HomeMy WebLinkAboutOrdinance No. 06-1672
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06- 1&11-----'
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
REPEALING ORDINANCE NO. 06-1642 IN ITS ENTIRETY AND
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ARTICLE IX,
BY RESERVING FOR FUTURE USE SECTIONS 6-161 THROUGH 6-169,
AND BY ADDING ARTICLE X, SECTIONS 6-170 THROUGH 6-175 TO
PROVIDE RECREATIONAL VEHICLE REGULATIONS; PROVIDING
FOR DEFINITIONS; PROVIDING FOR STORAGE OF RECREATION
VEHICLES BY ZONING DISTRICTS; PROVIDING GENERAL
REGULATIONS, INCLUDING DISCHARGING LIQUID WASTES,
PRIVATE DRIVEWAY AND STORAGE AREAS, TEMPORARY ON-
STREET PARKING, AND ELECTRICAL CONNECTIONS; PROVIDING
FOR OVERNIGHT STAY IN RECREATIONAL VEHICLES BY ZONING
DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL TY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 06-1642 passed by the City Council on or about
March 21, 2006, be and the same is, hereby repealed in its entirety.
SECTION 2. That Code of Ordinances, Chapter 6, Article IX, by reserving for future
use Sections 6-161 through 6-169, and by adding Article X, Sections 6-170 through 6-175 to
provide recreational vehicle regulations," which shall read as follows:
"ARTICLE IX. REGULATIONS FOR ACCESSORY STRUCTURES
Sec. 6-161 - 6-169 RESERVED FOR FUTURE USE.
ARTICLE. X. RECREATIONAL VEHICLE REGULATIONS
Sec. 6-170. Definitions.
The following words, terms and phrases shall have the meanings respectively ascribed to
them in this section, except where the context clearly indicates a different meaning:
Camper Shell shall mean a small housing or rigid canopy used as a pickup truck
accessory for use as temporary living quarters during travel, recreation or vacation use. The
housing is usually made of fiberglass or aluminum, is mounted atop the pickup truck's rear bed,
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generally covers the entirety of the pickup truck bed, and is large enough to be used for camping
purposes. This structure shall be considered a dependent house trailer.
Dependent house trailer shall mean a trailer or structure which does not have sewer or
water connections, a flushable toilet, a tub or shower, or a lavatory or sink within the unit.
Driveway shall mean the vehicular accessway from a street to a dwelling or garage that is
located between the street right-of-way and the front plane of the building upon and which a hard
surface is placed and used for vehicles to travel or park upon.
Independent house trailer shall mean a trailer which has approved sewer and water
connections to accommodate, and containing, a flushable toilet, a tub or shower, and a lavatory
or sink within the unit.
Owner shall mean any person who has control, direction, maintenance or supervision of
such trailer, whether as owner or otherwise.
Overnight Stay shall mean the habitation of a recreational vehicle between the hours of
8:00 pm and 8:00 am.
Person shall mean any individual, firm, trust, partnership, public or private association or
corporation.
Recreational Vehicle shall mean an independent house trailer including, but not limited
to, any of the following:
(1) Foldinf! Camvinf! Trailer. Also known as a pop-up trailer; a light-weight unit with sides
that collapse for towing, mounted on wheels and designed for travel, recreation and
vacation use.
(2) Travel Trailer. A portable structure built on a chassis; designed to be used as a
temporary living quarters for travel, recreational or vacation uses; and, when factory
equipped for the road, it shall have a body width not exceeding eight and one-half (8 12)
feet, and a body length not exceeding forty (40) feet. Travel trailers are non-motorized
and must be pulled by a motor vehicle in a fifth wheel or bumper pull capacity.
(3) Motor-home. A vehicular unit which does not exceed the length and width limitations
provided by law, is built on a self-propelled motor vehicle chassis and is primarily
designed to provide temporary living quarters for travel, recreation and vacation use.
Recreational Vehicle Park shall mean any development, site, parcel or tract of land
designed, maintained or intended to be used for the purpose of providing short term
accommodation up to and including 30 days or less for placement of two or more recreational
vehicles, and shall include all buildings used or maintained for use of the occupants in the park.
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Residential Zoning District shall mean SF-I, SF-2, SF-3, SF-4, D, and TH zoning
districts as defined by the Code of Ordinances, Appendix A, as amended. Residential properties
in Planned Development (PD) districts shall be included if storage is permitted in the approved
special regulation adopted in accordance with the Code of Ordinances, Appendix A, as amended,
Concept or Development Plan.
Sanitary station shall mean a facility consIstmg of 1) a four-inch sewer riser pipe
connected to a sewerage system; 2) surrounded at the inlet end by a concrete apron sloped to the
drain; 3) provided with a suitable hinged cover; and 4) a water outlet with necessary
appurtenances used for removing and disposing of wastes from a recreational vehicle's holding
tanks.
Street shall mean and include any street, alley, avenue, lane, boulevard, drive, public
place, or highway commonly used for the purpose of travel within the corporate limits of the
City of The Colony, Texas.
Storage of Recreational Vehicles shall mean a recreational vehicle as defined above that
is parked, stored, or otherwise maintained on a lot or property, as permitted herein, that:
1. Is not occupied for living or sleeping purposes;
2. Is not connected to electricity or water service; and
3. Is stored in its collapsed position, ifit is of the collapsible type.
6-171. Recreational Vehicle Parks.
Recreational Vehicle Parks shall be permitted only in zoning districts allowed by the
comprehensive zoning ordinance, as provided in the Code of Ordinances, Appendix A, as
amended.
6-172. Storage of Recreational Vehicles - by Zoning Districts.
A. Non-residential Zoning Districts. Storage of recreational vehicles in non-residential
zoning districts is permitted only in zoning districts that permit "Storage, open (with screening)"
or in other zoning districts when used as a temporary construction trailer. Storage of recreational
vehicles in non-residential zoning districts is permitted only under the following guidelines:
1. A Certificate of Occupancy is required prior to storage of vehicles. Zoning ordinance
regulations will limit the maximum number of vehicles based on lot coverage,
parking standards, and/or applicable regulations under the Code of Ordinances, as
amended.
2. Vehicles shall be parked on a permanent, hard-surfaced area which shall consist of
concrete, asphalt, brick, or comparable surface;
3. The parking pad site must be of an adequate size to accommodate parking of all tires
on the vehicle at one time;
4. No recreational vehicle can be parked upon any public street or alley within the city
in accordance with Section 19-24 of the Code of Ordinance; and
5. Recreational vehicles shall not block public sidewalks, streets or alleys.
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B. Residential Zoning Districts. Storage of recreational vehicles m residential zonmg
districts is permitted only under the following guidelines:
1. Vehicles shall not be commercial-type;
2. No more than one recreational vehicle is permitted per lot;
3. Vehicles shall be parked on a permanent, hard-surfaced area which shall consist of
concrete, asphalt, brick, or comparable surface;
4. The parking pad site must be of an adequate size to accommodate parking of all tires
on the vehicle at one time;
5. Vehicles must be stored in the side or rear yard upon an improved surface other than a
driveway located in the front yard;
6. No vehicles can be parked upon any public street or alley within the city in
accordance with Section 19-24 of the Code of Ordinance; and
7. Vehicles shall not block public sidewalks, streets or alleys.
6.173. General Regulations.
(a) Discharging of Gray and Black Water. No person shall cause, permit or allow liquid
wastes from sinks, commonly known as gray water, or toilets, commonly known as black water,
shall be discharged onto or allowed to accumulate on the ground surface. Gray and black water
must be discharged in an approved sanitary station.
(b) Private Driveways and Storage Areas. Private driveways and storage surfaces shall be
maintained in good, safe condition and be free of litter, holes, excavation, protrusions, cracks or
other failures that may affect the use, safety, appearance, or drainage of the property or of the
adjoining property.
(c) Temporary On-Street Parking. Notwithstanding Section 19-24 of the Code of
Ordinances, a recreational vehicles may be temporarily parked on the street for the purpose of
loading and unloading for not more than seven (7) occasions each calendar year. Each occasion
shall be defined as one continuous 24-hour period, or part thereof, for loading and one 24-hour
continuous period for unloading. Each occasion shall be separated by at least two full calendar
days regardless of the length of time used for loading or unloading of the vehicle.
(d) Electrical Connections. Recreational Vehicles may be connected to the primary
structure's electrical wiring system when an approved type of disconnecting device and over
current protective equipment are provided. The service per outlet shall be 120 volts AC, 15
amperes or 30 amperes or in accordance with the adopted National Electric Code, whichever is
more restrictive.
1. Outlet receptacles at each driveway or storage area shall be located not more than
twenty-five feet from the recreational vehicle. Receptacles shall be of weatherproof
constmction installed in accordance with the adopted National Electric Code.
2. Recreational Vehicles shall be cOllilected to the outlet receptacle by an approved type
of flexible cable with connectors and plug.
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3. All exposed non-CUlTent canying metal parts shall be grounded by means of an
approved grounding conductor with branch circuit conductors or other approved
method of grounded metallic wiring. The neutral conductor shall not be used as an
equipment ground for recreational vehicles or other equipment.
(e) Overnight Stay in Recreational Vehicles - by Zoning Districts.
(1) Non-residential Zoning Districts. Overnight stay in non-residential zoning districts is
not permitted. Recreational vehicles, however, may be used for temporary
construction trailers as an accessory use to an active construction site and occupied
during active construction activity during the hours of 6:00 a.m. to 9:00 p.m.
(2) Residential Zoning Districts. Overnight stay in a recreational vehicle in residential
zoning districts in accordance with this section is permitted only under the following
guidelines:
a. Recreational vehicles shall be parked on a permanent, hard-surfaced driveway
which shall consist of concrete, asphalt, brick, or comparable surface that
provides access to a garage, carport or other approved parking area;
b. Recreational vehicles must be parked in the front, side or rear yard upon any
driveway or improved surface required above;
c. Overnight stay is limited to a maximum of fourteen (14) days during a calendar
year.
d. Electrical and water connections to the vehicle must be in accordance with
manufacturer recommendations; however, no water or electrical connection
can be longer than twenty-five (25) feet between the recreational vehicle and
its source.
Sec. 6-174, Deed Restrictions.
Nothing contained within this Article shall be construed to supersede any private deed
restrictions or covenants which permits the use of vehicle regulations contained herein.
Sec. 6-175. Penalty for Violation.
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 2. 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
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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 3: 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 4. This Ordinance shall become effective from and after its date of passage
in accordance with law.
2006.
ATTESTA
CV.u W LRJc~
Christie Wilson, City Secretary
Robert E. Hager, Ci tomey
(REHlcdb 07/24/06)
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