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HomeMy WebLinkAboutOrdinances (Ordinance O-20-2110)-02/18/2020ORDINANCE 0-20-2110 AMENDING CHAPTER 3, SECTION 3.24.B - SCHEDULE OF PERMITTED PRINCIPAL USES AND SECTION 3.27 - ACCESSORY BUILDINGS AND RESIDENTIAL CARPORT REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.24.B - Schedule Of Permitted Principal Uses and Section 3.27 - Accessory Buildings And Residential Carport Regulations of the Land Development Code as part of a comprehensive review of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Section 3.24.B - Schedule Of Permitted Principal Uses and Section 3.27 - Accessory Buildings And Residential Carport Regulations of the Land Development Code are hereby amended to read as depicted in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this, ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-20-2110 Page 2 of 2 Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of February 2020. The second reading and public hearing being conducted on the 18th day of February 2020. (PASSED AND APPROVED BY A VOTE OF -L AYES, 0 NAYS, AND D ABSTENTIONS ON THIS THE 18TH DAY OF FEBRUARY 2020. Mayor Richard Newton He Mayor Pro Tern Bobby Lindamood AYF- Place 1, Tammy Nakamura Ayf Place 5, Chuck Kelley AYE - Place 3, Kathy Wheat Aft Place 6, Callie Rigney AYE Place 4, George Dodson RYf, ATTEST: 0 Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt L. Wyatt City Attorney CITY OF COLLEYVILLE Richard Newton Mayor The following regulations shall govern the location, size and use of accessory buildings: A. Accessory Buildings Located in Residential Zoning Districts (0-00-1223107118100) 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b. For the purpose of this Section, the term accessory building shall include detached residential garages, pool houses, accessory dwellings, gazebos, cabanas, or other shade structures. Exception: structures for specific use as playground assemblies and/or playhouses shall be exempt provided that minimum five (5) feet setbacks from property lines are maintained. 2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings. b. Accessory dwellings allowed by the Land Development Code shall be limited in size to be no more than the most restrictive of the following: 1. Fifty percent (50%) of the primary structure; 2. The maximum allowed square footage for accessory buildings on the lot; or 3. No more than twelve hundred (1,200) square feet c. For the purpose of this Section, the size of an accessory building shall be the square footage of each floor, mezzanine, covered porch, or shade structure. d. An application to exceed the total square footage authorized above may be approved as a Special Use Permit (SUP). e. An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, a legally - existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. f. There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3. Setbacks: a. No accessory building shall be allowed, erected, or located forward of the front fagade of the primary dwelling. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from this requirement. b. No accessory building shall be erected in any required yard, as defined in Chapter 2 — Definitions, except as set forth herein. c. Attached accessory buildings — Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. Exception: Open structures (open on at least 2 3/< sides), such as patio covers, shall be allowed to extend into the required rear yard setback a maximum of 10 feet. d. Detached accessory buildings — A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4. Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a 450 angle to the allowed height of the zoning district. For clarification, structures shall be measured at grade and shall not exceed the maximum height of the zoning district. 5. Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district. No accessory building shall be used for dwelling purposes (the act of occupying a structure — with or without a kitchen) other than for an accessory dwelling, where permitted by the district regulations or Special Use Permit. No accessory building or accessory dwelling shall be rented. 6. Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1. No accessory building shall be erected in any required yard area except as set forth by this section. 2. No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3. Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a. Maximum size of two hundred -fifty (250) square feet. b. No inside sales or service or drive in sales or service; walk-up and/or drive -up service permitted. c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d. Located within required setbacks and in conformance with this section. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights -of -way. f. Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C. Residential Carport Regulations — Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9) by eighteen feet (18') and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9) in width and paved. All paved surfaces shall be either concrete, asphalt or pave -stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be clad or finished of brick, stone, cedar or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than eight inches (8") or more than forty-eight inches (48"). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Cedar posts shall be wrapped using masonry stone or brick from the base to at least 50% of the post height. The exposed portion of the cedar post shall be a minimum of 8 inches. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials.