HomeMy WebLinkAboutOrdinance No. 2011-1900
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION 1OB-600, ENTITLED "STANDARDS FOR
DETACHED PATIO COVERS, ARBORS, GAZEBOS AND PERGOLAS,"
BY ADDING A SUBSECTION (J), ESTABLISHING REGULATIONS FOR
ENCLOSURES OF DETACHED PATIO COVERS, GAZEBOS, AND
PERGOLAS; AMENDING THE CODE OF ORDINANCES, APPENDIX A,
SECTION 1011-700, ENTITLED "STANDARDS FOR ATTACHED PATIO
COVERS," BY ADDING A SUBSECTION (J), ESTABLISHING
REGULATIONS FOR ENCLOSURES OF DETACHED PATIO COVERS,
GAZEBOS, AND PERGOLAS; AMENDING THE CODE OF
ORDINANCES, APPENDIX A, SECTION 1011-1700, ENTITLED
"ILLUSTRATIONS," BY REMOVING THE PICTURE ENTITLED
"ENCLOSED-EXTERIOR WALLS" FROM THE EXAMPLES OF
UNACCEPTABLE PATIO COVERS, GAZEBOS, AND PERGOLAS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "A public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Appendix A, Section 1013-600, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, is hereby amended by adding a new subsection (j)
which shall read as follows:
"(j) Enclosure of detached patio covers, gazebos and pergolas. One (1) story detached patio
covers, gazebos and pergolas, up to the maximum height allowed by this ordinance, may
be enclosed with insect screening or translucent or transparent plastic not more than
0.125 inch (3.2 millimeters) in thickness or any combination of thereof. Detached patio
covers, gazebos and pergolas must also meet the following criteria:
(1) The enclosed patio covers, gazebos and pergolas shall only be used for
recreational, outdoor living purposes and not for carports, garages, storage room
or habitable rooms; and
(2) Any solid wall constructed as part of detached patio covers, gazebos and pergolas
enclosure must not exceed two (2) feet in height from adjacent grade."
SECTION 3. That Appendix A, Section 1013-700, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, is hereby amended by adding a new subsection (j)
which shall read as follows:
"(j) Enclosure of attached patio covers. One (1) story attached patio covers, up to the
maximum height allowed by this section, may be enclosed with insect screening or
translucent or transparent plastic not more than 0.125 inch (3.2 millimeters) in thickness
or any combination of thereof. Attached patio covers must also meet the following
criteria:
(1) The enclosed patio cover shall only be used for recreational, outdoor living
purposes and not for carports, garages, storage room or habitable rooms;
(2) Any solid wall constructed as part of attached patio cover enclosure must not
exceed two (2) feet in height from adjacent grade; and
(3) Where openings for emergency egress from the dwelling to the attached patio
enclosure exist, the attached patio enclosure must also have exterior openings
meeting the requirements of the adopted building code."
SECTION 4. That Appendix A, Section 1013-1700, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, is hereby amended by removing the picture entitled
"Enclosed-Exterior Walls" from the examples of unacceptable patio covers, gazebos, and
pergolas:
The following are exam ?lei of t-',,AC'C'EPTABLE Patio over,. Arbcn-s &t 0,i7.e1)os.
T
j, Yet
9
~a 1
I
Substandard Miterial or NVork
ML
Non-Retractable Fabric/Canvas Substandaid'Material or Work
SECTION 5. 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 6. 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 7. 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 8. 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 3rd day of MAY , 2011.
Jai f ~...'9✓'
Joe McCourry, Mayor
ATTES 4
Christie Wilson, City Secretary
APPROVED AS TO FORM: 'y
~a
Jeff Moore, City Attorney