HomeMy WebLinkAboutOrd 517-2010 To provide for Retail Ice and Disoensed Water Sale Facilities.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 517-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE
OF ORDINANCES PART III-C, ZONING ORDINANCE, SECTIONS 22.04, 24.04, 26.03,
TABLE 5 OF APPENDIX 2, AND APPENDIX 3; PROVIDING FOR A DEFINITION AND
FOR ZONING AND SPECIFIC USE PROVISIONS RELATING TO RETAIL ICE AND
DISPENSED WATER SALE FACILITIES; PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing retail sales; and
WHEREAS, the City's Zoning Ordinance is codified as Part III-C of the Anna City Code
of Ordinances ("Anna Code"); and
WHEREAS, after a duly noticed public hearing, the City of Anna, Texas City Council has
investigated and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part III-C, Sections 22.04, 24.04, 26.03, Table 5 of Appendix 2, and
Appendix 3 to provide for a definition and zoning of retail ice and dispensed water sale
facilities in the Anna Code; and
WHEREAS, the City has held the requisite public hearing(s) pertaining to zoning
changes within the City and finds that all other procedural and substantive requirements
have been met;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendments
are made to Part III-C, Sections 22.04, 24.04, 26.03; Appendix 2, Table 5; and Appendix 3
as follows:
2.01 Part III-C, Zoning Ordinance, Section 22.04 of the Anna Code is amended as follows:
Ord. 517-2010 Retail Ice &Water Sale Facifity.doc PAGE 1 OF6 10-26-10
22.04 Permitted Specific Uses
The following specific uses shall be permitted when granted in accordance
with Section 37:
(a) hotels and motels, provided that the zoning Lot shall be not less
than one acre.
(b) Dwelling Units, restricted to a total Gross Floor Area of 5,000 square
feet above the ground floor of a-commercial Buildings.
(c) Retail Ice and Dispensed Water Sales. provided that the ice and
water are housed within a structure; that the structure is set back so
that all portions of the structure are either even with or behind the
average front building face of the primary structure(s) in the
surrounding retail area; and that the entire structure be masonry.
(eQ) other uses as may be permitted by the City Council.
(aru uses as listed in Appendix 2 of this Part of the Code.
Ord. No. 517-2010. ado ted 10/26110
2.02 Part III-C, Zoning Ordinance, Section 24.04 of the Anna Code is amended as follows:
24.04 Specific Uses
The following specific uses shall be permitted when granted in accordance
with Section 37:
Specific uses in the C-2 District shall include:
(a) any uses not specifically enumerated in Section 22 that can be
considered commercial in character.
(b) machinery and equipment sales and service establishments for
equipment under one and one-half tons gross weight.
Wl Retail Ice and Dispensed Water Sales. provided that the ice and water
are housed within a structure; that the structure is set back so that all
portions of the structure are either even with or behind the average front
building face of the primary structure(s) in the surrounding retail area; and
that the entire structure be masonry.
Ord. No. 517-2010. ado ted 10/26110
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2.03 Part III-C, Zoning Ordinance, Section 26.03 of the Anna Code is amended as follows:
26.03 Permitted Specific Uses
The following specific uses shall be permitted when granted in accordance
with Section 37:
Specific uses in the C-3 District shall include:
lID Uses as permitted by Specific Use Permit in the Schedule of Uses,
Appendix 2.
!Ql Retail Ice and Dispensed Water Sales. provided that the ice and
water are housed within a structure: that the structure is set back so
that all portions of the structure are either even with or behind the
average front building face of the primary structure(s) in the
surrounding retail area: and that the entire structure be masonry.
(Ord. No.517-2010, adopted10126110)
2.04 Part III-C, Zoning Ordinance, Appendix 2, Table 5 is amended as shown on the follow
page (remainder of this page left blank intentionally):
Ord. 517-2010 Retail Ice &Water Sale Facility.doc PAGE30F6 10-26-10
APPENDIX 2
SCHEDULE OF USES TABLE 5 (CONTINUED)
OFFICE, RETAIL, COMMERCIAL AND SERVICE TYPE USES
~~~-~~~~~ ~~,---.. w ... ~ N ~ f!1 ::c ... N ... ~ Q
8 ~ I , I'; I-;' u. ::c ::c , ... (.) ~ 0:: C') ... ... ~u. U. I , •u. u. u. u. u. u. u. I:I :I (.) z (.) GI (.) 0 ...!.
TYPE OF USE rn rn rn rn rn rn rn :I :I (.)
Ex
Restaurant, with drive-through service 3.5.44d Y Y Y
Ex
Retail Ice and Disoensed Water 8ales 3.5.45b. S 8 S 8 8
Retail shops and stores other than Ex
listed 3.5.45a. Y 8 Y 8 Y 8
Ex
8econd hand store, furniture/clothing 3.5.46 8 8 8 8 8 Y
Ex
8ervice retail 3.5,47 8 8 Y Y Y Y
8exuallyoriented business (see Adult Ex.
entertainment establishment) 3.5.48a
Ex
8hopping center 3.5.48b Y 8 Y Y Y
8hort-Term Loan Agency 8 8
8tudio (photographer musician, artist) Y 8 Y Y Y Y
8tudio for radio and television Y 8 Y Y Y Y 8
Tanning salon Y Y Y Y
Taxidermist 8 8 Y Y Y 8
Theater (indoor) Y 8 Y Y Y 8
Ex
Theater (outdoor) 3.5,49 Y Y
Tool rental shop 8 8 Y Y 8
Trailer, manufactured housing
Ex
or mobile home display and sales 3.5.50 8 8 Y 8
Ex
Trailer rental 3.5.51 8 8 Y 8
Veterinarian clinic (no outside pens) 8 8 Y Y
8 •Veterinarian clinic (outside pens) 8 Y 8
Ex
Washateria 3.5.51 8 Y Y Y 8 8
·The number in this column references a description/definition listed in Appendix 3.
Orc!. 517-2010 Retail Ice &Water Sale Facility.doc PAGE40F6 10-26-10
2.05 Part III-C, Zoning Ordinance, Appendix 3 Descriptions/ Definitions of Uses is
amended as follows:
Ex 3.5.45~. Retail Stores and Shops -Establishments offering all types of
consumer goods for sale, not elsewhere classified, but
excluding the display and sale in the open outside a Building of
new or used automobiles, heavy machinery, Building materials,
used appliances, furniture, or salvage materials.
Ex 3.5.45b. Retail Ice and Dispensed Water Sales -Establishment offering
automated retail sale of bagged or bulk ice. and dispensed
water through a coin-operated machine enclosed in a masonry
structure: ice is frozen and bagged on site.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
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PASSED by the City Council of the City of Anna, Texas, this 26th day of October, 2010.
ATTESTED:
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