HomeMy WebLinkAboutOrdinances (O-09-1709)-02/17/2009ORDINANCE 0-09-1709
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; 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 Council of the City of Colleyville desires to amend certain portions
of the Land Development Code regarding special land use standards by
adding minimum standards for wind driven generators; 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(C), of the Land Development
Code, is hereby amended to read as shown in the attached Exhibit "A".
Sec. 2. 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. 3. THAT 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. 4. 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.
Sec. 5. THAT this ordinance shall take effect immediately from and after its
passage.
Ordinance 0-09-1709
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~(~ day of
2009.
~1...
The second reading and public hearing being conducted on the ~ day of
Q,~(~ 2009.
ATTEST• CITY OF COLLEYVILLE
L---~ . ~ ~--~
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~ ~~~~
Matthew C. G. Boyle
City Attorney
Exhibit "A"
Section 3.24 -Subsection C:
18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a
special use permit per Section 3.24 of the Land Development Code.
a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried
underground by means of a conduit system.
b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres.
c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured
from the existing ground level to the highest point of the blades.
d. All wind energy structures, including tower and rotor, shall stand independent of any
building or structure and shall have a minimum setback from any property line, right-of-way,
power line, or other improvement of 1.5 times the height of the wind energy structure. It
shall also be located entirely in the rear yard and shall not be located in any required
setback.
e. The maximum noise level shall not exceed 50 dB(a), measured from the property line,
adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning
districts.
f. A wind tower and generator shall not be artificially lighted unless such lighting is required
by the Federal Aviation Administration.
g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b)
be completely enclosed by a locked, protective fence at least 6 feet in height.
h. No signage or advertisements shall be allowed on the wind tower.
i. A maximum of one wind energy system, including the tower, shall be permitted per lot.
j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180
days, shall be immediately removed from the premise and the site returned to its prior
condition, at the expense of the property owner.