the site of the temporary batch plant at all times. c. A location map, drawn to scale, shall be provided and indicate the following: the location of the batch plant on the subject property along with a defined plant boundary, the location of all related equipment including but not limited to batching equipment and containers, storage areas, hazardous materials storage if applicable. Another drawing, drawn to scale, shall be provided showing the closest habitable residences, schools and religious institutions. The minimum distances shall be 300 feet measured in a direct line from the boundary of the temporary batch plant, as indicated on the application, to the property boundary of the protected use. d. The material delivery route shall be provided indicating routes for raw material delivery with details on the type and numbers of trucks per day. Said route shall require final approval by the City Manager or his/her designee. e. The hours of operation shall follow the construction hours of operation as required in the Colleyville Code of Ordinances. f. A letter of permission shall be provided by the property owner stating that the temporary batch plant will be used to provide concrete/asphalt for the same site where it is located and no other project(s). The letter must also state that the site will be left in good or better condition. g. The application must state the amount of time that the temporary batch plant will be in operation. The permit duration shall not exceed 30 days from the date of issuance. Only one permit may be issued for a given parcel of property within a 12 month period. i. The Public Works Director shall determine if additional materials testing is required and may determine the testing personnel required. Any cost of testing shall be paid by the applicant. j. The batch plant shall not be used as a batching facility for any other site other than the site on which it is located and no concrete, asphalt and any raw materials may be sold from said plant. k. Any appeal or waiver from the requirements of this section shall require final approval by the City Council. Chapter 3-Land Use Page 3-11