HomeMy WebLinkAboutOrdinance No. 2012-1985
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1985
ACCESSORY STRUCTURES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION JOB, ENTITLED "REGULATIONS AND
DESIGN GUIDELINES FOR ACCESSORY STRUCTURES," BY
DELETING SECTION JOB IN ITS ENTIRETY AND REPLACING IT
WITH A NEW SECTION JOB, "REGULATIONS AND DESIGN
GUIDELINES FOR ACCESSORY STRUCTURES;" AMENDING THE
CODE OF ORDINANCES, APPENDIX A, SECTION IOB-1700,
ENTITLED "ILLUSTRATIONS," BY REMOVING THE PICTURE
ENTITLED "WOOD-ATTACHED" FROM THE EXAMPLES OF
ACCPETABLE CARPORTS AND REPLACING IT WITH A PICTURE
ENTITLED "ATTACHED CARPORT;" 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 T HE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Page 1
SECTION 2. That Appendix A, Section 1013, of the Comprehensive Zoning Ordinance
of the City of The Colony, Texas, entitled "Regulations and Design Guidelines for Accessory
Structures," is hereby deleted in its entirety and replaced with a new Section 1013, Sections 1013-
100 to 1013- 1700, entitled "Regulations and Design Guidelines for Accessory Structures," which
shall read as follows:
"SECTION lOB
REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES
1013-100. General provisions and standards - All accessory uses.
(a) Accessory uses included. Accessory uses and structures are permitted in all zoning districts unless
specifically prohibited in this Section.
(b) Accessory use/structure. Accessory structures shall include, but not be limited to, fences,
detached garages, storage sheds, carports, gazebos/arbors, pools, patios/patio covers, decks,
recreational and play equipment, swimming pools/hot tubs and greenhouses. See illustrations in
Section 29 for examples of what is acceptable and unacceptable.
(c) Applicable regulations. An accessory use or structure is clearly incidental and secondary to an
existing principal use and does not change the character of the principal use. It is located on the
same parcel as the associated principal use. All accessory uses and structures shall be subject to
the general, dimensional, operational, and use-specific regulations stated in this Code of
Ordinances, in addition to the same regulations that apply to the principal use in each district. In
the case of any conflict between the accessory use/structure standards of this Section and any
other requirement of this Code of Ordinances, the standards of this Section shall control. Building
permit review is required for accessory uses, unless specifically exempted in this Code of
Ordinances.
(d) Definitions. The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning:
Arbor shall mean a stand-alone structure designed with lattice used to support climbing plants.
Cargo container means a pre-manufactured structure that is delivered to a site as a fully
contained unit. This shall include a container- that is designed as a shipping container and used for
portable storage; but shall exclude storage sheds that are assembled at the site. A cargo container,
as defined herein, shall be considered a structure for purposes of the International Building Code.
Carport means a structure that is open on a minimum of two (2) sides and designed or used to
shelter not more than three (3) vehicles and not to exceed twenty-four (24) feet on its longest
dimension.
Donation boxes shall be defined as an unattended booth, receptacle or combination thereof
designed with a door, slot or other opening that is intended to accept and/or store donated items.
Gazebo. An accessory building consisting of a detached, covered, freestanding, open-air structure
not exceeding 300 square feet.
Homemade shall mean constructed by the owner or occupant with new materials in accordance
with the regulations herein.
Page 2
Patio shall mean a level, landscaped and/or surfaced area, also referred to as a terrace, directly
adjacent to a principal building at or within three (3) feet of the finished grade and not covered by
a permanent roof.
Patio cover shall mean a roofed structure supported by columns, which may be attached to or
detached from the principal structure, located over a patio and is open on at least three (3) sides.
Pergola shall mean an arbor or trellis treated architecturally, as with stone columns or similar
massive structure.
Portable on-demand storage container shall mean a transportable, fully-enclosed, box-like
container that is:
(1) Designed for temporary storage of personal property items, wares and/or building materials
or merchandise;
(2) Typically rented to owners or occupants of property for their temporary use; and
(3) Delivered and removed by truck.
Such containers are uniquely designed for their ease of loading from a transport vehicle.
(e) General standai°ds. All accessory uses, structures and activities shall meet the following
standards:
(1) The accessory use or structure:
(A) Directly serves the principal use or structure and is reasonably and customarily
incidental to the principal use or structure;
(B) Is subordinate in area, size and height to the principal structure;
(C) Is located on the same lot as the principal use or structure; and
(D) Is owned or operated by the same person or entity as the principal use or structure.
(2) Maximum lot coverage. The principal use or structure, together with the accessory
use/structure, shall not violate the maximum lot coverage requirements of this Code of
Ordinances or the governing planned development standards, whichever is greater. Lot
coverage shall be defined as the percentage of the property covered by structures including
the primary dwelling "footprint" and all accessory structures. All impervious surfaces shall be
included in the calculation of lot coverage, except swimming pools, hot tubs, sidewalks and
driveways. Projecting balconies, carports, stairways, porches, patio covers, patios and decks
more than thirty (30) inches above grade are also considered when calculating lot coverage,
as are roof overhangs exceeding four (4) feet.
(3) Order of construction. No accessory use or structure, except fences, shall be constructed or
established prior to the principal use or structure.
(4) Prinuny structure. No accessory uses or structures, except fences, are permitted on a lot or
tract without the existence of a primary structure.
(5) Maxinunn number of accessoi-ill uses, buildings and structures. There is no maximum number
of accessory use buildings or structures permitted per lot; however installation of an
accessory use shall not cause the property to exceed the maximum lot coverage. Accessory
uses, buildings and structures that cause the property to exceed the maximum lot coverage are
prohibited and will be denied.
(6) Height_for accessory uses buildings and structures. The maximum height of accessory uses
shall be sixteen (16) feet or the height of the principal structure, whichever is less.
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(7) Roof. Flat roofs are prohibited on carports, patio covers, detached garages and storage
buildings unless the roof of the principal dwelling is also flat.
(8) Quality workmanship. Work must be performed in such a manner that would make the
structure safe and sound and in accordance with the adopted building codes.
(9) Municipal accessory structure. A municipal-owned structure separate from the primary
structure that is used for municipal operations including, but not limited to, structures to
provide shade, ancillary storage, activity space, and similar uses.
1OB-200. Table of permitted accessory uses.
(a) Table as guide to permitted accessory uses. Any accessory use or structure not listed in the Table
of Permitted Accessory Uses will be reviewed in accordance with the standards of item (c) below.
(b) Listed accessory uses. Table IOB-200 lists the types of accessory uses, structures and activities
that are permitted in each of the zoning districts. If a specific accessory use is permitted in a
zoning district, the column underneath the zoning district will be marked with a "P." If the
accessory use or structure is not permitted in a particular zoning district, the column will be left
"blank." If there is a reference contained in the column entitled "additional requirements," please
refer to the cited Section(s) for additional standards that shall apply to the specific accessory use.
(c) Interpretation of unlisted uses. The Development Services Director shall evaluate potential
accessory uses that are not identified in the Table of Permitted Accessory Uses on a case-by-case
basis. In making the interpretation, the Development Services Director shall apply the following
criteria and standards:
(1) The definition of "accessory use" stated in this Code of Ordinances and the general accessory
use standards stated in this Section;
(2) The purpose and intent of the subject zoning district;
(3) Any potential adverse impacts the accessory use may have on other properties in the area,
compared with other accessory uses permitted in the zoning district; and
(4) The compatibility of the accessory use with other principal and accessory uses permitted in
the zoning district.
(d) Municipal accessory structure. The provision of this Section shall apply to a municipal accessory
structure. Upon the submission of a detailed site plan for a municipal accessory structure as
defined herein, the Development Services Director may approve the site plan, except that if strict
application thereof would impair the public health, safety and welfare as determined by the
Development Services Director. In the event that approval is not provided by the Development
Services Director, the City Council may find that placement of such structure protects the health,
safety and welfare of the community and approve it with or without conditions.
[intentionally left blank]
Page 4
Table 1OB-200
Table of Permitted Accessory Uses
P = Permitted Use NP = Not Permitted S = Specific Use Permit
Specified Accessory Use Lj_ L LL See Additional
N a o o z J = CO Regulations
Cargo containers (temporary or long- S S S S S S S S S S Section 1OB-1500
term)
Carports P P P P P P P P P Section 10B-300
Detached garages P P P P P P Section 1OB-400
Municipal accessory structure P P P P P P P P P P P P P P P P
Patios and decks P P P P P P P Section 1OB-500
Patio covers, arbors, gazebos and P P P P P P P P P P P P P P P P Section 1OB-600
pergolas
Portable on-demand storage P P Section 1OB-1400
container (temporary)
Recreational play equipment and P P Section 1OB-800
playhouses
Storage buildings less than 120 square Section 1OB-900
feet or less than eight (8) feet in P P
height accessory to residential uses
I
Storage buildings greater than 120 Section 10B-1000
square feet or greater than eight (8) P P
feet in height
Swimming pools and hot tubs P P P P P P Section 10B-1100
Page 5
10B-300. Standards for carports.
(a) Permit required. All carports require a building permit and associated fees. See illustrations in
Section 29 for acceptable and unacceptable examples.
(b) Location. No carport shall occupy space in the required front or side yard setback.
(c) Setbacks. Detached carports may be located closer than three (3) feet to the primary structure if
the accessory structure is properly permitted, is not used for storage, and does not have walls.
Attached carports may be attached to the primary structure. When a carport is attached to the
primary structure, the setbacks shall be the same as for the primary structure itself, with the
exception of the rear setback, which shall be a minimum of three (3) feet from the property line.
(d) Setbacks from easements. No carport shall be located within any platted or recorded easement or
over any known utility, unless the easement grantee(s) and the property owner enter into, and are
granted, a license agreement to allow the easement encroachment.
(e) Design. Carports shall be designed to be in accordance with the adopted International Residential
Code, as amended. See illustrations in Section 29 for acceptable and unacceptable examples.
(f) Material. Carports shall be constructed of wood, metal, brick, stone or other masonry material
intended for the exterior of a structure.
(g) Utilities limited. Water and sewer lines may not be extended to a carport. Electric utilities are
permitted but must use the same meter as the primary structure.
10B-400. Standards for detached garages.
(a) Permit required. All detached garages require a building permit and associated fees. See
illustrations in Section 29 for acceptable and unacceptable examples.
(b) Location. No detached garage shall occupy space in the required front or side yard setback.
(c) Setback from primcny structure. All detached garages must maintain a three (3) foot setback from
the primary structure.
(d) Setback from property lines. Detached garages shall be located at least three (3) feet from any
property line.
(e) Setbacks from easements. No detached garage shall be located within any platted or recorded
easement or over any known utility, unless the easement grantee(s) and the property owner enter
into and are granted a license agreement to allow the easement encroachment. A copy of the
completed license agreement shall be submitted with the building permit application.
(f) Design. Detached garages shall be designed in accordance with the adopted International
Residential Code, as amended. The exterior walls of detached garages must be a minimum of
seventy (70) percent brick, natural stone, or EIFS (exterior insulation and finishing system)
construction and be similar in style and content of the primary structure, unless the governing
planned development has exterior materials standards that differ from this Code of Ordinances.
In that case, the governing planned development standards would apply. See illustrations for
acceptable and unacceptable examples.
(g) Dwelling emits prohibited. No dwelling unit shall be located in any detached garage.
(h) Utilities limited. Water and sewer lines may be extended to a detached building or structure on a
residential lot or parcel but must use the same meter as the primary structure. Electric utilities are
permitted but must use the same meter as the primary structure.
Page 6
1OB-500. Standards for patios and decks.
(a) Permit required. Any patio or deck accessory to a residential use that is greater than thirty (30)
inches in height from ground level and/or 120 square feet in area requires a building permit and
associated fees. See illustrations for acceptable and unacceptable examples.
(b) Location. No patio or deck shall occupy space in the required front yard setback. Patios or decks
located in the side yard setback must be blocked from public view by an appropriate form of solid
screening. Appropriate forms of solid screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(c) Setback from primal y structure. Patios and/or decks may be closer than three (3) feet to the
primary structure, if the patio or deck is properly permitted, is not used for storage, and does not
have walls.
(d) Setback fi°om property lines. Patios and decks shall be located at least three (3) feet from any
property line.
(e) Setbacks from easements. No patio or deck shall be located within any platted or recorded
easement or over any known utility, unless the easement grantee(s) and the property owner enter
into and are granted a license agreement to allow the easement encroachment. A copy of the
completed license agreement shall be submitted with the building permit application.
(f) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half ('/z) of the principal dwelling's
footprint.
(g) Utilities limited. Water and sewer lines may be extended to a detached building or structure on a
residential lot or parcel but must use the same meter as the primary structure. Electric utilities are
permitted but must use the same meter as the primary structure.
JOB-600. Standards for detached patio covers, arbors, gazebos and pergolas.
(a) Permit required. All detached patio covers, arbors, gazebos and pergolas over 120 square feet in
area and/or eight (8) feet in height require a building permit and associated fees. See illustrations
for acceptable and unacceptable examples.
(b) Location. No detached patio cover, arbor or gazebo shall occupy space in the required front yard
setback. Detached patio covers, arbors or gazebos located in the side yard setback must be
blocked from public view by an appropriate form of solid screening. Appropriate forms of solid
screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(c) Setback from primacy structure. Detached patio covers, arbors and gazebos shall be located at
least three (3)foot setback from the primary structure.
(d) Setback from property lines. Detached patio covers, arbors and gazebos shall be located at least
three (3) feet from any property line.
Page 7
(e) Setbacks fi-om easements. No detached patio cover, arbor or gazebo shall be located within any
platted or recorded easement or over any known utility, unless the easement grantee(s) and the
property owner enter into and are granted a license agreement to allow the easement
encroachment. A copy of the completed license agreement shall be submitted with the building
permit application.
(f) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half of the principal dwelling's footprint.
See Section 1013. 100 (e)(2) for standards on maximum lot coverage.
(g) Design. Detached patio covers, arbors, gazebos and pergolas shall be constructed of wood, metal,
vinyl or masonry material designed for use on the exterior of a structure.
(h) Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or
building.
G) Utilities limited. Water and sewer lines may be extended to a detached building or structure on a
residential lot or parcel but must use the same meter as the primary structure. Electric utilities are
permitted but must use the salve meter as the primary structure.
0) Enclosure of detached patio covers, gazebos and pergolas. One (I)story detached patio covers,
gazebos and pergolas, up to the maximum height allowed by this ordinance, may be enclosed
with insect screening or translucent or transparent plastic not more than 0.125 inch (3.2
millimeters) in thickness or any combination of thereof. Detached patio covers, gazebos and
pergolas must also meet the following criteria:
(1) The enclosed patio covers, gazebos and pergolas shall only be used for recreational, outdoor
living purposes and not for carports, garages, storage room or habitable rooms; and
(2) Any solid wall constructed as part) of detached patio covers, gazebos and pergolas enclosure
must not exceed two (2) feet in height from adjacent grade.
(0?d..Vo, .,011-110). .'..S-3_10/l)
IOB-700. Standards for attached patio covers.
(a) Permit required. All attached patio covers require a building permit and associated fees. See
illustrations for acceptable and unacceptable examples.
(b) Location. No attached patio cover shall occupy space in the required front yard setback. Attached
patio covers located in the side yard setback must be blocked from public view by an appropriate
form of solid screening. Appropriate forms of solid screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(c) Attachment to primary structure. Attached patio covers must be attached to the primary structure.
When a patio cover is attached to the primary structure, the setbacks for the patio cover shall be
the same as for the primary structure itself, with the exception of the rear setback, which shall be
a minimum of three (3) feet from the property line. (d) Setback from property lines. Attached
patio covers shall be located at least three (3) feet from any property line.
(e) Setbacks,fr•om easements. No attached patio cover shall be located within any platted or recorded
easement or over any known utility, unless the easement grantee(s) and the property owner enter
Page 8
into and are granted a license agreement to allow the easement encroachment. A copy of the
completed license agreement shall be submitted with the building permit application.
(f) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
attached accessory building, structure or use shall not exceed one-half of the principal dwelling's
footprint. See Section 1O13.100 (e)(2) for standards on maximum lot coverage.
(g) Design. Attached patio covers shall be constructed of wood, metal, vinyl or masonry material
designed for use on the exterior of a structure. See attached illustrations for acceptable and
unacceptable examples.
(h) Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or
building.
(i) Utilities limited. Water and sewer lines may be extended to an attached building or structure on a
residential lot or parcel but must use the same meter as the primary structure. Electric utilities are
permitted but must use the same meter as the primary structure.
0) Enclosure of attached patio covers. One (1)story attached patio covers, up to the maximum height
allowed by this section, may be enclosed with insect screening or translucent or transparent
plastic not more than 0.125 inch (3.2 millimeters) in thickness or any combination of thereof.
Attached patio covers must also meet the following criteria:
(1) The enclosed patio cover shall only be used for recreational, outdoor living purposes and not
for carports, garages, storage room or habitable rooms;
(2) Any solid wall constructed as part of attached patio cover enclosure must not exceed two (2)
feet in height from adjacent grade; and
(3) Where openings for emergency egress from the dwelling to the attached patio enclosure exist,
the attached patio enclosure must also have exterior openings meeting the requirements of the
7 adopted /building code/.1
lOB-800. Standards for recreational play equipment and playhouses.
(a) Location. No recreational play equipment or playhouse shall occupy space in the required front
yard setback. Recreational play equipment or playhouses located in the side yard setback must be
blocked from public view by an appropriate form of solid screening. Appropriate forms of solid
screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(b) Setback fi-om property lines. Recreational play equipment or playhouses shall be located at least
three (3) feet from any property line.
(c) Setbacks fi°om easements. No recreational play equipment or playhouse shall be located within
any platted or recorded easement or over any known utility, unless the easement grantee(s) and
the property owner enter into and are granted a license agreement to allow the easement
encroachment. A copy of the completed license agreement shall be submitted with the building
permit application.
Page 9
(d) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half ('/z) of the principal dwelling's
footprint. See Section I OB.100 (e)(2) for standards on maximum lot coverage.
(e) Utilities limited. Water and sewer lines may not be extended to a detached building or structure
on a residential lot or parcel. Electric utilities are permitted but must use the same meter as the
primary structure.
1OB-900. Standards for storage buildings/greenhouses less than 120 square feet in area and/or less
than eight (8) feet in height.
(a) Permit required. All storage buildings/greenhouses less than 120 square feet in area and/or less
than eight (8) feet in height do not require a building permit. See illustrations for acceptable and
unacceptable examples.
(b) Location. No storage building/greenhouse shall occupy space in the required front. Storage
buildings less than 120 square feet in area or less than eight (8) feet in height located in the side
yard must be blocked from public view by an appropriate form of solid screening. Appropriate
forms of solid screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(c) Setback from primary structure. Storage buildings/greenhouses less than 120 square feet in area
and/or greater than eight (8) feet in height must maintain a three (3)foot setback from the primary
structure.
(d) Setback frrom property lines. Storage buildings/greenhouses less than 120 square feet in area or
less than eight (8) feet in height may be placed on the rear or side as long as the overhang and/or
eaves do not encroach any adjacent property line, and so long as no water runoff is allowed to
encroach any adjacent property.
(e) Setbacks.fi•om easements. No storage building/greenhouse shall be located within any platted or
recorded easement or over any known utility.
(f) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half of the principal dwelling's footprint.
See Section I OB.100 (e)(2) for standards on maximum lot coverage.
(g) Divelb77g amity prohibited. No dwelling unit shall be located in any accessory structure or
building.
(h) Utilities limited. Water and sewer lines may not be extended to a detached building or structure
on a residential lot or parcel. Electric utilities are permitted but must use the same meter as the
primary structure.
1013-1000. Standards for storage buildings/greenhouses greater than 120 square feet in area or
greater than eight (8) feet in height.
(a) Permit required. All storage buildings/greenhouses greater than 120 square feet in area or greater
than eight (8) feet in height require a building permit and associated fees. See illustrations for
acceptable and unacceptable examples.
(b) Location. No storage building/greenhouse shall occupy space in the required front yard. Storage
buildings greater than 120 square feet in area or less than eight (8) feet in height located in the
Page 10
I
I~
side yard must be blocked from public view by an appropriate form of solid screening.
Appropriate forms of solid screening are:
(1) Living wall consisting of evergreen plant material spaced a minimum of three (3) feet on
center and eight (8) feet in height at time of mature growth;
(2) Wood fence a minimum of eight (8) feet in height;
(3) Masonry wall a minimum of eight (8) feet in height.
(c) Setback from primary structure. Storage buildings/greenhouses 120 square feet in area and/or
greater than eight (8) feet in height must maintain a three (3)f6ot setback from the primary
structure.
(d) Setback fu°om property lines. Storage buildings/greenhouses 120 square feet in area and/or less
than eight (8) feet in height may be placed on the rear or side as long as the overhang and/or
eaves do not encroach any adjacent property line, and so long as no water runoff is allowed to
encroach any adjacent property.
(e) Setbacks.from easements. No storage building/greenhouse shall be located within any platted or
recorded easement or over any lrnown utility, unless the easement grantee(s) and the property
owner enter into and are granted a license agreement to allow the easement encroachment. A
copy of the completed license agreement shall be submitted with the building permit application.
(f) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half ('/z) of the principal dwelling's
footprint. See Section IOB.100 (e)(2) for standards on maximum lot coverage.
(g) Design. Storage buildings/greenhouses shall be designed to be compatible, to the maximum
extent practicable, with the principal building(s).
(h) Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or
building.
G) Utilities limited. Water and sewer lines may not be extended to a detached building or structure
on a residential lot or parcel. Electric utilities are permitted but must use the same meter as the
primary structure.
lOB-1100. Standards for swimming pools and hot tubs.
(a) Permit required. All swimming pools and hot tubs require a building permit and associated fees.
(b) Location. No swimming pool or hot tub shall occupy space in the required front yard setback.
Location is measured from the perimeter of the excavation.
(c) Setback./rom primary structure. Swimming pools and hot tubs must maintain a three (3)foot
setback from the primary structure. Setback is measured from the perimeter of the excavation.
(d) Setbackf wn property lines. Swimming pools and hot tubs must maintain a three (3) foot setback
from any property line. Setback is measured from the perimeter of the excavation.
(e) Setbacks Jrom easements. No swimming pool or hot tub shall be located within any platted or
recorded easement or over any known utility. Setback is measured from the perimeter of the
excavation.
(f) Equipment. No equipment may be placed within the required or established front yard as defined
in subsection (a) of this section, or within any easement. Equipment in relation to the pool and/or
hot tub shall not be affixed to any required perimeter fencing or common fences between property
owners.
Page 11
(g) Maximum building or structure size on a residential lot or parcel. The maximum footprint of any
detached building, structure or use shall not exceed one-half ('/z) of the principal dwelling's
footprint. See Section IOB.100 (e)(2) for standards on maximum lot coverage.
(h) Compliance with building code. All swimming pools and hot tubs are subject to the requirements
of the applicable building code.
1013-1200. Special exception procedures.
(a) Special exception request. In the event a proposed accessory structure does not comply with the
regulations in this Section, the owner of the proposed accessory structure may request a Special
Exception before the Board of Adjustment.
(b) Special exception process. Upon submission of an application for a Special Exception, the case
shall be scheduled for Development Review Committee (DRC) consideration. The DRC shall
consider the case and make a recommendation to the board of adjustment. The Board of
Adjustment shall consider the case during a public hearing for which proper notification has been
made. Proper notification is defined as fifteen (15) days prior to the public hearing a notice will
be posed in the newspaper and written notification with response forms will be sent to property
owners within 200 feet of the affected property. The Board of Adjustment shall make a
determination on the requested Special Exception. All Board of Adjustment decisions on Special
Exceptions are final.
(c) Application required. An application for a Special Exception, any revision of a previously
approved Special Exception application, or any reconstruction, enlargement, extension, moving
or structural alteration of an approved Special Exception shall be submitted in writing to the
DRC, accompanied by the following:
(1) A complete application with applicable fees;
(2) A written statement describing the proposed use;
(3) A site plan of the proposed accessory use or structure showing the following:
(A) Placement of proposed and existing accessory uses or structures on the lot;
(B) Square footage of proposed and existing accessory uses or structures;
(C) Distance from proposed and existing accessory uses or structures to property lines,
easements, and the primary structure on the lot; and
(D) Location of proposed screening.
(d) Architectural plans. Architectural plans showing the following:
(1) Elevations of the proposed accessory use or structure if applicable;
(2) Details of proposed screening.
(e) Consideration for Special Exception. In reviewing an application of a Special Exception, the
Board of Adjustment will take the following criteria in consideration:
(1) DRC recommendation;
(2) The impact on adjacent property owners;
(3) The existence of a hardship that is not a result of the property owner's action;
(4) The location and height of the proposed accessory structure or use;
(5) The compatibility with the existing uses on the lot and surrounding uses;
Page 12
(6) Provision of adequate access to the accessory use or structure, existing uses on the lot, and
surrounding properties for fire and police protection; and
(7) The impact of the proposed accessory use or structure on provision of public facilities.
(f) Limitation on reconsideration of requests. No appeal to the Board of Adjustment for a Special
Exception shall be allowed prior to the expiration of one (1) year from a previous ruling by the
Board of Adjustment on a request for Special Exception. A request for a Special Exception may
be heard prior to the one (1) year expiration date if a change of circumstances exists, but such
conditions shall not have any force in law to compel the Board of Adjustment, after a hearing, to
grant a subsequent appeal; such subsequent appeal shall be considered entirely on its merits and
the peculiar and specific conditions related to the property on which the appeal is brought.
1OB-1300. Standards and regulations for donation boxes.
(a) Prohibitions; regulations.
(1) Residential zoning districts. No person, owner or occupant shall cause, permit, suffer or allow
a donation box as defined herein or any bin, trailer, or receptacle without an attendant, on any
lot, tract or property within a residential zoned district.
(2) Nonresidential zoning districts. No person, owner or occupant shall cause, permit, suffer or
allow a donation box, as defined herein, on any lot, tract or property within a nonresidential
zoned district without first having obtained a permit in accordance with this section. The
following information shall be required on all permits:
(A) Name, address and telephone number of the person installing, placing or maintaining
the donation box;
(B) A statement to identify the zoning district, and the location by lot and block number
and/or street number; and
(C) The permit shall list the date the fee was paid and the amount paid. A separate permit
shall be issued for each donation box located in accordance with this section and each
permit shall expire on the first anniversary date following the issuance of the permit.
(b) Special regulations. The Chief Building Official or designee shall issue an annual permit for a
donation box to an owner of occupant of real property located in a nonresidential zoning district
upon payment of the prescribed fee and under the following conditions:
(1) Letter from property owner consenting to the location of the donation box;
(2) Maximmn of one (1) donation box per lot or contiguous lots under common ownership or
occupancy;
(3) The donation box shall not be located within the designated fire lane or hinder the movement
of emergency public safety vehicles and/or equipment;
(4) The donation box shall not be located within required parking spaces or within or
immediately adjacent to designated handicap parking areas;
(5) Building materials and color of such donation boxes shall be compatible to the primary
structure and may not include any of the following:
(A) Metal;
(B) Fiberglass; or
(C) Cement material, except Hardi Plank.
Page 13
(6) Donation boxes shall be painted or stained in natural earth-tone colors which are compatible
to the main structure;
(7) Screening by a fence or other compatible screening materials is required to screen any storage
located outside the donation box; and
(8) Signage shall be compatible to the wall-sign regulations contained in the Code of Ordinances.
A signage schematic drawing shall be submitted and approved by the building official for
each donation box.
(c) Permit fee. A permit fee shall be established by resolution of the City Council.
(d) Notification. It shall be the responsibility of the person installing, placing, constructing or
maintaining a donation box to immediately notify the building official in writing of any changes
in the names and addresses required in this article. Upon receiving written notice of the change,
the building official or designee shall securely attach the written notice of the change to the copy
of the permit on file in the Development Services Department.
(e) Maintenance. Any person having received a permit for placement of a donation box as defined
herein shall maintain such structure in a good and sufficient condition.
10B-1400. Standards and regulations for temporary portable on-demand storage container.
(a) When allowed. A portable on-demand storage structure may be utilized as a temporary structure
within the City when in compliance with the standards of this subsection. Any use of such
structures within the City not in compliance with this subsection shall be unlawful.
(b) General requirements for Moving or off-premises storage purposes. The following general
requirements shall apply to all portable on-demand storage containers temporarily delivered to
properties within residential zoning districts for moving or off-premises storage purposes:
(1) A no-cost permit is required to be obtained from the City in order to place the temporary
portable on-demand storage containers. An official permit placard, which includes the permit
number and expiration date, shall be issued to the applicant who will affix the issued placard
to the portable on-demand storage container(s) to be visible from the street or alley.
(2) Portable on-demand storage containers are allowed on the subject property for no longer than
seven (7) continuous days from time of delivery to time of removal.
(3) A portable on-demand storage container may be utilized onsite for a period not to exceed
twenty-eight (28) days in any 365-day period.
(4) Portable on-demand storage containers shall be located in such a manner as to not impair a
motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or
exiting a right-of-way or alley.
(5) Portable on-demand storage containers shall be located in such a mauler as to not obstruct
the flow of pedestrian or vehicular traffic.
(6) Portable on-demand storage containers shall not be parked within the street right-of way,
alley or sidewalk area.
(7) Portable on-demand storage containers shall be placed on a concrete or asphalt surface of the
dwelling, but no closer than five (5) feet from the front property line. Any portable storage
container must also comply with the side lot setback requirements.
(8) Portable on-demand storage containers shall not be used for retail sales or any other principal
use.
Page 14
(9) Two (2) portable on-demand storage containers may be located on a specific piece of
property within the City at one (1) time with each portable on-demand storage container
individually limited to the duration time period established herein.
(10) Portable on-demand storage containers placed shall not exceed eight and one-half (8'/i) feet
in height, ten (10) feet in width, and twenty (20) feet in length.
(c) General requirements for construction purposes. The following general requirements shall apply
to all portable on-demand storage containers temporarily delivered to properties within all zoning
districts for construction purposes:
(1) A no-cost permit is will be issued with the issuance of a building permit for required to be
obtained from the City in order to place the temporary portable on-demand storage
containers. An official permit placard, which includes the permit number and expiration date,
shall be issued to the applicant who will affix the issued placard to the portable on-demand
storage container(s) to be visible from the street or alley.
(2) A portable on-demand storage container used in conjunction with construction purposes is
allowed on the subject property from the time of delivery to the time of removal as long as a
valid building permit is in effect.
(3) A portable on-demand storage container must be removed from the property prior to the final
inspection of a valid building permit or within thirty (30) days after the expiration of a valid
building permit.
(4) Portable on-demand storage containers shall be located in such a manner as to not impair a
motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or
exiting a right-of-way or alley.
(5) Portable on-demand storage containers shall be located in such a manner as to not obstruct
the flow of pedestrian or vehicular traffic.
(6) Portable on-demand storage containers shall not be parked within the street right-of-way or
alley.
(7) Portable on-demand storage containers shall be placed on a concrete or asphalt surface of the
dwelling, but no closer than ten (10) feet from the front property line. Any portable storage
container must also comply with the side and rear lot setback requirements.
(8) Portable on-demand storage containers shall not be used for a construction office or any other
use other than for storage.
(9) Two (2) portable on-demand storage containers may be located on a specific piece of
property within the City at one (1) time with each portable on-demand storage containers
individually limited to the duration time period established herein.
(10) Portable on-demand storage containers placed shall not exceed eight and one-half (8'/z) feet
in height, ten (10) feet in width, and twenty (20) feet in length. (d) Exceptions. In the case
of emergencies, such as floods, windstorms, fires, or other acts of God, and manmade
disasters such as sewage backups, water leaks, electrical overloads and other such events that
damage property, the Chief Building Official or Community Image Officers may make
reasonable allowance for the extension of all time periods, limits on numbers of portable on-
demand storage containers, locations of containers on the property and other appropriate
waivers where necessary, to assist in recovery, restoration, mitigation of further damage and
reconstruction efforts.
(e) Enforcement. When the Chief Building Official finds a tenant, occupier of land, owner of
property or registered person that is in violation of the provisions of this Section, the Chief
Page 15
Building Official may issue a "notice of violation" to remove the portable on-demand storage
containers, and direct the person(s) not complying to remove the violating container no later than
ten (10) business days from the date said notice of violation was delivered or posted on the
subject property or portable on-demand storage container(s).
IOB-1500. Cargo Containers.
Cargo containers shall not be stored, maintained, or otherwise kept on any property within the City except
as follows:
(a) Short-term uses. The following short terns uses of cargo containers may be permitted:
(1) Temporary storage. One (1) cargo container may be used for temporary storage in any
nonresidential zoning district, provided that approval of a Specific Use Permit is obtained,
pursuant to Section 10-900, Specific Use Permit, of Appendix A, Zoning, of the Code of
Ordinances, and the cargo container does not exceed a height of eight and one-half (8'/z) feet,
a width of eight (8) feet, and a length of forty (40) feet. The time period for which a cargo
container may be used for temporary storage under this subsection shall be established
through the Specific Use Perinit, but in no case shall exceed twelve (12) months in a three (3)
year period. A cargo container approved pursuant to this subsection shall also require
approval of a building permit.
(2) Temporary storage oii City property. For City-owned property (regardless of the underlying
zoning district), one (1) or more cargo containers may be permitted for a period not to exceed
twelve (12) months in the three (3) year period with the approval of the City Manager or his
designee. A cargo container approved pursuant to this subsection shall not require approval of
a building permit.
(b) Long-term uses. The following long-term (longer than one [1] year) uses of cargo containers may
be obtained pursuant to Section 10-900, Specific Use Permit, of Appendix A, Zoning, of the Code
of Ordinances, provided that no one (1) cargo container exceeds a height of eight and one-half
(8'/z) feet, a width of eight (8) feet, and a length of forty (40) feet. Additionally, each cargo
container shall be painted an earth-tone color that is approved by the Development Services
Director and shall not contain any names, logos, or other markings painted on, or otherwise
attached to, the exterior of the container. A building permit shall be obtained for the long term use
of a cargo container:
(1) Long-tern storage. The use of a cargo container for long-term storage may be permitted,
provided the cargo container is substantially screened from view from any other private
property, public right of way, or street easement, subject to the review and approval of the
Development Services Director. A site plan shall be submitted with the review of a building
permit for the long-term use of a cargo container under this subsection.
(2) City uses. For City-owned property (regardless of the underlying zoning district), one (1) or
more cargo containers for long-term storage use may be permitted with approval of the city
manager. The number of cargo containers allowed and the time period for which a cargo
container may be used under this subsection shall be established by the City Manager or his
designee.
(c) Development standards. The following development standards shall apply to all cargo containers
for short-term or long-tern uses:
(1) A scaled site plan drawn to show the location of all existing buildings, parking spaces, and
the size and location of the proposed cargo container(s) shall be submitted. Additionally, the
site plan shall show all slopes on the lot, as well as all slopes adjacent to the subject site.
Page 16
(2) Cargo containers shall be set back a minimum ten (10) feet from any property line and five
(5) feet from another cargo container or other structure.
(3) Cargo containers shall not block, obstruct, or reduce in any manner any required exits,
windows, vent shafts, parking spaces, fire lanes, and/or access driveways.
(4) Cargo containers shall not be stacked on top of each other or on any other structure.
(5) Cargo containers shall not be used to store hazardous materials.
(6) Refuse and/or debris shall not be stored in, against, on, or under the cargo container.
(7) Cargo containers shall not be used for human habitation.
(8) Cargo containers shall not have any factory-built or field-applied electrical, plumbing,
heating, or air conditioning systems. Furthermore, the cargo container shall not be connected
to a power system.
(9) Cargo containers shall be constructed of steel or aluminum with a minimum 14-gauge
thickness, except for a wood floor within the metal shell. Structural plans and calculations are
not required.
(10) Although a permanent foundation is not required, cargo containers shall be installed on a
concrete or asphaltic concrete pad and/or slab which is maintained in a level and plumb
condition with a maximum differential settlement to grade of two (2) inches.
(d) Exceptions. In the case of emergencies, such as floods, windstorms, fires, or other acts of God,
and manmade disasters such as sewage backups, water leaks, electrical overloads and other such
events that damage property, the Chief Building Official or Community Image Officers may
make reasonable allowance for the extension of all time periods, limits on numbers of cargo
containers, locations of cargo containers on the property and other appropriate waivers where
necessary, to assist in recovery, restoration, mitigation of further damage and reconstruction
efforts.
(e) Ent6rcement. When the Chief Building Official finds a tenant, occupier of land, owner of
property or registered person that is in violation of the provisions of this Section, the Chief
Building Official may issue a "notice of violation" to remove the cargo containers, and direct the
person(s) not complying to remove the violating container no later than ten (10) business days
from the date said notice of violation was delivered or posted on the subject property or cargo
container(s).
1013-1600. Appeals Process.
All appeals requested for this section must be filed in accordance with Section 21 of the Zoning
Ordinance and V.T.C.A., Local Government Code chapter 211.
1013-1700. Illustrations.
See Exhibit A of this Ordinance, which is attached hereto and incorporated herein for all purposes."
Page 17
The followin_ are examples of AC-(- EPTABLL- Car port:
s A
t, 6w
Metal Sicliua
Now on bll~
Attached Carport
Brick;'titoue;`N ti,
The foll<-ixin-aare exam wle; of UNAC'C'EPTABLE
e
Metal Tobias ~~1ii~l_ Flat Roof- Detached
i
R
Substandard Material or Work Portable Structures
Page 18
3tr I~r191,st ill! ;Ile .'~.ti111)3C• ,.,I A( I=I'-I Dc1;1k:31cd
t '
~i.1111_; 1311C1i
rA
~ nnrr nr~trl
Ali
L; Iti tit~alit
The follt~u-hu, are example, of L`\A(-('EPT.-\,BLE Delaclled GZra_~es:
100,
Mule 1111111 Mole 111,111 if-Ylo tiIcel
r
~ op/v
!
fit Ap t
J.
Mole 111.111 ;'Y, , Wood tilfj),talltl.lltl ~I11~11,11 itl
Page 19
The follo>,vinLaare eLalnl?le < f ACCEPTABLE Patio;: Deck:
ai ,
v l 11
lip
00
i.
15 P-
7' AP
file titone
aI
A
till
t~'cltill t_ tlllClrt2
The followint, are exam }le of LNACCEPTABLE Patios Decl:~:
L-i fini;lied or incoul plete work ~ub:tandard Material or ~A'ork
P.„
k K-Z~
Unapproved cieckr'patio material Not built accolto buildhiL, code
Page 20
The following are example,, of ACCEPTABLE Patin Cove, s. -Al-bors & Gazebos:
'a.
vs,; ~ ~ per" _ ~~r•,+^ ~ _ ~ re_~ ~ 9
Zia
s xJJ _ M `i. ai
c>
MWI_
Fiber_la„ ooci iiit°l or NIet,il
t
4 a
Wood \1,~~0111t'
The folloNviti2 are examples of t-tACCEPTABLE Patio Corers. Arbon & Gazebos:
1 •P•~F
n
r It
u Enclo-'ot Exterior IlVa11, Substandard NSaterial or Work
~ ■ ~ . jam.
Ai -
Sub,,nlndart_I ~~laterial
Page 21
The followinu are e%aln ale, of ?ACCEPTABLE Storage Buildin-a, i,:iin- size);
4 -1
LAN.
-qu
r
jrgpllp
Slihn'~ Heavy Duty Plastic de l''ned ti=,t <,ll h 11e
+r-
f ~
'Wood Heavv Dlry Plastic tlesi_ned for such li,e
Metal Bann 'Style
Allimilllull Hardy Board or l\lasonry Product
Page 22
The fi-ARm-inu are etanwle; ~)f I.1A(_'(EPT.ABI..E Sty>r ai ,.e Bulldlrl_~ i ant :ize
i
rt•
St1tlC(111'C 11,J( de,1101 It1C11 tlae Public. all%*'i-' oiI Tent SIN'le Ilk
C A,
Sub,taiuiard Material or Woil: 1111 t,incl;ir<1 Material or N 'ork
i r
j k- N>
war?
• i~ re ~
Vehicle" used for storage Portable unit,, that are iiwved fionl location to
loC~ltioll by vehicles or egttipment
i
- ~s • -
i
hld"I;I,i'll "tol'i"C tiini " Railroad Cars
SECTION 3. 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.
SECTION 4. 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 5. 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 6. 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 20th day of November, 2012.
Jg~ McCou •y, Mayor
ATTEST l
C
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
Page 24