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HomeMy WebLinkAboutOrdinances (O-00-1223)-07/18/2000 ORDINANCE 0-00-1223 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, SECTION 3.27.A OF THE LAND DEVELOPMENT CODE, ORDINANCE 0-00-1214, AS AMENDED, REGARDING ACCESSORY BUILDINGS LOCATED IN RESIDENTIAL ZONING DISTRICTS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 adopting a Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend Section 3.27.A of Chapter 3 regarding accessory buildings located in residential zoning districts; and WHEREAS, notice of a public hearing has been completed in accordance with the requirements of the Land Development Code and the Texas Local Government Code; and WHEREAS, the City Council is of the opinion that the proposed change herein is in the best interests of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Chapter 3, Section 3.27.A of the Land Development Code, as amended, is hereby amended to read as follows: 3.27.A ACCESSORY BUILDINGS LOCATED IN RESIDENTIAL ZONING DISTRICTS 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds 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 principal building unless the accessory building is located in the Agricultural District. Ordinance 0-00-1223 Page 2 of 4 b. For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27.C). 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 the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot Size Under.5 ac 5. - .99 ac. 1 - 2.99 ac. 3+ ac. Total s. f. 750 s. f. 1,000 s. f. 1,750 s. f. 2,500 s. f. b. For the purpose of this Section, the size of an accessory building shall be the square footage of the building footp ri nt. c. An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d. 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, an 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. e. There shall be no physical connection between accessory buildings and a minimum separation of three feet between accessory buildings. 3. Setbacks: a. No accessory building shall be erected in any required yard, as defined in Chapter 2 - Definitions, except as set forth herein. b. Attached accessory buildings - Accessory buildings erected ten (10) feet or closer to the principal building shall Sec2. Sec 3. Ordinance O-aO-1223 Page 3 of 4 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. c. 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 height of the primary building. 5. Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the zoning district regulations. 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. THAT the Colleyville Land Development Code, Ordinance 0-00- 1214, as amended, shall remain in place, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Ordinance 0-60-1223 Page 4 of 4 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. T~ ~~t reading and public hearing being conducted on the Scb ,2000. ~J '~Iond reading and public hearing being conducted on the J ~;b \A , 2000. ATTEST: day of day of )j~ CITY OF COLLEYVILLE: Dot~ ~ Mayor