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HomeMy WebLinkAboutOrdinance No. 08-1756 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1756 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING ARTICLE IX. REGULATIONS FOR ACCESSORY STRUCTURES, SECTIONS 6- 150 THROUGH 6-162, OF CHAPTER 6 IN ITS ENTIRETY AND RESERVING THE SAME FOR FUTURE USE; AND, AMENDING APPENDIX A, ZONING, BY ADDING SECTION 10B, REGULATIONS FOR ACCESSORY STRUCTURES; PROVIDING GENERAL PROVISIONS AND STANDARDS FOR ACCESSORY USES; PROVIDING A TABLE OF PERMITTED ACCESSORY USES; PROVIDING STANDARDS FOR CARPORTS; PROVIDING STANDARDS FOR DETACHED GARAGES ACCESSORY TO RESIDENTIAL USE; PROVIDING STANDARDS FOR PATIOS AND DECKS ACCESSORY TO RESIDENTIAL USE; PROVIDING STANDARDS FOR PATIO COVERS AND GAZEBOS ACCESSORY TO RESIDENTIAL USE; PROVIDING STANDARDS FOR PLAYHOUSES ACCESSORY TO RESIDENTIAL USES; PROVIDING STANDARDS FOR STORAGE BUILDINGS LESS THAN SIXTY-FOUR (64) SQUARE FEET IN AREA OR LESS THAN EIGHT (8) FEET IN HEIGHT ACCESSORY TO RESIDENTIAL USE; PROVIDING STANDARDS FOR STORAGE BUILDINGS GREATER THAN SIXTY-FOUR (64) SQUARE FEET IN AREA OR GREATER THAN EIGHT (8) FEET IN HEIGHT ACCESSORY TO RESIDENTIAL USE; PROVIDING STANDARDS FOR SWIMMING POOLS AND HOT TUBS ACCESSORY TO RESIDENTIAL USES; PROVIDING STANDARDS AND REGULATIONS FOR DONATION BOXES; PROVIDING FOR MAINTENANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH AND EVERY VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 6, Article IX of the Code of Ordinances provides regulations for accessory structures within the City of The Colony, Texas; and WHEREAS, after reviewing Article IX, a recommendation was made to repeal said Article in its entirety and provide for accessory structure regulations in the City of The Colony Zoning Ordinance, being Appendix A of the Code of Ordinances; and WHEREAS, a recommendation was also made to provide new architectural requirements for all storage buildings, playhouses, carports, detached garages, and gazebos and patio covers; and WHEREAS, after discussion and consideration, the City Council is of the opinion that Chapter 6, Article IX of the Code of Ordinances should be repealed in its entirety and that the I TM 25921.76.000 regulations for accessory structures should be amended and placed in Section 10B of the Zoning Ordinance. 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 repealing Article IX, Regulations for Accessory Structures, Sections 6-150 through 6-162, in its entirety and reserving the same for future use, which shall read as follows: "Secs. 6-150 -06-162. Reserved for future use. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Appendix A, Zoning, by adding Section IOB, Regulations for Accessory Structures, which shall read as follows: "SECTION 10B. REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES" Sec. 1OB-100. 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 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. Accessory structures shall include, but not be limited to, fences, detached garages, storage sheds, carports, gazebos/arbors, pools, patios/patio covers, decks, recreational and play equipment, swimming pools/hot tubs, greenhouses. See Illustrations for examples of what is acceptable and unacceptable. (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) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 2 TM 25921.76.000 Arbor shall mean a stand-alone structure designed with lattice and used to support climbing plants. Homemade shall mean constructed by the owner or occupant with new materials in accordance with the regulations herein. Pergola shall mean an arbor or trellis treated architecturally, as with stone columns or similar massive structure. (e) 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 to the principal 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, except fences, 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. (5) Maximum lot coverage. The total combined lot coverage of all primary and accessory uses, buildings and structures shall not exceed 40 percent of the lot area. Lot coverage shall be defined as the percentage of the property covered by structures including the primary dwelling "footprint" and all accessory structures. Swimming pools, hot tubs, and driveways shall not be included in the calculation of lot coverage. (6) 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 3 TM 25921.76.000 the property to exceed the maximum lot coverage are prohibited and will be denied. (7) Height for accessory uses buildings and structures. The maximum height of accessory uses shall be 16 feet or the height of the principal structure, whichever is less. (8) Roof. Flat roofs are prohibited on carports, patio covers, detached garages and storage buildings unless the roof of the principal dwelling is flat. (9) Quality Workmanship. Work performed in such a manner that would make the structure safe and sound in accordance with the adopted building codes. Sec. 1OB-200. 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 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) The definition of "accessory use" stated in this Code of Ordinances and the general accessory use standards stated in this section; (2) The purpose and intent of the subject zoning district; (3) 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 (4) The compatibility of the accessory use with other principal and accessory uses permitted in the zoning district. 4 TM 25921.76.000 Table 1.1 Table of Accessory Uses P = Permitted Use NP = Not Permitted Use See additional Specified SF MF-1 MF-2 MF-3 MF4 MF-5 PD 01 02 NS SC GR LC H I BP regulations. (Apply in Accessory Use C all districts unless otherwise stated). Carports P P P P P P P P P NP NP NP NP NP NP NP Section 6-152 Detached garages accessory to P P P P P NP P NP NP NP NP NP NP NP NP NP Section 6-153 residential uses Other accessory uses as determined by the Location permitted as deemed acceptable by the Director of Development Services Section 6-151(c) Director of Development Services Patios and decks accessory to P P P P P P P NP NP NP NP NP NP NP NP NP Section 6-154 residential uses Patio covers, arbors, gazebos, P P P P P P P P P P P P P P P P Section 6-155 and pergolas Recreational play equipment, and playhouses P NP NP NP NP NP P NP NP NP NP NP NP NP NP NP Section 6-156 accessory to residential uses Storage buildings less than 64 square feet or less than 8 feet in P NP NP NP NP NP P NP NP NP NP NP NP NP NP NP Section 6-157 height accessory to residential uses Storage buildings greater than 64 square feet or greater than 8 P NP NP NP NP NP P NP NP NP NP NP NP NP NP NP Section 6-158 feet in height accessory to residential uses Swimming pools and hot tubs P P P P P NP P NP NP NP NP NP NP NP NP NP Section 6-159 accessory to residential uses Sec. 10B-300. 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. 5 TM 25921.76.000 (c) Setback from primary structure. Carports may be closer than three 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 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 feet from any easement. (f) Design. Carports shall be designed to be in accordance with the adopted International Residential Code, as amended. See Illustrations for acceptable and unacceptable examples. (g) Material. Carports shall be constructed of wood, metal, brick, stone or other masonry material intended for the exterior of a structure. (h) 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. 1OB-400. 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-foot setback from the primary structure. (d) Setback from property lines. Detached garages shall be located at least three 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 feet from any easement. (f) Design. Detached garages shall be designed in accordance with the adopted International Residential Code, as amended. The exterior walls of detached garages must be a minimum of seventy percent (70%) brick, natural stone, or EFIS (exterior insulation and finishing system) construction. See Illustrations for acceptable and unacceptable examples. (g) Dwelling units prohibited. No dwelling unit shall be located in any detached garage. 6 TM 25921.76.000 (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 the primary structure. Electric utilities are permitted but must use the same meter as the primary structure. Sec. 1OB-500. 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 eight (8') feet in height or sixty-four (64) square feet in area requires a building permit and associated fees. See Illustrations for acceptable and unacceptable examples. (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 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 feet on center and six feet in height at time of mature growth; (2) Wood fence six feet in height; (3) Masonry wall six feet in height. (c) Setback from primary structure. Patios and decks may be closer than three 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 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 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 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 feet. 7 TM 25921.76.000 (2) The maximum footprint of any detached building, structure or use shall not exceed one-half of the principal dwelling's footprints. (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 the primary structure. Electric utilities are permitted but must use the same meter as the primary structure. Sec. 1OB-600. Standards for patio covers, arbors, gazebos and pergolas. (a) Permit required. All patio covers, arbors, gazebos and pergolas over sixty-four (64) square feet in area or eight (8) feet in height require a building permit and associated fees. See Illustrations for acceptable and unacceptable examples. (b) Location. No patio cover, arbor or gazebo shall occupy space in the required front yard setback. Patio covers, arbors or gazebos 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 feet on center and six feet in height at time of mature growth; (2) Wood fence six feet in height; (3) Masonry wall six feet in height. (c) Setback from primary structure. Patio covers, arbors and gazebos must maintain a three-foot setback from the primary structure. (d) Setback from property lines. Patio covers, arbors and gazebos shall be located at least three feet from any property line. (e) Setbacks from easements. No patio cover, arbor or gazebo shall be located within any platted or recorded easement or over any known utility. All patio covers, arbors and gazebos shall be located at least three 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 40 percent of the lot area. Lot coverage is defined as the percentage of the property covered by structures including the primary 8 TM 25921.76.000 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 feet. (2) The maximum footprint of any detached building, structure or use shall not exceed one-half of the principal dwelling's footprints. (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. The maximum height of a patio cover, arbor or gazebo shall be 16 feet or the height of the principal structure, whichever is less. (i) Design. Patio covers, arbors, gazebos and pergolas shall be constructed of wood, metal, vinyl or masonry material designed for use on the exterior of a structure. See attached illustrations for acceptable and unacceptable examples. (j) Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or building. (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. 1OB-700. Standards for recreational play equipment and playhouses accessory to residential uses. (a) Permit required. All recreational play equipment and playhouses greater than sixty- four (64) square feet in area or greater than eight (8) feet in height require a building permit and associated fees. This requirement does not apply to inflatable play equipment or playhouses. (b) Location. No recreational play equipment or playhouse shall occupy space in the required front yard setback. Recreational play equipment or playhouses 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 feet on center and six feet in height at time of mature growth; 9 TM 25921.76.000 (2) Wood fence six feet in height; (3) Masonry wall six feet in height. (c) Setback from primary structure. Recreational play equipment or playhouses must maintain a three-foot setback from the primary structure. (d) Setback from property lines. Recreational play equipment or playhouses shall be located at least three feet from any property line. (e) Setbacks from easements. No recreational play equipment or playhouse shall be located within any platted or recorded easement or over any known utility. All recreational play equipment and playhouses shall be located at least three 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 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 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 recreational play equipment and playhouses shall be 16 feet. (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. 1OB-800. Standards for storage buildings less than sixty-four (64) square feet in area or less than eight (8) feet in height accessory to residential use. (a) Permit required. All storage buildings less than sixty-four (64) square feet in area or less than eight (8) feet in height do not require a building permit. See Illustrations for acceptable and unacceptable examples. 10 TM 25921.76.000 (b) Location. No storage building shall occupy space in the required front. Storage buildings less than sixty-four (64) square feet in area or less than eight (8) 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 feet on center and six feet in height at time of mature growth; (2) Wood fence six feet in height; (3) Masonry wall six feet in height. (c) Setback from property lines. Storage buildings less than sixty-four (64) square feet in area or less than eight (8) feet in height must maintain a three-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 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 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 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. The maximum height of a storage building shall be equal to or less than the height of the principal structure, whichever is less. (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. 11 TM 25921.76.000 Sec. 1OB-900. Standards for storage buildings greater than sixty-four (64) square feet in area or greater than eight (8) feet in height accessory to residential use. (a) Permit required. All storage buildings greater than sixty-four (64) square feet in area or greater than eight (8) feet in height require a building permit and associated fees. See Illustrations for acceptable and unacceptable examples. (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 sixty-four (64) square feet in area or greater than eight (8) feet in height must maintain a three-foot setback from the primary structure. (d) Setback from property lines. Storage buildings greater than sixty-four (64) square feet in area or greater than eight (8) feet in height must maintain a three-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 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 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 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. The maximum height of a storage building shall be equal to or less than the height of the principal structure. (i) Design. Storage buildings shall be designed to be compatible, to the maximum extent practicable, with the principal building(s). (j) Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or building. 12 TM 25921.76.000 (k) 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. 1OB-1000. 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. (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-foot setback from the primary structure. (d) Setback from property lines. Swimming pools and hot tubs must maintain a three- 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 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 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 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. 1OB-1001. Special exception procedures. 13 TM 25921.76.000 (a) Special exception request. In the event a proposed accessory structure does not comply with the regulations in this article, the owner of the proposed accessory structure may request a special exception before the Zoning Board of Adjustment. (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 Zoning Board of Adjustment. The Zoning Board of Adjustment 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 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 Zoning Board of Adjustment shall make a determination on the requested special exception. All Zoning Board of Adjustment 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 from 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 Zoning Board of Adjustment will take the following criteria in consideration: 14 TM 25921.76.000 (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; (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 Zoning Board of Adjustment for a special exception shall be allowed prior to the expiration of one year from a previous ruling by the Zoning Board of Adjustment on a request for special exception. A request for a special exception may be heard prior to the one- year expiration date if a change of circumstances exists. Such change of circumstances shall permit the rehearing of an appeal by the Zoning Board of Adjustment prior to the expiration of a one-year period, but such conditions shall not have any force in law to compel the Zoning Board of Adjustment, 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. Sec. 1OB-1002. 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. (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: a. Name, address and telephone number of the person installing, placing or maintaining the donation box; 15 TM 25921.76.000 b. A statement to identify the zoning district, and the location by lot and block number and/or street number; and c. 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 (sic); 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 nonresidential 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 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: a. Metal, smooth or corrugated; b. Fiberglass; c. 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) Permitfee. A permit fee shall be established by resolution of the city council. 16 TM 25921.76.000 (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. 1OB-1003. 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. Sec. 1OB-1004. Appeals Process. All appeals requested for this Section must be filed in accordance with Section 21 of the Zoning Ordinance and Chapter 211 of the Local Government Code." 17 TM 25921.76.000 Sec. 1OB-1005. Illustrations. The following are examples of ACCEPTABLE Carports: 4 14 r f- ( 5- Metal Siding AAMOMW AO r Brick/Stone/Mason Wood - Attached The following are examples of UNACCEPTABLE Ca orts: Fin S ' 7 J j.'I r f., I*A Metal Tubin & Awning Flat Roof - Detached t f ~ Substandard Material or Work Portable Structures 18 TM 25921.76.000 a The following are examples of ACCEPTABLE Detached Garages: T si ; I! - Siding Brick 1 fiz ~"T' C _ i~11~11^11=`' 111 11 , , I 1 g M~ EFIS Stone The following are examples of UNACCEPTABLE Detached Garages: More than 30% Metal More than 30% Steel WYE „t T1 ~ d1 • 1 {gyp • 1 ~ , More than 30% Wood Substandard Material or Work 19 TM 25921.76.000 The following are examples of ACCEPTABLE Patios/Decks: A ~ 1-7 TAP -1 1 id 1114 ~ ~ . ~ Tile Stone Wood Concrete The followin are examples of UNACCEPTABLE Patios/Decks: I 7- I Unfinished or incomplete work Substandard Material or Work t: Unapproved deck/ patio material Not built according to building code 20 TM 25921.76.000 The following are examples of ACCEPTABLE Patio Covers, Arbors & Gazebos: For, '44j, Fiberglass & Wood Vinyl or Metal . Wood Mason The following are examples of UNACCEPTABLE Patio Covers, Arbors & Gazebos: Amit r {'w~ ~ 14I ITIII IM Iq .t~ f! - 4 Enclosed - Exterior Walls Substandard Material or Work ~~p qm .rtllll 11(11 I)ti 1111 i~l illl .,•~R, 7t ~ )ir~trrr++Ntf1111111fI11111_-_- I. Non-Retractable Fabric/Canvas Substandard Material or Work 21 TM 25921.76.000 The following are examples of ACCEPTABLE Storage Buildings an size : r Siding Heavy Duty Plastic designed for such use fir. Wood Heavy Dut Plastic desi ned for such use Metal Barn Style Y~ t~ Aluminum Hard Board or Mason Product 22 TM 25921.76.000 The following are exam les of UNACCEPTABLE Storage Buildin s an size):: f t Structures not designed for such use Fabric, Canvas or Tent Style J Or r'dw 7 k'i +eC tip,,: J * ~ t,'' _ r f of Y_ ry _ .4 Substandard Material or Work Substandard Material or Work X17 Y i c fF C'. }yy °I + y~ Y ~ k Vehicles used for storage Portable units that are moved from location to location b vehicles orequipment ,I 9L ~ ti Industrial storage units Railroad Cars 23 TM 25921.76.000 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. 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 6. 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 Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 7. 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 21St day of April, 2008. t -D. - J n Dillard, Mayor AT S ~..i,.M~ C~✓~l~~o'ZJ t L ` :Y .a Christie Wilson, City Secretary ~ ; :-c X. APPRO D S F P, Robert ager, Ci orney zx~' (REH/db 04/22/08 [rev. /29/08]) 24 TM 25921.76.000