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
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ynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
Ordinance 0-12-1838
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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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
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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
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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
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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
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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
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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
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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
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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