OR 297-A-25 Regulations for special use classification AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 297A25
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; 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 Coppe]l, 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 26 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 "business use" as that term is used in the definition
of "business property with residential structure" shal! mean
any zoning classification which is not one of the residential
classifications of the Comprehensive Zoning Ordinance.
3. 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 shal! 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. A residential structure located in an area defined as "business
property with residential structure" may not be used to
conduct the business use for which the property is zoned
without first obtaining a special use permit as authorized by
Section 29 of the Comprehensive Zoning Ordinance. Once a
specicial use permit is granted for a business use in a
residential structure, the structure may not be used both as
a residence and as a commercial business and may not
thereafter be couverted back to a residential use without
first obtaining a special use permit under Section 29 of the
Comprehensive Zoning Ordinance.
5. 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.
6. The owner of any property which is a "business property with
residential structure" as that term is defined herein, shah
have a 120-day period to apply for and obtain the specia!
use permit mentioned above and during such 120-day period
the zoning change filing fee shah be waived. Any person
applying for such permit after the 120-day period sha!! pay
the application fee."
SECTION 2. That al! ordinances of the City in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and al! other ordinances of the
City not in conflict with the provisions of this ordinance shah 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 shal! 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 shah 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 shah 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
general welfare of the City. Therefore, this ordinance shah take effect immediately
from and after its passage and publication of its caption, as the !aw in such cases provides.
DULY PA~l{D by the City Council of the City of Coppel!, Texas, this the
day of ~~/ , 1986.
APPROVED'
ATTEST:
APPROVED AS TO F.~RM:
CZ86-0508