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HomeMy WebLinkAboutOrdinances (O-82-434)-02/16/1982 VOL PAGE 1 2 3 ORDINANCE NO. 0-82-434'/~/:/ 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEY- VILLE, TEXAS, BY M1ENDING SECTION 22 THEREOF AND PROVIDI~G THAT PRIVATE CLUBS, LODGES AND FRATERNAL ORGANIZATIONS NOT SERVING OR DISPENSING ALCOHOLIC BEVERAGES MAY BE LOCATED IN ZONING DISTRICTS CC, ML OR CPO WITH A SPECIAL USE PERMIT; PROVIDING THAT PRIVATE CLUBS, LODGES AND FRATERNAL ORGANIZATIONS SELLING OR DISPENSING ALCOHOLIC BEVERAGES SHALL BE LOCATED ONLY IN A CC OR ML ZONING DISTRICT WITH SPECIAL USE PERMITS; PROVIDING THAT CAFES, CAFETER- IAS AND RESTAURANTS (NO DRIVE-THRU) SERVING OR DISPENSING ALCOHOL I BEVERAGES SHALL BE LOCATED ONLY IN CC AND ML ZONING DISTRICTS WITH A SPECIAL USE PERMIT, AND BY PROVIDING THAT GENER~L RETAIL SALES AND DISPENSING OF ALCOHOLIC BEVERAGES SHALL BE ALLOWED ONLY IN CC AND ML ZONING DISTRICTS WITH SPECIAL USE PERMITS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 8 9 10 WHEREAS, t.he Ci ty has recently annexed an area which allows the 11 sale of alcoholic beverages; and, 12 WHE REAS , 13 WHEREAS, 14 15 16 WHEREAS, 17 the City has no specific provisions in its zoning ordin- ance dealing with the sale or dispensing of alcoholic beverages; and, the City Council is of the opinion that because of the nature and problems attendant with the sale or dispens- ing of alcoholic beverages said activities should be limited to CC and ML zoning districts with a special use permit; and, 18 the City Council is of the opinion that private clubs, lodges and fraternal organizations not serving or dis- pensing alcoholic beverages may be located in zoning districts CC, ML or CPO with a special use permit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, 19 TEXAS: 20 Sec. 1. THAT Section 22.9(5) of the Colleyville Zoning Ordinance be amended by subdividing said section into two parts, (a) and (b). Under Subpart (a) said provision shall pro- vide that lodges and fraternal organizations not serving or dispensing alcoholic beverages may be conducted or maintained in ML or CC zoning districts and in a CPO zon- ing district with a special use permit. Subpart (b) of said section shall provide that lodges and fraternal organizations serving or dispensing alcoholic beverages shall be located only in a CC or ML zoning district with special use permits. 21 22 23 24 25 Sec. 2. THAT Section 22.9 of the Colleyville Zoning Ordinance be 26 Ordinance No. 0-82-434 Page 2 1 2 3 4 5 6 7 Sec. 3. 8 9 10 11 12 Sec. 4. 13 14 Sec. 5. 15 16 17 18 19 Sec. 6. 20 21 VOL PAGE amended by adding thereto a Section 22.9(18) which shall have two parts, (a) and (b). Under Subpart (a) said pro- vision shall provide that private clubs not serving or dispensing alcoholic beverages may be located in ML or CC zoning districts or in a CPO zoning district with a special use permit. Subpart (b) of said section shall provide that private clubs serving or dispensing alco- holic beverages shall be located only in a ML or CC zon- ing district with a special use permit. THAT Section 22.7(a) (4) of the Colleyville Zoning Ordin- ance be amended by subdividing said section into two parts, (a) and (b). Under Subpart (a) said provision shall provide that cafes, cafeterias and restaurants not serving or dispensing alcoholic beverages may be conducte or maintained in a CN, CC or ML zoning district. Subpart (b) of said section shall provide that cafes, cafeterias and restaurants dispensing or selling alcoholic beverages shall be maintained and conducted only in a CC or ML zoning district with a special use permit. THAT Section 22.7 of the Colleyville Zoning Ordinance be amended by adding thereto a Section 22.7(a) (9) which shal provide retail sales or dispensing of alcoholic beverages shall be maintained or conducted only in a CC or ML zonin district with a special use permit. THAT any person, firm or corporation violating any of the provisions as set forth herein shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00); each and every day such violation continues shall constitute a separate offense and is punishable as such. The city attorney is authorized to bring civil proceedings to enjoin the operation of any premises not in compliance with the provisions of the foregoing sec- tions. THAT the city secretary is authorized and d~rected to cause publication of the descriptive caption and penalty clauses hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. 22 first r~ading and of /;f.2 c if. ( (. {.1/'( 51 seconc,V eading ",!ld of ..(. 1__: j f[v _, third c,.ea~fing ~n public of T f OJ)LL/l ,La' ( public hearing being conducted on the !;rY~ , 1982. ~/t.{! public hearing being conducted on the ,~. / , ~ 9 82 . . J /~ t? hearlng belng conducted on the -L~ , 1982. The 23 day The 24 day The day 25 26 Ordinance No. 0-82-434 Page 3 1 2 3 4 5 6 ATTEST :' " '\ 7 -~', ,;' ,IC/I. 8 9 legality: Approved as to form and k-~ () Ross T. F'ste~ City Attorney ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: Bue VOL PAGE CITY OF COLLEYVILLE