HomeMy WebLinkAboutOrdinances (O-14-1908)-03/18/2014 ORDINANCE 0-14-1908
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3-LAND USE, SECTION 3.27 — ACCESSORY BUILDINGS AND
RESIDENTIAL CARPORT STANDARDS OF THE LAND DEVELOPMENT
CODE; 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 Section 3.27 of the
Land Development Code by providing regulations for non-
residential carports; 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-Land Use, Section 3.27 of the Land Development
Code, is 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 0-14-1908
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 2014.
The second reading and public hearing being conducted on the 18th day of
February 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the I' day of WA.C*, 2014.
ATTEST: CITY OF COLLEYVILLE
I
Amy s helley, T' C David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
‘M
Matthew C. G. Boyle
City Attorney
Exhibit "A"
Section 3.27 Accessory Buildings and Carport Regulations
The following regulations shall govern the location, size and use of accessory buildings:
A. Accessory Buildings Located in Residential Zoning Districts (0-00-1223/07/18/00)
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 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 footprint.
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(3)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 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
Chapter 3-Land Use Page 3-1
Exhibit "A"
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
45°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 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.
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.
Chapter 3-Land Use Page 3-2
Exhibit "A"
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 constructed of brick, stone 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 twelve inches(12")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. Wooden posts shall be prohibited.
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.
D. For Carports Located in Non-Residential Zoning Districts—Carports located in the zoning districts: C-PO-
Professional Office Commercial, CN-Neighborhood Commercial, CC-1-Village Retail, CC-2-Shopping
Center, CC-3-Highway Commercial, ML-Light Manufacturing, and Planned Unit Developments that allow
commercial uses shall comply with the regulations contained in this section. (0-14-1908, 03/18/2014)
1. Permit Required:
a. A building permit shall be required for all non-residential carports in the above mentioned zoning
districts. Any request for a building permit for a non-residential carport, 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. Any request for a building permit for a non-residential carport for any use allowed in the above
mentioned zoning districts that is part of a Site Plan for a PUD-Planned Unit Development, will
require an amendment to the approved Site Plan. If the non-residential carport meets the criteria
Chapter 3-Land Use Page 3-3
Exhibit "A"
of this section, then the amended Site Plan may be administratively approved by the Director of
Community Development or designee. If the non-residential carport does not meet the criteria in
this section, then the Site Plan amendment will require approval by the City Council.
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:The maximum number of spaces that may be covered by a carport shall not exceed six (6)
spaces. However, where a carport is not visible from a public right-of-way or from single-family
residential property, the Planning and Zoning Commission may recommend and the City Council
may approve an increase in the number of spaces allowed in a carport.
b. Height:A detached carport shall not exceed a maximum height of 15 feet, as measured from the
finished grade to the highest point of the roof. An attached carport that is integrated into the roof
system can match the roof height of the primary structure.
c. Setbacks:A detached carport must be located in the rear yard and shall meet the side and rear
yard setback requirements for the primary structure. An attached carport may be located in the
side or rear yard and shall meet the side and rear yard setback requirements for the primary
structure.
d. Maximum Number Per Lot:one
e. Paving and Street Access: The parking area underneath a carport shall be paved with concrete or
pavestone. The carport must have paved access to a public street right-of-way.
f. Design Criteria:
i. Roof— Detached carports shall have a pitched roof of at least 4:12. Flat roofs for detached
carports shall be prohibited. Attached carports shall match the roof pitch of the primary
structure. Roof materials for attached or detached carports must match the roof materials for
the primary structure.
ii. Posts and Gables — Post and gables shall be constructed of clay-fired brick, native stone,
cast stone, or a combination of these materials. Stucco is permitted for not more than ten
(10%) percent of the exterior surface. The color of these materials shall be a subtle or neutral
color to match the color scheme of the primary structure. Carports constructed entirely out of
metal are not permitted.
g. Adequacy of Plans and Specifications:The applicant requesting a building permit or Special Use
Permit to construct a non-residential carport shall submit plans and specifications of the proposed
carport for review. Said plans and specifications shall contain sufficient information to allow the
approving body to determine that the proposed carport complies with these regulations. The
approving body 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.
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