HomeMy WebLinkAboutOrdinances (O-04-1497)-12/21/2004
ORDINANCE 0-04-1497
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
3 OF THE COLLEYVILLE LAND DEVELOPMENT CODE TO INSERT
REGULATIONS FOR TEMPORARY USE PERMITS AND COMMUNITY SPECIAL
EVENTS AND TO DELETE REGULATIONS FOR TENT SALES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was
published in a newspaper of general circulation in Colleyville at least 15
days before such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its recommendation to the City Council for consideration.
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; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 3, Section 3.24.D, of the Land Development Code, is
hereby amended to insert the following new paragraphs 1 and 2 to read
as follows:
3.24. D
Temporary Buildings and Uses
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.
Sec. 2.
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Page 2 of 4
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.
THAT Chapter 3, Section 3.24.0, paragraph 1, of the Land Development
Code, regarding construction offices is hereby amended in its entirety to
read as follows and by renumbering paragraph 1 to paragraph 3:
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.
, I
Sec. 3,
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Ordinance 0-04-1497
Page 3 of 4
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.
THAT Chapter 3, Section 3.24.0, paragraph 2, of the Land Development
Code, regarding real estate sales offices is hereby deleted.
THAT Chapter 3, Section 3.24.0, of the Land Development Code, is
hereby amended by deleting paragraph 3 regarding Temporary School
Classrooms.
THAT paragraph 4 of Chapter 3, Section 3.24.0, of the Land
Development Code, is hereby amended in its entirety to read as follows:
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
carnivals, circuses, and similar temporary events or special fund-
raising events sponsored by a public entity, civic or non-profit
organization located within the City.
THAT Chapter 3, Section 3.24.0, of the Land Development Code, is
hereby amended to insert the following new paragraph 5 to read as
follows:
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.
THAT any person, firm, or corporation violating any of the provisions of
this ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be fined a sum not to exceed Two Thousand Dollars
($2,000.00). Each and every day such violation continues shall
constitute a separate offense and shall be punishable as such.
THAT Ordinance 0-00-1214, the Land Development Code, as amended,
shall remain in effect, except where amended by this ordinance.
Sec. 9.
Sec. 10.
Sec. 11.
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Page 4 of 4
THAT it is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law,
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
1.h..e first reading and public hearing being conducted on the 7 ~ day of
U..t (!Ih"n~ 2004.
~ second reading and public hearing being conducted on the 0:21 .J.t"'"day of
~... ('~~'n~ 2004.
?1~cA-;~
Cynthia Singleton, TRMC
City Secretary
Ross 1. Foster
City Attorney