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OR 91500-A-551 Amending Chapter 12AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -551 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, THE ZONING ORDINANCE NO. 91500, BY AMENDING ARTICLES 20, 21, 22, 23, 24, AND 27, RESPECTIVELY, BY ADDING SECTIONS 12 -20 -7, 12 -21 -7, 12 -22 -7, 12 -23 -7, 12 -24 -7 AND 12 -27 -7, RESPECTIVELY, TO PROHIBIT OUTSIDE STORAGE AND DISPLAY IN THE RESPECTIVE ZONING DISTRICTS; BY AMENDING ARTICLE 42 — SPECIAL DEFINITIONS BY REPEALING AND REPLACING THE DEFINITION OF AWNING AND OF OUTSIDE STORAGE & DISPLAY, RETAIL STORES & SHOPS AND BY ADDING A DEFINITION FOR CANOPY, GARDEN CENTER AND FOR SCREENED FROM VIEW OF AN ADJACENT PUBLIC STREET; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances be, and the same is, hereby amended by amending Chapter 12, Zoning, by amending Articles 20, 21, 22, 23, 24, and 27, respectively, by adding Sections 12 -20 -7, 12 -21 -7, 12 -22 -7, 12 -23 -7, 12 -24 -7 and 12 -27 -7, respectively, to prohibit outside storage and display in the respective zoning districts, which shall read as follows: "ARTICLE 20. "O" OFFICE DISTRICT REGULATIONS Sec. 12 -20 -7. Outside storage and display. No owner, occupant or operator shall cause, permit, suffer or allow outside storage and /or display of goods and /or services as defined in this chapter, unless screened from public view from an adjacent street, except for the incidental or 1 TM 39199.2.091609 secondary use as a garden center or conducting a special event permitted under Article 6 -5 of the Code of Ordinances. ARTICLE 21. "R" RETAIL, DISTRICT Sec. 12 -21 -7. Outside storage and display. No owner, occupant or operator shall cause, permit, suffer or allow outside storage and /or display of goods and /or services as defined in this chapter, unless screened from public view from an adjacent street, except for the incidental or secondary use as a garden center or conducting a special event permitted under Article 6 -5 of the Code of Ordinances. ARTICLE 22. "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS Sec. 12 -22 -7. Outside storage and display. No owner, occupant or operator shall cause, permit, suffer or allow outside storage and /or display of goods and /or services as defined in this chapter, unless screened from public view from an adjacent street, except for the incidental or secondary use as a garden center or conducting a special event permitted under Article 6 -5 of the Code of Ordinances. ARTICLE 23. "C" COMMERCIAL DISTRICT REGULATIONS Sec. 12 -23 -7. Outside storage and display. No owner, occupant or operator shall cause, permit, suffer or allow outside storage and /or display of goods and /or services as defined in this chapter, unless screened from public view from an adjacent street, except for the incidental or secondary use as a garden center or conducting a special event permitted under Article 6 -5 of the Code of Ordinances. ARTICLE 24. "TC" TOWN CENTER DISTRICT Sec. 12 -24 -7. Outside storage and display. 2 TM 39199.2.091609 No owner, occupant or operator shall cause, permit, suffer or allow outside storage and /or display of goods and /or services as defined in this chapter, unless screened from public view from an adjacent street, except for the incidental or secondary use as a garden center or conducting a special event permitted under Article 6 -5 of the Code of Ordinances. SECTION 2. That the Code of Ordinances be, and the same is, hereby amended by amending Chapter 12, Zoning, by amending Article 42 — Special Definitions by repealing and replacing the definition of awning and outside storage & display, retail stores & shops, and by adding a definition for canopy and screened from view from an adjacent public street, which shall read as follows: "ARTICLE 42. SPECIAL DEFINITIONS Awning: A shelter supported entirely from the exterior wall of a building; a temporary or permanent non - loadbearing projection from an exterior wall of a building designed to provide shade or protection from elements, having a pitched surface which may not be used for any other purpose. A rooflike structure of fabric stretched over a rigid frame projecting from the elevation of a building designed to provide continuous overhead weather protection. Building Residential:.. . Canopy: A roofed structure constructed of metal, wood or any other solid material supported by the building or by support extending to the ground directly under the canopy [and] placed so as to extend outward from the building providing a protective shield from doors, windows, and other openings. Garage, public: ..... Garden Center: The growing, displaying, and /or wholesale or retail sale or handling of plants, shrubs, trees, soils and related materials conducted within or without an enclosed building. 3 TM 39199.2.091609 Outside storage and display Retail stores and shops shall mean the display or offer of all types of consumer goods for sale in the open, outside a building footprint and under a roofline canopy of such building footprint, of groceries, packaged beverages, consumer goods, new or used automobiles, heavy machinery, building materials, used appliances, furniture, vending machines or salvage materials typically not in a fixed position and capable of rearrangement, designed and used for the purposes of advertising or identifying a business, product, or service. For the purpose of this section, the definition of canopy does include any such structure extending outside the building footprint into an area used for motor vehicle traffic. (See Fig. 42- 1 for graphic explanation of this Ordinance). Figure 42 -1 Public Street Public Street Not Allowed Allowed 4 TM 39199.2.091609 School:..... Screened from view from an adjacent public street: A permanent structure of sufficient height to screen material and which in no event extends higher than the exterior wall of the primary building and constructed of the same or similar color and material as the primary building. SECTION 3. That all ordinances and 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 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 portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the 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 of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. 5 TM 39199.2.091609 SECTION 7. That this ordinance shall become effective immediately from and after its passage and 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 # 5 - 5( ttay of 2010. APPROVED: 9 f jet�—� MAY ATTEST: d i/ MGM] la gal MR R0I9ERT E. HAaVitITY ATTORNEY TM 39199.2.091609