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HomeMy WebLinkAboutOrdinance No. 06-1633 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 06-1633 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, BY ADDING ARTICLE IX, SECTIONS 6-150 THROUGH 6-160, TO PROVIDE REGULATIONS FOR ACCESSORY STRUCTURES; AND BY AMENDING APPENDIX A OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 11-700, SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS, SUBSECTION 11-702, ACCESSORY BUILDING AND STRUCTURE REGULATIONS. AND RESERVING THE SAME FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, regulations for accessory structures are currently contained III the Comprehensive Zoning Ordinance of the City; and WHEREAS, the City desires to remove said regulations from the Comprehensive Zoning Ordinance and to adopt new regulations under Chapter 6, by adding Article IX, Sections 6-150 through 6-160, of the Code of Ordinances; and WHEREAS, the City Council hereby finds that the regulations for accessory structures within the City of The Colony be removed from the Comprehensive Zoning Ordinance and new regulations adopted under Chapter 6 of the Code of Ordinances as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. That the Code of Ordinances be, and the same is, hereby amended by amending Chapter 6, by adding Article IX, Sections 6-150 through 6-160, to provide regulations for accessory structures, which shall read as follows: "ARTICLE IX Sec. 6-150. 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. An accessory use or structure is subordinate to and customarily a part of a permitted principal. 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. (c) Applicable Regulations. 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 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) General Standards. 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 the principal use or 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) The principal use or structure, together with the accessory use/structure, does not violate the maximum lot coverage requirements of this Code of Ordinances. (3) No accessory use or structure shall be constructed or established prior to the principal use or structure. (4) No accessory use or structure is permitted on a lot or tract without the existence of a primary structure. Sec. 6-151. Table of Permitted Accessory Uses (a) Table as Guide. Table of 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 below lists what types of accessory uses, structures, and activities are permitted in all 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 marked with an "NP." 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 Director of Development Services shall evaluate potential accessory uses that are not identified in the Table of Page 2 80313 Permitted Accessory Uses on a case-by-case basis. In making the interpretation, the Director of Development Services shall apply the following criteria and standards: (1) (4) The definition of "accessory use" stated in this Code of Ordinances and the general accessory use standards stated in this section; The purpose and intent of the subject zoning district; 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 The compatibility of the accessory use with other principal and accessory uses permitted in the zoning district. (2) (3) Table 1.1 Table of Accessory Uses P= Permitted Use NP=Not Permitted Use Car orts Detached garages P P P P P NP P NP NP NP NP NP NP NP NP NP Section 6-153 accessory to residential uses Other accessory uses as determined Location permitted as deemed acceptable by the Director of Development Services Section 6-151 (c) by the Director of Development Services Patios and decks P P P P P P P NP NP NP NP NP NP NP NP NP Sectio n 6-154 accessory to residential uses Patio covers and gazebos P P P P P P P NP NP NP NP NP NP NP NP NP Section 6-155 accessory to residential uses Playhouses accessory to P NP NP NP NP NP P NP NP NP NP NP NP NP NP NP Section 6-156 residential uses Storage buildings less than 20 square feet or less P NP NP NP NP NP P NP NP NP NP NP NP NP NP than 6 feet in NP Section 6-157 height accessory to residential uses Storage buildings greater than 20 P NP NP NP NP NP P NP NP NP NP NP NP NP NP NP Section 6-158 square feet or reater than 6 Page 3 80313 feet in height accessory to residential uses Swimming pools and hot tubs accessory P P P P P NP P NP NP NP NP NP NP NP NP NP Section 6-159 to residential uses Sec. 6-152. Standards for carports. (a) Permit Required. All carports require a building permit and associated fees. (b) Location. No carport shall occupy space in the required front or side yard setback. (c) Setback from Primary Structure. Carports may be 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. (d) Setback from Property Lines. Carports shall be located at least three (3) feet from any property line. (e) Setbacks from Easements. No carport shall be located within any platted or recorded easement or over any known utility. All carports shall be located at least three (3) feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, not including swimming pools, hot tubs, and driveways. (g) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (h) Height for Accessory Uses, Buildings and Structures. (1) The maximum height of a carport shall be 16 feet or the height of the principal structure, whichever is less. (2) Roof Slope. Page 4 80313 a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. b. Roof slope shall not exceed the roof slope of the principal dwelling. (h) Design. Carports shall be designed to be architecturally compatible, to the maximum extent practicable, with the principal building(s) in terms of building materials and colors, roof forms and pitch, and other architectural features. (i) 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. Sec. 6-153. Standards for detached garages accessory to residential use (a) Permit Required. All detached garages require a building permit and associated fees. (b) Location. No detached garage shall occupy space in the required front or side yard setback. (c) Setback from Primary 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. All detached garages shall be located at least three (3) feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, not including swimming pools, hot tubs, and driveways. Projecting balconies, carports, stairways, porches, patio covers and decks more than 30 inches above grade are also considered when calculating lot coverage, as are roof overhangs exceeding four (4') feet. Page 5 80313 (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (112) of the principal dwelling's footprint. (g) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (h) Height for Accessory Uses, Buildings and Structures (1) The maximum height of a detached garage shall be 16 feet or the height of the principal structure, whichever is less. (2) Roof Slope. a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. b. Roof slope shall not exceed the roof slope of the principal dwelling. (i) Design. Detached garages shall be designed to be architecturally compatible, to the maximum extent practicable, with the principal building(s) in terms of building materials and colors, roof forms and pitch, and other architectural features. The exterior walls of detached garages must be a minimum seventy (70) percent brick, natural stone, or EFIS (exterior insulation and finishing system) construction. (j) Dwelling Units Prohibited. No dwelling unit shall be located III any detached garage. (k) 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. Sec. 6-154. Standards for patios and decks accessory to residential use. (a) Permit Required. Any patio or deck accessory to a residential use that is greater than twenty (20) square feet in area requires a building permit and associated fees. (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 Page 6 80313 public view by an appropriate form of solid screening. Appropriate forms of solid screemng are: (1) Living wall consisting of evergreen plant material spaced a minimum of two (2') feet on center and six (6') in height at time of mature growth; (2) Wood fence six (6') in height; (3) Masonry wall six (6') in height (c) Setback from Primary Structure. Patios and 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 from 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. All patios and decks shall be located at least three (3') feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, not including swimming pools, hot tubs, and driveways. Projecting balconies, carports, stairways, porches, patio covers and decks more than 30 inches above grade are also considered when calculating lot coverage, as are roof overhangs exceeding four (4') feet. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (1/2) of the principal dwelling's footprint (g) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (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 Page 7 803]3 the primary structure. Electric utilities are permitted but must use the same meter as the primary structure. Sec. 6.155. Standards for patio covers and gazebos accessory to residential use. (a) Permit Required. All patio covers and gazebos over twenty (20) square feet in area or six (6) feet in height require a building permit and associated fees. (b) Location. No patio cover or gazebo shall occupy space in the required front yard setback. Patio covers or gazebos 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 two (2') feet on center and six (6') in height at time of mature growth; (2) Wood fence six (6') in height; (3) Masonry wall six (6') in height (c) Setback from Primary Structure. (I) Carports, patios, decks and patio covers may be closer than thee (3') feet to the primary structure if the accessory structure is properly permitted, is not used for storage, and does not have walls. (2) Gazebos must maintain a three (3') foot setback from the pnmary structure. (c) Setback from Property Lines. Patio covers and gazebos shall be located at least three (3') feet from any property line. (d) Setbacks from Easements. No patio cover or gazebo shall be located within any platted or recorded easement or over any known utility. All patio covers and gazebos shall be located at least three (3') feet from any easement. (e) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, Page 8 80313 not including swimming pools, hot tubs, and driveways. Projecting balconies, carports, stairways, porches, patio covers and decks more than 30 inches above grade are also considered when calculating lot coverage, as are roof overhangs exceeding four (4') feet. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (12) of the principal dwelling's footprint (f) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (g) Height for Accessory Uses, Buildings and Structures. (1) The maximum height of a patio cover or gazebo shall be 16 feet or the height of the principal structure, whichever is less. (2) Roof Slope. a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. b. Roof slope shall not exceed the roof slope of the principal dwelling. (h) Design. Patio covers and gazebos shall be designed to be architecturally compatible, to the maximum extent practicable, with the principal building(s) in terms of building materials and colors, roof forms and pitch, and other architectural features. (i) Dwelling Units Prohibited. No dwelling unit shall be located III any accessory structure or building. (j) 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. Sec. 6-156. Standards for playhouses accessory to residential uses. (a) Permit Required. All playhouses greater then twenty (20') square feet in area or greater than six (6') square feet in height require a building permit and associated fees. Page 9 80313 (b) Location. No playhouse shall occupy space in the required front yard setback. Playhouses located in the side yard setback must be blocked from public view by an appropriate form of solid screening. Appropriate forms of solid screemng are: (1) Living wall consisting of evergreen plant material spaced a minimum of two (2') feet on center and six (6') in height at time of mature growth; (2) Wood fence six (6') in height; (3) Masonry wall six (6') in height (c) Setback from Primary Structure. Playhouses must maintain a three (3') foot setback from the primary structure. (d) Setback from Property Lines. Playhouses shall be located at least three (3) feet from any property line. (e) Setbacks from Easements. No playhouse shall be located within any platted or recorded easement or over any known utility. All playhouse shall be located at least three (3') feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (Yz) of the principal dwelling's footprint. (g) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (h) Height for Accessory Uses, Buildings and Structures. (1) The maximum height of a playhouse shall be 16 feet. (2) Roof Slope. a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. Page 10 80313 b. Roof slope shall not exceed the roof slope of the principal dwelling. (i) 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. Sec. 6-157. Standards for storage buildings less than 20 square feet in area or less than 6 feet in height accessory to residential use. (a) Permit Required. All storage buildings less than twenty (20') square feet in area or less than six (6) feet in height do not require a building permit. (b) Location. No storage building shall occupy space in the required front. Storage buildings less than 20 square feet in area or less than 6 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 two (2') feet on center and six (6') in height at time of mature growth; (2) Wood fence six (6') in height; (3) Masonry wall six (6') in height (c) Setback from Property Lines. Storage buildings less than twenty (20') square feet in area or less than six (6') feet in height must maintain a three (3') foot setback from any property line. (d) Setbacks from Easements. No storage building shall be located within any platted or recorded easement or over any known utility. All storage buildings shall be located at least three (3') feet from any easement. (e) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (Yz) of the principal dwelling's footprint. (f) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses buildings or structures permitted per lot, Page 11 80313 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. (g) Height for Accessory Uses, Buildings and Structures. (1) The maximum height of a storage building shall be equal to or less than the height of the principal structure, whichever is less. (2) Roof Slope. a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. b. Roof slope shall not exceed the roof slope of the principal dwelling. (h) Dwelling Units Prohibited. No dwelling unit shall be located in any accessory structure or building. (i) 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. Sec. 6-158. Standards for storage buildings greater than 20 square feet in area or greater than 6 feet in height accessory to residential use (a) Permit Required. All storage buildings greater than twenty (20') square feet in area or greater than six (6') feet in height require a building permit and associated fees. (b) Location. No storage building shall occupy space in the required front or side yard setback. (c) Setback from Primary Structure. Storage buildings greater than 20 square feet in area or greater than 6 feet in height must maintain a three (3') foot setback from the primary structure. (d) Setback from Property Lines. Storage buildings greater than 20 square feet in area or greater than 6 feet in height must maintain a three (3') foot setback from any property line. (e) Setbacks from Easements. No storage building shall be located within any platted or recorded easement or over any known utility. All storage buildings shall be located at least three (3') feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. Page 12 80313 (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (Y2) of the principal dwelling's footprint (f) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (g) Height for Accessory Uses, Buildings and Structures. (1) The maximum height of a storage building shall be equal to or less than the height of the principal structure. (2) Roof Slope. a. Flat roofs are prohibited unless the roof of the principal dwelling is flat. b. Roof slope shall not exceed the roof slope of the principal dwelling. (h) Design. Storage buildings shall be designed to be architecturally compatible, to the maximum extent practicable, with the principal building(s) in terms of building materials and colors, roof forms and pitch, and other architectural features. (i) Dwelling Units Prohibited. No dwelling unit shall be located in any accessory structure or building. (j) 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. Sec. 6-159. Standards for swimming pools and hot tubs accessory to residential uses. (a) Permit Required. All swimming pools and hot tubs require a building permit and associated fees. Page 13 80313 (b) Location. No swimming pool or hot tub shall occupy space in the required front or side yard setback. (c) Setback from Primary Structure. Swimming pools and hot tubs must maintain a three (3) foot setback from the primary structure. (d) Setback from Property Lines. Swimming pools and hot tubs must maintain a three (3) foot setback from any property line. (e) Setbacks from Easements. No swimming pool or hot tub shall be located within any platted or recorded easement or over any known utility. All swimming pools and hot tubs shall be located at least three (3') feet from any easement. (f) Maximum Building or Structure Size on a Residential Lot or Parcel. (1) The total combined coverage of all primary and accessory uses, buildings and structures shall not exceed forty (40%) percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary dwelling "footprint" and accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, not including swimming pools, hot tubs, and driveways. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half (Yz) of the principal dwelling's footprint (g) Maximum Number of Accessory Uses, Buildings and Structures. There is no maximum number of accessory uses 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. (h) Compliance with Building Code. All swimming pools and hot tubs are subject to the requirements of the applicable building code. Sec. 6-160. Special Exception Procedures. (a) Special Exception Request. In the event a proposed accessory structure does not comply with the regulations in this ordinance, the owner of the proposed accessory structure may request a special exception before the City Council. (b) Special Exception Process. Upon submission of an application for a Special Exception, the case shall be scheduled for Development Review Committee consideration. The Development Review Committee shall consider the case and make a recommendation to the City Council. The City Council shall consider the case during a public hearing for which proper notification has been made. Proper notification is defined as 15 days prior to the public hearing a Page 14 80313 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 City Council shall make a determination on the requested Special Exception. All City Council 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 Development Review Committee, 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 frqm 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 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 City Council will take the following criteria in consideration: (1) The Development Review Committee 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; Page 15 80313 (4) The proposed location and height of the proposed accessory structure or use; (5) The compatibility with the existing uses on the lot and surrounding uses; (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 proposed accessory use or structure shall not interfere with public facilities. (f) Limitation on reconsideration of requests. No appeal to the City Council for a Special Exception shall be allowed prior to the expiration of one (1) year from a previous ruling by the City Council 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. Such change of circumstances shall permit the rehearing of an appeal by the City Council prior to the expiration of a one (1) year period, but such conditions shall not have any force in law to compel the City Council, 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." SECTION 2. That the Code of Ordinances be, and the same is, hereby amended by amending Appendix A, The Comprehensive Zoning Ordinance, Section 11-700, subsection 11- 702, to read as follows: "11-700. Special area and accessory building regulations. (11-702) RESERVED FOR FUTURE USE. " SECTION 3. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 4. It shall be unlawful for any person to violate any proViSIOn of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 5. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional Page 16 80313 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. the jP ASSED AND ~D by the City Council of the City of The Colony, Texas, this ~ day of if ' 2006. . V ~ Al1S1) L/l~~ W~l\ Christie Wilson, City Secretary Page 17 80313