HomeMy WebLinkAboutOrdinances (O-08-1661)-02/19/2008ORDINANCE 0-08-1661
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
18 -BUILDINGS AND BUILDING REGULATIONS, ARTICLE I - IN GENERAL, OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS BY
AMENDING SECTION 18-22 - PERMIT ISSUANCE, TO INSERT A NEW
REQUIREMENT FOR CONTRACTORS TO PROVIDE PROOF OF STATE
HOMEBUILDER REGISTRATION AS A CONDITION FOR OBTAINING CERTAIN
BUILDING PERMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF 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 0-04-1485
on November 3, 2004, adopting the Land Development Code; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to amend Section 18-
22 of the Colleyville Code of Ordinances to require proof of state
registration as a homebuilder as a condition for obtaining certain building
permits; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan designed to lessen congestion in the streets; to
secure safety from fire, panic, and other dangers; to promote health,
general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the districts and
their peculiar suitability for particular uses, with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
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holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Section 18-22 Permit Issuance, of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to read as follows:
Q) Proof of State Homebuilder Registration. No building permit
shall be issued for the construction of a new residential
structure, the expansion of the building footprint of an existing
residential structure, a material improvement to an existing home
as defined in the State Property Code or for the renovation to the
interior of an existing residential structure where the total
renovation costs within one year cost more than $10,000, unless
the builder or re-modeler provides proof of homebuilder
registration with the Texas Residential Construction
Commission.
EXCEPTION: An individual building his or her own home, or a
home that has been or will be used by the homeowner as the
homeowner's primary residence for at least one year after
completion.
Sec. 2. THAT Ordinance 0-04-1485 and Section 18 of the Code of Ordinances of
the City of Colleyville, Texas, as amended, shall remain in effect, except
where amended by this ordinance.
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.
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 in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
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Sec. 6. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its
passage.
Sec. 7. 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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the .~~ day of
2008.
The second reading and public hearing being conducted on the _/9~day of
~7e.C~1lit,c, 2008.
ATTES '
Cynthia Singleton, TRMC, CMC
j City Secretary
CITY OF COLLEYVILLE
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David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
UJ.
1
Matthew C. G. Boyle
City Attorney