HomeMy WebLinkAboutOrdinance No. 2012-1968
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1968
STORM SHELTER ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, BY ADDING SECTION 1013-1600, ENTITLED
"STANDARDS FOR STORM SHELTERS ACCESSORY TO
RESIDENTIAL USE," ESTABLISHING REGULATIONS FOR STORM
SHELTERS; AMENDING THE CODE OF ORDINANCES, APPENDIX A,
SECTION 1013-200, BY ADDING STORM SHELTER TO THE
SCHEDULE OF ACCESSORY USES; BY AMENDING TO SECTION 1013-
100(d), ENTITLED "DEFINITIONS," A DEFINITION FOR "STORM
SHELTER," "TEMPORARY HABITATION OF A STORM STHELTER,"
AND "PERMANENT HABITATION OF A STORM SHELTER;" BY
RENUMBERING SECTION 1013-1600, ENTITLED "APPEALS
PROCESS" TO BE SECTION 10B-1700; AND BY RENUMBERING
SECTION 1013-1700, ENTITLED "ILLUSTRATIONS" TO BE SECTION
IOB-1800; ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "A public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
1
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Appendix A, Section 10B-600, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, is hereby amended by adding a new Section 10B-
1600 which shall read as follows:
"Section 10B-1600. Standards for storm shelters accessory to residential use.
(a) Permit required. All storm shelters require a building permit and associated fees.
(b) Location. No storm shelter shall occupy space in the required front or side yard setback
or be located within a floodplain. Location is measured from the perimeter of the
excavation.
(c) Setbacks from primary structure. All storm shelters must maintain a setback from the
primary structure as designed by a professional engineer.
(d) Setbacks from property lines. Storm shelters shall be located at least three (3) feet from
any property line.
(e) Setbacks from easements. No storm shelter shall be located within any platted or
recorded easement or in conflict any known utility.
(f) Design. Storm shelters shall be designed by a licensed professional engineer and the
plans for the shelter shall include his professional seal.
(g) Dwelling units prohibited. Dwelling within a storm shelter is considered a temporary
use. Permanent habitation of a storm shelter is prohibited.
(h) Utilities limited. Water and sewer lines may not be extended to storm shelter on a
residential lot. Electric utilities are permitted but must use the same meter as the
primary structure.
(1) Equipment. Equipment related to the storm shelter shall not be affixed to any required
perimeter fencing or common fences between property owners.
(j) Maximum building or structure size. Storm shelters may not exceed 120 square feet in
size.
(k) Compliance with building code. All storm shelters are subject to the requirements of the
applicable building code."
2
SECTION 3. That Appendix A, Section 1013-700, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, is hereby amended by adding a new use to Section
1013-200, Table of Permitted Accessory Uses, which shall read as follows:
"Section IOB-200 Table of permitted accessory uses.
Table of Accessory Uses
P=Permitted Use, NP= Not Permitted, S=Specific Use Permit Required
Specific Accessory Use SF MF PD O NS GR C I BP Additional Regulations
Storm Shelter P NP P S S S S S S"
SECTION 4. That Appendix A, Section 1013-100(d),"Definitions," of the
Comprehensive Zoning Ordinance of the City of The Colony, Texas, is hereby amended by
adding definitions for the following:
"Section 10B-100(d). Definitions.
Storm shelter (also storm cellar). An underground room designed to protect the occupants
from violent severe weather, particularly tornadoes.
Temporary habitation of a storm shelter. Shall be defined as a period not to exceed 24 hours
for any given storm occurrence.
Permanent habitation of a storm shelter. Shall be defined as any period of habitation that
exceeds 24 hours for any given storm occurrence or any unlawful continuous habitation of a
storm shelter, regardless of weather conditions."
SECTION 5. That Appendix A, Section 1013-1600, "Appeals Process," of the
Comprehensive Zoning Ordinance of the City of The Colony, Texas, is hereby renumbered as
follows:
"Section 1013-1700, Appeals Process..."
SECTION 6. That Appendix A, Section 1013-1700, "Illustrations," of the
Comprehensive Zoning Ordinance of the City of The Colony, Texas, is hereby renumbered as
follows:
"Section l OB-1800, Illustrations..."
SECTION 7. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
3
SECTION 8. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 9. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 10. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21" day of AuMust , 2012.
ell,
J e McCou y, Mayor
ATTES
Christie Wilson, City Secretary
.f
APPROVED AS TO FORM:
Jeff Moore, City Attorney
4