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HomeMy WebLinkAboutOrdinance No. 07-1738 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 07-/13 F AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, CHAPTER 6 BY AMENDING ARTICLE IX, REGULATIONS FOR ACCESSORY STRUCTURES, BY ADDING A NEW SECTION 6-161, STANDARDS AND REGULATIONS FOR DONATION BOXES, TO PROVIDE FOR THE PLACEMENT OF DONA TION BOXES IN NONRESIDENTIAL DISTRICT; PROVIDING A DEFINITION; PROVIDING FOR A PROHIBITION; PROVIDING FOR A PERMIT; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE ESTABLISHMENT OF A FEE; PROVIDING FOR MAINTENANCE OF DONATION BOXES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to allow for donation boxes to be permitted in conjunction with nonresidential uses within the City; and WHEREAS, the City further desires to regulate such donation boxes by establishing special conditions and requiring a permit to be obtained; and WHEREAS, the City Council has determined that Chapter 6 should be amended by adding Section 6-161 to allow donation boxes 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 of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 6, by adding Section 6-161, Standards and Regulations for Donation Boxes, which shall read as follows: "Chapter 6 BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES Sec.6-161. Standards and regulations for donation boxes. (a) Definitions. Donation boxes shall be defined as an unattended booth, stall, crib, receptacle, or combination thereof designed with a door, slot, or other opening that is intended to accept and/or store donated items, with or without an attendant. Page 1 TM 17928.76.000 (b) Prohibitions; Regulations. (1) Residential: No person, owner or occupant shall cause, permit, suffer or allow a donation box as defined herein or any bin, trailer, or receptacle with or without an attendant, on any lot, tract or property within a residential zoned district. (2) 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: (i) Name, address and telephone number of the person installing, placing or maintaining the donation box; (ii) A statement to identify the zoning district, and the location by lot and block number and/or street number; and (iii) 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 shall be required; and, each permit shall expire on the first anniversary date following the issuance of the permit. (c) Special regulations. The building official or designated representative shall issue an annual permit for a donation box to an owner of occupant of real property located in a non-residential 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) Maximum of one (1) donation box per lot or contiguous lots under common ownership or occupancy; (3) Donation box must not be located within the designated fire lane or which would hinder the movement of emergency public safety vehicles or equipment; (4) Donation box may 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: Page 2 TM 17928.76.000 (i) metal, smooth or corrugated; (ii) fiberglass; (iii) cement material, except Hardi Plank; (6) Donation boxes may be painted or stained in natural earth-tone colors which are compatible to the main structure. (7) Screening by a fence of other compatible screening materials of the donation boxes 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. (d) Permit fee. A permit fee shall be established by resolution of the city council. (e) 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. Sec. 6-162. 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. Secs. 6-163 - 6-169. Reserved" 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 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. Page 3 TM 17928.76.000 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 17th day of September. 2007. ~ 'j2):JJCJ J Dillart Mayor An 4~ IJ~ Christie Wilson, City Secretary Robert E. Hager, City A (REHlcdb 06/27/07; rev's Page 4 TM 17928.76.000