Loading...
HomeMy WebLinkAboutOrdinances (O-70-15)-11/12/1970 r i ,.., (. J' ,J /) /0 / VOLUME I_PAGE 50 l : /f'J1UA /", J..... 1 l I ! a/I i '~".'i ,('. < IV'? iJ ' . ..' < 7-;:' - '- < ()- j :,~ . (,(T t, i.;, / . . "/ ~~ 't~ 'I ,~CJ t I ,-\/ .. '[t.V' c-{}/W) . / i ')'\k,r- 'v' ,'~ 1......1 VOL6248 PAGF51t JUN'-6-17 5 ~ Z 0 7 9 ORDINANC E NO. 0-70-15 1970 ZONlNG ORDINANCE TOWN OF COLLEYVlliLE AN ORDINANCE ESTABLISHING ZONlNG DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND ADOPTING A ZONlNG MAP DISCLOSING THE SEVERAL DISTRICTS AND USE AREAS AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS AND AREAS; REGULATING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUlliDINGS AND OTHER STRUCTURES; THE SIZE AND PERCENTAGE OF LOTS THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN PLACES; THE DENSITY OF POPULA- TION; THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND THE LAND FOR TRADE, IN- DUSTRY, RESIDENCES AND OTHER PURPOSES; AND DIVIDING THE TOWN OF COLLEYVILLE INTO DISTRICTS; AND REGULATING THE ERECTION, CONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS; PROVIDING UNlFORM REGULA- TIONS FOR THE SEVERAL CLASSES OR KINDS OF BUILDINGS OR STRUCTURES, AND USES, SPECIAL AND GENERAL, WITHIN THE RESTRICTIVE DIS- TRICTS; PROVIDING FOR OFF-STREET PARKING AND LOADING REGULATIONS, SPECIFIC USE PER- MITS; PROVIDING FOR A BOARD OF ADJUSTMENT AND EXC EPTIONS AND VARIANCES; PROVIDING FOR A METHOD OF ENFORCEMENT AND PENALTIES, FOR A CERTIFICATE OF ACCUPANCY AND COM- PLIANCE; PROVIDING FOR THE INTERPRETATION OF THE ORDINANCE, AMENDMENT AND CHANGES, REPEALING CONFLICTING ORDINANCES, A SAVING CLAUSE AND DECLARING AN EMERGENCY. lS - WD '" in ,.. ",' ~' .,.. Ii t, !'-:::" ' ~ ''''..... < ., , . .... f . 'II" WHEREAS, on October 13, 1970, the Town Council of the Town of Colleyville, in accordance with State Law, adopted a Comprehensive Zoning Ordinance which classified the area within the Town limits into general use classifications or districts and since then, from time to time, additional territory has been added to the Town of Colleyville by annexation; and, WHEREAS, through experience and administration, the Town Council is of the opinion that the Ordinance as originally adopted, providing for iT('lLUn'-r.; .-,--- c'" ,,,:,, '--7 ,J .,j,L,~_,,;.,,"'~'!_~ VDl6248 PAGF.512 districts and classifications no longer subserves public interest and affords sufficient protection for the general welfare of the citizenship and the peaceful enjoyment of their homes and properties; and by rea- son thereof, the Town Council requested the Town Planning and Zoning Commission to conduct a study of the Zoning Ordinance as it existed and the Town Planning and Zoning Commission has, after study and after holding a public hearing as provided by law, filed with the Town Council of the Town of Colleyville, on the 11th day of August, 1970, a revised Zoning Ordinance and map dividing the Town into districts and has recommended to the Town Council the adoption of such ordinance and zoning district map, and that the Ordinance of 1966 be repealed; and, WHEREAS, the Town of Colleyville did give notice by publishing on the 19th and 20th days of August, 1970, in the Star Telegram, the offi- cial newspaper of the Town of Colleyville, a newspaper of general cir- culation in said Town, the proposed revised Zoning Ordinance, together with the accompanying map and setting a public hearing thereon on the 3rd day of September, 1970, and by resolution on the 11th day of August, 1970, provided for a hearing before the Town Council to be held on the 3rd day of September, 1970, and did send written notices of this public hearing of the Town Planning and Zoning Commission and the Town Council by mail and published notice to all real property owners in said Town, and the public hearings were conducted until every person whose property was affected or who had any interest in the matter had an opportunity to be heard, and fair and complete hearings were offered all who desired to be heard, and said hearings were officially closed, by the Mayor of the Town of Colleyville, at which time the Chairman of the Planning and Zoning Commission presented the final report of said Commission, wherein the Planning and Zoning Commission recommended adoption of the Comprehensive Zoning Ordinance and Zoning Map, as revised, be adopted, and, said final report having been signed by the Chairman and all members of the Planning and Zoning Commission, was presented to the Mayor and the Town Council of the Town of Colleyville VOL6248 PAt:r.5i~ ~T~,~ ~ _ . ' .,--- t' ~-" --l.~ :_-' " ~. ____,,~__.___~- ' , '-'-~ on the 13th day of October, 1970, and after duly inspecting this proposed revision of the Zoning Ordinance and Map, found same to represent their best judgment and opinions so as to promote the health, safety, morals, general welfare and convenience of the people, at which time the Town Council adopted and approved the Comprehensive Zoning Ordinance and the Map, as revised, all members present voting for approval thereby adopted the Comprehensive Zoning Ordinance together with the map con- forming to said Ordinance in its final form; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COLLEYVILLE, TEXAS: THAT Ordinance Number 500 of the Town of Colleyville, Texas, known as the Zoning Ordinance of 1966, and the amendments thereto, including the Zoning District Map, except as specifically provided herein, are hereby repealed and a new Ordinance with Zoning Map attached is hereby enacted in lieu thereof, to read as follows: The zoning regulations and districts as herein established have been made in accordance with a comprehensive master plan for the purpose of promoting health, safety, morals and the general welfare of the Town of Colleyville. They have been designated to lessen con- gestion in the streets, to secure safety from fire, panic and other dan- ger, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate adequate provisions of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable considera- tion, among other things, for the character of district and for its peculiar suitability for particular uses, and with a view of conserving the value of the buildings and to encourage the most appropriate use of the land throughout the Town of C011 eyville , Texas. VOL 6248 PAGf511 ARTICLE XII. I ,.5=)' PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use, Other- wise, such uses shall remain non-conforming uses where recognized, or an illegal use, as the case may be. It is further intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the lime the zoning ordinance was repealed and the present zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecu- lions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. ARTICLE XIll. VALIDITY If any section, paragraph, subdivision, clause, phrase or pro- vision of this ordinance shall be adjudged invalid or held unconstitu- tional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. ARTICLE XIV. INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agree- ments between parties, provided, however, that where this ordinance ..... - ~ v'm.6248 PAGF.nlo VOLUME .:z:- PAGE ..31 imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by agreements, the prOlisions of this Ordinance shall govern. ARTICLE XV. REPEALING ~~A USE All ordinances and part of ordinances in conflict herewith are repealed, except that where a special permit zoning ordinance has heretofore been adopted by the To'Wll Council requiring dedication of street or alley right-of-way, and where such required right-of-way has not been dedicated, the provisions of such special permit ordinances requiring such dedications shall remain in full force and effect, and shall not be repealed by the provisions of this Zoning Ordinance. ARTICLE XVI. CHANGES AND bMENDMENTS The governing body may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established. Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the Planning Commission for its recommendation and report. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one (1) time in the official publication of the City of Colleyville, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. Written notice of all public hearing before the Town Planning and Zoning Commission on proposed changes in classi- fication shall be sent to owners of real property lying within two hund- red (200) feet of the property on which the change in classification is vOl6248 PAGr51G V C1/JrsE J~ I' ;J'~:S ~3-' proposed, such notice to be given not less than ten (10) dcvs before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appeared on the last approved city tax roll. Such notice may be served by depositing the same, properly add- res sed and postage paid in the town post office. Unless such proposed amendment, supplement or change has been approved by the Planning Commission or if a protest against such proposed amendment, supplement or change has been filed with the Town Secretary, duly signed and acknowledged by the owners of twenty (20) per cent or more, either of the area of the lots included in such proposed change or those immediately adj acent in the rear thereof ex- tending 200 feet herefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths (3/4ths) vote of the governing body. The official zoning map of the Town of Colleyville shall be kept in the office of the Town Secretary. ARTICLE XVII. EMERG~NCY CLAUSE The fact that the present zoning regulations are inadequate to properly safeguard the general public welfare, health, peace and safety, creates an urgency and an emergency, and requires that this ordinance become effective immediately upon its passage, and it is accordingly so ordained. PASSED AND APPROVED by the unanimous vote of all members of the Town Council of the Town of Colleyville, the 13th day of October, 1970. /' ./je;;1 10 ' {/1 _ ~~~;tzC/c MAYOR t ,1// I ~ / ,"' \ r, , d . - ,,:;) 1../,' ATTEST: VOL6248 PAGE5i 7 APPROVED AS TO LEGALITY AND FORM: <~ ATTORNEY COUNTY OF TARRANT o o o CITY OF COLLEYVILLE. TEXAS STATE OF TEXAS I. Julie R. Kearley. City Secretary of the City of Colleyville. Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 0-70-15. duly presented, passed and adopted by the Town Council of Town of Colleyville. Texas, at a regular meeting held on the 13th day of October, 1970. as the same appears in the Minutes of said meeting in Volume I. Pages 50- 56. WITNESS MY HAND AND THE SEAL OF THE CITY OF COLLEYVILLE. TEXAS. this the /,2../ day of November. A. D.. 1976. ry -,.' () 62A8 r/trOlo VOL ..1;1 , gb0~~~~F'T~~RANT ( I hereby certify that this Instrum9l'lt was Rt.aJ ClIt" date and st tht time Stamped hereon by me and '!!!_ """,,,. In ", VOl'.. ""..... " .... _ .~ of rarranteo.ty, rex.s at afllllped henIoQ ,., .... JUN 6 1977 , '..4""i*-h^,J 1/1W.mO; $IUOI'O'4 _..,"~ ....".... . "JlO' 311IAA)ll0~ 40 en -< o ;'.n. : rT1 -0 C- c:: Z -, l~ ,.1)-, .OJ .... ,J:: " '''1_ .., r- c: :;fT1 -4 -:0 '-/ o C') -0 :z: ... ~ --... y C"l