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OR 91-500-A-419 Deleting referencing to "HI"AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-419 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, COMPREHENSIVE ZONING, TO DELETE ARTICLE 26, SECTIONS 12-26-0 THROUGH 12-26-7, HI (HEAVY INDUSTRIAL) DISTRICT AND ALL OTHER REFERENCES IN CHAPTER 12, ZONING, OF THE CODE OF ORDINANCES AS PROVIDED HEREIN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there are no properties in the City of Coppell zoned Heavy Industrial, and; WHEREAS, the Heavy Industrial district permits a wide variety of undesirable uses that would be inappropriate anywhere within the City, and; WHEREAS, the Planning and Zoning Commission has reviewed this amendment recommended by staff and has sent a recommendation to the City Council to approve the said amendment to the specified sections; and WHEREAS, after review of the Planning and Zoning Commission's recommendation, the City Council is of the opinion that the Heavy Industrial district, and all references to this district should be deleted and the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be, and the same is, hereby amended by repealing Article 26 in its entirety and reserving the same for future use, which shall read as follows: "ARTICLE 26: RESERVED FOR FUTURE USE." SECTION 2. That the Cod of Ordinances of the City of Coppell, Texas, be, and the same is, hereby amended by amending certain Articles and Sections of Chapter 12 to delete all references to the "HP' (Heavy Industrial District), to read as follows: "Chapter 12 ZONING* (Table of Contents) Article 26. RESERVED FOR FUTURE USE 1 78045 ARTICLE 3. ZONING DISTRICTS ESTABLISHED Sec. 12-3-1. Districts established. Light Industrial District Planned Development District Sec. 12-3-2. Definition and purpose of zoning districts. LI Light Industrial District. .. . PD Planned Development District. ... ARTICLE 29. SIGN REGULATIONS Sec. 12-29-1. Definitions. Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC, or LI. Any PD district with the previous listed zoning prefix is also included in this list, unless specifically excluded by its provisions. Sec. 12-29-4. Provisions for business zoning districts. (D) Industrial zoned property: Buildings located within an area zoned LI are permitted to have attached signs as follows: ARTICLE 30. S, OR SUP, SPECIAL USE PERMITS Sec. 12-30-13: RESERVED FOR FUTURE USE Sec. 12-30-14. Business use within residential structures. 2. The term "zoned for business use" as that term is used in the definition of "business use with residential structure" shall mean any zoning classification of the comprehensive zoning ordinance which 2 78045 permits a business or commercial use including the O, R, C, or LI or any business classification within any PD district. Sec. 12-30-16. Restaurant. A restaurant shall be permitted only by special use permit in the "O" office, "R" retail, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial districts, or by special use permit within such districts which are a part of a planned development district. ARTICLE 32. SPECIAL AND ADDITIONAL REGULATIONS Sec. 12-32-5. Special height regulations. 4. Within all districts except the "O" office, "HC" highway commercial, "TC" town center, and "LI" light industrial districts, the height of a flagpole, as measured from the top of the flagpole to the ground, shall not exceed 35 feet. Within the "O" office, "HC" highway commercial, "TC" town center, and "LI" light industrial districts, the height of a flagpole, as measured from the top of the flagpole to the ground, may be greater than 35 feet. ARTICLE 32A. WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS Sec. 12-32A-6. Special use permits in the "LP' light industrial district. (A) General: The following provisions shall govern the grant of special use permits for towers or antennas by the city council and the recommendation of the planning and zoning commission: (1) If the tower or antenna is not a permitted use under section 12-32A-4 or permitted to be approved administratively pursuant to section 12-32A-5, then a special use permit 3 78045 shall be required for the construction of a tower or the placement of an antenna in "LI" light industrial district, as defined in the comprehensive zoning ordinance. ARTICLE 33. SCREENING STANDARDS Sec. 12-33-1. Location of required screening. (F) In the light industrial zoned district; where the site is not adjacent to a residential zoned district or a residential use screening walls shall be constructed of a masonry material and design that is compatible with the adjacent building. ARTICLE 41. BOARD OF ADJUSTMENT Sec. 12-41-3. Powers and duties of board. 3. Special Exceptions. ..... (E) To determine whether an industry should be permitted within the "LI", light industrial district, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts. SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other 4 78045 provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the � day of 2005 TO FORM: E. RAW, CITY ATTORNEY N. STOVER, MAYOR ATTEST: LMBBALL YSECRETARY 5 78045