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HomeMy WebLinkAboutOrd 390-2008 Amending Code of Ordinances Sect 32 Food and Beverage overlay.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 3 ?0 - ci on$ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CODE OF ORDINANCES BY AMENDING PART III, ZONING ORDINANCE, SECTION 32; AMENDING PART III, ZONING ORDINANCE, APPENDIX 2, SCHEDULE OF USES, TABLE 5C, (PAGE 149); EXTENDING THE FOOD AND BEVERAGE OVERLAY DISTRICT; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, after a duly noticed public hearing, the City Council of the City of Anna, Texas ("City Council') has investigated and determined that it would be advantageous and beneficial to the City of Anna, Texas ("City') and its citizens to amend Part III of the Anna Code of Ordinances ("Anna Code"), the Comprehensive Zoning Ordinance ("Zoning Ordinance"), to expand the applicable area of the Food and Beverage Overlay District; and WHEREAS, the City has held the requisite public hearing(s) pertaining to zoning changes within the City; and WHEREAS, the City's Zoning Ordinance is codified as Part III of the City of Anna Code of Ordinances ("Code"); 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 City of Anna Code, the following amendments are made to Part III, Zoning Ordinance, Section 32 and Part III, Schedule of Uses, Table 5C, (page 149) are adopted as follows: 2.01 Part III, Zoning Ordinance, Section 32 of the Anna Code is amended as follows: Section 32. F -B FOOD - BEVERAGE OVERLAY DISTRICT CITY OF ANNA, TEXAS ORDINANCE NO. 3 6- 00 PAGE / OF 3 There is hereby created This Section governs the "F -B — Food - Beverage Overlay District' (also referred to in this section of the Code as "F -B Overlay District'). immediately upon the adoption Gf this 6eGfiGR of the Code, areas The F -B Overlay District shall apply within the corporate limits of the City of Anna in all areas described in Appendix 4 shall . and in all Districts designated as "C-1", "C-2". "C-3" "I-1".'1-2", "CBRD" and 'PD" (where commercial uses are allowed). The regulations contained in this section are intended to be overlay zoning and will be applied in conjunction with all underlying zoning that currently exists within an F -B Overlay District. The regulations of the underlying zoning, and all other applicable regulations, remain in effect. If provisions of the F -B overlay District conflict with provisions of the underlying zoning or any other regulations, the provisions of the F -B Overlay District shall prevail. It shall be unlawful for any Food -Beverage Store to be constructed, erected, or placed cleser-than within 500 feet to of another existing Food - Beverage Store unless the City Council grants a special use permit for a particular establishment that wishes to develop a Food -Beverage Store less than within 500 feet #rem of an existing Food -Beverage Store. An establishment is considered tc be an "existing Food -Beverage Store" once the final plat for its development has been approved by the City Council, even if it is not yet constructed or operational. The measurement of the distance between Food -Beverage Stores shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. 2.02 Part III, Zoning Ordinance, Appendix 2, Schedule of Uses, Table 5C (page 149) is amended so that: (a) the reference on page 149 to'TABLE 5C' be amended to read "TABLE 5B"; and (b) "Food and Beverage store" be added to the Scheduled of Uses in said TABLE 5B as an allowable use in "C-1", "C-2", "C-3", "1-1',11-2", "CBRD" and "PD" (where commercial uses are allowed). 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 CITY OF ANNA, TEXAS ORDINANCE NO. 0'.2008 PAGE 2 OF 3 of any such violation shall be fined in an amount not to exceed $500 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 of Anna 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 of Anna hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one 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. PASSED by the City Council of the City of Anna, Texas, this .9116 day of -V ZlLhe. , 2008. ATTESTED: APPROVED: CITY OF ANNA, TEXAS ORDINANCE NO. M-.700 p PAGE 3 OF 3