OR 297-A-27 Special use classification for business property AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 297A27
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, TO ADD A NEW SECTION 29.13 TO THE SPECIAL USE
SECTION OF THE ZONING ORDINANCE PROVIDING REGULATIONS FOR BUSINESS
PROPERTY ON WHICH RESIDENTIAL STRUCTURES ARE LOCATED; PROVIDING A
REPEALING CLAUSE SPECIFICALLY REPEALING ORDINANCE 297-A-25; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the Governing Body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas with reference to
amending the Zoning Ordinance, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property
owners generally, the said Governing Body is of the opinion that Ordinance No. 297,
the Comprehensive Zoning Ordinance of the City of Coppell, 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 Section 29 of the Comprehensive Zoning Ordinance of the
City (Ordinance No. 297), which establishes the use regulations for the special use
classification, be, and the same is hereby, amended by adding a new Section 29.13 which
shall read as follows:
"29.13 Business Property With Residential Structures
1. The term "business property with residential structure" as
used herein shall mean any tract or property which is "zoned
for a business use" on which there exists a residential
structure which was in existence at the time the property
was zoned for business use.
2. The term "zoned for a business use" as that term is used in
the definition of "business property with residential structure"
shall mean any zoning classification of the Comprehensive
Zoning Ordinance which permits a business or commercial use
including the O, R, C, LI, III or any business classification
within any PD district.
3. RESIDENTIAL STRUCTURE~ DEEMED CONFORMING
Any residential structure located on property defined as
"business property with residential structure" shall be
considered a conforming structure as opposed to a
nonconforming structure, as that term is defined in this
ordinance, and the use of such residential structure as a
residence shall be considered as a conforming use. Such
conforming status shall continue so long as the residential
structure is used for residential purposes, and during such
period of residential use, the property shall be governed by
the regulations of the residential zoning classification, as
amended, that existed at the time such property was zoned
for its business use.
4. WHERE STRUCTURE IS USED ONLY AS A RESIDENCE
Any residential structure located on property defined as
"business property with residential structure" being used only
as a residence will not be required to obtain a special use
permit to continue such residential use but will not be
permitted to start using the residential structure for a business
use without first obtaining a special use permit.
5. WHERE STRUCTURE IS USED ONLY FOR SPECIFIC BUSINESS
Any residential structure located on property defined as
"business property with residential structure" which on the
effective date of this ordinance is being used for a specific
business purpose and not a residential use must hereinafter
obtain a special use permit under this section for the specific
use being conducted in such a structure. Upon proper proof
of the existence of such a business use as of the effective
date of this ordinance, the specific use permit shall be granted,
but once granted the specific business use may not be changed
or the structure converted to a combined residence with the
specific use without a new special use permit.
6. WHERE STRUCTURE IS A COMBINED RESIDENTIAL AND
BUSINESS USE
Any residential structure located on the property defined as
"business property with residential structure" which as of the
effective date of this ordinance is used both as a residence
and for a specific business use must obtain a special use
permit under this section for such combined residential and
specific business use. Upon proper proof of the existence of
such a combined business and residential use as of the
effective date of this ordinance, the special use permit shall
be granted, but once granted the specific business use may
not be changed without first obtaining a new special use
permit.
7. The residential structure located on property defined as
"business property with residential structure" may in any case
be taken down or removed and replaced with a conforming
commercial structure without the necessity of obtaining a
special use permit and thereafter such property shall be
governed by the regulations of the business zoning
classification of such property.
8. A use which would be a "home occupation" under the
Comprehensive Zoning Ordinance shall not be considered a
business use which will have to obtain a special use permit
unless otherwise required to do so by the specific regulations.
9. The owner of any property who is required to obtain a special
use permit pursuant to the provisions of this section and who
files application for such special use permit on or before
January 16, 1987, will not be required to pay the usual zoning
change filing fee. Any applicant applying for such a special
use permit after January 16, 1987, shall pay the application
fee.
SECTION 2. This ordinance is to correct Ordinance 29 7-A-25~ which is specifically
repealed. All other ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. 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 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, as heretofore amended, and upon conviction
shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00)
for each offense, and that each day such violation shall continue to exist shall constitute
a separate offense.
SECTION 5. It is necessary to amend the Zoning Ordinance of the City in order
to permit proper development and in order to protect the public interest, comfort and
genera] welfare of the City. Therefore, this ordinance shall take effect immediately
from and after its passage and publication of its caption, as the law in such cases provides.
DULY PA~SSED by the City Council of the City of Coppell, Texas, this the c~
day of t~~ , 1986.
APPROVED:
ATTEST:
'T~S~ETARY
CITY AT~Y
CZ86-1120