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HomeMy WebLinkAboutOrdinances (O-12-1838)-07/03/2012ORDINANCE 0-12-1838 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 - SCHEDULE OF PERMITTED USES, 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 Councii of the 0-00-1214 on April 18, Code; and City of Colleyville approved Ordinance 2000, adopting the Land Development WHEREAS, the City Council amended Ordinance 0-00-1214 on ]anuary 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.29 - Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07- 1607 on September 4, 2007, by enacting Ordinance 0-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 - Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07- 1607 on September 4, 2007, by enacting Ordinance 0-08-1656 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses of 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 enact a new zoning ordinance by amending the Schedule of Permitted Uses; 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 Ordinance 0-12-1838 Page 2 of 4 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 to, among other things, 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 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 all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 - SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit .,A„ Sec. 3. THAT Ordinance 0-00-1214, 0-07-1607, 0-07-1633, and 0-08- 1656 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Ordinance 0-12-1838 Page 3 of 4 Sec.4. 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. 5. 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. 6. 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.7. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of June 2012. The second reading and public hearing being conducted on the 19t" day of June 2012. PASSED AND AP R VED by the City Council of the city of Colleyville, Texas, on this the ~ day of 2012. ATTE . ~ CITY OF COLLEYVILLE ~ ~ /~'~ ~~4--~ ^ ~ C~. ynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Ordinance 0-12-1838 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: '~~\~~ ~ • ~ Matthew C. G. Boyle City Attorney Exhibit "A" Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special L d U parking an ass ca on se c9 Q w ~ 0 v ~ 0 r> ~ 0 c~ ~ ~ ~ ~ o ~ '~ ~ ~ = ~ O a ~ z c~ ~ c~ c~ c~, c~ ~ r~ t~ c~ ~ ~ an se Standards or Section Ref. Group A. RES/DENTIAL ACCOMODATION USES Single Family Detached Dwelling p p p p p p $ 8 3 Duplex - Attached Dwelling p 8 2 Townhome - Attached Dwellings p 8 4 Multi-family - Attached Dwellings p 8 4 HUD Code Manufactured Housing p 8 2 Assisted Living Facilities PUD Ollly 2 ~~ Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities p p p p p p p p 9 5 B. ACCESSORY USES Accessory Building p p p p p p p p p Sec. 3.27 n.a. Carport S S S S S S S S S Sec.3.27.C n.a. Home Occupations Uses p p p p p p p p p 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGR/CULTURAL USES Commercial equestrian boarding stable and school p $ 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use p p p $ $ n.a. Roadside produce stands (year round) S S S $ S $ $ $ S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 2~ Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3- Land Use Page 3- 2 Exhibit "A" Colleyville, Texas, Land Development Code Table 3.24.6- - Schedule of Permitted Principal Uses Cl ifi i U Residential District Non-Residential Districts Special Parking on Land se ass cat C9 Q w ~ 0 a ~ 0 r> ~ o c~ ~ u~, ~ ~ ~ ~ ~'- ~ ~ = ~ O a V z U ~ c) U c~ c) U r~ c) U J ~ Land Use Standards Group Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 2~ Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND /NSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p $ Fire Stations / Police Stations p p p p p p p p p p p p p p p 16 Golf Courses - Public Owned p p p p p p p p p p p P p P P 22 Govemment Maintenance Facilities p p p p p p p p p p p p p p p 25 Libraries p P P P P P 9 Museums p p p P P P $ Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas p p p p p p p p p P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools - Elementary and Secondary S S S $ $ S S $ S S S S $ S $ 13 Private Schools - High School S $ $ S S S $ S S $ S $ $ $ S 14 Public Schools - Elementary and Secondary p p p p p p p p p p p p p p p 13 Public Schools - High School p p p p p p p p p p p P P p P ~a Religious Institutions p p p p p p p p p p P P p P p 18 Chapter 3- Land Use Page 3- 3 Exhibit "A" Colleyville, Texas, Land Development Code Table 3.24.6- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an ca on se ass C7 Q w ~ °~ ~ r°> ~ c°~ oC r ~ c ~ ~ ~ = ~ a c~ z c~ i~ C~ v ~ v c~ ~ ~ Land Use Standards Group F. OFFICE USES Accountant's Offices p p p p p $ Advertising Agencies p p p p p $ Attorney Offices p P p p p 8 Chiropractic Clinics p p p 8 Emergency Clinic (24 hrs.) $ p P 10 6 Engineering, ArchitecYs, and Surveyor's Offices p p p p p 8 General Business Offices not elsewhere listed p p p p p 8 Insurance Agencies p p p p p $ Management and Public Relations Services Offices p p p p p 8 Optometrist Office p p p $ Psychologist Offices p p p P P $ Physician's or Dentist's Offices p p 5 7 Real Estate Agency Offices p P P P p $ Security Broker Offices p p p p p $ Telemarketing Offices P P p 5 Title Abstract Offices p p p p P 8 Trade or Business Schools S S S P ~ 5 Travel Agency / Airline Ticket Offices p p p p P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales - Off-premises Consumption S S S 13 n.a. Alcoholic Beverage Sales - On-premises Consumption S S S 13 n.a. Chapter 3- Land Use Page 3- 4 Exhibit "A" Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L ifi ti d U Cl Residential District Non-Residential Districts Special Parking an on se ass ca 9 Q w ~ 0 ~ ~ 0 c~ ~ o c~ ~ u~, ~ ~ ~ ~ LL ~ ~ = ~ O a U z U ~ c~ U c~ t~ U r> t~ U ~ ~ Land Use Standards Group Alcohol or Drug Treatment Center S $ $ $ $ $ 24 Antique Stores p p 7 Apparel and Accessory Stores p p 7 Arts and Crafts Stores and Hobby Shops p p 7 Bakery Stores p p 7 Banks, Credit Unions and Financial Institutions p p p 8 Barber Shops, Beauty Shops and Day Spas p p p 10 7 Bicycle Shops p p 7 Book, Stationary or Greeting Card Shops p p P 7 Camera or Music Stores p p 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P ~ Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P ~ Dance Studios and Martial Arts Studios S S P P ~ Day Care Centers $ $ $ S S 17 11 DepaRment Stores p p 7 Dry Cleaner Pick-up Stations $ P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7 Equipment Rental and Leasing Stores $ P 7 Florist snops p p p 7 Chapter 3- Land Use Page 3- 5 Exhibit "A" Colleyville, Texas, Land Development Code Table 3.24.6- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification 9 Q w ~ 0 ~ ~ 0 r~ ~ 0 c~ oC ~ r ~ 0 ~ LL ~ ~ = ~ O a U z U ~ c) U c~ c) U cn c) C) J ~ Land Use Standards Group Food Catering P P $ Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Grocery Stores P P ~$ ~ Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S $ $ 24 Hotels and Motels P P ~ 9 Interior Decoration Stores P P P P ~ Jewelry Stores P P P ~ Locksmiths S S P P $ Mailing and Shipping Stores P P P P ~ Meat or Fish Market P P P ~ Nurseries and Greenhouses with outside display $ p p 16 Pawn Shops P ~ Pet Stores P P ~ Pharmacy S P P P 7 Photography Studios P P P P P P $ Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas". S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop $ $ $ ~ Chapter 3- Land Use Page 3- 6 Exhibit "A" Colleyville, Texas, Land Development Code Self-service Laundries S S S S ~ Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification 9 Q w ~ 0 v ~ 0 M ~ 0 c~ ~ ~ .- ~ o ~ LL ~ ~ = ~ O a V z C~ ~- c~ t~ c~ t~ t~ r~ c~ U ~ ~ Land Use Standards Group Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels p p p 4 $ Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P ~ Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTA/NMENT USES Adult Entertainment Establishments See section 22-5 Co de o f Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors $ $ 17 23 Commercial Recreation (outdoor) $ S S S S S 24 Fitness Centers P P P ~ Golf Courses - Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks $ S 24 Theaters P P ~ ~ 8 1. AUTOMOTIVE AND TRANSPORTLITION USES $ $ 17 23 Airports and Heliports S $ $ S $ $ S S S $ $ S S $ $ 24 Auto Alarm / Stereo / Window Tinting Stores p p p 13 7 Auto Lube Shops $ P P 13 9 Chapter 3- Land Use Page 3- 7 Exhibit "A Colleyville, Texas, Land Development Code Automotive and Motor Vehicle Sales S S S 13 8 Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification 7 Q w OC 0 ~ ~ 0 ~n ~ 0 c~ ~ ~ ~ ~ ~ OC '~ ~ ~ = ~ O a U z U ~ c) U N c) U M c~ V J ~ Land Use Standards Group Auto Parts and Accessory Stores p p p 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops p p 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop $ S $ 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S $ $ S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S $ 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S $ S 13 7 Truck and Heavy Equipment Sales and Service $ S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAW COMMERCIAL, INDUSTR/AL 8 MANUFACTUR/NG USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Chapter 3- Land Use Page 3- 8 Exhibit "A" Colleyville, Texas, Land Development Code Building Material Sales with outside storage S P 7 Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential Districts Special Parking Land Use Classification ~ a w ~ 0 ~ ~ 0 r~ ~ 0 cv ~ ~ ~ ~ ^ ~ ~ ~ ~ = ~ O a ~ z ~ r c~ ~ N c~ ~ M c~ ~ ~ ~ Land Use Standards Group Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P $ Electronic Assembly or Manufacturing P 25 Exterminator Shop S $ 24 Food Packaging and Manufacturing $ 24 Furniture and Cabinet Manufacturing P 25 Manufacturing not elsewhere listed S 24 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P $ Printing and Publishing - Commercial P $ Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P $ Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P $ Warehouse and Distribution Facilities S 24 Welding or Machine Shop P 25 Wood, Paper or Leather Products P 25 Chapter 3- Land Use Page 3- 9