HomeMy WebLinkAboutOrdinance No. 448 CITY OF THE COLONY, TEXAS
ORDINANCE NO. /~f~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY BY
AMENDING APPENDIX A ZONING BY ADDING AND
ESTABLISHING STANDARDS RELATING TO FOUR (4)
SINGLE FAMILY DWELLING DISTRICTS, BEING SF-1, SF-2,
SF-3 AND SF-4 DISTRICTS; PROVIDING THAT THE
SF-SINGLE FAMILY ZONING DISTRICT REGULATIONS
HERETOFORE ESTABLISHED BY ORDINANCE AND AS
INDICATED ON THE OFFICIAL ZONING MAP OF THE CITY
OF THE COLONY SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL AMENDED OR CHANGED TO CONFORM TO
THE DISTRICTS, REGULATIONS AND ZONING
CLASSIFICATONS OF THIS ORDINANCE; STATING THE
PURPOSE FOR SUCH DISTRICTS; ESTABLISHING MINIMUM
LOT SIZES FOR SUCH DISTRICTS; PROVIDING FOR
MINIMUM FRONT, REAR AND SIDE YARD SETBACK
REQUIREMENTS; ESTABLISHING HEIGHT RESTRICTIONS;
PROVIDING FOR MINIMUM SIZES OF DWELLINGS;
ESTABLISHING HEIGHT RESTRICTIONS; PROVIDING FOR
MINIMUM SIZES OF DWELLINGS; ESTABLISHING REAR
ALLEY EASEMENT STANDARDS; RESTRICTING THE
MAXIMUM COVERAGE ON ANY LOT BY THE MAIN
STRUCTURE; REQUIRING A MINIMUM TWO (2) CAR
GARAGE WITH REAR OF SIDE ENTRY; PROVIDING THAT
NO RESIDENTIAL DWELLING SHALL HAVE THE SAME
FRONT ELEVATION OR EXTERIOR COLOR PLAN WITHIN
600 FEET OR FIVE (5) RESIDENTIAL DWELLINGS OF ANY
OTHER SUCH DWELLING LOCATED ON THE SAME SIDE OF
ANY STREET; REQUIRING A BUFFER BETWEEN ANY
RESIDENTIAL SUBDIVISION AND PUBLIC PROPERTY;
PROVIDING THAT THE ORDINANCE SHALL BE
CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
EXCEPT TO THE EXTENT OF CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City") is a Home Rule City
pursuant to article 11, Section 5 of the Texas Constitution, article 1165, et seq of
the Texas Revised Civil Statutes Annotated (Vernon), as amended, and its Home
Rule Charter; and
WHEREAS, pursuant to articles 101la through 1011e of the Texas Revised
Civil Statutes Annotated (Vernon), as amended, the City Council is empowered to
adopt regulations governing the use of property located within the corporate limits
of the City; and
WHEREAS, steps have been taken by the Planning and Zoning Commission
and the City Council to adopt certain amendments to the Comprehensive Zoning
Ordinance of the City, the same being Appendix A - Zoning of the Code of
Ordinances of the City; and
WHEREAS, the Planning and Zoning Commission and City Council recognize
and fLnd that the st~_ndo_~]~ s established by the SF Single Family Dwelling District are
not sufficient to cover the variety of single family residential dwellings within the
City; and
WHEREAS, the City Council desires to amend the SF Single Family Dwelling
District to allow for greater diversity of single family dwellings within the City; and
WHEREAS, after public notices were given in compliance with State law and
publle hearings were conducted, the Planning and Zoning Commission has
recommended to the City Council the adoption of certain zoning regulations
amending the Comprehensive Zoning Ordinance; and
WHEREAS, after due deliberation and consideration of the information
submitted during the public hearings and the consideration of the recommendation
of the Plarming and Zoning Commission, the City Council has concluded that the
adoption of this ordinance is in the best interest and support of the health, safety
and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Seetinn 1. That all of the above premises are found to be true and correct
and are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Appendix A - Zoning of the Code of Ordinances of the City
is hereby amended in the following particulars, and that all other chapters, sections,
paragraphs, sentences, words and phrases of said Code are not amended but are
hereby ratified, verified, approved and affirmed:
A. That Section 3 of Appendix A - Zoning relating to the establishment
of zoning districts is amended by amending suhseetion 3-100 to read as follows:
"3-100. The City of The Colony, Denton County, Texas is
hereby divided into twenty-three (23) zoning districts which
are further subdivided into districts where appropriate. The
use, height, area and parking regulations as set out herein are
uniform in each district. The twenty-four (24) distriets herein
established shall be known and cited ~s:
Abbreviated Designation Zoning District Name
SF Single Family
SF-1 Single Family-1
SF-2 Single Family-2
SF-3 Single Family-3
SF-4 Single Family-4"
B. That Section 4 of Appendix A - Zoning relating to the purpose of
zoning districts is amended by amending subsection (4-101) to read as follows:
"(4-101) SF-1, SF-2, SF-3 and SF-4 Single Family Dwelling
districts: Single Family residential development constitutes
the bankbone of The Colony. Such development is to be
protected from inharmonious and inconsistent uses to preserve
the integrity of the neighborhood and protect property values
of home owners. The regulations relating to SF-i, SF-2, SF-3
and SF-4 district's allow for greater diversity of development
of single family residential dwellings within the City."
C. That Section 10 of Appendix A - Zoning relating to use of land and
buildings shall be amended by amending subsection 10-200 to read as provided in
Exhibit "A" attached hereto and incorporated herein for all purposes.
D. That Section 10 of Appendix A - Zoning relating to use of land and
buildings shall be amended by amending subsection (10-301) to read as follows:
"(10-301) The following definitions and explanatory notes
supplement, restrict and define the meaning and intent of the
use regulations as noted in 10-200, Schedule of Uses.
"(1) Single family: Any number of individuals living together
as a single housekeeping unit in which not more than two (2)
individuals are unrelated by blood marriage or adoption.
Foster children under the age of nineteen (19) shall be
eonsidered as being related to their foster parent or parents.
All such structures shall be detached in the SF-1, SF2, SF-3
and SF-4 dwelling districts.
E. That Section 11 of Appendix A - Zoning relating to area regulations
is amended as follows:
1. By amending subsection (11-101) relating to the Sehednie of Minimum
Required Lot Areas Per Family Unit In Square Feet to read as provided in Exhibit
"B" attached hereto and incorporated herein for all purposes.
2. By amending subsection (11-20i) relating to the Schedule of Minimum
Required Lot Widths In Feet to read as provided in Exhibit "C" attached hereto and
incorporated herein for all purposes.
3. By amending subsection (i1-301) relating to the Schedule of Minimum
Floor Area Per Dwelling Unit to read as follows:
"(11-301) Schedule of Minimum Floor Area Per Dwelling Unit
Minimum Floor Area
District Per Dwelling Unit
SF-1 2,200 sq. ft.
SF-2 1,900 sq. ft.
SF-3 1,700 sq. ft.
SF-4 1,500 sq. ft."
4. By amending subsection 11-400 relating to the Sehednie of Minimum
Required Front Yards to read as set forth in Exhibit 'D" attached hereto amd
Incorporated herein for all purposes.
5. By amending subsection (11-402) (11), (12) relating to special front
yard regulations to read as follows:
"(11-402) Special front yard regtdations:
(11) In the SF-1, SF-2, SF-3, SF-4, D and TH districts, a
fifteen (i5) foot minimum on cul-de-sac and elbow shaped
street section lots.
(12) In the MF-I, MF-2, MF-3 and MF-4 districts, if more
than two (2) stories are proposed, and if the buildings are
adjacent to an SF-1, SF-2, SF-3, SF-4, D, TH, MF-I, MF-2,
MF-3 or MF-4 district where there are structures less than
three (3) stories high,..."
6. By amending subsection 11-500 relating to side yards to read as
follows:
(1) * * * * * * · ,
Minimum Required Side Yard For Single-Family
District and Two Famil.v Dwellings
A 10% of width of lot but need not exceed 15 feet
SF-1 10% of the required minimum lot width
SF-2 10% of the required minimum lot width
SF-3 10% of the required minimum lot width
SF-4 10% of the required minimum lot width"
7. By amending subsection (11-601) relating to rear yards to read as
follows:
"(11-601) No building or structure shall hereafter be located,
erected or altered to have a rear yard smaller than herein
required.
(1) In the A, MF-1, MF-2, MF-3, MF-4, MH and P districts,
no main residential building may be eoastructed nearer than
ten (10') feet to the rear property line. In the SF-1, SF-2,
SF-3 and SF-4 districts, no main residential building may be
constructed nearer than twenty (20) feet to the rear property
8. By amending subsection (11-702) relating to accessory building and
structure regulations to read as follows:
"(11-702) Accessory building and structure reguiation~. Area
regulations for accessory buildings or accessory structures in
residential and apartment districts.
(3) Rear yard.
(c) in the SF-1, SF-2, SF-3 and SF-4 districts, there shall be
required a minimum two (2) car garage, with rear or side entry
9. By amending Section 11 relating to area regulations by adding a new
section 11-700 to read as follows:
"11-700. Lot Coverage. In the following zoning districts, the
maximum coverage on any lot by the main structure shall be
as follows:
(1) in the SF-1, SF-2, SF-3 and SF-4 districts, the maximum
lot coverage for the main structure shall be forty percent
(40%) of the lot."
10. By amending section 12-100 relating to height regulations to read as
follows:
"12-100. No building or structures shall be located, erected or
altered so as to exceed the height limit hereinafter specified
for the district in which the building is located.
"(12-101) In the The maximum height of
following zoning buildings and structures
districts: shall be :
(2) SF-1, Single-Family Dwelling Two stories with a
District-l; SF-2, Single Family maximum height of
Dwelling District-2; SF-3, Single thirty (30) feet, except
Family Dwelling District-3; SF-4, as noted in 12-102
Single Family Dwelling District-4 following"
11. By amending subsection (13-101) relating to the minimum off-street
parking spaces for residential uses to read as follows:
O04lJ
-4-
"(13-101) In the following zoning districts the minimnm
off-street parking spaces for residential uses shall be:
"(2) SF-1, SF-2, SF-3 and Two (2) spaces for each
SF-4 Dwelling Districts dwelling unit"
12. By amending subseetion (13-103) relating to special off-street
parking regulations to read as follows:
"(13-103) Special off-street parking regulations.
"(2) In the SF-1, SF-2, SF-3, SF-4, D, TH, MF-1, MF-2,
MF-3, MF-4, MH, O-1, 0-2 or NS districts, no parking space,
garage or carport or other automobile storage spuee or
structure shall be used for the storage of any truck or trailer
except a panel or pickup truck not exeeeding one ton capacity.
(3) In the SF-1, SF-2, SF-3, SF-4, D, TH, MF-1, MF-2, MF-3
and MF-4 districts, a boat or recreational vehicle including a
motor home or truvel trailer may be parked ar stored on the
residential premises of the owner provided that such boat,
vehicle or motor home may be parked or stored only within
that portion of the residential lot which is located to the rear
of the required front yard line."
13. That Section 17 relatIng to site plan approvals and special
development standards is amended by adding new subsection (17-106) to read as
follows:
"(17-106) With respect to residential subdivision developments
in the SF-1, SF-2, SF-3 ar SF-4 districts, the City desires that
buffer zones, between the residential subdivision and public
property be addressed for the purpose of decreasing visual
blight and noise to the residential subdivision. No houses in
said districts shall have the same front elevations within five
(5) houses of each other on the same side of a street.
Developments In said districts shall have a minimum 17 foot
alley easement with a 10 foot minimum paving width and a
maximum of 720 feet in length without access. All exterior
wsll~ of the main residential structure shall be 70% brick
construction below the fLost floor plate line, exclusive of doors
and windows. Brick types may not be the same on any
adjacent house located on the same side of the street."
Section 3. That the SF-Single Family Dwelling Districts classification and
regulations, and as the same is indicated on the official zoning map of the City,
shall remain in full foree and effect after the effective date of this ordinance.
Section 4. That this ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shall not repeal any of the provisions of said
ordinances except in those Instances where provisions of those ovclinanees are in
direct conflict with the provisions of this ordinance.
Section 5. If any section, ~-rtiele, paragraph, sentence, clause, phrase or word
In this ordinance, or application thereto any person or circumstance is held invalid
ar uneoastitutional 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 the ordinance
despite such invalidity, which remaining portions shall remain in full foree and
effect.
Section 6. Any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon eonvietinn thereof shall be subject to a
fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a
separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
Section 7. The fact that the present oz~linanees and regulations of the City
of The Colony, Texas, are inadequate to properly safeguard the health, safety,
morals, peaee, and general welfare of the inhabitants of the City of The Colony,
Texas, creates an emergency for the immediate preservation of the public business,
property, health, safety, and general welfare of the public which requires that this
ordinance become effective from and after the date of its passage and it is
accordingly so ordained.
PASSED AND APPROVED by the City of The Colony, Texas on this the
day of c~_~~ . 1986.
~-~ Mayor, C~:~ 6f The Colbny, Texas
Pro-tem
ATTEST:
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas