HomeMy WebLinkAboutOrdinances (O-22-2213)-08/16/2022ORDINANCE 0-22-2213
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, SECTION 3.7.B NON -CONFORMING LOTS OF RECORD 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 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
3.7.6 Non -Conforming Lots of Record 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 3.7.13 Non -Conforming Lots of Record
of the Land Development Code is hereby amended to read as
depicted in the attached Exhibit "A".
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.
Ordinance 0-22-2213
Page 2 of 2
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 subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of
August 2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 16TH
DAY OF AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: C—I.TY OF COI
Christine Loven, TRMC Bobby L n
City Secretary Mayor
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
Exhibit "A"
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, 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 1.13.1) and Sections 1.16.E. Exception:
Notwithstanding the foregoing, the City Manager (or their designee) may
administratively approve a variance to a regulation governing lot dimensions
(i.e., lot area, lot width, and lot depth) without City Council approval where
the variance will not modify the existing lot dimensions by more than ten
percent (10%).
*red indicates new proposed language