OR 297-A-44 Restaurant w/private club shall not be located closer than 300 ft from residential structure AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 297A44
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, BY AMENDING SECTION 29.15 (3) (A), TO PROVIDE THAT
A RESTAURANT WITH A PRIVATE CLUB SHALL NOT BE LOCATED CLOSER THAN
300 FEET FROM ANY RESIDENTIAL STRUCTURE; AMENDING SECTION 29.15 (3) (F)
TO PROVIDE THE METHOD OF MEASUREMENT; DEFINING THE TERM RESIDENTIAL
STRUCTURE AS USED IN SECTION 29.15 (3); PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the Governing Body of the City of
CoppeI1, Texas, in compliance with the laws of the State of Texas with reference to
amending the Comprehensive Zoning Ordinance of the City of Coppei1, have given
requisite notices by publication and otherwise, and after holding due hearings and
affording a full and fair hearing to all parties generally, the said Governing Body is of
the opinion that the Comprehensive Zoning Ordinance of the City of Coppell, Texas,
to wit: Ordinance No. 297, should be amended in the exercise of its legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending Section 29.15 (3) (A) to read
as follows:
..... 29.15 (3) A restaurant with a private club shall not be located closer
than three hundred feet from:
"A. Any residential structure;"
SECTION 2. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending Section 29.15 (3) (F) to read
as follows:
"F. Said measurement to be in a straight line in all directions from the
restaurant with a private club to the nearest point on any lot with an
existing residential structure, day care center, hospital or developed and/or
designated area for a municipal neighborhood park. The measurement for
a structure shall be taken from the nearest point that a structure extends
in any direction, including overhanging roofs and all projections or portions
of said structures.
SECTION 3. That the Comprehensive Zoning Ordinance of the City of Coppell,
Texas, be and the same is hereby amended by amending Section 29.15 (3) by adding
thereto a new Subsection (H) which shall read as follows:
"(H). The term residential structure as used in this Section 29.15 (3), shall mean
any multi-family or apartment building, condominium projeet, town home,
zero lot line home, or any single family dwelling as defined by the
Department of Housing and Urban Development."
SECTION 4. That any part of any ordinance of the City in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and al1 other
ordinances or parts of ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 5. That should any paragraph, sentence, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole or any part or
provision thereof other than the part so decided to be invalid, illegal or unconstitutional
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 6. 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, as heretofore amended, and upon conviction
shah be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00)
for each offense, and that each day such violation shall continue to exist shall constitute
a separate offense.
SECTION 7. This ordinance shall take effect immediately from and after its
passage and publication of its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of ~_~ , 1988.
APPROVED:
~ M A¥~SR
ATTEST:
APPROVED AS TO FORM: