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HomeMy WebLinkAboutOrdinances (Ordinance O-19-2088)-08/20/2019ORDINANCE 0-19-2088 AMENDING CHAPTER 3, SECTION 3.7 - NON -CONFORMING USES, LOTS AND BUILDING, SUBSECTION B - NON -CONFORMING LOTS OF RECORD; CHAPTER 3, SECTION 3.24 - SCHEDULE OF PERMITTED USES, SUBSECTION G - SCHEDULE OF DISTRICT REGULATIONS; CHAPTER 3, SECTION 3.28 - SUPPLEMENTARY DISTRICT REGULATIONS; AND, CHAPTER 9, SECTION 9.7 - LOTS, SUBSECTION G - BUILDING LINES; 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 of Colleyville desires to amend Chapter 3, Section 3.7 - Non -conforming Uses, Lots and Building, Subsection B - Non- conforming Lots of Record; Chapter 3, Section 3.24 - Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 - Supplementary District Regulations; and, Chapter 9, Section 9.7 - Lots, Subsection G - Building Lines of the Land Development Code as part of a comprehensive review of the Land Development Code; 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, Section 3.7 - Non -conforming Uses, Lots and Building, Subsection B - Non -conforming Lots of Record; Chapter 3, Section 3.24 - Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 - Supplementary District Regulations; and, Chapter 9, Section 9.7 - Lots, Subsection G - Building Lines of the Land Development Code are hereby amended to read as depicted in the attached Exhibit "A". Ordinance 0-19-2088 Page 2 of 3 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 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. 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. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of August 2019. The second reading and public hearing being conducted on the 20th day of August 2019. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF AUGUST 2019. Mayor Richard Newton Awe Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Ave Place 6, Callie Rigney Aye Place 4, George Dodson Aye Ordinance 0-19-2088 Page 3 of 3 ATTEST: � Cam/ mow" Christine Loven, TRMC City Secretary APPROVED -AS TO�FORM: Wh7tt L. Wyatt City Attorney CITY OF COLLEYVILLE I Richard Mayor Newton Exhibit "A" Chapter 3 - Section 3.7 — Non -conforming Uses, Lots and Buildings B. Non -conforming Lots of Record — In any zoning district in which single-family dwellings or commercial buildings are permitted, a single-family dwelling or commercial building and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter; provided, that such lot must be in separate ownership, not of continuous frontage with other lots in the same ownership, and must conform with the district regulations governing minimum lot size and yard dimensions for the district in which such lot is located. Variance of district regulations governing minimum lot size or minimum yard dimensions shall be obtained only through action of the City Council per Chapter 1, Section 1.1&D and Sections 1.16.E. Chapter 3 — Section 3.28 Supplementary District Regulations A. All required building lines shall adhere to the minimum yard requirement of the applicable zoning district for the property per Section 3.24.6- Schedule of District Regulations regardless of any setbacks shown on a plat unless a documented plat waiver has been approved. J. [Delete this section] K. [Delete this section] Chapter 9 Subdivision Design & Public Facilities Section 9.7 Lots G. Building Lines —Building lines shall be consistent with the minimum yard requirements of the applicable zoning district in which the lot exists. However, the City may approve a building line which differs from the zoning requirements when special conditions exist. 0 ci 0 G � O cZ G Q Z Z 0 O U Q W 0 K C � W a 0 20 0 O W X K Vi Q � O U Z w Q cZ Z z C Z J W oc m U z W W 2 a a X Oc � a 0 W Z Oc c� 0: G r�Y Q v 2 0 d o rn c >i'- E a e e e o o e e e e e a e e e g a o y voi �n N m m m m m P m m m m m m E� ° J � � OI O O O O O O N O O O O O O A O gV a r rn m v_ � a m N O O O O O O p O ur g « p d O O N iN i0 VI U U U U U U E o 0 0 0 0 0 S C y U U U U U U N N N -O -O r N W a C iN N VI VI iN N > ma �a O -O -O -O ¢ a �O E V%y m O O N m VI VI O O O C O Q v P P g LL� O J N N u N v v d N m iu iti N m A Id c a u AN c c c c c m 1p m °c c ° g c E o C_ C t d O O -O N O -O b .O O O -O D -O O O g a W N N N O O r r n O N N m o Oo 0 0 0 o p p p o 0 0 0 0 O V O O O J Cl N '1 CT N P l0 N E ua T m o o p o 00 0 0 E ` a 0 0 0 LO 0 c A N g a q O O O O N LL m Q N P N N m m m v £ m m m m m r' C c c c :°� 1°e E v E '° E c E T� TO EE N O O D U S W ND SL C N ci u W 11 N LL N LL N LL N q LL NN LL y LL$ v d N O 'n 3 a rn o x :x c 'a :5 rn o •• w LL C C C C 3 N O O N V1 N 41 N `2 `2 �"2 ED. zl> V1 2 O f2 S d ZU U U U J U U U � * All regulations may vary when above districts are used as abase district for a PUD. ** All required building lines shall adhere to the minimum yard requirement of the applicable zoning district for the property per Section 3.24.6- Schedule of District Regulations regardless of any setbacks shown on a plot unless a documented plat waiver has been approved.