HomeMy WebLinkAboutOrdinance No. 2016-2193CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2016- ZI R 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION 1011-1100, ENTITLED "STANDARDS FOR
SWIMMING POOLS AND HOT TUBS," BY ADDING A NEW
SUBSECTION (I) TO ADDRESS THE DEMOLITION OF SWIMMING
POOLS AND HOT TUBS; 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(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following "[a] public hearing shall be held by city council
before adopting any proposed amendment, supplement or change. Notice of such hearing shall
be given per the publication policy of the city, stating the time and place of such hearing, and
shall be published a minimum of 15 days prior to the date of the public hearing;" 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:
SECTION 1. That 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 1013-1100, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Standards for swimming pools and hot
tubs" is hereby amended by adding a new subsection (i) which shall read as follows:
"(i) Demolition of swimming pools and hot tubs. Demolition of swimming pools and hot tubs
("pools") are subject to the following requirements:
(1) All pool pumps, heating equipment, and related piping must be removed. Gas
piping going to the heater, must also be removed at the source as required by the
by the most recently adopted plumbing code.
(2) All electrical wiring for pool equipment must be removed at the source as
required by the most recently adopted electrical code.
(3) Drainage Holes of sufficient size and number shall be installed and inspected
prior to filling in of any pool or spa.
(4) Upon completion and inspection of drain holes, the pool shall be filled with
approved compactable materials to the adjacent grade. The top of the fill shall be
comprised of a minimum thirty-six inch (36") of clean fill dirt. Backfill shall
consist of clean soil, graded rock or a combination thereof. Broken concrete or
other construction and household debris shall not be considered acceptable fill
material.
(5) Compaction Report: A certified compaction report will be required for demolition
of a pool or stand-alone hot tub if the pool or hot tub is within 5' of the house or
main structure. If a compaction report is required, it must be conducted by a
certified geotechnical firm and be submitted to the Building Official prior to final
inspection. The report must indicate the following:
1. There should be 4" top soil
2. Removed 24" of the top of the pool structure
3. Fill and compact in 8" lifts
4. Density is 95% standard proctor
5. t 3% moisture control
(6) Inspections: The following inspections shall be required:
(A) Disconnection of all utilities;
(B) Installation of drainage holes and backfill
(C) Final — all work is completed and a certified compaction report is provided
if required."
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 5`h day of January, 2016.
AT ES
Christie Wilson, City Secretary
APPROVED AS TO FORM:
4effMoore,City Attorney
G
J McCcurr , Mayor
SEAL