OR 91500-A-544 Accessory structures regulationsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500 -A -544
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES FOR THE CITY OF
COPPELL CHAPTER 12, ARTICLE 35, "ACCESSORY STRUCTURES
REGULATIONS", BY ADDING SECTION 12 -35 -4, "WIND ENERGY
SYSTEMS", TO PROHIBIT WIND ENERGY SYSTEMS WITHIN THE
CITY LIMITS; AND, AMENDING ARTICLE 42. "SPECIAL
DEFINITIONS", SECTION 12 -42 -1, BY ADDING A DEFINITION FOR
WIND ENERGY SYSTEM/WIND TURBINE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 12, Article 35, "Accessory Structures Regulations ", of the
Code of Ordinances be and the same is hereby amended by adding Section 12 -35 -4, "Wind Energy
Systems ", prohibiting wind energy systems within the city limits, which shall read as follows:
"CHAPTER 12
ZONING
ARTICLE 35. ACCESSORY STRUCTURE REGULATIONS
Sec. 12 -35 -4. Wind Energy Systems.
No owner or occupant of any lot or property within any zoning district shall
construct or maintain a wind energy system within the corporate limits of the City."
SECTION 2. That Chapter 12, Article 42, "Special Definitions ", of the Code of
Ordinances be and the same is hereby amended by amending Section 12 -42 -1 to provide a
definition for wind energy systems / wind turbines, which shall read as follows:
"CHAPTER 12
ZONING
ARTICLE 42. SPECIAL DEFINITIONS
Warehouse /distribution: .....
Wind Energy System / Wind Turbine: A wind energy conservation system
consisting of a wind turbine, a tower, mounting components and associated control
or conversion electronics, or any combination thereof.
Yard. .....
SECTION 3. That all provisions of the Code of 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in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
TM 42203.2.2242010
2
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the *-?-A" of
2010.
APPROVED:
J PETERS, MAYOR
ATTEST:
FA I/ M=7Y SECRETARY
A
APPROV TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH /cdb)
TM 42203.2.2242010
3